17598 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices 

By order of the Maritime Administrator. 

Daron T. Threet, 

Secretary, Maritime Administration. 

[FR Doc. E7–6546 Filed 4–6–07; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2007–27795] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

PROSIT. 

SUMMARY: As authorized by Pub. L. 105–

383 and Pub. L. 107–295, the Secretary 

of Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to grant waivers of the U.S.- 

build requirement of the coastwise laws 

under certain circumstances. A request 

for such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2007–

27795 at http://dms.dot.gov. Interested 

parties may comment on the effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. If MARAD determines, in 

accordance with Pub. L. 105–383 and 

MARAD’s regulations at 46 CFR Part 

388 (68 FR 23084; April 30, 2003), that 

the issuance of the waiver will have an 

unduly adverse effect on a U.S.-vessel 

builder or a business that uses U.S.-flag 

vessels in that business, a waiver will 

not be granted. Comments should refer 

to the docket number of this notice and 

the vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR Part 388. 

DATES: Submit comments on or before 

May 9, 2007. 

ADDRESSES: Comments should refer to 

docket number MARAD–2007–27795. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. DOT Dockets, Room PL–401, 

Department of Transportation, 400 7th 

St., SW., Washington, DC 20590–0001. 

You may also send comments 

electronically via the Internet at http:// 

dmses.dot.gov/submit/. All comments 

will become part of this docket and will 

be available for inspection and copying 

at the above address between 10 a.m. 

and 5 p.m., E.T., Monday through 

Friday, except federal holidays. An 

electronic version of this document and 

all documents entered into this docket 

is available on the World Wide Web at 

http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, MAR–830 Room 7201, 

400 Seventh Street, SW., Washington, 

DC 20590. Telephone 202–366–5979. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel PROSIT is: 

Intended Use: ‘‘sailing school, 

charter’’. 

Geographic Region: Washington and 

Alaska (excluding Southeast Alaska). 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov. 

Dated: April 3, 2007. 

By order of the Maritime Administrator. 

Daron T. Threet, 

Secretary, Maritime Administration. 

[FR Doc. E7–6548 Filed 4–6–07; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2007–27802] 

Reports, Forms, and Recordkeeping 

Requirements 

AGENCY: National Highway Traffic 

Safety Administration, Department of 

Transportation (NHTSA). 

ACTION: Request for public comment on 

proposed collection of information. 

SUMMARY: Before a Federal agency can 

collect certain information from the 

public, it must receive approval from 

the Office of Management and Budget 

(OMB). Under procedures established 

by the Paperwork Reduction Act of 

1995, before seeking OMB approval, 

Federal agencies must solicit public 

comment on proposed collections of 

information, including extensions and 

reinstatement of previously approved 

collections. 

This document proposes to 

consolidate four existing collections of 

information into two collections, and 

seeks comments accordingly. The first 

information collection proposes 

consolidatation of OMB control 

numbers 2127–0511, ‘‘49 CFR 571.213, 

Child Restraint Systems,’’ and 2127–

0576, ‘‘Child Safety Seat Registration,’’

into a new one. Thus, all child restraint 

labeling and registration requirements 

would be included in one information 

collection entitled ‘‘Consolidated Child 

Restraint System Registration, Labeling 

and Defect Notifications’’ (OMB Control 

Number: 2127–0576). 

The second information collection 

proposes to merge the existing OMB 

control number 2127–0038, ‘‘49 CFR 

571.205, Glazing Materials,’’ into 2127–

0512, ‘‘Consolidated Labeling 

Requirements for Motor Vehicles 

(except the VIN).’’

DATES: You should submit your 

comments early enough to ensure that 

Docket Management receives them no 

later than June 8, 2007. 

ADDRESSES: You may submit comments 

[identified by DOT DMS Docket Number 

NHTSA–2007–27802] by any of the 

following methods: 

• Web site:http://dms.dot.gov. Follow 

the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0003. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number for this collection. It is 

requested, but not required, that two 

copies of the comments be provided. 

Note that all comments received will be 

posted without change to http:// 

dms.dot.gov, including any personal 

information provided. Please see the 

Privacy Act heading under Regulatory 

Notices. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 


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1http://www.nhtsa.dot.gov/staticfiles/DOT/ 

NHTSA/Vehicle%20Safety/Articles/ 

Associated%20Files/csregfrm.pdf. 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Complete copies of each request for 

collection of information may be 

obtained at no charge from Mr. Maurice 

Hicks, NHTSA, 400 Seventh Street, SW., 

Room 5320, NVS–113, Washington, DC 

20590. 

Mr. Hicks’ telephone number is (202) 

366–6345. Please identify the relevant 

collection of information by referring to 

its OMB Control Number. 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995, 

before an agency submits a proposed 

collection of information to OMB for 

approval, it must first publish a 

document in the Federal Register 

providing a 60-day comment period and 

otherwise consult with members of the 

public and affected agencies concerning 

each proposed collection of information. 

The OMB has promulgated regulations 

describing what must be included in 

such a document. Under OMB’s 

regulation (at 5 CFR 1320.8(d)), an 

agency must ask for public comment on 

the following: 

(i) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(ii) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used; 

(iii) How to enhance the quality, 

utility, and clarity of the information to 

be collected; 

(iv) How to minimize the burden of 

the collection of information on those 

who are to respond, including the use 

of appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g. permitting 

electronic submission of responses. 

In compliance with these 

requirements, NHTSA asks for public 

comments on the following proposed 

collections of information: 

(1.) Title: Consolidated Child 

Restraint System Registration, Labeling 

and Defect Notifications.’’

OMB Control Number: 2127–0576. 

Requested Expiration Date of 

Approval: Three years from the 

approval date. 

Type of Request: Consolidation of 

OMB control numbers 2127–0511, ‘‘49 

CFR 571.213, Child Restraint Systems,’’

and 2127–0576, ‘‘Child Safety Seat 

Registration.’’

Affected Public: Business, Individuals 

and Households. 

Summary of the Collection of 

Information: This action consolidates 

two existing collections of information. 

In the previous collections of 

information: (1) A collection was 

established to require manufacturers to 

provide owner registration cards and to 

label each child restraint system (CRS) 

with a message informing users of the 

importance of registering the device 

with the manufacturer, and (2) another 

collection was issued to allow NHTSA 

to implement a registration program to 

send CRS owners a substitute 

registration form if owners had lost the 

registration card. Furthermore, in the 

second collection, it was also required 

that if either NHTSA or a manufacturer 

determines that a CRS contains a defect 

that relates to motor vehicle safety or 

fails to comply with an applicable 

Federal Motor Vehicle Safety Standard, 

pursuant to Chapter 301 of title 49 of the 

United States, the manufacturer must 

notify owners and purchasers of the 

defect or noncompliance and must 

provide a remedy without charge. The 

proposed revised collection will 

consolidate these provisions. 

Child restraint manufacturers are 

required to provide an owner’s 

registration card for purchasers of child 

safety seats in accordance with title 49 

of the Code of Federal Regulation (CFR), 

part 571–section 213, ‘‘Child Restraint 

Systems.’’ The registration card is 

perforated into two-parts (see Figures 1 

and 2). The top part contains a message 

and suitable instructions to be retained 

by the purchaser. The bottom part is to 

be returned to the manufacturer by the 

purchaser. The bottom part includes 

prepaid return postage, the pre-printed 

name/address of the manufacturer, the 

pre-printed model and date of 

manufacture, and spaces for the 

purchaser to fill in his/her name and 

address. Optionally, child restraint 

manufacturers are permitted to add to 

the registration form: (a) Specified 

statements informing CRS owners that 

they may register online; (b) the Internet 

address for registering with the 

company; (c) revisions to statements 

reflecting use of the Internet to register; 

and (d) a space for the consumer’s email address. For those CRS owners 

with access to the Internet, online 

registration may be a preferred method 

of registering a CRS. 

In addition to the registration card 

supplied by the manufacturer, NHTSA 

has implemented a CRS registration 

system to assist those individuals who 

have either lost the registration card that 

came with the CRS or purchased a 

previously owned CRS. Upon the 

owner’s request, NHTSA provides a 

substitute registration form that can be 

obtained either by mail or from the 

Internet 1 (see Figure 3). When the 

completed registration is returned to the 

agency, it is then submitted to the CRS 

manufacturers. In the absence of a 

substitute registration system, many 

owners of child passenger safety seats, 

especially any second-hand owners, 

might not be notified of safety defects 

and noncompliances, and would not 

have the defects and noncompliances 

remedied. 

Child seat owner registration 

information is retained in the event that 

owners need to be contacted for defect 

recalls or replacement campaigns. 

Chapter 301 of title 49 of the United 

States Code specifies that if either 

NHTSA or a manufacturer determines 

that motor vehicles or items of motor 

vehicle equipment contain a defect that 

relates to motor vehicle safety or fail to 

comply with an applicable Federal 

Motor Vehicle Safety Standard, the 

manufacturer must notify owners and 

purchasers of the defect or 

noncompliance and must provide a 

remedy without charge. In title 49 of the 

CFR, part 577, defect and 

noncompliance notification for 

equipment items, including child 

restraint systems, must be sent by first 

class mail to the most recent purchaser 

known to the manufacturer. 

Child restraint manufacturers are also 

required to provide a printed 

instructions brochure with step-by-step 

information on how the restraint is to be 

used. Without proper use, the 

effectiveness of these systems is greatly 

diminished. Each child restraint system 

must also have a permanent label. A 

permanently attached label gives 

‘‘quicklook’’ information on whether the 

restraint meets the safety requirements, 

recommended installation and use, and 

warnings against misuse. 

Estimated Annual Burden: 265,500 

hours. 

Number of Respondents: 15. 

The total burden hours for this 

collection consist of: (1) The 

administrative hours spent to produce 

registration cards and labels, (2) the 

hours spent collecting registration 

information, and (3) the hours spent by 

CRS manufacturers to create and keep 

records. 

Currently, approximately 15 CRS 

manufacturers produce,[ras1] on 

average, a total of approximately 

4,500,000 child restraints each year. 

[ras2] NHTSA has determined that 


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approximately 1,575,000 owners or 

purchasers register (i.e., either by 

registration card, NHTSA registration 

form or by the Internet) their child seats 

with the CRS manufacturers each year 

(an estimated 35 percent return rate x 

4,500,000 restraints). 

For each child restraint system, a CRS 

manufactures must spend 0.025 hours to 

cut/print, label and to attach a 

registration card. A manufacturer must 

also spend 0.04 hours to collect the 

information for each returned 

registration and then spend a total of 

0.02 hours to create and keep a record 

on each child restraint system. Given 

these estimates, the estimated total 

annual burden hours for this collection 

of information are 265,500 hours. This 

number reflects the combination of 

112,500 hours to produce materials 

(0.025 hours per seat × 4,500,000 child 

restraints), 63,000 hours to collect 

registrations (0.04 hours per seat × 

1,575,000 registrations) and 90,000 

hours to create and keep records (0.02 

hours per seat × 4,500,000 child 

restraints) each year. 

(2) Title: Consolidated Labeling 

Requirements for Motor Vehicles 

(Except the VIN). 

OMB Control Number: 2127–0512. 

Requested Expiration Date of 

Approval: Three years from the 

approval date. 

Type of Request: Consolidation of 

OMB control numbers 2127–0038, ‘‘49 

CFR 571.205, Glazing Materials,’’ and 

2127–0512, ‘‘Consolidated Labeling 

Requirements for Motor Vehicles 

(except the VIN).’’

Affected Public: Business. 

Summary of the Collection of 

Information: Because of the similarities 

in the collections of information, 

NHTSA seeks to combine the provisions 

of the existing collection for glazing 

materials labeling into a collection for 

labeling information for five other 

Federal motor vehicle safety standards. 

49 U.S.C. 30111 authorizes the 

issuance of Federal motor vehicle safety 

standards (FMVSS) and regulations. The 

agency, in prescribing a FMVSS or 

regulation, considers available relevant 

motor vehicle safety data, and consults 

with other agencies, as it deems 

appropriate. Further, the statute 

mandates that in issuing any FMVSS or 

regulation, the agency considers 

whether the standard or regulation is 

’’reasonable, practicable and appropriate 

for the particular type of motor vehicle 

or item of motor vehicle equipment for 

which it is prescribed,’’ and whether 

such a standard will contribute to 

carrying out the purpose of the Act. The 

Secretary is authorized to invoke such 

rules and regulations as deemed 

necessary to carry out these 

requirements. Using this authority, the 

agency issued the following FMVSS and 

regulations, specifying labeling 

requirements to aid the agency in 

achieving many of its safety goals: 

FMVSS No. 105, ‘‘Hydraulic and 

electric brake systems,’’

FMVSS No. 135, ‘‘Passenger car brake 

systems,’’

FMVSS No. 205, ‘‘Glazing materials,’’

FMVSS No. 209, ‘‘Seat belt assemblies,’’

Part 567, ‘‘Certification.’’

This notice requests comments on the 

labeling requirements of these FMVSS 

and regulations. 

Description of the need for the 

information and proposed use of the 

information: In order to ensure that 

manufacturers are complying with the 

FMVSS and regulations, NHTSA 

requires a number of specific labeling 

requirements in FMVSS Nos. 105, 135, 

205, 209 and part 567. FMVSS No. 105, 

’’Hydraulic and electric brake systems’’

and FMVSS No. 135, ’’Passenger car 

brake systems,’’ require that each 

vehicle shall have a brake fluid warning 

statement in letters at least one-eighth of 

a inch high on the master cylinder 

reservoirs and located so as to be visible 

by direct view. 

Federal Motor Vehicle Safety 

Standard No. 205, ’’Glazing materials,’’

provides labeling requirements for 

glazing and motor vehicle 

manufacturers. In accordance with the 

standard, NHTSA requires each new 

motor vehicle glazing manufacturer to 

request and be assigned a unique mark 

or number. This number is then used by 

the manufacturer as their unique 

company identification on their selfcertification label on each piece of 

motor vehicle glazing. As part of that 

certification label, the company must 

identify itself with the simple two or 

three digit number assigned by the 

agency. FMVSS No. 205 requires that 

manufacturers mark their automotive 

glazing with certain label information 

including: 

Manufacturer’s distinctive trademark; 

Manufacturer’s ’’DOT’’ code number; 

Model of glazing (there are currently 21 

items of glazing ranging from plastic 

windows to bullet resistant 

windshields). 

In addition to these requirements, 

which apply to all glazings, certain 

specialty items such as standee 

windows in buses, roof openings, and 

interior partitions made of plastic 

require that the manufacturer affix a 

removable label to each item. The label 

specifies cleaning instructions to 

minimize the loss of transparency. 

Other information may be provided by 

the manufacturer but is not required. 

FMVSS No. 209, ’’Seat belt 

assemblies,’’ requires safety belts to be 

labeled with the year of manufacture, 

the model, and the name or trademark 

of the manufacturer (S4.1(j)). 

Additionally, replacement safety belts 

that are for use only in specifically 

stated motor vehicles must have labels 

or accompanying instruction sheets to 

specify the applicable vehicle models 

and seating positions (S4.1(k)). All other 

replacement belts are required to be 

accompanied by an installation 

instruction sheet (S4.1(k)). Seat belt 

assemblies installed as original 

equipment in new motor vehicles need 

not be labeled with position/model 

information. 

Part 567, ‘‘Certification,’’ responds to 

49 U.S.C. 30111 that requires each 

manufacturer or distributor of motor 

vehicles to furnish to the dealer or 

distributor of the vehicle a certification 

that the vehicle meets all applicable 

FMVSS. This certification is required by 

that provision to be in the form of a 

label permanently affixed to the vehicle. 

Under 49 U.S.C. 32504, vehicle 

manufacturers are directed to make a 

similar certification with regard to 

bumper standards. To implement this 

requirement, NHTSA issued 49 CFR 

part 567. The agency’s regulations 

establish form and content requirements 

for the certification labels. 

Description of the Likely Respondents 

(Including Estimated Number and 

Proposed Frequency of Response to the 

Collection of Information): NHTSA 

anticipates that approximately 21 new 

prime glazing manufacturers per year 

will contact the agency and request a 

manufacturer identification number. 

These new glazing manufacturers must 

submit one letter, one time, identifying 

their company. In turn, the agency 

responds by assigning them a unique 

manufacturer number. For other 

collections in this notice, no response is 

necessary from manufacturers. These 

labels are only required to be placed on 

each master cylinder reservoir, each 

safety belt and every motor vehicle 

intended for retail sale in the United 

States. Therefore, the number of 

respondents is not applicable. 

Estimate of the Total Annual 

Reporting and Recordkeeping Burden 

Resulting from the Collection of 

Information: Based upon previous 

notice and comments for those 

information collections, NHTSA 

estimates that all manufacturers will 

need a total of 73,071 hours to comply 

with these requirements, at a total 

annual cost of $1,096,065. 


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Comments are invited on: Whether 

the proposed collections of information 

are necessary for the proper 

performance of the functions of the 

Department, including whether the 

information will have practical utility; 

the accuracy of the Department’s 

estimate of the burden of the proposed 

information collection; ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and ways to 

minimize the burden of the collection of 

information on respondents, including 

the use of automated collection 

techniques or other forms of information 

technology. 

Authority: 44 U.S.C. 3506(c); delegation of 

authority at 49 CFR 1.50. 

Issued in Washington, DC, on April 2, 

2007. 

Roger A. Saul, 

Director, Crashworthiness Standards. 

BILLING CODE 4910–59–P 


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[FR Doc. E7–6523 Filed 4–6–07; 8:45 am] 

BILLING CODE 4910–59–C 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Denial of Motor Vehicle Defect Petition 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Denial of petition for a defect 

investigation. 

SUMMARY: This notice sets forth the 

reasons for the denial of a petition 

(DP06–004) submitted by Mr. Eric 

Moening. In his petition, dated August 

23, 2006, the petitioner requests the 

agency to remedy a failure of his model 

year (MY) 1999 Ford Contour to 

‘‘comply with Federal Motor Vehicle 

Safety Standard 208 Occupant Crash 

Protection.’’ He describes the failure on 

his vehicle as instrument panel 

warping, and he believes that the 

warping may adversely affect 

performance of the air bag system or 

create loose instrument panel 

components (such as the defrost bezel) 

that could ‘‘become projectiles during 

air bag deployments.’’ After a review of 

the petition and other information, 

including the results of NHTSA’s own 

testing, NHTSA has concluded that 

further expenditure of the agency’s 

resources on the issue raised by the 

petition is not warranted. The agency 

accordingly denies the petition. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cynthia Glass, Vehicle Integrity 

Division, Office of Defects Investigation, 

NHTSA, 400 Seventh Street, SW., 

Washington, DC 20590. Telephone: 

(202) 366–2920. 

SUPPLEMENTARY INFORMATION: On August 

23, 2006, NHTSA’s Office of Defects 

Investigation (ODI) received a petition 

submitted by Mr. Eric Moening 

(hereinafter identified as the petitioner), 

requesting that NHTSA ‘‘remedy a 

failure’’ of the instrument panel of his 

MY 1999 Ford Contour so that it 

complies with Federal Motor Vehicle 

Safety Standard (FMVSS) No. 208. The 

petitioner alleges that his instrument 

panel has warped and the defrost bezel 

rattles. He contends that ‘‘improperly 

retained instrument panel components 

can be detrimental to the desired 

performance of front air bag 

deployments as well as become 

projectiles during air bag deployments.’’

Federal law prohibits manufacturers 

from selling motor vehicles and 

equipment that do not comply with all 

applicable Federal Motor Vehicle Safety 

Standards (FMVSS). 49 U.S.C. 

30112(a)(1). However, this prohibition 

does not apply after the first purchase 

of the vehicle or equipment. 49 U.S.C. 

30112(b)(1). The petitioner alleges that 

the problem with his vehicle first began 

to develop at least three years after its 

first purchase. Accordingly, the alleged 

facts provide no basis for a compliance 

investigation. NHTSA has no authority 

to intervene in disputes between an 

individual and a manufacturer with 

regard to repairs unrelated to safety 

recalls. However, because the petitioner 

has characterized his letter as a 

‘‘petition’’, we are construing his letter 

as a request for a defect investigation 

into warping of the leading edge of the 

dashboard in MY 1999–2000 Ford 

Contour and Mercury Mystique vehicles 

under 49 U.S.C. 30162. 

Under 49 U.S.C. 30166, NHTSA has 

the authority to conduct an 

investigation to consider whether a 

motor vehicle or motor vehicle 

equipment contains a safety-related 

defect. In addition, any interested 

person may file a petition under 49 

U.S.C. 30162 requesting that NHTSA 

begin a proceeding to decide whether to 

issue an order under § 30118. NHTSA is 

authorized under 49 U.S.C. 30118(b) to 

make a determination that a motor 

vehicle or motor vehicle equipment 

contains a defect related to motor 

vehicle safety. If NHTSA makes such a 

determination, NHTSA issues an order 

directing the manufacturer of the 

vehicle or equipment to notify the 

owners, purchasers and dealers of the 

defect and to remedy the defect under 

§ 30120. 

As a practical matter, NHTSA’s grant 

of a petition under § 30162 begins an 

investigation that may or may not result 

in a recall. In determining whether to 

grant or deny a petition under § 30162, 

NHTSA conducts a technical review of 

the petition. 49 CFR 552.6. This review 

may consist of an analysis of the 

material submitted, together with the 

information already in possession of the 

agency or acquired in the course of the 

review. NHTSA has discretion to decide 

which matters are worthy of 

investigation and a possible recall order. 

In addition to the technical merits of the 

petition, NHTSA may consider 

additional factors, such as the allocation 

of agency resources, agency priorities, 

and the likelihood of success of 

litigation that might arise from the order 

sought by the petitioner. 49 CFR 552.8. 

As noted above, if NHTSA grants the 

petition, an investigation is commenced 

to determine the existence of the defect. 

49 CFR 552.9. 

In August 2001, the petitioner 

received a letter from Ford Motor 

Company describing Ford’s Customer 

Satisfaction Program Number 01B78 

(01B78). Ford initiated this program in 

August 2001, and it was in effect 

through August 31, 2002. Ford offered 

free repair of any 1999 and 2000 Ford 

Contour and Mercury Mystique vehicle 

experiencing panel warping at the front 

edge of the instrument panel cover near 

the windshield. Initially, Ford offered 

customers a dealer inspection of the 

instrument panel and a free repair as 

required. Ford instructed dealers to 

repair all vehicles with a panel repair 

kit unless the warping was greater than 

2 inches at the defroster grill opening. 

For vehicles with greater than 2 inches 

warping, Ford instructed dealers to 

replace the instrument panel. 

Ford issued to Ford and Lincoln 

Mercury dealers two supplements to the 

original 01B78 program that superseded 

each preceding program. In December 

2001, Ford issued Supplement #1 

(01B78S1), which provided a revision of 

the original repair procedure to 

‘‘address some dealer-identified issues.’’

01B78S1 did not affect Ford’s policy of 

replacing the instrument panel only 

when the panel warping is greater than 

2 inches and repairing other vehicles 

with a panel repair kit. In May 2002, 

Ford issued Supplement #2 (01B78S2), 

which provided a revised repair 

procedure that ‘‘requires the use of a 

new repair kit that includes a new 

defroster grille cover that is placed on 

top of the defroster grille.’’ 01B78S2 also 

provided that ‘‘[i]nstrument panel 

replacement is no longer covered under 

this program.’’ And, 01B78S2 states 

that, ‘‘All vehicles that have not had 

01B78 or 01B78S1 completed, 

regardless of whether the warpage is 

visible or not, should be serviced as 

soon as possible before expiration of 

this program.’’ Neither 01B78S1 nor 

01B78S2 changed the program’s August 

31, 2002, expiration date. 

In February 2003, after Customer 

Satisfaction Program Number 01B78 

expired, Ford issued technical service 

bulletin ‘‘TSB 03–4–6, Trim—

Instrument Panel Warpage Repair.’’ This 

TSB described Ford’s most current 

repair procedure for a warped 

instrument panel, which was identical 

to the procedure provided in 01B78S2. 

The TSB did not extend the expiration 

date of the offer for free repair that had 

now expired. 

The petitioner indicates that when he 

took his car into his Lincoln-Mercury 

dealership in 2001 in response to 

01B78, the dealership advised him that 

his vehicle ‘‘was not in need of repair.’’

He reports that, by late 2002, his vehicle 


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