[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Notices]
[Page 71181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32857]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-6632; Notice 1]


Ford Motor Co.; Receipt of Application for Decision of 
Inconsequential Noncompliance

    Ford Motor Company (Ford) has determined that certain 2000 model 
year Ford Focus vehicles it produced are not in full compliance with 49 
CFR 571.135, Federal Motor Vehicle Safety Standard (FMVSS) No. 135, 
``Light Vehicle Brake Systems,'' and has filed an appropriate report 
pursuant to 49 CFR Part 573, ``Defect and Noncompliance Reports.'' 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 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the application.
    Paragraph S5.4.3(b) of FMVSS No. 135 states that the brake fluid 
warning statement lettering shall be ``located so as to be visible by 
direct view, either on or within 100 mm (3.94 inches) of the brake 
fluid reservoir filler plug or cap.'' Ford manufactured approximately 
11,000 model year 2000 Focus vehicles that may not comply with the 
requirement that the brake fluid label be located within 100 mm of the 
reservoir filler plug or cap. The vehicles were manufactured between 
October 7, 1999 and October 20, 1999. According to Ford, the location 
of the labels containing the required lettering was not controlled and, 
while clearly visible by direct view, some labels were located such 
that the lettering is 120 to 130 mm distance from the reservoir filler 
cap. Ford believes this condition to be inconsequential as it relates 
to motor vehicle safety.
    Ford stated in its Petition that the noncompliance was precipitated 
by a production change. Prior to the production change, the labels were 
affixed by Ford during vehicle assembly. The production change resulted 
in the brake fluid warning labels being affixed by the supplier of the 
vehicle component on which the labels are mounted. The supplier was not 
aware of the importance of the positioning of the brake fluid warning 
label on the vehicle component.
    Ford's petition included a brake fluid warning label of the type 
affixed to the 2000 model year Focus. Ford also provided photographs of 
an engine compartment in which the label is properly located 
(approximately 75 mm from the brake fluid reservoir cap) and an engine 
compartment with an improperly located label. Ford supported its claim 
that the noncompliance is inconsequential by stating that the subject 
labels meet all other federal requirements, and the location of these 
labels does not present reasonably anticipated risks to motor vehicle 
safety.
    Interested persons are invited to submit written data, views, and 
arguments on the application described above. Comments should refer to 
the docket number and be submitted to: U.S. Department of 
Transportation, Docket Management, Room PL-401, 400 Seventh Street, SW, 
Washington, DC 20590. It is requested that two 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: January 19, 2000.

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

    Issued on: December 14, 1999.
Stephen R. Kratzke,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 99-32857 Filed 12-17-99; 8:45 am]
BILLING CODE 4910-59-P