[Federal Register Volume 68, Number 130 (Tuesday, July 8, 2003)]
[Notices]
[Pages 40743-40744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17200]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Defect Petition, DP03-002

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 investigate alleged steering column failures on model year (MY) 
1987-1995 vehicles manufactured by DaimlerChrysler Corporation (DCC). 
The petition is identified as DP03-002.

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

SUPPLEMENTARY INFORMATION: Mr. Larry A. Sackey, an attorney with the 
Law Offices of Herbert Hafif in Claremont, CA, submitted a petition to 
NHTSA by letter dated April 18, 2003, requesting NHTSA to further 
investigate alleged ``defective collapsible steering shaft systems'' on 
all MY 1987-1995 and model vehicles manufactured by DCC, other than 
those previously investigated and subsequently recalled. NHTSA had 
previously opened investigations PE93-091, PE96-047, and RQ97-004 to 
investigate alleged steering column shaft separations on MY 1993 Jeep 
Grand Cherokee vehicles, MY 1994-1995 Dodge Ram Series trucks, and MY 
1993-1995 Jeep Cherokee/1994-1995 Jeep Grand Cherokee vehicles, 
respectively. As a result of the PE investigations, DCC recalled 
115,000 units of MY 1993 Grand Wagoneer and Grand Cherokee vehicles 
(NHTSA Recall 93V210) and 475,000 units of MY 1994-1995 Dodge Ram 
Series Trucks (NHTSA Recall 96V230) to remedy a defect that could allow 
the upper and the lower shafts of the collapsible steering column to 
separate from each other (alleged defect) resulting in a loss of 
steering control. The petitioner alleged that DCC issued the recalls 
when they were aware the same defect existed in other MY 1987-1995 DCC 
vehicles.
    For analytical purposes, ODI has focused on the experience of MY 
1993-1995 vehicles, other than those covered by the previous recalls, 
in part because 49 U.S.C. 30120(g) limits a manufacturer's obligation 
to provide a recall remedy without charge to vehicles less than 10 
years old at the time of a defect determination. If the analysis of 
these vehicles had identified a potential problem, the scope could have 
been expanded in an investigation.
    A review of ODI's database shows that there are only six complaints 
about the subject vehicles that appear to be related to the alleged 
defect. Table 1 shows the make, model, model year, and the receipt date 
of each of these complaints:

  Table 1.--ODI Database Search Results for Steering Column Shaft Separation Complaints on the Subject Vehicles
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                                                                                                      Complaint
                  Make                                      Model                      Model year        date
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Dodge...................................  Dakota...................................           1993          6/95
Dodge...................................  Ram......................................           1993          5/96
Jeep....................................  Grand Cherokee...........................           1995          9/99
Jeep....................................  Grand Cherokee...........................           1995          7/01
Jeep....................................  Cherokee.................................           1994          4/95
Jeep....................................  Cherokee.................................           1995         10/96
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    The number of reports is very low, considering the fact that these 
vehicles have on average 10 years of usage. The data also show that 
there is a lack of a defect trend and recent complaints.
    Steering column complaints reported to ODI on the subject vehicles 
that do not appear to be related to the alleged defect are shown in 
Table 2. Most of these complaints alleged steering column vibration, 
looseness, noise, or binding; and a few identified no specific failure. 
ODI has not considered complaints of miscellaneous electrical 
malfunctions and crash-induced problems. The complaints for MY 1995 
Dodge and Plymouth Neon vehicles are also not counted because the 
Neon's steering column is not designed to collapse during certain 
crashes. Instead, it has a coupler designed to separate during certain 
crashes to mitigate crash forces. NHTSA previously investigated these 
Neon vehicles (PE94-095, PE96-069, and EA97-009) for inadvertent 
steering column coupler separation, and they were recalled (Recall 
97V169).

 Table 2.--ODI Database Search Results for Steering Column Complaints on
         the Subject Vehicles Not Related to the Alleged Defect
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                                     No. of
         Model platform            complaints      Complaint date range
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Cirrus/Stratus.................              1   9/98
Concorde/Intrepid/LHS/New                    8   3/95 to 4/00
 Yorker.
Caravan/Voyager................              8   4/95 to 5/01
Cherokee/Grand Cherokee........              6   10/95 to 2/00
Dakota.........................              6   2/95 to 6/97
Lebaron........................              4   6/95 to 5/00
Shadow/Spirit/Sundance.........              3   10/96 to 8/97
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[[Page 40744]]

    Even if we were to consider the data shown in Table 2, it does not 
reflect a failure trend for the subject vehicles as a whole or by 
individual models.
    Considering the fact that there were over 5 million subject 
vehicles manufactured and that these vehicles are 10 years old on 
average, the number of alleged defects reported to ODI on the subject 
vehicles is extremely low.
    In view of the foregoing, it is unlikely that NHTSA would issue an 
order for the notification and remedy of an alleged safety-related 
defect as defined by the petitioner in the subject vehicles at the 
conclusion of an investigation. 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.

    Issued on: June 23, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-17200 Filed 7-7-03; 8:45 am]
BILLING CODE 4910-59-P