[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Notices]
[Pages 69373-69375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31080]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0183; Notice 2]


Ford Motor Company, Grant of Petition for Decision of 
Inconsequential Noncompliance

    Ford Motor Company (Ford) has determined that certain complete 
model year 2007-2008 Ford Expedition and Lincoln Navigator multipurpose 
passenger vehicles (MPV) built with the Limousine Builders Package and 
certain complete 2008 model year Ford Crown Victoria Police Interceptor 
(CVPI) passenger cars built with two front bucket seats did not fully 
comply with paragraph S4.3(b) of 49 CFR 571.110 (Federal Motor Vehicle 
Safety Standard (FMVSS) No. 110, Tire Selection and Rims, for Motor 
Vehicles With a GVWR of 4,536 Kilograms (10,000 Pounds) or Less). Ford 
has filed an appropriate report pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, Ford has petitioned 
for an exemption from the notification and remedy requirements of 49 
U.S.C. Chapter 301 on the basis that this noncompliance is 
inconsequential to motor vehicle safety. Notice of receipt of the 
petition was

[[Page 69374]]

published, with a 30-day public comment period, on December 19, 2008, 
in the Federal Register (73 FR 77874). No comments were received. To 
view the petition and all supporting documents log onto the Federal 
Docket Management System Web site at: http://www.regulations.gov/. Then 
follow the online search instructions to locate docket number ``NHTSA-
2008-0183.''
    For further information on this decision, contact Mr. John 
Finneran, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-0645, 
facsimile (202) 366-7097.
    Affected are approximately 233 model year 2007-2008 Ford Expedition 
and Lincoln Navigator MPVs with the Limousine Builders Package (built 
from September 6, 2006 through March 12, 2008, at Ford's Michigan Truck 
Plant) and approximately 34,682 model year 2008 Ford Crown Victoria 
Police Interceptor passenger cars equipped with two front bucket seats 
(built from June 27, 2007, through May 7, 2008, at Ford's St. Thomas 
Assembly Plant).
    Paragraph S4.3 of FMVSS No. 110 requires in pertinent part:

    S4.3 Placard. Each vehicle, except for a trailer or incomplete 
vehicle, shall show the information specified in S4.3(a) through 
(g), and may show, at the manufacturer's option, the information 
specified in S4.3(h) and (i), on a placard permanently affixed to 
the driver's side B-pillar. In each vehicle without a driver's side 
B-pillar and with two doors on the driver's side of the vehicle 
opening in opposite directions, the placard shall be affixed on the 
forward edge of the rear side door. If the above locations do not 
permit the affixing of a placard that is legible, visible and 
prominent, the placard shall be permanently affixed to the rear edge 
of the driver's side door. If this location does not permit the 
affixing of a placard that is legible, visible and prominent, the 
placard shall be affixed to the inward facing surface of the vehicle 
next to the driver's seating position. This information shall be in 
the English language and conform in color and format, not including 
the border surrounding the entire placard, as shown in the example 
set forth in Figure 1 in this standard. At the manufacturer's 
option, the information specified in S4.3(c), (d), and, as 
appropriate, (h) and (i) may be shown, alternatively to being shown 
on the placard, on a tire inflation pressure label which must 
conform in color and format, not including the border surrounding 
the entire label, as shown in the example set forth in Figure 2 in 
this standard. The label shall be permanently affixed and proximate 
to the placard required by this paragraph. The information specified 
in S4.3 (e) shall be shown on both the vehicle placard and on the 
tire inflation pressure label (if such a label is affixed to provide 
the information specified in S4.3(c), (d), and, as appropriate, (h) 
and (i)) may be shown in the format and color scheme set forth in 
Figures 1 and 2 * * *
    (b) Designated seated capacity (expressed in terms of total 
number of occupants and number of occupants for each front and rear 
seat location) * * *

    In its petition, Ford explained that the noncompliances with FMVSS 
No. 110 exist due to errors on the tire and loading information 
placards that it affixed to the vehicles. Ford described the 
noncompliances as incorrect listing of designated seating positions on 
the tire and loading information placard. Specifically:
    1. Expedition and Navigator vehicles with the Limo Builders Package 
are built with only two front seats. No rear seats are installed. The 
tire information placard identifies the seating capacity as five total 
(two front; three rear) or seven total (two front; five rear), instead 
of two total (two front; zero rear).
    2. CVPI passenger cars with two front bucket seats--the designated 
seating capacity was incorrectly identified as six total (three front; 
three rear) instead of five total (two front; three rear).
    Ford also explained its belief that in each of these cases the 
number of seats and the number of safety belts installed in the vehicle 
will clearly indicate to the customers the actual seating capacity. 
Ford also declared its belief that NHTSA has reached a similar 
conclusion that the presence of seat belts will alert the operators to 
the number of seating positions in any row of seating. Ford 
specifically details its reasoning as follows:

    In the case of the Expedition and Navigator vehicles built with 
the Limo Builders Package are equipped with only two front seats and 
two sets of safety belts when delivered to the Qualified Vehicle 
Modifier (QVM). When the QVM completes the modifications to the 
vehicles, the final number of seating positions will be specified on 
the label required to be affixed by the QVM.
    In the case of the CVPI vehicles that are equipped with front 
bucket seats, the seats are separated by approximately 11 inches and 
Ford believes that nearly all of these vehicles will have a center 
console (typically used to mount police equipment such as lap top 
computers, communications radios, siren and lighting controls, etc.) 
installed by the aftermarket upfitters who perform police vehicle 
conversions.

    Ford stated that in all cases, the weight capacity, the tire size 
designation and the cold tire inflation pressure data listed on the 
tire and loading information placard is correct for the vehicles on 
which they are installed. Ford additionally stated that because the 
weight capacity is accurate, it believes that there is no potential for 
vehicle overloading due to the incorrect value in the designated 
seating capacity.
    Ford also stated that it was not aware of any field or owner 
complaints of misunderstanding of the actual number of seats in these 
vehicles.
    Ford also has informed NHTSA that it has corrected the problem that 
caused these errors so that they will not be repeated in future 
production.
    Subsequent to submitting the petition Ford has additionally 
informed the agency that none of the subject vehicles could have been 
newly purchased by the general public. The subject Ford Expedition and 
Lincoln Navigator MPVs were sold only to Qualified Vehicle Modifiers 
(QVM) approved by Ford. These modifiers were provided with specific 
instructions by Ford to install new tire information labels if the 
information on the labels installed by Ford are not accurate prior to 
the first retail sale of a vehicle. The modifications normally 
performed by QVM require them to install supplementary certification 
labels. See 49 CFR 567.7. The subject Ford CVPI passenger cars could 
only be ordered by government agencies and normally have police 
equipment mounted on the center console by vehicle modifiers as 
directed by the purchasing agencies.
    In summation, Ford states that it believes that the noncompliances 
are inconsequential to motor vehicle safety and that no corrective 
action is warranted.

NHTSA Decision

    NHTSA agrees with Ford that this noncompliance will not have an 
adverse effect on vehicle safety. In the agency's judgment, the 
presence of seat belts in the subject vehicles will alert vehicle users 
to the number of intended seating positions. The presence or absence of 
the large center console between the front bucket seats of the CVPI 
vehicles should alert vehicle users to the absence of seating 
positions. Because the QVM normally add additional seating to the 
vehicles they alter it is likely that they will be replacing the labels 
originally placed on the Ford Expedition and Lincoln Navigator vehicles 
by Ford. If the QVM do not add additional seating, the absence of rear 
seats in the Expedition and Navigator vehicles with the Limo Builders 
Package should alert vehicle users to the absence of seating positions.
    In consideration of the foregoing, NHTSA has decided that Ford has 
met its burden of persuasion that the subject FMVSS No. 110 labeling 
noncompliances are inconsequential to motor vehicle safety. 
Accordingly, Ford's petition is granted and the

[[Page 69375]]

petitioner is exempted from the obligation of providing notification 
of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118 
and 30120.

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

    Issued on: December 23, 2009.
Claude Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-31080 Filed 12-30-09; 8:45 am]
BILLING CODE 4910-59-P