[Federal Register Volume 67, Number 189 (Monday, September 30, 2002)]
[Notices]
[Pages 61375-61376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24727]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Defect Petition, DP02-008

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

ACTION: Denial of petition for a defect recall.

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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 compel General Motors Corporation (GM) to recall model year (MY) 
1999 Chevrolet Malibu vehicles to address an alleged safety-related 
defect. The petition is identified as DP02-008.

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. Robert N. Green of Alexandria, VA, 
submitted a petition to NHTSA by letter dated May 21, 2002, requesting 
NHTSA to compel GM to recall MY 1999 Chevrolet Malibu vehicles (subject 
vehicles). The petitioner alleges that the engine coolant in his MY 
1999 Chevrolet Malibu boils over, the low coolant red warning light 
comes on, and the coolant system reservoir requires frequent refilling. 
He believes that the alleged defect causes safety problems.
    GM has issued two Technical Service Bulletins (TSB) that may 
pertain to the alleged defect. TSB No. 99-06-02-009, issued in March 
1999, concerns malfunction of the check valve in the coolant pressure 
cap in the subject vehicles, which may cause one or more of the 
following conditions: coolant leaks, the low coolant light to come on, 
overheating or no heat, odors coming from the air conditioning system, 
and no start. The TSB applies to MY 1999 Chevrolet Malibu and Cavalier, 
Oldsmobile Alero and Cutlass, Pontiac Grand AM and Sunfire, and 
Chevrolet and GMC Silverado and Sierra vehicles. The second TSB, No. 
00-06-02-001, issued in January 2000, concerns a radiator filler neck 
that may have an

[[Page 61376]]

imperfection in the sealing surface that may cause one or more of the 
following conditions: engine running hot, engine overheating, loss of 
coolant, and low coolant message. The TSB applies to all MY 1999-2000 
passenger cars and trucks with a composite radiator end tank.
    A review of ODI's database shows that there are nine consumer 
complaints related to the engine cooling system in the subject 
vehicles. Five complaints allege that coolant leaked from the engine's 
intake manifold gasket; two complaints allege that the engine 
overheated due to an unspecified coolant leak; one complaint alleges 
that there was a smell of engine coolant; and one complaint alleges an 
unspecified coolant problem. None of the complaints reported any 
coolant-related fire or injury. Furthermore, a similar review of 
consumer complaints about the other vehicles covered by the 
aforementioned TSBs also shows no reports of coolant-related fire or 
injury.
    Based on our evaluation of the petition, the ODI complaints, and 
the TSBs, the cooling system defect alleged in the petition does not 
appear to be related to motor vehicle safety within the meaning of our 
statute.
    In view of the foregoing, it is unlikely that NHTSA would issue an 
order for the notification and remedy of an alleged safety-related 
defect as defined by the petitioner in the subject vehicles at the 
conclusion of an investigation. 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: September 24, 2002.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 02-24727 Filed 9-27-02; 8:45 am]
BILLING CODE 4910-59-P