Toyota Motor Engineering & Manufacturing North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
|---|
Topics: Lexus RX350, Lexus RX450h
|
Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
7 April 2017
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17076-17079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06955]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0127; Notice 1]
Toyota Motor Engineering & Manufacturing 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 Engineering & Manufacturing North America, Inc.,
on behalf of Toyota Motor Corporation (collectively referred to as
``Toyota''), has determined that certain model year (MY) 2016-2017
Lexus RX350 and RX450H motor vehicles do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior
Materials. Toyota filed a noncompliance information report dated
November 3, 2016. Toyota also petitioned NHTSA on
[[Page 17077]]
November 23, 2016, and provided a supplement to their petition on
December 12, 2016, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.
DATES: The closing date for comments on the petition is May 8, 2017.
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 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 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
Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) Web site 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 Motor Corporation (Toyota), has determined that
certain model year (MY) 2016-2017 Lexus RX350 and Lexus RX450H motor
vehicles do not fully comply with paragraph S4.2 of Federal Motor
Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior
Materials. Toyota filed a noncompliance information report dated
November 3, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Toyota also petitioned NHTSA on November
23, 2016, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part
556, 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.
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 102,075 MY 2016-2017 Lexus
RX350 and Lexus RX450H motor vehicles manufactured between September
29, 2015 and October 21, 2016, are potentially involved.
III. Noncompliance: Toyota explains that the noncompliance is that
the front and rear seat covers and rear center armrest assemblies in
the subject vehicles were manufactured with needle punch felt material
that does not meet the burn rate requirements as specified in paragraph
S4.2 and S4.3 of FMVSS No. 302.
IV. Rule Text: Paragraph S4.2 of FMVSS No. 302 states:
S4.2 Any portion of a single or composite material which is
within 13 mm of the occupant compartment air space shall meet the
requirements of S4.3.
Paragraph S4.3(a) of FMVSS No. 302 states:
When tested in accordance with S5, material described in 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 S5.
V. Summary of Toyota's Petition: Toyota described the subject
noncompliance and stated its 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 front and rear seats in the subject vehicles are constructed
of several layers of soft material mounted on a steel seat frame. The
layers of soft material include a leather or synthetic leather seating
surface with a cover pad laminated or laminated and sewn underneath,
and a needle punch felt material attached to a seat cushion foam pad.
The needle punch felt material is used to attach the cover subassembly
to the foam pad. The needle punch felt is the only material that does
not comply with FMVSS No. 302 requirements. It comprises up to
approximately 0.32% of the total mass of the soft material of the front
seat assembly, and between 0.48% and 0.55% of the total mass of the
soft material of the rear seat assembly, an insignificant mass in
relation to the total interior vehicle surfaces required to meet FMVSS
No. 302.
2. The needle punch felt material complies with FMVSS No. 302 when
tested as a ``composite'' as installed in the vehicle, i.e., along with
the surrounding FMVSS No. 302 compliant seat cover, cover pad, foam
pad, seat heater, carpet, and storage bin.
3. Toyota testing and design review of the seat heater and its
components indicate that the chance of fire or flame induced by a
malfunctioning seat heater is essentially zero.
4. The non-complying needle punch felt 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
within or completely covered by complying materials that meet FMVSs No.
302.
5. The needle punch felt material is a very small portion of the
overall mass of the soft material portions comprising the entire seat
assembly 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.
6. Toyota is not aware of any data suggesting that fires have
occurred in the field due to the installation of the
[[Page 17078]]
non-complying needle punch felt material.
7. In similar situations, NHTSA has granted petitions for
inconsequential noncompliance relating to FMVSS No. 302 requirements.
8. To emulate the potential real world conditions that could occur
to the relevant soft material portions of the front and rear seats as
they are assembled into the subject vehicles, Toyota conducted FMVSS
No. 302 burn testing of the seating materials when assembled as a
``composite.'' Toyota chose locations to evaluate that were judged to
potentially be the least flame resistant so as to be the most
conservative in determining material performance.
Toyota determined synthetic leather to be the least flame resistant
surface material to test based on review of the material construction
as well as ``composite'' FMVSS No. 302 evaluations performed on the
cover subassembly itself. Natural leather made from cow skin contains
collagen fibers which are a non-flammable material. Synthetic leather
is constructed of flammable urethane resin and polyester fibers which
are treated with a flame retardant to achieve flammability
requirements.
To identify the potentially least flame resistant ``composite''
sample locations to evaluate Toyota did a thorough design review and
``composite'' testing of the cover assemblies according to FMVSS No.
302 procedures. Toyota tested the cover subassembly for the seat back
and cushions at 21 different locations where needle punch felt is used.
All locations met FMVSS No. 302 criteria; however, the three locations
with the fastest burn rate were selected for further testing as
assembled in the subject vehicles. These locations were tested under
various conditions to simulate open flame exposure inside the vehicle.
The samples were tested in their installed condition; however, in
locations where the seat foam is part of the ``composite,'' only the
portion which is within the 13 mm of the occupant airspace specified by
the standard was tested. When applicable, the seat heater was included
in the ``composite'' in its ``OFF'' condition.
a. ``Composite'' Test Results: Toyota provided test results under
eight different test conditions. In all test conditions, the samples
exhibited burn rates well within the FMVSS No. 302 S4.3(a) requirements
(i.e., no more than 102 mm/min), therefore meeting the FMVSS No. 302
criteria. Toyota provided the following table summarizing the test
results.
BILLING CODE 4910-59-P
[GRAPHIC] [TIFF OMITTED] TN07AP17.003
BILLING CODE 4910-59-C
As evidenced by testing in the table above, the needle punch felt
material complies with FMVSS No. 302 when tested as a ``Composite'' as
installed in the vehicle, i.e., along with the surrounding FMVSS No.
302 compliant cover sub-assembly parts, foam pad, seat heater, or
storage bin. The non-complying needle punch felt material would not be
exposed to open flame or an ignition source (like matches or
cigarettes) in its installed application, because it is within or
completely covered by complying materials that meet FMVSS No. 302.
Given that 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,'' we believe that the noncompliant needle punch
felt material as installed in the vehicle does not present a safety
risk, and the chance of fire or flame propagation is essentially zero.
9. In order to evaluate any potential risk associated with the seat
heater element as an internal ignition source, a design review and
tests were conducted. The findings of the review and tests are outlined
below:
a. In all locations, the needle punch felt material never comes in
direct contact with a seat heater element wire.
b. The seat heater system has a self-diagnosis function. At
ignition ``ON'' a system self-diagnosis check is performed to confirm
that the switch, which consists of a relay and an IPD (intelligent
Power Device), is operating properly. If the diagnosis detects a fault
in the relay and/or the IPD, the system would not allow the seat heater
to be turned on. In the unlikely event both the relay and the IPD fail
and are stuck in the open position after the self-diagnosis, each seat
heater's temperature is still regulated by its
[[Page 17079]]
thermostat. Under normal design operating conditions, the thermostat
restricts the temperature of the element wire in a range of
approximately 50 [deg]C to 100 [deg]C, depending on the specific
application. This temperature range is far below the auto-ignition
temperature of the needle punch felt, which is approximately 253
[deg]C.
c. The seat heater element wire used in the subject vehicle is of a
design which eliminates the potential for localized ``hot spots.'' The
heating element wire is comprised of multiple individual filaments
insulated from each other by urethane coating. The filaments are
connected to each other in parallel rather than in series. In the event
that one or more of the filaments are damaged, there is no change in
current through the seat heater wire, and therefore no increase in
temperature.
Given the findings from the evaluation of the seat heater and its
components, Toyota believes that the chance of an ignition internal to
the seat induced by a malfunctioning seat heater is essentially zero,
and no safety risk is presented.
10. The needle punch felt material is one of several layers of the
soft material of the seats which is used for securing components
together, improving appearance, and reducing noise. For all seating
areas the needle punch felt material is either encased between or
covered by other materials which themselves comply with FMVSS No. 302
requirements.
In the vast majority of applications, the needle punch is encased
by other FMVSS No. 302 materials. A typical construction consists of
the leather seating surface on which an occupant sits. A cover pad is
glued to the underside of the leather. The cover and cover pad each
comply with FMVSS No. 302. The needle punch felt is sewn to the cover
pad assembly, and when so equipped, a layer of seat heater material is
attached to the underside, forming a cover sub-assembly. The seat
heater complies with FMVSS No. 302 requirements. The cover sub-assembly
is then tightly secured over the seat cushion pad foam or seat back pad
foam to the seat structure with ``hog'' rings. The seat cushion and
seat back foam each comply with FMVSS No. 302 requirements. When so
secured, no portion of the needle punch felt material is visible or
directly exposed to the occupant compartment. As constructed, it would
be highly unlikely that the needle punch felt material would ever be
exposed to ignition sources such as matches or cigarettes, identified
in S2 of FMVSS No. 302 as a stated purpose of the standard. Because the
needle punch felt is completely surrounded by FMVSS No. 302 compliant
material, it would be extremely unlikely that a vehicle occupant would
ever be exposed to a risk of injury as a result of the noncompliance .
. .
11. The needle punch felt material is only a very small part of the
overall mass of the soft material comprising the entire seat assembly
(i.e. up to a maximum of 0.55% depending on the seat and 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.
12. There are no known field events involving ignition of the
needle punch felt material as of November 22, 2016. Toyota is not aware
of any fires, crashes, injuries or customer complaints involving this
component in the subject vehicles.
13. NHTSA has previously granted at least nine FMVSS No. 302
petitions for inconsequential noncompliance, one of which was for a
vehicle's seat heater assemblies, one of which was for a vehicle's
console armrest, one of which was for large truck sleeper bedding, and
six of which were for issues related to child restraints. (For a full
list along with summaries of the petitions that Toyota references
please see Toyota's petition)
Toyota stated that they have made improvements that were
implemented as of October 21, 2016, to assure that any new vehicle sold
by Toyota will meet all FMVSS No. 302 requirements.
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 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 M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-06955 Filed 4-6-17; 8:45 am]
BILLING CODE 4910-59-P