[Federal Register Volume 68, Number 3 (Monday, January 6, 2003)]
[Notices]
[Page 600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-209]



[[Page 600]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Defect Petition, DP02-009

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

ACTION: Denial of petition for a defect recall.

-----------------------------------------------------------------------

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 initiate an investigation of model year (MY) 1995 Dodge Dakota 
vehicles to address an alleged safety-related defect. The petition is 
identified as DP02-009.

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. Edward W. Bailey of Metairie, LA, 
submitted a petition to NHTSA by letter (undated), requesting that 
NHTSA initiate a defect investigation of model year (MY) 1995 Dodge 
Dakota vehicles. The petitioner alleges that the chassis on the 
passenger side of his vehicle cracked behind the right front wheel, 
through no fault of his own, which he believes constitutes a safety 
defect. A review of ODI's database shows that there are nine consumer 
complaints related to frame cracks on MY 1995-96 Dodge Dakota vehicles 
(hereinafter referred to as the subject vehicles), not including the 
petitioner's complaint. No similar complaints were found in the three 
model years (1992, 1993, 1994) prior to the subject vehicle model 
years, and no complaints were found in any model years after the 
subject vehicles. None of the complaints reported loss of control, 
crashes, injuries, or fatalities. Furthermore, a similar review of 
consumer complaints of frame cracks on vehicles that are peers of the 
subject vehicles also shows no reports of loss of control, crashes, 
injuries or fatalities. Most of the complainants who own or owned the 
subject vehicles were contacted to confirm the reported information and 
obtain additional information. The average mileage at failure of the 
frame on the subject vehicles was reported by consumers to be 
approximately 93,000.
    After review and analysis of all the available information, it does 
not appear that cracking of the frame in the subject vehicles at the 
rate reported constitutes a defect in vehicles that average 93,000 
miles. This is especially true given that there have been no reported 
crashes, injuries, or deaths. Therefore, we do not believe that an 
investigation would result in the identification of a potential safety-
related defect and this petition is denied.
    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: December 22, 2002.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-209 Filed 1-3-03; 8:45 am]
BILLING CODE 4910-59-P