Toyota Motor Engineering & Manufacturing North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 17076-17079 [2017-06955]
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In support of its petition, Cooper
submitted the following information
pertaining to the subject
noncompliance:
(a) Cooper states that the mislabeled
number of plies indicated on the
sidewalls has no impact on the
operational performance or durability of
the subject tires or on the safety of
vehicles on which those tires are
mounted. Cooper states that while the
subject tires do not indicate the correct
number of plies in the tread on the
outboard side, they meet all other
performance requirements under the
Federal Motor Vehicle Safety Standards.
Cooper notes that the number of plies in
the tread does not impact the
performance or operation of a tire and
does not create a safety concern to either
the operator of the vehicle on which the
tires are mounted, or the safety of
personnel in the tire repair, retread and
recycle industry.
(b) Cooper also states that the subject
tires were built as designed and meet or
exceed all performance requirements
and testing requirements specified
under FMVSS No. 139. Cooper states
that the subject tires completed all
Cooper Tire internal compliance testing
criteria, including passing shipping
certification testing in January 2016. In
addition, the 215/60R16, Mastercraft
LRS Grand Touring, serial week 1116,
passed all surveillance testing
conducted in early March 2016.
(c) Cooper states that the stamping
deviation occurred as a result of an
administrative error when incorrect
information was entered into Cooper
Tire’s electronic specification system at
the corporate level. That system
communicates information to the mold
management system which in turn
generates the construction stamping
pocket plate. The electronic
specification system incorrectly listed
the specific tire sizes and brands as twoply, when the tires were actually
designed with an HPL construction or as
having a single ply in the tread. The
incorrect construction information was
then engraved in the pocket plate and
then installed in the affected molds.
(d) Cooper states that it is not aware
of any crashes, injuries, customer
complaints, or field reports associated
with the mislabeling.
Cooper states that the mislabeling has
been corrected at the corporate level and
the pocket plates of the molds have been
replaced, therefore, no additional tires
will be manufactured or sold with the
noncompliance. Cooper also states that
it has conducted training with tire
engineers at the corporate level
responsible for inputting information
into the electronic specification system
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on the importance of the information
they are submitting.
Cooper observed that NHTSA has
previously granted inconsequential
noncompliance petitions regarding
noncompliances that are similar to the
subject noncompliance.
Cooper concluded by expressing the
belief that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety, and that its petition to be
exempted from providing notification of
the noncompliance, as required by 49
U.S.C. 30118, and a remedy for the
noncompliance, as required by 49
U.S.C. 30120, should be granted.
NHTSA’s Decision
NHTSA’s Analysis: The agency agrees
with Cooper that the noncompliance is
inconsequential to motor vehicle safety.
The agency believes that one measure of
inconsequentiality to motor vehicle
safety in this case is that there is no
effect of the noncompliance on the
operational safety of vehicles on which
these tires are mounted. The safety of
people working in the tire retread,
repair and recycling industries must
also be considered and is a measure of
inconsequentiality.
Although tire construction affects the
strength and durability of tires, neither
the agency nor the tire industry
provides information relating tire
strength and durability to the number of
plies and types of ply cord material in
the tread sidewall. Therefore, tire
dealers and customers should consider
the tire construction information along
with other information such as the load
capacity, maximum inflation pressure,
and tread wear, temperature, and
traction ratings, to assess performance
capabilities of various tires. In the
agency’s judgement, the incorrect
labeling of the tire construction
information will have an
inconsequential effect on motor vehicle
safety because most consumers do not
base tire purchases or vehicle operation
parameters on the number of plies in a
tire.
The agency also believes the
noncompliance will have no
measureable effect on the safety of the
tire retread, repair, and recycling
industries. The use of steel cord
construction in the sidewall and tread is
the primary safety concern of these
industries. In this case, since the tire
sidewalls are marked correctly for the
number of steel plies, this potential
safety concern does not exist.
NHTSA’S Decision: In consideration
of the foregoing, NHTSA finds that
Cooper has met its burden of persuasion
that the subject FMVSS No. 139
noncompliance in the affected tires is
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inconsequential to motor vehicle safety.
Accordingly, Cooper’s petition is hereby
granted and Cooper is consequently
exempted from the obligation of
providing notification of, and a free
remedy for, that noncompliance under
49 U.S.C. 30118 and 30120.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, this
decision only applies to the subject tires
that Cooper no longer controlled at the
time it determined that the
noncompliance existed. However, the
granting of this petition does not relieve
equipment distributors and dealers of
the prohibitions on the sale, offer for
sale, or introduction or delivery for
introduction into interstate commerce of
the noncompliant tires under their
control after Cooper notified them that
the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017–06957 Filed 4–6–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2016–0127; Notice 1]
Toyota Motor Engineering &
Manufacturing North America, Inc.,
Receipt of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Toyota Motor Engineering &
Manufacturing North America, Inc., on
behalf of Toyota Motor Corporation
(collectively referred to as ‘‘Toyota’’),
has determined that certain model year
(MY) 2016–2017 Lexus RX350 and
RX450H motor vehicles do not fully
comply with Federal Motor Vehicle
Safety Standard (FMVSS) No. 302,
Flammability of Interior Materials.
Toyota filed a noncompliance
information report dated November 3,
2016. Toyota also petitioned NHTSA on
SUMMARY:
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November 23, 2016, and provided a
supplement to their petition on
December 12, 2016, for a decision that
the subject noncompliance is
inconsequential as it relates to motor
vehicle safety.
DATES: The closing date for comments
on the petition is May 8, 2017.
ADDRESSES: Interested persons are
invited to submit written data, views,
and arguments on this petition.
Comments must refer to the docket and
notice number cited in the title of this
notice and submitted by any of the
following methods:
• Mail: Send comments by mail
addressed to U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Deliver comments
by hand to U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590. The Docket
Section is open on weekdays from 10
a.m. to 5 p.m. except Federal Holidays.
• Electronically: Submit comments
electronically by logging onto the
Federal Docket Management System
(FDMS) Web site at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
• Comments may also be faxed to
(202) 493–2251.
Comments must be written in the
English language, and be no greater than
15 pages in length, although there is no
limit to the length of necessary
attachments to the comments. If
comments are submitted in hard copy
form, please ensure that two copies are
provided. If you wish to receive
confirmation that comments you have
submitted by mail were received, please
enclose a stamped, self-addressed
postcard with the comments. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
All comments and supporting
materials received before the close of
business on the closing date indicated
above will be filed in the docket and
will be considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the fullest extent
possible.
When the petition is granted or
denied, notice of the decision will also
be published in the Federal Register
pursuant to the authority indicated at
the end of this notice.
All comments, background
documentation, and supporting
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materials submitted to the docket may
be viewed by anyone at the address and
times given above. The documents may
also be viewed on the Internet at https://
www.regulations.gov by following the
online instructions for accessing the
dockets. The docket ID number for this
petition is shown in the heading of this
notice.
DOT’s complete Privacy Act
Statement is available for review in a
Federal Register notice published on
April 11, 2000, (65 FR 19477–78).
SUPPLEMENTARY INFORMATION:
I. Overview: Toyota Motor
Corporation (Toyota), has determined
that certain model year (MY) 2016–2017
Lexus RX350 and Lexus RX450H motor
vehicles do not fully comply with
paragraph S4.2 of Federal Motor Vehicle
Safety Standard (FMVSS) No. 302,
Flammability of Interior Materials.
Toyota filed a noncompliance
information report dated November 3,
2016, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. Toyota also
petitioned NHTSA on November 23,
2016, pursuant to 49 U.S.C. 30118(d)
and 30120(h) and 49 CFR part 556, for
an exemption from the notification and
remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this
noncompliance is inconsequential as it
relates to motor vehicle safety.
This notice of receipt of Toyota’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any agency decision or other exercise of
judgment concerning the merits of the
petition.
II. Vehicles Involved: Approximately
102,075 MY 2016–2017 Lexus RX350
and Lexus RX450H motor vehicles
manufactured between September 29,
2015 and October 21, 2016, are
potentially involved.
III. Noncompliance: Toyota explains
that the noncompliance is that the front
and rear seat covers and rear center
armrest assemblies in the subject
vehicles were manufactured with needle
punch felt material that does not meet
the burn rate requirements as specified
in paragraph S4.2 and S4.3 of FMVSS
No. 302.
IV. Rule Text: Paragraph S4.2 of
FMVSS No. 302 states:
S4.2 Any portion of a single or composite
material which is within 13 mm of the
occupant compartment air space shall meet
the requirements of S4.3.
Paragraph S4.3(a) of FMVSS No. 302
states:
When tested in accordance with S5,
material described in S4.1 and S4.2 shall not
burn, nor transmit a flame front across its
surface, at a rate of more than 102 mm per
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minute. The requirement concerning
transmission of a flame front shall not apply
to a surface created by cutting a test
specimen for purposes of testing pursuant to
S5.
V. Summary of Toyota’s Petition:
Toyota described the subject
noncompliance and stated its belief that
the noncompliance is inconsequential
as it relates to motor vehicle safety.
In support of its petition, Toyota
submitted the following reasoning:
1. The front and rear seats in the
subject vehicles are constructed of
several layers of soft material mounted
on a steel seat frame. The layers of soft
material include a leather or synthetic
leather seating surface with a cover pad
laminated or laminated and sewn
underneath, and a needle punch felt
material attached to a seat cushion foam
pad. The needle punch felt material is
used to attach the cover subassembly to
the foam pad. The needle punch felt is
the only material that does not comply
with FMVSS No. 302 requirements. It
comprises up to approximately 0.32% of
the total mass of the soft material of the
front seat assembly, and between 0.48%
and 0.55% of the total mass of the soft
material of the rear seat assembly, an
insignificant mass in relation to the total
interior vehicle surfaces required to
meet FMVSS No. 302.
2. The needle punch felt material
complies with FMVSS No. 302 when
tested as a ‘‘composite’’ as installed in
the vehicle, i.e., along with the
surrounding FMVSS No. 302 compliant
seat cover, cover pad, foam pad, seat
heater, carpet, and storage bin.
3. Toyota testing and design review of
the seat heater and its components
indicate that the chance of fire or flame
induced by a malfunctioning seat heater
is essentially zero.
4. The non-complying needle punch
felt material would normally not be
exposed to open flame or an ignition
source (like matches or cigarettes) in its
installed application, because it is
installed within or completely covered
by complying materials that meet
FMVSs No. 302.
5. The needle punch felt material is a
very small portion of the overall mass of
the soft material portions comprising
the entire seat assembly and is
significantly less in relation to the entire
vehicle interior surface area that could
potentially be exposed to flame.
Therefore, it would have an
insignificant adverse effect on interior
material burn rate and the potential for
occupant injury due to interior fire.
6. Toyota is not aware of any data
suggesting that fires have occurred in
the field due to the installation of the
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subject vehicles. These locations were
tested under various conditions to
simulate open flame exposure inside the
vehicle. The samples were tested in
their installed condition; however, in
locations where the seat foam is part of
the ‘‘composite,’’ only the portion
which is within the 13 mm of the
occupant airspace specified by the
standard was tested. When applicable,
the seat heater was included in the
‘‘composite’’ in its ‘‘OFF’’ condition.
a. ‘‘Composite’’ Test Results: Toyota
provided test results under eight
different test conditions. In all test
conditions, the samples exhibited burn
rates well within the FMVSS No. 302
S4.3(a) requirements (i.e., no more than
102 mm/min), therefore meeting the
FMVSS No. 302 criteria. Toyota
provided the following table
summarizing the test results.
BILLING CODE 4910–59–P
the deaths and injuries to motor vehicle
occupants caused by vehicle fires,
especially those originating in the
interior of the vehicle from sources such
as matches or cigarettes,’’ we believe
that the noncompliant needle punch felt
material as installed in the vehicle does
not present a safety risk, and the chance
of fire or flame propagation is
essentially zero.
9. In order to evaluate any potential
risk associated with the seat heater
element as an internal ignition source,
a design review and tests were
conducted. The findings of the review
and tests are outlined below:
a. In all locations, the needle punch
felt material never comes in direct
contact with a seat heater element wire.
b. The seat heater system has a selfdiagnosis function. At ignition ‘‘ON’’ a
system self-diagnosis check is
performed to confirm that the switch,
which consists of a relay and an IPD
(intelligent Power Device), is operating
properly. If the diagnosis detects a fault
in the relay and/or the IPD, the system
would not allow the seat heater to be
turned on. In the unlikely event both the
relay and the IPD fail and are stuck in
the open position after the selfdiagnosis, each seat heater’s
temperature is still regulated by its
As evidenced by testing in the table
above, the needle punch felt material
complies with FMVSS No. 302 when
tested as a ‘‘Composite’’ as installed in
the vehicle, i.e., along with the
surrounding FMVSS No. 302 compliant
cover sub-assembly parts, foam pad, seat
heater, or storage bin. The noncomplying needle punch felt material
would not be exposed to open flame or
an ignition source (like matches or
cigarettes) in its installed application,
because it is within or completely
covered by complying materials that
meet FMVSS No. 302. Given that the
purpose of FMVSS No. 302 is to ‘‘reduce
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‘‘composite’’ FMVSS No. 302
evaluations performed on the cover
subassembly itself. Natural leather made
from cow skin contains collagen fibers
which are a non-flammable material.
Synthetic leather is constructed of
flammable urethane resin and polyester
fibers which are treated with a flame
retardant to achieve flammability
requirements.
To identify the potentially least flame
resistant ‘‘composite’’ sample locations
to evaluate Toyota did a thorough
design review and ‘‘composite’’ testing
of the cover assemblies according to
FMVSS No. 302 procedures. Toyota
tested the cover subassembly for the seat
back and cushions at 21 different
locations where needle punch felt is
used. All locations met FMVSS No. 302
criteria; however, the three locations
with the fastest burn rate were selected
for further testing as assembled in the
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non-complying needle punch felt
material.
7. In similar situations, NHTSA has
granted petitions for inconsequential
noncompliance relating to FMVSS No.
302 requirements.
8. To emulate the potential real world
conditions that could occur to the
relevant soft material portions of the
front and rear seats as they are
assembled into the subject vehicles,
Toyota conducted FMVSS No. 302 burn
testing of the seating materials when
assembled as a ‘‘composite.’’ Toyota
chose locations to evaluate that were
judged to potentially be the least flame
resistant so as to be the most
conservative in determining material
performance.
Toyota determined synthetic leather
to be the least flame resistant surface
material to test based on review of the
material construction as well as
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thermostat. Under normal design
operating conditions, the thermostat
restricts the temperature of the element
wire in a range of approximately 50 °C
to 100 °C, depending on the specific
application. This temperature range is
far below the auto-ignition temperature
of the needle punch felt, which is
approximately 253 °C.
c. The seat heater element wire used
in the subject vehicle is of a design
which eliminates the potential for
localized ‘‘hot spots.’’ The heating
element wire is comprised of multiple
individual filaments insulated from
each other by urethane coating. The
filaments are connected to each other in
parallel rather than in series. In the
event that one or more of the filaments
are damaged, there is no change in
current through the seat heater wire,
and therefore no increase in
temperature.
Given the findings from the
evaluation of the seat heater and its
components, Toyota believes that the
chance of an ignition internal to the seat
induced by a malfunctioning seat heater
is essentially zero, and no safety risk is
presented.
10. The needle punch felt material is
one of several layers of the soft material
of the seats which is used for securing
components together, improving
appearance, and reducing noise. For all
seating areas the needle punch felt
material is either encased between or
covered by other materials which
themselves comply with FMVSS No.
302 requirements.
In the vast majority of applications,
the needle punch is encased by other
FMVSS No. 302 materials. A typical
construction consists of the leather
seating surface on which an occupant
sits. A cover pad is glued to the
underside of the leather. The cover and
cover pad each comply with FMVSS No.
302. The needle punch felt is sewn to
the cover pad assembly, and when so
equipped, a layer of seat heater material
is attached to the underside, forming a
cover sub-assembly. The seat heater
complies with FMVSS No. 302
requirements. The cover sub-assembly is
then tightly secured over the seat
cushion pad foam or seat back pad foam
to the seat structure with ‘‘hog’’ rings.
The seat cushion and seat back foam
each comply with FMVSS No. 302
requirements. When so secured, no
portion of the needle punch felt material
is visible or directly exposed to the
occupant compartment. As constructed,
it would be highly unlikely that the
needle punch felt material would ever
be exposed to ignition sources such as
matches or cigarettes, identified in S2 of
FMVSS No. 302 as a stated purpose of
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the standard. Because the needle punch
felt is completely surrounded by
FMVSS No. 302 compliant material, it
would be extremely unlikely that a
vehicle occupant would ever be exposed
to a risk of injury as a result of the
noncompliance . . .
11. The needle punch felt material is
only a very small part of the overall
mass of the soft material comprising the
entire seat assembly (i.e. up to a
maximum of 0.55% depending on the
seat and vehicle model), and is
significantly less in relation to the entire
vehicle interior surface area that could
potentially be exposed to flame.
Therefore, it would have an
insignificant adverse effect on interior
material burn rate and the potential for
occupant injury due to interior fire.
12. There are no known field events
involving ignition of the needle punch
felt material as of November 22, 2016.
Toyota is not aware of any fires, crashes,
injuries or customer complaints
involving this component in the subject
vehicles.
13. NHTSA has previously granted at
least nine FMVSS No. 302 petitions for
inconsequential noncompliance, one of
which was for a vehicle’s seat heater
assemblies, one of which was for a
vehicle’s console armrest, one of which
was for large truck sleeper bedding, and
six of which were for issues related to
child restraints. (For a full list along
with summaries of the petitions that
Toyota references please see Toyota’s
petition)
Toyota stated that they have made
improvements that were implemented
as of October 21, 2016, to assure that
any new vehicle sold by Toyota will
meet all FMVSS No. 302 requirements.
Toyota concluded by expressing the
belief that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety, and that its petition to be
exempted from providing notification of
the noncompliance, as required by 49
U.S.C. 30118, and a remedy for the
noncompliance, as required by 49
U.S.C. 30120, should be granted.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, any
decision on this petition only applies to
the subject vehicles that Toyota no
longer controlled at the time it
determined that the noncompliance
existed. However, any decision on this
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17079
petition does not relieve vehicle
distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant vehicles under their
control after Toyota notified them that
the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017–06955 Filed 4–6–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2016–0129; Notice 1]
Toyota Motor Engineering &
Manufacturing North America, Inc.,
Receipt of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Toyota Motor Engineering &
Manufacturing North America, Inc., on
behalf of Toyota Motor Corporation and
certain other specified Toyota
manufacturing entities (collectively
referred to as ‘‘Toyota’’), has determined
that certain model year (MY) 2016–2017
Lexus RX350 and Lexus RX450H motor
vehicles do not fully comply with
Federal Motor Vehicle Safety Standard
(FMVSS) No. 202a, Head Restraints.
Toyota filed a noncompliance
information report dated November 29,
2016. Toyota also petitioned NHTSA on
December 21, 2016, for a decision that
the subject noncompliance is
inconsequential as it relates to motor
vehicle safety.
DATES: The closing date for comments
on the petition is May 8, 2017.
ADDRESSES: Interested persons are
invited to submit written data, views,
and arguments on this petition.
Comments must refer to the docket and
notice number cited in the title of this
notice and submitted by any of the
following methods:
• Mail: Send comments by mail
addressed to U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Deliver comments
by hand to U.S. Department of
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17076-17079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06955]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0127; Notice 1]
Toyota Motor Engineering & Manufacturing North America, Inc.,
Receipt of Petition for Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
-----------------------------------------------------------------------
SUMMARY: Toyota Motor Engineering & Manufacturing North America, Inc.,
on behalf of Toyota Motor Corporation (collectively referred to as
``Toyota''), has determined that certain model year (MY) 2016-2017
Lexus RX350 and RX450H motor vehicles do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior
Materials. Toyota filed a noncompliance information report dated
November 3, 2016. Toyota also petitioned NHTSA on
[[Page 17077]]
November 23, 2016, and provided a supplement to their petition on
December 12, 2016, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.
DATES: The closing date for comments on the petition is May 8, 2017.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
Mail: Send comments by mail addressed to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: Deliver comments by hand to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
Comments may also be faxed to (202) 493-2251.
Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the Internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).
SUPPLEMENTARY INFORMATION:
I. Overview: Toyota Motor Corporation (Toyota), has determined that
certain model year (MY) 2016-2017 Lexus RX350 and Lexus RX450H motor
vehicles do not fully comply with paragraph S4.2 of Federal Motor
Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior
Materials. Toyota filed a noncompliance information report dated
November 3, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Toyota also petitioned NHTSA on November
23, 2016, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part
556, for an exemption from the notification and remedy requirements of
49 U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential as it relates to motor vehicle safety.
This notice of receipt of Toyota's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
II. Vehicles Involved: Approximately 102,075 MY 2016-2017 Lexus
RX350 and Lexus RX450H motor vehicles manufactured between September
29, 2015 and October 21, 2016, are potentially involved.
III. Noncompliance: Toyota explains that the noncompliance is that
the front and rear seat covers and rear center armrest assemblies in
the subject vehicles were manufactured with needle punch felt material
that does not meet the burn rate requirements as specified in paragraph
S4.2 and S4.3 of FMVSS No. 302.
IV. Rule Text: Paragraph S4.2 of FMVSS No. 302 states:
S4.2 Any portion of a single or composite material which is
within 13 mm of the occupant compartment air space shall meet the
requirements of S4.3.
Paragraph S4.3(a) of FMVSS No. 302 states:
When tested in accordance with S5, material described in S4.1
and S4.2 shall not burn, nor transmit a flame front across its
surface, at a rate of more than 102 mm per minute. The requirement
concerning transmission of a flame front shall not apply to a
surface created by cutting a test specimen for purposes of testing
pursuant to S5.
V. Summary of Toyota's Petition: Toyota described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
In support of its petition, Toyota submitted the following
reasoning:
1. The front and rear seats in the subject vehicles are constructed
of several layers of soft material mounted on a steel seat frame. The
layers of soft material include a leather or synthetic leather seating
surface with a cover pad laminated or laminated and sewn underneath,
and a needle punch felt material attached to a seat cushion foam pad.
The needle punch felt material is used to attach the cover subassembly
to the foam pad. The needle punch felt is the only material that does
not comply with FMVSS No. 302 requirements. It comprises up to
approximately 0.32% of the total mass of the soft material of the front
seat assembly, and between 0.48% and 0.55% of the total mass of the
soft material of the rear seat assembly, an insignificant mass in
relation to the total interior vehicle surfaces required to meet FMVSS
No. 302.
2. The needle punch felt material complies with FMVSS No. 302 when
tested as a ``composite'' as installed in the vehicle, i.e., along with
the surrounding FMVSS No. 302 compliant seat cover, cover pad, foam
pad, seat heater, carpet, and storage bin.
3. Toyota testing and design review of the seat heater and its
components indicate that the chance of fire or flame induced by a
malfunctioning seat heater is essentially zero.
4. The non-complying needle punch felt material would normally not
be exposed to open flame or an ignition source (like matches or
cigarettes) in its installed application, because it is installed
within or completely covered by complying materials that meet FMVSs No.
302.
5. The needle punch felt material is a very small portion of the
overall mass of the soft material portions comprising the entire seat
assembly and is significantly less in relation to the entire vehicle
interior surface area that could potentially be exposed to flame.
Therefore, it would have an insignificant adverse effect on interior
material burn rate and the potential for occupant injury due to
interior fire.
6. Toyota is not aware of any data suggesting that fires have
occurred in the field due to the installation of the
[[Page 17078]]
non-complying needle punch felt material.
7. In similar situations, NHTSA has granted petitions for
inconsequential noncompliance relating to FMVSS No. 302 requirements.
8. To emulate the potential real world conditions that could occur
to the relevant soft material portions of the front and rear seats as
they are assembled into the subject vehicles, Toyota conducted FMVSS
No. 302 burn testing of the seating materials when assembled as a
``composite.'' Toyota chose locations to evaluate that were judged to
potentially be the least flame resistant so as to be the most
conservative in determining material performance.
Toyota determined synthetic leather to be the least flame resistant
surface material to test based on review of the material construction
as well as ``composite'' FMVSS No. 302 evaluations performed on the
cover subassembly itself. Natural leather made from cow skin contains
collagen fibers which are a non-flammable material. Synthetic leather
is constructed of flammable urethane resin and polyester fibers which
are treated with a flame retardant to achieve flammability
requirements.
To identify the potentially least flame resistant ``composite''
sample locations to evaluate Toyota did a thorough design review and
``composite'' testing of the cover assemblies according to FMVSS No.
302 procedures. Toyota tested the cover subassembly for the seat back
and cushions at 21 different locations where needle punch felt is used.
All locations met FMVSS No. 302 criteria; however, the three locations
with the fastest burn rate were selected for further testing as
assembled in the subject vehicles. These locations were tested under
various conditions to simulate open flame exposure inside the vehicle.
The samples were tested in their installed condition; however, in
locations where the seat foam is part of the ``composite,'' only the
portion which is within the 13 mm of the occupant airspace specified by
the standard was tested. When applicable, the seat heater was included
in the ``composite'' in its ``OFF'' condition.
a. ``Composite'' Test Results: Toyota provided test results under
eight different test conditions. In all test conditions, the samples
exhibited burn rates well within the FMVSS No. 302 S4.3(a) requirements
(i.e., no more than 102 mm/min), therefore meeting the FMVSS No. 302
criteria. Toyota provided the following table summarizing the test
results.
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As evidenced by testing in the table above, the needle punch felt
material complies with FMVSS No. 302 when tested as a ``Composite'' as
installed in the vehicle, i.e., along with the surrounding FMVSS No.
302 compliant cover sub-assembly parts, foam pad, seat heater, or
storage bin. The non-complying needle punch felt material would not be
exposed to open flame or an ignition source (like matches or
cigarettes) in its installed application, because it is within or
completely covered by complying materials that meet FMVSS No. 302.
Given that the purpose of FMVSS No. 302 is to ``reduce the deaths and
injuries to motor vehicle occupants caused by vehicle fires, especially
those originating in the interior of the vehicle from sources such as
matches or cigarettes,'' we believe that the noncompliant needle punch
felt material as installed in the vehicle does not present a safety
risk, and the chance of fire or flame propagation is essentially zero.
9. In order to evaluate any potential risk associated with the seat
heater element as an internal ignition source, a design review and
tests were conducted. The findings of the review and tests are outlined
below:
a. In all locations, the needle punch felt material never comes in
direct contact with a seat heater element wire.
b. The seat heater system has a self-diagnosis function. At
ignition ``ON'' a system self-diagnosis check is performed to confirm
that the switch, which consists of a relay and an IPD (intelligent
Power Device), is operating properly. If the diagnosis detects a fault
in the relay and/or the IPD, the system would not allow the seat heater
to be turned on. In the unlikely event both the relay and the IPD fail
and are stuck in the open position after the self-diagnosis, each seat
heater's temperature is still regulated by its
[[Page 17079]]
thermostat. Under normal design operating conditions, the thermostat
restricts the temperature of the element wire in a range of
approximately 50 [deg]C to 100 [deg]C, depending on the specific
application. This temperature range is far below the auto-ignition
temperature of the needle punch felt, which is approximately 253
[deg]C.
c. The seat heater element wire used in the subject vehicle is of a
design which eliminates the potential for localized ``hot spots.'' The
heating element wire is comprised of multiple individual filaments
insulated from each other by urethane coating. The filaments are
connected to each other in parallel rather than in series. In the event
that one or more of the filaments are damaged, there is no change in
current through the seat heater wire, and therefore no increase in
temperature.
Given the findings from the evaluation of the seat heater and its
components, Toyota believes that the chance of an ignition internal to
the seat induced by a malfunctioning seat heater is essentially zero,
and no safety risk is presented.
10. The needle punch felt material is one of several layers of the
soft material of the seats which is used for securing components
together, improving appearance, and reducing noise. For all seating
areas the needle punch felt material is either encased between or
covered by other materials which themselves comply with FMVSS No. 302
requirements.
In the vast majority of applications, the needle punch is encased
by other FMVSS No. 302 materials. A typical construction consists of
the leather seating surface on which an occupant sits. A cover pad is
glued to the underside of the leather. The cover and cover pad each
comply with FMVSS No. 302. The needle punch felt is sewn to the cover
pad assembly, and when so equipped, a layer of seat heater material is
attached to the underside, forming a cover sub-assembly. The seat
heater complies with FMVSS No. 302 requirements. The cover sub-assembly
is then tightly secured over the seat cushion pad foam or seat back pad
foam to the seat structure with ``hog'' rings. The seat cushion and
seat back foam each comply with FMVSS No. 302 requirements. When so
secured, no portion of the needle punch felt material is visible or
directly exposed to the occupant compartment. As constructed, it would
be highly unlikely that the needle punch felt material would ever be
exposed to ignition sources such as matches or cigarettes, identified
in S2 of FMVSS No. 302 as a stated purpose of the standard. Because the
needle punch felt is completely surrounded by FMVSS No. 302 compliant
material, it would be extremely unlikely that a vehicle occupant would
ever be exposed to a risk of injury as a result of the noncompliance .
. .
11. The needle punch felt material is only a very small part of the
overall mass of the soft material comprising the entire seat assembly
(i.e. up to a maximum of 0.55% depending on the seat and vehicle
model), and is significantly less in relation to the entire vehicle
interior surface area that could potentially be exposed to flame.
Therefore, it would have an insignificant adverse effect on interior
material burn rate and the potential for occupant injury due to
interior fire.
12. There are no known field events involving ignition of the
needle punch felt material as of November 22, 2016. Toyota is not aware
of any fires, crashes, injuries or customer complaints involving this
component in the subject vehicles.
13. NHTSA has previously granted at least nine FMVSS No. 302
petitions for inconsequential noncompliance, one of which was for a
vehicle's seat heater assemblies, one of which was for a vehicle's
console armrest, one of which was for large truck sleeper bedding, and
six of which were for issues related to child restraints. (For a full
list along with summaries of the petitions that Toyota references
please see Toyota's petition)
Toyota stated that they have made improvements that were
implemented as of October 21, 2016, to assure that any new vehicle sold
by Toyota will meet all FMVSS No. 302 requirements.
Toyota concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that Toyota no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after Toyota
notified them that the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-06955 Filed 4-6-17; 8:45 am]
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