[Federal Register Volume 67, Number 164 (Friday, August 23, 2002)]
[Notices]
[Pages 54695-54696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21574]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Defect Petition

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Denial of petition for a defect investigation.

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SUMMARY: This notice sets forth the reasons for the denial of a 
petition submitted by Mr. William H. Muzzy III, dated January 23, 2001, 
to NHTSA under 49 U.S.C. 30162, requesting that the agency commence a 
proceeding to determine the existence of a defect related to motor 
vehicle safety in model year 1990 through 1995 Toyota 4Runner vehicles. 
After a review of the petition and other information, NHTSA has 
concluded that further expenditure of

[[Page 54696]]

the agency's investigative resources on the issues raised by the 
petition does not appear to be warranted. The agency accordingly has 
denied the petition. The petition is hereinafter identified as DP02-
002.

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

SUPPLEMENTARY INFORMATION: By letter dated January 23, 2001, Mr. 
William H. Muzzy III, submitted a petition requesting that the agency 
investigate the rear seat belt routing in model year (MY) 1990 through 
1995 Toyota 4Runner vehicles (subject vehicles). The petitioner alleges 
that when the second row (rear) seat is folded down and then placed in 
its upright position, the outboard seat belt webbings can become caught 
behind the folding seat back latches. When this occurs, the seat belt 
routing is no longer proper, and occupant(s) using the seat belts in 
this condition would not be properly restrained. The petitioner alleges 
this seat belt misrouting condition has resulted in a serious injury 
and a fatality for the rear seat occupants of a subject vehicle that 
was in an accident. Finally, the petitioner alleges that the warning 
labels near the rear seat and the warning in the owner's manual for 
misrouting of rear seat belts are inadequate.
    In response to ODI's information request letter, Toyota Motor North 
America, Inc. (Toyota), indicated that it has received one complaint of 
a damaged rear outboard seat belt because of possible contact with the 
rear seat back striker. Also, there has been one lawsuit filed against 
Toyota involving the aforementioned accident. ODI has not received any 
other reports of similar seat belt misrouting on the subject vehicles.
    Considering the fact that over 367,000 subject vehicles were 
produced and the average vehicle age is about 10 years, the probability 
for the aforementioned rear seat outboard seat belt misrouting 
condition to occur, go unnoticed, and subsequently result in an injury 
and/or a fatality is extremely low. Further, warning notices to prevent 
seat belt misrouting are near the rear seat and in the owner's manual.
    In view of the foregoing, it is unlikely that NHTSA would issue an 
order for the notification and remedy of the alleged defect as defined 
by the petitioner at the conclusion of the investigation requested in 
the petition. Therefore, in view of the need to allocate and prioritize 
NHTSA's limited resources to best accomplish the agency's safety 
mission, the petition is denied.

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

    Issued on: August 16, 2002.
Kenneth N. Weinstein,
Associate Administrator for Safety Assurance.
[FR Doc. 02-21574 Filed 8-22-02; 8:45 am]
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