[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Notices]
[Pages 75640-75642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20971]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2024-0059]
Denial of Motor Vehicle Defect Petition, DP22-003
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 defect
petition (DP22-003) jointly submitted by a consulting firm and four
automotive associations requesting that the Agency initiate a safety
defect investigation into the loss of motive power incidents attributed
to oil drain pan assembly failures on certain Hyundai Motor America,
Inc. and Kia America, Inc. vehicles spanning Model Years (MY) 2005-
2021. After conducting a technical review of the petition and other
information, NHTSA's Office of Defects Investigation has concluded that
the issues raised by the petition do not warrant a defect investigation
at this time. Accordingly, the Agency has denied the petition.
FOR FURTHER INFORMATION CONTACT: Joseph Teitelman, Vehicle Defect
Division C, Office of Defects Investigation, NHTSA, 1200 New Jersey
Avenue SE, Washington, DC 20590. Telephone: (202) 366-3243. 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 a
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
On September 12, 2022, the Office of Defects Investigation (ODI)
opened a Defect Petition (DP22-003) to evaluate the petition, which was
jointly submitted by a consulting firm \1\ and four automotive
associations \2\ (collectively, the ``Petitioners'') to NHTSA (the
``Agency'') on July 13, 2022. The Petitioners requested that NHTSA
initiate a safety defect investigation into the oil drain pan
assemblies of multiple Hyundai and Kia vehicles. The following Hyundai
and Kia vehicles were referenced in the petition, representing an
estimated combined population of more than 7.5 million vehicles and 83
total model/model year vehicles: 2006-2019 Hyundai Sonata, 2013-2018
Hyundai Santa Fe Sport, 2010-2012 and 2019-2020 Hyundai Santa Fe, 2010-
2015 and 2018-2019 Hyundai Tucson, 2011-2021 Kia Sportage, 2005-2020
Kia Optima, 2011-2020 Kia Sorento, 2010-2013 Kia Forte, 2010-2013 Kia
Forte Coup, and 2007-2010 Kia Rondo. The Petitioners submitted four
supplemental letters to the Agency on January 31, 2023, March 21, 2023,
May 23, 2023, and August 4, 2023. NHTSA's technical review of the
petition included a review of the material cited by the Petitioners,
consumer complaint information in NHTSA's databases, and related dealer
communications.
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\1\ Johnson Policy Associates, Inc.
\2\ Automotive Oil Change Association, Auto Care Association,
Service Station Dealers Association & Allied Trades, and Automotive
Service Association.
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Summary of Petition
The Petitioners assert that the subject vehicles manufactured by
Hyundai Motor America, Inc. (``Hyundai'') and Kia America, Inc.
(collectively, ``H/K'') are equipped with oil drain pan assemblies that
``have experienced unprecedented allegations of mid-interval plug-outs
thousands of miles after service without malfunction indicator lights
or the leakage associated with under-tightening an oil drain plug, or a
plug or pan with damaged threads.'' Additionally, the Petitioners
allege that the defective oil pan assemblies are causing engines to
seize and experience a loss of motive power while being operated, often
at highway speeds. The specific failure mode detailed in the petition
is the engine oil drain plug ``backing out'' while the vehicle is being
operated following an oil change. The ``backing out'' of the drain plug
results in the sudden and rapid draining of engine oil, thereby leading
to loss of motive power. The Petitioners assert that the oil drain plug
gaskets are ``paint-camouflaged'' and ``fused to either the plug or
pan.'' It is alleged that when the oil of the subject vehicles is being
changed, there is an increased likelihood of failing to remove the
existing drain plug gasket before applying a new one, an act commonly
referred to as either double-gasketing or stacking gaskets. The
Petitioners indicate that the absence of necessary technical
information for changing oil in H/K vehicles' owner's manuals
[[Page 75641]]
contributes to the improper application of multiple drain plug gaskets.
Additionally, the Petitioners allege that the subject vehicles' oil
pans have insufficient structural integrity. The Petitioners state that
the ``overall flimsy pan material'' contributes to the loosening of the
drain plugs and leads to cracks developing in the oil pans. The
petition cites five examples of vehicles with oil pans that were
identified as containing cracks and provides supporting photographs.
Furthermore, the Petitioners assert that H/K should have identified
a safety-related defect in relation to the alleged issue and
communicated such to NHTSA by submitting a Defect and Noncompliance
Information Report, pursuant to applicable federal regulations. The
Petitioners also suggest that the manufacturers should circulate
information addressing the risks associated with their painted oil pan
assemblies in a Technical Service Bulletin (TSB).
The July 13, 2022, petition references eight complaints, which were
reported by consumers directly to NHTSA and ``over 100'' complaints
sourced from professional aftermarket automotive maintenance experts
and consumer forums. In the four supplemental letters to the Agency,
additional complaints were referenced by the Petitioners, bringing the
total number of complaints from all sources to 166. The supplemental
letters also reference an expanded list of subject vehicles and brought
the total to at least 144 model/model year vehicles, representing an
estimated combined population of more than 11.5 million vehicles.
Office of Defects Investigation Analysis
ODI completed a detailed review of the eight Vehicle Owner
Questionnaires (VOQs) which were referenced in the petition. ODI
determined that five of the eight complaints were related to claims of
drain plug back outs leading to loss of motive power and/or permanent
engine damage. The remaining three complaints were not related to the
issues raised by the Petitioners and instead included allegations about
excessive oil consumption and unrelated engine failure. With respect to
the complaints that were related to the issues raised by the
Petitioners, a loss of motive power event was commonly related to a
prior oil change service, conducted either at a dealership or a third-
party service center.
ODI conducted a broad search of NHTSA's database for any additional
VOQs involving all H/K models from MY 2005 through the present. The
database search, which was aimed at locating complaints referencing the
oil drain plug or a crack in the oil pan, produced 46 additional VOQs
that were related to the issues raised by the Petitioners and contained
unique VINs. Of the 51 total related VOQs, there were no reported
collisions or vehicle fires. The vehicle models that represented the
largest percentage of the related VOQs were the Hyundai Sonata with 15
reported complaints, the Hyundai Santa Fe with eight reported
complaints, the Kia Sorento with six reported complaints, and the
Hyundai Tucson with five reported complaints. The failure rates for
individual H/K models represented by the VOQs submitted to NHTSA are
all less than 2 reported occurrences per 100,000 vehicles, which is
relatively low for a population that includes vehicles that have been
in service for more than 10 years.
Based on a review of the available data, the subject failure mode
has not occurred between the initial sale of a vehicle and the
completion of its first oil change. There is insufficient information
to support that a vehicle-based defect exists relating to the oil pan
assembly, and instead the documented incidents appear related to a
failure to follow the proper procedure during an oil change service. It
is noteworthy that the reported failure mileage varies greatly within
both the population of VOQs submitted to NHTSA and the additional
reports referenced by the Petitioners, making it apparent that simply
changing the oil for the first time does not result in the backing out
of the oil drain plug. It is not unusual or unprecedented for a vehicle
to require the removal of an oil drain plug gasket during an oil change
service, and properly trained technicians should be aware of the need
to do so before adding a new gasket and re-installing the oil drain
plug.
A review of the photographs of alleged oil pan cracks revealed that
all examples of the alleged issue were localized to the immediate
vicinity of the oil drain plug. Additionally, multiple photographs
depicted witness marks on the surface of the oil pan, indicating that
direct contact likely occurred between the component and a tool during
servicing. The available information demonstrates that the documented
oil pan damages were likely the result of improper maintenance
procedures rather than defective components.
In further consideration of the issue raised by the Petitioners,
ODI conducted a review of previous Agency investigations and actions
that shared technical similarities. In 2004, ODI opened a Preliminary
Evaluation (later upgraded to an Engineering Analysis) focusing on MY
2003-2005 Honda CR-V vehicles that were experiencing engine compartment
fires. The failures, which were reported to ODI at a rate of more than
30 per 100,000 vehicles, related to an oil leak resulting from the
stacking of oil filter gaskets during an oil change service.\3\ Through
its investigations, ODI determined that technician error was one of the
main contributing factors to the high rate of vehicle fires and
concluded that if the initial oil change was done properly on the
subject vehicles with the original oil filter gasket being removed and
a new one being correctly installed, the elevated risk of fire was
eliminated. The Engineering Analysis was closed in January 2005 without
a field action based on ODI's findings. Conversely, in 2013, an
equipment recall was issued on oil filters manufactured by FRAM Group
Operations, LLC. It was determined that the oil filters, which were
sold for installation on several Subaru models, were manufactured with
improper threading of the base plate, leading to an inadequate seal and
the potential for rapid oil leakage.\4\ These examples demonstrate that
the Agency has not proceeded with recall action on issues that appear
to stem from improper repair procedures, but has acted to remedy
defective components that lead to the loss of engine oil.
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\3\ PE04-018 (2004) Office of Defects Investigations, NHTSA;
EA04-027 (2004) Office of Defects Investigations, NHTSA.
\4\ NHTSA Safety Recall Number 13E-005.
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In October 2023, Hyundai published a TSB with the subject: ``Engine
Oil and Filter Change Service Guidelines.'' \5\ The TSB, which is
applicable to all Hyundai models equipped with gasoline engines,
provides numbered instructions with accompanying photographs and
specifically highlights the need to remove and replace existing drain
plug gaskets prior to reinstalling the drain plug. This TSB reinforces
proper maintenance procedures for oil change service on Hyundai
vehicles.
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\5\ Hyundai TSB 23-EM-005H. (2023) Engine Oil and Filter Change
Service Guidelines.
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After a thorough review of the material submitted by the
Petitioners and other pertinent information available to the Agency,
NHTSA has not identified sufficient evidence of a vehicle-based defect
pertaining to the oil pan assemblies of the subject vehicles. Based on
the available information, it is unlikely that any investigation opened
from the granting of this petition would result in an order concerning
the notification and remedy of a safety-related defect. Consequently,
this petition is denied. The denial of
[[Page 75642]]
this petition does not foreclose the Agency from taking further action
if warranted or making a future finding that a safety-related defect
exists based upon additional information that the Agency may receive.
Authority: 49 U.S.C. 30162(d) and 49 CFR part 552; delegation of
authority at 49 CFR 1.95(a).\6\
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\6\ 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. 2024-20971 Filed 9-13-24; 8:45 am]
BILLING CODE 4910-59-P