[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18365]


[Federal Register: July 28, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-64; Notice 1]


Accuride Corporation; Receipt of Petition for Determination of 
Inconsequential Noncompliance

    The Accuride Corporation (Accuride) of Henderson, Kentucky, has 
determined that some of its wheels fail to comply with 49 CFR 571.120, 
Federal Motor Vehicle Safety Standard (FMVSS) No. 120, ``Tire Selection 
and Rims for Vehicles Other Than Passenger Cars,'' and has filed an 
appropriate report pursuant to 49 CFR Part 573, ``Defect and 
Noncompliance Reports.'' Accuride has also petitioned to be exempted 
from the notification and remedy requirements of 49 U.S.C. Chapter 
301--``Motor Vehicle Safety'' on the basis that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    This notice of receipt of a petition is published under 49 U.S.C. 
30118 and 30120 (formerly Section 157 of the National Traffic and Motor 
Vehicle Safety Act (15 U.S.C. 1417)) and does not represent any agency 
decision or other exercise of judgement concerning the merits of the 
petition.
    FMVSS No. 120, Paragraph S5.2(b) requires that each wheel be marked 
with the rim size designation.
    On January 11, 1994, Accuride produced an estimated 103 Accu-Forge 
22.5  x  9.00 inch, 15 degree drop center, one-piece tubeless dual 
wheels with incorrect size designations for the rim width. The wheels 
were incorrectly stamped ``22.5  x  8.25.'' The wheels should have been 
stamped ``22.5  x  9.00.'' All other stampings and markings required by 
FMVSS No. 120 are correctly identified on each of the subject wheels.
    Accuride supports its petition for inconsequential noncompliance 
with the following:

    Accuride has fully analyzed the issues surrounding the incorrect 
width designation on these wheels and has sought the input of the 
others with particular expertise on this subject. Based upon all of 
this analysis and the information obtained, it appears clear that 
there is no safety-related issue potentially arising from the 
incorrect width designations indicated on the wheels.
    According to the 1994 Tire and Rim Association Yearbook, the 
permissible tires on a 22.5  x  9.00 inch rim are the 295/75*22.5 
and the 12*22.5. The permissible tires for use on a 22.5 x 8.25 inch 
rim are the 265/75*22.5, 295/75*22.5, 11*22.5, and the 12*22.5 size. 
Because the 12*22.5 and the 295/75*22.5 tires are acceptable on both 
the 8.25 inch and 9.00 inch rims, these tire combinations are not of 
concern. The remaining 11*22.5 and 265/75*22.5 tires that are 
specified only for the 8.25 inch rim have been given particular 
attention. Acccuride has carefully evaluated all of the issues 
surrounding the possible effect of use of such tires on a wider 9.00 
inch rim. We have also solicited the input of two major tire 
manufacturers and specifically inquired as to potential negative 
effects of such usage. Our analysis, as well as that of the tire 
manufacturers, is that there is no safety-related issue. Load 
carrying capacities, air retention, handling characteristics, and 
other aspects of performance will not be affected to any degree 
significant to motor vehicle safety. The only potential effect of 
such usage results from the fact that the tires in question are 
slightly more spread on the wider 9.00 inch rim resulting in some 
chance of reduction in tread wear to a minor degree.
    It should also be pointed out that the 22.5  x  9.00 inch size 
is generally a special application tire and wheel combination 
typically used in North America only on fleets requiring a 
particular larger tire for the needs of their operation. The wheel 
in question is heavier and more expensive than a standard 8.25 inch 
wheel, and these fleets use the product because of specific higher 
load requirements and would also use the larger tire to meet those 
same requirements. It is, therefore, Accuride's conclusion that the 
possibility that narrower tires would be used on these wheels is 
extremely remote.

    Interested persons are invited to submit written data, views, and 
arguments on the petition of Accuride, described above. Comments should 
refer to the docket number and be submitted to: Docket Section, 
National Highway Traffic Safety Administration, Room 5109, 400 Seventh 
Street, SW., Washington, D.C., 20590. It is requested but not required 
that six 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 possible. When the 
petition is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: August 29, 1994.

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

    Issued on: July 21, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-18365 Filed 7-27-94; 8:45 am]
BILLING CODE 4910-59-M