Toyota Motor Engineering & Manufacturing North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 16432-16436 [2018-07826]
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Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices
www.regulations.gov, including any
personal information provided. Anyone
is able to search the electronic form of
all comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477–78).
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or the street
address listed above. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Mazurowski, U.S. Department of
Transportation, NHTSA, 1200 New
Jersey Avenue SE, West Building Room
W43–445, NRM–130, Washington, DC
20590. Mr. Robert Mazurowski’s
telephone number is 202–366–1012 and
fax number is 202–366–7002. Please
identify the relevant collection of
information by referring to its OMB
Control Number.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995,
before an agency submits a proposed
collection of information to OMB for
approval, it must first publish a
document in the Federal Register
providing a 60-day comment period and
otherwise consult with members of the
public and affected agencies concerning
each proposed collection of information.
The OMB has promulgated regulations
describing what must be included in
such a document. Under OMB’s
regulation (at 5 CFR 1320.8(d)), an
agency must ask for public comment on
the following:
(i) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(ii) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
(iii) How to enhance the quality,
utility, and clarity of the information to
be collected;
(iv) How to minimize the burden of
the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g. permitting
electronic submission of responses.
In compliance with these requirements,
NHTSA asks for public comments on
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the following proposed collection of
information:
Title: ‘‘Motorcycle Helmets
(Labeling)’’.
OMB Control Number: 2127–0518.
Requested Expiration Date of
Approval: Three years from the
approval date.
Type of Request: Extension of a
currently approved collection.
Affected Public: Businesses.
Summary of the Collection of
Information: The National Traffic
Vehicle Safety statute at 49 U.S.C.
Subchapter II Standards and
Compliance, Sections 30111 and 30117,
authorizes the issuance of Federal motor
vehicle safety standards (FMVSS). The
Secretary is authorized to issue, amend,
and revoke such rules and regulations as
he/she deems necessary. The Secretary
is also authorized to require
manufacturers to provide information to
first purchasers of motor vehicles or
motor vehicle equipment when the
vehicle equipment is purchased, in the
form of printed matter placed in the
vehicle or attached to the motor vehicle
or motor vehicle equipment.
Using this authority, the agency
issued the initial FMVSS No. 218,
‘‘Motorcycle helmets,’’ in 1974.
Motorcycle helmets are devices used to
protect motorcyclists from head injury
in motor vehicle accidents. FMVSS No.
218 S5.6 requires that each helmet shall
be labeled permanently and legibly in a
manner such that the label(s) can be
read easily without removing padding
or any other permanent part.
Estimated Annual Burden: 9,100
hours.
NHTSA estimates that 3,250,000
motorcycle helmets are manufactured
annually by 45 motorcycle helmet
manufacturers. NHTSA also estimates
that 0.0028 hours are spent per helmet
on the required labels. Therefore, the
estimated total annual burden hours for
the collection of information required
in FMVSS No. 218 is 9,100 hours
(= 3,250,000 × 0.0028).
Comments are invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimate of the burden
of the proposed information collection;
ways to enhance the quality, utility and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
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automated collection techniques or
other forms of information technology.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2018–07875 Filed 4–13–18; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2016–0127; 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).
ACTION: Grant 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
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.
FOR FURTHER INFORMATION CONTACT:
Abraham Diaz, Office of Vehicle Safety
Compliance, National Highway Traffic
Safety Administration (NHTSA),
telephone 202–366–5310, facsimile
202–366–5930.
SUPPLEMENTARY INFORMATION:
I. Overview: Toyota has determined
that certain MY 2016–2017 Lexus
RX350 and Lexus RX450H motor
vehicles do not fully comply with
paragraph S4.2 of FMVSS No. 302,
Flammability of Interior Materials (49
CFR 571.302). 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, and provided a
supplement to their petition on
December 12, 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
SUMMARY:
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49 U.S.C. chapter 301 on the basis that
this noncompliance is inconsequential
as it relates to motor vehicle safety.
Notice of receipt of the petition was
published, with a 30-day public
comment period, on April 7, 2017 in the
Federal Register (82 FR 17076). No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) website at:
https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2016–
0127.’’
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 paragraphs S4.2 and S4.3 of
FMVSS No. 302.
IV. Rule Requirements: Paragraphs
S4.2 and S4.3(a) of FMVSS No. 302
includes the requirements relevant to
this petition:
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• Any portion of a single or composite
material which is within 13 millimeters (mm)
of the occupant compartment air space shall
meet the requirements of paragraph S4.3.
• When tested in accordance with
paragraph S5, material described in
paragraphs 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
paragraph 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.
Toyota provided the following
description of the construction of the
front and rear seats related to the subject
noncompliance. 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 leather or synthetic
leather surface, the cover pad, and the
needle punch felt material together are
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referred to as the cover subassembly.
The needle punch felt material is used
to attach the cover subassembly to the
foam pad. Depending on the vehicle
specification, the seat assembly may or
may not contain a seat heater, which is
constructed of a urethane pad and
attached light gauge wire acting as the
heating element. The seat back
construction is identical to the
construction of the seat cushion. The
rear seat assembly also includes a center
armrest assembly that is covered with
an armrest cover sub-assembly.
Depending on the vehicle’s
specification, the armrest may or may
not include a storage bin inside the
center armrest. The needle punch felt is
the only material that does not comply
with FMVSS No. 302 requirements.
In support of its petition, Toyota
submitted the following reasoning:
1. 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.
2. 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.
3. 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.
4. 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.
5. Toyota is not aware of any data
suggesting that fires have occurred in
the field due to the installation of the
non-complying needle punch felt
material.
6. In similar situations, NHTSA has
granted petitions for inconsequential
noncompliance relating to FMVSS No.
302 requirements.
Toyota provided details of the above
reasoning which are described below.
1. Composite Test Conditions
To emulate the potential real world
conditions that could occur to the
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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 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. According to Toyota,
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
simulating open flame exposure inside
the vehicle. The conditions examined
included those where the top leather
and cover pad layers of the cover
subassembly are torn and where the
needle punch felt is exposed to direct
flame. 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.
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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Toyota stated that based on the test
results shown 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. Toyota stated that 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. Toyota further
opined that 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,’’ it believes 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.
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2. Risk of the Seat Heater Element as an
Ignition Source
In order to evaluate any potential risk
associated with the seat heater element
as an internal ignition source, Toyota
stated that it conducted a design review
and tests. Toyota provided the following
findings of the review and tests:
a. In all locations, the needle punch
felt material never comes in direct
contact with a seat heater element wire.
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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
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
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induced by a malfunctioning seat heater
is essentially zero, and no safety risk is
presented.
3. Exposure of the Needle Punch Felt
Material
Toyota stated that 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. Toyota stated that 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.
Toyota explained the construction of
the seat cover subassembly as follows:
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
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is visible or directly exposed to the
occupant compartment.
Toyota stated that 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. Toyota stated that 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.
4. Proportion of the Needle Punch Felt
Material Relative to the Other Soft
Material in the Seat
According to Toyota, the needle
punch felt material comprises up to
approximately 0.32 percent of the total
mass of the soft material of the front seat
assembly, and between 0.48 percent and
0.55 percent of the total mass of the soft
material of the rear seat assembly.
Toyota noted that the needle punch felt
material is only a very small part of the
overall mass of the soft material
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.
Toyota stated that therefore, it would
have an insignificant adverse effect on
the interior material burn rate and the
potential for occupant injury due to
interior fire.
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5. Field Events Involving the Needle
Punch Felt Material
Toyota stated that 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.
6. Previous NHTSA Grants of Petitions
for Inconsequential Noncompliance
Toyota noted that 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.
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In a supplemental letter dated
December 12, 2016, Toyota notified
NHTSA that Transport Canada (TC) had
determined this noncompliance to be
inconsequential. TC concluded ‘‘there is
no real or implied degradation to motor
vehicle safety’’ presented by the
noncompliance with Canada Motor
Vehicle Safety Standard (CMVSS) 302.
Toyota Canada, Inc. stated that no
further notification or remedy action is
required.
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’s Decision
NHTSA’s Analysis: NHTSA has
reviewed Toyota’s analyses that the
subject noncompliance is
inconsequential to motor vehicle safety.
NHTSA considered several factors
specific to this petition and agrees that
the failure of the needle punch felt
material to comply with FMVSS No. 302
is inconsequential to safety in this case:
1. The needle punch felt material in
the subject vehicles is covered by other
materials that do comply with FMVSS
No. 302 thus, the needle punch felt
material is protected from the occupant
compartment where it could directly
come into contact with an ignition
source such as a match or cigarette.
2. With respect to the ignition risk
associated with the seat heater, in the
subject vehicles, NHTSA considered
several factors before agreeing that the
failure of the needle punch felt material,
to comply with FMVSS No. 302, is
inconsequential to safety. In its
evaluation, NHTSA relied on the
information Toyota provided about the
seat heater. First, the needle punch felt
material never comes into direct contact
with the seat heater element wire;
second, the wire design has multiple
built in safety shut off components; and
third, the heater element is designed to
prevent hot-spots. These design factors
restrict the temperature range of the seat
heater element wire to 50 °C–100 °C.
Since this temperature restricted range
is far below the ignition temperature of
the needle punch felt material, 253 °C
as cited by Toyota, it is highly unlikely
for the noncompliant material to
become ignited by the seat heater.
3. When the needle punch felt
material is tested as a composite with
the FMVSS No. 302 compliant materials
(i.e., seat cover, cover pad, foam pad,
seat heater, carpet, and storage bin), that
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cover the punch felt material, in
accordance with the procedures of
FMVSS No. 302, the requirements for
burn rate are met accordingly. Toyota
provided composite test data
representing eight worst case scenarios
for which they collected FMVSS No.
302 test results. The test data provided
showed the maximum burn rate was 68
mm per minute, therefore each of the
tests performed met the burn rate
requirements of 102 mm per minute.
4. The noncompliant material is
approximately 0.32 percent of the total
mass of the soft material of the front seat
assembly and between 0.48 percent and
0.55 percent (less than 1 percent) of the
total mass of the soft material of the rear
seat assembly. Therefore, the
noncompliant material represents an
insignificant quantity of material
compared to the total quantity of
interior vehicle material. In addition,
this insignificant quantity of material is
covered by other materials, all together
forming a composite material that meets
the standard.
5. In an email dated February 20,
2018, Toyota stated that they conducted
a review of field information and
confirmed that as of February 8, 2018,
Toyota was still not aware of any fires,
crashes, injuries or customer complaints
involving this component in the subject
vehicles.
6. As Toyota mentioned, the agency
has granted previous petitions with
similar noncompliances for FMVSS No.
302.
The agency is providing comments
for:
(i) Ford (63 FR 40780, July 30, 1998).
Vehicle console armrests: In Ford’s
petition a non-compliant center console
armrest ‘‘plus pad’’ was determined to
be inconsequential to safety in that it
was located under an exterior cover.
Similarly to Toyota’s petition, the
needle felt punch material is under
exterior components covering it that
meet FMVSS No. 302 flammability
requirements.
(ii) Toyota (80 FR 4035, January 26,
2015). Vehicle seat heaters: The agency
had concluded, the noncompliance in
certain MY 2012–2014 Toyota Camry,
Avalon, Corolla, Sienna, Tundra, and
Tacoma motor vehicles to be
inconsequential to motor vehicle safety,
in part, because the non-complying seat
heaters would normally not be exposed
to open flame or an ignition source in
its installed application and because
they were installed within and
surrounded by complying materials that
meet FMVSS No. 302.
NHTSA’s Decision: In consideration
of the foregoing, NHTSA finds that
Toyota has met its burden of persuasion
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that the subject FMVSS No. 302
noncompliance in the subject vehicles is
inconsequential to motor vehicle safety.
Accordingly, Toyota’s petition is hereby
granted and Toyota 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
vehicles that Toyota no longer
controlled at the time it determined that
the noncompliance existed. However,
the granting of 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)
Claudia W. Covell,
Acting Director, Office of Vehicle Safety
Compliance.
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Multiemployer Pension Plan
Application To Reduce Benefits
Department of the Treasury.
Notice of availability; Request
for comments.
AGENCY:
ACTION:
The Board of Trustees of the
Pressroom Unions’ Pension Trust Fund,
a multiemployer pension plan, has
submitted an application to reduce
benefits under the plan in accordance
with the Multiemployer Pension Reform
Act of 2014 (MPRA). The purpose of
this notice is to announce that the
application submitted by the Board of
Trustees of the Pressroom Unions’
Pension Trust Fund has been published
on the website of the Department of the
Treasury (Treasury), and to request
public comments on the application
from interested parties, including
participants and beneficiaries, employee
organizations, and contributing
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For
information regarding the application
from the Pressroom Unions’ Pension
Trust Fund, please contact Treasury at
(202) 622–1534 (not a toll-free number).
SUPPLEMENTARY INFORMATION: MPRA
amended the Internal Revenue Code to
permit a multiemployer plan that is
projected to have insufficient funds to
reduce pension benefits payable to
participants and beneficiaries if certain
conditions are satisfied. In order to
reduce benefits, the plan sponsor is
required to submit an application to the
Secretary of the Treasury, which must
be approved or denied in consultation
with the Pension Benefit Guaranty
Corporation (PBGC) and the Department
of Labor.
On March 15, 2018, the Board of
Trustees of the Pressroom Unions’
Pension Trust Fund submitted an
application for approval to reduce
benefits under the plan. As required by
MPRA, that application has been
published on Treasury’s website at
https://www.treasury.gov/services/
Pages/Plan-Applications.aspx. Treasury
is publishing this notice in the Federal
Register, in consultation with PBGC and
the Department of Labor, to solicit
public comments on all aspects of the
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2018–07826 Filed 4–13–18; 8:45 am]
SUMMARY:
employers of the Pressroom Unions’
Pension Trust Fund.
DATES: Comments must be received by
May 31, 2018.
ADDRESSES: You may submit comments
electronically through the Federal
eRulemaking Portal at https://
www.regulations.gov, in accordance
with the instructions on that site.
Electronic submissions through
www.regulations.gov are encouraged.
Comments may also be mailed to the
Department of the Treasury, MPRA
Office, 1500 Pennsylvania Avenue NW,
Room 1224, Washington, DC 20220,
Attn: Eric Berger. Comments sent via
facsimile and email will not be
accepted.
Additional Instructions. All
comments received, including
attachments and other supporting
materials, will be made available to the
public. Do not include any personally
identifiable information (such as your
Social Security number, name, address,
or other contact information) or any
other information in your comment or
supporting materials that you do not
want publicly disclosed. Treasury will
make comments available for public
inspection and copying on
www.regulations.gov or upon request.
Comments posted on the internet can be
retrieved by most internet search
engines.
PO 00000
Frm 00152
Fmt 4703
Sfmt 4703
Pressroom Unions’ Pension Trust Fund
application.
Comments are requested from
interested parties, including
participants and beneficiaries, employee
organizations, and contributing
employers of the Pressroom Unions’
Pension Trust Fund. Consideration will
be given to any comments that are
timely received by Treasury.
Dated: April 9, 2018.
David Kautter,
Assistant Secretary for Tax Policy.
[FR Doc. 2018–07842 Filed 4–13–18; 8:45 am]
BILLING CODE 4810–25–P
DEPARTMENT OF VETERANS
AFFAIRS
Notice of Intent To Grant an Exclusive
License
Department of Veterans Affairs.
Notice of intent.
AGENCY:
ACTION:
Notice is hereby given that
the Department of Veterans Affairs (VA),
Office of Research and Development,
Technology Transfer Program, intends
to grant to Meiogen Biotechnology
Corporation, 20 Assembly Square Drive,
Somerville, MA 02145, an exclusive
license to U.S. patent application No.
62/571,900 (‘‘Compositions and
Methods of Interferon Alpha Binding
Proteins’’) VA Invention Disclosure
number 2018–010 titled, ‘‘B18R
(NormferonTM-alpha).’’ The invention
provides compositions comprising of
interferon-alpha binding protein (B18R)
and combined anti-retroviral therapy
(cART) to treat HIV associated
neurogenerative disorder (HAND).
Ultimately, this invention provides a
novel therapeutic option for subjects
with HAND.
DATES: Comments must be received by
May 1, 2018.
ADDRESSES: Written comments may be
submitted through www.regulations.gov;
by mail or hand-delivery to the Director,
Regulations Management (02REG),
Department of Veterans Affairs, 810
Vermont Avenue NW, Room 1068,
Washington, DC 20420; or by fax to
(202) 273–9026 (this is not a toll-free
number). Copies of comments received
will be available for public inspection in
the Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8:00 a.m. and 4:30 p.m.,
Monday through Friday (except
holidays). Call (202) 461–4902 for an
appointment (this is not a toll-free
number). In addition, during the
comment period, comments may be
viewed online through the Federal
SUMMARY:
E:\FR\FM\16APN1.SGM
16APN1
]]>Agencies
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16432-16436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07826]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0127; 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 (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 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.
FOR FURTHER INFORMATION CONTACT: Abraham Diaz, Office of Vehicle Safety
Compliance, National Highway Traffic Safety Administration (NHTSA),
telephone 202-366-5310, facsimile 202-366-5930.
SUPPLEMENTARY INFORMATION:
I. Overview: Toyota has determined that certain MY 2016-2017 Lexus
RX350 and Lexus RX450H motor vehicles do not fully comply with
paragraph S4.2 of FMVSS No. 302, Flammability of Interior Materials (49
CFR 571.302). 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, and provided a supplement to their petition on December 12,
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
[[Page 16433]]
49 U.S.C. chapter 301 on the basis that this noncompliance is
inconsequential as it relates to motor vehicle safety.
Notice of receipt of the petition was published, with a 30-day
public comment period, on April 7, 2017 in the Federal Register (82 FR
17076). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at: https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2016-0127.''
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
paragraphs S4.2 and S4.3 of FMVSS No. 302.
IV. Rule Requirements: Paragraphs S4.2 and S4.3(a) of FMVSS No. 302
includes the requirements relevant to this petition:
Any portion of a single or composite material which is
within 13 millimeters (mm) of the occupant compartment air space
shall meet the requirements of paragraph S4.3.
When tested in accordance with paragraph S5, material
described in paragraphs 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 paragraph 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.
Toyota provided the following description of the construction of
the front and rear seats related to the subject noncompliance. 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
leather or synthetic leather surface, the cover pad, and the needle
punch felt material together are referred to as the cover subassembly.
The needle punch felt material is used to attach the cover subassembly
to the foam pad. Depending on the vehicle specification, the seat
assembly may or may not contain a seat heater, which is constructed of
a urethane pad and attached light gauge wire acting as the heating
element. The seat back construction is identical to the construction of
the seat cushion. The rear seat assembly also includes a center armrest
assembly that is covered with an armrest cover sub-assembly. Depending
on the vehicle's specification, the armrest may or may not include a
storage bin inside the center armrest. The needle punch felt is the
only material that does not comply with FMVSS No. 302 requirements.
In support of its petition, Toyota submitted the following
reasoning:
1. 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.
2. 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.
3. 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.
4. 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.
5. Toyota is not aware of any data suggesting that fires have
occurred in the field due to the installation of the non-complying
needle punch felt material.
6. In similar situations, NHTSA has granted petitions for
inconsequential noncompliance relating to FMVSS No. 302 requirements.
Toyota provided details of the above reasoning which are described
below.
1. Composite Test Conditions
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 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. According to Toyota, 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 simulating open flame exposure inside the vehicle.
The conditions examined included those where the top leather and cover
pad layers of the cover subassembly are torn and where the needle punch
felt is exposed to direct flame. 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.
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.
[[Page 16434]]
[GRAPHIC] [TIFF OMITTED] TN16AP18.024
Toyota stated that based on the test results shown 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. Toyota stated that 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. Toyota further opined that 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,'' it believes 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.
2. Risk of the Seat Heater Element as an Ignition Source
In order to evaluate any potential risk associated with the seat
heater element as an internal ignition source, Toyota stated that it
conducted a design review and tests. Toyota provided the following
findings of the review and tests:
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 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.
3. Exposure of the Needle Punch Felt Material
Toyota stated that 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. Toyota
stated that 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.
Toyota explained the construction of the seat cover subassembly as
follows: 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
[[Page 16435]]
is visible or directly exposed to the occupant compartment.
Toyota stated that 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. Toyota stated that 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.
4. Proportion of the Needle Punch Felt Material Relative to the Other
Soft Material in the Seat
According to Toyota, the needle punch felt material comprises up to
approximately 0.32 percent of the total mass of the soft material of
the front seat assembly, and between 0.48 percent and 0.55 percent of
the total mass of the soft material of the rear seat assembly. Toyota
noted that the needle punch felt material is only a very small part of
the overall mass of the soft material 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.
Toyota stated that therefore, it would have an insignificant adverse
effect on the interior material burn rate and the potential for
occupant injury due to interior fire.
5. Field Events Involving the Needle Punch Felt Material
Toyota stated that 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.
6. Previous NHTSA Grants of Petitions for Inconsequential Noncompliance
Toyota noted that 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.
In a supplemental letter dated December 12, 2016, Toyota notified
NHTSA that Transport Canada (TC) had determined this noncompliance to
be inconsequential. TC concluded ``there is no real or implied
degradation to motor vehicle safety'' presented by the noncompliance
with Canada Motor Vehicle Safety Standard (CMVSS) 302. Toyota Canada,
Inc. stated that no further notification or remedy action is required.
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's Decision
NHTSA's Analysis: NHTSA has reviewed Toyota's analyses that the
subject noncompliance is inconsequential to motor vehicle safety. NHTSA
considered several factors specific to this petition and agrees that
the failure of the needle punch felt material to comply with FMVSS No.
302 is inconsequential to safety in this case:
1. The needle punch felt material in the subject vehicles is
covered by other materials that do comply with FMVSS No. 302 thus, the
needle punch felt material is protected from the occupant compartment
where it could directly come into contact with an ignition source such
as a match or cigarette.
2. With respect to the ignition risk associated with the seat
heater, in the subject vehicles, NHTSA considered several factors
before agreeing that the failure of the needle punch felt material, to
comply with FMVSS No. 302, is inconsequential to safety. In its
evaluation, NHTSA relied on the information Toyota provided about the
seat heater. First, the needle punch felt material never comes into
direct contact with the seat heater element wire; second, the wire
design has multiple built in safety shut off components; and third, the
heater element is designed to prevent hot-spots. These design factors
restrict the temperature range of the seat heater element wire to 50
[deg]C-100 [deg]C. Since this temperature restricted range is far below
the ignition temperature of the needle punch felt material, 253 [deg]C
as cited by Toyota, it is highly unlikely for the noncompliant material
to become ignited by the seat heater.
3. When the needle punch felt material is tested as a composite
with the FMVSS No. 302 compliant materials (i.e., seat cover, cover
pad, foam pad, seat heater, carpet, and storage bin), that cover the
punch felt material, in accordance with the procedures of FMVSS No.
302, the requirements for burn rate are met accordingly. Toyota
provided composite test data representing eight worst case scenarios
for which they collected FMVSS No. 302 test results. The test data
provided showed the maximum burn rate was 68 mm per minute, therefore
each of the tests performed met the burn rate requirements of 102 mm
per minute.
4. The noncompliant material is approximately 0.32 percent of the
total mass of the soft material of the front seat assembly and between
0.48 percent and 0.55 percent (less than 1 percent) of the total mass
of the soft material of the rear seat assembly. Therefore, the
noncompliant material represents an insignificant quantity of material
compared to the total quantity of interior vehicle material. In
addition, this insignificant quantity of material is covered by other
materials, all together forming a composite material that meets the
standard.
5. In an email dated February 20, 2018, Toyota stated that they
conducted a review of field information and confirmed that as of
February 8, 2018, Toyota was still not aware of any fires, crashes,
injuries or customer complaints involving this component in the subject
vehicles.
6. As Toyota mentioned, the agency has granted previous petitions
with similar noncompliances for FMVSS No. 302.
The agency is providing comments for:
(i) Ford (63 FR 40780, July 30, 1998). Vehicle console armrests: In
Ford's petition a non-compliant center console armrest ``plus pad'' was
determined to be inconsequential to safety in that it was located under
an exterior cover. Similarly to Toyota's petition, the needle felt
punch material is under exterior components covering it that meet FMVSS
No. 302 flammability requirements.
(ii) Toyota (80 FR 4035, January 26, 2015). Vehicle seat heaters:
The agency had concluded, the noncompliance in certain MY 2012-2014
Toyota Camry, Avalon, Corolla, Sienna, Tundra, and Tacoma motor
vehicles to be inconsequential to motor vehicle safety, in part,
because the non-complying seat heaters would normally not be exposed to
open flame or an ignition source in its installed application and
because they were installed within and surrounded by complying
materials that meet FMVSS No. 302.
NHTSA's Decision: In consideration of the foregoing, NHTSA finds
that Toyota has met its burden of persuasion
[[Page 16436]]
that the subject FMVSS No. 302 noncompliance in the subject vehicles is
inconsequential to motor vehicle safety. Accordingly, Toyota's petition
is hereby granted and Toyota 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 vehicles that Toyota no longer controlled
at the time it determined that the noncompliance existed. However, the
granting of 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)
Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-07826 Filed 4-13-18; 8:45 am]
BILLING CODE 4910-59-P
