Denial of Motor Vehicle Defect Petition, DP26-004

Issuing agencies

Abstract

This notice sets forth the reasons for the denial of a defect petition, DP26-004, submitted by Mr. Richard De Leon (the Petitioner) to NHTSA (the Agency) by letter received December 22, 2025. The petition requests that the Agency initiate a safety defect investigation into the hydraulic control unit (HCU) for the Anti-lock Braking System (ABS) on the Model Year (MY) 2010 Ford Fusion Hybrid. The petition alleges that an illuminated ABS malfunction indicator lamp (MIL) is associated with a failure of the ABS HCU, resulting in ABS malfunction, loss of traction and electronic stability control functions, and reduced braking performance on slippery road surfaces. After conducting a technical review of the petition and other information, the Agency concluded that the issues raised by the petition do not warrant a new defect investigation. Accordingly, the Agency denied the petition.

Full Text

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<title>Federal Register, Volume 91 Issue 207 (Wednesday, October 28, 2026)</title>
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[Federal Register Volume 91, Number 207 (Wednesday, October 28, 2026)]
[Notices]
[Pages 67898-67899]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21957]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2026-2344]


Denial of Motor Vehicle Defect Petition, DP26-004

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Notice of denial of a petition for a defect investigation.

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SUMMARY: This notice sets forth the reasons for the denial of a defect 
petition, DP26-004, submitted by Mr. Richard De Leon (the Petitioner) 
to NHTSA (the Agency) by letter received December 22, 2025. The 
petition requests that the Agency initiate a safety defect 
investigation into the hydraulic control unit (HCU) for the Anti-lock 
Braking System (ABS) on the Model Year (MY) 2010 Ford Fusion Hybrid. 
The petition alleges that an illuminated ABS malfunction indicator lamp 
(MIL) is associated with a failure of the ABS HCU, resulting in ABS 
malfunction, loss of traction and electronic stability control 
functions, and reduced braking performance on slippery road surfaces.
    After conducting a technical review of the petition and other 
information, the Agency concluded that the issues raised by the 
petition do not warrant a new defect investigation. Accordingly, the 
Agency denied the petition.

[[Page 67899]]


FOR FURTHER INFORMATION CONTACT: David Engel, Vehicle Defect Division 
C, Office of Defects Investigation, NHTSA, 1200 New Jersey Avenue SE, 
Washington, DC 20590. Telephone: 202-650-3796. Email: 
<a href="/cdn-cgi/l/email-protection#92f6f3e4fbf6bcf7fcf5f7fed2f6fde6bcf5fde4"><span class="__cf_email__" data-cfemail="a7c3c6d1cec389c2c9c0c2cbe7c3c8d389c0c8d1">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Introduction

    Interested persons may petition NHTSA requesting that the Agency 
initiate an investigation to determine whether a motor vehicle or an 
item of replacement equipment does not comply with an applicable motor 
vehicle safety standard or contains a defect that relates to motor 
vehicle safety. 49 U.S.C. 30162(a)(2); 49 CFR 552.1. Upon receipt of a 
properly filed petition, the Agency conducts a technical review of the 
petition, material submitted with the petition, and any additional 
information. 49 U.S.C. 30162(a)(2); 49 CFR 552.6. The technical review 
may consist solely of a review of information already in the possession 
of the Agency, or it may include the collection of information from a 
motor vehicle manufacturer and other sources. After conducting the 
technical review and considering appropriate factors, which may 
include, but are not limited to, the nature of the complaint, 
allocation of Agency resources, Agency priorities, the likelihood of 
uncovering sufficient evidence to establish the existence of a defect 
and the likelihood of success in any necessary enforcement litigation, 
the Agency will grant or deny the petition. See 49 U.S.C. 30162(a)(2); 
49 CFR 552.8.

Background Information

    The Office of Defects Investigation (ODI) received a petition on 
December 22, 2025, requesting a defect investigation into the hydraulic 
control unit (HCU) for the Anti-lock Braking System (ABS) on the MY 
2010 Ford Fusion Hybrid.

Summary of Petition

    The petition alleges that an illuminated ABS MIL is associated with 
a failure of the ABS HCU, resulting in ABS malfunction, loss of 
traction and electronic stability control functions, and reduced 
braking performance, particularly on slippery road surfaces.

Office of Defects Investigation Analysis

    ODI conducted an analysis of complaints submitted to ODI for the 
subject vehicle population along with data submitted by Ford. The 
Petitioner alleged that the condition in the subject vehicles was 
comparable to the defect addressed by NHTSA recall No. 19V904, which 
covered certain MY 2006-2010 Ford Fusion, Mercury Milan, and Lincoln 
MKZ vehicles. The population of this recall consisted of the non-hybrid 
variants of these models. The recall addressed a defect where the ABS 
valves in the HCU could remain stuck open due to a chemical reaction 
with aged DOT 3 brake fluid, potentially causing extended brake pedal 
travel and increasing the risk of a crash.\1\ No visual or audible 
warning was presented to the driver in this scenario.
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    \1\ DOT 3 brake fluid is a conventional, glycol-ether-based 
hydraulic fluid used to transfer force from the brake pedal to a 
vehicle's brakes.
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    The MY 2010 Ford Fusion Hybrid is equipped with a different brake 
apply system in which the traditional hydraulic (friction) brakes are 
blended with the hybrid regenerative brake system. In this system, the 
brake master cylinder is electrically activated and provides force 
feedback through the brake pedal to the driver. Unlike the recalled 
models, Petitioner's 2010 Ford Fusion Hybrid would not experience the 
same defect, as a stuck-open normally closed valve within its ABS HCU 
does not result in increased brake pedal travel. This condition is 
further supported by the relative complaint rates in the two 
populations: ODI found the complaint rate of the recalled MY 2010 
Fusion vehicles was six times higher than that of the subject MY 2010 
Fusion Hybrid vehicles, which supports a significant difference in the 
design and performance of the brake system and components.
    As the Petitioner stated, most of the subject hybrid vehicle VOQs 
cited an illuminated ABS MIL. The vehicles in 19V904 did not present 
the driver with an illuminated MIL or associated diagnostic trouble 
code (DTC). Since the MY 2010 Ford Fusion Hybrid presented with a brake 
MIL, the failure mode differs from that of the non-hybrid population, 
which did not trigger an illuminated warning light. Additionally, given 
the age of the subject vehicles (MY 2010), the low complaint volume is 
consistent with expected wear and tear rather than an actionable safety 
defect trend.
    Due to the age of the vehicles and the lack of an actionable safety 
defect trend--stemming from differences in the ABS HCU between non-
hybrid MY 2010 Ford Fusions and Petitioner's hybrid MY 2010 Ford 
Fusion--ODI is denying this Defect Petition as it has not found an 
unreasonable risk to highway safety. The Agency reserves the right to 
take additional action if warranted by future circumstances. To review 
the reports cited in the Closing Resume ODI Report Identification 
Number document, go to <a href="http://NHTSA.gov">NHTSA.gov</a>.
    Authority: 49U.S.C. 30162(d) and 49 CFR Part 552; delegation of 
authority at 49 CFR 1.95(a).\2\
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    \2\ The authority to determine whether to approve or deny defect 
petitions under 49 U.S.C. & 30162(d) and 49 CFR part 552 has been 
further delegated to the Associate Administrator for Enforcement.

Eileen Sullivan,
Associate Administrator for Enforcement.
[FR Doc. 2026-21957 Filed 10-27-26; 8:45 am]
BILLING CODE 4910-59-P


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