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Toyota Motor North America, Inc., Receipt of Petitions for Decision of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Otto G. Matheke III Date: 31 January 2022 Subjects: American Government  , Safety
Topic: Toyota |
[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Pages 4993-4995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01827]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0040; Notice 1]
Toyota Motor North America, Inc., Receipt of Petitions for
Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petitions.
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SUMMARY: Toyota Motor North America, Inc. (TMNA) on behalf of Toyota
Motor Corporation (TMC) (collectively referred to as ``Toyota'') has
determined that certain replacement seat belt assemblies manufactured
by Marutaka, Tokai Rika Japan, Autoliv, NSK, Joyson Safety Systems
Acquisition, TRQSS, Key Safety Restraint Systems, Inc., Tokai Rika
Czech, BMW Group Headquarters, Subaru Corporation, and Mazda North
America Operations, and sold to Toyota dealerships as replacement
equipment do not fully comply with Federal Motor Vehicle Safety
Standard (FMVSS) No. 209, Seat Belt Assemblies. Toyota filed three
noncompliance reports, two dated April 20, 2021, and the other dated
May 4, 2021. Toyota subsequently submitted two petitions to NHTSA both
dated May 14, 2021, for a decision that the subject noncompliances are
inconsequential as they relate to motor vehicle safety. This notice
announces receipt of Toyota's petitions.
DATES: Send comments on or before March 2, 2022.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
Comments may also be faxed to (202) 493-2251.
Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petitions are granted or denied, notice of the decisions
will also be published in the Federal Register pursuant to the
authority indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the docket. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).
FOR FURTHER INFORMATION CONTACT: Jack Chern, Office of Vehicle Safety
Compliance, the National Highway Traffic Safety Administration (NHTSA),
telephone (202) 366-0661.
SUPPLEMENTARY INFORMATION:
I. Overview
Toyota has determined that certain replacement seat belt assemblies
manufactured by Marutaka, Tokai Rika Japan, Autoliv, NSK, Joyson Safety
Systems Acquisition, TRQSS, Key Safety Restraint Systems, Inc., Tokai
Rika Czech, BMW Group Headquarters, Subaru Corporation, and Mazda North
America Operations, and sold to Toyota dealerships as replacement
equipment do not fully comply with the requirements of paragraph
S4.1(k) and (l) of FMVSS No. 209, Seat Belt Assemblies (49 CFR
571.209). Toyota filed three noncompliance reports, two dated April 20,
2021, and the other dated May 4, 2021, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. Toyota
subsequently submitted two petitions to NHTSA both dated May 14, 2021,
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential as it relates to motor vehicle safety, pursuant to 49
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for
Inconsequential Defect or Noncompliance.
This notice of receipt of Toyota's petitions is published under 49
U.S.C. 30118 and 30120 and does not represent any Agency decision or
other exercise of judgment concerning the merits of the petition.
II. Equipment Involved
Potentially involved seat belt assemblies are as follows:
1. Approximately 33,000 replacement seat belt assemblies
manufactured by Marutaka and Tokai Rika Japan between November 1, 1995,
and February 28, 2021;
2. approximately 1,400,000 replacement seat belt assemblies
manufactured by Marutaka, Tokai Rika Japan, Autoliv, NSK, Joyson Safety
Systems Acquisition, TRQSS, Key Safety Restraint Systems, Inc., and
Tokai Rika Czech between October 1, 1994, and February 28, 2021; and
3. approximately 6,160 replacement seat belt assemblies
manufactured by BMW Group Headquarters, Subaru Corporation, Mazda North
America Operations between March 1, 2012, and April 30, 2021.
III. Noncompliance
Toyota explains that the noncompliance involves replacement seat
belt assemblies manufactured by Marutaka, Tokai Rika Japan, Autoliv,
NSK, Joyson Safety Systems
[[Page 4994]]
Acquisition, TRQSS, Key Safety Restraint Systems, Inc., Tokai Rika
Czech, BMW Group Headquarters, Subaru Corporation, and Mazda North
America Operations, and sourced to Toyota dealerships for use or
subsequent resale to dealership customers as replacement equipment do
not fully comply with all applicable requirements specified in
paragraph S4.1(k) and (l) of FMVSS No. 209.
Specifically, the items of noncompliant equipment involved are:
(1) Certain replacement seat belt assemblies, manufactured by
Marutaka and Tokai Rika Japan, were packaged with an instruction sheet
that was missing the following required statement: ``This seat belt
assembly is for use only in [insert specific seating position(s), e.g.,
``front right''] in [insert specific vehicle make(s) and model(s)],''
or packaged with an instruction sheet that specified the wrong seating
position;
(2) certain replacement seat belt assemblies, manufactured by
Marutaka, Tokai Rika Japan, Autoliv, NSK, Joyson Safety Systems
Acquisition, TRQSS, Key Safety Restraint Systems, Inc., and Tokai Rika
Czech, were packaged with an instruction sheet that was missing the
aforementioned seating position(s) statement; and
(3) certain replacement seat belt assemblies, manufactured by BMW
Group Headquarters, Subaru Corporation, and Mazda North America
Operations, were packaged with an instruction sheet that was also
missing the required seating position(s) statement, or packaged without
the required usage and maintenance instructions.
IV. Rule Requirements
Paragraphs S4.1(k) and (l) of FMVSS No. 209 include the
requirements relevant to this petition. Paragraph S4.1(k) requires that
a seat belt assembly, other than a seat belt assembly installed in a
motor vehicle by an automobile manufacturer, shall be accompanied by an
instruction sheet providing sufficient information for installing the
assembly in a motor vehicle. If the assembly is for use only in
specifically stated motor vehicles, the assembly shall either be
permanently and legibly marked or labeled with the following statement,
or the instruction sheet shall include the following statement:
This seat belt assembly is for use only in [insert specific seating
position(s), e.g., ``front right''] in [insert specific vehicle make(s)
and model(s)].
Paragraph S4.1(l) requires that a seat belt assembly or retractor
shall be accompanied by written instructions for the proper use of the
assembly, stressing particularly the importance of wearing the assembly
snugly and properly located on the body, and on the maintenance of the
assembly and periodic inspection of all components.
V. Summary of Toyota's Petition
The following views and arguments presented in this section, ``V.
Summary of Toyota's Petition,'' are the views and arguments provided by
Toyota. They have not been evaluated by the Agency and do not reflect
the views of the Agency. Toyota described the subject noncompliance and
stated their belief that the noncompliance is inconsequential as it
relates to motor vehicle safety.
In support of its petition, Toyota submitted the following
reasoning:
1. The subject seat belt assemblies were sold only by Toyota
dealerships. Due to the dealerships' replacement parts ordering system
and the parts packaging, improper replacement seat belt assembly
selection would not likely occur.
Toyota states that it is unlikely that the subject replacement seat
belt assemblies would be selected for an incorrect model and seating
position as a result of this issue. The subject assemblies were only
sold by Toyota dealerships. The parts ordering system clearly indicates
the part and enables identification of the appropriate model vehicle
and seating position for which the assembly is intended to be
installed. When selecting a replacement part, the dealerships can
search by Vehicle Identification Number, part number, and vehicle
model. They can also see a diagram of the part location via the
Electronic Parts Catalog. In addition, the part can be identified by
the label on the packaging and the old part can be compared to the new
part. The label on the packaging in which the replacement seat belt is
packaged specifies the part number and part description.
Toyota says that because of the Toyota dealerships' robust part
ordering system and the additional label on the packaging, it is
unlikely that an incorrect seat belt would be provided or used as a
replacement part. The missing instruction sheet, missing seating
position, or incorrect seat position on the instruction sheet has no
effect on a dealership's ability to provide the correct replacement
part ordered or on the installer's ability to correctly identify the
appropriate replacement part.
2. The improper installation of the seat belt assembly is unlikely.
Dealership technicians and third-party installers can access Toyota's
electronic repair manual and other aftermarket manuals and the subject
assemblies themselves have characteristics that discourage incorrect
installation.
Toyota contends that it is unlikely that an improper installation
of a replacement seat belt would occur as a result of a missing
instruction sheet or an instruction sheet that does not indicate the
specific seating position information.
First, after identifying that the part does not have an
installation instruction sheet, does not specify the specific seating
position, or specifies the wrong seating position for which the part
was purchased, the installer could return the part to the dealer,
request the installation instruction from the dealer, or consult other
sources of installation instructions that are readily available.
Technicians at Toyota dealerships have access to Toyota's electronic
repair manual. Third-party installers have access to various
aftermarket repair manuals and can obtain access to Toyota's electronic
repair manual. The installer can also request a copy of the
installation instructions from Toyota, and the instructions would be
provided free of charge.
Second, the subject assemblies themselves have characteristics that
discourage incorrect installation. These characteristics include the
appearance being visually different, an inability to connect the wire
harness, the warning indicator becoming illuminated, or the seat belt
being unable to buckle. Because the subject seat belts are not
universal type seat belts, they are intended to be used to replace
specific seat belts in specific seating positions. It is unlikely that
these replacement assemblies would be installed incorrectly.
Third, the torque value for structurally mounting the seat belt
assemblies is a standard value and is correct regardless of which
instruction sheet is used (42Nm). Because these torque values are
common, even if the technician uses the torque values from the
incorrect installation instruction sheet, the torque value will still
be correct.
For these reasons, Toyota believes it is unlikely that the subject
seat belt assemblies would be improperly installed.
Toyota notes that the investigation leading to the submission of
the part 573 reports subject of this petition was prompted by a report
from a dealer technician who found a seat belt assembly with an
incorrect instruction sheet. While records covering the entire scope of
the seat belt assemblies
[[Page 4995]]
involved are not available, Toyota believes this to be the only report
of an instruction sheet concern. This further tends to confirm that
improper installation of a seat belt assembly is unlikely as a result
of the missing installation information, and dealer technicians or
third-party installers are able to easily obtain the installation
information, if needed, from the other sources noted above free of
charge.
3. The replacement seat belt assemblies are intended to replace the
original equipment seat belts. The owner's manual for each vehicle
contains the seat belt usage and maintenance instructions.
Toyota states that it is unlikely that improper use or maintenance
of a replacement seat belt would occur because of the missing usage and
maintenance instructions. The affected seat belt assemblies are
designed to replace the originally equipped seat belts in specific
Toyota vehicles. All of the vehicle models for which these replacement
seat assemblies were designed were originally equipped with an owner's
manual that contains usage and maintenance instructions for these seat
belt assemblies. Thus, the vehicle owner has access to the usage and
maintenance instructions and would not need to refer to the instruction
sheet for this information. In addition, the seat belts packaged with
sheets that are only missing the specific seating position information
have the correct usage and maintenance instructions.
4. The seat belts comply with all other requirements of FMVSS No.
209.
Toyota says the lack of information on the instruction sheets has
no bearing on the materials or performance of the replacement seat belt
assembly itself. Thus, the assemblies continue to meet the other
performance requirements specified in FMVSS No. 209. There is no impact
to performance, functionality, or occupant safety.
5. In similar situations, NHTSA has granted petitions for
inconsequential noncompliance relating to the subject requirement of
FMVSS No. 209.
Toyota states that NHTSA has previously granted at least seven
similar inconsequentiality petitions for noncompliances that it
contends are similar to the subject noncompliance. These include: FCA
US LLC (84 FR 20948, May 3, 2019); Mitsubishi Motors North America,
Inc., (77 FR 24762, April 25, 2012); Bentley Motors, Inc. (76 FR 58343,
September 20, 2011); Hyundai Motor Company (74 FR 9125, March 2, 2009);
Ford Motor Company, (73 FR 11462, March 3, 2008); Mazda North American
Operations (73 FR 11464, March 3, 2008); and Subaru of America, Inc.
(65 FR 67471, November 9, 2000).
In these cases, Toyota argues, NHTSA determined that the
noncompliance was inconsequential to motor vehicle safety for reasons
that included the following: (1) The dealer ordering system would make
it unlikely that an inappropriate seat belt assembly would be sold for
a specific seating position; (2) installers would be able to locate
installation instructions from other sources; (3) the usage and
maintenance instructions are available in the vehicles owner's manual;
and (4) the seat belts are intended to be replacement parts for
original equipment designed for specific seating positions. These
reasons also apply to the subject Toyota replacement seat belt
assemblies.
Toyota's complete petition and all supporting documents are
available by logging onto the Federal Docket Management System (FDMS)
website at https://www.regulations.gov and by following the online
search instructions to locate the docket number as listed in the title
of this notice.
Toyota concluded that the subject noncompliance is inconsequential
as it relates to motor vehicle safety and that its petition to be
exempted from providing notification of the noncompliance, as required
by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by
49 U.S.C. 30120, should be granted.
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the equipment that Toyota no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve equipment
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant replacement seat belt assemblies under
their control after Toyota notified them that the subject noncompliance
existed.
(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)
Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-01827 Filed 1-28-22; 8:45 am]
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