[Federal Register Volume 66, Number 192 (Wednesday, October 3, 2001)]
[Notices]
[Page 50499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24726]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2001-9036; Notice 2]


Mazda Motors Corporation; Grant of Application for Decision That 
Noncompliance Is Inconsequential to Motor Vehicle Safety

    Mazda Motors Corporation (Mazda) has determined that certain 1994 
model Mazda Navajos and 1994 through 2000 model Mazda B-Series trucks 
do not meet the rim marking requirements of paragraphs S5.2(a) and 
S5.2(c) of Federal Motor Vehicle Safety Standard (FMVSS) No. 120, 
``Tire Selection and Rims for Motor Vehicles Other Than Passenger 
Cars.'' Pursuant to 49 U.S.C. 30118(d) and 30120(h), Mazda petitioned 
for a determination that these noncompliance are inconsequential to 
motor vehicle safety and filed an appropriate report pursuant to 49 CFR 
Part 573, ``Defect and Noncompliance Reports.''
    Notice of receipt of the application was published on May 1, 2001, 
with a 30-day comment period (66 FR 21820). NHTSA received no comments 
on this application.
    Mazda stated that approximately 218,000 vehicles were manufactured 
with rims that are not marked with the letter ``T'', identifying The 
Tire and Rim Association as the source of the rims' nominal dimensions. 
Paragraph S5.2(a) requires that rims be marked with a designation 
indicating a publication in which the rims' dimension specifications 
are available.
    Also, the rims on these vehicles are not marked with the ``DOT'' 
symbol, indicating certification of compliance with all applicable 
motor vehicle safety standards, as required by paragraph 5.2(c).
    According to Mazda, the marking required in paragraph S5.2(a) to 
identify the source of the rim dimension specifications has no effect 
on the tire/rim performance. The tires and rims on the noncompliant 
vehicles are properly matched and are appropriate for the load carrying 
characteristics of these vehicles. Paragraph S5.2(a) lists several 
publications in which vehicle rim dimension specifications may be 
published, including ``The Tire and Rim Association,'' ``Japanese 
Automobile Tire Manufacturers' Association, Inc.,'' and the ``European 
Tyre and Rim Technical Organization.'' According to Mazda, a comparison 
of the dimension specifications for rims of the appropriate size and 
type indicated that the dimensions listed in these publications are 
essentially identical. Therefore, rims of the correct size, with 
dimension specifications listed in several of the sources designated in 
paragraph S5.2(a), would be appropriate for these vehicles. The rims in 
question are 14X6.0J and 15X7.0J, which Mazda stated are commonly 
available in the U.S. With respect to the DOT symbol marking, Mazda 
stated that the rims comply with all federal requirements that may have 
an impact on motor vehicle safety and, therefore, it does not believe 
this noncompliance with paragraph S5.2(c) would result in safety 
related problems.
    The agency believes the true measure of inconsequentiality with 
respect to the noncompliance with paragraph S5.2(a) is the likelihood 
that inappropriate rims may be installed on these vehicles, since the 
rims are not market to indicate the source of the rims' dimension 
specifications. Based on the information provided by Mazda, the 
omission of the symbol designating the publication in which the rim 
dimension specifications will not likely result in the use of rims with 
dimensions that are not appropriate for the vehicle. The rim size is 
properly labeled on these rims and the dimension specifications for 
these rims are essentially identical in several of the publications 
listed in the standard. Since it is highly unlikely that a replacement 
rim of the proper size and type would have dimensions that are 
unsuitable for the Mazda vehicles, and the recommended tire size(s) and 
associated rim size(s) are stated on the certification and/or tire 
information labels, the agency believes the noncompliance is 
inconsequential to motor vehicle safety.
    The ``DOT'' symbol is marked on tires, tire rims, motor vehicle 
equipment items, and motor vehicles to certify compliance with various 
safety standards. The agency regards the noncompliance with paragraph 
S5.2(c) as a failure to comply with the certification requirements of 
49 U.S.C. 30115, and not a compliance failure requiring notification 
and remedy.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met the burden of persuasion that noncompliance with 
FMVSS No. 120, paragraph S5.2(a) is inconsequential to motor vehicle 
safety. Additionally, the noncompliance with paragraph S5.2(c) is 
inconsequential to motor vehicle safety and a failure to comply with 
certification requirements. Accordingly, Mazda's application is granted 
and the company is exempted from providing the notification of the 
noncompliance that would be required by 49 U.S.C. 30118, and from 
remedying the noncompliance, as would be required by 49 U.S.C. 30120.

(49 U.S.C. 301118, 301120; delegations of authority at 49 CFR 1.50 
and 501.8)

    Issued on: September 27, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-24726 Filed 10-2-01; 8:45 am]
BILLING CODE 4910-59-M