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Toyota Motor North America, Receipt of Petition for Decision of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Otto G. Matheke III Date: 19 May 2023 Subjects: American Government  , Electric Vehicles, Safety, Tires
Topics: Subaru Solterra, Toyota bZ4X |
[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32272-32274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10703]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2022-0095; Notice 1]
Toyota Motor North America, Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: Toyota Motor North America (Toyota) has determined that
certain model year (MY) 2023 Subaru Solterra and Toyota bZ4X motor
vehicles, do not fully comply with Federal Motor Vehicle Safety
Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/
Recreation Vehicle Trailer Load Carrying Capacity Information for Motor
Vehicles with a GVWR of 4,536 Kilograms (10,000 Pounds) or Less. Toyota
filed a noncompliance report dated July 29, 2022, and subsequently
petitioned NHTSA (the ``Agency'') on August 12, 2022, for a decision
that the subject noncompliance is inconsequential as it relates to
motor vehicle safety. This document announces receipt of Toyota's
petition.
DATES: Send comments on or before June 20, 2023.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and may be
submitted by any of the following methods:
Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
Comments may also be faxed to (202) 493-2251.
Comments must be written in the English language, and be no greater
than
[[Page 32273]]
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).
FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, General Engineer, NHTSA,
Office of Vehicle Safety Compliance, (202) 366-7236.
SUPPLEMENTARY INFORMATION:
I. Overview: Toyota determined that certain MY 2023 Subaru Solterra
and Toyota bZ4X motor vehicles do not fully comply with paragraph
S4.3(a) of FMVSS No. 110, Tire Selection and Rims and Motor Home/
Recreation Vehicle Trailer Load Carrying Capacity Information for Motor
Vehicles with A GVWR of 4,536 Kilograms (10,000 Pounds) or Less. (49
CFR 571.110).
Toyota filed a noncompliance report dated July 29, 2022, pursuant
to 49 CFR part 573, Defect and Noncompliance Responsibility and
Reports. Toyota petitioned NHTSA on August 12, 2022, for an exemption
from the notification and remedy requirements of 49 U.S.C. Chapter 301
on the basis that this noncompliance is inconsequential as it relates
to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h)
and 49 CFR part 556, Exemption for Inconsequential Defect or
Noncompliance.
This notice of receipt of Toyota's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
another exercise of judgment concerning the merits of the petition.
II. Vehicles Involved: Approximately 661 MY 2023 Subaru Solterra
and Toyota bZ4X motor vehicles, manufactured between March 30, 2022,
and June 3, 2022, were reported by the manufacturer.
III. Noncompliance: Toyota explains that the noncompliance is that
the subject vehicles are equipped with a tire information placard that
incorrectly identifies the vehicle weight capacity of the subject
vehicles and, therefore, do not comply with FMVSS No. 110.
Specifically, the tire information placard incorrectly states that the
vehicle weight capacity is 925 pounds when it should state that the
vehicle weight capacity is 1,045 pounds.
IV. Rule Requirements: Paragraph S4.3(a) of FMVSS No. 110 of FMVSS
No. 110 includes the requirements relevant to this petition. Paragraph
S4.3 of FMVSS No. 110 provides that each vehicle, except for a trailer
or incomplete vehicle, is required to show the vehicle weight capacity
on a placard permanently affixed to the driver's side B-pillar. In each
vehicle without a driver's side B-pillar and with two doors on the
driver's side of the vehicle opening in opposite directions, the
placard shall be affixed on the forward edge of the rear side door. If
the above locations do not permit the affixing of a placard that is
legible, visible, and prominent, the placard shall be permanently
affixed to the rear edge of the driver's side door. If this location
does not permit the affixing of a placard that is legible, visible, and
prominent, the placard shall be affixed to the inward facing surface of
the vehicle next to the driver's seating position. This information
shall be in the English language and conform in color and format, not
including the border surrounding the entire placard.
V. Summary of Toyota's Petition: The following views and arguments
presented in this section, ``V. Summary of Toyota's Petition,'' are the
views and arguments provided by Toyota. They have not been evaluated by
the Agency and do not reflect the views of the Agency. Toyota describes
the subject noncompliance and contends that the noncompliance is
inconsequential as it relates to motor vehicle safety.
Toyota explains that the tire information placard on the subject
vehicles provides a vehicle weight capacity that is lower than the
actual value. Therefore, Toyota says that vehicle owners referring to
the incorrect vehicle capacity weight stated on the tire information
placard are not at risk of overloading the subject vehicle beyond the
vehicle capacity weight. The tire information placard states that the
vehicle capacity weight for the subject vehicle is 925 pounds when it
should state that the vehicle weight capacity is 1,045 pounds. Toyota
says that if a vehicle owner loads a subject vehicle according to the
weight stated on the tire information placard, the subject vehicle
would still have an additional 120 pounds of weight capacity.
Toyota contends that NHTSA has previously stated that the ``intent
of FMVSS No. 110 is to ensure that vehicles are equipped with tires
appropriate to handle maximum vehicle loads and prevent overloading''
\1\ and FMVSS No. 110 states that the purpose of the requirements for
tire selection are to ``prevent tire overloading.'' \2\
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\1\ See, e.g., Volkswagen Group of America, Inc., Grant of
Petition for Decision of Inconsequential Noncompliance, 81 FR 88728,
88729 (December 8, 2016)
\2\ See 49 CFR 571.110, paragraph S1.
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Because the tire information placard contains a vehicle weight
capacity that is lower than the actual weight capacity, Toyota says
there is no risk of overloading if the vehicle owner loads the subject
vehicle according to the incorrect value. Toyota adds that all other
information on the tire information placard is accurate, and Toyota has
corrected the subject noncompliance in current production of the
subject vehicles.
Furthermore, Toyota says that the Owner's Manual states the correct
vehicle capacity weight, and the tire information placard contains the
text ``See Owner's Manual for additional information.''
Toyota says that NHTSA previously granted a petition submitted by
Mercedes-Benz USA, LLC, (MBUSA) that involved a similar
noncompliance.\3\ In that case, the affected vehicles were affixed with
a tire information placard that contained the incorrect maximum
combined weight of occupants and cargo and, therefore, did not comply
with the requirements of paragraph S4.3(a) of FMVSS No. 110. The tire
information placard in the MBUSA vehicles contained a higher than
intended value for the maximum combined weight of occupants and
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cargo; however, the tires and load carrying capabilities of the
affected MBUSA vehicles exceeded the incorrect value identified by the
tire information placard. Toyota says that NHTSA found that the tire
capacities of those vehicles were capable of safely handling the
additional weight of the higher vehicle weight capacity that was
provided without risk of overloading.
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\3\ Mercedes-Benz USA, LLC, (82 FR 33547, July 20, 2017).
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Toyota contends that NHTSA should similarly find that the subject
noncompliance is inconsequential to motor vehicle safety because the
tire information placard on the subject vehicles provides a vehicle
weight capacity that is lower than intended. Due to this, Toyota
believes that the subject noncompliance does not pose a risk of vehicle
overloading because the vehicle and its tires can accommodate more than
the incorrect vehicle capacity weight that is stated on the tire
information placard.
Toyota concludes by stating its belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and 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
vehicles 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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2023-10703 Filed 5-18-23; 8:45 am]
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