[Federal Register Volume 67, Number 106 (Monday, June 3, 2002)]
[Notices]
[Page 38313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13838]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Defect Petition, DP02-003

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Denial of petition for a defect finding.

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SUMMARY: This notice sets forth the reasons for the denial of a 
petition submitted to NHTSA under 49 U.S.C. 30162, requesting that the 
agency vacate the March 7, 1995, settlement agreement between the U.S. 
Department of Transportation (U.S. DOT) and General Motors Corporation 
(GM), and order an immediate recall of the 1973-1987 C/K series pickup 
trucks with the fuel tank mounted outboard of the frame rails. The 
petition is hereinafter identified as DP02-003.

FOR FURTHER INFORMATION CONTACT: Mr. Jonathan White, Office of Defects 
Investigation (ODI), NHTSA, 400 Seventh Street, SW., Washington, DC 
20590. Telephone: (202) 366-5226.

SUPPLEMENTARY INFORMATION: Mr. Jere L. Beasley of Beasley, Allen, Crow, 
Methvin, Portis & Miles, P.C. in Montgomery, AL, submitted a petition 
to NHTSA by letter dated February 27, 2002, requesting that the agency 
vacate the March 7, 1995, settlement agreement between the U.S. DOT and 
GM, and order an immediate recall of the model year 1973-1987 C/K 
series pickup trucks with the fuel tank mounted outboard of the frame 
rails. The petitioner alleges that since the settlement agreement, 
numerous persons have been injured and killed as a result of the 
defective design of the fuel tanks, but has not provided any data in 
support of this allegation.
    On March 7, 1995, the former secretary of the U.S. DOT, Federico 
Pe[ntilde]a, signed a settlement agreement with GM resolving NHTSA's 
defect investigation, EA92-041, involving an alleged fuel system 
integrity defect in model year 1970-1991 C/K pickup trucks. Secretary 
PeZa concluded that the settlement was in the public interest and best 
furthers DOT's interest in vehicle safety. NHTSA subsequently closed 
its defect investigation.
    The settlement allowed the parties to avoid time-consuming, costly 
litigation of a complex matter that raised difficult factual and legal 
issues, and offered an opportunity for meaningful cooperation between 
government and industry to significantly enhance the safety of the 
driving public. The petitioner has not provided information, different 
in kind from that considered by the agency in the past, that leads us 
to conclude that the investigation should be reopened. Therefore, the 
petition is denied.

    Authority: 49 U.S.C. 30162(d); delegations of authority at CFR 
1.50 and 501.8.

    Issued on: May 24, 2002.
Kenneth N. Weinstein,
Associate Administrator for Safety Assurance.
[FR Doc. 02-13838 Filed 5-31-02; 8:45 am]
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