<PRE>
[Federal Register: July 8, 2002 (Volume 67, Number 130)]
[Notices]               
[Page 45182-45183]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy02-132]                         

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-12367; Notice 1]

 
Toyota Motor Corporation; Receipt of Application for 
Determination of Inconsequential Non-Compliance

    Toyota Motor Corporation (TMC) of Toyota-cho, Aichi-ken, Japan, has 
applied to be exempted from the notification and remedy requirements of 
the 49 U.S.C. Chapter 301 ``Motor Vehicle Safety'' for noncompliance 
with Federal Motor Vehicle Safety Standard (FMVSS) No. 205 ``Glazing 
Materials,'' on the basis that the noncompliance is inconsequential to 
motor vehicle safety. TMC has filed a report of noncompliance pursuant 
to 49 CFR part 573, ``Defect and Noncompliance Reports.''
    This notice of receipt of the application 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 application. 
See 49 U.S.C. 30118(d) and 30120(h).
    TMC submitted the following information in accordance with the 
requirements of 49 CFR part 556, ``Exemption for Inconsequential Defect 
or Noncompliance.''

Summary of the Petition

    TMC has determined that certain 2002 model year Lexus SC430 
vehicles are equipped with an airdam which fails to meet the marking 
requirement of FMVSS No. 205 ``Glazing Materials.'' Based on production 
records, TMC has determined the affected vehicle population includes 
model year 2002 Lexus SC430 vehicles produced by TMC between January 8, 
2001 and May 17, 2001. The total number of vehicles potentially 
affected is 5,789.
    Certain Lexus SC430 vehicles were equipped with an airdam, which 
was not marked as specified in Section 6 of ANS Z26 (incorporated by 
reference in FMVSS No. 205), with the ``DOT'' symbol and a 
manufacturer's code marking. According to TMC, during its design and 
testing process, it confirmed that the airdam meets the performance 
requirements of ANS Z26 for item 4 and item 5 glazing as referenced by 
FMVSS

[[Page 45183]]

No. 205. They supplied two ``Notice of Equipment Compliance'' reports. 
The first one provided compliance information for the material that was 
used in the vehicle prior to inclusion of the marking and that expired 
in 1998. TMC also provided a second set of compliance information for 
the same material, which was used after the marking was placed on the 
airdam. TMC claims there is virtually no difference between the 
compliance data; therefore, TMC believes that there is no safety risk.
    TMC maintains that, although this failure to mark constitutes a 
noncompliance with the marking requirements of FMVSS No. 205, it is 
inconsequential to motor vehicle safety and, therefore, TMC should be 
exempted from the notification and remedy requirements of the National 
Traffic and Motor Vehicle Safety Act.

Availability of the Petition and other Documents

    The petition and other relevant information are available for 
public inspection in NHTSA Docket No. NHTSA-2002-12367. You may call 
the Docket at (202) 366-9324 or you may visit the Docket Management in 
Room PL-401, 400 Seventh Street, SW., Washington, DC 20590 (10:00 a.m. 
to 5:00 p.m., Monday through Friday). You may also view the petition 
and other relevant information on the internet. To do this, do the 
following:
    (1) Go to the Docket Management System (DMS) web page of the 
Department of Transportation (<A HREF="http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov/">http://dms.dot.gov/</A>).
    (2) On that page, click on ``Simple Search.''
    (3) On the next page (<A HREF="http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov/searchform.simple.cfm/">http://dms.dot.gov/searchform.simple.cfm/</A>), 
type in the docket number ``12367.'' After typing the docket number, 
click on ``Search.''
    (4) On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments. You may 
download the comments and other materials.

Comments

    Interested persons are invited to submit written data, views and 
arguments on the petition of TMC described above. Comments should refer 
to the Docket Number and be submitted to: Docket Management, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590. It is requested 
that two copies be submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent practicable. When the 
application is granted or denied, the Notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: August 7, 2002.

(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 
49 CFR 501.8)

    Issued on: July 2, 2002.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 02-17012 Filed 7-5-02; 8:45 am]
BILLING CODE 4910-59-P

</PRE>