Toyota Motor Engineering & Manufacturing North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 4035-4036 [2015-01204]
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Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Notices
Standard No. 210 Seat Belt Assembly
Anchorages: Replacement of anchorages
as part of the driver’s seating system
installed to meet the requirements of
FMVSS Nos. 207 and 208. The
petitioner submitted test reports
intended to indicate compliance with
the standard after these modifications
are performed.
Standard No. 217 Bus Emergency
Exits and Window Retention and
Release: Installation of a compliant
emergency escape hatch and emergency
escape windows in a manner consistent
with the requirements of this standard.
Test reports were submitted meant to
indicate that compliance with the
standard can be achieved after these
modifications are performed.
Standard No. 302 Flammability of
Interior Materials: Inspection of each
vehicle and removal and replacement of
all interior components that do not
conform to the requirements of this
standard. Test reports meant to indicate
compliance were submitted for interior
materials present on the petition
vehicle.
The petitioner additionally states that
a certification label must be affixed to
meet the requirements of 49 CFR part
567.
All comments received before the
close of business on the closing date
indicated above will be considered, and
will be available for examination in the
docket at the above addresses both
before and after that date. To the extent
possible, comments filed after the
closing date will also be considered.
Notice of final action on the petition
will be published in the Federal
Register pursuant to the authority
indicated below.
Authority: 49 U.S.C. 30141(a)(1)(A) and
(b)(1); 49 CFR 593.8; delegations of authority
at 49 CFR 1.50 and 501.8.
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2015–01203 Filed 1–23–15; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
emcdonald on DSK67QTVN1PROD with NOTICES
[Docket No. NHTSA–2014–0028; Notice 2]
Toyota Motor Engineering &
Manufacturing North America, Inc.,
Grant of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
AGENCY:
VerDate Sep<11>2014
18:48 Jan 23, 2015
Jkt 235001
ACTION:
Grant of petition.
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.
ADDRESSES: For further information on
this decision contact Michael Cole,
Office of Vehicle Safety Compliance,
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–2334, facsimile (202) 366–
5930.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Toyota’s Petition: Pursuant to 49
U.S.C. 30118(d) and 30120(h) and the
rule implementing those provisions at
49 CFR part 556, Toyota has petitioned
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.
Notice of receipt of Toyota’s petition
was published, with a 30-Day public
comment period, on March 11, 2014 in
the Federal Register (FR 13733). No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2014–
0028.’’
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
additional details about 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,
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
4035
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
E:\FR\FM\26JAN1.SGM
26JAN1
4036
Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Notices
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 additionally informed NHTSA
that it has corrected the noncompliance
so that all future production vehicles
will comply with FMVSS No. 302.
Toyota also provided Transport
Canada’s October 1, 2014, grant letter to
exempt it from conducting a recall and
remedy campaign for the identical issue
for vehicles that were sold in Canada.2
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.
emcdonald on DSK67QTVN1PROD with NOTICES
NHTSA Decision
NHTSA Analysis: NHTSA has
reviewed and accepts Toyota’s analyses
that the subject noncompliance is
inconsequential to motor vehicle safety.
Specifically, the fact that the front and
rear seat cushions and front and rear
seat backs in the subject vehicles fail to
meet the burn rates requirement, poses
little if any risk to motor vehicle safety.
NHTSA’s greatest concern was that as
a seat heater, the device itself is the
most likely ignition source. However,
Toyota stated that it is not aware of any
data suggesting that vehicle fires have
occurred in the field due to the non1 Paragraph S2 of FMVSS No. 302 Flammability
of Interior Materials.
2 Docket ID: NHTSA–2014–0028–0003.
VerDate Sep<11>2014
18:48 Jan 23, 2015
Jkt 235001
complying seat heaters. NHTSA
searched its complaints database from
the year 2000 to current and also found
no complaints concerning the subject
vehicles. We did find four Toyota seat
heater complaints concerning older
vehicles (three Toyota Sienna’s model
years 2006 and two 2004’s and a 2007
Toyota Camry). While these complaints
appear to show that seat heaters can be
potential ignition sources, the hazard
does not appear to be widespread or an
issue with the subject vehicles. Toyota
also conducted various testing to show
that the seat heater element would not
act as an ignition source when
overdriven electrically, nor would it
accommodate a flame rate beyond what
is permitted by FMVSS No. 302 when
exposed directly to an open flame in the
installed condition (as a composite).
Toyota also demonstrated that the seat
heater is a very small portion of the
overall mass of the seat assembly and
that NHTSA has granted prior
inconsequentiality petitions for similar
issues.
Based on its review of Toyota’s
submission, the agency has concluded
that the ‘‘seat heaters’’ in the
noncompliant vehicles are unlikely to
pose a flammability risk. This
conclusion is consistent with Transport
Canada’s review of the identical issue.
NHTSA’s evaluation of the
consequentiality of this noncompliance
should not be interpreted as a
diminution of the agency’s safety
concern for the flammability of interior
materials. Rather, it represents NHTSA’s
assessment of the gravity of this specific
noncompliance based upon the likely
consequences. Ultimately, the issue is
whether this particular noncompliance
is likely to create a risk to safety.
NHTSA is not aware of any occupant
injuries regarding these seat heaters.
Based on the foregoing, NHTSA has
decided that Toyota has met its burden
of persuasion that the noncompliance
herein described is inconsequential to
motor vehicle safety.
To avoid confusion, NHTSA would
like to note that an existing NHTSA
safety recall campaign involving
approximately 3,233 Toyota vehicles is
unaffected by this inconsequential
noncompliance decision. That safety
recall campaign is being conducted by
an independent motor vehicle
distributor that modified Toyota
vehicles with defective aftermarket seat
heaters that can malfunction and burn
holes in the seating materials. For more
information refer to NHTSA Recall ID
Number 14V–743 at: https://
www.safercar.gov.
NHTSA Decision: In consideration of
the foregoing, NHTSA has decided that
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
Toyota has met its burden of persuasion
that the FMVSS No. 302 noncompliance
is inconsequential to motor vehicle
safety. Accordingly, Toyota’s petition is
hereby granted and Toyota is exempted
from the obligation of providing
notification of, and a 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, 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, the granting of 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 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,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2015–01204 Filed 1–23–15; 8:45 am]
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DEPARTMENT OF THE TREASURY
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Comment Request
January 21, 2015.
Department of the Treasury.
Notice.
AGENCY:
ACTION:
The Department of the
Treasury will submit the following
information collection request to the
Office of Management and Budget
(OMB) for review and clearance in
accordance with the Paperwork
Reduction Act of 1995, Public Law 104–
13, on or after the date of publication of
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assured of consideration.
ADDRESSES: Send comments regarding
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of the information collection, including
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E:\FR\FM\26JAN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 16 (Monday, January 26, 2015)]
[Notices]
[Pages 4035-4036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01204]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0028; Notice 2]
Toyota Motor Engineering & Manufacturing North America, Inc.,
Grant of Petition for Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant 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.
ADDRESSES: For further information on this decision contact Michael
Cole, Office of Vehicle Safety Compliance, National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-2334, facsimile
(202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. Toyota's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h)
and the rule implementing those provisions at 49 CFR part 556, Toyota
has petitioned 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.
Notice of receipt of Toyota's petition was published, with a 30-Day
public comment period, on March 11, 2014 in the Federal Register (FR
13733). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2014-0028.''
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 additional details
about 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
[[Page 4036]]
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 additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will comply with
FMVSS No. 302.
Toyota also provided Transport Canada's October 1, 2014, grant
letter to exempt it from conducting a recall and remedy campaign for
the identical issue for vehicles that were sold in Canada.\2\
---------------------------------------------------------------------------
\2\ Docket ID: NHTSA-2014-0028-0003.
---------------------------------------------------------------------------
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 Decision
NHTSA Analysis: NHTSA has reviewed and accepts Toyota's analyses
that the subject noncompliance is inconsequential to motor vehicle
safety. Specifically, the fact that the front and rear seat cushions
and front and rear seat backs in the subject vehicles fail to meet the
burn rates requirement, poses little if any risk to motor vehicle
safety.
NHTSA's greatest concern was that as a seat heater, the device
itself is the most likely ignition source. However, Toyota stated that
it is not aware of any data suggesting that vehicle fires have occurred
in the field due to the non-complying seat heaters. NHTSA searched its
complaints database from the year 2000 to current and also found no
complaints concerning the subject vehicles. We did find four Toyota
seat heater complaints concerning older vehicles (three Toyota Sienna's
model years 2006 and two 2004's and a 2007 Toyota Camry). While these
complaints appear to show that seat heaters can be potential ignition
sources, the hazard does not appear to be widespread or an issue with
the subject vehicles. Toyota also conducted various testing to show
that the seat heater element would not act as an ignition source when
overdriven electrically, nor would it accommodate a flame rate beyond
what is permitted by FMVSS No. 302 when exposed directly to an open
flame in the installed condition (as a composite). Toyota also
demonstrated that the seat heater is a very small portion of the
overall mass of the seat assembly and that NHTSA has granted prior
inconsequentiality petitions for similar issues.
Based on its review of Toyota's submission, the agency has
concluded that the ``seat heaters'' in the noncompliant vehicles are
unlikely to pose a flammability risk. This conclusion is consistent
with Transport Canada's review of the identical issue. NHTSA's
evaluation of the consequentiality of this noncompliance should not be
interpreted as a diminution of the agency's safety concern for the
flammability of interior materials. Rather, it represents NHTSA's
assessment of the gravity of this specific noncompliance based upon the
likely consequences. Ultimately, the issue is whether this particular
noncompliance is likely to create a risk to safety. NHTSA is not aware
of any occupant injuries regarding these seat heaters. Based on the
foregoing, NHTSA has decided that Toyota has met its burden of
persuasion that the noncompliance herein described is inconsequential
to motor vehicle safety.
To avoid confusion, NHTSA would like to note that an existing NHTSA
safety recall campaign involving approximately 3,233 Toyota vehicles is
unaffected by this inconsequential noncompliance decision. That safety
recall campaign is being conducted by an independent motor vehicle
distributor that modified Toyota vehicles with defective aftermarket
seat heaters that can malfunction and burn holes in the seating
materials. For more information refer to NHTSA Recall ID Number 14V-743
at: https://www.safercar.gov.
NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that Toyota has met its burden of persuasion that the FMVSS No.
302 noncompliance is inconsequential to motor vehicle safety.
Accordingly, Toyota's petition is hereby granted and Toyota is exempted
from the obligation of providing notification of, and a 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, 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, the granting of 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 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,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-01204 Filed 1-23-15; 8:45 am]
BILLING CODE 4910-59-P
