[Federal Register Volume 61, Number 209 (Monday, October 28, 1996)]
[Notices]
[Pages 55686-55687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27614]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 96-113; Notice 1]


Ford Motor Company; Receipt of Application for Decision of 
Inconsequential Noncompliance

    Ford Motor Company of Dearborn, Michigan, has determined that 
certain 1996 model year Mercury Villager and Nissan Quest vehicles, 
designed and engineered by Nissan, and manufactured by Ford, fail to 
comply with the power window requirements of 49 CFR 571.118, Federal 
Motor Vehicle Safety Standard (FMVSS) No. 118, ``Power-Operated Window, 
Partition, and Roof Panel Systems'' and filed an appropriate report 
pursuant to 49 CFR Part 573 ``Defect and Noncompliance Information 
Report.'' Ford has also applied to be exempted from the notification 
and remedy requirements of 49 U.S.C. Chapter 301--``Motor Vehicle 
Safety'' on the basis that the noncompliance is inconsequential to 
motor vehicle safety.
    This notice of receipt of an application is published under 49 
U.S.C. 30118(d) and does not represent any agency decision or other 
exercise of judgment concerning the merits of the application.
    Paragraph S4(e) of FMVSS No. 118 requires that ``power operated 
windows may be closed only'' during the interval between the time the 
locking device which controls the activation of the vehicle's engine is 
turned off and the opening of either of a two-door vehicle's doors or, 
in the case of a vehicle with more than two doors, the opening of 
either of its front doors.
    From September 18, 1995, through July 31, 1996, Ford manufactured 
approximately 57,400 Mercury Villager and 46,500 Nissan Quest vehicles 
that do not comply with the power window requirements of FMVSS No. 118, 
paragraph S4(e). The power-operated windows in these vehicles can be 
closed after the ignition key is turned to the ``off'' position and the 
right front (passenger) door is opened. The power window cannot be 
operated (opened or closed) when the ignition key is turned to the 
``off'' position and the left front (driver) door is opened.
    Ford supported its application for inconsequential noncompliance 
with the following:
    ``In the affected Villager and Quest vehicles, it is likely that as 
long as the driver's door has not been opened, an adult (the driver) 
would remain present in the vehicle to supervise any children because a 
driver would exit the vehicle through the driver's door under all but 
the most extraordinary circumstances. As previously noted, the power 
window operation is canceled when the driver door is opened--the door 
through which the operator would be expected to exit the vehicle--thus 
eliminating any potential risk associated with operation of the power 
windows by unsupervised children remaining in the vehicle. In addition, 
the design of the front door power window control switches located on 
the door arm rests is such that closing these windows requires the 
switch to be pulled up and held. Further the switches are recessed in a 
cavity below the switch assembly surface. The intent of these design 
features is to minimize the chance of unintentional activation of power 
window closing that could, with other switch design configurations, 
result from a child leaning or resting a foot on the switch. An 
additional feature that minimizes the potential risk of injury to 
unsupervised children in the affected vehicles is that no power window 
switch controls are located in the rear seat positions, and the control 
switches for the third row seat optional power quarter windows are 
located in an overhead console in the front passenger compartment, 
relatively out of sight. In addition to the items cited above to 
mitigate the risk of injury, the Villager and Quest owner guides warn 
against leaving children unattended in the vehicle, specifically warn 
of the potential danger of children playing with the vehicle's power 
windows, and identify the fact that the accessory delay feature allows 
the power windows to be operated for a fifteen minute period after the 
ignition is turned off or until the driver door is opened.
    ``Neither Ford or Nissan are aware of any field or owner reports or 
allegations of injuries related to this condition. We [Ford] believe 
the likelihood of unsupervised children left in one of the affected 
vehicles being exposed to injury during the fifteen minute period after 
the ignition key has been turned off and a driver has exited the 
vehicle through other than the driver's door is very remote, and 
therefore the noncompliance presents no reasonably anticipated risk to 
motor vehicle safety. We [Ford] request that the agency find this 
condition to be inconsequential to motor vehicle safety, and 
accordingly that Ford and Nissan be exempted from the notice and remedy 
requirements of the Code. The agency recently granted a petition from 
Volkswagen of America, Inc., as documented in Federal Register, Volume 
60, page 48197, (September 18, 1995), for vehicles with power windows

[[Page 55687]]

operating in a manner similar to the affected Villagers and Quests.''
    Interested persons are invited to submit written data, views, and 
arguments on the application of Ford, described above. Comments should 
refer to the docket number and be submitted to: Docket Section, 
National Highway Traffic Safety Administration, Room 5109, 400 Seventh 
Street, SW, Washington, D.C. 20590. It is requested but not required 
that six copies be submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below. Comment 
closing date: November 27, 1996.

(49 U.S.C. 30118, 30120; delegation of authority at 49 CFR 1.50 and 
501.8)

    Issued on: October 23, 1996.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-27614 Filed 10-25-96; 8:45 am]
BILLING CODE 4910-59-P