Toyota Motor North America, Inc., Receipt of Petitions for Decision of Inconsequential Noncompliance, 4993-4995 [2022-01827]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Pages 4993-4995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01827]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0040; 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.

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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 replacement seat belt assemblies manufactured 
by Marutaka, Tokai Rika Japan, Autoliv, NSK, Joyson Safety Systems 
Acquisition, TRQSS, Key Safety Restraint Systems, Inc., Tokai Rika 
Czech, BMW Group Headquarters, Subaru Corporation, and Mazda North 
America Operations, 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 three 
noncompliance reports, two dated April 20, 2021, and the other dated 
May 4, 2021. Toyota subsequently submitted two petitions to NHTSA both 
dated May 14, 2021, for a decision that the subject noncompliances are 
inconsequential as they relate to motor vehicle safety. This notice 
announces receipt of Toyota's petitions.

DATES: Send comments on or before March 2, 2022.

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 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).

FOR FURTHER INFORMATION CONTACT: Jack Chern, Office of Vehicle Safety 
Compliance, the National Highway Traffic Safety Administration (NHTSA), 
telephone (202) 366-0661.

SUPPLEMENTARY INFORMATION: 

I. Overview

    Toyota has determined that certain replacement seat belt assemblies 
manufactured by Marutaka, Tokai Rika Japan, Autoliv, NSK, Joyson Safety 
Systems Acquisition, TRQSS, Key Safety Restraint Systems, Inc., Tokai 
Rika Czech, BMW Group Headquarters, Subaru Corporation, and Mazda North 
America Operations, 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 three noncompliance reports, two dated April 20, 
2021, and the other dated May 4, 2021, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. Toyota 
subsequently submitted two petitions to NHTSA both dated May 14, 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 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

    Potentially involved seat belt assemblies are as follows:
    1. Approximately 33,000 replacement seat belt assemblies 
manufactured by Marutaka and Tokai Rika Japan between November 1, 1995, 
and February 28, 2021;
    2. approximately 1,400,000 replacement seat belt assemblies 
manufactured by Marutaka, Tokai Rika Japan, Autoliv, NSK, Joyson Safety 
Systems Acquisition, TRQSS, Key Safety Restraint Systems, Inc., and 
Tokai Rika Czech between October 1, 1994, and February 28, 2021; and
    3. approximately 6,160 replacement seat belt assemblies 
manufactured by BMW Group Headquarters, Subaru Corporation, Mazda North 
America Operations between March 1, 2012, and April 30, 2021.

III. Noncompliance

    Toyota explains that the noncompliance involves replacement seat 
belt assemblies manufactured by Marutaka, Tokai Rika Japan, Autoliv, 
NSK, Joyson Safety Systems

[[Page 4994]]

Acquisition, TRQSS, Key Safety Restraint Systems, Inc., Tokai Rika 
Czech, BMW Group Headquarters, Subaru Corporation, and Mazda North 
America Operations, and sourced to Toyota dealerships for use or 
subsequent resale to dealership customers as replacement equipment do 
not fully comply with all applicable requirements specified in 
paragraph S4.1(k) and (l) of FMVSS No. 209.
    Specifically, the items of noncompliant equipment involved are:
    (1) Certain replacement seat belt assemblies, manufactured by 
Marutaka and Tokai Rika Japan, were packaged with an instruction sheet 
that was missing the following required statement: ``This seat belt 
assembly is for use only in [insert specific seating position(s), e.g., 
``front right''] in [insert specific vehicle make(s) and model(s)],'' 
or packaged with an instruction sheet that specified the wrong seating 
position;
    (2) certain replacement seat belt assemblies, manufactured by 
Marutaka, Tokai Rika Japan, Autoliv, NSK, Joyson Safety Systems 
Acquisition, TRQSS, Key Safety Restraint Systems, Inc., and Tokai Rika 
Czech, were packaged with an instruction sheet that was missing the 
aforementioned seating position(s) statement; and
    (3) certain replacement seat belt assemblies, manufactured by BMW 
Group Headquarters, Subaru Corporation, and Mazda North America 
Operations, were packaged with an instruction sheet that was also 
missing the required seating position(s) statement, or packaged without 
the required usage and maintenance instructions.

IV. Rule Requirements

    Paragraphs S4.1(k) and (l) of FMVSS No. 209 include the 
requirements relevant to this petition. Paragraph S4.1(k) requires that 
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. If the assembly is for use only in 
specifically stated motor vehicles, the assembly shall either be 
permanently and legibly marked or labeled with the following statement, 
or the instruction sheet shall include the following statement:
    This seat belt assembly is for use only in [insert specific seating 
position(s), e.g., ``front right''] in [insert specific vehicle make(s) 
and model(s)].
    Paragraph S4.1(l) requires that 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 states that it is unlikely that the subject replacement seat 
belt assemblies would be selected for an incorrect model and 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, 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 packaging and the old part can be compared to the new 
part. The label on the packaging in which the replacement seat belt is 
packaged specifies the part number and part description.
    Toyota says that because of the Toyota dealerships' robust part 
ordering system and the additional label on the packaging, it is 
unlikely that an incorrect seat belt would be provided or used as a 
replacement part. The missing instruction sheet, missing seating 
position, or incorrect seat position on the 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 and the subject 
assemblies themselves have characteristics that discourage incorrect 
installation.
    Toyota contends that it is unlikely that an improper installation 
of a replacement seat belt would occur as a result of a missing 
instruction sheet or an instruction sheet that does not indicate the 
specific seating position information.
    First, after identifying that the part does not have an 
installation instruction sheet, does not specify the specific seating 
position, or specifies the wrong seating position for which the part 
was purchased, the installer could return the part to the dealer, 
request the installation instruction 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. The installer can also request a copy of the 
installation instructions from Toyota, and the instructions would be 
provided free of charge.
    Second, the subject assemblies themselves have characteristics that 
discourage incorrect installation. These characteristics include the 
appearance being visually different, an inability to connect the wire 
harness, the warning indicator becoming illuminated, or the seat belt 
being unable to buckle. 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. It is unlikely that 
these replacement assemblies would be installed incorrectly.
    Third, 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 
incorrect installation instruction sheet, the torque value will still 
be correct.
    For these reasons, Toyota believes it is unlikely that the subject 
seat belt assemblies would be improperly installed.
    Toyota notes that the investigation leading to the submission of 
the part 573 reports subject of this petition was prompted by a report 
from a dealer technician who found a seat belt assembly with an 
incorrect instruction sheet. While records covering the entire scope of 
the seat belt assemblies

[[Page 4995]]

involved are not available, Toyota believes this to be the only report 
of an instruction sheet concern. This further tends to confirm that 
improper installation of a seat belt assembly is unlikely as a result 
of the missing installation information, and dealer technicians or 
third-party installers are able to easily obtain the installation 
information, if needed, from the other sources noted above free of 
charge.
    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.
    Toyota states that it is unlikely that improper use or maintenance 
of a replacement seat belt would occur because of the missing usage and 
maintenance instructions. 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 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. In addition, the seat belts packaged with 
sheets that are only missing the specific seating position information 
have the correct usage and maintenance instructions.
    4. The seat belts comply with all other requirements of FMVSS No. 
209.
    Toyota says the lack of information on the instruction sheets has 
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. In similar situations, NHTSA has granted petitions for 
inconsequential noncompliance relating to the subject requirement of 
FMVSS No. 209.
    Toyota states that NHTSA has previously granted at least seven 
similar inconsequentiality petitions for noncompliances that it 
contends are similar to the subject noncompliance. These include: FCA 
US LLC (84 FR 20948, May 3, 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).
    In these cases, Toyota argues, NHTSA determined that the 
noncompliance was inconsequential to motor vehicle safety for reasons 
that included the following: (1) The dealer ordering system would make 
it unlikely that an inappropriate seat belt assembly would be sold for 
a specific seating position; (2) installers would be able to locate 
installation instructions from other sources; (3) the usage and 
maintenance instructions are available in the vehicles owner's manual; 
and (4) the seat belts are intended to be replacement parts for 
original equipment designed for specific seating positions. These 
reasons also apply to the subject Toyota replacement seat belt 
assemblies.
    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 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 replacement 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. 2022-01827 Filed 1-28-22; 8:45 am]
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