[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23870]


[[Page Unknown]]

[Federal Register: September 27, 1994]


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DEPARTMENT OF TRANSPORTATION
 

Denial of Motor Vehicle Petition

    This notice sets forth the reasons for denial of a petition 
submitted to the National Highway Traffic Safety Administration (NHTSA) 
under Section 30162 of Chapter 301, Title 49, United States Code 
(formerly Section 124 of the National Traffic and Motor Vehicle Safety 
Act of 1966 (the Act)).
    Mr. Lawrence J. Hutchens, an attorney representing Ms. Gloria Ody-
Costello, petitioned the Administrator of NHTSA with respect to the 
automatic transmission dipstick and dipstick tube on all 1994 Mercury 
Cougar model vehicles. The petitioner maintains that when the subject 
vehicle is brought to a sudden stop, transmission fluid spills out of 
the dipstick tube and ignites on the catalytic converter located below 
the tube. The petitioner requests that NHTSA order the recall of all 
1994 Mercury Cougars for the installation of a clamp to be installed on 
the subject dipstick to retain the dipstick in the dipstick tube in a 
more positive manner and ``look into'' relocating or increasing the 
length of the dipstick tube.
    Mr. Hutchens' petition specifically calls for the recall of all 
1994 Mercury Cougars vehicles. According to the Vehicle Identification 
Number (VIN) provided by Mr. Hutchens, Ms. Ody-Costello owns a 1993 
Mercury Cougar, which is equipped with an automatic transmission and 
5.0 liter V-8 engine. Mr. Hutchens states in his letter that Ms. Ody-
Costello took her vehicle into a Ford dealer for unspecified 
transmission repairs. When the vehicle was returned to Ms. Ody-
Castello, the transmission dipstick was allegedly not pushed completely 
into the top of the dipstick tube, which left the top of the dipstick 
tube partially open. Also, according to Mr. Hutchens, this condition 
allowed automatic transmission fluid to spill onto the catalytic 
converter during sudden braking and ignite. There is no mention of any 
damage to the vehicle as a result of such ignition. As the vehicle 
owned by Ms. Ody-Costello is actually a 1993 model, this model was also 
included in the NHTSA analysis.
    Mr. Hutchens suggests three corrective actions in his letter:
    1. Install a clamp on the dipstick tube to hold the dipstick in a 
more positive manner.
    2. Relocate the dipstick tube, so that the opening of the tube is 
not above the catalytic converter.
    3. Increase the length of the tube, to raise the opening of the 
tube into a higher location in the engine compartment.
    The 1993 and 1994 Mercury Cougar are available with two engine 
options, either a 5.0 liter V-8 or a 3.8 liter V-6. Both the 1993 and 
1994 models are equipped with the same dipstick and have the same 
dipstick tube location, regardless of engine size. The dipstick tube 
runs upward from the transmission to a location near the rear corner of 
the right side engine valve cover, where the dipstick is inserted into 
the tube. The opening of the tube is located about 12 inches above the 
heat shield that surrounds one of the engine's catalytic converters.
    The upper end of the dipstick is fitted with a metal cap that fits 
over the top of the dipstick tube. This cap is about \1/2\ inch deep. 
Inside the cap and extending about \1/2\ inch from the opening of the 
cap is a rubber seal that closes the opening of the dipstick tube. This 
seal is basically a rubber plug that fits snugly into the opening. The 
plug portion is tapered for the first \1/4\ inch to facilitate its 
entry into the opening of the tube. According to Ford Motor Company 
(Ford), when the dipstick is inserted into the dipstick tube properly, 
so that the metal cap seats over the end of the tube, the rubber plug 
will provide a seal that will prevent any transmission fluid from 
spilling from the tube under all foreseeable driving conditions, 
including sudden or panic stops. Instructions in the Cougar owner's 
manual, contained in the glove compartment of all new vehicles, advise 
the owner to make sure the dipstick is fully seated when checking 
transmission fluid. The owner's manual also warns against overfilling 
of the transmission and instructs the owner to have any excess fluid 
removed from the transmission if the fluid ever exceeds the recommended 
level.
    A search of the Office of Defects Investigation's (ODI) consumer 
complaint file disclosed no other reports of fluid spilling from the 
automatic transmission dipstick tube in either 1993 or 1994 Mercury 
Cougars. As the automatic transmission dipstick in the 1993 and 1994 
Cougar is identical or very similar to the dipstick is most other Fords 
products, a search of ODI's consumer complaint file was also conducted 
involving all Ford vehicles from 1990 through 1994. Again, no 
complaints of transmission fluid spilling from the automatic 
transmission dipstick tubes were located. Ford was also contacted and 
reported that Ms. Ody-Costello's complaint was the only one it has 
received involving the subject transmission dipstick.
    Mr. John R. Jackson, represented by Mr. Hutchens as an expert 
witness, was retained by Mr. Hutchens to inspect the Ody-Costello 
vehicle. According to Mr. Jackson's report, a one-page letter, when he 
first inspected the Ody-Costello vehicle, the transmission was 
overfilled. In spite of this overfilled condition, when Mr. Jackson 
examined the underside of the vehicle and the area surrounding the 
transmission dipstick tube, he reported that there was no evidence that 
any oil had spilled or was spilling from the dipstick tube. With the 
transmission in the overfilled condition, the owner pulled the dipstick 
out, so that the opening of the dipstick tube was ``partially'' open. 
When the vehicle was brought to two sudden stops in this condition, 
transmission fluid reportedly spilled from the dipstick tube on both 
occasions and was ignited by the exhaust system. This test was repeated 
two more times, after the excess transmission fluid was removed (with 
the dipstick tube still partially open), with the same result.
    After the four previously described tests, a final test was 
conducted. According to Mr. Jackson's report, ``the dipstick was then 
properly installed and the test repeated.'' In the final test, there 
was no ignition, although Mr. Jackson did report that there were 
``several spots of fluid along that path traveled by the decelerating 
vehicle. Mr. Jackson did not explain in his report, whether these spots 
could have come from residual oil that had possibly leaked during the 
four previous tests, when the dipstick tube was intentionally left 
partially open, nor did he indicate that the vehicle was inspected for 
the presence of any residual oil or that the area around and under the 
dipstick tube was cleaned after any of the previous tests. There was 
also no indication in the report that these spots were verified 
actually to be transmission fluid from Ms. Ody-Costello's vehicle.
    Ms. Ody-Costello also demonstrated the problem for Mr. David 
Horowitz, the host of a syndicated television show, that deals with 
consumer issues. During the test conducted for Mr. Horowitz, the 
transmission dipstick also was not seated into the transmission 
dipstick tube. This condition resulted in a partial opening of the 
dipstick tube, although this fact was not mentioned by Mr. Horowitz in 
his broadcast (Mr. Hutchens submitted a video tape of the segment of 
Mr. Horowitz's show dealing with the Ody-Costello vehicle).
    In an effort to better understand petitioner's allegations and 
particularly to verify Mr. Jackson's testing, ODI conducted an informal 
test program involving four 1993/1994 Mercury Cougar vehicles.
    All four vehicles were randomly selected from the inventory of two 
large metropolitan dealership. Two were new vehicles with less than 50 
miles recorded on the odometer and two were used vehicles. The vehicles 
were first inspected both in the engine compartment and under the 
vehicle for any evidence of oil spillage from the transmission dipstick 
tube. None of the vehicles showed any signs of oil leakage or spillage 
and were clean and free from any oil residue in the area beneath and 
surrounding the transmission dipstick tube. All four vehicles were then 
driven for approximately 30 minutes to bring the transmission up to 
normal operating temperature. Each vehicle was then inspected and the 
transmission fluid levels checked according to the manufacturer's 
instructions from the vehicle owner's manual. The dipstick has a 
crosshatched area, not quite \3/4\ inches long, near its lower 
extremity. The manufacturer recommends that the fluid level fall within 
this area when the transmission fluid is at operating temperature. The 
fluid level in all four vehicles fell within \1/8\ inch of the 
uppermost limit of the crosshatched area of the dipstick. All were 
topped off as necessary to bring the fluid level to the top of the 
crosshatched area. It is also noted that there is a warning stamped 
into the dipstick immediately above the crosshatched area reading 
``DON'T ADD.''
    With the transmission dipsticks in place and seated into the 
dipstick tube according to the manufacturer's instructions, the 
uppermost area of the transmission dipstick tube, from 3 inches below 
the opening of the tube, was next loosely wrapped with paper toweling. 
This wrap extended above the top of the tube and around the handle 
portion of the dipstick above the cup containing the dipstick tube 
seal. The toweling was retained in position with masking tape.
    Each vehicle was then driven for approximately 15 miles in stop and 
go traffic and for a second 15 miles at highway speeds of 55 to 65 mph. 
The vehicles were then subjected to braking in a large, level parking 
lot. The asphalt surface of the lot was dry and the ambient temperature 
was 87 degrees F. Each vehicle was driven along a straight path and 
brought up to a speed of 50 mph, at which time the brakes were applied 
as firmly as possibly, bringing the vehicle to a sudden panic-type 
stop. (Although the test vehicles were not equipped with anti-lock 
brakes, as was the Ody-Costello vehicle, the deceleration was so severe 
that the valence panel under the front bumper of the test vehicles 
contacted the road surface during four of the test stops.) This was 
repeated three times with each vehicle. After each of the three tests 
of each vehicle, the area underhood and under the vehicle was inspected 
for any evidence of fluid spillage. Each time, the paper toweling was 
removed and replaced with fresh toweling prior to the next test.
    NHTSA found no evidence of any transmission fluid escaping from any 
of the dipstick tubes in any of the 12 braking tests nor any of the 
``stop and go'' or highway tests. There were no oil spots on the 
testing surface, nor any evidence of any oil on any of the paper towels 
used around the dipstick tubes.
    ODI maintains a library of owner's manuals for all passenger 
vehicles sold in the United States. Currently, the manuals cover all 
model years from 1989 through 1994. These manuals were reviewed and no 
passenger vehicle was located that was fitted with any original 
equipment device or clamp to retain the transmission dipstick into the 
dipstick tube. In addition, almost all transmission dipsticks are 
located near the rear of the engine compartment on the passenger side. 
In all cases where the vehicles are equipped with either V-8 or V-6 
engines, this places the opening of the dipstick tube above the exhaust 
manifold and exhaust pipe for the right bank of cylinders. Although a 
few vehicles were located with the transmission dipstick tube opening 
located a few inches higher than the subject Cougars, the height of the 
opening of the Cougar dipstick tube is typical.
    There has been one safety recall involving a transmission dipstick 
(recall #93V016). This recall involved 1988 through 1990 full-sized 
Chevrolet trucks. It was determined that when these vehicles were 
towing heavy trailers in overdrive, pressure could build up in the 
automatic transmission and transmission fluid would be forced from the 
transmission dipstick tube. A special dipstick was supplied to owners 
with a locking seal. There is no evidence to indicate that pressure 
build up occurs in the subject Cougar vehicles.
    The construction of the Cougar dipstick and the method used to seal 
the top of the dipstick tube with the dipstick are also typical of peer 
vehicles. Dipsticks were examined for several model vehicles 
manufactured by Chrysler and General Motors, and the dipsticks and 
seals were all found to be of the same style and very similar in both 
construction and design. The location and the method by which the 
dipstick is inserted into the transmission tube are also very similar.
    The petitioner's primary request (``suggestion'') is that the 
agency require the manufacturer to install a clamp to hold the dipstick 
into the dipstick tube in a more positive manner. This suggestion 
implies that the petitioner recognizes that if the dipstick is seated 
into the dipstick tube according to the manufacturer's recommendations, 
no fluid will escape. The petitioner also suggests that NHTSA might 
want to look into the possibility of raising or relocating the dipstick 
tube so that if the dipstick is not properly installed into the 
dipstick tube, transmission fluid will be less likely to escape or come 
in contact with exhaust system components.
    Both ODI and the manufacturer have searched their files and the 
petitioner's reported incident is the only recorded occurrence that has 
been located. The petitioner states that the problem originally 
occurred when a dipstick was improperly installed by a mechanic in a 
Ford dealership, after transmission repairs. The dipstick is not in a 
unique location, nor does proper insertion of the dipstick appear to be 
difficult, even for owners that are not mechanically inclined. It 
appears that the dipstick was inadvertently left loose, or not fully 
seated after repairs. In order to duplicate the original incident, the 
petitioner has had to leave the dipstick unseated, so that the opening 
of the dipstick tube is partially open. The Ford dipstick tube height 
is typical of peer vehicles. In fact, most vehicles on the road have 
their transmission dipsticks in similar locations and also seal the top 
of the transmission dipstick tube with a rubber seal located on the 
dipstick.
    In summary, a review of all the pertinent information leads to the 
following conclusions:
    1. The petitioner's allegation appears to be an isolated incident.
    2. The alleged problem appears to be the result of improper 
maintenance and repair, rather than a manufacturing defect.
    3. The Cougar transmission dipstick, dipstick tube, and sealing 
system are typical of other peer vehicles.
    4. If an owner uses reasonable care and follows the manufacturer's 
instructions in the vehicle's owner manual, the seal on the 
transmission dipstick will prevent spillage or escape of transmission 
fluid.
    5. There is no evidence that the transmission dipstick will not 
stay in place once properly inserted into the tube. However, the 
dipstick could be left loose by an inattentive owner or mechanic, 
regardless of the presence of a retaining device.
    In consideration of the available information, it is concluded that 
there is not a reasonable possibility that an order concerning the 
notification 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 determine whether a 
safety-related defect trend exists 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: September 22, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-23870 Filed 9-26-94; 8:45 am]
BILLING CODE 4910-59-M