Denial of Motor Vehicle Defect Petition |
|---|
Topics: National Highway Traffic Safety Administration, Toyota Corolla
|
Claude H. Harris
Federal Register
August 17, 2011
[Federal Register Volume 76, Number 159 (Wednesday, August 17, 2011)]
[Notices]
[Pages 51120-51122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20989]
-----------------------------------------------------------------------
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 motor vehicle defect petition.
-----------------------------------------------------------------------
SUMMARY: This document denies a March 2, 2010 petition from Fred and
Susan Maynard of Williamsburg, Virginia, requesting that the agency
open an investigation into the ``air bag systems failure'' that they
experienced in their model year (MY) 2008 Toyota Corolla. After
reviewing the petition and other information, NHTSA has concluded that
further investigation of MY 2008 Toyota Corolla vehicles is unlikely to
result in a determination that a safety-related defect exists. The
agency accordingly denies the petition.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Lee, Vehicle Integrity
Division, Office of Defects Investigation, NHTSA, 1200 New Jersey
Avenue, SE., Washington, DC 20590. Telephone: (202) 366-5236.
SUPPLEMENTARY INFORMATION:
Alleged Problem
The petitioners allege that the frontal air bags in their Toyota
Corolla failed to deploy during a crash into a deer, while the vehicle
was traveling at 55 mph. The petitioners believe the vehicle is
defective because the air bags did not deploy during the crash. As
described by the petitioners, neither the driver nor the front
passenger sustained a significant injury in the crash. It appears that
the deer impacted the front left area of the vehicle, causing the hood
and left front fender to be displaced rearward.\1\ This resulted in
deformation to the soft structural material (sheet metal) above the
vehicle sub-frame.
---------------------------------------------------------------------------
\1\ This is based on an assessment of the vehicle damage shown
in a photograph provided by the petitioners.
---------------------------------------------------------------------------
Air Bag Deployments
There are a number of important aspects to vehicle design. One is
the vehicle structure, including crush zones. Another is the vehicle's
air bag system, which by design discriminates between crashes that
warrant air bag deployment and those that do not. To do this, current
air bag systems sense vehicle deceleration, defined as the change in
vehicle speed over a given period of time, then through the use of a
microprocessor makes a careful assessment of the deceleration.\2\
Overall, the objective of the air bag system is to prevent injuries and
deaths in crashes. In a minor crash, an air bag deployment may not be
warranted, and in fact, may present an additional hazard to the
occupants. Therefore, the system may not initiate air bag deployments
in minor crashes.
---------------------------------------------------------------------------
\2\ For each model of light vehicle, the decision of whether or
not to deploy the front air bags is based on two deceleration
thresholds; a lower threshold below which the air bags must not
deploy, and a slightly higher threshold above which the air bags
must deploy. This results in a narrow range of deceleration between
the lower and upper thresholds where the air bags, by design, may or
may not deploy. This range is carefully chosen by the vehicle
manufacturer so as to meet all regulatory requirements as well as
minimize occupant hazard due to air bag deployment.
---------------------------------------------------------------------------
Due to the very low mass of a deer relative to a Toyota Corolla and
the fact that the impact occurred above the vehicle's sub-frame, it
appears that in this case, the deer impact did not slow
[[Page 51121]]
or decelerate the vehicle sufficiently to deploy the air bags.
Moreover, neither the driver nor the front passenger was seriously
injured. The level of injury reported in this crash is not indicative
of the type of crash in which air bag deployment is expected.
Subject Vehicle Complaints
Aside from the petitioners' complaint, the Office of Defects
Investigation's (ODI) consumer complaint database contains a handful of
other complaints of air bag non-deployment for the subject vehicles. As
of March 31, 2011, out of a population of 170,356 vehicles,\3\ NHTSA
received 9 consumer complaints (including the petitioners' complaint)
of air bag non-deployment in crashes involving MY 2008 Toyota Corollas.
This translates to a rate of 5.3 reported non-deployments for every
100,000 vehicles. Eight of those were frontal crashes. ODI reviewed and
analyzed the 8 crashes. This included an evaluation of the reported
travel speed, object impacted, vehicle damage, level of occupant
injury, and any other available information that would assist in
assessing whether the air bags should have deployed. ODI's review did
not uncover any defect trend of non-deployment of the subject vehicles'
frontal air bags in moderate to severe frontal crashes.
---------------------------------------------------------------------------
\3\ From NHTSA Early Warning Reporting data: number of vehicles
sold in the U.S.
---------------------------------------------------------------------------
ODI also analyzed Early Warning Reporting (EWR) data. Manufacturers
are required to provide the agency with quarterly submissions of EWR
data, which includes reports on incidents involving death(s) or
injury(ies) identified in a claim or notice alleging the death or
injury was caused by a possible defect in the vehicle. As of March 31,
2011, ODI received one injury report on a subject vehicle in Toyota's
EWR data. This report states that the frontal air bags did not deploy
during a pole impact. The report also indicates that the passenger
compartment was not deformed and the occupant injuries were minor in
nature. Based on the available information, while NHTSA has not reached
a definitive conclusion, this does not appear to be the type of crash
that necessarily warrants air bag deployment.
Peer Vehicle Complaints
The Toyota Corolla is not the only vehicle that is the subject of
allegations regarding air bag non-deployments. The ODI database
contains many reports alleging air bag non-deployment in other compact
vehicles. ODI reviewed and analyzed consumer complaints of air bag non-
deployment in comparable MY 2008 compact vehicles: the Chevrolet
Cobalt, Ford Focus, Honda Civic, and Hyundai Elantra vehicles. In doing
so, we were cognizant that historically there have been assertions that
in specific crashes an air bag should have deployed, which were not
always well-founded, or based on any technical analysis. There were 5
reports of non-deployment in a population of 176,471 \4\ Chevrolet
Cobalt vehicles, translating to a rate of 2.8 non-deployments for every
100,000 vehicles. There were 6 reports of non-deployment in a
population of 180,724 Ford Focus vehicles, translating to a rate of 3.3
non-deployments for every 100,000 vehicles. There were 6 reports of
non-deployment in a population of 355,611 Honda Civic vehicles,
translating to a rate of 1.7 non-deployments for every 100,000
vehicles. There were 6 reports of non-deployment in a population of
110,355 Hyundai Elantra vehicles, translating to a rate of 5.4 non-
deployments for every 100,000 vehicles. Thus, air bag non-deployment
complaints for the MY 2008 Toyota Corolla are not substantive when
compared against peer vehicles and do not indicate a significant trend
of non-deployment.
---------------------------------------------------------------------------
\4\ All vehicle population counts in this section are taken from
NHTSA Early Warning Reporting data: number of vehicles sold in the
U.S.
---------------------------------------------------------------------------
Crash Data
NHTSA's review of crash data indicates that the air bag in the MY
2008 Toyota Corolla generally deploys in moderate, severe, and fatal
crashes.
FARS
NHTSA's Fatality Analysis Reporting System (FARS) tracks all fatal
crashes involving motor vehicles in the United States. An analysis of
fatal crashes of 4-door compact vehicles, where the vehicle did not
roll over, and the occupants wore their seat belts, generally indicates
that air bags in MY 2008 Toyota Corollas deploy in fatal crashes.
Specifically, ODI reviewed fatalities of belted drivers in the MY 2008
Toyota Corolla, Ford Focus, Honda Civic, Chevrolet Cobalt, and Hyundai
Elantra. Among these vehicles, the Corolla had the least number of
fatal crashes when compared against other compact vehicles. The FARS
database contains one report of a driver fatality in which the driver
air bag did not deploy in each of a MY 2008 Corolla, Civic, and Focus.
The Elantra and Cobalt reported no driver fatalities in situations
where the air bag did not deploy. However, these two vehicles have the
smallest populations among the peer compact vehicles compared.
NASS
NHTSA's National Automotive Sampling System (NASS) has records of a
sampling of crashes and an analysis that may include, among other
things, a computation of the change in velocity of the vehicle during
the crash impact. A review of this data shows no trend of non-
deployment of the frontal air bags in MY 2008 Toyota Corolla vehicles.
The NASS records contain 26 reports on the subject vehicles. Of the 26
cases, 15 were involved in frontal impact crashes. The remaining cases
were corner, side, or rear impact crashes. Of the 15 frontal crashes,
the frontal air bags deployed in 9 crashes, did not deploy in 5, and in
one crash, information on air bag deployment was not available. In the
5 cases of non-deployment, the change in velocity \5\ did not appear to
be great enough to deploy the air bag, and there were no known moderate
or serious injuries.\6\
---------------------------------------------------------------------------
\5\ In the NASS database, change in velocity is calculated using
an algorithm that takes into account vehicle crush measurements,
weights, vehicle stiffness and other parameters. If crush and/or
overlapping vehicle damage prevents accurate inputs to the automated
program, change in velocity is estimated based on collision
deformation classification (CDC) inputs into the algorithm. In cases
where no change in velocity figure was available in NASS, NHTSA
based its analysis on a visual inspection of photographs of the
vehicle.
\6\ Injuries in vehicle crashes are commonly characterized on
the Abbreviated Injury Scale (AIS). For example, an ``AIS 1'' injury
is specified as a minor injury, ``AIS 2'' as a moderate injury,
``AIS 3'' as a serious injury, etc.
---------------------------------------------------------------------------
Crash Testing
NHTSA's crash tests of the subject vehicles resulted in air bag
deployment in all of the tests.
FMVSS 208
All new passenger cars and lights trucks must comply with Federal
Motor Vehicle Safety Standard (FMVSS) 208, ``Occupant Crash
Protection.'' 49 CFR 571.208. This standard specifies minimum occupant
protection performance levels for the restraint systems in vehicles. In
2005, NHTSA conducted FMVSS 208 compliance tests on five MY 2005 Toyota
Corolla vehicles, which are of the same generation as MY 2008 Corolla
vehicles, and contain the same air bag system design.\7\ These were
full frontal crash tests conducted with test vehicles carrying unbelted
test dummies. The vehicles impacted a fixed barrier at 25 mph. The
frontal air bags deployed in a
[[Page 51122]]
similar time and in a similar way in all five tests.\8\
---------------------------------------------------------------------------
\7\ For purposes of evaluating occupant protection, the results
of crash tests of MY 2005-2008 Toyota Corolla vehicles are
representative for any included model year Corolla.
\8\ FMVSS 208 uses instrumented test dummies and calculates the
values of certain injury criteria. The injury criteria NHTSA
measures for the upper body include ``Head Injury Criterion''
(``HIC''), chest acceleration, chest deflection, and several neck
related performance requirements. In the first test of the MY 2005
Corolla by NHTSA, there were test procedural issues that raised
issues whether certain MY 2005 Corollas manufactured at a specific
assembly plant in Japan might have been in marginal compliance with
FMVSS 208. However, after the test procedural issues were resolved,
all four subsequent test vehicles complied with all FMVSS 208
requirements.
---------------------------------------------------------------------------
NCAP
NHTSA conducts the frontal New Car Assessment Program (NCAP) to
provide consumers with information on the crash performance of
vehicles. The test dummies in NCAP tests are restrained with seat belts
and the vehicles crash into a barrier at 35 mph. There are no specific
criteria which must be met in connection with NCAP tests. Rather,
vehicles are given a safety rating of up to 5 stars in a frontal crash,
side crash, and rollover. The driver's side and passenger's side are
evaluated separately in each of those crashes. In a frontal crash, the
MY 2005-2008 Toyota Corolla received 5-star safety ratings on both the
driver's and passenger's side, which is the highest rating given for
frontal impact crashes.
Conclusion
Based on the information available at the present time, NHTSA does
not believe that a safety-related defect currently exists for air bag
non-deployment in the model year 2008 Toyota Corolla vehicles.
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. However, the agency will continue to monitor this
event and will take further action if warranted by changing future
circumstances.
Authority: 49 U.S.C. 30162(d); delegations of authority at CFR
1.50 and 501.8.
Issued on: August 12, 2011.
Claude H. Harris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2011-20989 Filed 8-16-11; 8:45 am]
BILLING CODE 4910-59-P