Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Notices 4035 

Standard No. 210 Seat Belt Assembly 

Anchorages: Replacement of anchorages 

as part of the driver’s seating system 

installed to meet the requirements of 

FMVSS Nos. 207 and 208. The 

petitioner submitted test reports 

intended to indicate compliance with 

the standard after these modifications 

are performed. 

Standard No. 217 Bus Emergency 

Exits and Window Retention and 

Release: Installation of a compliant 

emergency escape hatch and emergency 

escape windows in a manner consistent 

with the requirements of this standard. 

Test reports were submitted meant to 

indicate that compliance with the 

standard can be achieved after these 

modifications are performed. 

Standard No. 302 Flammability of 

Interior Materials: Inspection of each 

vehicle and removal and replacement of 

all interior components that do not 

conform to the requirements of this 

standard. Test reports meant to indicate 

compliance were submitted for interior 

materials present on the petition 

vehicle. 

The petitioner additionally states that 

a certification label must be affixed to 

meet the requirements of 49 CFR part 

567. 

All comments received before the 

close of business on the closing date 

indicated above will be considered, and 

will be available for examination in the 

docket at the above addresses both 

before and after that date. To the extent 

possible, comments filed after the 

closing date will also be considered. 

Notice of final action on the petition 

will be published in the Federal 

Register pursuant to the authority 

indicated below. 

Authority: 49 U.S.C. 30141(a)(1)(A) and 

(b)(1); 49 CFR 593.8; delegations of authority 

at 49 CFR 1.50 and 501.8. 

Jeffrey M. Giuseppe, 

Acting Director, Office of Vehicle Safety 

Compliance. 

[FR Doc. 2015–01203 Filed 1–23–15; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2014–0028; 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. 

SUMMARY: Toyota Motor Engineering & 

Manufacturing North America, Inc., on 

behalf of Toyota Motor Corporation and 

certain Toyota manufacturing entities 

(collectively referred to as ‘‘Toyota’’) 

have determined that specific model 

year (MY) 2013–2014 Toyota vehicles 

do not fully comply with paragraph S4 

of Federal Motor Vehicle Safety 

Standard (FMVSS) No. 302, 

Flammability of Interior Materials. 

Toyota has filed an appropriate report 

dated January 29, 2014 as amended on 

February 20, 2014 pursuant to 49 CFR 

part 573, Defect and Noncompliance 

Responsibility and Reports. 

ADDRESSES: For further information on 

this decision contact Michael Cole, 

Office of Vehicle Safety Compliance, 

National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–2334, facsimile (202) 366– 

5930. 

SUPPLEMENTARY INFORMATION: 

I. Toyota’s Petition: Pursuant to 49 

U.S.C. 30118(d) and 30120(h) and the 

rule implementing those provisions at 

49 CFR part 556, Toyota has petitioned 

for an exemption from the notification 

and remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential to 

motor vehicle safety. 

Notice of receipt of Toyota’s petition 

was published, with a 30-Day public 

comment period, on March 11, 2014 in 

the Federal Register (FR 13733). No 

comments were received. To view the 

petition and all supporting documents 

log onto the Federal Docket 

Management System (FDMS) Web site 

at: http://www.regulations.gov/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2014– 

0028.’’ 

II. Vehicles Involved: Affected are 

approximately 206,271 MY 2012–14 

Camry, Avalon, Corolla, Sienna, 

Tundra, and Tacoma model Toyota 

vehicles. Refer to the amended report 

that Toyota filed pursuant to 49 CFR 

part 573, Defect and Noncompliance 

Responsibility and Reports that Toyota 

included as attachment to its petition 

for identification of the associated 

Toyota manufacturing entities as well as 

additional details about the vehicles 

involved. 

III. Noncompliance: Toyota explains 

that the noncompliance is that the front 

and rear seat cushions and front and 

rear seat backs in the subject vehicles 

fail to fully meet the requirements of 

paragraph S4 of FMVSS No. 302 

because seat cushion and seat back 

components, when tested separately, 

failed to meet the burn rate 

requirements of paragraph S4.3. Toyota 

identified the noncompliant 

components as seat heater assemblies. 

Toyota also states that all other 

components of the seat required to meet 

FMVSS No. 302 are in compliance with 

the standard. 

IV. Rule Text: Paragraph S4 of FMVSS 

No. 302 requires in pertinent part: 

S4.1 The portions described in S4.2 of the 

following components of vehicle occupant 

compartments shall meet the requirements of 

S4.3: seat cushions, seat backs, seat belts, 

headlining, convertible tops, arm rests, all 

trim panels including door, front, rear, and 

side panels, compartment shelves, head 

restraints, floor coverings, sun visors, 

curtains, shades, wheel housing covers, 

engine compartment covers, mattress covers, 

and any other interior materials, including 

padding and crash-deployed elements, that 

are designed to absorb energy on contact by 

occupants in the event of a crash . . . 

S4.2 Any portion of a single or composite 

material which is within 13 mm of the 

occupant compartment air space shall meet 

the requirements of S4.3. 

S4.2.1 Any material that does not adhere 

to other material(s) at every point of contact 

shall meet the requirements of S4.3 when 

tested separately . . . 

S4.3 (a) When tested in accordance with 

S5, material described in 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 

S5. 

(b) If a material stops burning before it has 

burned for 60 seconds from the start of 

timing, and has not burned more than 51 mm 

from the point where the timing was started, 

it shall be considered to meet the burn-rate 

requirement of S4.3(a). 

V. Summary of Toyota’s Analyses: 

Toyota stated its belief that the subject 

noncompliance is inconsequential to 

motor vehicle safety for the following 

reasons: 

1. Toyota believes that its testing 

shows that the seat heater assemblies 

comply 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, plus pad, and foam pad. 

2. Toyota believes that its testing and 

design review of the seat heater 

assemblies indicates that the chance of 

fire or flame induced by a 

malfunctioning seat heater is essentially 

zero. 

3. Toyota believes 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 


emcdonald on DSK67QTVN1PROD with NOTICES
4036 Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Notices 

1Paragraph S2 of FMVSS No. 302 Flammability 

of Interior Materials. 

2 Docket ID: NHTSA–2014–0028–0003. 

as matches or cigarettes.1’’ The 

noncompliant seat heater assemblies 

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 and surrounded by complying 

materials that meet FMVSS No. 302. 

4. The seat heater assembly is a very 

small portion of the overall mass of the 

soft material portions comprising the 

entire seat assembly (i.e. less than 1%), 

and is significantly less in relation to 

the entire vehicle interior surface area 

that could potentially be exposed to 

flame. Therefore, Toyota believes that 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 seat heater assemblies. 

6. Toyota also expressed its belief that 

in similar situations NHTSA has granted 

petitions for inconsequential 

noncompliance relating to FMVSS No. 

302 requirements. 

Toyota additionally informed NHTSA 

that it has corrected the noncompliance 

so that all future production vehicles 

will comply with FMVSS No. 302. 

Toyota also provided Transport 

Canada’s October 1, 2014, grant letter to 

exempt it from conducting a recall and 

remedy campaign for the identical issue 

for vehicles that were sold in Canada.2

In summation, Toyota believes that 

the described noncompliance of the 

subject vehicles is inconsequential to 

motor vehicle safety, and that its 

petition, to exempt Toyota from 

providing recall notification of 

noncompliance as required by 49 U.S.C. 

30118 and remedying the recall 

noncompliance as required by 49 U.S.C. 

30120 should be granted. 

NHTSA Decision 

NHTSA Analysis: NHTSA has 

reviewed and accepts Toyota’s analyses 

that the subject noncompliance is 

inconsequential to motor vehicle safety. 

Specifically, the fact that the front and 

rear seat cushions and front and rear 

seat backs in the subject vehicles fail to 

meet the burn rates requirement, poses 

little if any risk to motor vehicle safety. 

NHTSA’s greatest concern was that as 

a seat heater, the device itself is the 

most likely ignition source. However, 

Toyota stated that it is not aware of any 

data suggesting that vehicle fires have 

occurred in the field due to the noncomplying seat heaters. NHTSA 

searched its complaints database from 

the year 2000 to current and also found 

no complaints concerning the subject 

vehicles. We did find four Toyota seat 

heater complaints concerning older 

vehicles (three Toyota Sienna’s model 

years 2006 and two 2004’s and a 2007 

Toyota Camry). While these complaints 

appear to show that seat heaters can be 

potential ignition sources, the hazard 

does not appear to be widespread or an 

issue with the subject vehicles. Toyota 

also conducted various testing to show 

that the seat heater element would not 

act as an ignition source when 

overdriven electrically, nor would it 

accommodate a flame rate beyond what 

is permitted by FMVSS No. 302 when 

exposed directly to an open flame in the 

installed condition (as a composite). 

Toyota also demonstrated that the seat 

heater is a very small portion of the 

overall mass of the seat assembly and 

that NHTSA has granted prior 

inconsequentiality petitions for similar 

issues. 

Based on its review of Toyota’s 

submission, the agency has concluded 

that the ‘‘seat heaters’’ in the 

noncompliant vehicles are unlikely to 

pose a flammability risk. This 

conclusion is consistent with Transport 

Canada’s review of the identical issue. 

NHTSA’s evaluation of the 

consequentiality of this noncompliance 

should not be interpreted as a 

diminution of the agency’s safety 

concern for the flammability of interior 

materials. Rather, it represents NHTSA’s 

assessment of the gravity of this specific 

noncompliance based upon the likely 

consequences. Ultimately, the issue is 

whether this particular noncompliance 

is likely to create a risk to safety. 

NHTSA is not aware of any occupant 

injuries regarding these seat heaters. 

Based on the foregoing, NHTSA has 

decided that Toyota has met its burden 

of persuasion that the noncompliance 

herein described is inconsequential to 

motor vehicle safety. 

To avoid confusion, NHTSA would 

like to note that an existing NHTSA 

safety recall campaign involving 

approximately 3,233 Toyota vehicles is 

unaffected by this inconsequential 

noncompliance decision. That safety 

recall campaign is being conducted by 

an independent motor vehicle 

distributor that modified Toyota 

vehicles with defective aftermarket seat 

heaters that can malfunction and burn 

holes in the seating materials. For more 

information refer to NHTSA Recall ID 

Number 14V–743 at: http://

www.safercar.gov. 

NHTSA Decision: In consideration of 

the foregoing, NHTSA has decided that 

Toyota has met its burden of persuasion 

that the FMVSS No. 302 noncompliance 

is inconsequential to motor vehicle 

safety. Accordingly, Toyota’s petition is 

hereby granted and Toyota is exempted 

from the obligation of providing 

notification of, and a 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, 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, the granting of this 

petition does not relieve Toyota 

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. 

Jeffrey M. Giuseppe, 

Acting Director, Office of Vehicle Safety 

Compliance. 

[FR Doc. 2015–01204 Filed 1–23–15; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

January 21, 2015. 

AGENCY: Department of the Treasury. 

ACTION: Notice. 

SUMMARY: The Department of the 

Treasury will submit the following 

information collection request to the 

Office of Management and Budget 

(OMB) for review and clearance in 

accordance with the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, on or after the date of publication of 

this notice. 

DATES: Comments should be received on 

or before February 25, 2015 to be 

assured of consideration. 

ADDRESSES: Send comments regarding 

the burden estimate, or any other aspect 

of the information collection, including 

suggestions for reducing the burden, to 


emcdonald on DSK67QTVN1PROD with NOTICES