Mazda North American Operations, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Mazda RX-8
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Claude H. Harris
National Highway Traffic Safety Administration
October 21, 2010
[Federal Register: October 21, 2010 (Volume 75, Number 203)]
[Notices]
[Page 65053-65054]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc10-97]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0141; Notice 1]
Mazda North American Operations, Receipt of Petition for Decision
of Inconsequential Noncompliance
Mazda North American Operations (MNAO),\1\ on behalf of Mazda Motor
Corporation of Hiroshima, Japan (Mazda), has determined the lens of the
headlamps equipped on certain 2004 through 2009 Mazda RX-8 model
passenger cars, manufactured from April 1, 2003, to May 29, 2009, and
certain 2006 through 2008 MX-5 model passenger cars, built from May 17,
2005, to November 27, 2008, failed to meet the requirements of
paragraph S7.2(b) of Federal Motor Vehicle Safety Standard (FMVSS) No.
108 Lamps, Reflective Devices, and Associated Equipment. Mazda has
filed an appropriate report pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports, dated December 18, 2009.
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\1\ Mazda Motor Corporation of Hiroshima, Japan (Mazda) is the
manufacturer of the subject vehicles and Mazda North American
Operations (MNAO) is the importer of the vehicles as well as the
registered agent for Mazda.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Mazda has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
This notice of receipt of Mazda's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
Mazda estimates approximately 123,000 2004 through 2009 Mazda RX-8
model passenger cars, manufactured from April 1, 2003 to May 29, 2009,
and 2006 through 2008 MX-5 model passenger cars, built from May 17,
2005 to November 27, 2008, are affected. All of the affected vehicles
were built at Mazda's plant in Hiroshima Japan.
Paragraph 7.2(b) of FMVSS No. 108 requires:
S7.2(b) The lens of each headlamp and of each beam contributor
manufactured on or after December 1, 1989, to which paragraph (a) of
this section applies shall be marked with the name and/or trademark
registered with the U.S. Patent and Trademark Office of the
manufacturer of such headlamp or beam contributor, or its importer,
or any manufacturer of a vehicle equipped with such headlamp or beam
contributor. Nothing in this paragraph shall be construed to
authorize the marking of any such name and/or trademark by one who
is not the owner, unless the owner has consented to it.
Mazda states that the noncompliance is that the lenses of the
headlamps on the affected vehicles are not marked with the name or
trademark of the manufacturer of the headlamp, the manufacturer of the
vehicle, or the importer of the vehicle.
Mazda was notified by its headlamp manufacturer, Koito
Manufacturing Company, Ltd. (Koito) of the apparent
[[Page 65054]]
noncompliance. Mazda then concluded that the vehicles equipped with the
affected headlamps failed to comply with paragraph S7.2(b) of FMVSS No.
108.
Mazda stated the following reasons why they believe the
noncompliance is inconsequential to vehicle safety and does not present
a risk to motor vehicle safety:
The affected headlamps fulfill all the relevant performance
requirements of FMVSS No. 108, except that trade name and/or
trademark of the manufacturer or importer is missing on the lens.
However, the affected headlamps have the trademark of the headlamp
manufacturer on the rim of the headlamp housing. Thus, Mazda
contends that this marking on the rim is visible with the vehicle's
front hood open and states that it believes that the rim marking
could assist the easy identification of the headlamp manufacturer by
the users of the vehicles.
Mazda has not received any complaints or claims related to the
noncompliance nor is it aware of any known reports of accidents or
injuries attributed to the noncompliance.
In summary, Mazda states that it believes the noncompliance is
inconsequential to motor vehicle safety because the affected headlamps
fulfill all other relevant requirements of FMVSS No. 108.
The company also states that it has taken steps to correct the
noncompliance in future production.
Supported by the above stated reasons, Mazda believes that the
subject noncompliance is inconsequential to motor vehicle safety, and
that its petition, to exempt it from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120, should be granted.
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.
Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 am to 5 pm except Federal Holidays.
c. Electronically: By logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http: //www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
Comment Closing Date: November 22, 2010.
Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
CFR 1.50 and 501.8)
Issued on: October 15, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-26425 Filed 10-20-10; 8:45 am]
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