[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Notices]
[Pages 54869-54871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-21530]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2023-0049; Notice 1]
Ford Motor Company, Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: Ford Motor Company (Ford) has determined that certain model
year (MY) 2021-2023 Ford and Lincoln motor vehicles do not fully comply
with Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire
Pressure Monitoring Systems, and FMVSS No. 209, Seat Belt Assemblies.
Ford filed a noncompliance report dated June 9, 2023, and subsequently
petitioned NHTSA (the ``Agency'') on June 29, 2023, for a decision that
the subject noncompliances are inconsequential as they relate to motor
vehicle safety. This document announces receipt of Ford's petition.
DATES: Send comments on or before December 29, 2025.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition.
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Comments must refer to the docket and notice number cited in the title
of this notice and may be submitted by any of the following methods:
Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
Hand Delivery: Deliver comments by hand to the 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 for Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
Comments may also be faxed to (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 comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).
FOR FURTHER INFORMATION CONTACT: Kamna Ralhan, General Engineer, NHTSA,
OVSC, (202) 366-6443 or Kelley Adams-Campos, Safety Compliance
Engineer, NHTSA, Office of Vehicle Safety Compliance (OVSC), (202) 366-
7479.
SUPPLEMENTARY INFORMATION:
I. Overview: Ford determined that certain MY 2021-2023 Ford and
Lincoln motor vehicles do not fully comply with paragraph S4.5(a) of
FMVSS No. 138, Tire Pressure Monitoring Systems, (49 CFR 571.138) and
paragraph S4.1(l) of FMVSS No. 209, Seat Belt Assemblies (49 CFR
571.209).
Ford filed a noncompliance report dated June 9, 2023, pursuant to
49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
Ford petitioned NHTSA on June 29, 2023, for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential as it relates to motor
vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR
part 556, Exemption for Inconsequential Defect or Noncompliance.
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
another exercise of judgment concerning the merits of the petition.
II. Vehicles Involved: Approximately 1,876,448 of the following
Ford and Lincoln motor vehicles, manufactured between January 8, 2020,
and May 30, 2023, were reported by the manufacturer:
MY 2021-2023 Ford F-150
MY 2021-2023 Ford Mustang Mach-E
MY 2021-2023 Ford Bronco
MY 2021-2023 Ford Edge
MY 2022-2023 Ford Expedition
MY 2023 Ford F-Super Duty: F-250, F-350, F450, F-550, F-600
MY 2023 Ford Escape
MY 2021-2023 Lincoln Nautilus
MY 2022-2023 Lincoln Navigator
MY 2023 Lincoln Corsair
III. Rule Requirements: Paragraphs S4.5(a) of FMVSS No. 138 and
paragraph S4.1(l) of FMVSS No. 209 include the requirements relevant to
this petition. Paragraph S4.5(a) of FMVSS No. 138 requires that the
owner's manual provided with each vehicle certified as complying with
paragraph S4 of FMVSS No.138 must include the statement specified in
paragraph S4.5(a), which details the importance of maintaining proper
tire pressure and explains the functionality of the tire pressure
monitoring system (TPMS). Paragraph S4.1(l) of FMVSS No. 209 requires,
in part, that a seat belt assembly include written instructions on the
proper use, maintenance and periodic inspection of the seatbelt
assembly and related components.
IV. Noncompliance: Ford explains that the printed paper document
provided with the subject vehicles is missing certain information that
is required by FMVSS Nos. 138 and 209. Specifically, the document is
missing the statement required by paragraph No. 4.5(a) of FMVSS No.
138, which provides information about the TPMS, and the written
instructions required by S4.1(l) of FMVSS No. 209 regarding the
maintenance and periodic inspection of the seatbelt assembly and
related components.
V. Summary of Ford's Petition: The following views and arguments
presented in this section, ``V. Summary of Ford's Petition,'' are the
views and arguments provided by Ford. They have not been evaluated by
the Agency and do not reflect the views of the Agency. Ford describes
the subject noncompliances and contends that the noncompliances are
inconsequential as they relate to motor vehicle safety.
Ford explains that it introduced Digital Owner's Manuals (DOM) into
U.S. vehicles starting with the MY 2021 Ford F-150 and Ford Mustang
Mach-E motor vehicles, and DOMs have since been phased into the other
subject vehicles. Ford notes that customers who purchase vehicles
equipped with a DOM also receive a Supplemental Owner's Guide (SOG), a
printed paper document that contains a subset of information available
in the DOM. Prior to the introduction of the DOM, Ford determined that
certain information was required to be provided to customers in printed
form to comply with FMVSS requirements. Ford states that its intent was
to provide printed information to customers in the SOG.
On May 11, 2023, Ford's Critical Concern Review Group (CCRG)
reviewed an issue involving missing content from the SOG. The
investigation found that information required by FMVSS Nos. 138 and 209
to be provided in the owner's manual or in writing was missing from the
SOG. However, Ford states that the CCRG also found that the required
information was included in the DOM for the subject vehicles.\1\
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\1\ Ford notes that 26,957 MY 2022 Ford Mustang Mach-E motor
vehicles lost access to the DOM after an over the air (OTA) software
update in January 2023 unintentionally deleted it. As of May 23,
2023, a subsequent OTA update restored the DOM for 26,368 of these
vehicles. To address the missing DOM in the remaining 589 vehicles,
a field service action was approved on June 2, 2023, and affected
customers were mailed the full owner's manual and provided with
instructions to restore the DOM either via another OTA or by
visiting a dealership.
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[[Page 54871]]
Ford references a May 18, 2009, interpretation by NHTSA's Chief
Counsel's Office, which states that certain FMVSSs require information
to be provided in written form, either in owner's manuals if one is
provided, or in a paper format. Ford notes that the interpretation also
specifies the advantages of hard copy owner's manuals.\2\ In 2021,
NHTSA published a notice in the Federal Register soliciting comments on
the paperwork burdens associated with vehicle owner's manual
requirements and received a comment from Alliance for Automotive
Innovation suggesting that NHTSA reduce the paperwork burden of
printing and distributing written owner's manuals by interpreting the
requirements to permit digital format owner's manuals as an alternative
to printed copies. Ford says that NHTSA responded that no such
compliance option currently exists for digital formats, and the Auto
Innovators' request to change the FMVSS is outside of the scope of the
reinstatement request, though NHTSA would consider the request for
future Agency action.\3\
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\2\ Ford cites NHTSA's letter to The Honorable Bob Goodlatte,
May 18, 2009, available at https://www.nhtsa.gov/interpretations/09-002735-cong-goodlatte-2.
\3\ Agency Information Collection Activities; Notice and Request
for Comments; Consolidated Vehicles' Owner's Manual Requirements for
Motor Vehicles and Motor Vehicle Equipment; 87 FR 9,790, February
22, 2022.
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Ford cites Maserati North America's (MNA) 2020 petition for a
determination of inconsequential noncompliance, which involved a
similar noncompliance regarding digital owner's manuals accessible
through the vehicle's touchscreen.\4\
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\4\ See Maserati North America, Inc., Receipt of Petition for
Decision of Inconsequential Noncompliance; 85 FR 45466 (July 28,
2020).
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Regarding the subject noncompliance, Ford explains that while the
language required by paragraph S4.5(a) of FMVSS No. 138 is not included
in the printed SOG provided with the vehicle, it is provided to
customers digitally in the DOM. Similarly, for FMVSS No. 209, Ford
states that although the printed SOG does not include the written
instructions on the maintenance and periodic inspection of the seatbelt
assembly and related components, these instructions were included in
the DOM.
Ford contends that the subject noncompliance is inconsequential to
motor vehicle safety because vehicle occupants can access all required
owner's manual content, including the information required by FMVSS No.
138 and FMVSS No. 209, through the DOM displayed on the center
console's infotainment screen. Ford asserts that the DOM is organized
with a table of contents and a search function, allowing users to
easily locate information. Ford emphasizes that, unlike the compact
disc (CD) manual referenced in a NHTSA 2009 interpretation, the DOM is
integrated into the vehicle and, therefore, cannot be misplaced.\5\
Appendix I of Ford's petition details the steps for accessing the DOM
through the infotainment screen, with similar steps applicable to all
affected vehicles.
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\5\ Ford cites NHTSA's letter to The Honorable Bob Goodlatte,
May 18, 2009, available at https://www.nhtsa.gov/interpretations/09-002735-cong-goodlatte-2.
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Ford also states that the required owner's manual information is
available to the public via ford.com/supportandlincoln.com/support, and
vehicle owners can access it through the ``Ford Pass'' and ``Lincoln
Way'' mobile applications. According to Ford, the owner's manual for
all affected vehicles is available online, along with informational
videos about the vehicles. The online owner's manual includes the
information required by paragraph S4.5 of FMVSS No. 138, and the
written information required by paragraph S4.1(l) of FMVSS No. 209.
Ford states that the owner's manuals are accessible by vehicle
identification number or by model year and model lookup. Additionally,
the Ford website address is provided in the ``Introduction'' section of
the affected vehicles' SOG.
Appendix II of Ford's petition details the steps to access the
online owner's manual through ford.com/support, with similar
instructions for the lincoln.com/support website. Ford further explains
that customers can use the ``Ford Pass'' or ``Lincoln Way'' mobile
applications, available free of charge, to view their vehicle's owner's
manual. These mobile applications require users to download the
application, register their vehicle, and have internet or cellular
access on their mobile device.
Appendix III of Ford's petition specifies how a user can access the
owner's manual through the ``Ford Pass'' mobile application, with
similar steps for the ``Lincoln Way'' mobile application.
Ford reports that it searched its internal records and Vehicle
Owner Questionnaires (VOQs) and found no evidence of customers
experiencing confusion or lacking information regarding TPMS indicators
or the maintenance and inspection of seatbelt components. Ford found no
other related complaints, accidents or injuries associated with the
subject noncompliances. While Ford acknowledges that this fact is not
dispositive, Ford considers it illustrative of the field performance.
Ford concludes by stating its belief that the subject
noncompliances are inconsequential as they relate to motor vehicle
safety and its petition to be exempted from providing notification of
the noncompliances, as required by 49 U.S.C. 30118, and a remedy for
the noncompliances, as required by 49 U.S.C. 30120, should be granted.
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, any decision on
this petition only applies to the subject vehicles that Ford no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve vehicles
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after Ford
notified them that the subject noncompliances existed.
(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)
Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2025-21530 Filed 11-26-25; 8:45 am]
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