[Federal Register Volume 67, Number 183 (Friday, September 20, 2002)]
[Notices]
[Page 59330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23915]



[[Page 59330]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Defect Petition

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, by Mr. William 
Salyer, requesting that the agency commence a proceeding to determine 
the existence of a defect related to motor vehicle safety in certain 
Jeep Cherokee and Jeep Grand Cherokee vehicles. After a review of the 
petition and other information, NHTSA has concluded that further 
expenditure of the agency's investigative resources on the issues 
raised by the petition does not appear warranted. The agency 
accordingly has denied the petition. The petition is hereinafter 
identified as DP02-005.

FOR FURTHER INFORMATION CONTACT: Mr. Jonathan White, Chief, Defect and 
Recall Information Analysis Division, Office of Defects Investigation 
(ODI), NHTSA, 400 Seventh Street, SW., Washington, DC 20590. Telephone: 
(202) 366-5226.

SUPPLEMENTARY INFORMATION: On April 11, 2002, Mr. Walter Salyer 
submitted a petition requesting that the agency investigate sudden 
acceleration in model year (MY) 1991-1995 Jeep Cherokee and MY 1993-
1995 Jeep Grand Cherokee vehicles (subject vehicles), a vehicle 
population of 1,302,000. The petition alleges that a defect exists in 
the subject vehicles involving the design and assembly of the connector 
interface between the main wiring harness and the powertrain control 
module (PCM) in these vehicles. The petitioner states that with the 
cruise control power switch in the ``OFF'' position, the potential at 
the vent and vacuum pins is approximately zero volts. The neighboring 
pins are all operating at approximately battery voltage. Mr. Sayler 
alleges that current flow from the neighboring pins to the vent and 
vacuum pins could occur in the presence of an electrically conductive 
contaminant (water/moisture), and that energization of the cruise 
control can occur. Mr. Salyer alleges that such cruise control 
energization leads to a rapid increase in engine speed to wide-open 
throttle. Mr. Salyer further alleges that depending on the state of the 
cruise control power switch, this undesired acceleration may, or may 
not, be terminated by application of the service brakes.
    The cruise control system in the subject vehicles is electrically 
controlled and vacuum operated. The PCM operates the vehicle speed 
control system by controlling the vent and vacuum functions of the 
speed control servo circuits. Depending on the signal it receives from 
the vehicle speed control switches, the PCM either applies vacuum to or 
vents vacuum from the servo, by applying voltage to either the vent or 
vacuum pin. The servo is directly connected by cable to the throttle 
plate in the throttle body.
    The petitioner, Mr. Salyer, correctly states that with the cruise 
control power switch in the ``OFF'' position, the potential at the vent 
and vacuum pins is zero volts. The neighboring pins are operating at 
approximately battery voltage. Mr. Sayler concludes that current flow 
from the neighboring pins to the vent and vacuum pins could occur in 
the presence of an electrically conductive contaminant (water/
moisture), and that energization of the cruise control can occur. An 
analysis of the cruise control circuit shows that it maybe possible for 
the engine to operate at full throttle if this malfunction occurs. The 
cruise control is designed to be deactivated with brake pedal 
application; however, Mr. Salyer notes that if other parts of the 
system malfunction at the same time, it is possible that the cruise 
control will not shut off.
    In September 1997, DaimlerChrysler Corporation (DCX) commenced a 
Safety Improvement Campaign, 97I-002, to install brake transmission 
shift interlocks (BTSI) in MY 1984-1995 Jeep Cherokees and Wagoneers 
and MY 1993-1995 Jeep Grand Cherokee and Grand Wagoneer vehicles 
equipped with automatic transmissions, a total of 1,010,000 vehicles. 
The BTSI prevents the operator from shifting out of ``Park'' unless the 
brake pedal is depressed.
    In March 1998, Mr. Salyer's company, Infospace, Inc., conducted an 
analysis of a sudden acceleration crash occurring in June 1996 
involving a MY 1993 Jeep Grand Cherokee in Mercer Island, Washington. 
This vehicle did not have a BTSI. The Grand Cherokee allegedly suddenly 
accelerated when the operator shifted into ``Drive'' and hit a 
retaining wall, resulting in a serious injury to a pedestrian. Mr. 
Salyer's analysis concluded that water in the PCM was the cause of the 
sudden acceleration.
    The number of sudden acceleration reports involving the subject 
vehicles received by ODI from consumers in each calendar year from 1993 
through June 12, 2002, shows a marked reduction in reports in 1998 and 
continuing through June 2002. In addition, the data furnished by Mr. 
Salyer also shows a dramatic downward trend since 1997. This data 
obtained solely from DCX is illustrated on page 36 of the petitioner's 
report, and shows approximately 210 reports in 1997 and 30 in 2000. It 
appears that DCX's safety improvement campaign has had a dramatic 
effect, implying that the major cause for the sudden acceleration in 
the subject vehicles was incorrect pedal application.
    ODI has received a total of 476 complaints of sudden, unintended 
acceleration, for all causes, on the subject vehicles. Only 36 
complaints of sudden acceleration, for all causes, have been reported 
during the past two years. None of these complaints refer to any 
malfunction or defect related to the main wiring harness connector or 
the PCM and none refer to water intrusion into the PCM.
    While it may be possible for water in the PCM to activate the 
cruise control in the subject vehicles under rare circumstances, such 
activation would not lead to a sudden acceleration incident unless 
there was also a malfunction of the switch that shuts off the cruise 
control upon application of the brake pedal. Moreover, incidents of 
sudden acceleration in the subject vehicles have significantly 
decreased since the beginning of DCX's campaign, so that the current 
rate of such incidents is comparable to the rates of other vehicle 
models. Thus, it appears that the predominant cause of sudden 
acceleration incidents involving the subject vehicles has been pedal 
misapplication, rather than water contamination.
    For the foregoing reasons, further expenditure of the agency's 
investigative resources on the issues raised by the petition does not 
appear to be warranted. Therefore, the petition is denied.

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

    Issued on: September 10, 2002.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 02-23915 Filed 9-19-02; 8:45 am]
BILLING CODE 4910-59-P