[Federal Register Volume 69, Number 56 (Tuesday, March 23, 2004)]
[Notices]
[Pages 13619-13620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6455]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of a Petition for an Investigation Into the Adequacy of 
Recall Remedy, RP03-001

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

ACTION: Denial of petition for an investigation into the adequacy of a 
recall remedy.

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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. 30120(e), requesting that 
the agency investigate the adequacy of a remedy to address a defect in 
the adjustable brake and accelerator pedals on model year (MY) 2000 
Mercury Sable vehicles. The petition is identified as RP03-001.

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: Ms. Linda Rodman of North Hollywood, CA, 
submitted a petition to NHTSA by letter dated September 5, 2003, 
requesting NHTSA to further investigate the adjustable brake/
accelerator pedal movement on MY 2000 Mercury Sable vehicles 
manufactured by Ford Motor Company (Ford). Ms. Rodman reported that on 
June 21, 2003, her mother was

[[Page 13620]]

turning into a parking space when her MY 2000 Mercury Sable suddenly 
accelerated on to a grassy median, struck a light pole head on, and 
then came to rest after hitting a parked car.
    NHTSA had previously conducted an investigation (PE02-035) into 
this issue. Consistent with facts developed in that investigation, on 
October 1, 2002, Ford notified NHTSA that it would recall 369,614 MY 
2000 through 2002 Ford Taurus and Mercury Sable vehicles (subject 
vehicles) to address a safety-related defect (NHTSA Recall 02V-266). 
Under that recall, Ford and Mercury dealers were to inspect the lateral 
separation distance between the brake pedal and the accelerator pedal 
and, if needed, adjust the pedals to obtain a minimum lateral 
separation of 50 mm. This would reduce the likelihood of a driver 
contacting both the brake and accelerator pedals, which could result in 
unwanted vehicle acceleration.
    The petitioner stated that she brought her vehicle to her dealer in 
response to this recall and was told that no adjustment was needed. 
Subsequently, while the petitioner's mother was driving the vehicle, it 
allegedly suddenly accelerated and struck a light pole and a parked 
car. The petitioner therefore claims that the remedy identified by Ford 
for this recall does not sufficiently correct the brake and accelerator 
pedal lateral movement in the subject vehicles.
    A review of the ODI complaint database revealed only one complaint 
regarding the adequacy of the recall remedy, that of the petitioner.
    On December 10, 2003, an ODI investigator inspected Ms. Rodman's 
vehicle with the special tool used by Ford and Mercury dealers to 
perform the recall inspection. The brake/accelerator pedal lateral 
separation distance on Ms. Rodman's vehicle was 63 mm, well in excess 
of the 50 mm minimum specified under the recall. This measurement was 
performed as in the recall with the lash, or lateral movement, 
accounted for by moving the brake pedal towards the accelerator with 
light pressure.
    The lateral movement of the pedal in the Rodman vehicle brake pedal 
was found to be comparable to other similarly equipped Sable and Taurus 
vehicles, approximately 30 mm.
    Considering the fact that there were over 369,000 MY 2000-2002 Ford 
Taurus and Mercury Sable vehicles recalled and that the only alleged 
remedy failure reported to ODI was by the petitioner, there is no basis 
to open an investigation to examine whether the recall remedy is 
adequate. It is unclear what caused the unwanted vehicle acceleration 
reported by Ms. Rodman. The brake/accelerator pedal lateral separation 
distance on her vehicle was significantly more than the 50 mm minimum 
specified under the recall and the lateral movement of the brake pedal 
was not excessive.
    In view of the foregoing, it is unlikely that NHTSA would issue an 
order requiring Ford to provide a different remedy for this defect. 
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. 30120(e); delegations of authority at CFR 
1.50 and 501.8.

    Issued on: March 18, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-6455 Filed 3-22-04; 8:45 am]
BILLING CODE 4910-59-P