[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Notices]
[Page 58245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15642]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2024-0036]


Denial of Motor Vehicle Defect Petition, DP24-002

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

ACTION: Denial of a petition for a defect investigation.

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SUMMARY: This notice sets forth the reasons for the denial of a defect 
petition, DP24-002, submitted by Ms. Elizabeth Margulies (the 
Petitioner) to NHTSA (the Agency) by a letter dated February 15, 2024. 
The petition requests that the Agency initiate a safety defect 
investigation into loss of motive power incidents attributed to 
vehicles manufactured by Kia America, Inc. (Kia) equipped with 3.3 L 
Lambda-II engines. After conducting a technical review of the petition 
and other information, NHTSA's Office of Defects Investigation (ODI) 
has concluded that that the issues raised by the petition do not 
warrant a new defect investigation. Peer vehicles equipped with the 3.3 
L Lambda-II engine are already being considered in an open 
investigation into allegations of loss of motive power for Model Year 
(MY) 2016-2017 Kia Sorento vehicles equipped with the same 3.3 L 
Lambda-II engine. Accordingly, the Agency has denied the petition as 
moot.

FOR FURTHER INFORMATION CONTACT: David Engel, Vehicle Defect Division 
C, Office of Defects Investigation, NHTSA, 1200 New Jersey Avenue SE, 
Washington, DC, 20590. Telephone: 202-366-0385. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Introduction

    Interested persons may petition NHTSA requesting that the Agency 
initiate an investigation to determine whether a motor vehicle or an 
item of replacement equipment does not comply with an applicable motor 
vehicle safety standard or contains a defect that relates to motor 
vehicle safety. 49 U.S.C. 30162(a)(2); 49 CFR 552.1. Upon receipt of a 
properly filed petition, the Agency conducts a technical review of the 
petition, material submitted with the petition and any additional 
information. 49 U.S.C. 30162(a)(2); 49 CFR 552.6. The technical review 
may consist solely of a review of information already in the possession 
of the Agency or it may include the collection of information from a 
motor vehicle manufacturer and/or other sources. After conducting the 
technical review and considering appropriate factors, which may 
include, but are not limited to, the nature of the complaint, 
allocation of Agency resources, Agency priorities, the likelihood of 
uncovering sufficient evidence to establish the existence of a defect 
and the likelihood of success in any necessary enforcement litigation, 
the Agency will grant or deny the petition. See 49 U.S.C. 30162(a)(2); 
49 CFR 552.8.

Background Information

    The Office of Defects Investigation (ODI) received a petition dated 
February 15, 2024, requesting a defect investigation into an alleged 
defect of the 3.3L Lambda-II engine equipped in Kia vehicles.\1\ The 
Petitioner owns a MY 2016 Kia Sedona with a 3.3 L Lambda-II engine and 
addresses concerns with that vehicle, as well as others with that same 
engine.
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    \1\ The letter also included a request for rulemaking with the 
stated goal of ensuring Kia vehicles equipped with the engine at 
issue adhere to safety standards that ``effectively mitigate and 
rectify the identified defect.'' NHTSA interprets this request as a 
part of the Petitioner's request for a defect investigation. The 
Vehicle Safety Act provides for a petition to request that NHTSA 
``prescribe a motor vehicle safety standard.'' 49 U.S.C. 
30162(a)(1); see 49 CFR 552.3(a). Federal Motor Vehicle Safety 
Standards (FMVSS) are requirements that apply to new vehicles at the 
time of manufacture. See 49 U.S.C. 30111, 30115. The Petitioner is 
instead requesting NHTSA take action with respect to an alleged 
defect in vehicles already manufactured and certified as compliant 
with the FMVSS. A defect petition is the appropriate mechanism to 
address the substance of Petitioner's request.
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Summary of Petition

    The petition cites allegations of a sudden loss of motive power, 
often resulting in an engine seizure. The stall is preceded by a 
knocking sound, sudden loss of all oil, and no warning lights.

Office of Defects Investigation Analysis

    On November 13, 2023, ODI opened PE23-019 to address allegations of 
loss of motive power, on the 3.3L V6 Lambda-II engine for MY 2016-2017 
Kia Sorento. Even though the failure mechanism could be considered 
different between DP24-001 and PE23-019, the hazard at which it 
progresses is the same. PE23-019 includes the MY 2016 Kia Sedona, the 
Petitioner's vehicle, as a peer vehicle. The investigation addresses as 
peer vehicles all MY 2014-2015 and 2018-2020 Kia Sorento, 2014-2020 Kia 
Cadenza, and 2015-2021 Kia Sedona vehicles with 3.3 L engines 
manufactured for sale or lease in the United States.
    The investigation seeks to identify any hazards associated with 
this failure mode and will consider if the allegations cited by the 
Petitioner present a risk to vehicle safety. This investigation 
includes quantifying the severity and frequency of the alleged loss of 
motive power in the peer vehicles.
    This investigation is ongoing and addresses the potential safety-
related defect raised by the Petitioner. In view of the open 
investigation, PE23-019, ODI is denying the petition as moot. The 
Agency will evaluate through PE23-019 if a safety-related defect 
exists.
    Authority: 49 U.S.C. 30162(d) and 49 CFR part 522; delegation of 
authority at 49 CFR 1.95(a).\2\
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    \2\ The authority to determine whether to approve or deny defect 
petitions under 49 U.S.C. 30162(d) and 49 CFR part 552 has been 
further delegated to the Associate Administrator for Enforcement.

Eileen Sullivan,
Associate Administrator for Enforcement.
[FR Doc. 2024-15642 Filed 7-16-24; 8:45 am]
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