[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Notices]
[Pages 75640-75642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20971]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2024-0059]


Denial of Motor Vehicle Defect Petition, DP22-003

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 (DP22-003) jointly submitted by a consulting firm and four 
automotive associations requesting that the Agency initiate a safety 
defect investigation into the loss of motive power incidents attributed 
to oil drain pan assembly failures on certain Hyundai Motor America, 
Inc. and Kia America, Inc. vehicles spanning Model Years (MY) 2005-
2021. After conducting a technical review of the petition and other 
information, NHTSA's Office of Defects Investigation has concluded that 
the issues raised by the petition do not warrant a defect investigation 
at this time. Accordingly, the Agency has denied the petition.

FOR FURTHER INFORMATION CONTACT: Joseph Teitelman, Vehicle Defect 
Division C, Office of Defects Investigation, NHTSA, 1200 New Jersey 
Avenue SE, Washington, DC 20590. Telephone: (202) 366-3243. 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

    On September 12, 2022, the Office of Defects Investigation (ODI) 
opened a Defect Petition (DP22-003) to evaluate the petition, which was 
jointly submitted by a consulting firm \1\ and four automotive 
associations \2\ (collectively, the ``Petitioners'') to NHTSA (the 
``Agency'') on July 13, 2022. The Petitioners requested that NHTSA 
initiate a safety defect investigation into the oil drain pan 
assemblies of multiple Hyundai and Kia vehicles. The following Hyundai 
and Kia vehicles were referenced in the petition, representing an 
estimated combined population of more than 7.5 million vehicles and 83 
total model/model year vehicles: 2006-2019 Hyundai Sonata, 2013-2018 
Hyundai Santa Fe Sport, 2010-2012 and 2019-2020 Hyundai Santa Fe, 2010-
2015 and 2018-2019 Hyundai Tucson, 2011-2021 Kia Sportage, 2005-2020 
Kia Optima, 2011-2020 Kia Sorento, 2010-2013 Kia Forte, 2010-2013 Kia 
Forte Coup, and 2007-2010 Kia Rondo. The Petitioners submitted four 
supplemental letters to the Agency on January 31, 2023, March 21, 2023, 
May 23, 2023, and August 4, 2023. NHTSA's technical review of the 
petition included a review of the material cited by the Petitioners, 
consumer complaint information in NHTSA's databases, and related dealer 
communications.
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    \1\ Johnson Policy Associates, Inc.
    \2\ Automotive Oil Change Association, Auto Care Association, 
Service Station Dealers Association & Allied Trades, and Automotive 
Service Association.
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Summary of Petition

    The Petitioners assert that the subject vehicles manufactured by 
Hyundai Motor America, Inc. (``Hyundai'') and Kia America, Inc. 
(collectively, ``H/K'') are equipped with oil drain pan assemblies that 
``have experienced unprecedented allegations of mid-interval plug-outs 
thousands of miles after service without malfunction indicator lights 
or the leakage associated with under-tightening an oil drain plug, or a 
plug or pan with damaged threads.'' Additionally, the Petitioners 
allege that the defective oil pan assemblies are causing engines to 
seize and experience a loss of motive power while being operated, often 
at highway speeds. The specific failure mode detailed in the petition 
is the engine oil drain plug ``backing out'' while the vehicle is being 
operated following an oil change. The ``backing out'' of the drain plug 
results in the sudden and rapid draining of engine oil, thereby leading 
to loss of motive power. The Petitioners assert that the oil drain plug 
gaskets are ``paint-camouflaged'' and ``fused to either the plug or 
pan.'' It is alleged that when the oil of the subject vehicles is being 
changed, there is an increased likelihood of failing to remove the 
existing drain plug gasket before applying a new one, an act commonly 
referred to as either double-gasketing or stacking gaskets. The 
Petitioners indicate that the absence of necessary technical 
information for changing oil in H/K vehicles' owner's manuals

[[Page 75641]]

contributes to the improper application of multiple drain plug gaskets.
    Additionally, the Petitioners allege that the subject vehicles' oil 
pans have insufficient structural integrity. The Petitioners state that 
the ``overall flimsy pan material'' contributes to the loosening of the 
drain plugs and leads to cracks developing in the oil pans. The 
petition cites five examples of vehicles with oil pans that were 
identified as containing cracks and provides supporting photographs.
    Furthermore, the Petitioners assert that H/K should have identified 
a safety-related defect in relation to the alleged issue and 
communicated such to NHTSA by submitting a Defect and Noncompliance 
Information Report, pursuant to applicable federal regulations. The 
Petitioners also suggest that the manufacturers should circulate 
information addressing the risks associated with their painted oil pan 
assemblies in a Technical Service Bulletin (TSB).
    The July 13, 2022, petition references eight complaints, which were 
reported by consumers directly to NHTSA and ``over 100'' complaints 
sourced from professional aftermarket automotive maintenance experts 
and consumer forums. In the four supplemental letters to the Agency, 
additional complaints were referenced by the Petitioners, bringing the 
total number of complaints from all sources to 166. The supplemental 
letters also reference an expanded list of subject vehicles and brought 
the total to at least 144 model/model year vehicles, representing an 
estimated combined population of more than 11.5 million vehicles.

Office of Defects Investigation Analysis

    ODI completed a detailed review of the eight Vehicle Owner 
Questionnaires (VOQs) which were referenced in the petition. ODI 
determined that five of the eight complaints were related to claims of 
drain plug back outs leading to loss of motive power and/or permanent 
engine damage. The remaining three complaints were not related to the 
issues raised by the Petitioners and instead included allegations about 
excessive oil consumption and unrelated engine failure. With respect to 
the complaints that were related to the issues raised by the 
Petitioners, a loss of motive power event was commonly related to a 
prior oil change service, conducted either at a dealership or a third-
party service center.
    ODI conducted a broad search of NHTSA's database for any additional 
VOQs involving all H/K models from MY 2005 through the present. The 
database search, which was aimed at locating complaints referencing the 
oil drain plug or a crack in the oil pan, produced 46 additional VOQs 
that were related to the issues raised by the Petitioners and contained 
unique VINs. Of the 51 total related VOQs, there were no reported 
collisions or vehicle fires. The vehicle models that represented the 
largest percentage of the related VOQs were the Hyundai Sonata with 15 
reported complaints, the Hyundai Santa Fe with eight reported 
complaints, the Kia Sorento with six reported complaints, and the 
Hyundai Tucson with five reported complaints. The failure rates for 
individual H/K models represented by the VOQs submitted to NHTSA are 
all less than 2 reported occurrences per 100,000 vehicles, which is 
relatively low for a population that includes vehicles that have been 
in service for more than 10 years.
    Based on a review of the available data, the subject failure mode 
has not occurred between the initial sale of a vehicle and the 
completion of its first oil change. There is insufficient information 
to support that a vehicle-based defect exists relating to the oil pan 
assembly, and instead the documented incidents appear related to a 
failure to follow the proper procedure during an oil change service. It 
is noteworthy that the reported failure mileage varies greatly within 
both the population of VOQs submitted to NHTSA and the additional 
reports referenced by the Petitioners, making it apparent that simply 
changing the oil for the first time does not result in the backing out 
of the oil drain plug. It is not unusual or unprecedented for a vehicle 
to require the removal of an oil drain plug gasket during an oil change 
service, and properly trained technicians should be aware of the need 
to do so before adding a new gasket and re-installing the oil drain 
plug.
    A review of the photographs of alleged oil pan cracks revealed that 
all examples of the alleged issue were localized to the immediate 
vicinity of the oil drain plug. Additionally, multiple photographs 
depicted witness marks on the surface of the oil pan, indicating that 
direct contact likely occurred between the component and a tool during 
servicing. The available information demonstrates that the documented 
oil pan damages were likely the result of improper maintenance 
procedures rather than defective components.
    In further consideration of the issue raised by the Petitioners, 
ODI conducted a review of previous Agency investigations and actions 
that shared technical similarities. In 2004, ODI opened a Preliminary 
Evaluation (later upgraded to an Engineering Analysis) focusing on MY 
2003-2005 Honda CR-V vehicles that were experiencing engine compartment 
fires. The failures, which were reported to ODI at a rate of more than 
30 per 100,000 vehicles, related to an oil leak resulting from the 
stacking of oil filter gaskets during an oil change service.\3\ Through 
its investigations, ODI determined that technician error was one of the 
main contributing factors to the high rate of vehicle fires and 
concluded that if the initial oil change was done properly on the 
subject vehicles with the original oil filter gasket being removed and 
a new one being correctly installed, the elevated risk of fire was 
eliminated. The Engineering Analysis was closed in January 2005 without 
a field action based on ODI's findings. Conversely, in 2013, an 
equipment recall was issued on oil filters manufactured by FRAM Group 
Operations, LLC. It was determined that the oil filters, which were 
sold for installation on several Subaru models, were manufactured with 
improper threading of the base plate, leading to an inadequate seal and 
the potential for rapid oil leakage.\4\ These examples demonstrate that 
the Agency has not proceeded with recall action on issues that appear 
to stem from improper repair procedures, but has acted to remedy 
defective components that lead to the loss of engine oil.
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    \3\ PE04-018 (2004) Office of Defects Investigations, NHTSA; 
EA04-027 (2004) Office of Defects Investigations, NHTSA.
    \4\ NHTSA Safety Recall Number 13E-005.
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    In October 2023, Hyundai published a TSB with the subject: ``Engine 
Oil and Filter Change Service Guidelines.'' \5\ The TSB, which is 
applicable to all Hyundai models equipped with gasoline engines, 
provides numbered instructions with accompanying photographs and 
specifically highlights the need to remove and replace existing drain 
plug gaskets prior to reinstalling the drain plug. This TSB reinforces 
proper maintenance procedures for oil change service on Hyundai 
vehicles.
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    \5\ Hyundai TSB 23-EM-005H. (2023) Engine Oil and Filter Change 
Service Guidelines.
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    After a thorough review of the material submitted by the 
Petitioners and other pertinent information available to the Agency, 
NHTSA has not identified sufficient evidence of a vehicle-based defect 
pertaining to the oil pan assemblies of the subject vehicles. Based on 
the available information, it is unlikely that any investigation opened 
from the granting of this petition would result in an order concerning 
the notification and remedy of a safety-related defect. Consequently, 
this petition is denied. The denial of

[[Page 75642]]

this petition does not foreclose the Agency from taking further action 
if warranted or making a future finding that a safety-related defect 
exists based upon additional information that the Agency may receive.
    Authority: 49 U.S.C. 30162(d) and 49 CFR part 552; delegation of 
authority at 49 CFR 1.95(a).\6\
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    \6\ 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, Enforcement.
[FR Doc. 2024-20971 Filed 9-13-24; 8:45 am]
BILLING CODE 4910-59-P