[Federal Register Volume 69, Number 166 (Friday, August 27, 2004)]
[Notices]
[Pages 52743-52744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19568]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Recall Petition

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

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

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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) by Ms. Angelique 
Trowbridge, requesting that the agency commence a proceeding to 
determine the adequacy of the remedy utilized by Ford Motor Company 
(Ford) to address a safety-related defect in Ford Safety Recall 04S13 
(NHTSA 04V-165). 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 RP04-002.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Z. Cooper, Chief, Vehicle 
Integrity Division, Office of Defects Investigation (ODI), NHTSA, 400 
Seventh Street, SW., Washington, DC 20590. Telephone: (202) 366-5218.

SUPPLEMENTARY INFORMATION: On June 22, 2004, NHTSA received a letter 
from Ms. Trowbridge requesting that the agency investigate the adequacy 
of the remedy used by Ford in Safety Recall 04S13 (NHTSA 04V-165). The 
petitioner alleges that the recall remedy is inadequate and, as 
evidence, states that after having the recall remedy performed on her 
model year (MY) 2001 Ford Escape, it did not resolve the stalling 
condition.
    On April 5, 2004, Ford filed a Defect Information Report concerning 
intermittent closed throttle engine stalling in 321,903 MY 2001-2003 
Ford Escape vehicles equipped with 3.0L V6 engines, manufactured 
between January 31, 2000 and September 11, 2002. Ford reported that an 
intermittent engine stalling condition is prevalent in these vehicles 
when the vehicle is in a closed throttle deceleration at speeds of 40 
mph and below. The recall remedy involved reprogramming the calibration 
of the vehicle's Powertrain Control Module (PCM) to correct a rich air/
fuel mixture, thereby allowing the engine to operate without 
experiencing a closed throttle, deceleration-stalling event.
    Following receipt of the petition, on July 1, 2004, the Office of 
Defects Investigation (ODI) sent an information request to Ford to 
obtain relevant information. Ford's July 23, 2004 response indicates 
that less than 0.1 percent of vehicle owners who have had the recall 
remedy performed have reported additional deceleration stalling issues. 
Ford also states that the PCM has to ``learn'' the new program and that 
any subsequent stalling would be temporary. To verify Ford's claim, ODI 
conducted a random survey of 20 complainants who had the remedy 
performed on their vehicles and who experienced a subsequent stalling 
event. ODI found that most of them had isolated stalling problems, 
supporting Ford's allegation

[[Page 52744]]

that the PCM must ``learn'' the new program.
    In addition, in a phone conversation with ODI, the petitioner 
stated that a Ford engineer found a faulty ignition switch as the cause 
of the stalling in her vehicle. Thus, there is no evidence at this time 
to suggest that the recall remedy is inadequate.
    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. 30120(e); delegations of authority at CFR 
1.50 and 501.8.

Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-19568 Filed 8-26-04; 8:45 am]
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