Toyota Motor North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 21782-21784 [2021-08456]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21782-21784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08456]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0015; 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. (TMNA) on behalf of Toyota 
Motor Corporation (TMC) (collectively referred to as ``Toyota''), has 
determined that certain model year (MY) 2020-2021 Toyota C-HR motor 
vehicles do not fully comply with Federal Motor Vehicle Safety Standard 
(FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation 
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles 
with a GVWR of 4,536 Kilograms (10,000 pounds) or Less. Toyota filed a 
noncompliance report dated February 3, 2021, and subsequently 
petitioned NHTSA on February 26, 2021, 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 May 24, 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 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 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).

FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, General Engineer, 
NHTSA, Office of Vehicle Safety Compliance, (202) 366-1110.

SUPPLEMENTARY INFORMATION:

I. Overview

    Toyota has determined that certain MY 2020-2021 Toyota C-HR motor 
vehicles do not fully comply with the requirements of paragraph S4.3(d) 
of FMVSS No. 110, Tire Selection and Rims and Motor Home/Recreation 
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles 
with a

[[Page 21783]]

GVWR of 4,536 Kilograms (10,000 pounds) or Less (49 CFR 571.110). 
Toyota filed a noncompliance report dated February 3, 2021, pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports. 
Toyota subsequently petitioned NHTSA on February 26, 2021, 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 exercise of judgment concerning the merits of the petition.

II. Vehicles Involved

    Approximately 3,981 MY 2020-2021 Toyota C-HR motor vehicles, 
manufactured between September 16, 2019, and November 30, 2020, are 
potentially involved.

III. Noncompliance

    Toyota explains that the noncompliance is that the subject vehicles 
are equipped with tire information pressure labels that incorrectly 
state the tire size information for the front and rear tires and, 
therefore, do not fully meet the requirements specified in paragraph 
S4.3(d) of FMVSS No. 110. Specifically, the subject vehicles were 
originally equipped with 17-inch wheels, however, the tire information 
pressure labels indicate that the vehicles were originally equipped 
with 18-inch tires.

IV. Rule Requirements

    Paragraph S4.3(d) of FMVSS No. 110 includes the requirements 
relevant to this petition. Each vehicle, except for a trailer or 
incomplete vehicle, shall show the information specified in S4.3 (a) 
through (g), and may show, at the manufacturer's option, the 
information specified in S4.3 (h) and (i) on a placard permanently 
affixed to the driver's side B-pillar. Specifically, tire size 
designation, indicated by the headings ``size'' or ``original tire 
size'' or original size'' must be shown.

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 describes the subject noncompliances 
and contends that the noncompliances is inconsequential as it relates 
to motor vehicle safety.
    In support of its petition, Toyota submitted the following 
reasoning:
    1. Toyota states that the tires installed on the vehicle (215/
60R17) meet all other applicable FMVSS requirements. They are the tires 
that were designed for the subject vehicle and are appropriate for the 
maximum vehicle loads. Only the front and rear tire size information 
indicated on the placard is incorrect and reflects the tire size used 
on other grade C-HR vehicles. Further, Toyota claims, all the other 
information on the placard is accurate, including the spare tire size, 
the cold tire inflation pressure, and maximum combined weight of 
occupants and cargo.
    Toyota believes that, because the tires installed on the vehicles 
are the appropriate tires for the vehicle performance and maximum 
loading requirements, there is no risk to motor vehicle safety.
    2. Toyota says that if the vehicle owner is replacing the tires on 
the vehicle, the owner can notice that the tire size specified on the 
placard does not match the tires installed on the vehicle. Further, the 
18-inch wheels are visually different because they are alloy wheels as 
opposed to the 17-inch wheels, which are steel. To find the correct 
information, the owner could check the tire size that is molded into 
the sidewall of each tire or check the tire size listed in the owner's 
manual. As required in FMVSS No. 110, the tire placard also directs the 
owner to ``SEE OWNER'S MANUAL FOR ADDITIONAL INFORMATION.'' The owner's 
manual specifies the appropriate tire and wheel sizes for the vehicle. 
The wheel size is also marked on the wheel itself.
    3. Toyota also says that if the owner attempts to replace the 
original tires installed on the 17-inch wheel with tires of the size 
indicated on the incorrect placard (225/50R18), the installer would not 
be able to physically mount them on the 17-inch wheels and would either 
need to also replace the wheels with 18-inch wheels or refer to the 
tire size information from other sources. As stated above, the correct 
information is available in various locations such as the tire size 
indicated on the sidewall of the tires that are installed on the 
vehicle or the owner's manual.
    4. Toyota states, that in the event that the vehicle owner decided 
to change the tire/wheel combination to the size indicated on the 
incorrect placard, the replacement tires would be appropriate for the 
vehicle. Other grade C-HRs, with the same maximum loading requirements, 
use the 225/50R18 tire/wheel combination. This tire wheel size 
combination is appropriate for the vehicle maximum loads.
    5. Toyota claims that in similar situations, NHTSA has granted 
petitions for inconsequential noncompliance relating to the subject 
requirement of FMVSS No. 110.

a. Volkswagen Group of America, Inc., (81 FR 88728, December 8, 2016)

    In their petition, Volkswagen stated that the vehicles, in that 
case, had a tire placard that is misprinted with an incorrect tire size 
as compared to the tires the vehicle was originally equipped with and 
therefore did not fully conform to paragraph S4.3(d) of FMVSS No. 110. 
Utilizing the ETRTO Tire and Rim Association Manual of 2016, NHTSA 
confirmed that the incorrectly listed size tires would still have a 
load capacity sufficient to support the listed weight limitation of 
occupants and cargo which is printed on the placard. Both the installed 
original equipment manufacturer (OEM) tires on the vehicle and the 
installation of the incorrect sized tires listed on those vehicles' 
placard, when inflated to the placard's recommended cold inflation 
pressure, were identified as appropriate to handle the vehicle maximum 
loads. Based on that information, NHTSA determined that the 
noncompliance, in that case, should not cause any unsafe conditions 
associated with the incorrect tire size listed on the placard.
    Similarly, for the Toyota C-HR, the originally installed tires and 
the installation of the incorrect sized tires listed on the subject 
vehicle's placard, when inflated to the placard's recommended cold 
inflation pressure, are appropriate to handle the vehicle maximum 
loads.

b. BMW of North America, LLC., (84 FR 26505, June 6, 2019)

    In their petition, BMW stated that the vehicles were equipped, as 
designed, with 17-inch tires but the FMVSS No. 110 tire information 
placard states that the vehicles were equipped with 18-inch tires. BMW 
also explained that the placard overstated the cold tire inflation 
pressure for the rear tires (it stated 240 kPa/35 psi when it should 
have read 220 kPa/32 psi). Instead of the information for the 17-inch 
tires, the placard incorrectly included the cold tire inflation 
pressure and tire size designation for the 18-inch tires. Therefore, 
BMW stated that the affected vehicles did not conform to FMVSS No. 110 
S4.3(c) and 4.3(d). NHTSA agreed,

[[Page 21784]]

in their response, that if the vehicle owner installed 18-inch tires on 
the vehicle, those tires at the listed cold inflation pressure would 
also be appropriate for the vehicle's front and rear GAWRs. In 
addition, NHTSA stated that, if a vehicle owner inflated his tires to 
the inflation pressure listed for the 18-inch tires, the result would 
be an increase to 240 kPa/35 psi for the rear tires and a net increase 
in load capacity for the vehicle overall. Alternatively, if the vehicle 
owner installed 18-inch tires on the vehicle, those tires at the listed 
cold inflation pressure would also be appropriate for the vehicle's 
front and rear GAWRs. The agency agreed with BMW that the noncompliance 
is inconsequential to motor vehicle safety and that there is no risk of 
possible underinflating or overloading of the tires as a result of this 
issue. Further, should a vehicle owner question the correct tire size 
or corresponding recommended cold tire inflation pressures for their 
vehicle, this information is available in other locations such as the 
sidewall markings and the owner's manual.
    Similarly, for the Toyota C-HR, the installation of the incorrect 
sized tires listed on the subject vehicle's placard when inflated to 
the placard's recommended cold inflation pressure are appropriate to 
handle the vehicle maximum loads. In addition, as in the BMW petition, 
the tire size information is available in other locations such as the 
sidewall markings and the owner's manual. Unlike the BMW issue, 
however, the cold tire inflation pressure listed on the placard for the 
Toyota C-HR is correct.

c. DaimlerChrysler Corporation (73 FR 11462, March 3, 2008); Mercedes-
Benz USA, LLC (MBUSA), (78 FR. 43967, July 22, 2013); Mercedes-Benz 
USA, LLC (82 FR 5640, January 18, 2017); General Motors, LLC, (84 FR 
25117, May 30, 2019)

    NHTSA has also previously granted at least four similar petitions 
for inconsequential noncompliance for the incorrect spare tire size 
indicated on the placard, such as those listed above.
    In those cases, NHTSA determined that the noncompliance was 
inconsequential to motor vehicle safety for reasons that included the 
following: (1) Both the spare tire size indicated on the placard and 
the spare tire size installed on the vehicles meet the FMVSS No. 110 
loading requirements when inflated to the pressure indicated on the 
placard; and (2) other than the vehicle placard error, the vehicles 
comply with all other safety performance requirements of FMVSS No. 110. 
These reasons also apply to the subject Toyota C-HR front and rear 
tires.
    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.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-08456 Filed 4-22-21; 8:45 am]
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