[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Notices]
[Pages 415-416]
[FR Doc No: 2019-28372]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0098; Notice 1]

Toyota Motor North America, Inc., Receipt of Petition for
Decision of Inconsequential Noncompliance

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

ACTION: Receipt of petition.

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SUMMARY: Toyota Motor North America, Inc., (Toyota) has determined that
certain model year (MY) 2019 Toyota Tacoma motor vehicles do not fully
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 209, Seat
Belt Assemblies. Toyota filed a noncompliance report dated September 5,
2019. Toyota subsequently petitioned NHTSA on September 27, 2019 for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This notice announces receipt of
Toyota's petition.

DATES: Send comments on or before February 3, 2020.

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<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Toyota has determined that certain MY 2019 Toyota
Tacoma Double Cab motor vehicles do not fully comply with paragraph
S4.1 of FMVSS No. 209, Seat Belt Assemblies (49 CFR 571.209). Toyota
filed a noncompliance report dated September 5, 2019 pursuant to 49 CFR
part 573, Defect and Noncompliance Responsibility and Reports. Toyota
subsequently petitioned NHTSA on September 27, 2019 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
other exercises of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 70 MY 2019 Toyota Tacoma
Double Cab motor vehicles, manufactured between July 25, 2019 and July
30, 2019, are potentially involved.
    III. Noncompliance: Toyota explains that the noncompliance is that
the subject vehicles are missing seat belt labels on the rear center
seat belt assemblies and therefore, do not meet the requirements set
forth in paragraph S4.1 of FMVSS No. 209. Specifically, the label which
is sewn to the rear center seat belt may have been mistakenly removed
while scanning the code on the label.
    IV. Rule Requirements: Paragraph S4.1(j) of FMVSS No. 209 includes
the requirements relevant to this petition. Each seat belt assembly
shall be permanently and legibly marked or labeled with the year of
manufacture, model, and name or trademark of manufacturer or
distributor, or of importer if manufactured outside the United States.
    V. Summary of Toyota's Petition: The following views and arguments
presented in this section 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 its belief
that the noncompliance is inconsequential as it relates to motor
vehicle safety.
    Toyota submitted the following views and arguments in support of
the petition:
    1. The noncompliant seat belt assemblies were properly installed,
and due to Toyota's replacement parts ordering systems, improper
replacement seat belt assembly selection and installation would not be
likely to occur:
    Toyota stated that the primary purpose of the seat belt label
required by S4.1(j) of FMVSS No. 209 is to identify the seat belt in
the event it needs to be replaced. Toyota contends that there are other
means to identify the seat belt without looking at the label, and these
methods are equally effective in identifying the correct seat belt to
install in a vehicle in the event a replacement is needed.
    According to Toyota, all the noncomplying seat belts were installed
as original equipment in the subject vehicles and are unique to the
Tacoma rear center seat; they cannot be properly installed in any other
Tacoma seating positions and are not used on any other Toyota or Lexus
models (Service replacement parts are not affected and contain required
labels). Toyota also states that manufacturing processes and the unique
properties of this center rear belt assembly matches the correct rear
center seat belt with the rear seat that is tied to a specific VIN.
Toyota states this

assures that an incorrect seat belt will not be installed in a vehicle
during its assembly. If a seat belt replacement is needed, the service
parts system would also preclude the purchase and installation of an
improper replacement seat belt assembly. Toyota's petition contends
that seat belt assembly service parts are ordered through the Toyota
authorized dealership system using the seat belt assembly part number
or the VIN and that replacement parts for the subject seat belt
assemblies are not distributed through the general automotive
aftermarket; they are only sold by Toyota dealers. Toyota also states
that the seat belt retractor also has a separate label with the
supplier part number which can further help identify the seat belt
during replacement.
    The Toyota petition further states that when a purchaser orders a
seat belt replacement part, the installation instruction, usage, and
maintenance instructions are included in the service parts packaging
and clearly identifies that the seat belt is for a Toyota Tacoma and
identifies the seat belt installation location. According to Toyota,
these instructions comply with paragraph S4.1(k) of FMVSS No. 209.
    Given the purpose of paragraph S4.1(j) of FMVSS No. 209 Toyota
believes there are alternative methods as noted above that can be used
to identify seat belts if they need to be replaced.
    Therefore, Toyota states that the noncompliant seat belts as
installed in the vehicle do not present a safety risk, and the chance
of an incorrect seat belt being installed in a vehicle is essentially
zero.
    2. In the event of a recall the seat belt installed in each vehicle
can be identified based on the VIN:
    Another purpose of the labeling requirement in the standard is to
allow for easier identification of a seat belt in the event a safety
recall is initiated. Toyota states that traceability in the Toyota
production system ensures the seat belts can be easily identified
without the label specified in paragraph S4.1(j) of FMVSS No. 209.
    Toyota again stated that each seat section and the center rear seat
belt has a label with a code which is scanned into the seat supplier's
system and tied to the VIN for traceability. In the event of a safety
recall for this part, Toyota believes the VIN is a sufficient means of
identifying the potentially affected vehicles. Therefore, Toyota states
the absence of the label specified in the standard poses no risk to
motor vehicle safety.
    3. The seat belt complies with all other requirements of FMVSS No.
209:
    The noncomplying seat belt assemblies may lack the required marking
or labeling, but Toyota states all the seat belt assemblies meet all
other requirements of the standard. According to Toyota, there is no
impact to performance, functionality, or occupant safety.
    4. Toyota is unaware of any owner complaints, field reports, or
allegations of hazardous circumstances concerning missing seat belt
labels in the subject vehicles:
    Toyota has searched its records for reports or other information
concerning the rear center seat belts in the subject vehicles. No owner
complaints, field reports, or allegations of hazardous circumstances
concerning missing seat belt labels were found.
    5. Toyota believes NHTSA has granted similar petitions for
inconsequential noncompliance:
    Toyota cited four FMVSS No. 209 petitions for inconsequential
noncompliance related to seat belt assemblies:

 Chrysler Corporation, 57 FR 45865 (October 5, 1992)
 TRW Inc., 58 FR 7171 (February 4, 1993)
 Bombardier Motor Corporation of America, 65 FR 60238 (October
10, 2000)
 Oreion, 80 FR 5616 (November 21, 2014)

    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that Toyota no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after Toyota
notified them that the subject noncompliance existed.

    Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-28372 Filed 1-2-20; 8:45 am]
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