82 FR 17076 - Toyota Motor Engineering & Manufacturing North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 66 (April 7, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 66 (April 7, 2017)
| Page Range | 17076-17079 | |
| FR Document | 2017-06955 |
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)] [Notices] [Pages 17076-17079] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06955] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0127; Notice 1] Toyota Motor Engineering & Manufacturing North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: Toyota Motor Engineering & Manufacturing North America, Inc., on behalf of Toyota Motor Corporation (collectively referred to as ``Toyota''), has determined that certain model year (MY) 2016-2017 Lexus RX350 and RX450H motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior Materials. Toyota filed a noncompliance information report dated November 3, 2016. Toyota also petitioned NHTSA on [[Page 17077]] November 23, 2016, and provided a supplement to their petition on December 12, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. DATES: The closing date for comments on the petition is May 8, 2017. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited in the title of this notice and submitted by any of the following methods:Mail: Send comments by mail addressed to U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. Hand Delivery: Deliver comments by hand to U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to (202) 493-2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that comments you have submitted by mail were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to https://www.regulations.gov, including any personal information provided. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All comments, background documentation, and supporting materials submitted to the docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at https://www.regulations.gov by following the online instructions for accessing the dockets. The docket ID number for this petition is shown in the heading of this notice. DOT's complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000, (65 FR 19477-78). SUPPLEMENTARY INFORMATION: I. Overview: Toyota Motor Corporation (Toyota), has determined that certain model year (MY) 2016-2017 Lexus RX350 and Lexus RX450H motor vehicles do not fully comply with paragraph S4.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior Materials. Toyota filed a noncompliance information report dated November 3, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Toyota also petitioned NHTSA on November 23, 2016, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety. This notice of receipt of Toyota's petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. II. Vehicles Involved: Approximately 102,075 MY 2016-2017 Lexus RX350 and Lexus RX450H motor vehicles manufactured between September 29, 2015 and October 21, 2016, are potentially involved. III. Noncompliance: Toyota explains that the noncompliance is that the front and rear seat covers and rear center armrest assemblies in the subject vehicles were manufactured with needle punch felt material that does not meet the burn rate requirements as specified in paragraph S4.2 and S4.3 of FMVSS No. 302. IV. Rule Text: Paragraph S4.2 of FMVSS No. 302 states: S4.2 Any portion of a single or composite material which is within 13 mm of the occupant compartment air space shall meet the requirements of S4.3. Paragraph S4.3(a) of FMVSS No. 302 states: When tested in accordance with S5, material described in S4.1 and S4.2 shall not burn, nor transmit a flame front across its surface, at a rate of more than 102 mm per minute. The requirement concerning transmission of a flame front shall not apply to a surface created by cutting a test specimen for purposes of testing pursuant to S5. V. Summary of Toyota's Petition: Toyota described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, Toyota submitted the following reasoning: 1. The front and rear seats in the subject vehicles are constructed of several layers of soft material mounted on a steel seat frame. The layers of soft material include a leather or synthetic leather seating surface with a cover pad laminated or laminated and sewn underneath, and a needle punch felt material attached to a seat cushion foam pad. The needle punch felt material is used to attach the cover subassembly to the foam pad. The needle punch felt is the only material that does not comply with FMVSS No. 302 requirements. It comprises up to approximately 0.32% of the total mass of the soft material of the front seat assembly, and between 0.48% and 0.55% of the total mass of the soft material of the rear seat assembly, an insignificant mass in relation to the total interior vehicle surfaces required to meet FMVSS No. 302. 2. The needle punch felt material complies with FMVSS No. 302 when tested as a ``composite'' as installed in the vehicle, i.e., along with the surrounding FMVSS No. 302 compliant seat cover, cover pad, foam pad, seat heater, carpet, and storage bin. 3. Toyota testing and design review of the seat heater and its components indicate that the chance of fire or flame induced by a malfunctioning seat heater is essentially zero. 4. The non-complying needle punch felt material would normally not be exposed to open flame or an ignition source (like matches or cigarettes) in its installed application, because it is installed within or completely covered by complying materials that meet FMVSs No. 302. 5. The needle punch felt material is a very small portion of the overall mass of the soft material portions comprising the entire seat assembly and is significantly less in relation to the entire vehicle interior surface area that could potentially be exposed to flame. Therefore, it would have an insignificant adverse effect on interior material burn rate and the potential for occupant injury due to interior fire. 6. Toyota is not aware of any data suggesting that fires have occurred in the field due to the installation of the [[Page 17078]] non-complying needle punch felt material. 7. In similar situations, NHTSA has granted petitions for inconsequential noncompliance relating to FMVSS No. 302 requirements. 8. To emulate the potential real world conditions that could occur to the relevant soft material portions of the front and rear seats as they are assembled into the subject vehicles, Toyota conducted FMVSS No. 302 burn testing of the seating materials when assembled as a ``composite.'' Toyota chose locations to evaluate that were judged to potentially be the least flame resistant so as to be the most conservative in determining material performance. Toyota determined synthetic leather to be the least flame resistant surface material to test based on review of the material construction as well as ``composite'' FMVSS No. 302 evaluations performed on the cover subassembly itself. Natural leather made from cow skin contains collagen fibers which are a non-flammable material. Synthetic leather is constructed of flammable urethane resin and polyester fibers which are treated with a flame retardant to achieve flammability requirements. To identify the potentially least flame resistant ``composite'' sample locations to evaluate Toyota did a thorough design review and ``composite'' testing of the cover assemblies according to FMVSS No. 302 procedures. Toyota tested the cover subassembly for the seat back and cushions at 21 different locations where needle punch felt is used. All locations met FMVSS No. 302 criteria; however, the three locations with the fastest burn rate were selected for further testing as assembled in the subject vehicles. These locations were tested under various conditions to simulate open flame exposure inside the vehicle. The samples were tested in their installed condition; however, in locations where the seat foam is part of the ``composite,'' only the portion which is within the 13 mm of the occupant airspace specified by the standard was tested. When applicable, the seat heater was included in the ``composite'' in its ``OFF'' condition. a. ``Composite'' Test Results: Toyota provided test results under eight different test conditions. In all test conditions, the samples exhibited burn rates well within the FMVSS No. 302 S4.3(a) requirements (i.e., no more than 102 mm/min), therefore meeting the FMVSS No. 302 criteria. Toyota provided the following table summarizing the test results. BILLING CODE 4910-59-P [GRAPHIC] [TIFF OMITTED] TN07AP17.003 BILLING CODE 4910-59-C As evidenced by testing in the table above, the needle punch felt material complies with FMVSS No. 302 when tested as a ``Composite'' as installed in the vehicle, i.e., along with the surrounding FMVSS No. 302 compliant cover sub-assembly parts, foam pad, seat heater, or storage bin. The non-complying needle punch felt material would not be exposed to open flame or an ignition source (like matches or cigarettes) in its installed application, because it is within or completely covered by complying materials that meet FMVSS No. 302. Given that the purpose of FMVSS No. 302 is to ``reduce the deaths and injuries to motor vehicle occupants caused by vehicle fires, especially those originating in the interior of the vehicle from sources such as matches or cigarettes,'' we believe that the noncompliant needle punch felt material as installed in the vehicle does not present a safety risk, and the chance of fire or flame propagation is essentially zero. 9. In order to evaluate any potential risk associated with the seat heater element as an internal ignition source, a design review and tests were conducted. The findings of the review and tests are outlined below: a. In all locations, the needle punch felt material never comes in direct contact with a seat heater element wire. b. The seat heater system has a self-diagnosis function. At ignition ``ON'' a system self-diagnosis check is performed to confirm that the switch, which consists of a relay and an IPD (intelligent Power Device), is operating properly. If the diagnosis detects a fault in the relay and/or the IPD, the system would not allow the seat heater to be turned on. In the unlikely event both the relay and the IPD fail and are stuck in the open position after the self-diagnosis, each seat heater's temperature is still regulated by its [[Page 17079]] thermostat. Under normal design operating conditions, the thermostat restricts the temperature of the element wire in a range of approximately 50 [deg]C to 100 [deg]C, depending on the specific application. This temperature range is far below the auto-ignition temperature of the needle punch felt, which is approximately 253 [deg]C. c. The seat heater element wire used in the subject vehicle is of a design which eliminates the potential for localized ``hot spots.'' The heating element wire is comprised of multiple individual filaments insulated from each other by urethane coating. The filaments are connected to each other in parallel rather than in series. In the event that one or more of the filaments are damaged, there is no change in current through the seat heater wire, and therefore no increase in temperature. Given the findings from the evaluation of the seat heater and its components, Toyota believes that the chance of an ignition internal to the seat induced by a malfunctioning seat heater is essentially zero, and no safety risk is presented. 10. The needle punch felt material is one of several layers of the soft material of the seats which is used for securing components together, improving appearance, and reducing noise. For all seating areas the needle punch felt material is either encased between or covered by other materials which themselves comply with FMVSS No. 302 requirements. In the vast majority of applications, the needle punch is encased by other FMVSS No. 302 materials. A typical construction consists of the leather seating surface on which an occupant sits. A cover pad is glued to the underside of the leather. The cover and cover pad each comply with FMVSS No. 302. The needle punch felt is sewn to the cover pad assembly, and when so equipped, a layer of seat heater material is attached to the underside, forming a cover sub-assembly. The seat heater complies with FMVSS No. 302 requirements. The cover sub-assembly is then tightly secured over the seat cushion pad foam or seat back pad foam to the seat structure with ``hog'' rings. The seat cushion and seat back foam each comply with FMVSS No. 302 requirements. When so secured, no portion of the needle punch felt material is visible or directly exposed to the occupant compartment. As constructed, it would be highly unlikely that the needle punch felt material would ever be exposed to ignition sources such as matches or cigarettes, identified in S2 of FMVSS No. 302 as a stated purpose of the standard. Because the needle punch felt is completely surrounded by FMVSS No. 302 compliant material, it would be extremely unlikely that a vehicle occupant would ever be exposed to a risk of injury as a result of the noncompliance . . . 11. The needle punch felt material is only a very small part of the overall mass of the soft material comprising the entire seat assembly (i.e. up to a maximum of 0.55% depending on the seat and vehicle model), and is significantly less in relation to the entire vehicle interior surface area that could potentially be exposed to flame. Therefore, it would have an insignificant adverse effect on interior material burn rate and the potential for occupant injury due to interior fire. 12. There are no known field events involving ignition of the needle punch felt material as of November 22, 2016. Toyota is not aware of any fires, crashes, injuries or customer complaints involving this component in the subject vehicles. 13. NHTSA has previously granted at least nine FMVSS No. 302 petitions for inconsequential noncompliance, one of which was for a vehicle's seat heater assemblies, one of which was for a vehicle's console armrest, one of which was for large truck sleeper bedding, and six of which were for issues related to child restraints. (For a full list along with summaries of the petitions that Toyota references please see Toyota's petition) Toyota stated that they have made improvements that were implemented as of October 21, 2016, to assure that any new vehicle sold by Toyota will meet all FMVSS No. 302 requirements. Toyota concluded by expressing the belief that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and that its petition to be exempted from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 49 U.S.C. 30120, should be granted. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, any decision on this petition only applies to the subject vehicles that Toyota no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after Toyota notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2017-06955 Filed 4-6-17; 8:45 am] BILLING CODE 4910-59-P
![17076 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices
In support of its petition, Cooper on the importance of the information inconsequential to motor vehicle safety.
submitted the following information they are submitting. Accordingly, Cooper’s petition is hereby
pertaining to the subject Cooper observed that NHTSA has granted and Cooper is consequently
noncompliance: previously granted inconsequential exempted from the obligation of
(a) Cooper states that the mislabeled noncompliance petitions regarding providing notification of, and a free
number of plies indicated on the noncompliances that are similar to the remedy for, that noncompliance under
sidewalls has no impact on the subject noncompliance. 49 U.S.C. 30118 and 30120.
operational performance or durability of Cooper concluded by expressing the NHTSA notes that the statutory
the subject tires or on the safety of belief that the subject noncompliance is provisions (49 U.S.C. 30118(d) and
vehicles on which those tires are inconsequential as it relates to motor 30120(h)) that permit manufacturers to
mounted. Cooper states that while the vehicle safety, and that its petition to be file petitions for a determination of
subject tires do not indicate the correct exempted from providing notification of inconsequentiality allow NHTSA to
number of plies in the tread on the the noncompliance, as required by 49 exempt manufacturers only from the
outboard side, they meet all other U.S.C. 30118, and a remedy for the duties found in sections 30118 and
performance requirements under the noncompliance, as required by 49 30120, respectively, to notify owners,
Federal Motor Vehicle Safety Standards. U.S.C. 30120, should be granted. purchasers, and dealers of a defect or
Cooper notes that the number of plies in NHTSA’s Decision noncompliance and to remedy the
the tread does not impact the defect or noncompliance. Therefore, this
performance or operation of a tire and NHTSA’s Analysis: The agency agrees
decision only applies to the subject tires
does not create a safety concern to either with Cooper that the noncompliance is
that Cooper no longer controlled at the
the operator of the vehicle on which the inconsequential to motor vehicle safety.
time it determined that the
tires are mounted, or the safety of The agency believes that one measure of
noncompliance existed. However, the
personnel in the tire repair, retread and inconsequentiality to motor vehicle
granting of this petition does not relieve
recycle industry. safety in this case is that there is no
equipment distributors and dealers of
(b) Cooper also states that the subject effect of the noncompliance on the
the prohibitions on the sale, offer for
tires were built as designed and meet or operational safety of vehicles on which
sale, or introduction or delivery for
exceed all performance requirements these tires are mounted. The safety of
introduction into interstate commerce of
and testing requirements specified people working in the tire retread,
the noncompliant tires under their
under FMVSS No. 139. Cooper states repair and recycling industries must
control after Cooper notified them that
that the subject tires completed all also be considered and is a measure of
the subject noncompliance existed.
Cooper Tire internal compliance testing inconsequentiality.
criteria, including passing shipping Although tire construction affects the Authority: 49 U.S.C. 30118, 30120:
certification testing in January 2016. In strength and durability of tires, neither delegations of authority at 49 CFR 1.95 and
the agency nor the tire industry 501.8.
addition, the 215/60R16, Mastercraft
LRS Grand Touring, serial week 1116, provides information relating tire Jeffrey M. Giuseppe,
passed all surveillance testing strength and durability to the number of Director, Office of Vehicle Safety Compliance.
conducted in early March 2016. plies and types of ply cord material in [FR Doc. 2017–06957 Filed 4–6–17; 8:45 am]
(c) Cooper states that the stamping the tread sidewall. Therefore, tire
BILLING CODE 4910–59–P
deviation occurred as a result of an dealers and customers should consider
administrative error when incorrect the tire construction information along
information was entered into Cooper with other information such as the load DEPARTMENT OF TRANSPORTATION
Tire’s electronic specification system at capacity, maximum inflation pressure,
the corporate level. That system and tread wear, temperature, and National Highway Traffic Safety
communicates information to the mold traction ratings, to assess performance Administration
management system which in turn capabilities of various tires. In the
[Docket No. NHTSA–2016–0127; Notice 1]
generates the construction stamping agency’s judgement, the incorrect
pocket plate. The electronic labeling of the tire construction Toyota Motor Engineering &
specification system incorrectly listed information will have an Manufacturing North America, Inc.,
the specific tire sizes and brands as two- inconsequential effect on motor vehicle Receipt of Petition for Decision of
ply, when the tires were actually safety because most consumers do not Inconsequential Noncompliance
designed with an HPL construction or as base tire purchases or vehicle operation
having a single ply in the tread. The parameters on the number of plies in a AGENCY: National Highway Traffic
incorrect construction information was tire. Safety Administration (NHTSA),
then engraved in the pocket plate and The agency also believes the Department of Transportation (DOT).
then installed in the affected molds. noncompliance will have no ACTION: Receipt of petition.
(d) Cooper states that it is not aware measureable effect on the safety of the
of any crashes, injuries, customer tire retread, repair, and recycling SUMMARY: Toyota Motor Engineering &
complaints, or field reports associated industries. The use of steel cord Manufacturing North America, Inc., on
with the mislabeling. construction in the sidewall and tread is behalf of Toyota Motor Corporation
Cooper states that the mislabeling has the primary safety concern of these (collectively referred to as ‘‘Toyota’’),
been corrected at the corporate level and industries. In this case, since the tire has determined that certain model year
the pocket plates of the molds have been sidewalls are marked correctly for the (MY) 2016–2017 Lexus RX350 and
nlaroche on DSK30NT082PROD with NOTICES
replaced, therefore, no additional tires number of steel plies, this potential RX450H motor vehicles do not fully
will be manufactured or sold with the safety concern does not exist. comply with Federal Motor Vehicle
noncompliance. Cooper also states that NHTSA’S Decision: In consideration Safety Standard (FMVSS) No. 302,
it has conducted training with tire of the foregoing, NHTSA finds that Flammability of Interior Materials.
engineers at the corporate level Cooper has met its burden of persuasion Toyota filed a noncompliance
responsible for inputting information that the subject FMVSS No. 139 information report dated November 3,
into the electronic specification system noncompliance in the affected tires is 2016. Toyota also petitioned NHTSA on
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![Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices 17079
thermostat. Under normal design the standard. Because the needle punch petition does not relieve vehicle
operating conditions, the thermostat felt is completely surrounded by distributors and dealers of the
restricts the temperature of the element FMVSS No. 302 compliant material, it prohibitions on the sale, offer for sale,
wire in a range of approximately 50 °C would be extremely unlikely that a or introduction or delivery for
to 100 °C, depending on the specific vehicle occupant would ever be exposed introduction into interstate commerce of
application. This temperature range is to a risk of injury as a result of the the noncompliant vehicles under their
far below the auto-ignition temperature noncompliance . . . control after Toyota notified them that
of the needle punch felt, which is 11. The needle punch felt material is the subject noncompliance existed.
approximately 253 °C. only a very small part of the overall
Authority: 49 U.S.C. 30118, 30120:
c. The seat heater element wire used mass of the soft material comprising the delegations of authority at 49 CFR 1.95 and
in the subject vehicle is of a design entire seat assembly (i.e. up to a 501.8.
which eliminates the potential for maximum of 0.55% depending on the
localized ‘‘hot spots.’’ The heating seat and vehicle model), and is Jeffrey M. Giuseppe,
element wire is comprised of multiple significantly less in relation to the entire Director, Office of Vehicle Safety Compliance.
individual filaments insulated from vehicle interior surface area that could [FR Doc. 2017–06955 Filed 4–6–17; 8:45 am]
each other by urethane coating. The potentially be exposed to flame. BILLING CODE 4910–59–P
filaments are connected to each other in Therefore, it would have an
parallel rather than in series. In the insignificant adverse effect on interior
event that one or more of the filaments material burn rate and the potential for DEPARTMENT OF TRANSPORTATION
are damaged, there is no change in occupant injury due to interior fire.
current through the seat heater wire, 12. There are no known field events National Highway Traffic Safety
and therefore no increase in involving ignition of the needle punch Administration
temperature. felt material as of November 22, 2016. [Docket No. NHTSA–2016–0129; Notice 1]
Given the findings from the Toyota is not aware of any fires, crashes,
evaluation of the seat heater and its injuries or customer complaints Toyota Motor Engineering &
components, Toyota believes that the involving this component in the subject Manufacturing North America, Inc.,
chance of an ignition internal to the seat vehicles. Receipt of Petition for Decision of
induced by a malfunctioning seat heater 13. NHTSA has previously granted at Inconsequential Noncompliance
is essentially zero, and no safety risk is least nine FMVSS No. 302 petitions for
presented. inconsequential noncompliance, one of AGENCY: National Highway Traffic
10. The needle punch felt material is which was for a vehicle’s seat heater Safety Administration (NHTSA),
one of several layers of the soft material assemblies, one of which was for a Department of Transportation (DOT).
of the seats which is used for securing vehicle’s console armrest, one of which ACTION: Receipt of petition.
components together, improving was for large truck sleeper bedding, and
appearance, and reducing noise. For all six of which were for issues related to SUMMARY: Toyota Motor Engineering &
seating areas the needle punch felt child restraints. (For a full list along Manufacturing North America, Inc., on
material is either encased between or with summaries of the petitions that behalf of Toyota Motor Corporation and
covered by other materials which Toyota references please see Toyota’s certain other specified Toyota
themselves comply with FMVSS No. petition) manufacturing entities (collectively
302 requirements. Toyota stated that they have made referred to as ‘‘Toyota’’), has determined
In the vast majority of applications, improvements that were implemented that certain model year (MY) 2016–2017
the needle punch is encased by other as of October 21, 2016, to assure that Lexus RX350 and Lexus RX450H motor
FMVSS No. 302 materials. A typical any new vehicle sold by Toyota will vehicles do not fully comply with
construction consists of the leather meet all FMVSS No. 302 requirements. Federal Motor Vehicle Safety Standard
seating surface on which an occupant Toyota concluded by expressing the (FMVSS) No. 202a, Head Restraints.
sits. A cover pad is glued to the belief that the subject noncompliance is Toyota filed a noncompliance
underside of the leather. The cover and inconsequential as it relates to motor information report dated November 29,
cover pad each comply with FMVSS No. vehicle safety, and that its petition to be 2016. Toyota also petitioned NHTSA on
302. The needle punch felt is sewn to exempted from providing notification of December 21, 2016, for a decision that
the cover pad assembly, and when so the noncompliance, as required by 49 the subject noncompliance is
equipped, a layer of seat heater material U.S.C. 30118, and a remedy for the inconsequential as it relates to motor
is attached to the underside, forming a noncompliance, as required by 49 vehicle safety.
cover sub-assembly. The seat heater U.S.C. 30120, should be granted. DATES: The closing date for comments
complies with FMVSS No. 302 NHTSA notes that the statutory on the petition is May 8, 2017.
requirements. The cover sub-assembly is provisions (49 U.S.C. 30118(d) and ADDRESSES: Interested persons are
then tightly secured over the seat 30120(h)) that permit manufacturers to invited to submit written data, views,
cushion pad foam or seat back pad foam file petitions for a determination of and arguments on this petition.
to the seat structure with ‘‘hog’’ rings. inconsequentiality allow NHTSA to Comments must refer to the docket and
The seat cushion and seat back foam exempt manufacturers only from the notice number cited in the title of this
each comply with FMVSS No. 302 duties found in sections 30118 and notice and submitted by any of the
requirements. When so secured, no 30120, respectively, to notify owners, following methods:
portion of the needle punch felt material purchasers, and dealers of a defect or • Mail: Send comments by mail
nlaroche on DSK30NT082PROD with NOTICES
is visible or directly exposed to the noncompliance and to remedy the addressed to U.S. Department of
occupant compartment. As constructed, defect or noncompliance. Therefore, any Transportation, Docket Operations, M–
it would be highly unlikely that the decision on this petition only applies to 30, West Building Ground Floor, Room
needle punch felt material would ever the subject vehicles that Toyota no W12–140, 1200 New Jersey Avenue SE.,
be exposed to ignition sources such as longer controlled at the time it Washington, DC 20590.
matches or cigarettes, identified in S2 of determined that the noncompliance • Hand Delivery: Deliver comments
FMVSS No. 302 as a stated purpose of existed. However, any decision on this by hand to U.S. Department of
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Document Created: 2017-04-06 23:49:51
Document Modified: 2017-04-06 23:49:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is May 8, 2017. | |
| FR Citation | 82 FR 17076 |
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