Ford Motor Company, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Ford Focus
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Claude H. Harris
National Highway Traffic Safety Administration
November 21, 2013
[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Notices]
[Pages 69931-69932]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27950]
[[Page 69931]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0004; Notice 2]
Ford Motor Company, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant 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 the
requirements of S5.2.1 of Federal Motor Vehicle Safety Standard (FMVSS)
No. 101, Controls and Displays and the requirements of 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) 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 Ford's petition was published, with a 30-day
public comment period, on February 2, 2012 in the Federal Register (77
FR 5302). No comments were received. To view the petition, and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2012-0004.''
Contact Information: For further information on this decision
contact Mr. Stuart Seigel, Office of Vehicle Safety Compliance, the
National Highway Traffic Safety Administration (NHTSA), telephone (202)
366-5287, facsimile (202) 366-7002.
Vehicles Involved: Affected are approximately 485 model year 2012
Ford Focus passenger cars that were manufactured at Ford's Michigan
Assembly Plant between May 12, 2011 and May 18, 2012.
Summary of Ford's Analyses: Ford explains that the affected
vehicles display a red International Standards Organization (ISO)
symbol for the brake telltale and warning indicator within the
instrument cluster instead of the word ``BRAKE'' as required in FMVSS
No. 101 and FMVSS No. 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 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-
accessed 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.
Requirement Background: FMVSS No. 101 S5.2.1 and S5.5.2
specifically state:
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 . . .
S5.5.2 The telltales for any brake system malfunction required
by Table 1 to be red, air bag malfunction, low tire pressure,
electronic stability control malfunction (as of September 1, 2011),
passenger air bag off, high beam, turn signal, and seat belt must
not be shown in the same common space.
Additionally, Table 1 Note 9 states:
Refer to FMVSS 105 of FMVSS 135, as appropriate, for additional
specific requirements for brake telltale labeling and color. If a
single telltale is to be used to indicate more than one brake system
condition, the brake system malfunction identifier must be used.
FMVSS No. 135 S5.5.5 specifically states:
(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)
[[Page 69932]]
through S5.5.1(g). If a common indicator is used, it shall display
the word ``Brake'' (emphasis added).
NHTSA Analysis and Reasoning: Ford stated that there are two
conditions which will cause the brake system warning indicator, located
on the instrument cluster and labeled with an ISO symbol instead of
BRAKE, to illuminate:
1. The brake fluid level in the master cylinder reservoir is less
than the recommended safe level; and
2. The parking brake control, a handle located on the center
console, is applied.
Ford also stated that each warning to the driver includes an
audible chime and a warning message in the vehicle's message center.
The message ``brake fluid low service now'' would remain illuminated
until brake fluid is added. However, that message may alternate with
other serious message(s) should they appear. If the vehicle's parking
brake is applied, an audible chime will sound when the vehicle reaches
6 mph for more than 5 seconds. The message ``park brake applied'' will
time out after 10 seconds, but it will be stored in the message
information center for subsequent retrieval by the driver. In addition,
the parking brake control is readily visible to the driver and the
vehicle will lack acceleration if the parking brake is applied. For
either or both conditions 1 and 2, the red brake system warning
indicator labeled with the ISO symbol will remain illuminated until the
problem is corrected.
We believe that the combination of the red color of the ISO symbol,
the audible chimes, message center warnings, and additionally for the
parking brake, the position of the applied lever and reduced
drivability, all described in the owner's manual, will be sufficient to
adequately warn the driver should these serious problems in the braking
system occur, even in the absence of the required BRAKE label on the
indicator. The manufacturer has shown that the discrepancy with the
safety requirement is unlikely to lead to any misunderstanding
especially since other sources of correct information beyond the ISO
symbol are available. We also believe the ISO symbol has over time
evolved to become more recognizable and understandable to drivers. In
addition, NHTSA has not received any consumer complaints regarding the
subject vehicles.
NHTSA Decision: In consideration of the foregoing, NHTSA has
determined that Ford has met its burden of persuasion that the FMVSS
No. 101 and 135 noncompliance for the BRAKE telltale is inconsequential
to motor vehicle safety. Accordingly, Ford's petition is hereby
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, this decision
only applies to the 485 vehicles that Ford no longer controlled at the
time that it determined that a noncompliance existed in the subject
vehicles. However, the granting of this petition does not relieve
vehicle 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 noncompliance existed.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.95 and 501.8.
Issued on: November 18, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-27950 Filed 11-20-13; 8:45 am]
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