83_FR_16505 83 FR 16432 - Toyota Motor Engineering & Manufacturing North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

83 FR 16432 - Toyota Motor Engineering & Manufacturing North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 73 (April 16, 2018)

Page Range16432-16436
FR Document2018-07826

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 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.

Federal Register, Volume 83 Issue 73 (Monday, April 16, 2018)
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16432-16436]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07826]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0127; Notice 2]


Toyota Motor Engineering & Manufacturing North America, Inc., 
Grant of Petition for Decision of Inconsequential Noncompliance

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

ACTION: Grant of petition.

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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 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.

FOR FURTHER INFORMATION CONTACT: Abraham Diaz, Office of Vehicle Safety 
Compliance, National Highway Traffic Safety Administration (NHTSA), 
telephone 202-366-5310, facsimile 202-366-5930.

SUPPLEMENTARY INFORMATION:
    I. Overview: Toyota has determined that certain MY 2016-2017 Lexus 
RX350 and Lexus RX450H motor vehicles do not fully comply with 
paragraph S4.2 of FMVSS No. 302, Flammability of Interior Materials (49 
CFR 571.302). 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, and provided a supplement to their petition on December 12, 
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

[[Page 16433]]

49 U.S.C. chapter 301 on the basis that this noncompliance is 
inconsequential as it relates to motor vehicle safety.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on April 7, 2017 in the Federal Register (82 FR 
17076). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) website at: http://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2016-0127.''
    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 
paragraphs S4.2 and S4.3 of FMVSS No. 302.
    IV. Rule Requirements: Paragraphs S4.2 and S4.3(a) of FMVSS No. 302 
includes the requirements relevant to this petition:

     Any portion of a single or composite material which is 
within 13 millimeters (mm) of the occupant compartment air space 
shall meet the requirements of paragraph S4.3.
     When tested in accordance with paragraph S5, material 
described in paragraphs S4.1 and S4.2 shall not burn, nor transmit a 
flame front across its surface, at a rate of more than 102 mm per 
minute.
     The requirement concerning transmission of a flame 
front shall not apply to a surface created by cutting a test 
specimen for purposes of testing pursuant to paragraph S5.

    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.
    Toyota provided the following description of the construction of 
the front and rear seats related to the subject noncompliance. 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 
leather or synthetic leather surface, the cover pad, and the needle 
punch felt material together are referred to as the cover subassembly. 
The needle punch felt material is used to attach the cover subassembly 
to the foam pad. Depending on the vehicle specification, the seat 
assembly may or may not contain a seat heater, which is constructed of 
a urethane pad and attached light gauge wire acting as the heating 
element. The seat back construction is identical to the construction of 
the seat cushion. The rear seat assembly also includes a center armrest 
assembly that is covered with an armrest cover sub-assembly. Depending 
on the vehicle's specification, the armrest may or may not include a 
storage bin inside the center armrest. The needle punch felt is the 
only material that does not comply with FMVSS No. 302 requirements.
    In support of its petition, Toyota submitted the following 
reasoning:
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. Toyota is not aware of any data suggesting that fires have 
occurred in the field due to the installation of the non-complying 
needle punch felt material.
    6. In similar situations, NHTSA has granted petitions for 
inconsequential noncompliance relating to FMVSS No. 302 requirements.
    Toyota provided details of the above reasoning which are described 
below.

1. Composite Test Conditions

    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 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. According to Toyota, 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 simulating open flame exposure inside the vehicle. 
The conditions examined included those where the top leather and cover 
pad layers of the cover subassembly are torn and where the needle punch 
felt is exposed to direct flame. 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.
    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.

[[Page 16434]]

[GRAPHIC] [TIFF OMITTED] TN16AP18.024

    Toyota stated that based on the test results shown 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. Toyota stated that 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. Toyota further opined that 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,'' it believes 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.

2. Risk of the Seat Heater Element as an Ignition Source

    In order to evaluate any potential risk associated with the seat 
heater element as an internal ignition source, Toyota stated that it 
conducted a design review and tests. Toyota provided the following 
findings of the review and tests:
    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 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.

3. Exposure of the Needle Punch Felt Material

    Toyota stated that 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. Toyota 
stated that 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.
    Toyota explained the construction of the seat cover subassembly as 
follows: 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

[[Page 16435]]

is visible or directly exposed to the occupant compartment.
    Toyota stated that 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. Toyota stated that 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.

4. Proportion of the Needle Punch Felt Material Relative to the Other 
Soft Material in the Seat

    According to Toyota, the needle punch felt material comprises up to 
approximately 0.32 percent of the total mass of the soft material of 
the front seat assembly, and between 0.48 percent and 0.55 percent of 
the total mass of the soft material of the rear seat assembly. Toyota 
noted that the needle punch felt material is only a very small part of 
the overall mass of the soft material 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. 
Toyota stated that therefore, it would have an insignificant adverse 
effect on the interior material burn rate and the potential for 
occupant injury due to interior fire.

5. Field Events Involving the Needle Punch Felt Material

    Toyota stated that 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.

6. Previous NHTSA Grants of Petitions for Inconsequential Noncompliance

    Toyota noted that 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.
    In a supplemental letter dated December 12, 2016, Toyota notified 
NHTSA that Transport Canada (TC) had determined this noncompliance to 
be inconsequential. TC concluded ``there is no real or implied 
degradation to motor vehicle safety'' presented by the noncompliance 
with Canada Motor Vehicle Safety Standard (CMVSS) 302. Toyota Canada, 
Inc. stated that no further notification or remedy action is required.
    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's Decision

    NHTSA's Analysis: NHTSA has reviewed Toyota's analyses that the 
subject noncompliance is inconsequential to motor vehicle safety. NHTSA 
considered several factors specific to this petition and agrees that 
the failure of the needle punch felt material to comply with FMVSS No. 
302 is inconsequential to safety in this case:
    1. The needle punch felt material in the subject vehicles is 
covered by other materials that do comply with FMVSS No. 302 thus, the 
needle punch felt material is protected from the occupant compartment 
where it could directly come into contact with an ignition source such 
as a match or cigarette.
    2. With respect to the ignition risk associated with the seat 
heater, in the subject vehicles, NHTSA considered several factors 
before agreeing that the failure of the needle punch felt material, to 
comply with FMVSS No. 302, is inconsequential to safety. In its 
evaluation, NHTSA relied on the information Toyota provided about the 
seat heater. First, the needle punch felt material never comes into 
direct contact with the seat heater element wire; second, the wire 
design has multiple built in safety shut off components; and third, the 
heater element is designed to prevent hot-spots. These design factors 
restrict the temperature range of the seat heater element wire to 50 
[deg]C-100 [deg]C. Since this temperature restricted range is far below 
the ignition temperature of the needle punch felt material, 253 [deg]C 
as cited by Toyota, it is highly unlikely for the noncompliant material 
to become ignited by the seat heater.
    3. When the needle punch felt material is tested as a composite 
with the FMVSS No. 302 compliant materials (i.e., seat cover, cover 
pad, foam pad, seat heater, carpet, and storage bin), that cover the 
punch felt material, in accordance with the procedures of FMVSS No. 
302, the requirements for burn rate are met accordingly. Toyota 
provided composite test data representing eight worst case scenarios 
for which they collected FMVSS No. 302 test results. The test data 
provided showed the maximum burn rate was 68 mm per minute, therefore 
each of the tests performed met the burn rate requirements of 102 mm 
per minute.
    4. The noncompliant material is approximately 0.32 percent of the 
total mass of the soft material of the front seat assembly and between 
0.48 percent and 0.55 percent (less than 1 percent) of the total mass 
of the soft material of the rear seat assembly. Therefore, the 
noncompliant material represents an insignificant quantity of material 
compared to the total quantity of interior vehicle material. In 
addition, this insignificant quantity of material is covered by other 
materials, all together forming a composite material that meets the 
standard.
    5. In an email dated February 20, 2018, Toyota stated that they 
conducted a review of field information and confirmed that as of 
February 8, 2018, Toyota was still not aware of any fires, crashes, 
injuries or customer complaints involving this component in the subject 
vehicles.
    6. As Toyota mentioned, the agency has granted previous petitions 
with similar noncompliances for FMVSS No. 302.
    The agency is providing comments for:
    (i) Ford (63 FR 40780, July 30, 1998). Vehicle console armrests: In 
Ford's petition a non-compliant center console armrest ``plus pad'' was 
determined to be inconsequential to safety in that it was located under 
an exterior cover. Similarly to Toyota's petition, the needle felt 
punch material is under exterior components covering it that meet FMVSS 
No. 302 flammability requirements.
    (ii) Toyota (80 FR 4035, January 26, 2015). Vehicle seat heaters: 
The agency had concluded, the noncompliance in certain MY 2012-2014 
Toyota Camry, Avalon, Corolla, Sienna, Tundra, and Tacoma motor 
vehicles to be inconsequential to motor vehicle safety, in part, 
because the non-complying seat heaters would normally not be exposed to 
open flame or an ignition source in its installed application and 
because they were installed within and surrounded by complying 
materials that meet FMVSS No. 302.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that Toyota has met its burden of persuasion

[[Page 16436]]

that the subject FMVSS No. 302 noncompliance in the subject vehicles is 
inconsequential to motor vehicle safety. Accordingly, Toyota's petition 
is hereby granted and Toyota is consequently exempted from the 
obligation of providing notification of, and a free remedy for, that 
noncompliance under 49 U.S.C. 30118 and 30120.
    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, this decision 
only applies to the subject vehicles that Toyota no longer controlled 
at the time it determined that the noncompliance existed. However, the 
granting of 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)

Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-07826 Filed 4-13-18; 8:45 am]
 BILLING CODE 4910-59-P



                                                16432                          Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices

                                                www.regulations.gov, including any                      the following proposed collection of                  automated collection techniques or
                                                personal information provided. Anyone                   information:                                          other forms of information technology.
                                                is able to search the electronic form of                   Title: ‘‘Motorcycle Helmets                        Raymond R. Posten,
                                                all comments received into any of our                   (Labeling)’’.
                                                dockets by the name of the individual                                                                         Associate Administrator for Rulemaking.
                                                submitting the comment (or signing the                     OMB Control Number: 2127–0518.                     [FR Doc. 2018–07875 Filed 4–13–18; 8:45 am]
                                                comment, if submitted on behalf of an                      Requested Expiration Date of                       BILLING CODE 4910–59–P
                                                association, business, labor union, etc.).              Approval: Three years from the
                                                You may review DOT’s complete                           approval date.
                                                Privacy Act Statement in the Federal                                                                          DEPARTMENT OF TRANSPORTATION
                                                                                                           Type of Request: Extension of a
                                                Register published on April 11, 2000                    currently approved collection.                        National Highway Traffic Safety
                                                (65 FR 19477–78).                                                                                             Administration
                                                   Docket: For access to the docket to                     Affected Public: Businesses.
                                                read background documents or                               Summary of the Collection of                       [Docket No. NHTSA–2016–0127; Notice 2]
                                                comments received, go to http://                        Information: The National Traffic
                                                www.regulations.gov or the street                       Vehicle Safety statute at 49 U.S.C.                   Toyota Motor Engineering &
                                                address listed above. Follow the online                 Subchapter II Standards and                           Manufacturing North America, Inc.,
                                                instructions for accessing the dockets.                 Compliance, Sections 30111 and 30117,                 Grant of Petition for Decision of
                                                                                                        authorizes the issuance of Federal motor              Inconsequential Noncompliance
                                                FOR FURTHER INFORMATION CONTACT: Mr.
                                                Robert Mazurowski, U.S. Department of                   vehicle safety standards (FMVSS). The                 AGENCY: National Highway Traffic
                                                Transportation, NHTSA, 1200 New                         Secretary is authorized to issue, amend,              Safety Administration (NHTSA),
                                                Jersey Avenue SE, West Building Room                    and revoke such rules and regulations as              Department of Transportation (DOT).
                                                W43–445, NRM–130, Washington, DC                        he/she deems necessary. The Secretary                 ACTION: Grant of petition.
                                                20590. Mr. Robert Mazurowski’s                          is also authorized to require
                                                telephone number is 202–366–1012 and                    manufacturers to provide information to               SUMMARY:   Toyota Motor Engineering &
                                                fax number is 202–366–7002. Please                      first purchasers of motor vehicles or                 Manufacturing North America, Inc., on
                                                identify the relevant collection of                     motor vehicle equipment when the                      behalf of Toyota Motor Corporation
                                                information by referring to its OMB                     vehicle equipment is purchased, in the                (collectively referred to as ‘‘Toyota’’),
                                                Control Number.                                         form of printed matter placed in the                  has determined that certain model year
                                                SUPPLEMENTARY INFORMATION: Under the
                                                                                                        vehicle or attached to the motor vehicle              (MY) 2016–2017 Lexus RX350 and
                                                Paperwork Reduction Act of 1995,                        or motor vehicle equipment.                           RX450H motor vehicles do not fully
                                                before an agency submits a proposed                        Using this authority, the agency                   comply with Federal Motor Vehicle
                                                collection of information to OMB for                    issued the initial FMVSS No. 218,                     Safety Standard (FMVSS) No. 302,
                                                approval, it must first publish a                       ‘‘Motorcycle helmets,’’ in 1974.                      Flammability of Interior Materials.
                                                document in the Federal Register                        Motorcycle helmets are devices used to                Toyota filed a noncompliance
                                                providing a 60-day comment period and                   protect motorcyclists from head injury                information report dated November 3,
                                                otherwise consult with members of the                   in motor vehicle accidents. FMVSS No.                 2016. Toyota also petitioned NHTSA on
                                                public and affected agencies concerning                 218 S5.6 requires that each helmet shall              November 23, 2016, and provided a
                                                each proposed collection of information.                be labeled permanently and legibly in a               supplement to their petition on
                                                The OMB has promulgated regulations                     manner such that the label(s) can be                  December 12, 2016, for a decision that
                                                describing what must be included in                     read easily without removing padding                  the subject noncompliance is
                                                such a document. Under OMB’s                            or any other permanent part.                          inconsequential as it relates to motor
                                                regulation (at 5 CFR 1320.8(d)), an                                                                           vehicle safety.
                                                                                                           Estimated Annual Burden: 9,100
                                                agency must ask for public comment on                                                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                        hours.
                                                the following:                                                                                                Abraham Diaz, Office of Vehicle Safety
                                                   (i) Whether the proposed collection of                  NHTSA estimates that 3,250,000                     Compliance, National Highway Traffic
                                                information is necessary for the proper                 motorcycle helmets are manufactured                   Safety Administration (NHTSA),
                                                performance of the functions of the                     annually by 45 motorcycle helmet                      telephone 202–366–5310, facsimile
                                                agency, including whether the                           manufacturers. NHTSA also estimates                   202–366–5930.
                                                information will have practical utility;                that 0.0028 hours are spent per helmet                SUPPLEMENTARY INFORMATION:
                                                   (ii) The accuracy of the agency’s                    on the required labels. Therefore, the                  I. Overview: Toyota has determined
                                                estimate of the burden of the proposed                  estimated total annual burden hours for               that certain MY 2016–2017 Lexus
                                                collection of information, including the                the collection of information required                RX350 and Lexus RX450H motor
                                                validity of the methodology and                         in FMVSS No. 218 is 9,100 hours                       vehicles do not fully comply with
                                                assumptions used;                                       (= 3,250,000 × 0.0028).                               paragraph S4.2 of FMVSS No. 302,
                                                   (iii) How to enhance the quality,                       Comments are invited on: Whether                   Flammability of Interior Materials (49
                                                utility, and clarity of the information to              the proposed collection of information                CFR 571.302). Toyota filed a
                                                be collected;                                           is necessary for the proper performance               noncompliance information report
                                                   (iv) How to minimize the burden of                   of the functions of the Department,                   dated November 3, 2016, pursuant to 49
                                                the collection of information on those                  including whether the information will                CFR part 573, Defect and
                                                who are to respond, including the use                   have practical utility; the accuracy of               Noncompliance Responsibility and
srobinson on DSK3G9T082PROD with NOTICES




                                                of appropriate automated, electronic,                   the Department’s estimate of the burden               Reports. Toyota also petitioned NHTSA
                                                mechanical, or other technological                      of the proposed information collection;               on November 23, 2016, and provided a
                                                collection techniques or other forms of                 ways to enhance the quality, utility and              supplement to their petition on
                                                information technology, e.g. permitting                 clarity of the information to be                      December 12, 2016, pursuant to 49
                                                electronic submission of responses.                     collected; and ways to minimize the                   U.S.C. 30118(d) and 30120(h) and 49
                                                In compliance with these requirements,                  burden of the collection of information               CFR part 556, for an exemption from the
                                                NHTSA asks for public comments on                       on respondents, including the use of                  notification and remedy requirements of


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                                                                               Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices                                              16433

                                                49 U.S.C. chapter 301 on the basis that                 referred to as the cover subassembly.                 relevant soft material portions of the
                                                this noncompliance is inconsequential                   The needle punch felt material is used                front and rear seats as they are
                                                as it relates to motor vehicle safety.                  to attach the cover subassembly to the                assembled into the subject vehicles,
                                                  Notice of receipt of the petition was                 foam pad. Depending on the vehicle                    Toyota conducted FMVSS No. 302 burn
                                                published, with a 30-day public                         specification, the seat assembly may or               testing of the seating materials when
                                                comment period, on April 7, 2017 in the                 may not contain a seat heater, which is               assembled as a ‘‘composite.’’ Toyota
                                                Federal Register (82 FR 17076). No                      constructed of a urethane pad and                     chose locations to evaluate that were
                                                comments were received. To view the                     attached light gauge wire acting as the               judged to potentially be the least flame
                                                petition and all supporting documents                   heating element. The seat back                        resistant to be the most conservative in
                                                log onto the Federal Docket                             construction is identical to the                      determining material performance.
                                                Management System (FDMS) website at:                    construction of the seat cushion. The
                                                http://www.regulations.gov/. Then                       rear seat assembly also includes a center                Toyota determined synthetic leather
                                                follow the online search instructions to                armrest assembly that is covered with                 to be the least flame resistant surface
                                                locate docket number ‘‘NHTSA–2016–                      an armrest cover sub-assembly.                        material to test based on review of the
                                                0127.’’                                                 Depending on the vehicle’s                            material construction as well as
                                                  II. Vehicles Involved: Approximately                  specification, the armrest may or may                 ‘‘composite’’ FMVSS No. 302
                                                102,075 MY 2016–2017 Lexus RX350                        not include a storage bin inside the                  evaluations performed on the cover
                                                and Lexus RX450H motor vehicles                         center armrest. The needle punch felt is              subassembly itself. According to Toyota,
                                                manufactured between September 29,                      the only material that does not comply                natural leather made from cow skin
                                                2015 and October 21, 2016, are                          with FMVSS No. 302 requirements.                      contains collagen fibers which are a
                                                potentially involved.                                      In support of its petition, Toyota                 non-flammable material. Synthetic
                                                  III. Noncompliance: Toyota explains                   submitted the following reasoning:                    leather is constructed of flammable
                                                that the noncompliance is that the front                   1. The needle punch felt material                  urethane resin and polyester fibers
                                                and rear seat covers and rear center                    complies with FMVSS No. 302 when
                                                                                                                                                              which are treated with a flame retardant
                                                armrest assemblies, in the subject                      tested as a ‘‘composite’’ as installed in
                                                                                                                                                              to achieve flammability requirements.
                                                vehicles, were manufactured with                        the vehicle, i.e., along with the
                                                needle punch felt material that does not                surrounding FMVSS No. 302 compliant                      To identify the potentially least flame
                                                meet the burn rate requirements as                      seat cover, cover pad, foam pad, seat                 resistant ‘‘composite’’ sample locations
                                                specified in paragraphs S4.2 and S4.3 of                heater, carpet, and storage bin.                      to evaluate, Toyota did a thorough
                                                FMVSS No. 302.                                             2. Toyota testing and design review of             design review and ‘‘composite’’ testing
                                                  IV. Rule Requirements: Paragraphs                     the seat heater and its components                    of the cover assemblies according to
                                                S4.2 and S4.3(a) of FMVSS No. 302                       indicate that the chance of fire or flame             FMVSS No. 302 procedures. Toyota
                                                includes the requirements relevant to                   induced by a malfunctioning seat heater               tested the cover subassembly for the seat
                                                this petition:                                          is essentially zero.                                  back and cushions at 21 different
                                                                                                           3. The non-complying needle punch                  locations where needle punch felt is
                                                   • Any portion of a single or composite
                                                                                                        felt material would normally not be                   used. All locations met FMVSS No. 302
                                                material which is within 13 millimeters (mm)
                                                of the occupant compartment air space shall
                                                                                                        exposed to open flame or an ignition                  criteria; however, the three locations
                                                meet the requirements of paragraph S4.3.                source (like matches or cigarettes) in its            with the fastest burn rate were selected
                                                   • When tested in accordance with                     installed application, because it is                  for further testing as assembled in the
                                                paragraph S5, material described in                     installed within or completely covered
                                                                                                                                                              subject vehicles. These locations were
                                                paragraphs S4.1 and S4.2 shall not burn, nor            by complying materials that meet
                                                                                                                                                              tested under various conditions
                                                transmit a flame front across its surface, at a         FMVSs No. 302.
                                                rate of more than 102 mm per minute.                                                                          simulating open flame exposure inside
                                                                                                           4. The needle punch felt material is a
                                                   • The requirement concerning                         very small portion of the overall mass of             the vehicle. The conditions examined
                                                transmission of a flame front shall not apply           the soft material portions comprising                 included those where the top leather
                                                to a surface created by cutting a test                  the entire seat assembly and is                       and cover pad layers of the cover
                                                specimen for purposes of testing pursuant to                                                                  subassembly are torn and where the
                                                                                                        significantly less in relation to the entire
                                                paragraph S5.                                                                                                 needle punch felt is exposed to direct
                                                                                                        vehicle interior surface area that could
                                                   V. Summary of Toyota’s Petition:                     potentially be exposed to flame.                      flame. The samples were tested in their
                                                Toyota described the subject                            Therefore, it would have an                           installed condition; however, in
                                                noncompliance and stated its belief that                insignificant adverse effect on interior              locations where the seat foam is part of
                                                the noncompliance is inconsequential                    material burn rate and the potential for              the ‘‘composite,’’ only the portion
                                                as it relates to motor vehicle safety.                  occupant injury due to interior fire.                 which is within the 13 mm of the
                                                   Toyota provided the following                           5. Toyota is not aware of any data                 occupant airspace specified by the
                                                description of the construction of the                  suggesting that fires have occurred in                standard was tested. When applicable,
                                                front and rear seats related to the subject             the field due to the installation of the              the seat heater was included in the
                                                noncompliance. The front and rear seats                 non-complying needle punch felt                       ‘‘composite’’ in its ‘‘OFF’’ condition.
                                                in the subject vehicles are constructed                 material.
                                                of several layers of soft material                                                                              Toyota provided test results under
                                                                                                           6. In similar situations, NHTSA has
                                                mounted on a steel seat frame. The                      granted petitions for inconsequential                 eight different test conditions. In all test
                                                layers of soft material include a leather               noncompliance relating to FMVSS No.                   conditions, the samples exhibited burn
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                                                or synthetic leather seating surface with               302 requirements.                                     rates well within the FMVSS No. 302
                                                a cover pad laminated or laminated and                     Toyota provided details of the above               S4.3(a) requirements (i.e., no more than
                                                sewn underneath, and a needle punch                     reasoning which are described below.                  102 mm/min), therefore meeting the
                                                felt material attached to a seat cushion                                                                      FMVSS No. 302 criteria. Toyota
                                                foam pad. The leather or synthetic                      1. Composite Test Conditions                          provided the following table
                                                leather surface, the cover pad, and the                   To emulate the potential real world                 summarizing the test results.
                                                needle punch felt material together are                 conditions that could occur to the


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                                                16434                          Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices




                                                   Toyota stated that based on the test                    b. The seat heater system has a self-              induced by a malfunctioning seat heater
                                                results shown in the table above, the                   diagnosis function. At ignition ‘‘ON,’’ a             is essentially zero, and no safety risk is
                                                needle punch felt material complies                     system self-diagnosis check is                        presented.
                                                with FMVSS No. 302 when tested as a                     performed to confirm that the switch,
                                                                                                                                                              3. Exposure of the Needle Punch Felt
                                                ‘‘Composite’’ as installed in the vehicle,              which consists of a relay and an IPD
                                                                                                                                                              Material
                                                i.e., along with the surrounding FMVSS                  (Intelligent Power Device), is operating
                                                No. 302 compliant cover sub-assembly                    properly. If the diagnosis detects a fault               Toyota stated that the needle punch
                                                parts, foam pad, seat heater, or storage                in the relay and/or the IPD, the system               felt material is one of several layers of
                                                bin. Toyota stated that the non-                        would not allow the seat heater to be                 the soft material of the seats which is
                                                complying needle punch felt material                    turned on. In the unlikely event both the             used for securing components together,
                                                would not be exposed to open flame or                   relay and the IPD fail and are stuck in               improving appearance, and reducing
                                                an ignition source (like matches or                     the open position after the self-                     noise. Toyota stated that for all seating
                                                cigarettes) in its installed application,               diagnosis, each seat heater’s                         areas the needle punch felt material is
                                                because it is within or completely                      temperature is still regulated by its                 either encased between or covered by
                                                covered by complying materials that                     thermostat. Under normal design                       other materials which themselves
                                                meet FMVSS No. 302. Toyota further                      operating conditions, the thermostat                  comply with FMVSS No. 302
                                                opined that given that the purpose of                   restricts the temperature of the element              requirements.
                                                FMVSS No. 302 is to ‘‘reduce the deaths                 wire in a range of approximately 50 °C                   Toyota explained the construction of
                                                and injuries to motor vehicle occupants                 to 100 °C, depending on the specific                  the seat cover subassembly as follows:
                                                caused by vehicle fires, especially those               application. This temperature range is                In the vast majority of applications, the
                                                originating in the interior of the vehicle              far below the auto-ignition temperature               needle punch is encased by other
                                                from sources such as matches or                         of the needle punch felt, which is                    FMVSS No. 302 materials. A typical
                                                cigarettes,’’ it believes that the                      approximately 253 °C.                                 construction consists of the leather
                                                noncompliant needle punch felt                             c. The seat heater element wire used               seating surface on which an occupant
                                                material as installed in the vehicle does               in the subject vehicle is of a design                 sits. A cover pad is glued to the
                                                not present a safety risk, and the chance               which eliminates the potential for                    underside of the leather. The cover and
                                                of fire or flame propagation is                         localized ‘‘hot spots.’’ The heating                  cover pad each comply with FMVSS No.
                                                essentially zero.                                       element wire is comprised of multiple                 302. The needle punch felt is sewn to
                                                                                                        individual filaments insulated from                   the cover pad assembly, and when so
                                                2. Risk of the Seat Heater Element as an                each other by urethane coating. The                   equipped, a layer of seat heater material
                                                Ignition Source                                         filaments are connected to each other in              is attached to the underside, forming a
                                                                                                        parallel rather than in series. In the                cover sub-assembly. The seat heater
                                                   In order to evaluate any potential risk              event that one or more of the filaments               complies with FMVSS No. 302
                                                associated with the seat heater element                 are damaged, there is no change in                    requirements. The cover sub-assembly is
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                                                as an internal ignition source, Toyota                  current through the seat heater wire,                 then tightly secured over the seat
                                                stated that it conducted a design review                and therefore no increase in                          cushion pad foam or seat back pad foam
                                                and tests. Toyota provided the following                temperature.                                          to the seat structure with ‘‘hog’’ rings.
                                                findings of the review and tests:                          Given the findings from the                        The seat cushion and seat back foam
                                                   a. In all locations, the needle punch                evaluation of the seat heater and its                 each comply with FMVSS No. 302
                                                felt material never comes in direct                     components, Toyota believes that the                  requirements. When so secured, no
                                                                                                                                                                                                           EN16AP18.024</GPH>




                                                contact with a seat heater element wire.                chance of an ignition internal to the seat            portion of the needle punch felt material


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                                                                               Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices                                             16435

                                                is visible or directly exposed to the                     In a supplemental letter dated                      cover the punch felt material, in
                                                occupant compartment.                                   December 12, 2016, Toyota notified                    accordance with the procedures of
                                                   Toyota stated that as constructed, it                NHTSA that Transport Canada (TC) had                  FMVSS No. 302, the requirements for
                                                would be highly unlikely that the                       determined this noncompliance to be                   burn rate are met accordingly. Toyota
                                                needle punch felt material would ever                   inconsequential. TC concluded ‘‘there is              provided composite test data
                                                be exposed to ignition sources such as                  no real or implied degradation to motor               representing eight worst case scenarios
                                                matches or cigarettes, identified in S2 of              vehicle safety’’ presented by the                     for which they collected FMVSS No.
                                                FMVSS No. 302 as a stated purpose of                    noncompliance with Canada Motor                       302 test results. The test data provided
                                                the standard. Toyota stated that because                Vehicle Safety Standard (CMVSS) 302.                  showed the maximum burn rate was 68
                                                the needle punch felt is completely                     Toyota Canada, Inc. stated that no                    mm per minute, therefore each of the
                                                surrounded by FMVSS No. 302                             further notification or remedy action is              tests performed met the burn rate
                                                compliant material, it would be                         required.                                             requirements of 102 mm per minute.
                                                extremely unlikely that a vehicle                         Toyota concluded by expressing the                     4. The noncompliant material is
                                                occupant would ever be exposed to a                     belief that the subject noncompliance is              approximately 0.32 percent of the total
                                                risk of injury as a result of the                       inconsequential as it relates to motor                mass of the soft material of the front seat
                                                noncompliance.                                          vehicle safety, and that its petition to be           assembly and between 0.48 percent and
                                                                                                        exempted from providing notification of               0.55 percent (less than 1 percent) of the
                                                4. Proportion of the Needle Punch Felt                  the noncompliance, as required by 49                  total mass of the soft material of the rear
                                                Material Relative to the Other Soft                     U.S.C. 30118, and a remedy for the                    seat assembly. Therefore, the
                                                Material in the Seat                                    noncompliance, as required by 49                      noncompliant material represents an
                                                   According to Toyota, the needle                      U.S.C. 30120, should be granted.                      insignificant quantity of material
                                                punch felt material comprises up to                                                                           compared to the total quantity of
                                                                                                        NHTSA’s Decision
                                                approximately 0.32 percent of the total                                                                       interior vehicle material. In addition,
                                                mass of the soft material of the front seat                NHTSA’s Analysis: NHTSA has                        this insignificant quantity of material is
                                                assembly, and between 0.48 percent and                  reviewed Toyota’s analyses that the                   covered by other materials, all together
                                                0.55 percent of the total mass of the soft              subject noncompliance is                              forming a composite material that meets
                                                material of the rear seat assembly.                     inconsequential to motor vehicle safety.              the standard.
                                                Toyota noted that the needle punch felt                 NHTSA considered several factors                         5. In an email dated February 20,
                                                material is only a very small part of the               specific to this petition and agrees that             2018, Toyota stated that they conducted
                                                overall mass of the soft material                       the failure of the needle punch felt                  a review of field information and
                                                comprising the entire seat assembly and                 material to comply with FMVSS No. 302                 confirmed that as of February 8, 2018,
                                                is significantly less in relation to the                is inconsequential to safety in this case:            Toyota was still not aware of any fires,
                                                entire vehicle interior surface area that                  1. The needle punch felt material in               crashes, injuries or customer complaints
                                                could potentially be exposed to flame.                  the subject vehicles is covered by other              involving this component in the subject
                                                Toyota stated that therefore, it would                  materials that do comply with FMVSS                   vehicles.
                                                have an insignificant adverse effect on                 No. 302 thus, the needle punch felt                      6. As Toyota mentioned, the agency
                                                the interior material burn rate and the                 material is protected from the occupant               has granted previous petitions with
                                                potential for occupant injury due to                    compartment where it could directly                   similar noncompliances for FMVSS No.
                                                interior fire.                                          come into contact with an ignition                    302.
                                                                                                        source such as a match or cigarette.                     The agency is providing comments
                                                5. Field Events Involving the Needle                       2. With respect to the ignition risk               for:
                                                Punch Felt Material                                     associated with the seat heater, in the                  (i) Ford (63 FR 40780, July 30, 1998).
                                                   Toyota stated that there are no known                subject vehicles, NHTSA considered                    Vehicle console armrests: In Ford’s
                                                field events involving ignition of the                  several factors before agreeing that the              petition a non-compliant center console
                                                needle punch felt material as of                        failure of the needle punch felt material,            armrest ‘‘plus pad’’ was determined to
                                                November 22, 2016. Toyota is not aware                  to comply with FMVSS No. 302, is                      be inconsequential to safety in that it
                                                of any fires, crashes, injuries or                      inconsequential to safety. In its                     was located under an exterior cover.
                                                customer complaints involving this                      evaluation, NHTSA relied on the                       Similarly to Toyota’s petition, the
                                                component in the subject vehicles.                      information Toyota provided about the                 needle felt punch material is under
                                                                                                        seat heater. First, the needle punch felt             exterior components covering it that
                                                6. Previous NHTSA Grants of Petitions                   material never comes into direct contact              meet FMVSS No. 302 flammability
                                                for Inconsequential Noncompliance                       with the seat heater element wire;                    requirements.
                                                   Toyota noted that NHTSA has                          second, the wire design has multiple                     (ii) Toyota (80 FR 4035, January 26,
                                                previously granted at least nine FMVSS                  built in safety shut off components; and              2015). Vehicle seat heaters: The agency
                                                No. 302 petitions for inconsequential                   third, the heater element is designed to              had concluded, the noncompliance in
                                                noncompliance, one of which was for a                   prevent hot-spots. These design factors               certain MY 2012–2014 Toyota Camry,
                                                vehicle’s seat heater assemblies, one of                restrict the temperature range of the seat            Avalon, Corolla, Sienna, Tundra, and
                                                which was for a vehicle’s console                       heater element wire to 50 °C–100 °C.                  Tacoma motor vehicles to be
                                                armrest, one of which was for large                     Since this temperature restricted range               inconsequential to motor vehicle safety,
                                                truck sleeper bedding, and six of which                 is far below the ignition temperature of              in part, because the non-complying seat
                                                were for issues related to child                        the needle punch felt material, 253 °C                heaters would normally not be exposed
                                                restraints. (For a full list along with                 as cited by Toyota, it is highly unlikely             to open flame or an ignition source in
srobinson on DSK3G9T082PROD with NOTICES




                                                summaries of the petitions that Toyota                  for the noncompliant material to                      its installed application and because
                                                references please see Toyota’s petition.)               become ignited by the seat heater.                    they were installed within and
                                                   Toyota stated that they have made                       3. When the needle punch felt                      surrounded by complying materials that
                                                improvements that were implemented                      material is tested as a composite with                meet FMVSS No. 302.
                                                as of October 21, 2016, to assure that                  the FMVSS No. 302 compliant materials                    NHTSA’s Decision: In consideration
                                                any new vehicle sold by Toyota will                     (i.e., seat cover, cover pad, foam pad,               of the foregoing, NHTSA finds that
                                                meet all FMVSS No. 302 requirements.                    seat heater, carpet, and storage bin), that           Toyota has met its burden of persuasion


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                                                16436                          Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices

                                                that the subject FMVSS No. 302                          employers of the Pressroom Unions’                    Pressroom Unions’ Pension Trust Fund
                                                noncompliance in the subject vehicles is                Pension Trust Fund.                                   application.
                                                inconsequential to motor vehicle safety.                DATES: Comments must be received by                     Comments are requested from
                                                Accordingly, Toyota’s petition is hereby                May 31, 2018.                                         interested parties, including
                                                granted and Toyota is consequently                                                                            participants and beneficiaries, employee
                                                                                                        ADDRESSES: You may submit comments
                                                exempted from the obligation of                                                                               organizations, and contributing
                                                                                                        electronically through the Federal
                                                providing notification of, and a free                                                                         employers of the Pressroom Unions’
                                                                                                        eRulemaking Portal at http://
                                                remedy for, that noncompliance under                                                                          Pension Trust Fund. Consideration will
                                                                                                        www.regulations.gov, in accordance
                                                49 U.S.C. 30118 and 30120.                                                                                    be given to any comments that are
                                                                                                        with the instructions on that site.
                                                   NHTSA notes that the statutory                                                                             timely received by Treasury.
                                                                                                        Electronic submissions through
                                                provisions (49 U.S.C. 30118(d) and                                                                              Dated: April 9, 2018.
                                                                                                        www.regulations.gov are encouraged.
                                                30120(h)) that permit manufacturers to                                                                        David Kautter,
                                                                                                           Comments may also be mailed to the
                                                file petitions for a determination of
                                                                                                        Department of the Treasury, MPRA                      Assistant Secretary for Tax Policy.
                                                inconsequentiality allow NHTSA to
                                                                                                        Office, 1500 Pennsylvania Avenue NW,                  [FR Doc. 2018–07842 Filed 4–13–18; 8:45 am]
                                                exempt manufacturers only from the
                                                                                                        Room 1224, Washington, DC 20220,                      BILLING CODE 4810–25–P
                                                duties found in sections 30118 and
                                                                                                        Attn: Eric Berger. Comments sent via
                                                30120, respectively, to notify owners,
                                                                                                        facsimile and email will not be
                                                purchasers, and dealers of a defect or
                                                                                                        accepted.                                             DEPARTMENT OF VETERANS
                                                noncompliance and to remedy the
                                                                                                           Additional Instructions. All                       AFFAIRS
                                                defect or noncompliance. Therefore, this
                                                                                                        comments received, including
                                                decision only applies to the subject
                                                                                                        attachments and other supporting                      Notice of Intent To Grant an Exclusive
                                                vehicles that Toyota no longer
                                                                                                        materials, will be made available to the              License
                                                controlled at the time it determined that
                                                                                                        public. Do not include any personally
                                                the noncompliance existed. However,                                                                           AGENCY:   Department of Veterans Affairs.
                                                                                                        identifiable information (such as your
                                                the granting of this petition does not                                                                        ACTION:   Notice of intent.
                                                                                                        Social Security number, name, address,
                                                relieve vehicle distributors and dealers
                                                                                                        or other contact information) or any                  SUMMARY:   Notice is hereby given that
                                                of the prohibitions on the sale, offer for
                                                                                                        other information in your comment or                  the Department of Veterans Affairs (VA),
                                                sale, or introduction or delivery for
                                                                                                        supporting materials that you do not                  Office of Research and Development,
                                                introduction into interstate commerce of
                                                                                                        want publicly disclosed. Treasury will                Technology Transfer Program, intends
                                                the noncompliant vehicles under their
                                                                                                        make comments available for public                    to grant to Meiogen Biotechnology
                                                control after Toyota notified them that
                                                                                                        inspection and copying on                             Corporation, 20 Assembly Square Drive,
                                                the subject noncompliance existed.
                                                                                                        www.regulations.gov or upon request.                  Somerville, MA 02145, an exclusive
                                                  Authority: (49 U.S.C. 30118, 30120:                   Comments posted on the internet can be
                                                delegations of authority at 49 CFR 1.95 and                                                                   license to U.S. patent application No.
                                                                                                        retrieved by most internet search                     62/571,900 (‘‘Compositions and
                                                501.8)
                                                                                                        engines.                                              Methods of Interferon Alpha Binding
                                                Claudia W. Covell,                                      FOR FURTHER INFORMATION CONTACT:      For             Proteins’’) VA Invention Disclosure
                                                Acting Director, Office of Vehicle Safety               information regarding the application                 number 2018–010 titled, ‘‘B18R
                                                Compliance.                                             from the Pressroom Unions’ Pension                    (NormferonTM-alpha).’’ The invention
                                                [FR Doc. 2018–07826 Filed 4–13–18; 8:45 am]             Trust Fund, please contact Treasury at                provides compositions comprising of
                                                BILLING CODE 4910–59–P                                  (202) 622–1534 (not a toll-free number).              interferon-alpha binding protein (B18R)
                                                                                                        SUPPLEMENTARY INFORMATION: MPRA                       and combined anti-retroviral therapy
                                                                                                        amended the Internal Revenue Code to                  (cART) to treat HIV associated
                                                DEPARTMENT OF THE TREASURY                              permit a multiemployer plan that is                   neurogenerative disorder (HAND).
                                                                                                        projected to have insufficient funds to               Ultimately, this invention provides a
                                                Multiemployer Pension Plan                                                                                    novel therapeutic option for subjects
                                                                                                        reduce pension benefits payable to
                                                Application To Reduce Benefits                                                                                with HAND.
                                                                                                        participants and beneficiaries if certain
                                                AGENCY: Department of the Treasury.                     conditions are satisfied. In order to                 DATES: Comments must be received by
                                                ACTION:Notice of availability; Request                  reduce benefits, the plan sponsor is                  May 1, 2018.
                                                for comments.                                           required to submit an application to the              ADDRESSES: Written comments may be
                                                                                                        Secretary of the Treasury, which must                 submitted through www.regulations.gov;
                                                SUMMARY:   The Board of Trustees of the                 be approved or denied in consultation                 by mail or hand-delivery to the Director,
                                                Pressroom Unions’ Pension Trust Fund,                   with the Pension Benefit Guaranty                     Regulations Management (02REG),
                                                a multiemployer pension plan, has                       Corporation (PBGC) and the Department                 Department of Veterans Affairs, 810
                                                submitted an application to reduce                      of Labor.                                             Vermont Avenue NW, Room 1068,
                                                benefits under the plan in accordance                      On March 15, 2018, the Board of                    Washington, DC 20420; or by fax to
                                                with the Multiemployer Pension Reform                   Trustees of the Pressroom Unions’                     (202) 273–9026 (this is not a toll-free
                                                Act of 2014 (MPRA). The purpose of                      Pension Trust Fund submitted an                       number). Copies of comments received
                                                this notice is to announce that the                     application for approval to reduce                    will be available for public inspection in
                                                application submitted by the Board of                   benefits under the plan. As required by               the Office of Regulation Policy and
                                                Trustees of the Pressroom Unions’                       MPRA, that application has been                       Management, Room 1063B, between the
srobinson on DSK3G9T082PROD with NOTICES




                                                Pension Trust Fund has been published                   published on Treasury’s website at                    hours of 8:00 a.m. and 4:30 p.m.,
                                                on the website of the Department of the                 https://www.treasury.gov/services/                    Monday through Friday (except
                                                Treasury (Treasury), and to request                     Pages/Plan-Applications.aspx. Treasury                holidays). Call (202) 461–4902 for an
                                                public comments on the application                      is publishing this notice in the Federal              appointment (this is not a toll-free
                                                from interested parties, including                      Register, in consultation with PBGC and               number). In addition, during the
                                                participants and beneficiaries, employee                the Department of Labor, to solicit                   comment period, comments may be
                                                organizations, and contributing                         public comments on all aspects of the                 viewed online through the Federal


                                           VerDate Sep<11>2014   19:42 Apr 13, 2018   Jkt 244001   PO 00000   Frm 00152   Fmt 4703   Sfmt 4703   E:\FR\FM\16APN1.SGM   16APN1



Document Created: 2018-04-14 02:19:26
Document Modified: 2018-04-14 02:19:26
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
ActionGrant of petition.
ContactAbraham Diaz, Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration (NHTSA), telephone 202-366-5310, facsimile 202-366-5930.
FR Citation83 FR 16432 

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