Denial of Motor Vehicle Defect Petition, DP24-002
| Published date | 17 July 2024 |
| Record Number | 2024-15642 |
| Citation | 89 FR 58245 |
| Court | National Highway Traffic Safety Administration |
| Section | Notices |
Federal Register, Volume 89 Issue 137 (Wednesday, July 17, 2024)
[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Notices]
[Page 58245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15642]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2024-0036]
Denial of Motor Vehicle Defect Petition, DP24-002
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Denial of a petition for a defect investigation.
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SUMMARY: This notice sets forth the reasons for the denial of a defect
petition, DP24-002, submitted by Ms. Elizabeth Margulies (the
Petitioner) to NHTSA (the Agency) by a letter dated February 15, 2024.
The petition requests that the Agency initiate a safety defect
investigation into loss of motive power incidents attributed to
vehicles manufactured by Kia America, Inc. (Kia) equipped with 3.3 L
Lambda-II engines. After conducting a technical review of the petition
and other information, NHTSA's Office of Defects Investigation (ODI)
has concluded that that the issues raised by the petition do not
warrant a new defect investigation. Peer vehicles equipped with the 3.3
L Lambda-II engine are already being considered in an open
investigation into allegations of loss of motive power for Model Year
(MY) 2016-2017 Kia Sorento vehicles equipped with the same 3.3 L
Lambda-II engine. Accordingly, the Agency has denied the petition as
moot.
FOR FURTHER INFORMATION CONTACT: David Engel, Vehicle Defect Division
C, Office of Defects Investigation, NHTSA, 1200 New Jersey Avenue SE,
Washington, DC, 20590. Telephone: 202-366-0385. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Introduction
Interested persons may petition NHTSA requesting that the Agency
initiate an investigation to determine whether a motor vehicle or an
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 U.S.C. 30162(a)(2); 49 CFR 552.6. The technical review
may consist solely of a review of information already in the possession
of the Agency or it may include the collection of information from a
motor vehicle manufacturer and/or other sources. 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 U.S.C. 30162(a)(2);
49 CFR 552.8.
Background Information
The Office of Defects Investigation (ODI) received a petition dated
February 15, 2024, requesting a defect investigation into an alleged
defect of the 3.3L Lambda-II engine equipped in Kia vehicles.\1\ The
Petitioner owns a MY 2016 Kia Sedona with a 3.3 L Lambda-II engine and
addresses concerns with that vehicle, as well as others with that same
engine.
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\1\ The letter also included a request for rulemaking with the
stated goal of ensuring Kia vehicles equipped with the engine at
issue adhere to safety standards that ``effectively mitigate and
rectify the identified defect.'' NHTSA interprets this request as a
part of the Petitioner's request for a defect investigation. The
Vehicle Safety Act provides for a petition to request that NHTSA
``prescribe a motor vehicle safety standard.'' 49 U.S.C.
30162(a)(1); see 49 CFR 552.3(a). Federal Motor Vehicle Safety
Standards (FMVSS) are requirements that apply to new vehicles at the
time of manufacture. See 49 U.S.C. 30111, 30115. The Petitioner is
instead requesting NHTSA take action with respect to an alleged
defect in vehicles already manufactured and certified as compliant
with the FMVSS. A defect petition is the appropriate mechanism to
address the substance of Petitioner's request.
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Summary of Petition
The petition cites allegations of a sudden loss of motive power,
often resulting in an engine seizure. The stall is preceded by a
knocking sound, sudden loss of all oil, and no warning lights.
Office of Defects Investigation Analysis
On November 13, 2023, ODI opened PE23-019 to address allegations of
loss of motive power, on the 3.3L V6 Lambda-II engine for MY 2016-2017
Kia Sorento. Even though the failure mechanism could be considered
different between DP24-001 and PE23-019, the hazard at which it
progresses is the same. PE23-019 includes the MY 2016 Kia Sedona, the
Petitioner's vehicle, as a peer vehicle. The investigation addresses as
peer vehicles all MY 2014-2015 and 2018-2020 Kia Sorento, 2014-2020 Kia
Cadenza, and 2015-2021 Kia Sedona vehicles with 3.3 L engines
manufactured for sale or lease in the United States.
The investigation seeks to identify any hazards associated with
this failure mode and will consider if the allegations cited by the
Petitioner present a risk to vehicle safety. This investigation
includes quantifying the severity and frequency of the alleged loss of
motive power in the peer vehicles.
This investigation is ongoing and addresses the potential safety-
related defect raised by the Petitioner. In view of the open
investigation, PE23-019, ODI is denying the petition as moot. The
Agency will evaluate through PE23-019 if a safety-related defect
exists.
Authority: 49 U.S.C. 30162(d) and 49 CFR part 522; delegation of
authority at 49 CFR 1.95(a).\2\
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\2\ The authority to determine whether to approve or deny defect
petitions under 49 U.S.C. 30162(d) and 49 CFR part 552 has been
further delegated to the Associate Administrator for Enforcement.
Eileen Sullivan,
Associate Administrator for Enforcement.
[FR Doc. 2024-15642 Filed 7-16-24; 8:45 am]
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