Ford Motor Company, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Ford Fusion, Lincoln MKZ
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Jeffrey Giuseppe
National Highway Traffic Safety Administration
July 17, 2015
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42604-42605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17506]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0066; 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 (Ford) has determined that certain model
year (MY) 2013 Ford Fusion and Lincoln MKZ passenger cars built from
August 12, 2012 through January 14, 2013 do not fully comply with
paragraph S3.1.4.1(a) of Federal Motor Vehicle Safety Standard (FMVSS)
No. 102 Transmission Shift Position Sequence, Starter Interlock, and
Transmission Braking Effect, or paragraph S5.2.1 of FMVSS No. 114 Theft
Protection and Rollaway Prevention. Ford has filed an appropriate
report dated March 4, 2013, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports.
ADDRESSES: For further information on this decision contact Amina
Fisher, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-5307,
facsimile (202) 366-7002.
SUPPLEMENTARY INFORMATION:
I. Overview: 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.
Ford submitted its petition on March 21, 2013. On February 11,
2014, Ford submitted a petition supplement to clarify how the specific
vehicles affected do not fully comply with FMVSS No. 102 and FMVSS No.
114.
Notice of receipt of the petition was published, with a 30-day
public comment period, on March 3, 2014, in the Federal Register (79 FR
11871.) 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-2013-0066.''
II. Vehicles Involved: Affected are approximately 4,727 MY 2013
Ford Fusion and Lincoln MKZ passenger cars built from August 12, 2012
through January 14, 2013 at the Hermosillo Stamping and Assembly Plant
(HSAP) in Hermosillo, Mexico.
III. Noncompliance: Ford has determined that because the affected
vehicles were inadvertently shipped to dealers in the ``Factory Mode''
instead of ``Transport Mode,'' the transmission gear selected in
relation to other gears is not always displayed by the shift position
sequence indicator (aka, PRNDL) as required by paragraph S3.1.4.1(a) of
FMVSS No. 102. In addition, the affected Ford Fusion vehicles
manufactured with mechanical key ignition systems do not fully meet the
requirements of paragraph S5.2.1 of FMVSS No. 114 because under certain
conditions the mechanical key may be removed from the ignition lock
cylinder when the transmission shift lever is in a position other than
``park.''
IV. Rule Text: Paragraph S3.1.4.1(a) of FMVSS No. 102 specifically
states:
S3.1.4.1 Except as specified in S3.1.4.3, if the transmission
shift position sequence includes a park position, identification of
shift positions, including the positions in relation to each other
and the position selected, shall be displayed in view of the driver
whenever any of the following conditions exist:
(a) The ignition is in a position where the transmission can be
shifted; . . .
Paragraph S5.2.1 of FMVSS No. 114 specifically states:
S5.2.1 Except as specified in S5.2.3, the starting system
required by S5.1 must prevent key removal when tested according to
the procedures in S6, unless the transmission or gear selection
control is locked in ``park'' or becomes locked in ``park'' as a
direct result of key removal.
V. Summary of Ford's Analyses: Ford stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
1. The vehicle design is self-remedying. The affected vehicles are
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designed to automatically switch from Factory Mode to Transport Mode
after 60 key cycles (beginning with assembly line initialization). Once
in Transport Mode the vehicles are fully compliant with FMVSS
requirements.
2. While in Factory Mode, affected vehicles clearly display the
message ``Factory Mode Contact Dealer'' in either the message center or
instrument cluster. Additionally, the ``Factory Mode Contact Dealer''
message does not obscure any regulatory malfunction indicator lamps, or
(non-mandated) cautionary warnings.
3. The dealership's Pre-Delivery Inspection instructions require
dealerships to change the vehicle into Customer Mode, prior to
delivery, which ensures the condition will be remedied before delivery
to the customer. Ford is not aware of any of the subject vehicles being
delivered to customers in Factory Mode.
4. All other requirements of FMVSS No. 102 and FMVSS No. 114 are
fully satisfied.
5. Ford is not aware of any owner complaints, accidents, or
injuries attributed to this condition.
Ford has additionally informed NHTSA that it has corrected the
noncompliance so that all future vehicles will comply with FMVSS Nos.
102 and 114.
In summation, Ford believes that the described noncompliance of the
subject vehicles 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.
VI. NHTSA Decision
NHTSA's Analysis of Ford's Arguments: Ford stated that while in
Factory Mode, affected vehicles clearly display the message ``Factory
Mode--Contact Dealer'' in a manner that does not obscure any regulatory
malfunction indicator lamps. If a consumer were to receive a vehicle in
Factory Mode the aforementioned warning message will alert the driver
in a clear manner. The consumer would then most likely contact the
dealer, as instructed, who would provide remedy for the condition. If
the consumer chose not to contact the dealer, the FMVSS No. 102
noncompliance of not displaying shift positions would only occur when
the engine is not running and the battery voltage falls below 12.3
volts. The PRNDL shift level positions will be properly illuminated
whenever the engine is running under both stationary and moving
conditions.
With regards to the FMVSS No. 114 noncompliance Ford stated that
while in Factory Mode the mechanical key may be removed from the
ignition lock cylinder when the transmission shift lever is in a
position other than ``park'' if the engine is not running and the CAN
network has entered a hibernation mode after approximately 15 seconds
of total vehicle electrical inactivity. When a consumer turns their
vehicle off they are likely to remove the mechanical key from the
cylinder prior to the vehicle reaching 15 seconds of total electrical
inactivity. Removing the key prior to these 15 seconds would prevent
the vehicle from experiencing a condition noncompliant to FMVSS No. 114
as it would require the transmission control to be shifted to ``park''
before key removal.
Ford stated that dealerships have Pre-Delivery Inspection
instructions which require them to change vehicles from Transport Mode
to Customer Mode.\1\ During this inspection, if the dealership finds
any of the subject vehicles in the Factory Mode the mode will be
changed directly to the Customer Mode. Actions taken by the dealership
during the pre-delivery inspection will ensure noncompliant vehicles
are remedied prior to delivery to the customer. These instructions from
the manufacturer to their dealerships will help to prevent consumers
from receiving vehicles not in Customer Mode.
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\1\ According to Ford, both Transport and Customer Modes are
fully compliant with all FMVSS No. 102 and FMVSS No. 114
requirements. The only difference between the two modes is the
automatic timing set for placing the vehicle into its ``Battery
Saver'' condition. In the Transport Mode the battery saver condition
occurs after 1 minute of inactivity to minimize battery drain during
transport from the OEM factory to the vehicle dealership, whereas,
in the Customer Mode the battery saver condition occurs after ten
minutes of inactivity, the timing is extended for customer
conveniences while parked. Ford also explained that if the vehicle
were to be inadvertently left in the Transport Mode upon delivery to
the customer, the vehicle would automatically shift to the Customer
Mode after 50-62 miles.
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Lastly, Ford states that the vehicle is designed to be self-
remedying and will automatically switch from Factory Mode to the fully
compliant Transport Mode after 60 key cycles. If a consumer were to
receive a vehicle in Factory Mode and decided to ignore the warning
message, their vehicle would automatically switch to a fully compliant
mode after the required number of key cycles.
We believe that drivers of the affected vehicles will be
sufficiently alerted by the message on the instrument cluster which
reads ``Factory Mode--Contact Dealer''. Furthermore, if they choose to
ignore this message, the vehicle is designed to be self-remedying after
60 ignition key cycles. Considering the unique conditions involved with
these noncompliances, and Ford's statement about the lack of associated
complaints, accidents or injuries related to the affected vehicles,
Ford's noncompliance is considered inconsequential.
NHTSA's Decision: In consideration of the foregoing, NHTSA has
decided that Ford has met its burden of persuasion that the
noncompliance described is inconsequential to motor vehicle safety.
Accordingly, Ford's petition is hereby granted and Ford is exempted
from the obligation of providing notification of, and remedy for the
subject noncompliances.
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 4,727 vehicles that Ford no longer controlled at
the time it determined that the noncompliance existed. However, the
granting of this petition does not relieve vehicle distributors and
dealers of the prohibitions on the sale, offer for sale, or
introduction for delivery or 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
49 CFR 1.95 and 501.8.
Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-17506 Filed 7-16-15; 8:45 am]
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