Toyota Motor North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Toyota Highlander
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Jeffrey Mark Giuseppe
National Highway Traffic Safety Administration
3 December 2019
[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Notices]
[Pages 66276-66278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26086]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0071; 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) 2013-2019 Toyota RAV4 and MY 2014-2019 Toyota
Highlander motor vehicles do not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior
Materials. Toyota filed a noncompliance report dated June 19, 2019.
Toyota subsequently petitioned NHTSA on July 12, 2019, and later
amended that petition on August 13, 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 January 2, 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
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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 2013-2019 Toyota
RAV4 and certain Toyota Highlander motor vehicles do not fully comply
with paragraph S4 of FMVSS No. 302, Flammability of Interior Materials
(49 CFR 571.302). Toyota filed a noncompliance report dated June 19,
2019, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Toyota subsequently petitioned NHTSA on
July 12, 2019, and later amended its petition on August 13, 2019, for
an exemption from the notification and remedy requirement 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 2,144,217 MY 2013-2019 Toyota
RAV4 and MY 2014-2019 Toyota Highlander/Highlander HV motor vehicles,
manufactured between December 21, 2012 and March 28, 2019, are
potentially involved.
III. Noncompliance: Toyota explains that the noncompliance is that
the subject vehicles are equipped with floor mats that contain hook and
loop fasteners that do not meet the flammability requirements set forth
in paragraphs S4.1 through S4.3(b) of FMVSS No. 302. Specifically, the
loop side of the fastener that attaches the floor mat to the underlying
padding is made from a material that is noncompliant.
IV. Rule Requirements: Paragraphs S4.1 through S4.3(b) of FMVSS No.
302 includes the requirements relevant to this petition. The portions
described in paragraph S4.2 of the following components of vehicle
occupant compartments shall meet the requirements of paragraph S4.3,
seat cushions, seatbacks, seat belts, headlining, convertible tops,
armrests, all trim panels including door, front, rear, and side panels,
compartment shelves, head restraints, floor coverings, sun visors,
curtains, shades, wheel housing covers, engine compartment covers,
mattress covers, and any other interior materials, including padding
and crash-deployed elements, that are designed to absorb energy on
contact by occupants in the event of a crash. Any material that does
not adhere to other material(s) at every point of contact shall meet
the requirements of paragraph S4.3(a) when tested in accordance with
paragraph S5, material described in paragraphs 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 paragraph S5. If a
material stops burning before it has burned for 60 seconds from the
start of timing, and has not burned more than 51 mm from the point
where the timing was started, it shall be considered to meet the burn-
rate requirement of paragraph S4.3(a).
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 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. When tested as a ``composite,'' FMVSS No. 302 criteria are met:
Toyota conducted FMVSS No. 302 burn testing of the loop fastener
when assembled to the carpet as a ``composite.'' Toyota chose
configurations to evaluate that were the most conservative in
determining the material burn rate performance.
Toyota conducted burn rate testing using composite samples that
were cut from mass production parts. Although the loop fasteners are
not installed directly at the edge of the carpet, in order to test at
the worst-case position for burn rate, Toyota tested with the fasteners
aligned at the edge of the carpet.
As evidenced by the test data, the loop material complies with
FMVSS No. 302 when tested as a ``composite'' as installed in the
vehicle.
2. The loop fastener is not exposed directly to the occupant
compartment air space:
As noted previously, 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.'' The noncomplying loop fastener
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 beneath and completely covered by the carpet
material which complies with FMVSS No. 302.
The loop fastener is layered between other FMVSS No. 302 compliant
materials. The fastener is attached to the underside of the carpet for
the purpose of attaching it to the underlying padding. No portion of
the loop fastener material is visible or directly exposed to the
occupant compartment as installed in the vehicle. As constructed, it
would be highly unlikely that the loop fastener material would ever be
exposed to ignition sources such as matches or cigarettes, identified
in paragraph S2 of FMVSS No. 302 as a stated purpose of the standard.
Because the loop fastener material is covered and layered between FMVSS
No. 302-compliant materials, it would be extremely unlikely that a
vehicle occupant would ever be exposed to a risk of injury as a result
of the noncompliance.
Given the stated purpose of FMVSS No. 302, Toyota believes that the
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noncompliant loop fastener material, as installed in the vehicle, does
not present a safety risk, and the chance of fire or flame propagation
is essentially zero.
3. The loop fastener is a very small portion of the carpet
assembly:
The loop fastener material is only a very small part of the overall
mass of the soft material comprising the carpet assembly (i.e., up to a
maximum of 0.037% depending on the 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.
4. There are no relevant field incidents:
Toyota conducted a search of consumer complaints, field reports,
dealer reports, Vehicle Owner Questionnaires (VOQs), and legal claims
for the subject vehicles and found no reports relating to ignition of
the loop fastener. As of July 10, 2019, Toyota is not aware of any
fires, crashes, or injuries in connection with this component in the
subject vehicles.
5. In similar situations, NHTSA has granted petitions for
inconsequential noncompliance relating to the subject requirement of
FMVSS No. 302:
Toyota stated NHTSA has previously granted at least ten FMVSS No.
302 petitions for inconsequential noncompliance, one of which was for a
vehicle's console armrest, one of which was for large truck sleeper
bedding, one of which was for seating material, and six of which were
for issues related to child restraints. A citation to each is provided
below:
Paccar (57 FR 45868, October 5, 1992) (Noncompliant tape
edging surrounding otherwise compliant bedding materials in a large
truck sleeper bed was deemed by the agency to be inconsequential).
Fisher-Price (60 FR 41152, August 11, 1995) (Noncompliant
fabric used in CRS shoulder straps was deemed to be inconsequential by
the agency).
Century (60 FR 41148, August 11, 1995) (Noncompliant seat
covers were determined unlikely to pose a flammability risk when
securely sewn to the seat).
Cosco (60 FR 41150, August 11, 1995) (Noncompliant fabric
used in CRS shoulder straps was deemed to be inconsequential).
Kolcraft (63 FR 24585, May 4, 1998) (One or more of the
fitting, face, or backing materials of CRS seat covers were
noncompliant).
Cosco (63 FR 30809, June 5, 1998) (Noncomplying fiberfill
incorporated into a pillow located in a child restraint was
inconsequential to safety due to the unlikelihood of exposure to an
ignition source).
Ford (63 FR 40780, July 30, 1998) (A noncompliant center
console armrest ``plus pad'' was determined by the Agency to be
inconsequential to safety in that, because of its location under an
exterior cover).
Graco (77 FR 14055, March 8, 2012) (Certain noncompliant
warning labels attached to the outside of detachable accessory pillows
were deemed inconsequential by the Agency due to the relatively small
size of the label).
Toyota (80 FR 4035, January 26, 2015) (Certain
noncompliant front and rear seat back and seat cushion seat heaters
were determined by the Agency to be inconsequential to safety in that
the seat heaters were unlikely to pose a flammability risk).
Toyota (83 FR 16433, April 16, 2018) (Certain noncompliant
needle punch felt material used in the front and rear seat covers and
rear center armrest assemblies were determined by the Agency to be
inconsequential to safety).
In support of Toyota's petition, Toyota submitted the following
supplemental information in support of the petition:
Toyota stated that on July 31, 2019, Transport Canada (TC) notified
Toyota Canada, Inc. (TCI) that it had evaluated information supplied by
TCI in connection with a Notice of Noncompliance submitted to TC
involving the same facts that gave rise to the part 573 Report that is
subject of this inconsequentiality petition.
Transport Canada concluded that ``there is no real or implied
degradation to motor vehicle safety'' presented by the noncompliance
with FMVSS No. 302, and indicated that no further notification or
remedy action is required.''
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.
Jeffrey Mark Giuseppe,
Associate Administrator for Enforcement.
[FR Doc. 2019-26086 Filed 12-2-19; 8:45 am]
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