Toyota Motor North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 415-416 [2019-28372]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Notices]
[Pages 415-416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28372]



[[Page 415]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0098; 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.

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SUMMARY: Toyota Motor North America, Inc., (Toyota) has determined that 
certain model year (MY) 2019 Toyota Tacoma motor vehicles do not fully 
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 209, Seat 
Belt Assemblies. Toyota filed a noncompliance report dated September 5, 
2019. Toyota subsequently petitioned NHTSA on September 27, 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 February 3, 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 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 2019 Toyota 
Tacoma Double Cab motor vehicles do not fully comply with paragraph 
S4.1 of FMVSS No. 209, Seat Belt Assemblies (49 CFR 571.209). Toyota 
filed a noncompliance report dated September 5, 2019 pursuant to 49 CFR 
part 573, Defect and Noncompliance Responsibility and Reports. Toyota 
subsequently petitioned NHTSA on September 27, 2019 for an exemption 
from the notification and remedy requirements of 49 U.S.C Chapter 301 
on the basis that this noncompliance is inconsequential as it relates 
to motor vehicle safety 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 exercises of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 70 MY 2019 Toyota Tacoma 
Double Cab motor vehicles, manufactured between July 25, 2019 and July 
30, 2019, are potentially involved.
    III. Noncompliance: Toyota explains that the noncompliance is that 
the subject vehicles are missing seat belt labels on the rear center 
seat belt assemblies and therefore, do not meet the requirements set 
forth in paragraph S4.1 of FMVSS No. 209. Specifically, the label which 
is sewn to the rear center seat belt may have been mistakenly removed 
while scanning the code on the label.
    IV. Rule Requirements: Paragraph S4.1(j) of FMVSS No. 209 includes 
the requirements relevant to this petition. Each seat belt assembly 
shall be permanently and legibly marked or labeled with the year of 
manufacture, model, and name or trademark of manufacturer or 
distributor, or of importer if manufactured outside the United States.
    V. Summary of Toyota's Petition: The following views and arguments 
presented in this section 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. The noncompliant seat belt assemblies were properly installed, 
and due to Toyota's replacement parts ordering systems, improper 
replacement seat belt assembly selection and installation would not be 
likely to occur:
    Toyota stated that the primary purpose of the seat belt label 
required by S4.1(j) of FMVSS No. 209 is to identify the seat belt in 
the event it needs to be replaced. Toyota contends that there are other 
means to identify the seat belt without looking at the label, and these 
methods are equally effective in identifying the correct seat belt to 
install in a vehicle in the event a replacement is needed.
    According to Toyota, all the noncomplying seat belts were installed 
as original equipment in the subject vehicles and are unique to the 
Tacoma rear center seat; they cannot be properly installed in any other 
Tacoma seating positions and are not used on any other Toyota or Lexus 
models (Service replacement parts are not affected and contain required 
labels). Toyota also states that manufacturing processes and the unique 
properties of this center rear belt assembly matches the correct rear 
center seat belt with the rear seat that is tied to a specific VIN. 
Toyota states this

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assures that an incorrect seat belt will not be installed in a vehicle 
during its assembly. If a seat belt replacement is needed, the service 
parts system would also preclude the purchase and installation of an 
improper replacement seat belt assembly. Toyota's petition contends 
that seat belt assembly service parts are ordered through the Toyota 
authorized dealership system using the seat belt assembly part number 
or the VIN and that replacement parts for the subject seat belt 
assemblies are not distributed through the general automotive 
aftermarket; they are only sold by Toyota dealers. Toyota also states 
that the seat belt retractor also has a separate label with the 
supplier part number which can further help identify the seat belt 
during replacement.
    The Toyota petition further states that when a purchaser orders a 
seat belt replacement part, the installation instruction, usage, and 
maintenance instructions are included in the service parts packaging 
and clearly identifies that the seat belt is for a Toyota Tacoma and 
identifies the seat belt installation location. According to Toyota, 
these instructions comply with paragraph S4.1(k) of FMVSS No. 209.
    Given the purpose of paragraph S4.1(j) of FMVSS No. 209 Toyota 
believes there are alternative methods as noted above that can be used 
to identify seat belts if they need to be replaced.
    Therefore, Toyota states that the noncompliant seat belts as 
installed in the vehicle do not present a safety risk, and the chance 
of an incorrect seat belt being installed in a vehicle is essentially 
zero.
    2. In the event of a recall the seat belt installed in each vehicle 
can be identified based on the VIN:
    Another purpose of the labeling requirement in the standard is to 
allow for easier identification of a seat belt in the event a safety 
recall is initiated. Toyota states that traceability in the Toyota 
production system ensures the seat belts can be easily identified 
without the label specified in paragraph S4.1(j) of FMVSS No. 209.
    Toyota again stated that each seat section and the center rear seat 
belt has a label with a code which is scanned into the seat supplier's 
system and tied to the VIN for traceability. In the event of a safety 
recall for this part, Toyota believes the VIN is a sufficient means of 
identifying the potentially affected vehicles. Therefore, Toyota states 
the absence of the label specified in the standard poses no risk to 
motor vehicle safety.
    3. The seat belt complies with all other requirements of FMVSS No. 
209:
    The noncomplying seat belt assemblies may lack the required marking 
or labeling, but Toyota states all the seat belt assemblies meet all 
other requirements of the standard. According to Toyota, there is no 
impact to performance, functionality, or occupant safety.
    4. Toyota is unaware of any owner complaints, field reports, or 
allegations of hazardous circumstances concerning missing seat belt 
labels in the subject vehicles:
    Toyota has searched its records for reports or other information 
concerning the rear center seat belts in the subject vehicles. No owner 
complaints, field reports, or allegations of hazardous circumstances 
concerning missing seat belt labels were found.
    5. Toyota believes NHTSA has granted similar petitions for 
inconsequential noncompliance:
    Toyota cited four FMVSS No. 209 petitions for inconsequential 
noncompliance related to seat belt assemblies:

 Chrysler Corporation, 57 FR 45865 (October 5, 1992)
 TRW Inc., 58 FR 7171 (February 4, 1993)
 Bombardier Motor Corporation of America, 65 FR 60238 (October 
10, 2000)
 Oreion, 80 FR 5616 (November 21, 2014)

    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)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-28372 Filed 1-2-20; 8:45 am]
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