96-24574. Denial of Motor Vehicle Defect Petition  

  • [Federal Register Volume 61, Number 187 (Wednesday, September 25, 1996)]
    [Notices]
    [Page 50372]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-24574]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Denial of Motor Vehicle Defect Petition
    
        This notice sets forth the reasons for the denial of a petition 
    submitted to NHTSA under 49 U.S.C. Sec. 30162 for the agency to 
    commence a proceeding to determine the existence of a defect related to 
    motor vehicle safety.
        On February 28, 1996, Mr. R.A. Whitfield of Crownsville, Maryland, 
    submitted a petition asking NHTSA to determine whether the Suzuki 
    Samurai 4x4 convertible sport utility vehicle contains a safety-related 
    defect. The petition describes the alleged defect in this vehicle as a 
    particular vulnerability to untripped or ``friction'' rollovers that do 
    not require tripping of the vehicle (e.g. from an impact between the 
    wheels and a curb) to initiate the roll, but instead occur in tight 
    turns or crash avoidance maneuvers and result from the lateral drag of 
    friction generated by the tires and the roadway surface. The petitioner 
    attributed this untripped rollover vulnerability to what he 
    characterized as the vehicle's very low roll stability and light 
    weight, as well as to the high ratio of the occupants' mass to the 
    vehicle mass, especially when the Samurai is loaded with passengers. 
    Additionally, the petitioner asked NHTSA to determine whether the 
    vehicle can safely carry passengers up to its claimed gross vehicle 
    weight rating.
        In 1988, the agency investigated the alleged rollover propensity of 
    the Suzuki Samurai and two variants of this vehicle, the SJ410 and 
    LJ80, in response to two petitions (DP88-011 and DP88-019). In the 
    course of this investigation, NHTSA conducted its own vehicle testing 
    and analyzed a large body of data, including accident and test data of 
    these and other vehicles. However, NHTSA did not decide that the 
    Samurai vehicles contained a safety-related defect, largely because the 
    information available did not show that the rollover accidents were 
    caused by a defect in the vehicle rather than by driver and/or 
    environmental factors.
        This petition did not provide any significant new evidence that 
    bears on the issue of whether a safety-related defect exists in the 
    Samurai. The only ``new'' information presented in the petition was the 
    allegation that the Samurai 4x4 convertible sport utility vehicles 
    cannot safely carry the number of occupants for which it has seats 
    without affecting its propensity to roll over in a fatal crash.
        The petitioner asserted that the cause of the subject vehicle's 
    apparent disproportionate involvement in single-vehicle rollover-
    initiated fatal crashes is the very low roll stability and the high 
    ratio of the occupants' mass to the vehicle mass, especially when the 
    Samurai is loaded with passengers. This conclusion relies heavily on a 
    statistical regression analysis which shows that the Suzuki Samurai 4x4 
    convertible has a higher percentage of identified friction rollovers in 
    fatal, single-vehicle crashes as the number of its occupants increases. 
    The petitioner further concluded that additional control variables such 
    as roadway speed limit, driver age, and pavement condition are not 
    statistically significant.
        Contrary to the petitioner's analysis, the Samurai has a track 
    width to center of gravity ratio higher than that of most other light 
    sports utility vehicles. This ratio has been demonstrated to have a 
    fundamental effect on the rollover propensity of vehicles.
        Those vehicles with higher ratios tend to have lower rollover 
    propensity. There is also evidence that the subject vehicle has a lower 
    sensitivity to mass ratio than many other sport utility vehicles. 
    Vehicles with a higher sensitivity to mass ratio demonstrate an 
    increased propensity for rollover with the addition of mass that raises 
    their center of gravity.
        Based on a statistical analysis, the petitioner stated that more 
    than 5,000 persons were occupants in Suzuki Samurai light utility 
    vehicles that rolled over in single-vehicle crashes during 1988-1993 
    and more than 1,700 of these occupants were injured. He also stated 
    that 46 percent of all Suzuki Samurai crashes in 1992-1993 were 
    untripped rollover crashes. These are not actual numbers but estimates 
    based on a very small sample size, which neglect many unknown 
    variables, especially the driver and environmental factors. Moreover, 
    one must always exercise great caution in the use of public reported 
    accident statistics in evaluating alleged defects, such as that 
    addressed in this petition. These statistics are heavily influenced by 
    driver and environmental causes that tend to obscure vehicle causes. 
    The petitioner's regression analysis does not overcome this difficulty. 
    In fact, previous investigations demonstrate that many of the rollovers 
    which have occurred appear to have involved adverse driver and 
    environmental factors such as high risk driving maneuvers, drinking, 
    ambient light, vehicle/road familiarity, etc.
        Although the rollover crash involvement rate of the Samurai is no 
    worse than that of most other light utility vehicles, it is 
    significantly higher than most passenger vehicles. In a notice of the 
    denial of a petition for rulemaking (52 FR 49037, December 29, 1987), 
    NHTSA stated that while the agency recognized the existence of a higher 
    rollover rate in light utility vehicles, there was no basis for 
    proceeding with rulemaking based on stability factors alone because of 
    the importance of other vehicle factors, the lack of predictiveness of 
    the stability factor for vehicle rollover involvement, and statutory 
    limitations that may preclude standards that have the effect of 
    eliminating classes of motor vehicles. Similarly, the stability factor 
    distinction does not appear to be an appropriate basis on which to 
    conduct a defect investigation analysis.
        After reviewing the petition and its supporting materials, as well 
    as information furnished by Suzuki and within the agencys possession 
    from previous rulemaking proceedings and other actions, NHTSA has 
    concluded that further investigation of the Suzuki Samurais rollover 
    propensity is not likely to lead to a decision that the vehicle 
    contains a safety-related defect and that a further commitment of 
    agency resources on this matter is not warranted. The agency has 
    accordingly denied the petition.
    
        Authority: 49 U.S.C. 30162 (d); delegations of authority at CFR 
    1.50 and 501.8.
    
        Issued on: September 19, 1996.
    Michael B. Brownlee,
    Associate Administrator for Safety Assurance.
    [FR Doc. 96-24574 Filed 9-24-96; 8:45 am]
    BILLING CODE 4910-59-P
    
    
    

Document Information

Published:
09/25/1996
Department:
Transportation Department
Entry Type:
Notice
Document Number:
96-24574
Pages:
50372-50372 (1 pages)
PDF File:
96-24574.pdf