Ford Motor Company, Denial of Petition for Decision of Inconsequential Noncompliance |
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Topics: Ford E-150, Ford E-250, Ford E-350, Ford E-450
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Nancy Lummen Lewis
National Highway Traffic Safety Administration
November 27, 2013
[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Notices]
[Pages 71030-71031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28458]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0005; Notice 2]
Ford Motor Company, Denial of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of Petition.
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SUMMARY: Ford Motor Company (Ford) has determined that certain model
year 2011 Ford E-150, E-250, E-350 and E-450 motor vehicles
manufactured
[[Page 71031]]
between May 12, 2011 and May 26, 2011, do not fully comply with
paragraph S5.1.1 of Federal Motor Vehicle Safety Standard (FMVSS) No.
205, Glazing Materials. Ford has filed an appropriate report pursuant
to 49 CFR Part 573, Defect and Noncompliance Responsibility and
Reports, dated August 22, 2011.
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.
NHTSA published a notice of receipt of the petition, with a 30-day
public comment period, on February 2, 2012, in the Federal Register 77
FR 5301. In response to the petition, NHTSA did not receive any
comments.
ADDRESSES: 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-2012-0005.''
FOR FURTHER INFORMATION CONTACT: For further information on this
decision contact Mr. Luis Figueroa, Office of Vehicle Safety
Compliance, the National Highway Traffic Safety Administration (NHTSA),
telephone (202) 366-5298, facsimile (202) 366-7002.
SUPPLEMENTARY INFORMATION:
Vehicles Involved: Affected are approximately 4,532 model year 2011
Ford E-150, E-250, E-350 and E-450 trucks manufactured between May 12,
2011, and May 25, 2011, at Ford's Ohio assembly plant.
Summary of Ford's Analysis and Arguments: Ford described the
noncompliance as the formation of air bubbles in the windshields when
subjected to high temperatures specified in paragraph S5.1 of FMVSS No.
205.
Paragraph S5.1 of FMVSS No. 205 requires in pertinent part:
S5.1 Glazing materials for use in motor vehicles must conform to
ANSI/SAE Z26.1-1996 (incorporated by reference, see Sec. 571.5)
unless this standard provides otherwise . . .
S5.1.1 Multipurpose passenger vehicles. Except as otherwise
specifically provided by this standard, glazing for use in
multipurpose passenger vehicles shall conform to the requirements
for glazing for use in trucks as specified in ANSI/SAE Z26.1-1996
(incorporated by reference, see Sec. 571.5).
Ford expressed its belief that only approximately 100 of the 4,532
subject vehicles may actually develop air bubbles in their windshields.
Ford argues that paragraph S5.1.1 of FMVSS No. 205 specifies
meeting the requirements of ANSI Z26.1-1996 Section 5.4 Boil, Test 4.
The affected paragraph 5.4.3 ``Interpretation of Results'' states ``The
glass itself may crack in this test, but no bubbles or other defects
shall develop more than 13 mm (\1/2\ in) from the outer edge of the
specimen or from any cracks that may develop.'' Although the affected
windshields may develop air bubbles, Ford believes this condition does
not present a risk to motor vehicle safety for the reasons described
below.
The initiation of the air bubbles will most likely occur when the
vehicle is parked in the sun with ambient temperatures greater than
80[deg] F, and they occur very early in the life of the vehicle. This
was the case for the initial vehicles that exhibited the condition
while still at the assembly plant, that was experiencing high seasonal
temperatures at the time. Of the 41 field reports of the condition that
had occurred as of August 16, 2011, only one occurred subsequent to
delivery to a customer. All other field reports were found during pre-
delivery vehicle preparation.
The appearance of the air bubbles is a slow process, and there are
no reports of air bubbles affecting the entire windshield. If bubbles
do occur in the driver vision zone, the vision zone is initially only
partially affected. This condition would be noticed by the customer
prior to a significant spread of the air bubbles, and the customer
would seek repair under Ford's normal \3/36\ warranty.
Ford is not aware of accidents or injuries attributed to this
condition.
In summation, Ford believes that the described noncompliance of its
vehicles to meet the requirements of FMVSS No. 205 is inconsequential
to motor vehicle safety, and that its petition, to exempt 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.
Background: FMVSS No. 205 specifies labeling and performance
requirements for automotive glazing. FMVSS No. 205 incorporates by
reference ANSI Z26.1 (1996). The purpose of Test No. 4 Boil Test
(Section 5.4 of ANSI Z26.1 (1996)) is to determine if the glazing
material will withstand exposure to tropical temperatures over an
extended period of time.
NHTSA's Analysis: Ford believes this condition does not present a
risk to motor vehicle safety because the initiation of the air bubbles
will most likely occur when the vehicle is parked in the sun with
ambient temperatures greater than 80[deg] F. However, data from the
National Oceanic and Atmospheric Administration (NOAA) shows that the
condition that Ford describes ``sun with ambient temperatures greater
than 80[deg] F'' is a very likely event. Data from the NOAA for the USA
shows that in early spring (around the month of March 2011) the
southern states are already experiencing mean maximum temperatures in
excess of 80[deg] F. The same data shows that in July most of the
nation is experiencing mean maximum temperatures over 80[deg] F with
some states experiencing mean maximum temperatures of over 100[deg] F.
More importantly, the agency believes that the true measure of
inconsequentiality is whether there is a safety effect of the
noncompliance on the operational safety of the vehicle. In this case if
the noncompliance (a bubble or bubbles in the windshield) were to
manifest, this condition causes delamination of the glazing material
which could weaken the structural integrity around the windshield edge
and pose a safety risk to the occupants. Bubbles also could affect the
vision of the driver and thus would have a detrimental effect on the
operational safety of the vehicle. The agency also notes that the low
number of vehicles involved in this case does not lessen the safety
issue that the non-compliance creates. The degraded visibility created
by the bubbles in the windshield still creates a safety risk even if it
only occurs in a few vehicles.
The fact that customers might notice the non-compliance and seek
repairs from Ford on their own does not mean that the safety risk posed
by the bubbles in the windshield has been completely mitigated.
NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that Ford has not met its burden of persuasion that the FMVSS
No. 205 noncompliances identified in Ford's Noncompliance Information
Report. Accordingly, Ford's petition is hereby denied, and the Ford
must notify owners, purchasers and dealers pursuant to 49 U.S.C. 30118
and provide a remedy in accordance with 49 U.S.C. 30120.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.95 and 501.8).
Dated: November 21, 2013.
Nancy Lummen Lewis,
Associate Administrator for Enforcement.
[FR Doc. 2013-28458 Filed 11-26-13; 8:45 am]
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