NHTSA Investigation DP02003

FUEL TANK SYSTEM

MR. JERE L. BEASLEY, AN ATTORNEY WILL BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C. IN MONTGOMERY, AL, PETITIONED NHTSA ON FEBRUARY 27, 2002, TO VACATE ITS SETTLEMENT AGREEMENT WITH GENRAL MOTORS CORPORATION FOR EA92-041 AND TO ORDER AN IMMEDIATE RECALL OF THE 1973-1987 C/K PICKUP TRUCKS THAT HAVE THE FUEL TANK MOUNTED OUTBOARD OF THE FRAME RAILS.ON MARCH 7, 1995, THE FORMER SECRETARY OF THE U.S. DOT, FEDERICO PENA, SIGNED A SETTLEMENT AGREEMENT WITH GM RESOLVING NHTSA'S DEFECT INVESTIGATION, EA92-041, INVOLVING AN ALLEGED FUEL SYSTEM INTEGRITY DEFECT IN MODEL YEAR 1970-1991 C/K PICKUP TRUCKS.SECRETARY PENA CONCLUDED THAT THE SETTLEMENT WAS IN THE PUBLIC INTEREST AND BEST FURTHERS DOT'S INTEREST IN VEHICLE SAFETY.NHTSA SUBSEQUENTLY CLOSED IT DEFECT INVESTIGATION.THE SETTLEMENT ALLOWED THE PARTIES TO AVOID TIME-CONSUMING, COSTLY LITIGATION OF A COMPLEX MATTER THAT RAISED DIFFICULT FACTUAL AND LEGAL ISSUES, AND OFFERED AN OPORTUNITY FOR MEANINGFUL COOPERATION BETWEEN GOVERNMENT AND INDUSTRY TO SIGNIFICANTLY ENHANCE THE SAFETY OF THE DRIVING PUBLIC.THE PETITIONER HAS NOT PROVIDED INFOMATION, DIFFERENT IN KIND FROM THAT CONSIDERED BY THE AGENCY IN THE PAST, THE LEADS US TO CONCLUDE THAT THE INVESTIGATION SHOULD BE REOPENED.THERFORE, THE PETITION IS DENIED.

An investigation is a separate record from a recall and from a manufacturer communication. A manufacturer campaign to repair a safety defect or a failure to meet a federal safety standard.