80_FR_51814 80 FR 51650 - Denial of Motor Vehicle Defect Petition

80 FR 51650 - Denial of Motor Vehicle Defect Petition

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 164 (August 25, 2015)

Page Range51650-51654
FR Document2015-20949

This notice sets forth the reasons for denying a petition submitted to NHTSA, 49 U.S.C. 30162, 49 CFR part 552, requesting that the agency open ``an investigation into low-speed surging in different models of Toyota automobiles in which the car starts accelerating and the engine RPM increases even when the accelerator pedal is not depressed.''

Federal Register, Volume 80 Issue 164 (Tuesday, August 25, 2015)
[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Notices]
[Pages 51650-51654]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20949]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Defect Petition

AGENCY: National Highway Traffic Safety Administration, (NHTSA), 
Department of Transportation.

ACTION: Denial of a petition for a defect investigation.

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SUMMARY: This notice sets forth the reasons for denying a petition 
submitted to NHTSA, 49 U.S.C. 30162, 49 CFR part 552, requesting that 
the agency open ``an investigation into low-speed surging in different 
models of Toyota automobiles in which the car starts accelerating and 
the engine RPM increases even when the accelerator pedal is not 
depressed.''

FOR FURTHER INFORMATION CONTACT: Mr. Stephen McHenry, Vehicle Control 
Division, Office of Defects Investigation, NHTSA, 1200 New Jersey 
Avenue SE., Washington, DC 20590. Telephone 202-366-4883. Email 
[email protected].

SUPPLEMENTARY INFORMATION: 

1.0 Introduction

    Interested persons may petition NHTSA requesting that the agency 
initiate an investigation to determine whether a motor vehicle or item 
of replacement equipment does not comply with an applicable motor 
vehicle safety standard or contains a defect that relates to motor 
vehicle safety. 49 U.S.C. 30162(a)(2); 49 CFR 552.1. Upon receipt of a 
properly filed petition, the agency conducts a technical review of the 
petition, material submitted with the petition, and any additional 
information. 49 U.S.C. 30162(c); 49 CFR 552.6. The technical review may 
consist solely of a review of information already in the possession of 
the agency, or it may include the collection of information from the 
motor vehicle manufacturer and/or other sources. After considering the 
technical review and taking into account appropriate factors, which may 
include, among others, allocation of agency resources, agency 
priorities, the likelihood of uncovering sufficient evidence to 
establish the existence of a defect, and the likelihood of success in 
any necessary enforcement litigation, the agency will grant or deny the 
petition. See 49 U.S.C. 30162(d); 49 CFR 552.8.

2.0 Petition Background Information

    In a letter dated June 19, 2015, Dr. Gopal Raghavan (the 
petitioner) requested that NHTSA open ``an investigation into low-speed 
surging in different models of Toyota automobiles in which the car 
starts accelerating and the engine RPM increases even when the 
accelerator pedal is not depressed.'' Dr. Raghavan based his request on 
his analysis of EDR data from an accident involving his wife and from 
two other accidents in Toyota vehicles. NHTSA has reviewed the material 
cited by the petitioner. The results of this review and our evaluation 
of the petition are set forth in the DP15-005 Petition Analysis Report, 
published in its entirety as an appendix to this notice.
    After a thorough assessment of the material submitted by the 
petitioner, the information already in NHTSA's possession, and the 
potential risks to safety implicated by the petitioner's allegations, 
it is unlikely that an order concerning the notification and remedy of 
a safety-related defect would result from any proceeding initiated by 
the granting of Dr. Raghavan's petition. After full consideration of 
the potential for finding a safety related defect in the vehicle, and 
in view of NHTSA's enforcement priorities, its previous investigations 
into this issue, and the need to allocate and prioritize NHTSA's 
limited resources to best accomplish the agency's mission, the petition 
is denied.

[[Page 51651]]

Appendix--Petition Analysis--DP15-005

1.0 Introduction

    On June 29, 2015, the National Highway Traffic Safety 
Administration (NHTSA) received a June 19, 2015 letter from Dr. 
Gopal Raghavan, Ph.D. EE (the petitioner), petitioning the agency 
``for an investigation into low-speed surging in different models of 
Toyota automobiles in which the car starts accelerating and the 
engine RPM increases even when the accelerator pedal is not 
depressed.'' In support of this request, the petitioner provides his 
analysis of Event Data Recorder (EDR) data from three accidents, 
which he alleges, ``shows a troubling similarity amongst EDRs of 
Toyota cars showing sudden acceleration.''

2.0 Petition Analysis

2.1 EDR Pre-Crash Data

    Since the petition is based on several misconceptions about 
Toyota EDR pre-crash data, a short background of this system is 
provided. The Toyota EDR collects pre-trigger data (vehicle speed, 
engine speed, brake switch status, and accelerator pedal position 
sensor #1 voltage) from the vehicle's High Speed Controller Area 
Network (HS-CAN), which is refreshed either periodically or 
immediately by the respective control modules.

          Table 1--EDR Pre-Crash Parameters, by Refresh Rate 2
------------------------------------------------------------------------
            Parameter                Refresh rate         Resolution
------------------------------------------------------------------------
Brake Switch....................  Immediately.......  On/Off.
Engine RPM......................  24 ms.............  400 RPM.1
Vehicle Speed...................  500 ms............  2 km/h.2
Accelerator Rate................  512 ms............  0.039 volts.
------------------------------------------------------------------------

     
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    \1\ EDR recorded data are rounded down in the indicated 
resolution increments.
    \2\ These values apply to ES350 and Camry vehicles involved in 
two of the incidents identified by the petitioner. The third 
vehicle, a 2010 Toyota Corolla, has a slower refresh rate for Engine 
RPM (524 ms).
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    The EDR continuously performs 1 Hz sampling of HS-CAN pre-
trigger data and stores the data in a temporary buffer. The EDR only 
saves this data, along with the trigger data, when it detects a 
triggering event such as a crash.\3\ Table 1 shows the refresh rates 
and resolutions for the pre-crash data signals. Any analysis of EDR 
data for Toyota vehicles should apply these data time tolerances and 
resolutions at each of the pre-crash data points.
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    \3\ An event is triggered by detection of a deceleration of 
approximately 2 g's.
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    In 2010, NHTSA's Vehicle Research and Test Center (VRTC) 
conducted testing to validate the EDR pre-crash data used in NHTSA 
field investigations.\4\ Figure 1 shows accelerator pedal sensor 
voltage data from one test performed by VRTC in the validation 
testing.\5\ As the figure shows, the EDR does not necessarily 
capture all accelerator pedal applications during an event and the 
accelerator pedal voltage recorded at each EDR time interval may not 
be the actual accelerator pedal voltage at that interval.
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    \4\ ``Event Data Recorder--Pre Crash Data Validation of Toyota 
Products,'' NHTSA-NVS-2011-ETC-SR07, February 2011.
    \5\ ``Event Data Recorder--Pre Crash Data Validation of Toyota 
Products,'' NHTSA-NVS-2011-ETC-SR07, February 2011, page 13.
[GRAPHIC] [TIFF OMITTED] TN25AU15.003

    Subsequent studies have confirmed the limitations of stored EDR 
pre-crash data in capturing the entire crash event due to the data 
refresh rates, data resolutions and EDR sampling 
rates.6 7 8
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    \6\ Brown, R., White, S., ``Evaluation of Camry HS-CAN Pre-Crash 
Data,'' SAE Technical Paper 2012-01-0996, 2012, doi: 10.4271/2012-
01-0996.
    \7\ Brown, R., Lewis, L., Hare, B., Jakstis, M. et al., 
``Confirmation of Toyota EDR Pre-crash Data,'' SAE Technical Paper 
2012-01-0998, 2012, doi: 10.4271/2012-01-0998.
    \8\ Ruth, R., Bartlett, W., Daily, J., ``Accuracy of Event Data 
in the 2010 and 2011 Toyota Camry During Steady State and Braking 
Conditions,'' SAE Technical Paper 2012-01-0999, 2012, doi: 10.4271/
2012-01-0999.
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    The Bosch CDR report provided with the petition clearly notes 
these issues in the first two items of Data Limitations section on 
page one of the report:
     Due to limitations of the data recorded by the airbag 
ECU, such as the resolution, data range, sampling interval, time 
period of the recording, and the items recorded, the information 
provided by this data may not be sufficient to capture the entire 
crash.
     Pre-Crash data is recorded in discrete intervals. Due 
to different refresh rates within the vehicle's electronics, the 
data recorded may not be synchronous to each other.

2.2 Crashes Cited by Petitioner

2.2.1 2009 Lexus ES350

    The first incident identified by the petitioner involved a 
sudden acceleration accident experienced by his wife as she

[[Page 51652]]

attempted to park the family's 2009 Lexus ES350 on Friday, February 
13, 2015 (VOQ 10732103). When interviewed by ODI, Mrs. Raghavan 
stated that the engine roared as she was coasting into a parking 
space. She stated that the surge occurred before she applied the 
brake and that when she applied the brake there was no response or 
braking action. The vehicle accelerated up onto a sidewalk and into 
some bushes and a fence. On February 24, 2015, a Toyota 
representative inspected the vehicle, including a download of EDR 
data (Table 2).

                                                        Table 2--Pre-Crash Data for VOQ 10732103
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Time (sec)                    -4.6                -3.6                -2.6                -1.6                -0.6               0 (TRG)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vehicle Speed (MPH [km/h])......  3.7 [6]...........  3.7 [6]...........  3.7 [6]...........  3.7 [6]...........  5 [8].............  8.7 [14].
Brake Switch....................  OFF...............  OFF...............  OFF...............  OFF...............  OFF...............  ON.
Accelerator Rate (V)............  0.78..............  0.78..............  0.78..............  0.78..............  2.38..............  0.78.
Engine RPM (RPM)................  400...............  400...............  400...............  800...............  1,600.............  1,600.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    According to the EDR data, immediately prior to impact (t = 0.6 
s) the brake pedal was not applied and the accelerator pedal was 
depressed to approximately 71 percent of full apply.\9\ Based on the 
recorded vehicle speeds at this time, the vehicle was inside the 
parking space when the acceleration occurred. At this time and 
distance from impact, the driver should be applying the brake and 
not the accelerator to safely stop the vehicle and avoid the 
collision. Although the driver alleged that the brakes were not 
effective during the incident, the brakes had no prior history of 
malfunction and the post-incident inspection did not identify any 
issues with the brake system. Based on the available information, 
this incident is consistent with pedal misapplication by the driver 
and provides no evidence of a vehicle defect.


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    \9\ According to Toyota, an Accelerator Rate of 2.38 volts 
indicates an accelerator pedal application of 71 percent.
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2.2.2 2010 Toyota Corolla

    The second incident identified by the petitioner involved a MY 
2010 Toyota Corolla that accelerated into a parked vehicle during an 
attempted curbside-parking maneuver in a residential neighborhood on 
June 8, 2014 (VOQ 10637908). NHTSA examined this incident in Defect 
Petition DP14-003, which the agency closed on April 29, 2015.\10\
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    \10\ McHenry, S., ``Denial of Motor Vehicle Defect Petition,'' 
DP14-003, May 2015.
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    In the police report for this accident, the driver states that 
she stopped at an intersection with the intention of turning right 
and parking along the curb behind a parked vehicle. When interviewed 
by ODI, the driver indicated that as she applied the brakes during 
the incident, the car responded by accelerating. She stated that it 
did not slow down, and it continued to increase in speed until it 
hit the back of the parked vehicle. Similar to the current 
petitioner's incident, the EDR data for this incident (Table 3) 
shows no recorded service brake application until the airbag module 
trigger point (t = 0s).

                                                        Table 3--Pre-Crash Data for VOQ 10637908
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Time (sec)                    -4.8                -3.8                -2.8                -1.8                -0.8               0 (TRG)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vehicle Speed (MPH [km/h])......  3.7 [6]...........  3.7 [6]...........  3.7 [6]...........  3.7 [6]...........  5 [8].............  7.5 [12].
Brake Switch....................  OFF...............  OFF...............  OFF...............  OFF...............  OFF...............  ON.
Accelerator Rate (V)............  0.78..............  0.78..............  0.86..............  0.78..............  0.78..............  0.78.
Engine RPM (RPM)................  800...............  800...............  800...............  800...............  800...............  1,600.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Based on the vehicle speeds recorded just prior to impact (t = -
0.8 s), the Corolla was less than a car length from the parked 
vehicle and traveling 7 to 9 feet per second with no indication of 
service brake application. At this speed and distance, the driver 
should be applying the brake to safely stop the vehicle and avoid 
the collision. Although the recorded accelerator rate voltages do 
not show a pedal application corresponding with the surge,\11\ VRTC 
simulation testing verified that unrecorded accelerator pedal 
applications could produce the increases in vehicle speed and engine 
speed shown by the EDR in the trigger data.\12\ In addition, VRTC 
accumulated over two thousand miles of testing of this vehicle 
during DP14-003 with no problems noted in the throttle, transmission 
or brake systems.\13\ As previously determined by NHTSA, this 
incident does not provide evidence of a vehicle defect.


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    \11\ The data do show a small accelerator pedal application 2.8 
seconds prior to the impact.
    \12\ Collins, W., Stoltzfus, D., ``Evaluation of 2010 Toyota 
Corolla from DP14-003,'' DP14-003WDC, April 2015, pages 11-13.
    \13\ Collins, W., Stoltzfus, D., ``Evaluation of 2010 Toyota 
Corolla from DP14-003,'' DP14-003WDC, April 2015.
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2.2.3 2009 Toyota Camry

    The third incident identified by the petitioner involved a MY 
2009 Toyota Camry that accelerated into a building when attempting 
to park in a storefront facing parking space on December 21, 2009 
(VOQ 10299750). This incident was among 58 accidents investigated by 
NHTSA in 2010 as part of the joint study with NASA. A description of 
the incident, identified as Case 33 in the NHTSA study, was included 
as an example of the 39 accidents classified as pedal 
misapplications in a 2011 report summarizing NHTSA's field 
investigations.\14\
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    \14\ ``NHTSA Toyota Pre-Crash EDR Field Inspections during 
March-August 2010,'' NHTSA-NVS-2011-ETC-SR10, February, 2011, pages 
15-16.

                                           Table 4--Pre-Crash Data for VOQ 10299750, EDR Tool Version 1.4.1.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Time (sec)                    -4.7                -3.7                -2.7                -1.7                -0.7               0 (TRG)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vehicle Speed (MPH [km/h])......  3.7 [6]...........  3.7 [6]...........  3.7 [6]...........  9.9 [16]..........  13.7 [22].........  19.9 [32]
Brake Switch....................  OFF...............  OFF...............  OFF...............  OFF...............  OFF...............  OFF
Accelerator Rate (V)............  0.86..............  0.82..............  0.98..............  0.78..............  3.71..............  1.37
Engine RPM (RPM)................  400...............  400...............  800...............  1,600.............  3,200.............  4,400
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 51653]]

    As described in the 2011 report, the driver had turned from a 
lane of traffic to enter a parking space and was about to come to a 
rest facing a shopping plaza storefront when the vehicle lunged 
forward through the fa[ccedil]ade of a hair salon. The driver 
reported having his foot on the brake when the acceleration 
occurred. Table 4 shows the EDR pre-crash data for this accident, as 
published in the 2011 report.\15\
---------------------------------------------------------------------------

    \15\ The petitioner based his analysis of this incident on a 
different EDR readout reviewed later in this report, in Section 
2.3.3, ``Case 33.''
---------------------------------------------------------------------------

    The EDR data for this incident shows no recorded service brake 
application during the event. Immediately prior to impact and after 
the vehicle had entered the parking space, the driver pressed the 
accelerator pedal to the floor when intending to apply the 
brake.\16\ As noted in the 2011 report, this incident is consistent 
with pedal misapplication by the driver and does not provide any 
evidence of a vehicle defect as suggested by the petitioner.
---------------------------------------------------------------------------

    \16\ The recorded Accelerator Rate of 3.71 volts is well beyond 
the accelerator rate needed for 100 percent throttle.
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2.3 Petitioner Claims and Misconceptions

2.3.1 ``Strong Signature''

    According to the petitioner, ``The fact that all three cars were 
coasting at 3.7 mph when the sudden-acceleration happened appears to 
be a strong signature of a common issue.'' However, even though the 
EDR data for the three incidents may have reflected speeds of 3.7 
mph before the acceleration occurred, the vehicles may not have 
actually been travelling the same speed. The common speeds recorded 
in the three vehicles are simply an artifact of the EDR vehicle 
speed resolution of 2 km/h. In all three incidents, the vehicles 
were travelling 6.0-7.9 km/h (3.7-4.9 mph) prior to the 
accelerations, which the Toyota EDR records as 6 km/h (3.7 mph). 
These are common speeds for low-speed parking maneuvers.
    The ``glitch'' in accelerator pedal voltage that the petitioner 
alleges occurs after the 3.7 mph speed recording, is the voltage 
increase resulting from the accelerator pedal applications by the 
drivers. The petitioner claims that the voltage spike suggests a 
potential vehicle based cause, speculating, ``the accelerator is 
either calculating an incorrect accelerator value or receiving a 
noise spike on the accelerator sensor.'' However, such speculation 
ignores the facts that the accelerator pedal has redundant sensors 
and that NASA already thoroughly examined this subject during the 
joint study. The common pattern is that the ``glitches'' occur at 
the moments in the events when the driver should be initiating 
braking, but no braking has occurred.
    Thus, the only common signature evident in the incidents is that 
in all three the surges occurred when the driver should have 
initiated braking for a vehicle entering a parking space at low 
speed. The fact that the vehicles suddenly accelerated just as they 
were beginning to enter their intended parking spaces instead of 
braking to a stop as intended is a signature of pedal misapplication 
by the driver. NHTSA has observed this signature in investigations 
of sudden acceleration dating back to the first such investigation 
that ODI opened in 1978. It is not isolated to any particular makes 
or models of vehicles or to any throttle design technologies.

2.3.2 Engine RPM Increases

    The petitioner claims that each of the incidents he analyzed 
displays evidence of engine speed increases without any application 
of the accelerator pedal. For example, in his analysis of his wife's 
incident he states, ``by -1.6 seconds the engine RPM has DOUBLED to 
800 with no depression of the accelerator.'' This assertion reflects 
a misunderstanding of the manner in which the Toyota EDR samples and 
records pre-crash data as previously described in this report and in 
prior reports published by NHTSA.
    First, as indicated in this report and in the Data Definitions 
section on page two of the Bosch CDR report attached to the 
petition, the Toyota EDR records engine speed in 400 rpm increments 
(rounded down). For example, a recorded value of 400 rpm indicates 
that the measured engine speed was between 400 and 799 rpm. Thus, an 
increase in recorded engine speed from 400 to 800 rpm could result 
from a change in engine speed of just 1 rpm.
    Second, the nominal idle speed for a MY 2009 ES350 when the 
engine is warm, the transmission is in gear (i.e., either Drive or 
Reverse), and no accessory loads are operating is approximately 600 
rpm. Air-conditioning use and steering input may result in the idle 
speed increasing to 700 to 800 rpm to compensate for the additional 
loads placed on the engine by the air-conditioning compressor and 
power-steering pump. Thus, the actual engine speeds associated with 
the recorded values of 400 rpm were likely closer to 800 rpm than 
400 rpm.\17\
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    \17\ Engine speeds that drop below 500 rpm are uncommon in motor 
vehicles and have been associated with engine stall due to idle 
undershoot in some ODI investigations of non-Toyota products.
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    Finally, it is not accurate to state that engine speed increases 
did not result from accelerator pedal applications based strictly on 
the recorded EDR data, since the data do not necessarily show all 
accelerator pedal applications (see section 2.1 and Figure 1) and 
because of the differences in refresh rates for engine speed and 
accelerator rate. Although actual engine speed will closely follow 
accelerator rate, the recorded accelerator rate may slightly lag 
behind recorded engine speed due to the slower refresh rate of the 
accelerator signal (see Table 1). Thus, the increase in recorded 
engine speed at -1.6 seconds prior to impact could very well have 
resulted from the initial stages of the large pedal application that 
the EDR recorded at -0.6 seconds.

2.3.3 Case 33

    The EDR data used by the petitioner for Case 33 was from the 
initial readout ODI performed with the original version of software 
available from Toyota (Table 5). This version converted accelerator 
pedal sensor #1 voltages to an accelerator status of OFF, MIDDLE or 
FULL. A supplemental report to the NHTSA February 2011 report 
included a copy of this readout.\18\ This incident is one of many 
incidents from early field investigations that ODI read a second 
time after receiving an updated version of Toyota software that 
provided a more precise indication of accelerator pedal 
position.\19\
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    \18\ ``Toyota EDR Data from NHTSA Pre-Crash Field Inspections,'' 
NHTSA-NVS-2011-ETC-SR12, February 2011.
    \19\ ``Toyota EDR Software Versions Used in NHTSA Unintended 
Acceleration Field Investigation Cases,'' NHTSA-NVS-2011-ETC-SR08, 
February 2011, page 8.

                                    Table 5--Pre-Crash Data for VOQ 10299750, EDR Tool Version 1.3 (Original Readout)
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Time (sec)                    -4.7                -3.7                -2.7                -1.7                -0.7               0 (TRG)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vehicle Speed (MPH [km/h])......  3.7 [6]...........  3.7 [6]...........  3.7 [6]...........  9.9 [16]..........  13.7 [22].........  19.9 [32]
Brake Switch....................  OFF...............  OFF...............  OFF...............  OFF...............  OFF...............  OFF
Accelerator.....................  OFF...............  OFF...............  OFF...............  OFF...............  FULL..............  OFF
Engine RPM (RPM)................  400...............  400...............  800...............  1,600.............  3,200.............  4,400
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 4 shows the data from the readout obtained using the 
updated software. Rather than maintaining a consistent voltage as 
may be misinterpreted by the OFF accelerator levels shown in Table 
5, the accelerator pedal rates in the updated readout in Table 4 
show that the driver was applying the accelerator pedal at varying 
rates throughout the event. Thus, the petitioner's conclusions that 
the vehicle was coasting and the driver had not depressed the 
accelerator pedal when the idle speed was increasing are incorrect 
and do not provide evidence of a vehicle defect.

2.3.4 NASA ``High-Speed Study''

    The petitioner incorrectly characterizes the joint NASA-NHTSA 
study as a ``high-speed study.'' In fact, the joint study focused on 
all potential vulnerabilities in the Toyota ETCS-i system that were 
not associated with the

[[Page 51654]]

floor mat entrapment or sticking accelerator pedal conditions 
addressed by multiple Toyota safety recalls in 2009 and 2010.\20\ 
Most such incidents examined during the study involved allegations 
of sudden acceleration in vehicles initially moving at low speeds. 
The most common scenario for the incidents was acceleration when 
attempting to park. Thus, contrary to the petitioner's 
characterization, low-speed surges were the primary focus of the 
study by NHTSA and NASA in 2010.
---------------------------------------------------------------------------

    \20\ The floor mat entrapment and sticking pedal defect 
conditions were both ``stuck throttle'' type defect conditions, 
which typically occur at higher speeds when larger accelerator pedal 
applications necessary to cause the entrapment are more likely.
---------------------------------------------------------------------------

    The incidents analyzed by the petitioner fall within the scope 
of prior work conducted in the joint NHTSA-NASA study of Toyota 
ETCS-i and, more recently, the analysis conducted in evaluating 
Defect Petition DP14-003. His claims appear to be based on upon 
several misconceptions regarding the manner in which Toyota EDR 
sample and record data, as well as a misunderstanding of the scope 
of and results from prior work conducted by NHTSA, NASA and others 
related to sudden unintended acceleration and the use of EDR data in 
related field investigations. The petitioner has presented no new 
evidence or theories not already considered by NHTSA that warrant 
reconsideration of any of the analyses or conclusions from that 
prior work.

3.0 Conclusion

    In our view, a defects investigation is unlikely to result in a 
finding that a defect related to motor vehicle safety exists, or a 
NHTSA order for the notification and remedy of a safety-related 
defect as alleged by the petitioner, at the conclusion of the 
requested investigation. Therefore, given a thorough analysis of the 
potential for finding a safety related defect in the vehicle, and in 
view of NHTSA's enforcement priorities, its previous investigations 
into this issue, and the need to allocate and prioritize NHTSA's 
limited resources to best accomplish the agency's safety mission and 
mitigate risk, the petition is denied. This action does not 
constitute a finding by NHTSA that a safety-related defect does not 
exist. The agency will take further action if warranted by future 
circumstances.

    Authority: 49 U.S.C. 30162(d); delegations of authority at 49 
CFR 1.50 and 501.8.

Frank S. Borris II,
Acting Associate Administrator for Enforcement.

[FR Doc. 2015-20949 Filed 8-24-15; 8:45 am]
 BILLING CODE 4910-59-P



                                                    51650                        Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices

                                                    the search field at http://                             the Harmonized Tariff Schedule (HTS)                  defect that relates to motor vehicle
                                                    www.regulations.gov.                                    of the United States.                                 safety. 49 U.S.C. 30162(a)(2); 49 CFR
                                                                                                               Based on information and                           552.1. Upon receipt of a properly filed
                                                    William D. Jackson,
                                                                                                            commitments provided by Curaçao to                   petition, the agency conducts a
                                                    Deputy Assistant U.S. Trade Representative              date, I have determined that Curaçao
                                                    for the Generalized System of Preferences,                                                                    technical review of the petition,
                                                                                                            satisfies the requirements of section                 material submitted with the petition,
                                                    Office of the U.S. Trade Representative.
                                                                                                            213(b)(4)(A)(ii) of the CBERA relating to             and any additional information. 49
                                                    [FR Doc. 2015–21067 Filed 8–24–15; 8:45 am]
                                                                                                            the implementation of procedures and                  U.S.C. 30162(c); 49 CFR 552.6. The
                                                    BILLING CODE 3290–F5–P
                                                                                                            requirements similar in all material                  technical review may consist solely of a
                                                                                                            respects to those in Chapter 5 of the                 review of information already in the
                                                                                                            NAFTA. Accordingly, pursuant to the
                                                    OFFICE OF THE UNITED STATES                                                                                   possession of the agency, or it may
                                                                                                            authority vested in the USTR by
                                                    TRADE REPRESENTATIVE                                                                                          include the collection of information
                                                                                                            Proclamation 9072, the HTS is modified
                                                                                                                                                                  from the motor vehicle manufacturer
                                                    Determination Under the Caribbean                       by (i) modifying general note 17(a) to
                                                                                                            the Harmonized Tariff Schedule of the                 and/or other sources. After considering
                                                    Basin Trade Partnership Act                                                                                   the technical review and taking into
                                                                                                            United States by adding in alphabetical
                                                    AGENCY: Office of the United States                     sequence ‘‘Curaçao,’’ and (ii) modifying             account appropriate factors, which may
                                                    Trade Representative.                                   U.S. note 1 to subchapter XX of chapter               include, among others, allocation of
                                                    ACTION: Notice.                                         98 by inserting in alphabetical sequence              agency resources, agency priorities, the
                                                                                                            ‘‘Curaçao,’’, effective with respect to              likelihood of uncovering sufficient
                                                    SUMMARY:     The United States Trade                    articles entered, or withdrawn from                   evidence to establish the existence of a
                                                    Representative has determined that                      warehouse, on the date of this notice.                defect, and the likelihood of success in
                                                    Curaçao meets certain customs criteria                                                                       any necessary enforcement litigation,
                                                    of the Caribbean Basin Trade                            Michael B.G. Froman,
                                                                                                                                                                  the agency will grant or deny the
                                                    Partnership Act and, therefore, imports                 United States Trade Representative.                   petition. See 49 U.S.C. 30162(d); 49 CFR
                                                    of eligible products from Curaçao                      [FR Doc. 2015–20921 Filed 8–24–15; 8:45 am]           552.8.
                                                    qualify for the enhanced trade benefits                 BILLING CODE 3290–F5–P
                                                    provided under the Act.                                                                                       2.0      Petition Background Information
                                                    DATES: Effective date: August 18, 2015.
                                                                                                                                                                     In a letter dated June 19, 2015, Dr.
                                                    FOR FURTHER INFORMATION CONTACT:                        DEPARTMENT OF TRANSPORTATION
                                                                                                                                                                  Gopal Raghavan (the petitioner)
                                                    Mary Estelle Ryckman, Senior Advisor,                                                                         requested that NHTSA open ‘‘an
                                                    Office of the United States Trade                       National Highway Traffic Safety
                                                                                                            Administration                                        investigation into low-speed surging in
                                                    Representative, (202) 395–9585.                                                                               different models of Toyota automobiles
                                                    SUPPLEMENTARY INFORMATION: The                          Denial of Motor Vehicle Defect Petition               in which the car starts accelerating and
                                                    Caribbean Basin Trade Partnership Act                                                                         the engine RPM increases even when
                                                    (Title II of the Trade and Development                  AGENCY:  National Highway Traffic
                                                                                                            Safety Administration, (NHTSA),                       the accelerator pedal is not depressed.’’
                                                    Act of 2000, Pub. L. 106–200) (CBTPA)                                                                         Dr. Raghavan based his request on his
                                                    expands the trade benefits available to                 Department of Transportation.
                                                                                                                                                                  analysis of EDR data from an accident
                                                    Caribbean and Central American                          ACTION: Denial of a petition for a defect
                                                                                                                                                                  involving his wife and from two other
                                                    beneficiary countries under the                         investigation.
                                                                                                                                                                  accidents in Toyota vehicles. NHTSA
                                                    Caribbean Basin Economic Recovery Act
                                                                                                            SUMMARY:   This notice sets forth the                 has reviewed the material cited by the
                                                    (CBERA). The enhanced trade benefits
                                                    provided by the CBTPA are available to                  reasons for denying a petition submitted              petitioner. The results of this review
                                                    imports of eligible products from                       to NHTSA, 49 U.S.C. 30162, 49 CFR part                and our evaluation of the petition are set
                                                    countries that (1) the President                        552, requesting that the agency open                  forth in the DP15–005 Petition Analysis
                                                    designates as CBTPA beneficiary                         ‘‘an investigation into low-speed surging             Report, published in its entirety as an
                                                    countries, and (2) meet the requirements                in different models of Toyota                         appendix to this notice.
                                                    of the CBERA relating to                                automobiles in which the car starts
                                                                                                                                                                     After a thorough assessment of the
                                                    implementation of customs procedures                    accelerating and the engine RPM
                                                                                                                                                                  material submitted by the petitioner, the
                                                    and requirements similar to those in                    increases even when the accelerator
                                                                                                                                                                  information already in NHTSA’s
                                                    Chapter 5 of the North American Free                    pedal is not depressed.’’
                                                                                                                                                                  possession, and the potential risks to
                                                    Trade Agreement (NAFTA) that assist                     FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                                                                                  safety implicated by the petitioner’s
                                                    the U.S. Customs and Border Protection                  Stephen McHenry, Vehicle Control
                                                                                                                                                                  allegations, it is unlikely that an order
                                                    (CBP) in verifying the origin of the                    Division, Office of Defects Investigation,
                                                                                                                                                                  concerning the notification and remedy
                                                    products.                                               NHTSA, 1200 New Jersey Avenue SE.,
                                                                                                            Washington, DC 20590. Telephone 202–                  of a safety-related defect would result
                                                       In Proclamation 9072 of December 23,                                                                       from any proceeding initiated by the
                                                    2013, the President designated Curaçao                 366–4883. Email stephen.mchenry@
                                                                                                            dot.gov.                                              granting of Dr. Raghavan’s petition.
                                                    as a CBERA and a CBTPA beneficiary
                                                                                                                                                                  After full consideration of the potential
                                                    country. In that proclamation, the                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  for finding a safety related defect in the
                                                    President also delegated to the United
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                                                    States Trade Representative (USTR) the                  1.0    Introduction                                   vehicle, and in view of NHTSA’s
                                                    authority to determine whether Curaçao                   Interested persons may petition                     enforcement priorities, its previous
                                                    is meeting the customs criteria of the                  NHTSA requesting that the agency                      investigations into this issue, and the
                                                    CBERA. The President directed the                       initiate an investigation to determine                need to allocate and prioritize NHTSA’s
                                                    USTR to announce any such                               whether a motor vehicle or item of                    limited resources to best accomplish the
                                                    determinations in the Federal Register                  replacement equipment does not                        agency’s mission, the petition is denied.
                                                    and to implement any such                               comply with an applicable motor
                                                    determinations through modifications to                 vehicle safety standard or contains a


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                                                                                          Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices                                                                                51651

                                                    Appendix—Petition Analysis—DP15–                                        even when the accelerator pedal is not                                  data, a short background of this system is
                                                    005                                                                     depressed.’’ In support of this request, the                            provided. The Toyota EDR collects pre-
                                                                                                                            petitioner provides his analysis of Event Data                          trigger data (vehicle speed, engine speed,
                                                    1.0 Introduction                                                        Recorder (EDR) data from three accidents,                               brake switch status, and accelerator pedal
                                                      On June 29, 2015, the National Highway                                which he alleges, ‘‘shows a troubling                                   position sensor #1 voltage) from the vehicle’s
                                                    Traffic Safety Administration (NHTSA)                                   similarity amongst EDRs of Toyota cars
                                                                                                                            showing sudden acceleration.’’                                          High Speed Controller Area Network (HS–
                                                    received a June 19, 2015 letter from Dr. Gopal                                                                                                  CAN), which is refreshed either periodically
                                                    Raghavan, Ph.D. EE (the petitioner),                                    2.0     Petition Analysis                                               or immediately by the respective control
                                                    petitioning the agency ‘‘for an investigation
                                                                                                                            2.1 EDR Pre-Crash Data                                                  modules.
                                                    into low-speed surging in different models of
                                                    Toyota automobiles in which the car starts                                Since the petition is based on several
                                                    accelerating and the engine RPM increases                               misconceptions about Toyota EDR pre-crash

                                                                                                       TABLE 1—EDR PRE-CRASH PARAMETERS, BY REFRESH RATE 2
                                                                                                Parameter                                                                      Refresh rate                                         Resolution

                                                    Brake Switch ...........................................................................................   Immediately ...................................       On/Off.
                                                    Engine RPM ............................................................................................    24 ms .............................................   400 RPM.1
                                                    Vehicle Speed .........................................................................................    500 ms ...........................................    2 km/h.2
                                                    Accelerator Rate ......................................................................................    512 ms ...........................................    0.039 volts.


                                                                                                                            signals. Any analysis of EDR data for Toyota                            accelerator pedal sensor voltage data from
                                                       The EDR continuously performs 1 Hz                                   vehicles should apply these data time                                   one test performed by VRTC in the validation
                                                    sampling of HS–CAN pre-trigger data and                                 tolerances and resolutions at each of the pre-                          testing.5 As the figure shows, the EDR does
                                                    stores the data in a temporary buffer. The                              crash data points.                                                      not necessarily capture all accelerator pedal
                                                    EDR only saves this data, along with the                                  In 2010, NHTSA’s Vehicle Research and                                 applications during an event and the
                                                    trigger data, when it detects a triggering event                        Test Center (VRTC) conducted testing to                                 accelerator pedal voltage recorded at each
                                                    such as a crash.3 Table 1 shows the refresh                             validate the EDR pre-crash data used in                                 EDR time interval may not be the actual
                                                    rates and resolutions for the pre-crash data                            NHTSA field investigations.4 Figure 1 shows                             accelerator pedal voltage at that interval.




                                                      Subsequent studies have confirmed the                                   • Due to limitations of the data recorded                             the vehicle’s electronics, the data recorded
                                                    limitations of stored EDR pre-crash data in                             by the airbag ECU, such as the resolution,                              may not be synchronous to each other.
                                                    capturing the entire crash event due to the                             data range, sampling interval, time period of
                                                    data refresh rates, data resolutions and EDR                                                                                                    2.2     Crashes Cited by Petitioner
                                                                                                                            the recording, and the items recorded, the
                                                    sampling rates.6 7 8                                                    information provided by this data may not be                            2.2.1     2009 Lexus ES350
                                                      The Bosch CDR report provided with the
                                                                                                                            sufficient to capture the entire crash.                                   The first incident identified by the
                                                    petition clearly notes these issues in the first
                                                    two items of Data Limitations section on page                             • Pre-Crash data is recorded in discrete                              petitioner involved a sudden acceleration
                                                    one of the report:                                                      intervals. Due to different refresh rates within                        accident experienced by his wife as she
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                                                      1 EDR recorded data are rounded down in the                             4 ‘‘Event Data Recorder—Pre Crash Data                                   7 Brown, R., Lewis, L., Hare, B., Jakstis, M. et al.,

                                                    indicated resolution increments.                                        Validation of Toyota Products,’’ NHTSA–NVS–                             ‘‘Confirmation of Toyota EDR Pre-crash Data,’’ SAE
                                                      2 These values apply to ES350 and Camry                               2011–ETC–SR07, February 2011.                                           Technical Paper 2012–01–0998, 2012, doi: 10.4271/
                                                    vehicles involved in two of the incidents identified                      5 ‘‘Event Data Recorder—Pre Crash Data                                2012–01–0998.
                                                    by the petitioner. The third vehicle, a 2010 Toyota                     Validation of Toyota Products,’’ NHTSA–NVS–                                8 Ruth, R., Bartlett, W., Daily, J., ‘‘Accuracy of

                                                    Corolla, has a slower refresh rate for Engine RPM                       2011–ETC–SR07, February 2011, page 13.                                  Event Data in the 2010 and 2011 Toyota Camry
                                                    (524 ms).                                                                 6 Brown, R., White, S., ‘‘Evaluation of Camry HS–                     During Steady State and Braking Conditions,’’ SAE
                                                      3 An event is triggered by detection of a                             CAN Pre-Crash Data,’’ SAE Technical Paper 2012–                         Technical Paper 2012–01–0999, 2012, doi: 10.4271/
                                                                                                                                                                                                                                                               EN25AU15.003</GPH>




                                                    deceleration of approximately 2 g’s.                                    01–0996, 2012, doi: 10.4271/2012–01–0996.                               2012–01–0999.



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                                                    51652                             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices

                                                    attempted to park the family’s 2009 Lexus                        that the surge occurred before she applied the                       24, 2015, a Toyota representative inspected
                                                    ES350 on Friday, February 13, 2015 (VOQ                          brake and that when she applied the brake                            the vehicle, including a download of EDR
                                                    10732103). When interviewed by ODI, Mrs.                         there was no response or braking action. The                         data (Table 2).
                                                    Raghavan stated that the engine roared as she                    vehicle accelerated up onto a sidewalk and
                                                    was coasting into a parking space. She stated                    into some bushes and a fence. On February

                                                                                                            TABLE 2—PRE-CRASH DATA FOR VOQ 10732103
                                                                  Time (sec)                              ¥4.6                      ¥3.6                      ¥2.6                      ¥1.6                      ¥0.6                   0 (TRG)

                                                    Vehicle Speed (MPH [km/h]) .......             3.7 [6] ..............    3.7 [6] ..............    3.7 [6] ..............    3.7 [6] ..............    5 [8] .................   8.7 [14].
                                                    Brake Switch ...............................   OFF .................     OFF .................     OFF .................     OFF .................     OFF .................     ON.
                                                    Accelerator Rate (V) ....................      0.78 ..................   0.78 ..................   0.78 ..................   0.78 ..................   2.38 ..................   0.78.
                                                    Engine RPM (RPM) .....................         400 ...................   400 ...................   400 ...................   800 ...................   1,600 ................    1,600.



                                                       According to the EDR data, immediately                        available information, this incident is                                 In the police report for this accident, the
                                                    prior to impact (t = 0.6 s) the brake pedal was                  consistent with pedal misapplication by the                          driver states that she stopped at an
                                                    not applied and the accelerator pedal was                        driver and provides no evidence of a vehicle                         intersection with the intention of turning
                                                    depressed to approximately 71 percent of full                    defect.                                                              right and parking along the curb behind a
                                                    apply.9 Based on the recorded vehicle speeds                                                                                          parked vehicle. When interviewed by ODI,
                                                    at this time, the vehicle was inside the                                                                                              the driver indicated that as she applied the
                                                    parking space when the acceleration                              2.2.2 2010 Toyota Corolla                                            brakes during the incident, the car responded
                                                    occurred. At this time and distance from                           The second incident identified by the                              by accelerating. She stated that it did not
                                                    impact, the driver should be applying the                        petitioner involved a MY 2010 Toyota                                 slow down, and it continued to increase in
                                                    brake and not the accelerator to safely stop                     Corolla that accelerated into a parked vehicle                       speed until it hit the back of the parked
                                                    the vehicle and avoid the collision. Although                    during an attempted curbside-parking                                 vehicle. Similar to the current petitioner’s
                                                    the driver alleged that the brakes were not                      maneuver in a residential neighborhood on
                                                    effective during the incident, the brakes had                                                                                         incident, the EDR data for this incident
                                                                                                                     June 8, 2014 (VOQ 10637908). NHTSA
                                                    no prior history of malfunction and the post-                    examined this incident in Defect Petition                            (Table 3) shows no recorded service brake
                                                    incident inspection did not identify any                         DP14–003, which the agency closed on April                           application until the airbag module trigger
                                                    issues with the brake system. Based on the                       29, 2015.10                                                          point (t = 0s).

                                                                                                            TABLE 3—PRE-CRASH DATA FOR VOQ 10637908
                                                                  Time (sec)                              ¥4.8                      ¥3.8                      ¥2.8                      ¥1.8                      ¥0.8                   0 (TRG)

                                                    Vehicle Speed (MPH [km/h]) .......             3.7 [6] ..............    3.7 [6] ..............    3.7 [6] ..............    3.7 [6] ..............    5 [8] .................   7.5 [12].
                                                    Brake Switch ...............................   OFF .................     OFF .................     OFF .................     OFF .................     OFF .................     ON.
                                                    Accelerator Rate (V) ....................      0.78 ..................   0.78 ..................   0.86 ..................   0.78 ..................   0.78 ..................   0.78.
                                                    Engine RPM (RPM) .....................         800 ...................   800 ...................   800 ...................   800 ...................   800 ...................   1,600.



                                                      Based on the vehicle speeds recorded just                      EDR in the trigger data.12 In addition, VRTC                         that accelerated into a building when
                                                    prior to impact (t = ¥0.8 s), the Corolla was                    accumulated over two thousand miles of                               attempting to park in a storefront facing
                                                    less than a car length from the parked vehicle                   testing of this vehicle during DP14–003 with                         parking space on December 21, 2009 (VOQ
                                                    and traveling 7 to 9 feet per second with no                     no problems noted in the throttle,                                   10299750). This incident was among 58
                                                    indication of service brake application. At                      transmission or brake systems.13 As                                  accidents investigated by NHTSA in 2010 as
                                                    this speed and distance, the driver should be                    previously determined by NHTSA, this
                                                    applying the brake to safely stop the vehicle                                                                                         part of the joint study with NASA. A
                                                                                                                     incident does not provide evidence of a                              description of the incident, identified as Case
                                                    and avoid the collision. Although the                            vehicle defect.
                                                    recorded accelerator rate voltages do not                                                                                             33 in the NHTSA study, was included as an
                                                    show a pedal application corresponding with                                                                                           example of the 39 accidents classified as
                                                    the surge,11 VRTC simulation testing verified                                                                                         pedal misapplications in a 2011 report
                                                    that unrecorded accelerator pedal                                2.2.3     2009 Toyota Camry
                                                                                                                                                                                          summarizing NHTSA’s field investigations.14
                                                    applications could produce the increases in                        The third incident identified by the
                                                    vehicle speed and engine speed shown by the                      petitioner involved a MY 2009 Toyota Camry

                                                                                    TABLE 4—PRE-CRASH DATA FOR VOQ 10299750, EDR TOOL VERSION 1.4.1.1
                                                                  Time (sec)                              ¥4.7                      ¥3.7                      ¥2.7                      ¥1.7                      ¥0.7                   0 (TRG)

                                                    Vehicle Speed (MPH [km/h]) .......             3.7 [6] ..............    3.7 [6] ..............    3.7 [6] ..............    9.9 [16] ............     13.7 [22] ..........      19.9 [32]
                                                    Brake Switch ...............................   OFF .................     OFF .................     OFF .................     OFF .................     OFF .................     OFF
                                                    Accelerator Rate (V) ....................      0.86 ..................   0.82 ..................   0.98 ..................   0.78 ..................   3.71 ..................   1.37
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                                                    Engine RPM (RPM) .....................         400 ...................   400 ...................   800 ...................   1,600 ................    3,200 ................    4,400

                                                      9 According to Toyota, an Accelerator Rate of 2.38               12 Collins, W., Stoltzfus, D., ‘‘Evaluation of 2010                  14 ‘‘NHTSA Toyota Pre-Crash EDR Field

                                                    volts indicates an accelerator pedal application of              Toyota Corolla from DP14–003,’’ DP14–003WDC,                         Inspections during March–August 2010,’’ NHTSA–
                                                    71 percent.                                                      April 2015, pages 11–13.                                             NVS–2011–ETC–SR10, February, 2011, pages 15–
                                                      10 McHenry, S., ‘‘Denial of Motor Vehicle Defect
                                                                                                                       13 Collins, W., Stoltzfus, D., ‘‘Evaluation of 2010                16.
                                                    Petition,’’ DP14–003, May 2015.
                                                      11 The data do show a small accelerator pedal
                                                                                                                     Toyota Corolla from DP14–003,’’ DP14–003WDC,
                                                                                                                     April 2015.
                                                    application 2.8 seconds prior to the impact.



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                                                                                       Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices                                                                             51653

                                                       As described in the 2011 report, the driver                     noise spike on the accelerator sensor.’’                                Second, the nominal idle speed for a MY
                                                    had turned from a lane of traffic to enter a                       However, such speculation ignores the facts                          2009 ES350 when the engine is warm, the
                                                    parking space and was about to come to a rest                      that the accelerator pedal has redundant                             transmission is in gear (i.e., either Drive or
                                                    facing a shopping plaza storefront when the                        sensors and that NASA already thoroughly                             Reverse), and no accessory loads are
                                                    vehicle lunged forward through the façade of                      examined this subject during the joint study.                        operating is approximately 600 rpm. Air-
                                                    a hair salon. The driver reported having his                       The common pattern is that the ‘‘glitches’’                          conditioning use and steering input may
                                                    foot on the brake when the acceleration                            occur at the moments in the events when the                          result in the idle speed increasing to 700 to
                                                    occurred. Table 4 shows the EDR pre-crash                          driver should be initiating braking, but no
                                                                                                                                                                                            800 rpm to compensate for the additional
                                                    data for this accident, as published in the                        braking has occurred.
                                                                                                                                                                                            loads placed on the engine by the air-
                                                    2011 report.15                                                        Thus, the only common signature evident
                                                       The EDR data for this incident shows no                         in the incidents is that in all three the surges                     conditioning compressor and power-steering
                                                    recorded service brake application during the                      occurred when the driver should have                                 pump. Thus, the actual engine speeds
                                                    event. Immediately prior to impact and after                       initiated braking for a vehicle entering a                           associated with the recorded values of 400
                                                    the vehicle had entered the parking space,                         parking space at low speed. The fact that the                        rpm were likely closer to 800 rpm than 400
                                                    the driver pressed the accelerator pedal to the                    vehicles suddenly accelerated just as they                           rpm.17
                                                    floor when intending to apply the brake.16 As                      were beginning to enter their intended                                  Finally, it is not accurate to state that
                                                    noted in the 2011 report, this incident is                         parking spaces instead of braking to a stop as                       engine speed increases did not result from
                                                    consistent with pedal misapplication by the                        intended is a signature of pedal                                     accelerator pedal applications based strictly
                                                    driver and does not provide any evidence of                        misapplication by the driver. NHTSA has                              on the recorded EDR data, since the data do
                                                    a vehicle defect as suggested by the                               observed this signature in investigations of                         not necessarily show all accelerator pedal
                                                    petitioner.                                                        sudden acceleration dating back to the first                         applications (see section 2.1 and Figure 1)
                                                                                                                       such investigation that ODI opened in 1978.                          and because of the differences in refresh rates
                                                    2.3    Petitioner Claims and Misconceptions                        It is not isolated to any particular makes or                        for engine speed and accelerator rate.
                                                    2.3.1 ‘‘Strong Signature’’                                         models of vehicles or to any throttle design
                                                                                                                                                                                            Although actual engine speed will closely
                                                                                                                       technologies.
                                                       According to the petitioner, ‘‘The fact that                                                                                         follow accelerator rate, the recorded
                                                    all three cars were coasting at 3.7 mph when                       2.3.2 Engine RPM Increases                                           accelerator rate may slightly lag behind
                                                    the sudden-acceleration happened appears to                          The petitioner claims that each of the                             recorded engine speed due to the slower
                                                    be a strong signature of a common issue.’’                         incidents he analyzed displays evidence of                           refresh rate of the accelerator signal (see
                                                    However, even though the EDR data for the                          engine speed increases without any                                   Table 1). Thus, the increase in recorded
                                                    three incidents may have reflected speeds of                       application of the accelerator pedal. For                            engine speed at ¥1.6 seconds prior to impact
                                                    3.7 mph before the acceleration occurred, the                      example, in his analysis of his wife’s incident                      could very well have resulted from the initial
                                                    vehicles may not have actually been                                he states, ‘‘by ¥1.6 seconds the engine RPM                          stages of the large pedal application that the
                                                    travelling the same speed. The common                              has DOUBLED to 800 with no depression of                             EDR recorded at ¥0.6 seconds.
                                                    speeds recorded in the three vehicles are                          the accelerator.’’ This assertion reflects a
                                                    simply an artifact of the EDR vehicle speed                        misunderstanding of the manner in which                              2.3.3    Case 33
                                                    resolution of 2 km/h. In all three incidents,                      the Toyota EDR samples and records pre-                                 The EDR data used by the petitioner for
                                                    the vehicles were travelling 6.0–7.9 km/h                          crash data as previously described in this                           Case 33 was from the initial readout ODI
                                                    (3.7–4.9 mph) prior to the accelerations,                          report and in prior reports published by                             performed with the original version of
                                                    which the Toyota EDR records as 6 km/h (3.7                        NHTSA.
                                                                                                                                                                                            software available from Toyota (Table 5).
                                                    mph). These are common speeds for low-                               First, as indicated in this report and in the
                                                    speed parking maneuvers.                                                                                                                This version converted accelerator pedal
                                                                                                                       Data Definitions section on page two of the
                                                       The ‘‘glitch’’ in accelerator pedal voltage                     Bosch CDR report attached to the petition,                           sensor #1 voltages to an accelerator status of
                                                    that the petitioner alleges occurs after the 3.7                   the Toyota EDR records engine speed in 400                           OFF, MIDDLE or FULL. A supplemental
                                                    mph speed recording, is the voltage increase                       rpm increments (rounded down). For                                   report to the NHTSA February 2011 report
                                                    resulting from the accelerator pedal                               example, a recorded value of 400 rpm                                 included a copy of this readout.18 This
                                                    applications by the drivers. The petitioner                        indicates that the measured engine speed was                         incident is one of many incidents from early
                                                    claims that the voltage spike suggests a                           between 400 and 799 rpm. Thus, an increase                           field investigations that ODI read a second
                                                    potential vehicle based cause, speculating,                        in recorded engine speed from 400 to 800                             time after receiving an updated version of
                                                    ‘‘the accelerator is either calculating an                         rpm could result from a change in engine                             Toyota software that provided a more precise
                                                    incorrect accelerator value or receiving a                         speed of just 1 rpm.                                                 indication of accelerator pedal position.19

                                                                       TABLE 5—PRE-CRASH DATA FOR VOQ 10299750, EDR TOOL VERSION 1.3 (ORIGINAL READOUT)
                                                                   Time (sec)                               ¥4.7                      ¥3.7                      ¥2.7                      ¥1.7                     ¥0.7                  0 (TRG)

                                                    Vehicle Speed (MPH [km/h]) .......               3.7 [6] ..............    3.7 [6] ..............    3.7 [6] ..............    9.9 [16] ............    13.7 [22] ..........     19.9 [32]
                                                    Brake Switch ...............................     OFF .................     OFF .................     OFF .................     OFF .................    OFF .................    OFF
                                                    Accelerator ..................................   OFF .................     OFF .................     OFF .................     OFF .................    FULL ................    OFF
                                                    Engine RPM (RPM) .....................           400 ...................   400 ...................   800 ...................   1,600 ................   3,200 ................   4,400



                                                      Table 4 shows the data from the readout                          pedal at varying rates throughout the event.                         2.3.4    NASA ‘‘High-Speed Study’’
                                                    obtained using the updated software. Rather                        Thus, the petitioner’s conclusions that the                             The petitioner incorrectly characterizes the
                                                    than maintaining a consistent voltage as may                       vehicle was coasting and the driver had not
                                                    be misinterpreted by the OFF accelerator                                                                                                joint NASA–NHTSA study as a ‘‘high-speed
                                                                                                                       depressed the accelerator pedal when the                             study.’’ In fact, the joint study focused on all
                                                    levels shown in Table 5, the accelerator pedal                     idle speed was increasing are incorrect and
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                                                    rates in the updated readout in Table 4 show                                                                                            potential vulnerabilities in the Toyota ETCS-
                                                    that the driver was applying the accelerator                       do not provide evidence of a vehicle defect.                         i system that were not associated with the

                                                      15 The petitioner based his analysis of this                       17 Engine speeds that drop below 500 rpm are                         19 ‘‘Toyota EDR Software Versions Used in

                                                    incident on a different EDR readout reviewed later                 uncommon in motor vehicles and have been                             NHTSA Unintended Acceleration Field
                                                    in this report, in Section 2.3.3, ‘‘Case 33.’’                     associated with engine stall due to idle undershoot                  Investigation Cases,’’ NHTSA–NVS–2011–ETC–
                                                      16 The recorded Accelerator Rate of 3.71 volts is                in some ODI investigations of non-Toyota products.                   SR08, February 2011, page 8.
                                                                                                                         18 ‘‘Toyota EDR Data from NHTSA Pre-Crash
                                                    well beyond the accelerator rate needed for 100
                                                                                                                       Field Inspections,’’ NHTSA–NVS–2011–ETC–SR12,
                                                    percent throttle.                                                  February 2011.



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                                                    51654                        Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices

                                                    floor mat entrapment or sticking accelerator            DEPARTMENT OF TRANSPORTATION                          2015. Access to the DOT Headquarters
                                                    pedal conditions addressed by multiple                                                                        building is controlled therefore all
                                                    Toyota safety recalls in 2009 and 2010.20               Notice of Meeting of the Advisory                     persons who plan to attend the meeting
                                                    Most such incidents examined during the                 Council on Transportation Statistics                  must notify Mr. Gales at 202–366–1270
                                                    study involved allegations of sudden                    (ACTS) of the Office of the Assistant                 prior to August 31, 2015. Individuals
                                                    acceleration in vehicles initially moving at            Secretary for Research and                            attending the meeting must report to the
                                                    low speeds. The most common scenario for                Technology (OST–R)                                    main DOT entrance on New Jersey
                                                    the incidents was acceleration when                                                                           Avenue SE., for admission to the
                                                    attempting to park. Thus, contrary to the               AGENCY:   Bureau of Transportation
                                                                                                                                                                  building. Attendance is open to the
                                                    petitioner’s characterization, low-speed                Statistics (BTS), U.S. Department of
                                                                                                                                                                  public, but limited space is available.
                                                    surges were the primary focus of the study              Transportation (DOT).
                                                                                                                                                                  Persons with a disability requiring
                                                    by NHTSA and NASA in 2010.                              ACTION: Notice of meeting.                            special services, such as an interpreter
                                                       The incidents analyzed by the petitioner                                                                   for the hearing impaired, should contact
                                                    fall within the scope of prior work conducted              This notice announces, pursuant to
                                                                                                            Section 10(a)(2) of the Federal Advisory              Mr. D.Senay Gales at 202–366–1270 at
                                                    in the joint NHTSA–NASA study of Toyota                                                                       least seven calendar days prior to the
                                                    ETCS-i and, more recently, the analysis                 Committee Act (FACA) (Pub. L. 72–363;
                                                                                                            5 U.S.C. app. 2), a meeting of the                    meeting.
                                                    conducted in evaluating Defect Petition                                                                          Notice of this meeting is provided in
                                                    DP14–003. His claims appear to be based on              Advisory Council on Transportation
                                                                                                                                                                  accordance with the FACA and the
                                                    upon several misconceptions regarding the               Statistics (ACTS). The meeting will be
                                                                                                                                                                  General Services Administration
                                                    manner in which Toyota EDR sample and                   held on Thursday, September 10th,
                                                                                                                                                                  regulations (41 CFR part 102–3)
                                                    record data, as well as a misunderstanding of           2015 from 8:30 a.m. to 4:00 p.m. EST at
                                                                                                                                                                  covering management of Federal
                                                    the scope of and results from prior work                the U.S. Department of Transportation,
                                                                                                                                                                  advisory committees.
                                                    conducted by NHTSA, NASA and others                     Room E37–302, 1200 New Jersey Ave.
                                                    related to sudden unintended acceleration               SE., Washington, DC. Section 52011 of                   Issued in Washington, DC, on the 18th day
                                                                                                            the Moving Ahead for Progress in the                  of August 2015.
                                                    and the use of EDR data in related field
                                                    investigations. The petitioner has presented            21st Century Act (MAP–21) directs the                 Rolf Schmitt,
                                                    no new evidence or theories not already                 U.S. Department of Transportation to                  Deputy Director, Bureau of Transportation
                                                    considered by NHTSA that warrant                        establish an Advisory Council on                      Statistics.
                                                    reconsideration of any of the analyses or               Transportation Statistics subject to the              [FR Doc. 2015–20969 Filed 8–24–15; 8:45 am]
                                                    conclusions from that prior work.                       Federal Advisory Committee Act (5                     BILLING CODE 4910–9X–P
                                                                                                            U.S.C., App. 2) to advise the Bureau of
                                                    3.0   Conclusion
                                                                                                            Transportation Statistics (BTS) on the
                                                       In our view, a defects investigation is              quality, reliability, consistency,                    DEPARTMENT OF THE TREASURY
                                                    unlikely to result in a finding that a defect           objectivity, and relevance of
                                                    related to motor vehicle safety exists, or a            transportation statistics and analyses                Submission for OMB Review;
                                                    NHTSA order for the notification and remedy             collected, supported, or disseminated by              Comment Request
                                                    of a safety-related defect as alleged by the            the Bureau and the Department. The
                                                    petitioner, at the conclusion of the requested                                                                August 19, 2015.
                                                                                                            following is a summary of the draft                     The Department of the Treasury will
                                                    investigation. Therefore, given a thorough              meeting agenda: (1) USDOT Welcome
                                                    analysis of the potential for finding a safety                                                                submit the following information
                                                                                                            and Introduction of Council Members;                  collection request to the Office of
                                                    related defect in the vehicle, and in view of           (2) Update on Current BTS Issues; (3)
                                                    NHTSA’s enforcement priorities, its previous                                                                  Management and Budget (OMB) for
                                                                                                            Discussion about Future Data Products;                review and clearance in accordance
                                                    investigations into this issue, and the need to         (4) Program Review; (5) Public
                                                    allocate and prioritize NHTSA’s limited                                                                       with the Paperwork Reduction Act of
                                                                                                            Comments and Closing Remarks.                         1995, Public Law 104–13, on or after the
                                                    resources to best accomplish the agency’s
                                                                                                            Participation is open to the public.                  date of publication of this notice.
                                                    safety mission and mitigate risk, the petition             Members of the public who wish to
                                                    is denied. This action does not constitute a                                                                  DATES: Comments should be received on
                                                                                                            participate must notify Mr. D.Senay
                                                    finding by NHTSA that a safety-related defect
                                                                                                            Gales at d.senay.gales@dot.gov, not later             or before September 24, 2015 to be
                                                    does not exist. The agency will take further
                                                                                                            than August 31, 2015. Members of the                  assured of consideration.
                                                    action if warranted by future circumstances.                                                                  ADDRESSES: Send comments regarding
                                                                                                            public may present oral statements at
                                                      Authority: 49 U.S.C. 30162(d); delegations            the meeting with the approval of                      the burden estimate, or any other aspect
                                                    of authority at 49 CFR 1.50 and 501.8.                  Patricia Hu, Director of the Bureau of                of the information collection, including
                                                                                                            Transportation Statistics. Non-                       suggestion for reducing the burden, to
                                                    Frank S. Borris II,                                                                                           (1) Office of Information and Regulatory
                                                                                                            committee members wishing to present
                                                    Acting Associate Administrator for                                                                            Affairs, Office of Management and
                                                    Enforcement.
                                                                                                            oral statements or obtain information
                                                                                                            should contact Mr. D.Senay Gales via                  Budget, Attention: Desk Officer for
                                                    [FR Doc. 2015–20949 Filed 8–24–15; 8:45 am]             email no later than August 31, 2015.                  Treasury, New Executive Office
                                                    BILLING CODE 4910–59–P                                  Questions about the agenda or written                 Building, Room 10235, Washington, DC
                                                                                                            comments may be emailed to                            20503, or email at OIRA_Submission@
                                                                                                            D.Senay.Gales@dot.gov or submitted by                 OMB.EOP.GOV and (2) Treasury PRA
                                                                                                            U.S. Mail to: U.S. Department of                      Clearance Officer, 1750 Pennsylvania
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            Transportation, Office of the Assistant               Ave. NW., Suite 8140, Washington, DC
                                                                                                            Secretary for Research and Technology,                20220, or email at PRA@treasury.gov.
                                                                                                            Bureau of Transportation Statistics,                  FOR FURTHER INFORMATION CONTACT:
                                                      20 The floor mat entrapment and sticking pedal
                                                                                                            Attn: Mr. D.Senay Gales, 1200 New                     Copies of the submission(s) may be
                                                    defect conditions were both ‘‘stuck throttle’’ type
                                                                                                            Jersey Avenue SE., Room #E34–429,                     obtained by calling (202) 927–5331,
                                                    defect conditions, which typically occur at higher      Washington, DC 20590, or faxed to (202)               email at PRA@treasury.gov, or the entire
                                                    speeds when larger accelerator pedal applications       366–3383. BTS requests that written                   information collection request maybe
                                                    necessary to cause the entrapment are more likely.      comments be received by August 31,                    found at www.reginfo.gov.


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Document Created: 2018-02-23 11:02:27
Document Modified: 2018-02-23 11:02:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionDenial of a petition for a defect investigation.
ContactMr. Stephen McHenry, Vehicle Control Division, Office of Defects Investigation, NHTSA, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone 202-366-4883. Email [email protected]
FR Citation80 FR 51650 

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