[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Notices]
[Pages 41476-41477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14109]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21859; Notice 1]


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

    Toyota Motor North America (Toyota) has determined that certain 
model year 2003 through 2005 vehicles that it produced do not comply 
with S5(c)(2) of 49 CFR 571.225, Federal Motor Vehicle Safety Standard 
(FMVSS) No. 225, ``Child restraint anchorage systems.'' Toyota has 
filed an appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), 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.
    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 exercise of judgment concerning the merits of the petition.
    Affected are a total of approximately 156,555 model year 2003 to 
2005 Toyota Tundra access cab vehicles produced between September 1, 
2002 and April 22, 2005. S5(c)(2) of FMVSS No. 225 requires each 
vehicle that

    (i) Has a rear designated seating position and meets the 
conditions in S4.5.4.1(b) of Standard No. 208 * * * and, (ii) Has an 
air bag on-off switch meeting the requirements of S4.5.4 of Standard 
208 * * * shall have a child restraint anchorage system for a 
designated passenger seating position in the front seat, instead of 
a child restraint anchorage system that is required for the rear 
seat. * * *

    The subject vehicles do not have a child restraint lower anchorage 
in the front seat as required by S5(c)(2).
    Toyota believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Toyota 
states that it considered whether rear-facing child restraints could be 
used in the noncompliant vehicles, and ``is unaware of any rear-facing 
child restraints that require lower anchorages in the vehicle.'' Toyota 
further states,

    Most, if not all rear facing child restraints (even those with 
lower anchorage systems), have belt paths which allow the child 
restraint to be secured properly in the front passenger seat of the 
subject vehicles utilizing the front passenger seatbelt. We also 
note that child restraint manufacturers provide instructions with 
their child seats (even lower anchorage equipped child seats) on how 
to install their restraint with the seatbelt. In addition, all 
Toyota Tundra vehicles provide instructions on how to install child 
restraints with the seatbelt.

    Toyota points out that model year 2000 to 2002 Tundra access cab 
vehicles have a front passenger airbag on-off switch as standard 
equipment but not lower anchorage system because they were produced 
prior to the FMVSS No. 225 lower anchorage requirement with which the 
subject vehicles noncomply. Toyota asserts that,

    considering child restraint installation in the front passenger 
seat, the 2003-2005 MY vehicles (subject vehicles) are no different 
than the 2000-02 MY vehicles and further, it follows that the 
subject vehicles are no less safe than the 2000-02 MY vehicles.

    Toyota further states that it considered

    whether a lower anchorage child restraint can be mistakenly 
installed in the front passenger seat attempting to utilize the 
lower anchorage. Upon investigating the seat bight of the subject 
vehicles, we believe a current vehicle owner or subsequent owner 
could easily observe that no lower anchorage bars exist. We would 
also note that there are no portions of the seat frame within the 
seat bight of the front passenger seat that may be mistaken for 
lower anchorage bars.

    Toyota notes that it has not received customer complaints regarding 
the absence of a front passenger seat child restraint lower anchorage 
system, not has it received any reports of a crash, injury or fatality 
due to this noncompliance.
    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC, 20590-0001. Hand 
Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 
Seventh Street, SW., Washington, DC. It is requested, but not required, 
that two copies of the comments be provided. The Docket Section is open 
on weekdays from 10 a.m. to 5 p.m. except

[[Page 41477]]

Federal holidays. Comments may be submitted electronically by logging 
onto the Docket Management System Web site at http://dms.dot.gov. Click 
on ``Help'' to obtain instructions for filing the document 
electronically. Comments may be faxed to 1-202-493-2251, or may be 
submitted to the Federal eRulemaking Portal: go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: August 18, 2005.

(Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 
1.50 and 501.8).
    Issued on: July 13, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-14109 Filed 7-18-05; 8:45 am]
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