[Federal Register Volume 89, Number 127 (Tuesday, July 2, 2024)]
[Notices]
[Pages 54957-54958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14570]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2023-0029]


Denial of Motor Vehicle Defect Petition, DP21-002

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, DP21-002, submitted by Mr. Gerald James to the Administrator 
of NHTSA by a letter dated September 30, 2021. The petition requests 
that NHTSA initiate an investigation into ``severe oil leaks'' from the 
oil pressure switch that could lead to engine failures experienced by 
operators of Model Year (MY) 2015-2017 Kia Sorento vehicles equipped 
with 3.3L V6 engines. After conducting a technical review of: customer 
complaints submitted by the petitioner; an inspection of petitioner's 
vehicle; consumer complaint information in NHTSA's database; 
information provided by Kia North America (Kia) in response to our 
requests regarding vehicle design and complaints/claims received by 
Kia; and component testing performed by NHTSA's Vehicle Research and 
Test Center, NHTSA's Office of Defects Investigation has concluded that 
it is unlikely that any investigation opened by granting this petition 
would result in an order concerning the notification and remedy of a 
safety-related defect. Therefore, upon full consideration of the 
information presented in the petition and the potential risks to 
safety, the petition is denied.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Lee, Vehicle Division C, 
Office of Defects Investigation, NHTSA 1200 New Jersey SE, Washington, 
DC 20590. Telephone: 202-366-5236. Email: [email protected].

SUPPLEMENTARY INFORMATION:

Introduction

    Interested persons may petition NHTSA requesting that the Agency 
initiate an investigation to determine whether a motor vehicle or an 
item of replacement equipment does not comply with an applicable motor 
vehicle safety standard or contains a defect that relates to motor 
vehicle safety. 49 U.S.C. 30162(a)(2); 49 CFR 552.1. Upon receipt of a 
properly filed petition, the Agency conducts a technical review of the 
petition, material submitted with the petition, and any additional 
information. 49 U.S.C. 30162(a)(2); 49 CFR 552.6. The technical review 
may consist solely of a review of information already in the possession 
of the Agency, or it may include the collection of information from the 
motor vehicle manufacturer and/or other sources. After conducting the 
technical review and considering appropriate factors, which may 
include, but are not limited to, the nature of the complaint, 
allocation of Agency resources, Agency priorities, the likelihood of 
uncovering sufficient evidence to establish the existence of a defect 
and the likelihood of success in any necessary enforcement litigation, 
the Agency will grant or deny the petition. See 49 U.S.C. 30162(a)(2); 
49 CFR 552.8.

Background Information

    In a letter dated September 30, 2021, Mr. Gerald James (the 
petitioner) requested that NHTSA conduct an investigation of Model Year 
2015-2017 Kia Sorento vehicles equipped with 3.3L V6 ``Lambda'' engines 
for ``severe oil leaks'' from the oil pressure switch that could ``lead 
to engine failure'' with little warning to the driver. Mr. James based 
this request on his own experience and data found in NHTSA's Vehicle 
Owner Questionnaire (VOQ) database. NHTSA reviewed the material cited 
by the petitioner, information submitted by Kia, NHTSA's testing, and 
other pertinent information in NHTSA databases.

Summary of Petition

    The petitioner reported that his model year (MY) 2016 Kia Sorento 
equipped with a 3.3L Lambda engine experienced oil leaking from the oil 
pressure switch (OPS) leaving visible oil trails. This caused the front 
end of the vehicle ``to tremble as if it was going to stall.'' The 
petitioner alleged that a leaking OPS could result in engine failure 
with little warning/indication to the driver. The petitioner further 
noted that it is a widespread issue among other Kia Sorento vehicles, 
as evidenced by similar consumer complaints on NHTSA's website.

Office of Defects Investigation Analysis

    On December 16, 2021, the Office of Defects Investigation (ODI) and 
Kia performed a joint inspection of the petitioner's vehicle, which was 
towed to a Kia dealership where it could be observed, documented, and 
provided with a new revised OPS to replace the allegedly defective 
component. ODI and Kia agreed the OPS was leaking oil and observed oil 
in the crevices atop the engine block. After the vehicle received the 
new replacement part, it was returned to the petitioner via a tow 
truck. The original part that was removed from the subject vehicle was 
retained by ODI for further analysis, if deemed needed.
    On February 23, 2022, Kia submitted its analysis of the claims made 
in the petition. Kia provided a failure mode analysis of the original 
design OPS noting two potential failure modes that can allow oil to 
leak through the body of the pressure switch. During an internal 
manufacturer investigation, the OPS was revised due to the two 
potential failure modes. The analysis found that fatigue damage and 
rubber washer contraction at low temperatures within the OPS could 
cause oil to leak internally in the sensor's diaphragm. Production 
changes were applied to the MY 2017 Kia Cadenza, MY 2019 Kia Sorento, 
and MY 2019 Kia Sedona. Kia also provided computer aided design (CAD) 
drawings to show the potential oil path from a leaking OPS to the top 
of the engine block and then through a weep hole designed for entrapped 
liquid residing on the engine block to flow down to the plastic under-
bumper tray below. The CAD drawings also estimated the amount of liquid 
that can be collected on top of the engine block to be about 145 mL. 
Kia provided a visual representation of a trail of oil like that 
submitted by the petitioner, which was replicated using about 80 mL or 
just over half the amount that can accumulate atop the engine block. 
Based on its testing as described below, ODI believes the trail of oil 
indicated by the petitioner to be old oil spilled over or leaked down 
rather than fresh oil leaked from the OPS to the ground.

[[Page 54958]]

    On April 4, 2022, the Vehicle Research and Test Center (VRTC) 
performed testing of the petitioner's component (OPS) based on the 
testing protocol consistent with Kia's specifications for the subject 
vehicle. The testing involved the petitioner's original OPS in a 
controlled system to replicate the subject vehicle's oil pressure, 
flow, and temperature to determine the leak or flow rate of oil 
emanating from the switch by collecting the volume of oil loss over 
time. VRTC calculated that 236 mL of oil loss could occur under usage 
conditions consisting of driving 55 minutes a day for 6 months (the 
manufacturer recommended oil change interval of every 6 months or 7500 
miles). Based on the estimated leak rate and the known amount of oil in 
the engine at the `full' oil dipstick level and `low' oil dipstick 
level, it would take about 19 oil change intervals for the engine oil 
level to drop from the `full' dipstick level to the level resulting in 
illumination of the vehicle malfunction indicator lamp (MIL) and about 
12 oil change intervals for the engine oil level to drop from the `low' 
dipstick level to the level resulting in illumination of the MIL. VRTC 
conducted additional testing and confirmed that the OPS can operate as 
intended, despite leaking oil, to illuminate the vehicle's MIL to alert 
the driver of low oil pressure.
    In April of 2022, Kia issued a warranty extension program that 
extended the coverage of the OPS from 5 years/60,000 miles to 15 years/
150,000 miles for MY 2014-2018 Sorento, MY 2014-2016 Cadenza, and MY 
2015-2018 Sedona vehicles, all equipped with the 3.3L Lambda engines. 
The extended warranty coverage includes the diagnosis and repair and 
covers customers experiencing oil leaking from the engine or if the 
engine oil pressure warning light stays illuminated after the engine is 
turned on.
    As of May 5, 2023, NHTSA reviewed its internal data on MY 2016-2018 
Kia Sorento vehicles equipped with 3.3L Lambda engines (population of 
161,519 vehicles), which identified no consumer complaints or field 
reports that allege engine failure or stalling related to the 
petitioner's allegation of OPS failures. ODI's review of the field 
data, warranty data, and technical analysis provided by Kia identified 
no engine failures or vehicle stalling caused by OPS failure/leaking on 
the subject vehicles. Based on this and VRTC's testing described above, 
ODI believes the risk of a vehicle stalling and/or of a non-crash 
engine fire caused by an OPS failure is unlikely.
    After a thorough review of the material submitted by the 
petitioner, information already in NHTSA's possession, testing 
performed by VRTC, technical information provided by Kia, the potential 
risks to safety implicated by the petitioner's allegation, NHTSA 
believes it is unlikely that any investigation opened by granting this 
petition would result in an order concerning the notification and 
remedy of a safety-related defect. Therefore, upon full consideration 
of the information presented in the petition and the potential risks to 
safety, the petition is denied.
    Authority: 49 U.S.C. 30162(d) and 49 CFR part 552; delegation of 
authority at 49 CFR 1.95(a).\1\
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    \1\ The authority to determine whether to approve or deny defect 
petitions under 49 U.S.C. 30162(d) and 49 CFR part 552 has been 
further delegated to the Associate Administrator for Enforcement.

Eileen Sullivan,
Associate Administrator, Enforcement.
[FR Doc. 2024-14570 Filed 7-1-24; 8:45 am]
BILLING CODE 4910-59-P