Notice2025-24008
Toyota Motor North America, Grant of Petition for Decision of Inconsequential Noncompliance
Primary source
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Published
December 30, 2025
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
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 on August 12, 2022, 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.
Full Text
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<title>Federal Register, Volume 90 Issue 246 (Tuesday, December 30, 2025)</title>
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[Federal Register Volume 90, Number 246 (Tuesday, December 30, 2025)]
[Notices]
[Pages 61222-61223]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-24008]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2022-0095; Notice 2]
Toyota Motor North America, 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 (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 on August 12, 2022, 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, 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.
Notice of receipt of Toyota's petition was published with a 30-day
public comment period, on May 19, 2023, in the Federal Register (88 FR
33272). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Then follow the online
search instructions to locate docket number ``NHTSA-2022-0095.''
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 do not reflect the views
of NHTSA. 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 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
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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.
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.\4\ 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.\5\ Further, because each inconsequential
noncompliance petition must be evaluated on its own facts and
determinations are highly fact-dependent, NHTSA does not consider prior
determinations as binding precedent. Petitioners are reminded that they
have the burden of persuading NHTSA that the noncompliance is
inconsequential to safety.
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\4\ 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).
\5\ 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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FMVSS No. 110 specifies requirements for tire selection to prevent
tire overload. The intent of the standard is to ensure that vehicles
are equipped with tires appropriate to handle the vehicle
manufacturer's designed maximum vehicle weight.
The maximum weight of a vehicle is determined by adding to the
vehicle the manufacturer specified maximum weight of occupants and
cargo. FMVSS No. 110, paragraph S4.3(a) requires that vehicles be
labeled with a ``Vehicle Capacity Weight (VCW)'' value which is the
specified maximum occupant and cargo weight that can be loaded into a
vehicle. This value is equal to 68 kg times the vehicle's designated
seating capacity plus the rated cargo/payload of the vehicle. FMVSS No.
110, S4.2.1.1 and S4.3.4(b), requires that the vehicle maximum load on
the tire shall not be greater than the applicable maximum load rating
as marked on the sidewall of the tire or greater than the load rating
of the tire at the manufacturer specified cold inflation pressure
listed on the tire and loading information placard.
For the subject vehicles, Toyota noted that the vehicle weight
capacity values on the placards are incorrect. The vehicle placard on
the subject vehicles indicates that the vehicle weight capacity is 925
pounds when it should state that the vehicle weight capacity is 1,045
pounds. These errors would not cause a consumer to load the subject
vehicles beyond their original design specifications.
Toyota cited prior NHTSA determinations of inconsequentiality
petitions in support of the contention that the noncompliance involved
here also had no safety impact. NHTSA notes that it evaluates each
petition on its individual facts and does not consider prior
determinations as binding precedent.
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 vehicles is inconsequential
to motor vehicle safety. Accordingly, Toyota's petition is hereby
granted, and 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
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 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. 2025-24008 Filed 12-29-25; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on December 30, 2025.
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