[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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