Denial of Motor Vehicle Defect Petition, DP19-004

Topics:  Toyota

Joseph Kolly
National Highway Traffic Safety Administration
9 August 2021

[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Notices]
[Pages 43579-43580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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withdrawn the petition, we are denying the petition as moot.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.

[[Page 43580]]

    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]
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