Toyota Motor Engineering & Manufacturing North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 13733-13735 [2014-05186]
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Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Order Limiting Scheduled Operations
at John F. Kennedy International
Airport, LaGuardia Airport and Newark
Liberty International Airport; High
Density Rule at Reagan National
Airport
Federal Aviation
Administration (FAA), DOT
ACTION: Notice of limited waiver of the
slot usage requirement.
AGENCY:
This action announces a
limited waiver of the requirements to
use slots at Washington’s Reagan
National Airport and Operating
Authorizations (slots) at John F.
Kennedy International Airport,
LaGuardia Airport, and Newark Liberty
International Airport. This policy is
effective on selected dates from January
5, 2014, through March 3, 2014.
DATES: Effective Date: March 6, 2014.
FOR FURTHER INFORMATION CONTACT:
Lorelei Peter, Senior Attorney,
Regulations Division, AGC–200, Federal
Aviation Administration, 800
Independence Avenues SW.,
Washington, DC 20591; telephone
number 202–267–3134.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK67QTVN1PROD with NOTICES
SUMMARY:
Background
Recent weather in the East Coast has
severely disrupted aviation and other
modes of transportation. Multiple
storms have resulted in substantial
amounts of snow and ice in widespread
areas and resulted in airport closures,
reduced airport capacity due to snow
removal from runways and taxiways,
and aircraft deicing programs. Carriers
responded by cancelling flights and
FAA used traffic management programs
as needed to reroute traffic and utilize
available airspace and airport capacity.
Carriers instituted network operational
recovery plans during this time
including proactive flight cancellations
in advance of the most severe weather
to position aircraft and crews needed to
resume scheduled operations.
The disruption to the National
Airspace System caused by snowstorms
and adverse weather forced the
cancellation of many flights as carriers
made decisions based on safety and
other operational criteria. However, the
flight disruptions were not limited to
the slot controlled airports. Operations
at other airports were likewise
impacted, including severe winter
weather events in the mid-west and
southern areas of the U.S. Recovery of
normal operations took several days
VerDate Mar<15>2010
17:22 Mar 10, 2014
Jkt 232001
after the initial storms and was
exacerbated by subsequent snow storms
and other adverse conditions.
Under the FAA’s High Density Rule at
Washington’s Reagan National Airport
and orders limiting scheduled
operations at the Kennedy International
Airport, LaGuardia Airport, and Newark
Liberty International Airport, slots must
be used at least 80 percent of the time.
Slots not meeting the minimum usage
rules will be withdrawn or not receive
historic precedence for the following
scheduling season, depending on the
airport. The FAA may grant a waiver
from the minimum usage requirements
for highly unusual and unpredictable
conditions that are beyond the control
of the carrier and affect carrier
operations for a period of five
consecutive days or more.
American Airlines, Inc., Delta Air
Lines, Inc., United Airlines, Inc., and
US Airways, Inc. individually requested
waivers from the minimum slot usage
rules at the airports for January 5, 6, 7,
21, and 22 and February 3, 4, 5, 12, 13
and 14. Each carrier stated there was
significant disruption to its planned
scheduled due to weather on those days.
The carriers indicated that they
expected to meet the minimum usage
requirement and that the higher than
normal level of flight cancellations was
highly unusual and beyond their
control. Other carriers at the airports
have advised the FAA that they intend
to seek similar relief for some or all of
the same dates.
Statement of Policy
The FAA has determined that the
facts described above met the criteria for
a limited waiver of the minimum slot
usage requirement. The operational
disruptions impacted many carriers and
the FAA has determined that a general
waiver of the usage policy is warranted
in these circumstances rather than
individual carrier relief. The FAA will
treat as used, any slot or Operating
Authorization held by a carrier on
January 5, 6, 7, 21, and 22, 2014;
February 3, 4, 5, 12, 13, and 14, 2014;
and March 2 and 3, 2014. The FAA does
not intend to routinely grant general
waivers to the usage requirements.
Rules allow for up to 20 percent nonuse,
including planned and unplanned
cancellations. This is expected to
accommodate routine weather and other
cancellations under all but the most
unusual circumstances.
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13733
Issued in Washington, DC on March 6,
2014.
Mark Bury,
Assistant Chief Counsel for International Law,
Legislation and Regulations Division.
[FR Doc. 2014–05191 Filed 3–6–14; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2014–0028; 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 Toyota manufacturing entities
(collectively referred to as ‘‘Toyota’’)
have determined that specific model
year (MY) 2013–2014 Toyota vehicles
do not fully comply with paragraph S4
of Federal Motor Vehicle Safety
Standard (FMVSS) No. 302,
Flammability of Interior Materials.
Toyota has filed an appropriate report
dated January 29, 2014 as amended on
February 20, 2014 pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports.
DATES: The closing date for comments
on the petition is April 10, 2014.
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 at the beginning of
this notice and be 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 Deliver: 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
SUMMARY:
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emcdonald on DSK67QTVN1PROD with NOTICES
13734
Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 / Notices
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 your comments were
received, please enclose a stamped, selfaddressed postcard with the comments.
Note that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
Documents submitted to a 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. DOT’s complete Privacy Act
Statement is available for review in the
Federal Register published on April 11,
2000, (65 FR 19477–78).
The petition, supporting materials,
and all comments received before the
close of business on the closing date
indicated below will be filed and will be
considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the extent possible.
When the petition is granted or denied,
notice of the decision will be published
in the Federal Register pursuant to the
authority indicated below.
SUPPLEMENTARY INFORMATION:
I. Toyota’s Petition: Pursuant to 49
U.S.C. 30118(d) and 30120(h) (see
implementing rule at 49 CFR part 556),
Toyota submitted a petition for an
exemption from the notification and
remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this
noncompliance is inconsequential 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: Affected are
approximately 206,271 MY 2012–14
Camry, Avalon, Corolla, Sienna,
Tundra, and Tacoma model Toyota
vehicles. Refer to the amended report
that Toyota filed pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports that Toyota
included as attachment to its petition
for identification of the associated
Toyota manufacturing entities as well as
the vehicles involved.
VerDate Mar<15>2010
17:22 Mar 10, 2014
Jkt 232001
III. Noncompliance: Toyota explains
that the noncompliance is that the front
and rear seat cushions and front and
rear seat backs in the subject vehicles
fail to fully meet the requirements of
paragraph S4 of FMVSS No. 302
because seat cushion and seat back
components, when tested separately,
failed to meet the burn rate
requirements of paragraph S4.3. Toyota
identified the noncompliant
components as seat heater assemblies.
Toyota also states that all other
components of the seat required to meet
FMVSS No. 302 are in compliance with
the standard.
IV. Rule Text: Paragraph S4 of FMVSS
No. 302 requires in pertinent part:
S4.1 The portions described in S4.2 of the
following components of vehicle occupant
compartments shall meet the requirements of
S4.3: seat cushions, seat backs, seat belts,
headlining, convertible tops, arm rests, all
trim panels including door, front, rear, and
side panels, compartment shelves, head
restraints, floor coverings, sun visors,
curtains, shades, wheel housing covers,
engine compartment covers, mattress covers,
and any other interior materials, including
padding and crash-deployed elements, that
are designed to absorb energy on contact by
occupants in the event of a crash . . .
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.
S4.2.1 Any material that does not adhere
to other material(s) at every point of contact
shall meet the requirements of S4.3 when
tested separately . . .
S4.3 (a)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.
(b) If a material stops burning before it has
burned for 60 seconds from the start of
timing, and has not burned more than 51 mm
from the point where the timing was started,
it shall be considered to meet the burn-rate
requirement of S4.3(a).
V. Summary of Toyota’s Analyses:
Toyota stated its belief that the subject
noncompliance is inconsequential to
motor vehicle safety for the following
reasons:
1. Toyota believes that its testing
shows that the seat heater assemblies
comply 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, plus pad, and foam pad.
2. Toyota believes that its testing and
design review of the seat heater
assemblies indicates that the chance of
fire or flame induced by a
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Sfmt 4703
malfunctioning seat heater is essentially
zero.
3. Toyota believes 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.’’ 1 The
noncompliant seat heater assemblies
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 and surrounded by complying
materials that meet FMVSS No. 302.
4. The seat heater assembly is a very
small portion of the overall mass of the
soft material portions comprising the
entire seat assembly (i.e. less than 1%),
and is significantly less in relation to
the entire vehicle interior surface area
that could potentially be exposed to
flame. Therefore, Toyota believes that it
would have an insignificant adverse
effect on interior material burn rate and
the potential for occupant injury due to
interior fire.
5. Toyota is not aware of any data
suggesting that fires have occurred in
the field due to the installation of the
non-complying seat heater assemblies.
6. Toyota also expressed its belief that
in similar situations NHTSA has granted
petitions for inconsequential
noncompliance relating to FMVSS No.
302 requirements.
Toyota has additionally informed
NHTSA that it has corrected the
noncompliance so that all future
production vehicles will comply with
FMVSS No. 302.
In summation, Toyota believes that
the described noncompliance of the
subject vehicles is inconsequential to
motor vehicle safety, and that its
petition, to exempt Toyota from
providing recall notification of
noncompliance as required by 49 U.S.C.
30118 and remedying the recall
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
1 Paragraph S2 of FMVSS No. 302 Flammability
of Interior Materials.
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Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 / Notices
determined that the noncompliance
existed. However, any decision on this
petition does not relieve Toyota
distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant motor 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.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014–05186 Filed 3–10–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0135; Notice 1]
General Motors, LLC, Receipt of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
General Motors, LLC (GM) has
determined that certain model year
(MY) 2013–2014 Chevrolet Express,
GMC Savana, Chevrolet Silverado HD
and GMC Sierra HD compressed natural
gas (CNG) multipurpose passenger
vehicles (MPVs) and trucks
manufactured between May 20, 2012,
and September 25, 2013, do not fully
comply with paragraph S5.3 of Federal
Motor Vehicle Safety Standard (FMVSS)
No. FMVSS 303, Fuel System Integrity
of Compressed Natural Gas Vehicles.
GM has filed an appropriate report
dated November 25, 2013, pursuant to
49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports.
SUMMARY:
The closing date for comments
on the petition is April 10, 2014.
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 at the beginning of
this notice and be 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.
emcdonald on DSK67QTVN1PROD with NOTICES
DATES:
VerDate Mar<15>2010
17:22 Mar 10, 2014
Jkt 232001
• Hand Deliver: 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 your comments were
received, please enclose a stamped, selfaddressed postcard with the comments.
Note that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
Documents submitted to a 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. DOT’s complete Privacy Act
Statement is available for review in the
Federal Register published on April 11,
2000, (65 FR 19477–78).
The petition, supporting materials,
and all comments received before the
close of business on the closing date
indicated below will be filed and will be
considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the extent possible.
When the petition is granted or denied,
notice of the decision will be published
in the Federal Register pursuant to the
authority indicated below.
SUPPLEMENTARY INFORMATION:
I. GM’s Petition
Pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule at 49
CFR part 556), GM submitted a petition
for an exemption from the notification
and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this
noncompliance is inconsequential to
motor vehicle safety.
This notice of receipt of GM’s petition
is published under 49 U.S.C. 30118 and
30120 and does not represent any
agency decision or other exercise of
PO 00000
Frm 00126
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13735
judgment concerning the merits of the
petition.
II. Vehicles Involved
Affected are approximately 2,247 MY
2013–2014 Chevrolet Express, GMC
Savana, Chevrolet Silverado HD and
GMC Sierra HD compressed natural gas
(CNG) MPVs and trucks manufactured
between May 20, 2012, and September
25, 2013.
III. Noncompliance
GM explains that the noncompliance
is an error on the vehicles CNG labels.
Specifically, the lettering height on the
labels is 2.5 mm instead of the
minimum 4.76 mm as required by
paragraph S5.3 of FMVSS No. 303.
IV. Rule Text
Paragraph S5.3 of FMVSS No. 303
requires:
S5.3 Each CNG vehicle shall be
permanently labeled, near the vehicle
refueling connection, with the information
specified in S5.3.1 and S5.3.2 of this section.
The information shall be visible to a person
standing next to the vehicle during refueling,
in English, and in letters and numbers that
are not less than 4.76 mm (3/16 inch) high.
S5.3.1 The statement: ‘‘Service pressure
llkPa (llpsig).’’
S5.3.2 The statement ‘‘See instructions on
fuel container for inspection and service
life.’’
V. Summary of GM’s Analyses
GM stated its belief that the subject
noncompliance is inconsequential to
motor vehicle safety for the following
reasons:
A. The information on the subject
CNG labels is correct and entirely
legible.
Paragraph S5.4 of FMVSS No. 303
requires that the information required
for the label also be included in the
owner’s manual using ‘‘. . . not less
than 10 point type.’’ The 2.5 mm
lettering height on the subject labels is
10 point type, i.e., the same lettering
size as what is specified for the owner’s
manual content. The 10 point type that
is legible for purposes of the owner’s
manual is also legible on the labels
installed at the CNG filler port.
B. The subject CNG label is an
‘‘information’’ label, not a ‘‘warning’’
label.
The subject label is not a ‘‘warning’’
label and does not warn the user of a
safety related risk or consequence. Even
if the user does not read the label
information due to the font size, the
user will not miss information about a
safety risk.
C. The label font size does not create
a risk of misfueling.
E:\FR\FM\11MRN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 47 (Tuesday, March 11, 2014)]
[Notices]
[Pages 13733-13735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05186]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0028; 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 and certain Toyota manufacturing
entities (collectively referred to as ``Toyota'') have determined that
specific model year (MY) 2013-2014 Toyota vehicles do not fully comply
with paragraph S4 of Federal Motor Vehicle Safety Standard (FMVSS) No.
302, Flammability of Interior Materials. Toyota has filed an
appropriate report dated January 29, 2014 as amended on February 20,
2014 pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports.
DATES: The closing date for comments on the petition is April 10, 2014.
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 at the beginning of this notice and be
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 Deliver: 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
[[Page 13734]]
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 your comments 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.
Documents submitted to a 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. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
SUPPLEMENTARY INFORMATION:
I. Toyota's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h)
(see implementing rule at 49 CFR part 556), Toyota submitted a petition
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential 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: Affected are approximately 206,271 MY 2012-
14 Camry, Avalon, Corolla, Sienna, Tundra, and Tacoma model Toyota
vehicles. Refer to the amended report that Toyota filed pursuant to 49
CFR part 573, Defect and Noncompliance Responsibility and Reports that
Toyota included as attachment to its petition for identification of the
associated Toyota manufacturing entities as well as the vehicles
involved.
III. Noncompliance: Toyota explains that the noncompliance is that
the front and rear seat cushions and front and rear seat backs in the
subject vehicles fail to fully meet the requirements of paragraph S4 of
FMVSS No. 302 because seat cushion and seat back components, when
tested separately, failed to meet the burn rate requirements of
paragraph S4.3. Toyota identified the noncompliant components as seat
heater assemblies. Toyota also states that all other components of the
seat required to meet FMVSS No. 302 are in compliance with the
standard.
IV. Rule Text: Paragraph S4 of FMVSS No. 302 requires in pertinent
part:
S4.1 The portions described in S4.2 of the following components
of vehicle occupant compartments shall meet the requirements of
S4.3: seat cushions, seat backs, seat belts, headlining, convertible
tops, arm rests, all trim panels including door, front, rear, and
side panels, compartment shelves, head restraints, floor coverings,
sun visors, curtains, shades, wheel housing covers, engine
compartment covers, mattress covers, and any other interior
materials, including padding and crash-deployed elements, that are
designed to absorb energy on contact by occupants in the event of a
crash . . .
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.
S4.2.1 Any material that does not adhere to other material(s) at
every point of contact shall meet the requirements of S4.3 when
tested separately . . .
S4.3 (a)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.
(b) If a material stops burning before it has burned for 60
seconds from the start of timing, and has not burned more than 51 mm
from the point where the timing was started, it shall be considered
to meet the burn-rate requirement of S4.3(a).
V. Summary of Toyota's Analyses: Toyota stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
1. Toyota believes that its testing shows that the seat heater
assemblies comply 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, plus pad, and foam pad.
2. Toyota believes that its testing and design review of the seat
heater assemblies indicates that the chance of fire or flame induced by
a malfunctioning seat heater is essentially zero.
3. Toyota believes 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.'' \1\ The
noncompliant seat heater assemblies 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 and surrounded by
complying materials that meet FMVSS No. 302.
---------------------------------------------------------------------------
\1\ Paragraph S2 of FMVSS No. 302 Flammability of Interior
Materials.
---------------------------------------------------------------------------
4. The seat heater assembly is a very small portion of the overall
mass of the soft material portions comprising the entire seat assembly
(i.e. less than 1%), and is significantly less in relation to the
entire vehicle interior surface area that could potentially be exposed
to flame. Therefore, Toyota believes that it would have an
insignificant adverse effect on interior material burn rate and the
potential for occupant injury due to interior fire.
5. Toyota is not aware of any data suggesting that fires have
occurred in the field due to the installation of the non-complying seat
heater assemblies.
6. Toyota also expressed its belief that in similar situations
NHTSA has granted petitions for inconsequential noncompliance relating
to FMVSS No. 302 requirements.
Toyota has additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will comply with
FMVSS No. 302.
In summation, Toyota believes that the described noncompliance of
the subject vehicles is inconsequential to motor vehicle safety, and
that its petition, to exempt Toyota from providing recall notification
of noncompliance as required by 49 U.S.C. 30118 and remedying the
recall 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
[[Page 13735]]
determined that the noncompliance existed. However, any decision on
this petition does not relieve Toyota distributors and dealers of the
prohibitions on the sale, offer for sale, or introduction or delivery
for introduction into interstate commerce of the noncompliant motor
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.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-05186 Filed 3-10-14; 8:45 am]
BILLING CODE 4910-59-P
