Notice2021-16927
Denial of Motor Vehicle Defect Petition, DP19-004
Primary source
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Published
August 9, 2021
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
On September 19, 2019, Mr. Roger Hogan (the petitioner) submitted a defect petition to NHTSA's Office of Defects Investigation (ODI). The petition requested that the Agency investigate and recall certain Toyota Prius, Prius PHV, Camry Hybrid and Avalon Hybrid vehicles for a brake actuator solenoid valve wear condition that is currently covered under Toyota Customer Support Programs (CSPs) ZJB and ZKK (subject CSPs). NHTSA opened Defect Petition DP19-004 to evaluate the petitioner's request. Subsequently the petitioner informed NHTSA that he was withdrawing the petition. Since the petitioner has withdrawn the petition, we are denying the petition as moot.
Full Text
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<title>Federal Register, Volume 86 Issue 150 (Monday, August 9, 2021)</title>
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[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Notices]
[Pages 43579-43580]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16927]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0105]
Denial of Motor Vehicle Defect Petition, DP19-004
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Denial of petition for a defect investigation.
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SUMMARY: On September 19, 2019, Mr. Roger Hogan (the petitioner)
submitted a defect petition to NHTSA's Office of Defects Investigation
(ODI). The petition requested that the Agency investigate and recall
certain Toyota Prius, Prius PHV, Camry Hybrid and Avalon Hybrid
vehicles for a brake actuator solenoid valve wear condition that is
currently covered under Toyota Customer Support Programs (CSPs) ZJB and
ZKK (subject CSPs). NHTSA opened Defect Petition DP19-004 to evaluate
the petitioner's request. Subsequently the petitioner informed NHTSA
that he was withdrawing the petition. Since the petitioner has
withdrawn the petition, we are denying the petition as moot.
FOR FURTHER INFORMATION CONTACT: Mr. Kareem Habib, Vehicle Defects
Division--D, Office of Defects Investigation, NHTSA, 1200 New Jersey
Ave. SE, Washington, DC 20590 (telephone 202-366-8703).
SUPPLEMENTARY INFORMATION: By letter dated September 19, 2019, Mr.
Roger Hogan (the petitioner) submitted a petition requesting that the
Agency investigate and recall certain Toyota Prius, Prius PHV, Camry
Hybrid and Avalon Hybrid vehicles for a brake actuator solenoid valve
wear condition that is currently covered under Toyota Customer Support
Programs ZJB and ZKK (subject CSPs). Interested persons may petition
NHTSA requesting that the agency initiate an investigation to determine
whether a motor vehicle or 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 CFR 552.6). 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 CFR 552.8.
The petition alleged that Toyota conducted safety recalls D0H and
K0L (NHTSA recalls 13V-235 and 19V-544) to remedy safety defects in the
same component covered by the subject CSPs and that Toyota should also
recall the subject vehicles. In support, the petition identified 117
NHTSA complaints (subject complaints) allegedly related to the subject
CSP condition, including 60 reported crashes.\1\
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\1\ Because the petition is moot, ODI has not confirmed that the
complaints identified in the petition relate to the CSP condition as
alleged by the petitioner.
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On September 30, 2019, ODI opened Defect Petition DP19-004 to
evaluate the petitioner's request for an investigation. The petitioner
subsequently notified the Agency that he was withdrawing his petition.
Because the petitioner has withdrawn the petition, we are denying the
petition as moot.
NHTSA is authorized to issue an order requiring notification and
remedy of a defect if the Agency's investigation shows a defect in the
design, construction, or performance of a motor vehicle that presents
an unreasonable risk to safety. 49 U.S.C. 30102(a)(9), 30118. Because
the petitioner has with withdrawn the petition, the petition is denied
as moot. This action does not constitute a finding by NHTSA that a
safety-related defect does not exist. The Agency notes that it is not
required to receive a defect petition prior to opening a defect
investigation and will take further action if warranted by future
circumstances.
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Authority: 49 U.S.C. 30162(d); delegations of authority at CFR 1.50
and 501.8.
Joseph Kolly,
Acting, Associate Administrator for Enforcement.
[FR Doc. 2021-16927 Filed 8-6-21; 8:45 am]
BILLING CODE 4910-59-P
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