[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Pages 5302-5303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2307]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0004; Notice 1]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

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SUMMARY: Ford Motor Company \1\ (Ford) has determined that certain 
model year 2012 Ford Focus model passenger cars manufactured between 
May 12, 2011 and May 18, 2011, do not fully comply with paragraph 
S5.2.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, 
Controls and Displays and paragraphs S5.5.5 of FMVSS No. 135, Light 
Vehicle Brake Systems. Ford has filed an appropriate report pursuant to 
49 CFR Part 573, Defect and Noncompliance Responsibility and Reports 
(dated July 7, 2011).
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    \1\ Ford Motor Company is a motor vehicle manufacturer 
incorporated under the laws of the state of Delaware.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
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.
    This notice of receipt of Ford's petition 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 petition.
    Affected are approximately 485 model year 2012 Ford Focus model 
passenger cars that were manufactured between May 12, 2011 and May 18, 
2011.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, these provisions 
only apply to the 485 \2\ model year 2012 Ford Focus model passenger 
cars that Ford no longer controlled at the time it determined that the 
noncompliance existed.
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    \2\ Ford's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt Ford as a vehicle manufacturer 
from the notification and recall responsibilities of 49 CFR part 573 
for 485 of the affected vehicles. However, a decision on this 
petition cannot relieve vehicle distributors and dealers of the 
prohibitions on the sale, offer for sale, introduction or delivery 
for introduction into interstate commerce of the noncompliant 
vehicles under their control after Ford notified them that the 
subject noncompliance existed.
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    Paragraph S5.2.1 of FMVSS No. 101 requires:

    S5.2.1. Except for the Low Tire Pressure Telltale, each control, 
telltale and indicator that is listed in column 1 of Table 1 or 
Table 2 must be identified by the symbol specified for it in column 
2 or the word or abbreviation specified for it in column 3 of Table 
1 or Table 2. If a symbol is used, each symbol provided pursuant to 
this paragraph must be substantially similar in form to the symbol 
as it appears in Table 1 or Table 2. If a symbol is used, each 
symbol provided pursuant to this paragraph must have the 
proportional dimensional characteristics of the symbol as it appears 
in Table 1 or Table 2. The Low Tire Pressure Telltale (either the 
display identifying which tire has low pressure or the display which 
does not identify which tire has low pressure) shall be identified 
by the appropriate symbol designated in column 4, or both the symbol 
in column 4 and the words in column 3. No identification is required 
for any horn (i.e., audible warning signal) that is activated by a 
lanyard or by the driver pressing on the center of the face plane of 
the steering wheel hub; or for a turn signal control that is 
operated in a plane essentially parallel to the face plane of the 
steering wheel in its normal driving position and which is located 
on the left side of the steering column so that it is the control on 
that side of the column nearest to the steering wheel face plane. 
However, if identification is provided for a horn control in the 
center of the face plane of the steering wheel hub, the identifier 
must meet Table 2 requirements for the horn.

    Paragraphs S5.5.5 of FMVSS No. 135 requires in pertinent part:

    S5.5.5. Labeling. (a) Each visual indicator shall display a word 
or words in accordance with the requirements of Standard No. 101 (49 
CFR 571.101) and this section, which shall be legible to the driver 
under all daytime and nighttime conditions when activated. Unless 
otherwise specified, the words shall have letters not less than 3.2 
mm (\1/8\ inch) high and the letters and background shall be of 
contrasting colors, one of which is red. Words or symbols in 
addition to those required by Standard No. 101 and this section may 
be provided for purposes of clarity.
    (b) Vehicles manufactured with a split service brake system may 
use a common brake warning indicator to indicate two or more of the 
functions described in S5.5.1(a) through S5.5.1(g). If a common 
indicator is used, it shall display the word ``Brake.'' * * *

    Ford explained that the noncompliance is that the telltales used 
for Brake Warning, Park Brake Warning and Antilock Braking System (ABS) 
failure warnings are displayed using International Organization for 
Standardization (ISO) symbols instead of the telltale symbols required 
by FMVSS Nos. 101 and 135.
    Ford stated its belief that although the instrument cluster 
telltale symbols are displayed using ISO symbols the noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (1) The Owners Guide for the subject vehicles is written for 
multiple markets and depicts both the ``BRAKE'' and ISO symbol 
telltales for brake warning conditions.
    (2) Paragraph S5.5.1 of FMVSS No. 135 states that the warning 
indicator must identify a gross loss of fluid or fluid pressure and 
identify if the parking brake is applied and is satisfied by a separate 
ABS lamp which complies with all requirements of FMVSS No. 135 and 
FMVSS No. 101.
    (3) In the event that the brake fluid level in the master cylinder 
reservoir is less than the recommended safe level, the ISO symbol will 
illuminate and a warning message will display in the Message Center 
that states ``BRAKE FLUID LEVEL LOW SERVICE NOW'' and an initial 
warning chime will sound. The message will stay continuously displayed 
until acknowledged by the operator, provided there are no other serious 
message(s), which would result in the messages alternating. If the 
brake fluid is still low on subsequent key cycles the message will be 
redisplayed in the message center. If the message is acknowledged by 
the operator a red ``i'' is illuminated on the instrument cluster 
noting that an

[[Page 5303]]

important message is stored and can be re-accessed by requesting a 
System Check.
    (4) The parking brake in the subject vehicle is set by pulling up 
on the parking brake handle, which is located on the center console 
adjacent to the gear shift lever. Thus the application of the parking 
brake is in full view of the operator. When the parking brake is 
engaged it illuminates the ISO symbol and should the operator proceed 
with the parking brake engaged, a warning message ``PARK BRAKE 
APPLIED'' and an initial audible chime will sound when the vehicle is 
driven at six miles per hour or greater for more than five seconds, in 
addition to the vehicle feedback of a lack of acceleration. The warning 
message will time out after ten seconds but a red ``i'' remains 
illuminated noting that an important message is stored and can be re-
acessed by requesting a System Check. If the operator continues to 
drive with the parking brake engaged, after 30 seconds the warning 
message ``PARK BRAKE APPLIED'' will return, along with a warning chime.
    (5) In all cases the ISO symbol for the brake telltale illuminates 
and remains illuminated in accordance with the requirements of FMVSS 
No. 135.
    (6) Ford is unaware of any field or owner complaints regarding the 
issue of non compliant telltales.
    In summation, Ford believes that the described noncompliance of its 
vehicles is inconsequential to motor vehicle safety, and that its 
petition, to exempt it from providing recall notification of 
noncompliance as required by 49 U.S.C. 30118 and remedying the recall 
noncompliance as required by 49 U.S.C. 30120 should be granted.
    Comments: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: By logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Comments may also be faxed to 1-
202-493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.

DATES: Comment closing date: March 5, 2012.

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

    Issued on: January 27, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-2307 Filed 2-1-12; 8:45 am]
BILLING CODE 4910-59-P