[Federal Register Volume 66, Number 233 (Tuesday, December 4, 2001)]
[Notices]
[Page 63091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30011]



[[Page 63091]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2001-8925, Notice 2]


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

    Mazda Motors Corporation has determined that all Mazda MPV minivans 
produced beginning with the 1989 model year through 2001 models 
manufactured prior to October 6, 2000, and all 1979 through 1993 Mazda 
B-Series pickup trucks do not meet the labeling requirements of 
paragraph S5.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 
120, ``Tire Selection and Rims for Motor Vehicles Other than Passenger 
Cars.'' This includes approximately 1,449,000 vehicles. Pursuant to 49 
U.S.C. 30118(d) and 30120(h), Mazda petitioned for a determination that 
this noncompliance is 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 March 2, 
2001, with a 30-day comment period (66 FR 13126). NHTSA received no 
comments on this application.
    The noncompliance with paragraph S5.3 of FMVSS 120 relates to 
vehicle labeling. The vehicles are all equipped with both certification 
labels required by 49 CFR part 567 and tire information labels as 
specified in paragraph S5.3 (b) of FMVSS 120. However the tire 
information labels do not include the appropriate gross vehicle weight 
rating (GVWR) and the gross axle weight ratings (GAWR) as required.
    Mazda supported its application for inconsequential noncompliance 
by stating that, in all cases, the part 567 certification labels 
including the GVWR and GAWR information are located on the driver's 
door latch post (B-pillar) and the tire information labels are located 
on the driver's door edge. Both labels are visible simultaneously when 
the door is open. According to Mazda, the GVWR and GAWR information is 
also included in the owner's manual for all the subject vehicles 
beginning with the 1988 model year. Mazda believes that this 
noncompliance presents no risk to motor vehicle safety and therefore 
seeks exemption from the notification and remedy requirements. Mazda 
further stated that it is not aware of any problems or owner complaints 
resulting from the absence of the GVWR and the GAWR data on the tire 
information label.
    The agency believes the true measure of inconsequentiality with 
respect to the noncompliance with FMVSS No. 120, paragraph S5.3, is 
whether the GVWR and GAWR information for these vehicles is readily 
available to consumers. Mazda affixed both a tire information label and 
a vehicle certification label to these vehicles. One of the reasons 
that FMVSS No. 120 requires that both labels include the GVWR and GAWR 
information is the fact that the labels need not be located close to 
one another. According to Mazda, the vehicle certification label, 
including the GVWR and GAWR for the vehicle, and the tire information 
label, are close to one another on these vehicles. Since both labels 
can be seen when the driver's door is open, it is less likely that 
consumers would be unaware of the GVWR and GAWR information.
    In consideration of the foregoing, NHTSA has decided that Mazda has 
met its burden of persuasion that the noncompliance with FMVSS No. 120, 
paragraph S5.3, is inconsequential to motor vehicle safety. 
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. In addition, for the reasons 
explained above, NHTSA plans to propose amending its standard to permit 
required information to appear on either the tire label or the 
certification label. (49 U.S.C. 301118, 301120; delegations of 
authority at 49 CFR 1.50 and 501.8)

    Issued on: November 29, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-30011 Filed 12-3-01; 8:45 am]
BILLING CODE 4910-59-P