Toyota Motor North America, Inc., Receipt of Petitions for Decision of Inconsequential Noncompliance |
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Topics: Toyota, Joyson, Tokai Rika
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Otto G. Matheke III
National Highway Traffic Safety Administration
23 March 2021
[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]
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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.
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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 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]
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