[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]
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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]
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