[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

[[Page 32274]]

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]
BILLING CODE 4910-59-P


