Denial of Motor Vehicle Defect Petition, DP19-004, 43579-43580 [2021-16927]

Download as PDF Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Notices lotter on DSK11XQN23PROD with NOTICES1 failure of the reverse lights to illuminate when shifting the vehicle into reverse. The petitioner described the fault as detachment of the actuator inside the manual transmission. This led to a failure of the actuator to make contact with the reversing light switch which is threaded into the transmission from the outside. 4. Office of Defects Investigation Analysis The reversing lights provide a warning to other drivers and pedestrians when the vehicle is reversing. The reversing lights also provide some illumination for the driver when reversing at night. Failure of the reversing lights can cause an increased hazard to the vehicle, its occupants, surrounding vehicles and nearby pedestrians. As of April 14, 2021, NHTSA has identified only one consumer complaint alleging a failure of the reversing lights in NHTSA’s database. This complaint was received from the petitioner. Neither NHTSA nor Porsche have received any allegations of crashes or injuries associated with the failure of the reversing lights to illuminate. Porsche determined that the reversing lights on the MY 2012–2015 Porsche Carrera vehicles were becoming inoperative due to the failure of the transmission side actuation mechanism. Porsche determined the weld between the shift rod and the stopper plate was below manufacturing specifications in some vehicles due to production weld process variations. Porsche modified production weld specifications to improve the strength and consistency of the weld joint between the shift rod and stopper plate. In January 2021, Porsche initiated a Service Action (228/20) on MY 2012– 2015 Porsche Carrera vehicles with active notification of potentially affected customers to remedy the reversing light failure in the affected vehicles. Warranty coverage on the affected components has been extended to 15 years from the new vehicle delivery date with unlimited mileage. Porsche will replace the transmission in the affected vehicles with a new transmission with the modified weld specifications for the shift rod-stopper plate joint. NHTSA believes there is a high likelihood that many affected vehicles will be remedied with this action. After thoroughly assessing the material submitted by the petitioner, information already in NHTSA’s possession, information submitted by Porsche in response to an Information Request letter and the potential risks to safety implicated by the petitioner’s VerDate Sep<11>2014 17:26 Aug 06, 2021 Jkt 253001 allegation, as well as Service Action (228/20) initiated by Porsche offering extended warranty coverage, NHTSA does not believe that a formal investigation is warranted. After full consideration of appropriate factors, the petition is denied. 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. 2021–16926 Filed 8–6–21; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2019–0105] Denial of Motor Vehicle Defect Petition, DP19–004 National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Denial of petition for a defect investigation. AGENCY: 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 SUMMARY: PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 43579 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 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. 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. E:\FR\FM\09AUN1.SGM 09AUN1 43580 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Notices Authority: 49 U.S.C. 30162(d); delegations of authority at CFR 1.50 and 501.8. Ground Rules ➢ Board actions taken only in designated areas on agenda discuss the status of audit reports for registration year 2020 that were due on June 1, 2021. Joseph Kolly, Acting, Associate Administrator for Enforcement. IV. Approval of Minutes of the June 8, 2021 UCR Board Meeting—UCR Board Chair B. Motor Carriers Inspected That Should Have Been (SHB) Cited for Not Having Valid UCR Registration During Recent Roadside Inspections—UCR Audit Subcommittee Chair [FR Doc. 2021–16927 Filed 8–6–21; 8:45 am] For Discussion and Possible Action Draft Minutes of the June 8, 2021 Board meeting will be reviewed. The Board will consider action to approve. BILLING CODE 4910–59–P UNIFIED CARRIER REGISTRATION PLAN Sunshine Act Meeting Notice; Unified Carrier Registration Plan Board of Directors Meeting August 12, 2021, from 12:00 p.m. to 3:00 p.m., Eastern time. TIME AND DATE: This meeting will be accessible via conference call and screensharing. Any interested person may call 877– 853–5247 (US toll free), 888–788–0099 (US toll free), +1 929–205–6099 (US toll), or +1 669–900–6833 (US toll), Conference ID 995 6487 9014, to participate in the meeting. The website to participate via Zoom meeting and screenshare is https://kellen.zoom.us/j/ 99564879014. PLACE: STATUS: This meeting will be open to the public. The Unified Carrier Registration Plan Board of Directors (the ‘‘Board’’) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement. The subject matter of the meeting will include: MATTERS TO BE CONSIDERED: Agenda I. Welcome and Call to Order—UCR Board Chair The UCR Board Chair will welcome attendees, call the meeting to order, call roll for the Board, confirm the presence of a quorum, and facilitate selfintroductions. II. Verification of Meeting Notice—UCR Executive Director lotter on DSK11XQN23PROD with NOTICES1 The UCR Executive Director will verify publication of the meeting notice on the UCR website and distribution to the UCR contact list via email followed by subsequent publication of the notice in the Federal Register. III. Review and Approval of Board Agenda—UCR Board Chair For Discussion and Possible Action The proposed Agenda will be reviewed, and the Board will consider adoption. VerDate Sep<11>2014 17:26 Aug 06, 2021 Jkt 253001 V. Report of the Federal Motor Carrier Safety Administration (FMCSA)— FMCSA Representative The FMCSA will provide a report on any relevant activity. VI. Updates Concerning UCR Legislation—UCR Board Chair The UCR Board Chair will call for any updates regarding UCR legislation since the last Board meeting. VII. Chief Legal Officer Report—UCR Chief Legal Officer The UCR Chief Legal Officer will provide an update on all relevant legal matters regarding the UCR. VIII. UCR Pilot Projects 2021/2022— UCR Executive Director and DSL Transportation Services, Inc. For Discussion and Possible Action The UCR Executive Director and DSL Transportation Services, Inc., will lead a discussion regarding potential pilot projects that UCR may pursue to optimize registration compliance. The Board may take action to proceed with one or more pilot projects on the same or amended terms as recommended by the UCR Finance Subcommittee. The UCR Finance Subcommittee recommends the Board proceed with the pilot projects. IX. 2022 UCR Planned Meeting Schedule—UCR Executive Director The UCR Executive Director will present the proposed meeting schedule of the Board and the UCR Subcommittees and facilitate a discussion regarding telephonic and inperson meetings in calendar year 2022. X. Subcommittee Reports Audit Subcommittee—UCR Audit Subcommittee Chair A. State UCR Audit Reports for Registration Year 2020—UCR Audit Subcommittee Chair For Discussion and Possible Action The UCR Audit Subcommittee Chair will lead a discussion regarding the states’ obligations to complete audit reports for registration year 2020 and PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 For Discussion and Possible Action The UCR Audit Subcommittee Chair will lead a discussion on what a SHB is, where to locate your state’s SHBs, and review the states’ obligations to followup with these motor carriers. Finance Subcommittee—UCR Finance Subcommittee Chair A. 2023 Registration Fee Change Recommendation—UCR Finance Subcommittee Chair and UCR Depository Manager For Discussion and Possible Board Action The UCR Finance Subcommittee Chair and the UCR Depository Manager will discuss the results of an analysis of actual and forecasted 2021 registration year revenue for the purpose of proposing a fee change recommendation for the 2023 registration year. In addition, the discussion will include potential adjustments to the 2023 administrative operating budget that will affect the fee change calculations. The Board may take action to recommend both fee and administrative operating budget changes to the Secretary of the U.S. Department of Transportation (US DOT) for the 2023 UCR registration year. The UCR Finance Subcommittee recommends the Board adopt a recommendation containing both fee and administrative operating budget changes to the Secretary of the US DOT for the 2023 registration year. B. Maturing of Certificate of Deposit— UCR Depository Manager For Discussion and Possible Board Action The UCR Depository Manager will provide an update on the CD maturing in August 2021. The Board may take action to reinvest the proceeds. The UCR Finance Subcommittee recommends the Board reinvest $2,650,000.00 in a CD at the Bank of North Dakota for three months at the prevailing rate of interest at the time of investment. E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

[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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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]
BILLING CODE 4910-59-P