[Federal Register Volume 67, Number 78 (Tuesday, April 23, 2002)]
[Notices]
[Pages 19802-19803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9828]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2001-9426, Notice 2]


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

    Mazda Motor Corporation has determined that certain 2000 Mazda MPVs 
do not meet the maximum load rating requirements of paragraph S5.1 or 
the vehicle labeling requirements of paragraph S5.2 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 has petitioned for a determination that 
this noncompliance is inconsequential to motor vehicle safety and has 
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 manufactured 19,569 model year 2000 MPVs equipped with 15-
inch tires marked with a load rating that is not appropriate for the 
vehicle's certified rear gross axle weight rating (GAWR), a 
noncompliance with paragraph S5.1.2 of FMVSS No. 120. Mazda's Petition 
stated that the subject vehicles were equipped with tires that were 
incorrectly labeled with a load index of 92S and a maximum load rating 
635 kg, but should have been labeled with a load rating of 94S and a 
maximum load rating of 670 kg. Further review of Mazda's Petition 
indicates that the P205/65R15 92S original equipment tires manufactured 
by Dunlop and Yokohama are correctly marked with a maximum load rating 
of 635 kg. However, both Dunlop and Yokohama provided Mazda with 
documentation stating that the subject tires passed the tests required 
for tires with a 94S tire load index, which corresponds to a maximum 
load rating of 670 kg. For the 2000 Mazda MPV, the 670 kg maximum load 
rating is sufficient to meet the requirements of FMVSS No. 120, 
paragraph S5.1.2, and is sufficient to bear the load for which the 
vehicle is rated.
    Mazda argued that the noncompliance is inconsequential to motor 
vehicle safety because the original equipment tires, though labeled 635 
kg, meet the requirements for tires with a load rating of 670 kg. 
Additionally, Mazda provided

[[Page 19803]]

the purchasers of the subject vehicles with a letter which reads in 
part as follows: ``Mazda has learned that on some vehicles equipped 
with Dunlop or Yokohama 15" tires, the size specification stamped on 
the side-wall of the tire, the driver's door label and the tire 
specification label in the Owner's Manual is incorrectly marked as 
P205/65R15 92S. The correct tire size is 205/65/R15 94S. Additionally, 
the letter `P' has been removed from the tire size number. As these 
tires meet the `94S' specification, they will not need to be replaced * 
* * If there is a need to replace any of these tires in the future due 
to normal wear, please make certain the replacement tires have the 
`94S' rating.''
    Mazda's petition also stated that the company produced 6,036 
vehicles with 15-inch steel rims that are noncompliant with the 
requirements of FMVSS No. 120, S5.2. These rims are marked with the 
correct size designation, rim manufacturer information, and date of 
production. However, the rims are not marked with a designation 
indicating the source of the rims' published nominal dimensions, as 
required by S5.2(a), or the ``DOT'' symbol required by S5.2(c).
    Mazda argued that the noncompliance with S5.2(a) is inconsequential 
to motor vehicle safety because the dimensions for the 15X6JJ rim do 
not vary significantly among the different publication sources. Mazda 
has compared the dimensions of the 15X6JJ rims in the Japanese 
Automobile Tire Manufacturers Association and the Tire and Rim 
Association Year Books for the year 2000 and determined that the rims 
are interchangeable. According to Mazda, any rim of the correct size 
designation (15X6JJ) should be appropriate for use on the 2000 Mazda 
MPV. With respect to the DOT symbol marking, Mazda argued that the 15-
inch steel rims comply with all federal requirements that may have an 
impact on motor vehicle safety and does not consider this noncompliance 
to be a safety problem.
    The agency believes the true measure of inconsequentiality in the 
case of the noncompliance with FMVSS No. 120, paragraph S5.1.2 is the 
safety of the vehicles that are in noncompliance and the likelihood 
that the tires on these vehicles would be placed in an unsafe, 
overloaded situation. Mazda received documents from Yokohama and Dunlop 
stating that the subject tires meet the maximum load requirements for 
tires with a load rating of 670 kg, or a load index of 94S. 
Additionally, Mazda informed owners of the subject vehicles via letter 
that when the original equipment tires are replaced, they should be 
replaced with tires with a maximum load rating of at least 670 kg, or a 
94S load index. The letter to the vehicle owners also informed the 
owners that the tire size information in the owner's manual and on the 
vehicle certification label contains errors and included corrected 
owner's manual insert pages and a revised certification/tire 
information label. Thus, the agency believes that the noncompliant 
tires would not be a safety problem.
    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. Based on 
the information provided by Mazda, the omission of the symbol 
designating the publication in which the rim dimensions can be obtained 
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. The specifications for the significant dimensions (diameter, 
width, etc.) of 15X6JJ rims listed in the Tire and Rim Association's 
2000 Year Book and the Japanese Automobile Tire Manufacturers 
Association's 2000 Year Book indicate that the rims are 
interchangeable. 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, 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 its burden of persuasion that the noncompliance with 
FMVSS No. 120, paragraphs S5.1 and S5.2, are 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.

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

    Issued on: April 17, 2002.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 02-9828 Filed 4-22-02; 8:45 am]
BILLING CODE 4910-59-P