[Federal Register Volume 66, Number 151 (Monday, August 6, 2001)]
[Notices]
[Page 41083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19547]



[[Page 41083]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Defect Petition, DP01-002

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

ACTION: Denial of petition for a defect investigation.

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SUMMARY: This notice sets forth the reasons for the denial of a 
petition submitted to NHTSA under 49 U.S.C. 30162, requesting that the 
agency commence a proceeding to determine the existence of a defect 
related to motor vehicle safety. The petition is hereinafter identified 
as DP01-002.

FOR FURTHER INFORMATION CONTACT: Jonathan White, Office of Defects 
Investigation (ODI), NHTSA, 400 Seventh Street, SW., Washington, DC 
20590. Telephone: (202) 366-5226.

SUPPLEMENTARY INFORMATION: Mr. James T. Kuwada submitted a petition to 
NHTSA by letter dated February 2, 2001, requesting that an 
investigation be initiated to determine whether to issue an order 
concerning a defect in Model Year (MY) 1995 Honda Accord vehicles. The 
petitioner alleges that the ``seal'' of the anti-lock brake system 
(ABS) modulator leaks brake fluid.
    ABS modulator brake fluid leakage is described in Technical Service 
Bulletin (TSB) No. 96-050 issued by American Honda Motor Co., Inc. 
(Honda) on November 4, 1996. TSB No. 96-050 concerns the ABS modulator 
in MY 1994 through 1996 Honda Accord vehicles produced in Ohio (VIN 
begins with 1HG). The threaded plugs in the ABS modulator assembly were 
not properly tightened, resulting in a brake fluid leak.
    A review of ODI's database revealed that there were eight, 
fourteen, and six consumer complaints for MY 1994, MY 1995, and MY 1996 
Honda Accord vehicles (subject vehicles), respectively, alleging ABS 
modulator failure. Of these 28 ABS modulator failure complaints, 21 
indicated that the ABS modulator leaked or that it had to be resealed; 
17 indicated that the ABS warning light came on; 15 complained about 
the high cost of repair, and three indicated brake performance 
degradation. No crash or injury was reported in any of the 28 
complaints. Moreover, these 28 complaints represent an extremely low 
proportion of the 898,650 subject vehicles that were produced.
    On April 25, 2001, ODI contacted the three complainants (ODI No. 
847863, ODI No. 737821, and ODI No. 875406) who alleged brake 
performance degradation to clarify the extent of that degradation and 
to ascertain whether it was the result of failure of the ABS modulator 
on their vehicles. ODI learned that the main concern of these 
complainants was the loss of anti-lock brake function on their 
vehicles. All three complainants indicated that their standard brakes 
functioned normally, even after the ABS warning light had come on. All 
were able to drive their vehicles to a repair shop where they were told 
that the ABS modulator on their vehicles had leaked brake fluid.
    The brake fluid leakage from the ABS modulator is apparently very 
slow and will signal a warning to the driver. The complainant for ODI 
complaint No. 847863 said that the loss of brake fluid was very slow. 
The complainant for ODI complaint No. 875406 said that he did not 
observe any loss of brake fluid on the ground and is still driving the 
vehicle even with the ABS warning light on (he was quoted a price of 
$1,600 for the ABS module repair and had decided not to have the work 
done). Also, a fourth complainant (ODI No. 737986) indicated that the 
``ABS modulator [is] leaking because of loose fittings or cracks, ABS 
brake fluid must be topped off every few months.''
    Even given a modulator leak, there is little risk to motor vehicle 
safety since the underlying or foundation brake system will continue to 
function normally (without the anti-lock function). Considering that 
the subject vehicles have been on the road for five to seven years and 
there have not been any reports of crashes in the ODI database, this 
problem, though costly to remedy, does not appear to present a safety-
related defect.
    In November 1994, ODI opened an investigation (PE94-067) on MY 1990 
Mazda 929 vehicles for brake fluid leakage from the ABS hydraulic 
control unit. That investigation was closed without a recall due to the 
absence of a safety-related defect trend.
    In view of the foregoing, it is unlikely that NHTSA would issue an 
order for the notification and remedy of the alleged safety-related 
defect as defined by the petitioner in the subject vehicles at the 
conclusion of the investigation requested in the petition. Therefore, 
in view of the need to allocate and prioritize NHTSA's limited 
resources to best accomplish the agency's safety mission, the petition 
is denied.

    Authority: 49 U.S.C. 30162(d); delegations of authority at CFR 
1.50 and 501.8.

Kenneth N. Weinstein,
Associate Administrator for Safety Assurance.
[FR Doc. 01-19547 Filed 8-3-01; 8:45 am]
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