Toyota Motor North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 66276-66278 [2019-26086]

Download as PDF 66276 Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Notices number FTA–2019–0001, as described in the Emergency Relief Program final rule (49 CFR 602.15), however, recipients should not proceed with a project with the expectation that waivers will be provided. It is recommended that recipients discuss waiver requests with their FTA regional office prior to submission to the docket. II. Federal Award Administration A. TrAMS Grant Application Once FTA allocates Emergency Relief funds to a recipient, the recipient will be required to submit a grant application electronically via FTA’s TrAMS system. FTA will assign distinct project identification numbers for recovery/ rebuilding projects. Recipients are required to maintain records, including but not limited to all invoices, contracts, time sheets, and other evidence of expenses to assist FTA in validating the eligibility and completeness of a recipient’s reimbursement requests under the Improper Payment Information Act. Upon application, the eligible recipient should provide the information outlined in the Emergency Relief final rule (49 CFR 602.17). For grant applications for reimbursement for emergency operations costs, applicants should include summary information as described in the final rule (dates, hours, number of vehicles, and total fare revenues, if any, received for the emergency service), as well as cost and a description of services in sufficient detail for FTA to identify the costs as reasonable and eligible under the Emergency Relief Program. Back-up or supporting documentation may be requested upon FTA’s review of the application or at a later date. Any costs determined to be ineligible after disbursement of funds must be refunded to the FTA. lotter on DSKBCFDHB2PROD with NOTICES B. Payment Upon award, payments to recipients will be made by electronic transfer to the recipient’s financial institution through the FTA’s Electronic Clearing House Operation (ECHO) system. C. Grant Requirements Emergency Relief funds may only be used for eligible purposes as defined in Federal public transportation law (49 U.S.C. 5324) and as described in the Emergency Relief Program final rule (49 CFR part 602) and this notice. Additional grant requirement information can be found in FTA’s Emergency Relief Manual. Recipients of Emergency Relief funds must comply with all applicable Federal VerDate Sep<11>2014 18:27 Dec 02, 2019 Jkt 250001 requirements, including FTA’s Master Agreement. Each grant for Emergency Relief funds will include special grant conditions, including but not limited to, application of insurance proceeds, application of any FEMA funds received, and Federal share. These special conditions will be incorporated into the grant agreement for all Emergency Relief funds obligated for 2018 disaster response and recovery. D. Reporting Post-award reporting requirements include submission of the Federal Financial Reports (FFRs) and Milestone Progress Reports (MPRs) in TrAMS consistent with the FTA’s grants management Circular 5010.1E. E. Oversight and Audits FTA will provide oversight of grants funded through the Emergency Relief Program using its standard oversight programs, including Triennial Reviews and State Management Reviews. FTA may assign program level reviews such as Procurement System Reviews or Financial Management Oversight reviews. FTA will monitor the use of insurance proceeds to ensure the recipient meets program requirements. FTA may undertake other reviews of projects, such as Technical Capacity and Capability Assessments; Risk Assessments; Cost, Schedule, and Scope Reviews; and other reviews FTA determines are necessary. F. Federal Awarding Agency Contact For program-specific questions about applying for the funds through GRANTS.GOV as outlined in this notice, please contact Thomas Wilson, Office of Program Management, 1200 New Jersey Ave. SE, Washington, DC 20590, phone: (202) 366–5279, or email, Thomas.Wilson@dot.gov. For legal questions, contact Bonnie Graves, Office of Chief Counsel, 90 Seventh St., Ste 15–300, San Francisco, CA 94103, phone: (202) 366–0944, or email, Bonnie.Graves@dot.gov. K. Jane Williams, Acting Administrator. [FR Doc. 2019–26068 Filed 12–2–19; 8:45 am] BILLING CODE P PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2019–0071; Notice 1] Toyota Motor 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 North America, Inc., (Toyota) has determined that certain model year (MY) 2013–2019 Toyota RAV4 and MY 2014–2019 Toyota Highlander motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior Materials. Toyota filed a noncompliance report dated June 19, 2019. Toyota subsequently petitioned NHTSA on July 12, 2019, and later amended that petition on August 13, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of Toyota’s petition. DATES: Send comments on or before January 2, 2020. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited in the title of this notice and may be submitted by any of the following methods: • Mail: Send comments by mail addressed to the U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver comments by hand to the 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 for Federal Holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website 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 SUMMARY: E:\FR\FM\03DEN1.SGM 03DEN1 lotter on DSKBCFDHB2PROD with NOTICES Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Notices attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that comments you have submitted by mail were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All comments, background documentation, and supporting materials submitted to the docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the internet at https:// www.regulations.gov by following the online instructions for accessing the dockets. The docket ID number for this petition is shown in the heading of this notice. DOT’s complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000 (65 FR 19477–78). SUPPLEMENTARY INFORMATION: I. Overview: Toyota has determined that certain MY 2013–2019 Toyota RAV4 and certain Toyota Highlander motor vehicles do not fully comply with paragraph S4 of FMVSS No. 302, Flammability of Interior Materials (49 CFR 571.302). Toyota filed a noncompliance report dated June 19, 2019, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Toyota subsequently petitioned NHTSA on July 12, 2019, and later amended its petition on August 13, 2019, for an exemption from the notification and remedy requirement of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. 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 VerDate Sep<11>2014 18:27 Dec 02, 2019 Jkt 250001 judgment concerning the merits of the petition. II. Vehicles Involved: Approximately 2,144,217 MY 2013–2019 Toyota RAV4 and MY 2014–2019 Toyota Highlander/ Highlander HV motor vehicles, manufactured between December 21, 2012 and March 28, 2019, are potentially involved. III. Noncompliance: Toyota explains that the noncompliance is that the subject vehicles are equipped with floor mats that contain hook and loop fasteners that do not meet the flammability requirements set forth in paragraphs S4.1 through S4.3(b) of FMVSS No. 302. Specifically, the loop side of the fastener that attaches the floor mat to the underlying padding is made from a material that is noncompliant. IV. Rule Requirements: Paragraphs S4.1 through S4.3(b) of FMVSS No. 302 includes the requirements relevant to this petition. The portions described in paragraph S4.2 of the following components of vehicle occupant compartments shall meet the requirements of paragraph S4.3, seat cushions, seatbacks, seat belts, headlining, convertible tops, armrests, 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. Any material that does not adhere to other material(s) at every point of contact shall meet the requirements of paragraph S4.3(a) 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. 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 paragraph S4.3(a). V. Summary of Toyota’s Petition: The following views and arguments presented in this section, V. Summary of Toyota’s Petition, are the views and arguments provided by Toyota. They have not been evaluated by the Agency and do not reflect the views of the Agency. PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 66277 Toyota described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. Toyota submitted the following views and arguments in support of the petition: 1. When tested as a ‘‘composite,’’ FMVSS No. 302 criteria are met: Toyota conducted FMVSS No. 302 burn testing of the loop fastener when assembled to the carpet as a ‘‘composite.’’ Toyota chose configurations to evaluate that were the most conservative in determining the material burn rate performance. Toyota conducted burn rate testing using composite samples that were cut from mass production parts. Although the loop fasteners are not installed directly at the edge of the carpet, in order to test at the worst-case position for burn rate, Toyota tested with the fasteners aligned at the edge of the carpet. As evidenced by the test data, the loop material complies with FMVSS No. 302 when tested as a ‘‘composite’’ as installed in the vehicle. 2. The loop fastener is not exposed directly to the occupant compartment air space: As noted previously, 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.’’ The noncomplying loop fastener 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 beneath and completely covered by the carpet material which complies with FMVSS No. 302. The loop fastener is layered between other FMVSS No. 302 compliant materials. The fastener is attached to the underside of the carpet for the purpose of attaching it to the underlying padding. No portion of the loop fastener material is visible or directly exposed to the occupant compartment as installed in the vehicle. As constructed, it would be highly unlikely that the loop fastener material would ever be exposed to ignition sources such as matches or cigarettes, identified in paragraph S2 of FMVSS No. 302 as a stated purpose of the standard. Because the loop fastener material is covered and layered between FMVSS No. 302-compliant materials, it would be extremely unlikely that a vehicle occupant would ever be exposed to a risk of injury as a result of the noncompliance. Given the stated purpose of FMVSS No. 302, Toyota believes that the E:\FR\FM\03DEN1.SGM 03DEN1 lotter on DSKBCFDHB2PROD with NOTICES 66278 Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Notices noncompliant loop fastener material, as installed in the vehicle, does not present a safety risk, and the chance of fire or flame propagation is essentially zero. 3. The loop fastener is a very small portion of the carpet assembly: The loop fastener material is only a very small part of the overall mass of the soft material comprising the carpet assembly (i.e., up to a maximum of 0.037% depending on the vehicle model), and is significantly less in relation to the entire vehicle interior surface area that could potentially be exposed to flame. Therefore, it would have an insignificant adverse effect on interior material burn rate and the potential for occupant injury due to interior fire. 4. There are no relevant field incidents: Toyota conducted a search of consumer complaints, field reports, dealer reports, Vehicle Owner Questionnaires (VOQs), and legal claims for the subject vehicles and found no reports relating to ignition of the loop fastener. As of July 10, 2019, Toyota is not aware of any fires, crashes, or injuries in connection with this component in the subject vehicles. 5. In similar situations, NHTSA has granted petitions for inconsequential noncompliance relating to the subject requirement of FMVSS No. 302: Toyota stated NHTSA has previously granted at least ten FMVSS No. 302 petitions for inconsequential noncompliance, one of which was for a vehicle’s console armrest, one of which was for large truck sleeper bedding, one of which was for seating material, and six of which were for issues related to child restraints. A citation to each is provided below: • Paccar (57 FR 45868, October 5, 1992) (Noncompliant tape edging surrounding otherwise compliant bedding materials in a large truck sleeper bed was deemed by the agency to be inconsequential). • Fisher-Price (60 FR 41152, August 11, 1995) (Noncompliant fabric used in CRS shoulder straps was deemed to be inconsequential by the agency). • Century (60 FR 41148, August 11, 1995) (Noncompliant seat covers were determined unlikely to pose a flammability risk when securely sewn to the seat). • Cosco (60 FR 41150, August 11, 1995) (Noncompliant fabric used in CRS shoulder straps was deemed to be inconsequential). • Kolcraft (63 FR 24585, May 4, 1998) (One or more of the fitting, face, or backing materials of CRS seat covers were noncompliant). VerDate Sep<11>2014 18:27 Dec 02, 2019 Jkt 250001 • Cosco (63 FR 30809, June 5, 1998) (Noncomplying fiberfill incorporated into a pillow located in a child restraint was inconsequential to safety due to the unlikelihood of exposure to an ignition source). • Ford (63 FR 40780, July 30, 1998) (A noncompliant center console armrest ‘‘plus pad’’ was determined by the Agency to be inconsequential to safety in that, because of its location under an exterior cover). • Graco (77 FR 14055, March 8, 2012) (Certain noncompliant warning labels attached to the outside of detachable accessory pillows were deemed inconsequential by the Agency due to the relatively small size of the label). • Toyota (80 FR 4035, January 26, 2015) (Certain noncompliant front and rear seat back and seat cushion seat heaters were determined by the Agency to be inconsequential to safety in that the seat heaters were unlikely to pose a flammability risk). • Toyota (83 FR 16433, April 16, 2018) (Certain noncompliant needle punch felt material used in the front and rear seat covers and rear center armrest assemblies were determined by the Agency to be inconsequential to safety). In support of Toyota’s petition, Toyota submitted the following supplemental information in support of the petition: Toyota stated that on July 31, 2019, Transport Canada (TC) notified Toyota Canada, Inc. (TCI) that it had evaluated information supplied by TCI in connection with a Notice of Noncompliance submitted to TC involving the same facts that gave rise to the part 573 Report that is subject of this inconsequentiality petition. Transport Canada concluded that ‘‘there is no real or implied degradation to motor vehicle safety’’ presented by the noncompliance with FMVSS No. 302, and indicated that no further notification or remedy action is required.’’ Toyota concludes that the subject noncompliance is inconsequential as it relates to motor vehicle safety and that its petition to be exempted from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 49 U.S.C. 30120, should be granted. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 noncompliance and to remedy the defect or noncompliance. Therefore, any decision on this petition only applies to the subject vehicles that Toyota no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after Toyota notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 49 CFR 1.95 and 501.8. Jeffrey Mark Giuseppe, Associate Administrator for Enforcement. [FR Doc. 2019–26086 Filed 12–2–19; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Notice of OFAC Sanctions Actions Office of Foreign Assets Control, Treasury. AGENCY: ACTION: Notice. The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. SUMMARY: See SUPPLEMENTARY INFORMATION section. DATES: FOR FURTHER INFORMATION CONTACT: Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622–2490; Assistant Director for Licensing, tel.: 202–622–2480; or Assistant Director for Regulatory Affairs, tel.: 202–622–4855. SUPPLEMENTARY INFORMATION: Electronic Availability The Specially Designated Nationals and Blocked Persons List and additional information concerning OFAC sanctions programs are available on OFAC’s website (https://www.treasury.gov/ofac). E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Notices]
[Pages 66276-66278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26086]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0071; Notice 1]


Toyota Motor 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 North America, Inc., (Toyota) has determined that 
certain model year (MY) 2013-2019 Toyota RAV4 and MY 2014-2019 Toyota 
Highlander motor vehicles do not fully comply with Federal Motor 
Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior 
Materials. Toyota filed a noncompliance report dated June 19, 2019. 
Toyota subsequently petitioned NHTSA on July 12, 2019, and later 
amended that petition on August 13, 2019, for a decision that the 
subject noncompliance is inconsequential as it relates to motor vehicle 
safety. This notice announces receipt of Toyota's petition.

DATES: Send comments on or before January 2, 2020.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and may be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the 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 for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website 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

[[Page 66277]]

attachments to the comments. If comments are submitted in hard copy 
form, please ensure that two copies are provided. If you wish to 
receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Toyota has determined that certain MY 2013-2019 Toyota 
RAV4 and certain Toyota Highlander motor vehicles do not fully comply 
with paragraph S4 of FMVSS No. 302, Flammability of Interior Materials 
(49 CFR 571.302). Toyota filed a noncompliance report dated June 19, 
2019, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Toyota subsequently petitioned NHTSA on 
July 12, 2019, and later amended its petition on August 13, 2019, for 
an exemption from the notification and remedy requirement of 49 U.S.C. 
Chapter 301 on the basis that this noncompliance is inconsequential as 
it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or 
Noncompliance.
    This notice of receipt of Toyota's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any Agency decision or 
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 2,144,217 MY 2013-2019 Toyota 
RAV4 and MY 2014-2019 Toyota Highlander/Highlander HV motor vehicles, 
manufactured between December 21, 2012 and March 28, 2019, are 
potentially involved.
    III. Noncompliance: Toyota explains that the noncompliance is that 
the subject vehicles are equipped with floor mats that contain hook and 
loop fasteners that do not meet the flammability requirements set forth 
in paragraphs S4.1 through S4.3(b) of FMVSS No. 302. Specifically, the 
loop side of the fastener that attaches the floor mat to the underlying 
padding is made from a material that is noncompliant.
    IV. Rule Requirements: Paragraphs S4.1 through S4.3(b) of FMVSS No. 
302 includes the requirements relevant to this petition. The portions 
described in paragraph S4.2 of the following components of vehicle 
occupant compartments shall meet the requirements of paragraph S4.3, 
seat cushions, seatbacks, seat belts, headlining, convertible tops, 
armrests, 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. Any material that does 
not adhere to other material(s) at every point of contact shall meet 
the requirements of paragraph S4.3(a) 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. 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 paragraph S4.3(a).
    V. Summary of Toyota's Petition:
    The following views and arguments presented in this section, V. 
Summary of Toyota's Petition, are the views and arguments provided by 
Toyota. They have not been evaluated by the Agency and do not reflect 
the views of the Agency.
    Toyota described the subject noncompliance and stated its belief 
that the noncompliance is inconsequential as it relates to motor 
vehicle safety.
    Toyota submitted the following views and arguments in support of 
the petition:
    1. When tested as a ``composite,'' FMVSS No. 302 criteria are met:
    Toyota conducted FMVSS No. 302 burn testing of the loop fastener 
when assembled to the carpet as a ``composite.'' Toyota chose 
configurations to evaluate that were the most conservative in 
determining the material burn rate performance.
    Toyota conducted burn rate testing using composite samples that 
were cut from mass production parts. Although the loop fasteners are 
not installed directly at the edge of the carpet, in order to test at 
the worst-case position for burn rate, Toyota tested with the fasteners 
aligned at the edge of the carpet.
    As evidenced by the test data, the loop material complies with 
FMVSS No. 302 when tested as a ``composite'' as installed in the 
vehicle.
    2. The loop fastener is not exposed directly to the occupant 
compartment air space:
    As noted previously, 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.'' The noncomplying loop fastener 
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 beneath and completely covered by the carpet 
material which complies with FMVSS No. 302.
    The loop fastener is layered between other FMVSS No. 302 compliant 
materials. The fastener is attached to the underside of the carpet for 
the purpose of attaching it to the underlying padding. No portion of 
the loop fastener material is visible or directly exposed to the 
occupant compartment as installed in the vehicle. As constructed, it 
would be highly unlikely that the loop fastener material would ever be 
exposed to ignition sources such as matches or cigarettes, identified 
in paragraph S2 of FMVSS No. 302 as a stated purpose of the standard. 
Because the loop fastener material is covered and layered between FMVSS 
No. 302-compliant materials, it would be extremely unlikely that a 
vehicle occupant would ever be exposed to a risk of injury as a result 
of the noncompliance.
    Given the stated purpose of FMVSS No. 302, Toyota believes that the

[[Page 66278]]

noncompliant loop fastener material, as installed in the vehicle, does 
not present a safety risk, and the chance of fire or flame propagation 
is essentially zero.
    3. The loop fastener is a very small portion of the carpet 
assembly:
    The loop fastener material is only a very small part of the overall 
mass of the soft material comprising the carpet assembly (i.e., up to a 
maximum of 0.037% depending on the vehicle model), and is significantly 
less in relation to the entire vehicle interior surface area that could 
potentially be exposed to flame. Therefore, it would have an 
insignificant adverse effect on interior material burn rate and the 
potential for occupant injury due to interior fire.
    4. There are no relevant field incidents:
    Toyota conducted a search of consumer complaints, field reports, 
dealer reports, Vehicle Owner Questionnaires (VOQs), and legal claims 
for the subject vehicles and found no reports relating to ignition of 
the loop fastener. As of July 10, 2019, Toyota is not aware of any 
fires, crashes, or injuries in connection with this component in the 
subject vehicles.
    5. In similar situations, NHTSA has granted petitions for 
inconsequential noncompliance relating to the subject requirement of 
FMVSS No. 302:
    Toyota stated NHTSA has previously granted at least ten FMVSS No. 
302 petitions for inconsequential noncompliance, one of which was for a 
vehicle's console armrest, one of which was for large truck sleeper 
bedding, one of which was for seating material, and six of which were 
for issues related to child restraints. A citation to each is provided 
below:
     Paccar (57 FR 45868, October 5, 1992) (Noncompliant tape 
edging surrounding otherwise compliant bedding materials in a large 
truck sleeper bed was deemed by the agency to be inconsequential).
     Fisher-Price (60 FR 41152, August 11, 1995) (Noncompliant 
fabric used in CRS shoulder straps was deemed to be inconsequential by 
the agency).
     Century (60 FR 41148, August 11, 1995) (Noncompliant seat 
covers were determined unlikely to pose a flammability risk when 
securely sewn to the seat).
     Cosco (60 FR 41150, August 11, 1995) (Noncompliant fabric 
used in CRS shoulder straps was deemed to be inconsequential).
     Kolcraft (63 FR 24585, May 4, 1998) (One or more of the 
fitting, face, or backing materials of CRS seat covers were 
noncompliant).
     Cosco (63 FR 30809, June 5, 1998) (Noncomplying fiberfill 
incorporated into a pillow located in a child restraint was 
inconsequential to safety due to the unlikelihood of exposure to an 
ignition source).
     Ford (63 FR 40780, July 30, 1998) (A noncompliant center 
console armrest ``plus pad'' was determined by the Agency to be 
inconsequential to safety in that, because of its location under an 
exterior cover).
     Graco (77 FR 14055, March 8, 2012) (Certain noncompliant 
warning labels attached to the outside of detachable accessory pillows 
were deemed inconsequential by the Agency due to the relatively small 
size of the label).
     Toyota (80 FR 4035, January 26, 2015) (Certain 
noncompliant front and rear seat back and seat cushion seat heaters 
were determined by the Agency to be inconsequential to safety in that 
the seat heaters were unlikely to pose a flammability risk).
     Toyota (83 FR 16433, April 16, 2018) (Certain noncompliant 
needle punch felt material used in the front and rear seat covers and 
rear center armrest assemblies were determined by the Agency to be 
inconsequential to safety).
    In support of Toyota's petition, Toyota submitted the following 
supplemental information in support of the petition:
    Toyota stated that on July 31, 2019, Transport Canada (TC) notified 
Toyota Canada, Inc. (TCI) that it had evaluated information supplied by 
TCI in connection with a Notice of Noncompliance submitted to TC 
involving the same facts that gave rise to the part 573 Report that is 
subject of this inconsequentiality petition.
    Transport Canada concluded that ``there is no real or implied 
degradation to motor vehicle safety'' presented by the noncompliance 
with FMVSS No. 302, and indicated that no further notification or 
remedy action is required.''
    Toyota concludes that the subject noncompliance is inconsequential 
as it relates to motor vehicle safety and that its petition to be 
exempted from providing notification of the noncompliance, as required 
by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 
49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, any decision on 
this petition only applies to the subject vehicles that Toyota no 
longer controlled at the time it determined that the noncompliance 
existed. However, any decision on this petition does not relieve 
vehicle distributors and dealers of the prohibitions on the sale, offer 
for sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant vehicles under their control after Toyota 
notified them that the subject noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey Mark Giuseppe,
Associate Administrator for Enforcement.
[FR Doc. 2019-26086 Filed 12-2-19; 8:45 am]
 BILLING CODE 4910-59-P