[Federal Register Volume 72, Number 248 (Friday, December 28, 2007)]
[Notices]
[Pages 73973-73974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25096]


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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 a petition for a defect investigation.

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SUMMARY: This notice sets forth the reasons for the denial of a 
petition (Defect Petition DP06-005) submitted by Public Citizen to 
NHTSA's Office of Defects Investigation (ODI) pursuant to 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 regard 
to engine stalling in Model Year (MY) 2003-2005 Ford Taurus/Mercury 
Sable Flex Fuel Vehicles that operate using E85, an alternative fuel.
    After reviewing all available information, NHTSA has concluded that 
further expenditure of the agency's investigative resources on the 
issue raised by the petition is not warranted. The agency accordingly 
has denied the petition.

FOR FURTHER INFORMATION CONTACT: Mr. Ajit Alkondon, Safety Defects 
Engineer, Defects Assessment Division, Office of Defects Investigation, 
NHTSA, 1200 New Jersey Avenue, SE., Washington DC 20590. Telephone 202-
366-3565.

SUPPLEMENTARY INFORMATION: On October 11, 2006, Public Citizen sent a 
letter to NHTSA regarding MY 2003-2005 Ford Taurus and Mercury Sable 
Flex Fuel Vehicles (FFV). The Ford Motor Company (Ford) produced 
228,000 of these vehicles in those model years. In the letter, Public 
Citizen petitioned NHTSA to investigate and determine whether the 
alleged stalling of these vehicles while operating on E85 constitutes a 
safety defect under the vehicle safety laws (49 U.S.C. Chapter 301).
    E85, an ``alternative fuel'' within the meaning of 49 U.S.C. 
32901(a)(1)(D), is an alcohol/fuel mixture consisting of 85% denatured 
ethanol and 15% gasoline or diesel fuel. Flex fuel vehicles (FFVs, also 
known as ``dual fueled automobiles'') are vehicles ``capable of 
operating on alternative fuel and on gasoline or diesel fuel.'' 49 
U.S.C. 32901(a)(8)(A). An FFV is identical to its non-FFV counterpart, 
except that, because of the corrosive nature of the alternative fuel 
(in this case, the ethyl alcohol in E85), exposed metallic and rubber 
surfaces within the FFV fuel system have been replaced with materials 
more capable of resisting the corrosive effects of the alternative fuel 
to prevent excessive wear of these surfaces from exposure to E85.

Public Citizen's Petition

    In addition to seeking a defect investigation, the petition also 
asks NHTSA to reclaim credits claimed by Ford for these vehicles due to 
their dual fuel status under the Corporate Average Fuel Economy (CAFE) 
program. See 49 U.S.C. 32905-32906. Although that issue is not 
addressed in this notice, the petition focuses primarily on this CAFE 
credit issue and the availability of E85. The great majority of the 
allegations in the petition concern difficulty in starting the vehicles 
and make no reference to safety issues. The petition mentions one 
instance in which, after the owner experienced difficulty starting the 
vehicle and drove the car out of his garage, the vehicle ``began to 
stall.'' The petition does not allege any crashes, injuries, or (with 
the possible exception of the one alleged stalling incident), any 
unsafe events involving these vehicles.

NHTSA's Review of the Allegations Made in the Petition

    With little to go on based on the petition itself, ODI looked at 
various sources of information to determine whether or not there was 
any basis for a safety investigation of these vehicles with regard to 
alleged engine stalling. ODI reviewed complaints submitted by owners of 
these vehicles to NHTSA and to Ford (including a complaint concerning 
the one instance of possible stalling cited in the petition), the 
experience of state-owned fleets of these vehicles, Early Warning 
Reporting (EWR) data, actions taken by Ford, and certain information 
submitted by Ford.
    In any investigation involving allegations of stalling, ODI 
examines a number of factors, including: The rate at which stalling 
occurs in the whole population of subject vehicles (often expressed as 
the number of vehicles that have experienced the phenomenon per hundred 
thousand), the speeds at which stalling occurs, the type of operation 
during which stalling occurs (e.g., when starting, accelerating, 
decelerating, or cruising), whether the vehicle can quickly be 
restarted after stalling, whether the stalling affects steering 
functions, whether the stalling affects braking functions, and any 
crashes or other unsafe events that may have resulted from the 
stalling. In deciding whether or not alleged stalling merits a full 
investigation, ODI also considers those criteria.

Ford's Actions Concerning These Vehicles

    In response to customer complaints about the operation of these 
vehicles, Ford released two Technical Service Bulletins (TSBs): TSB 05-
11-13 and TSB 06-05-05. TSB 05-11-13, issued on June 13, 2005, pertains 
to both FFV and non-FFV Ford Taurus/Mercury Sable vehicles for MY 2004 
and 2005. The TSB addresses the following issues: lack of power at 
highway speeds, RPM dip after cold start, malfunction indicator lamp 
(MIL) on with diagnostic trouble code (DTC) P0316, intermediate clutch 
failure due to low transmission oil pressure, misfire at low load/low 
RPM, or load surge at low speeds, hard start and rough idle, and 
inaccurate display of fuel economy in message center. Ford explained 
that TSB 05-11-13 was created to address specific drivability symptoms 
associated with the 3.0L engine in MY 2004 through 2005 model Taurus/
Sable vehicles, independent of the type of fuel used. The repair 
procedure for this TSB includes reprogramming the Powertrain Control 
Module (PCM) with updated software.
    TSB 06-05-05, published on March, 20, 2006, pertains to Ford 
Taurus/Mercury Sable FFVs for MY 2004-2006. This TSB addresses a long 
crank/hard start condition when the vehicles operate on E85 fuel. 
Similar to TSB 05-11-13, the repair procedure for this TSB requires 
reprogramming the PCM with an updated software release.
    While the letter from Public Citizen concerns subject vehicles in 
MY 2003 through 2005, the two TSBs issued by Ford cover MY 2004 through 
2005 and 2004 through 2006, respectively. Ford explained that the model 
years 2001 through 2003 Taurus/Sable vehicles have a different PCM than 
the MY 2004 through 2006 Taurus/Sable vehicles. Further, the issues 
brought up in the Public Citizen letter--long crank/hard start and low 
speed stalls--are predominantly confined to the 2004 to 2006 model year 
vehicles.
    As stated above, Ford issued TSB 06-05-05 to address the long 
crank/hard start problems associated with MY 2004 through 2006 Ford 
Taurus/Mercury Sable vehicles. Ford also initiated Extended Coverage 
Program (ECP) 06N07 to address this condition. Ford did not extend ECP 
06N07 to MY 2003 vehicles since these vehicles have a

[[Page 73974]]

different PCM and are covered under a separate ECP.
    A search of Ford's Analytical Warranty System database revealed 
that of the 649 vehicles receiving the TSB 06-05-05 repair, only 12, or 
1.8%, of the vehicles required service for similar issues after the 
repair. Of these 12, only one vehicle complained of a stall while 
driving. (As explained below, this stall was apparently not related to 
use of E85.) This suggests a high TSB effectiveness.

The Complaint Cited in the Petition

    ODI interviewed the complainant named in the Public Citizen letter 
and inquired concerning his experiences with the subject vehicle and 
its performance when operated on either gasoline or E85. The consumer 
stated that he had purchased a new 2005 Ford Taurus FFV and that, when 
operating the vehicle on gasoline alone, he had experienced no driving 
problems. However, when the consumer operated the vehicle on E85, he 
experienced hard starting and low speed stalls while the engine was 
cold. The consumer had the adjustments called for by TSB 05-11-13 
performed on his vehicle three times, but the problems persisted. He 
then sold the vehicle back to the Ford dealership after driving only 
980 miles. TSB 06-05-05 was never performed on the vehicle.

Other Complaints

    In addition to the vehicle owned by the complainant discussed 
above, ODI confirmed only three other vehicles that had experienced 
instances of stalling from a population of 228,000 vehicles. One, a 
2004 Ford Taurus FFV, was the subject of a Vehicle Owner Questionnaire 
(VOQ) submitted to NHTSA. ODI contacted this consumer and learned that 
the consumer's main concern was difficulty starting the vehicle. The 
consumer stated that he brought the vehicle into a repair shop for 
service and had TSB 06-05-05 performed on his vehicle. Eventually, the 
work Ford did on the car reduced the hard starting problem and 
apparently eliminated the stalling problem.
    The second vehicle that experienced stalling, a 2005 Ford Taurus 
FFV, was the subject of a complaint received by Ford and recorded in 
its complaint database. ODI has contacted this consumer and learned 
that the consumer experienced both engine stalling and hard starting 
problems. The consumer did not have TSB06-05-05 performed on his 
vehicle, and sold the vehicle shortly after his vehicle exhibited these 
symptoms.
    The third vehicle that experienced stalling, a 2004 Ford Taurus 
FFV, was the vehicle returned for repair after application of TSB 06-
05-05, mentioned above. This particular complaint suggested a single 
stalling event while driving, after which the vehicle restarted with no 
additional problems. Ultimately, this vehicle was repaired by 
performing technical service unrelated to the repair methods for engine 
stalling due to E85 usage. Therefore, the stalling problem was 
apparently unrelated to E-85 usage, and this vehicle is not considered 
as one that experienced E85-related stalling.
    In total, ODI was able to confirm that just three FFV vehicles (one 
2004 Taurus and two 2005 Tauruses) experienced stalls related to E85 
operation. ODI was not able to confirm any stalls in the population of 
2003 Ford Taurus/Mercury vehicles.

Fleet Experience

    To assess E85 performance in vehicles most likely to use it 
frequently, ODI obtained a list of fleets operating the subject 
vehicles. ODI contacted six of the fleets-the State of Minnesota; the 
Iowa, Illinois, Nebraska, and Wisconsin Departments of Transportation; 
and the Minnesota Department of Natural Resources. In total, these 
fleets operate approximately 500 of the subject vehicles. Five out of 
the six fleets reported incidents of long crank/hard start in the 
subject vehicles. However, none of the six fleets reported stalling 
issues. Fleet customers report that they have taken advantage of the 
TSBs issued by Ford that address this long crank/hard start issue, and 
that there have been significant improvements in the subject vehicle 
performance while using E85 subsequent to the repairs.

Conclusions

    Nearly all of the allegations concerning the operation of these 
vehicles involve long crank/hard starting, not stalling. Based on ODI's 
inquiry, only three of the subject vehicles (out of a population of 
228,000 vehicles) have experienced engine stalling in connection with 
their operation using E85. This indicates a very low rate of stalling 
that is nearly identical to the rate of stalling in non-FFV Taurus and 
Sable vehicles and very low when compared to the rates experienced by 
non-FFV that ODI has reviewed. The stalling that has occurred has 
apparently not resulted in any crashes, loss of steering or braking 
control, or high risk events. The stalling seems to occur either at 
start-up or at low speeds. Moreover, at least with regard to the one 
vehicle that experienced stalling apparently related to E85 use and 
later received the repair procedure called for by Ford's TSB 06-05-05, 
this procedure seemed to cure the problem.
    Due to the very low incidence of vehicle stalling resulting from 
the use of E85 within the subject vehicles and the extremely low 
likelihood of an unsafe occurrence arising from the type of stalls that 
have occurred, it is unlikely that NHTSA would issue an order for the 
notification and remedy of a safety defect in this matter. NHTSA notes 
that the issues consumers primarily complain of--namely long crank/hard 
start and stall while driving--are adequately addressed by the TSBs 
issued by Ford in response to consumer complaints. Because we believe 
the petition does not provide a technical basis on which to proceed, 
and in view of the need to allocate NHTSA's limited resources so as to 
accomplish the agency's safety priorities, the petition is denied. This 
action does not constitute a finding by NHTSA that a safety-related 
defect does not exist. The agency will take further action if warranted 
by future circumstances.

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

    Issued on: December 13, 2007.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E7-25096 Filed 12-27-07; 8:45 am]
BILLING CODE 4910-59-P