[Federal Register Volume 60, Number 27 (Thursday, February 9, 1995)]
[Notices]
[Pages 7812-7813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3174]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Denial of Petition
This notice sets forth the reasons for the denial of a petition
submitted to the National Highway Traffic Safety Administration (NHTSA)
under 49 U.S.C. Sec. 30162 (formerly section 124 of the National
Traffic and Motor Vehicle Safety Act of 1966, as amended).
By letter dated July 8, 1994, Mr. Kurt B. Chadwell petitioned NHTSA
to reopen its closed defect investigation (Engineering Analysis, EA92-
030) of power steering fluid leakage and resulting engine compartment
fires in 1988 through 1990 Ford Taurus, Mercury Sable, and Lincoln
Continental vehicles equipped with 3.8 liter engines. The petition also
asked the NHTSA take all actions necessary to compel the Ford Motor
Company (Ford) to initiate a safety recall of the 429,000 subject
vehicles to remedy the alleged defect. By letter dated September 14,
1994, Mr. Chadwell provided additional information. By letter dated
November 9, 1994, Mr. Chadwell requested that the investigation be
expanded to include Taurus and Sable vehicles equipped with 2.5 liter
and 3.0 liter engines.
The following are principal elements of the subject petition:
The petitioner takes issue with NHTSA's decision to close
the original investigation in October 1993.
The petitioner states that Ford has followed an
organizational practice of under-reporting to NHTSA the numbers of
known failure incidents in this as well as in other investigations.
The petitioner provides a document maintained by the U.S.
Fire Administration in its National Fire Incident Reporting System
(NFIRS), which lists engine compartment fires in Taurus, Sable, and
Lincoln Continental vehicles equipped with 2.5 liter, 3.0 liter, and
3.8 liter engines. These data are presented as the basis for the
petitioner's request that the investigation be expanded to include
those vehicles with 2.5 liter and 3.0 liter engines.
In support of his claims, the petitioner discusses information
taken from NHTSA's public record concerning EA92-030, other defect
investigations, and other issues regarding compliance with Federal
motor vehicle safety standards. In addition, he cites his personal
experience as a former employee of Ford.
Regarding the specific petition elements as outlined above, the
first represents a basic disagreement with NHTSA's conclusion in
closing EA92- [[Page 7813]] 030. The EA closing report clearly states
that ``the evidence does not support a conclusion that a safety defect
exists'' and that ``it does not appear that further investigation would
result in an enforceable defect finding.'' NHTSA finds no information
in the subject petition that demonstrates that these conclusions should
be withdrawn or modified.
Petitioner's September 14, 1994, submission entitled ``Supplemental
Information Relevant to Safety Recall Petition'' questions the accuracy
of the number of incidents (230) reported by Ford to NHTSA during the
pendency of EA92-030, in part on the basis of numbers of power steering
system parts sales reported in the EA Closing Report, and in part on
the basis of alleged under-reporting by Ford with respect to another
ODI investigation (EA93-033). These allegations appear to be
speculative, and seem to be based solely on petitioner's opinions,
inferences, beliefs, and grossly unscientific extrapolations of data
that, in and of themselves, are questionable. In the absence of factual
and reliable information, NHTSA views these allegations of under-
reporting by Ford to be without substance.
The data from the NFIRS listing does not provide compelling
evidence that NHTSA should expand its investigation of this matter.
While the incidents listed are identified as engine compartment fires,
there is no evidence that the leakage and ignition of power steering
fluid was in any way the cause of these incidents. On the contrary,
NHTSA finds no apparent source of ignition of any such fluid that may
leak in those vehicles equipped with 2.5 liter or 3.0 liter engines.
Analyses of the NFIRS data discloses that the 3.0 liter models of the
subject vehicles have experienced a relatively low engine compartment
fire incidence, for all causes. In the case of the relatively small
population of vehicles equipped with 2.5 liter engines, the incidence
of engine compartment fires does appear to be high. The absence of an
apparent source of ignition for power steering fluid that may leak,
however, indicates that other failures or malfunctions are more likely
to be the cause of the fires. On this basis, even if NHTSA were to
consider this matter as a potential issue for investigation, it would
be a separate investigation unrelated to the prior investigation of
power steering fluid-fed fires in vehicles with 3.8 liter engines.
The petition fails to present any substantive, significant, or new
information of NHTSA's consideration regarding the request to reopen
EA92-030. Similarly, no new evidence has been discovered through any
other source to justify reopening that investigation.
NHTSA recognizes that engine compartment fires create a serious
safety problem. Manufacturers have consistently conducted safety
recalls to remedy problems that lead to such fires, often in cases with
a lower fire rate than that experienced by these Ford vehicles.
Unfortunately, the available data indicates that the vast majority of
these fires occurred after maintenance or repair work had been
performed by Ford dealers or other maintenance facilities. NHTSA cannot
compel dealers to conduct a safety recall and, under these
circumstances, cannot compel Ford to remedy problems created by its
dealers. Nevertheless, NHTSA has urged Ford on several occasions to
take action to reduce the likelihood of engine compartment fires in
these vehicles by notifying owners of the problem and bearing the
expenses of repairs to correct the condition that can lead to such
fires. To date, Ford has refused to do so.
In consideration of the available information, NHTSA has concluded
that there is not a reasonable possibility that an order concerning
recall and remedy of a safety-related defect in relation to the
petitioner's allegations would be issued at the conclusion of an
investigation. Further commitment of resources to reopen this
investigation does not appear to be warranted. Therefore, the petition
is denied.
Authority: 49 U.S.C. 30162; delegations of authority at 49 CFR
1.50 and 501.8.
Issued on: February 1, 1995.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 95-3174 Filed 2-8-95; 8:45 am]
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