[Federal Register Volume 71, Number 57 (Friday, March 24, 2006)]
[Notices]
[Page 14988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4309]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

SUMMARY: This notice sets forth the reasons for the denial of a 
petition submitted by Ms. Elyse Gerber to NHTSA's Office of Defects 
Investigation (ODI), received October 13, 2005, 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 with respect to 
electrical system shut down on model year (MY) 2000 Mercedes Benz E430 
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 to be 
warranted. The agency accordingly has denied the petition. The petition 
is hereinafter identified as DP05-007.

FOR FURTHER INFORMATION CONTACT: Mr. Steve Chan, Defects Assessment 
Division, Office of Defects Investigation, NHTSA, 400 Seventh Street, 
SW., Washington, DC 20590. Telephone: (202) 366-8537.

SUPPLEMENTARY INFORMATION: By letter dated September 20, 2005, Ms. 
Gerber of Belleair Beach, FL, submitted a petition requesting that the 
agency investigate electrical system shut down on MY 2000 Mercedes Benz 
E430 vehicles. The petitioner alleges that coffee from a cup, placed in 
the cup holder, spilled onto the gear shifter and shut down the 
vehicle's entire electrical system. The petitioner indicated that the 
vehicle jerked and slowed down, but she was able to maneuver the 
vehicle off the highway and into a shopping center parking lot.
    The concern raised by the petitioner was investigated by the Office 
of Defects Investigation (ODI) of NHTSA. The investigation (SQ01-010) 
was opened on September 25, 2001 on MY 2000 through 2001 Mercedes Benz 
SLK, C, CLK, and E Series vehicles. NHTSA opened the investigation 
after receiving three complaints concerning liquid spillage onto the 
transmission shifter (center console) area, which reportedly caused the 
vehicle to stall or shut down, and a related technical service bulletin 
(TSB) issued by Mercedes Benz. The TSB identifies improved ``Touch-
Shifters'' (ESM-Electronic Selector Modules) that were more resistant 
to fluid contamination, which were installed on vehicles produced after 
March 2001.
    Mercedes Benz's letter dated January 24, 2002, sent in response to 
a request for information by ODI, identified 164 consumer complaints 
and 241 non-duplicate warranty claims concerning liquid spillage onto 
the transmission shifter. The response showed that in many cases, 
depending on the severity of the spill, fluid spills onto the 
transmission shifter/center console of the subject vehicles will have 
no effect on drivability. Where a substantial amount of fluid is 
spilled, the fluid may penetrate the console and contaminate the ESM 
circuitry located under the console. In certain cases, this can result 
in a shifter malfunction. Owners reported that they have experienced 
that the shifter is stiff or difficult to operate, or that the shifter 
could not be shifted out of the ``Park'' position. In the event of a 
fluid spill while the vehicle is moving, the damaged ESM will activate 
the electronic transmission's ``limp-home'' mode. This mode will 
prevent the transmission from shifting past second gear while averting 
a stall or shut-down so that the vehicle can still be driven at a lower 
speed. Furthermore, Mercedes Benz's response indicated that there are 
no electronics related to the power brakes, power steering, or engine 
under the center console, and the company was unaware of any 
engineering basis for fluid spills in this area having any effect on 
those vehicle functions. No related crashes or injuries were identified 
during SQ01-010. Based on Mercedes' response and ODI's analysis of the 
facts, ODI closed its inquiry in February 2002. ODI concluded that the 
facts did not demonstrate a safety-related defect.
    ODI has subsequently received nine more complaints alleging fluid 
contamination of the transmission shifter since the investigation was 
closed, none of which report crashes or injuries. These nine 
complainants mainly expressed dissatisfaction with the design of the 
cup holder and the cost of replacing the contaminated ESM. Similarly, 
in petitioner's case she was able to operate the vehicle to a place 
where it could be safety stopped after the liquid spillage. The 
petitioner has not provided any evidence of a safety-related defect.
    In view of the foregoing, it is unlikely that NHTSA would issue an 
order for the notification and remedy of the alleged defect as defined 
by the petitioner 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.

    Issued on: March 21, 2006.
Daniel Smith
Associate Administrator for Enforcement.
[FR Doc. E6-4309 Filed 3-23-06; 8:45 am]
BILLING CODE 4910-59-P