[Federal Register Volume 63, Number 148 (Monday, August 3, 1998)] [Notices] [Pages 41321-41322] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-20629] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-97-3146] Toyota Technical Center, U.S.A., Inc., Grant of Application for Decision of Inconsequential Noncompliance Toyota Technical Center, U.S.A., Inc. (Toyota) of Washington, DC on behalf of the Toyota Motor Manufacturing, Kentucky, Inc. (TMMK) has determined that some 1998 model Toyota Sienna vehicles fail to comply with 49 CFR 571.120, Federal Motor Vehicle Safety Standard (FMVSS) No. 120, ``Tire selection and rims for vehicles other than passenger cars,'' and has filed an appropriate report pursuant to 49 CFR Part 573, ``Defect and Noncompliance Reports.'' Toyota has also applied to be exempted from the notification and remedy requirements of 49 U.S.C. Chapter 301--``Motor Vehicle Safety'' on the basis that the noncompliance is inconsequential to motor vehicle safety. Notice of receipt of the application was published, with a 30-day comment period, on December 10, 1997, in the Federal Register (62 FR 65127). NHTSA received no comments on this application during the 30- day comment period. In FMVSS No. 120, paragraph S5.3 states that the recommended cold inflation pressure for the designated tire must appear either on the certification label or a tire information label. Toyota produced 4,358 vehicles from May 12, 1997 through October 13, 1997 which do not meet the labeling requirements stated in the standard. The recommended 240KPa (35 PSI) cold inflation pressure for the designated tire (P205/70R15) is misstated on the certification label as 220 KPa (33 PSI). Toyota supported its application for inconsequential noncompliance with the following three statements: 1. On these vehicles, Toyota has applied a voluntary tire information label, on which the correct recommended pressure, ``240 KPa/35 PSI'' (at maximum loaded vehicle weight) appears, [located at ] the door opening portion of the driver side B-pillar. Toyota believes that owners will refer to this tire information label rather than the certification label, making the possibility of confusion due to the different tire inflation pressures quite low. 2. The vehicle owner's manual also indicates the correct recommended inflation pressure. 3. The Maximum Loaded Vehicle Weight (MLVW)--the weight of the heaviest vehicle of the car line with full accessories, passengers in all designated seating positions, and maximum cargo and luggage load-- of the Toyota Sienna is 2,365 kg. In such [a] fully-loaded condition, the rear axle is loaded more than the front [axle], resulting in a rear axle load of 1,204 kg or 602 kg on each rear tire. The load limit of the subject P205/70R15 tire inflated to 220 KPa (33 PSI) is 650 kg. Therefore, there still exists a 48 kg margin under the MLVW. Since the Sienna is a passenger vehicle--as opposed to a cargo vehicle--it is unlikely that the owner will overload it. The reason for requiring the maximum permissible tire inflation pressure to be provided on a permanent label in the vehicle is to give the vehicle user the necessary information to minimize the likelihood that the tires will be overloaded or overinflated. In this case, the too-low maximum inflation pressure shown on the vehicle label raises concerns that the tires will be overloaded when the vehicle is fully loaded. However, NHTSA believes Toyota has provided sound reasons to conclude that these concerns are unlikely in the circumstances of this application. First, the vans have correct maximum inflation pressures shown on a tire information label on the vehicle and in the owner's manual, but a too-low maximum inflation pressure on the certification label. Second, and most [[Page 41322]] significantly, even if the tires are inflated to the too-low maximum inflation pressure shown on the vehicle certification label, the tires would still not be overloaded. In consideration of the foregoing, NHTSA has decided that the applicant has met its burden of persuasion that the noncompliance it describes is inconsequential to safety. Accordingly, its application is granted, and the applicant is exempted from providing the notification of the noncompliance that is required by 49 U.S.C. 30118, and from remedying the noncompliance, as required by 49 U.S.C. 30120. (49 U.S.C. 30118, delegations of authority at 49 CFR 1.50 and 501.8). Issued on: July 29, 1998. L. Robert Shelton, Associate Administrator for Safety Performance Standards. [FR Doc. 98-20629 Filed 7-31-98; 8:45 am] BILLING CODE 4910-59-P