[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Notices]
[Pages 74230-74232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23868]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0099; Notice 2]


Toyota Motor 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 North America, Inc. (Toyota) has determined that 
certain model year (MY) 2019-2020 Toyota Tundra 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 September 18, 2019. Toyota subsequently petitioned NHTSA 
on October 7, 2019, and later amended its petition on January 3, 2020, 
for a decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. This document announces the grant of 
Toyota's petition.

FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, Office of Vehicle Safety 
Compliance, the National Highway Traffic Safety Administration (NHTSA), 
telephone (202) 366-7236.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Toyota has determined that certain MY 2019--2020 
Toyota Tundra motor vehicles do not fully comply with paragraph S4.3(d) 
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 September 18, 2019, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. Toyota subsequently petitioned NHTSA on October 7, 2019, 
and later amended that petition on January 3, 2020, 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.
    Notice of receipt of Toyota's petition was published with a 30-day 
public comment period, on February 27, 2020, in the Federal Register 
(85 FR 11446). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) website at https://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2019-0099.''
    II. Vehicles Involved: Approximately 1,667 MY 2019--2020 Toyota 
Tundra motor vehicles, manufactured between March 28, 2019, and August 
19, 2019, are potentially involved.
    III. Noncompliance: Toyota explains that the noncompliance is that 
the subject vehicles have tire information labels that contain spare 
tire size information that does not match the installed spare tire 
size.
    IV. Rule Requirements: Paragraph S4.3(d) of FMVSS No. 110 includes 
the requirements relevant to this petition. Each vehicle, except for a 
trailer or incomplete vehicle, shall show the information specified in 
paragraph S4.3(d) Tire size designation, indicated by the headings 
``size'' or ``original tire size'' or ``original size,'' and ``spare 
tire'' or ``spare,'' for the tires installed at the time of the first 
purchase for purposes other than resale. For full-size spare tires, the 
statement ``see above'' may, at the manufacturer's option replace the 
tire size designation. If no spare tire is provided, the word ``none'' 
must replace the tire size designation.

[[Page 74231]]

    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 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 believes that the noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    1. Toyota states that there is no issue with the spare tire 
installed on the vehicle; it is a tire/wheel combination that is 
designed for this vehicle and meets all other applicable FMVSSs. In 
addition, the cold tire inflation pressure specified on the placard is 
correct and is the recommended pressure for both spare tire sizes.
    a. Toyota claims that the spare tire installed on the vehicle 
(P255/70R18) meets all applicable FMVSSs. Furthermore, Toyota states, 
it is the appropriate temporary spare tire that was designed for the 
vehicle and meets the vehicle loading requirements. Only the spare tire 
size information indicated on the placard is incorrect and reflects the 
size of the spare that was used on the Tundra prior to a production 
change. All the other information on the placard is accurate, including 
the cold tire inflation pressure.
    b. In addition, Toyota says that if the vehicle owner wanted to 
check the size of the spare tire that is installed on the vehicle, the 
information is in the owner's manual and is also molded into the spare 
tire sidewall.
    c. Given the intent of FMVSS No. 110, S4.3(d), Toyota believes 
that, because the spare tire installed on the vehicle is the 
appropriate tire for the vehicle performance and loading requirements, 
there is no risk to motor vehicle safety.
    2. According to Toyota, there is also no issue if the installed 
spare tire is replaced with one of the sizes indicated on the incorrect 
placard. This would also be a tire/wheel combination that is designed 
for this vehicle and would meet all other applicable FMVSSs because the 
replacement spare tire would be the same size as the spare tire 
originally equipped on the Tundra prior to the production change and 
would be the same size as the four main tires on the subject vehicles.
    a. Toyota explains that the spare tire size indicated on the 
incorrect placard was also designed for the subject vehicles and meets 
all applicable FMVSSs. This spare tire wheel combination (P275/65R18) 
is the same size as the four main tires installed on the subject 
vehicles. It was used as a spare tire on the prior model year Tundra 
and on the 2019 MY Tundra prior to the adoption of the current spare 
tire size (P255/70R18).
    b. In addition, the recommended spare tire inflation pressure and 
wheel size (R18) are the same for the subject vehicles as the prior 
model year Tundra.
    c. Because both spare tire sizes are appropriate for the vehicle 
loading specifications, were designed for the subject vehicles, meet 
all applicable FMVSSs, and the wheel size and recommended tire pressure 
are the same, Toyota believes there is no risk to occupant safety 
should a P275/65R18 tire be used in place of the one equipped on the 
vehicle.
    3. Toyota says it is unaware of any owner complaints, field 
reports, or allegations of hazardous circumstances concerning the 
incorrect spare tire placard in the subject vehicles. Toyota has 
searched its records for reports or other information concerning the 
tire placard and spare tire in the subject vehicles. No owner 
complaints, field reports, or allegations of hazardous circumstances 
concerning the placard or tire were found.
    4. Toyota says that NHTSA has previously granted at least five 
similar petitions for inconsequential noncompliance for inaccurate tire 
placards. Toyota provides a brief summary of each petition listed 
below:
    a. Daimler Chrysler Corporation, 73 FR 11462 (March 3, 2008) Dodge 
Dakota pickup trucks had the spare tire size indicated on the placard 
that did not match the size of the spare tire installed on the vehicle.
    b. Mercedes-Benz USA, LLC (MBUSA) 78 FR 43967 (July 22, 2013) 
Vehicle placard on the affected vehicles incorrectly identified the 
tire size designation of the spare tire in the vehicle.
    c. Volkswagen Group of America, Inc., 81 FR 88728 (December 8, 
2016) Subject vehicles had a tire placard label that was misprinted 
with an incorrect tire size as compared to the tires the vehicle was 
equipped with.
    d. Mercedes-Benz USA, LLC, 82 FR 5640 (January 18, 2017) The tire 
information placard affixed to the vehicles' B-pillar incorrectly 
identified the spare tire size.
    e. General Motors, LLC, 84 FR 25117 (May 30, 2019) Subject vehicles 
were equipped tire placards that stated the spare tire size is ``None'' 
when in fact it should have been ``T125/70R17'' and omitted the cold 
tire pressure for the spare tire when it should have read ``420 kPa, 60 
psi''.
    Toyota concludes 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.
    VI. NHTSA's Analysis: In determining inconsequentiality of a 
noncompliance, NHTSA focuses on the safety risk to individuals who 
experience the type of event against which a recall would otherwise 
protect.\1\ In general, NHTSA does not consider the absence of 
complaints or injuries when determining if a noncompliance is 
inconsequential to safety. The absence of complaints does not mean 
vehicle occupants have not experienced a safety issue, nor does it mean 
that there will not be safety issues in the future.\2\
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    \1\ See Gen. Motors, LLC; Grant of Petition for Decision of 
Inconsequential Noncompliance, 78 FR 35355 (June 12, 2013) (finding 
noncompliance had no effect on occupant safety because it had no 
effect on the proper operation of the occupant classification system 
and the correct deployment of an air bag); Osram Sylvania Prods. 
Inc.; Grant of Petition for Decision of Inconsequential 
Noncompliance, 78 FR 46000 (July 30, 2013) (finding occupant using 
noncompliant light source would not be exposed to significantly 
greater risk than occupant using similar compliant light source).
    \2\ See Morgan 3 Wheeler Limited; Denial of Petition for 
Decision of Inconsequential Noncompliance, 81 FR 21663, 21666 (Apr. 
12, 2016); see also United States v. Gen. Motors Corp., 565 F.2d 
754, 759 (D.C. Cir. 1977) (finding defect poses an unreasonable risk 
when it ``results in hazards as potentially dangerous as sudden 
engine fire, and where there is no dispute that at least some such 
hazards, in this case fires, can definitely be expected to occur in 
the future'').
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    The purpose of the placard requirements in paragraph 4.3(d) of 
FMVSS No. 110 is to identify the tire size designation for the tires 
installed at the time of the first purchase for purposes other than 
resale.
    As described by Toyota, due to a production change to change the 
spare tire size on vehicles equipped with a specific tire and wheel 
combination, the corresponding vehicle placard was not subsequently 
updated to reflect this change.
    The spare tire installed on the vehicle (P255/70R18) is certified 
to meet all applicable FMVSSs. It is a temporary spare tire that was 
designed for the vehicle and meets the vehicle loading requirements. 
The spare tire indicated on the incorrect placard was also designed for 
the subject vehicles and is certified to meet all applicable FMVSSs. As 
a point of fact, this spare tire wheel combination (P275/65R18) is the 
same size as the four main tires installed on the subject vehicles. 
Furthermore, the recommended tire inflation pressures and wheel sizes 
are all the same.

[[Page 74232]]

    VII. NHTSA's Decision: In consideration of the foregoing, NHTSA 
finds that Toyota has met its burden of persuasion that the subject 
FMVSS No. 110 noncompliance in the affected tires is inconsequential to 
motor vehicle safety. Accordingly, Toyota's petition is hereby granted. 
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 on 
this petition 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.)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2023-23868 Filed 10-27-23; 8:45 am]
BILLING CODE 4910-59-P