[Federal Register: July 8, 2003 (Volume 68, Number 130)]
[Notices]
[Page 40743-40744]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy03-121]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Denial of Motor Vehicle Defect Petition, DP03-002
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Denial of petition for a defect investigation.
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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. 30162, requesting that the
agency investigate alleged steering column failures on model year (MY)
1987-1995 vehicles manufactured by DaimlerChrysler Corporation (DCC).
The petition is identified as DP03-002.
FOR FURTHER INFORMATION CONTACT: Mr. Jonathan White, Office of Defects
Investigation (ODI), NHTSA, 400 Seventh Street, SW., Washington, DC
20590. Telephone: (202) 366-5226.
SUPPLEMENTARY INFORMATION: Mr. Larry A. Sackey, an attorney with the
Law Offices of Herbert Hafif in Claremont, CA, submitted a petition to
NHTSA by letter dated April 18, 2003, requesting NHTSA to further
investigate alleged ``defective collapsible steering shaft systems'' on
all MY 1987-1995 and model vehicles manufactured by DCC, other than
those previously investigated and subsequently recalled. NHTSA had
previously opened investigations PE93-091, PE96-047, and RQ97-004 to
investigate alleged steering column shaft separations on MY 1993 Jeep
Grand Cherokee vehicles, MY 1994-1995 Dodge Ram Series trucks, and MY
1993-1995 Jeep Cherokee/1994-1995 Jeep Grand Cherokee vehicles,
respectively. As a result of the PE investigations, DCC recalled
115,000 units of MY 1993 Grand Wagoneer and Grand Cherokee vehicles
(NHTSA Recall 93V210) and 475,000 units of MY 1994-1995 Dodge Ram
Series Trucks (NHTSA Recall 96V230) to remedy a defect that could allow
the upper and the lower shafts of the collapsible steering column to
separate from each other (alleged defect) resulting in a loss of
steering control. The petitioner alleged that DCC issued the recalls
when they were aware the same defect existed in other MY 1987-1995 DCC
vehicles.
For analytical purposes, ODI has focused on the experience of MY
1993-1995 vehicles, other than those covered by the previous recalls,
in part because 49 U.S.C. 30120(g) limits a manufacturer's obligation
to provide a recall remedy without charge to vehicles less than 10
years old at the time of a defect determination. If the analysis of
these vehicles had identified a potential problem, the scope could have
been expanded in an investigation.
A review of ODI's database shows that there are only six complaints
about the subject vehicles that appear to be related to the alleged
defect. Table 1 shows the make, model, model year, and the receipt date
of each of these complaints:
Table 1.--ODI Database Search Results for Steering Column Shaft Separation Complaints on the Subject Vehicles
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Complaint
Make Model Model year date
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Dodge................................... Dakota................................... 1993 6/95
Dodge................................... Ram...................................... 1993 5/96
Jeep.................................... Grand Cherokee........................... 1995 9/99
Jeep.................................... Grand Cherokee........................... 1995 7/01
Jeep.................................... Cherokee................................. 1994 4/95
Jeep.................................... Cherokee................................. 1995 10/96
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The number of reports is very low, considering the fact that these
vehicles have on average 10 years of usage. The data also show that
there is a lack of a defect trend and recent complaints.
Steering column complaints reported to ODI on the subject vehicles
that do not appear to be related to the alleged defect are shown in
Table 2. Most of these complaints alleged steering column vibration,
looseness, noise, or binding; and a few identified no specific failure.
ODI has not considered complaints of miscellaneous electrical
malfunctions and crash-induced problems. The complaints for MY 1995
Dodge and Plymouth Neon vehicles are also not counted because the
Neon's steering column is not designed to collapse during certain
crashes. Instead, it has a coupler designed to separate during certain
crashes to mitigate crash forces. NHTSA previously investigated these
Neon vehicles (PE94-095, PE96-069, and EA97-009) for inadvertent
steering column coupler separation, and they were recalled (Recall
97V169).
Table 2.--ODI Database Search Results for Steering Column Complaints on
the Subject Vehicles Not Related to the Alleged Defect
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No. of
Model platform complaints Complaint date range
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Cirrus/Stratus................. 1 9/98
Concorde/Intrepid/LHS/New 8 3/95 to 4/00
Yorker.
Caravan/Voyager................ 8 4/95 to 5/01
Cherokee/Grand Cherokee........ 6 10/95 to 2/00
Dakota......................... 6 2/95 to 6/97
Lebaron........................ 4 6/95 to 5/00
Shadow/Spirit/Sundance......... 3 10/96 to 8/97
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[[Page 40744]]
Even if we were to consider the data shown in Table 2, it does not
reflect a failure trend for the subject vehicles as a whole or by
individual models.
Considering the fact that there were over 5 million subject
vehicles manufactured and that these vehicles are 10 years old on
average, the number of alleged defects reported to ODI on the subject
vehicles is extremely low.
In view of the foregoing, it is unlikely that NHTSA would issue an
order for the notification and remedy of an alleged safety-related
defect as defined by the petitioner in the subject vehicles at the
conclusion of an investigation. 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: June 23, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-17200 Filed 7-7-03; 8:45 am]
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