Toyota Motor North America, Inc., Receipt of Petitions for Decision of Inconsequential Noncompliance, 15549-15551 [2021-05921]
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Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Notices
no risk of brake system failure due to
pressure loss. Testing also shows there
is no meaningful effect on vehicle
braking performance built with the
noncompliant brake hose assemblies.
2. FCA claims that the Ram 4500/5500
Cab Chassis vehicle achieves no more
than 2,500 pounds per square inch (PSI)
in the brake hose assemblies when
performing FMVSS No. 105 testing for
stopping distance. FMVSS No. 106
specifies a minimum burst strength
requirement of 7,000 PSI for brake hoses
of 1/8″ or smaller diameter. (The subject
brake hoses have a diameter of 1/8″.)
The FCA internal specification requires
the supplier to perform burst testing
daily, and the minimum requirement
that all hose assemblies must meet is
9,000 PSI under the FMVSS No. 106 test
conditions. The brake hose assemblies
containing an out of specification orifice
all surpassed the requirement and
showed no difference from those
containing a compliant orifice.
3. FCA believes that the viscosity of
brake fluid at colder temperatures
increases, thus, the flow rate of brake
fluid will be reduced at colder
temperatures, making cold temperature
testing the worst-case scenario. The Ram
4500/5500 Cab Chassis vehicle brake
hose assemblies containing an out of
specification orifice and those with a
compliant orifice were tested for flow at
ambient and at cold temperature. The
cold temperature test included an
overnight soak at ¥30° C. The test was
conducted using a panic brake
application of 500 Newtons in 0.5
seconds per FMVSS No. 105 pedal force
requirements and then held for an
additional 5 seconds to ensure fluid
flow to the wheel end. The compliant
and noncompliant brake hose
assemblies showed no meaningful
difference in the time they each took to
reach 50 bar and 100 bar at either
ambient or cold.
4. FCA tested the Ram 4500/5500 Cab
Chassis vehicle for stopping distance
according to FMVSS No. 105 testing
procedures for vehicles over 10,000
pounds (‘‘lbs.’’) Gross Vehicle Weight,
which is the worst-case scenario. The
test was conducted on a vehicle that
was slowed from a speed of 60 mph
with a maximum pedal effort of 150 lbs.
to determine if it could meet the
required stopping distance
requirements. The test was conducted
six times, and FCA focused on second
effectiveness and third effectiveness
results. The best distance was used to
calculate the Best Stop Percentage
Margin. The test results showed no
meaningful difference between the
second effectiveness and the third
effectiveness government specifications
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17:45 Mar 22, 2021
Jkt 253001
or the more stringent FCA internal
stopping requirements between a brake
hose with an out of specification orifice
and a brake hose with a compliant
orifice. FCA completed two tests with
brake hose assemblies with compliant
orifice sizes and one test with the
subject out of specification orifice size.
5. FCA is not aware of any crashes,
injuries, or customer complaints
associated with the condition.
FCA concludes by again contending
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, be granted.
FCA’s complete petition and all
supporting documents, including details
of test results, are available by logging
onto the Federal Docket Management
System (FDMS) website at: https://
www.regulations.gov and by following
the online search instructions to locate
the docket number as listed in the title
of this notice.
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 and equipment that
FCA 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 and
equipment under their control after FCA
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. 2021–05922 Filed 3–22–21; 8:45 am]
BILLING CODE 4910–59–P
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15549
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2020–0036; Notice 1]
Toyota Motor North America, Inc.,
Receipt of Petitions for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petitions.
AGENCY:
Toyota Motor North America,
Inc. (TMNA) on behalf of Toyota Motor
Corporation (TMC) (collectively referred
to as ‘‘Toyota’’) has determined that
certain replacement seat belt assemblies
manufactured by Tokai Rika Mexico and
Joyson Safety Systems and sold to
Toyota dealerships as replacement
equipment do not fully comply with
Federal Motor Vehicle Safety Standard
(FMVSS) No. 209, Seat Belt Assemblies.
Toyota filed two noncompliance
reports, both dated May 4, 2020. Toyota
subsequently submitted two petitions to
NHTSA both dated May 28, 2020, 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
April 22, 2021.
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 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
SUMMARY:
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Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Notices
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 petitions are granted or
denied, notice of the decisions 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
docket. 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 replacement seat belt
assemblies manufactured by Tokai Rika
Mexico and Joyson Safety Systems and
sold to Toyota dealerships as
replacement equipment do not fully
comply with the requirements of
paragraph S4.1(k) and (l) of FMVSS No.
209, Seat Belt Assemblies (49 CFR
571.209). Toyota filed two
noncompliance reports both dated May
4, 2020, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. Toyota
subsequently submitted two petitions to
NHTSA both dated May 28, 2020, 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.
VerDate Sep<11>2014
17:45 Mar 22, 2021
Jkt 253001
This notice of receipt of Toyota’s
petitions 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. Equipment Involved:
Approximately 37 Tokai Rika Mexico
replacement seat belt assemblies
manufactured between March 1, 2019,
and April 15, 2020, and approximately
97,550 Joyson Safety Systems
replacement seat belt assemblies
manufactured between July 18, 1997,
and February 25, 2020, are potentially
involved.
III. Noncompliance: Toyota explains
that the noncompliance involves
seatbelt assemblies sourced to Toyota
dealerships by Tokai Rika Mexico and
Joyson Safety Systems for use or
subsequent resale to dealership
customers as replacement equipment.
Specifically, certain replacement seat
belt assemblies were sold with missing
or incorrect ‘‘Installation instructions’’
and ‘‘Usage and maintenance
instructions’’ and therefore, do not meet
all applicable requirements specified in
paragraph S4.1(k) and (l) of FMVSS No.
209.
IV. Rule Requirements: Paragraph
S4.1(k) and (l) of FMVSS No. 209
include the requirements relevant to
this petition. A seat belt assembly, other
than a seat belt assembly installed in a
motor vehicle by an automobile
manufacturer, shall be accompanied by
an instruction sheet providing sufficient
information for installing the assembly
in a motor vehicle. A seat belt assembly
or retractor shall be accompanied by
written instructions for the proper use
of the assembly, stressing particularly
the importance of wearing the assembly
snugly and properly located on the
body, and on the maintenance of the
assembly and periodic inspection of all
components.
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 their belief
that the noncompliance is
inconsequential as it relates to motor
vehicle safety.
In support of its petition, Toyota
submitted the following reasoning:
1. The subject seat belt assemblies
were sold only by Toyota dealerships.
Due to the dealerships’ replacement
parts ordering system and the parts
packaging, improper replacement seat
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belt assembly selection would not likely
occur.
Toyota stated that it is unlikely that
the subject replacement seat belt
assemblies would be selected for an
incorrect seating position as a result of
this issue. The subject assemblies were
only sold by Toyota dealerships. The
parts ordering system clearly indicates
the part and enables identification of the
appropriate model vehicle and seating
position for which the assembly is
intended to be installed. When selecting
a replacement part, the dealerships can
search by Vehicle Identification Number
(VIN), part number, and vehicle model.
They can also see a diagram of the part
location via the Electronic Parts Catalog.
In addition, the part can be identified by
the label on the box and the old part can
be compared to the new part. The label
on the box in which the replacement
seat belt is packaged specifies the part
number and part description.
Because of the Toyota dealerships’
robust part ordering system and the
additional label on the box, it is
unlikely that an incorrect seat belt
would be provided or used as a
replacement part. The missing
instruction sheet has no effect on a
dealership’s ability to provide the
correct replacement part ordered or on
the installer’s ability to correctly
identify the appropriate replacement
part.
2. The improper installation of the
seat belt assembly is unlikely.
Dealership technicians and third-party
installers can access Toyota’s electronic
repair manual and other aftermarket
manuals.
It is unlikely that an improper
installation of a replacement seat belt
would occur as a result of a missing
instruction sheet. First, if the instruction
sheet is missing from the box, the
installer would likely obtain the correct
installation information from a different
source or would return the part to the
dealer.
Second, after identifying that the part
does not have the installation
instruction sheet, the installer could
return the part to the dealer, request the
installation instructions from the dealer,
or consult other sources of installation
instructions that are readily available.
Technicians at Toyota dealerships have
access to Toyota’s electronic repair
manual. Third-party installers have
access to various aftermarket repair
manuals and can obtain access to
Toyota’s electronic repair manual.
Finally, the installer can also request a
copy of the installation instructions
from Toyota; and it would be provided
free of charge.
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Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Notices
Third, the subject assemblies
themselves have characteristics that
discourage incorrect installation.
Because the subject seat belts are not
universal type seat belts, they are
intended to be used to replace specific
seat belts in specific seating positions.
Thus, the installation procedure is the
reverse of part removal. Further, Toyota
believes that it is unlikely that the
subject seat belts can be installed
properly in an incorrect seating
position.
All of the Tokai Rika Mexico seat belt
assemblies are intended to be used as
replacement equipment for the model
year (MY) 2020 Corolla rear seat. Toyota
determined that these seat belt
assemblies cannot be properly installed
in any of the other MY 2020 Corolla
seating positions and are not used on
any other Toyota or Lexus models.
Concerning the Joyson Safety Systems
seat belt assemblies, based on the audits
Toyota conducted of the replacement
seat belt assemblies in its parts
distribution centers, Toyota identified
27 different replacement seat belt
assembly models that had incorrect
instruction sheets. While there could be
other variations not identified in these
audits, Toyota determined that the seat
belt assemblies identified in these
audits could not be properly installed in
the location specified by the incorrect
instruction sheet. In addition, the torque
value for structurally mounting the seat
belt assemblies is a standard value and
is correct regardless of which
instruction sheet is used (42Nm).
Because these torque values are
common, even if the technician uses the
torque values from the wrong
installation instruction sheet, the torque
value will still be correct.
For these reasons, it is unlikely that
the subject seat belt assemblies would
be improperly installed.
3. The replacement seat belt
assemblies are intended to replace the
original equipment seat belts. The
owner’s manual for each vehicle
contains the seat belt usage and
maintenance instructions.
It is unlikely that an improper use or
maintenance of a replacement seat belt
would occur as a result of a missing or
incorrect instruction sheet. The affected
seat belt assemblies are designed to
replace the originally equipped seat
belts in specific Toyota vehicles. All of
the vehicle models for which these
replacement seat belt assemblies were
designed were originally equipped with
an owner’s manual that contains usage
and maintenance instructions for these
seat belt assemblies. Thus, the vehicle
owner has access to the usage and
maintenance instructions and would not
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17:45 Mar 22, 2021
Jkt 253001
need to refer to the instruction sheet for
this information.
4. The seat belts comply with all other
requirements of FMVSS No. 209.
The missing or incorrect instruction
sheets have no bearing on the materials
or performance of the replacement seat
belt assembly itself. Thus, the
assemblies continue to meet the other
performance requirements specified in
FMVSS No. 209. There is no impact to
performance, functionality, or occupant
safety.
5. Toyota is unaware of allegations of
missing instruction sheets.
Toyota has searched its records for
allegations of missing instruction sheets
concerning the subject replacement seat
belt assemblies. As of April 23, 2020, no
owner complaints, field reports,
warranty claims, legal claims, or dealer
technical assistance calls concerning the
missing installation instruction sheets
were found.
6. In similar situations, NHTSA has
granted petitions for inconsequential
noncompliance relating to the subject
requirement of FMVSS No. 209.
NHTSA has previously granted at
least seven similar petitions for
inconsequential noncompliance for
missing or incorrect instruction sheets
for certain replacement seat belt
assemblies. These include: FCA US LLC
(84 FR 20948, May 13, 2019); Mitsubishi
Motors North America, Inc., (77 FR
24762, April 25, 2012); Bentley Motors,
Inc. (76 FR 58343, September 20, 2011);
Hyundai Motor Company (74 FR 9125,
March 2, 2009); Ford Motor Company,
(73 FR 11462, March 3, 2008); Mazda
North American Operations (73 FR
11464, March 3, 2008); and Subaru of
America, Inc. (65 FR 67471, November
9, 2000).
Toyota’s complete petition and all
supporting documents are available by
logging onto the Federal Docket
Management System (FDMS) website at
https://www.regulations.gov and by
following the online search instructions
to locate the docket number as listed in
the title of this notice.
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 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
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
15551
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 equipment that Toyota no longer
controlled at the time it determined that
the noncompliance existed. However,
any decision on this petition does not
relieve equipment distributors and
dealers of the prohibitions on the sale,
offer for sale, or introduction or delivery
for introduction into interstate
commerce of the noncompliant seat belt
assemblies 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. 2021–05921 Filed 3–22–21; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
[Docket ID OCC–2021–0004]
Minority Depository Institutions
Advisory Committee
Department of the Treasury,
Office of the Comptroller of the
Currency.
ACTION: Notice.
AGENCY:
The Office of the Comptroller
of the Currency (OCC) announces a
meeting of the Minority Depository
Institutions Advisory Committee
(MDIAC).
DATES: The OCC MDIAC will hold a
public meeting on Tuesday, April 13,
2021, via webinar, beginning at 1:00
p.m. Eastern Daylight Time (EDT).
ADDRESSES: The OCC will hold the April
13, 2021 meeting of the MDIAC via
webinar.
FOR FURTHER INFORMATION CONTACT:
Beverly Cole, Designated Federal Officer
and Deputy Comptroller for the
Northeastern District, (212) 790–4001,
Office of the Comptroller of the
Currency, 340 Madison Ave., Fifth
Floor, New York, New York 10173.
SUPPLEMENTARY INFORMATION: By this
notice, the OCC is announcing that the
MDIAC will convene a meeting at 1:00
p.m. EDT on Tuesday, April 13, 2021,
via webinar. Agenda items will include
current topics of interest to the industry.
The purpose of the meeting is for the
MDIAC to advise the OCC on steps the
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Notices]
[Pages 15549-15551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05921]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0036; Notice 1]
Toyota Motor North America, Inc., Receipt of Petitions for
Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petitions.
-----------------------------------------------------------------------
SUMMARY: Toyota Motor North America, Inc. (TMNA) on behalf of Toyota
Motor Corporation (TMC) (collectively referred to as ``Toyota'') has
determined that certain replacement seat belt assemblies manufactured
by Tokai Rika Mexico and Joyson Safety Systems and sold to Toyota
dealerships as replacement equipment do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 209, Seat Belt Assemblies.
Toyota filed two noncompliance reports, both dated May 4, 2020. Toyota
subsequently submitted two petitions to NHTSA both dated May 28, 2020,
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 April 22, 2021.
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
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
[[Page 15550]]
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 petitions are granted or denied, notice of the decisions
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 docket. 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 replacement seat
belt assemblies manufactured by Tokai Rika Mexico and Joyson Safety
Systems and sold to Toyota dealerships as replacement equipment do not
fully comply with the requirements of paragraph S4.1(k) and (l) of
FMVSS No. 209, Seat Belt Assemblies (49 CFR 571.209). Toyota filed two
noncompliance reports both dated May 4, 2020, pursuant to 49 CFR part
573, Defect and Noncompliance Responsibility and Reports. Toyota
subsequently submitted two petitions to NHTSA both dated May 28, 2020,
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 petitions 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. Equipment Involved: Approximately 37 Tokai Rika Mexico
replacement seat belt assemblies manufactured between March 1, 2019,
and April 15, 2020, and approximately 97,550 Joyson Safety Systems
replacement seat belt assemblies manufactured between July 18, 1997,
and February 25, 2020, are potentially involved.
III. Noncompliance: Toyota explains that the noncompliance involves
seatbelt assemblies sourced to Toyota dealerships by Tokai Rika Mexico
and Joyson Safety Systems for use or subsequent resale to dealership
customers as replacement equipment. Specifically, certain replacement
seat belt assemblies were sold with missing or incorrect ``Installation
instructions'' and ``Usage and maintenance instructions'' and
therefore, do not meet all applicable requirements specified in
paragraph S4.1(k) and (l) of FMVSS No. 209.
IV. Rule Requirements: Paragraph S4.1(k) and (l) of FMVSS No. 209
include the requirements relevant to this petition. A seat belt
assembly, other than a seat belt assembly installed in a motor vehicle
by an automobile manufacturer, shall be accompanied by an instruction
sheet providing sufficient information for installing the assembly in a
motor vehicle. A seat belt assembly or retractor shall be accompanied
by written instructions for the proper use of the assembly, stressing
particularly the importance of wearing the assembly snugly and properly
located on the body, and on the maintenance of the assembly and
periodic inspection of all components.
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 their belief that the
noncompliance is inconsequential as it relates to motor vehicle safety.
In support of its petition, Toyota submitted the following
reasoning:
1. The subject seat belt assemblies were sold only by Toyota
dealerships. Due to the dealerships' replacement parts ordering system
and the parts packaging, improper replacement seat belt assembly
selection would not likely occur.
Toyota stated that it is unlikely that the subject replacement seat
belt assemblies would be selected for an incorrect seating position as
a result of this issue. The subject assemblies were only sold by Toyota
dealerships. The parts ordering system clearly indicates the part and
enables identification of the appropriate model vehicle and seating
position for which the assembly is intended to be installed. When
selecting a replacement part, the dealerships can search by Vehicle
Identification Number (VIN), part number, and vehicle model. They can
also see a diagram of the part location via the Electronic Parts
Catalog. In addition, the part can be identified by the label on the
box and the old part can be compared to the new part. The label on the
box in which the replacement seat belt is packaged specifies the part
number and part description.
Because of the Toyota dealerships' robust part ordering system and
the additional label on the box, it is unlikely that an incorrect seat
belt would be provided or used as a replacement part. The missing
instruction sheet has no effect on a dealership's ability to provide
the correct replacement part ordered or on the installer's ability to
correctly identify the appropriate replacement part.
2. The improper installation of the seat belt assembly is unlikely.
Dealership technicians and third-party installers can access Toyota's
electronic repair manual and other aftermarket manuals.
It is unlikely that an improper installation of a replacement seat
belt would occur as a result of a missing instruction sheet. First, if
the instruction sheet is missing from the box, the installer would
likely obtain the correct installation information from a different
source or would return the part to the dealer.
Second, after identifying that the part does not have the
installation instruction sheet, the installer could return the part to
the dealer, request the installation instructions from the dealer, or
consult other sources of installation instructions that are readily
available. Technicians at Toyota dealerships have access to Toyota's
electronic repair manual. Third-party installers have access to various
aftermarket repair manuals and can obtain access to Toyota's electronic
repair manual. Finally, the installer can also request a copy of the
installation instructions from Toyota; and it would be provided free of
charge.
[[Page 15551]]
Third, the subject assemblies themselves have characteristics that
discourage incorrect installation. Because the subject seat belts are
not universal type seat belts, they are intended to be used to replace
specific seat belts in specific seating positions. Thus, the
installation procedure is the reverse of part removal. Further, Toyota
believes that it is unlikely that the subject seat belts can be
installed properly in an incorrect seating position.
All of the Tokai Rika Mexico seat belt assemblies are intended to
be used as replacement equipment for the model year (MY) 2020 Corolla
rear seat. Toyota determined that these seat belt assemblies cannot be
properly installed in any of the other MY 2020 Corolla seating
positions and are not used on any other Toyota or Lexus models.
Concerning the Joyson Safety Systems seat belt assemblies, based on
the audits Toyota conducted of the replacement seat belt assemblies in
its parts distribution centers, Toyota identified 27 different
replacement seat belt assembly models that had incorrect instruction
sheets. While there could be other variations not identified in these
audits, Toyota determined that the seat belt assemblies identified in
these audits could not be properly installed in the location specified
by the incorrect instruction sheet. In addition, the torque value for
structurally mounting the seat belt assemblies is a standard value and
is correct regardless of which instruction sheet is used (42Nm).
Because these torque values are common, even if the technician uses the
torque values from the wrong installation instruction sheet, the torque
value will still be correct.
For these reasons, it is unlikely that the subject seat belt
assemblies would be improperly installed.
3. The replacement seat belt assemblies are intended to replace the
original equipment seat belts. The owner's manual for each vehicle
contains the seat belt usage and maintenance instructions.
It is unlikely that an improper use or maintenance of a replacement
seat belt would occur as a result of a missing or incorrect instruction
sheet. The affected seat belt assemblies are designed to replace the
originally equipped seat belts in specific Toyota vehicles. All of the
vehicle models for which these replacement seat belt assemblies were
designed were originally equipped with an owner's manual that contains
usage and maintenance instructions for these seat belt assemblies.
Thus, the vehicle owner has access to the usage and maintenance
instructions and would not need to refer to the instruction sheet for
this information.
4. The seat belts comply with all other requirements of FMVSS No.
209.
The missing or incorrect instruction sheets have no bearing on the
materials or performance of the replacement seat belt assembly itself.
Thus, the assemblies continue to meet the other performance
requirements specified in FMVSS No. 209. There is no impact to
performance, functionality, or occupant safety.
5. Toyota is unaware of allegations of missing instruction sheets.
Toyota has searched its records for allegations of missing
instruction sheets concerning the subject replacement seat belt
assemblies. As of April 23, 2020, no owner complaints, field reports,
warranty claims, legal claims, or dealer technical assistance calls
concerning the missing installation instruction sheets were found.
6. In similar situations, NHTSA has granted petitions for
inconsequential noncompliance relating to the subject requirement of
FMVSS No. 209.
NHTSA has previously granted at least seven similar petitions for
inconsequential noncompliance for missing or incorrect instruction
sheets for certain replacement seat belt assemblies. These include: FCA
US LLC (84 FR 20948, May 13, 2019); Mitsubishi Motors North America,
Inc., (77 FR 24762, April 25, 2012); Bentley Motors, Inc. (76 FR 58343,
September 20, 2011); Hyundai Motor Company (74 FR 9125, March 2, 2009);
Ford Motor Company, (73 FR 11462, March 3, 2008); Mazda North American
Operations (73 FR 11464, March 3, 2008); and Subaru of America, Inc.
(65 FR 67471, November 9, 2000).
Toyota's complete petition and all supporting documents are
available by logging onto the Federal Docket Management System (FDMS)
website at https://www.regulations.gov and by following the online
search instructions to locate the docket number as listed in the title
of this notice.
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 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 equipment that Toyota no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve equipment
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant seat belt assemblies 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. 2021-05921 Filed 3-22-21; 8:45 am]
BILLING CODE 4910-59-P
