[Federal Register Volume 68, Number 149 (Monday, August 4, 2003)]
[Notices]
[Pages 45892-45893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19750]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Defect Petition, DP03-005

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

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 to NHTSA under 49 U.S.C. 30162, requesting that the 
agency investigate an alleged defect with respect to the brake rotors 
on model year (MY) 2002 Nissan Xterra vehicles. The petition is 
identified as DP03-005.

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. Kent Jones of Kernersville, NC, 
submitted a petition to NHTSA by e-mail dated July 1, 2003, requesting 
NHTSA to investigate the brake rotors on MY 2002 Nissan Xterra 
vehicles. The petitioner alleged that the brake rotors in these 
vehicles overheat and warp from normal usage (alleged defect).
    A review of ODI's database for complaints regarding MY 2001 through 
MY 2003 Nissan Xterra vehicles

[[Page 45893]]

identified only two reports related to brake rotor warping; one for a 
MY 2001 and one for a MY 2002. The complaint for the MY 2002 Nissan 
Xterra was reported by the petitioner.
    Brake rotor warping can result in brake pulsation and shaking when 
the brake is applied. Brake pulsation, tire or suspension vibration, 
and similar conditions, while an obvious annoyance to the driver, 
generally do not cause a driver to lose control of a vehicle. 
Furthermore, even if left uncorrected, any potential increase in 
stopping distance will be negligible. Therefore, this condition does 
not normally constitute a safety defect, even if it occurs with far 
more frequency.
    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 MY 2002 Nissan Xterra 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: July 29, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-19750 Filed 8-1-03; 8:45 am]
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