[Federal Register Volume 63, Number 150 (Wednesday, August 5, 1998)]
[Notices]
[Pages 41890-41891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20805]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4208]


MHT Luxury Alloys, Receipt of Application for Decision of 
Inconsequential Noncompliance

    MHT Luxury Alloys (MHT) of Torrance, California has determined that 
some of the rims it manufactured and marketed 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.'' MHT has also applied 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 to motor vehicle safety.
    This notice of receipt of an 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.
    Paragraph S5.2 of FMVSS No. 120 states that each rim, or at the 
option of the manufacturer in the case of a single-piece wheel, wheel 
disc shall be marked with the information listed in paragraphs (a) 
through (e), in lettering not less than 3 millimeters high, impressed 
to a depth or, at the option of the manufacturer, embossed to a height 
of not less than 0.125 millimeter. These five paragraphs labeled (a) 
through (e) require the following labeling:
    (a) A designation which indicates the source of the rim's published 
nominal dimensions;
    (b) The rim size designation;
    (c) The symbol DOT constituting a certification by the manufacturer 
of the rim that the rim complies with all applicable motor vehicle 
safety standards;
    (d) A designation that identifies the manufacturer of the rim by 
name, trademark, or symbol; and
    (e) The month, day, and year or the month and year of manufacture.
    From January 1, 1996 through November 13, 1997, MHT produced and 
sold approximately 13,000 rims which do not contain four of the five 
labeling requirements stated in the standard. However, MHT did 
permanently place on the center of the rim on the weather side a mark 
of ``MHT,'' ``NICHE,'' ``NEEPER,'' or other registered trade name of 
MHT Luxury Alloys, which it

[[Page 41891]]

believes is a sufficient designation of the rim's manufacturer.
    MHT supports its application for inconsequential noncompliance with 
the following statements:
    1. Although the symbol ``DOT'' [and other labeling requirements] 
did not appear on the described rims, each rim did comply with all 
applicable motor vehicle safety standards.
    2. MHT has received no complaints from consumers that (i) the rims 
did not comply with all applicable motor vehicle safety standards, or 
(ii) the rims did not contain the required labeling.
    3. The subject rims were initially designed and manufactured for 
application on passenger vehicles. MHT's management was not aware of 
the labeling requirements and believed that because the rims were 
originally designed and manufactured for passenger vehicles, they were 
exempt from the labeling requirements.
    4. The names ``MHT,'' ``NICHE,'' ``NEEPER,'' and other registered 
trade names of MHT are extremely well known in the industry and to the 
consumers of motor vehicle rims. MHT believes that a consumer could 
inquire at any store, distributor, warehouse, or manufacturer within 
the United States as (i) to the identity and general location of MHT, 
(ii) be advised that MHT is the manufacturer of rims that bear its name 
and its trademarks, and (iii) that MHT is located in Los Angeles 
County, California. MHT has consistently responded promptly and fully 
to any consumer inquires regarding its products.
    5. Upon receipt of a National Highway Traffic Safety Administration 
(NHTSA) letter, date October 6, 1997, MHT promptly ordered a marking 
machine to imprinted each new and ``in warehouse'' rim with the 
required information. Since November 13, 1997, all rims distributed by 
MHT have been marked in compliance with S5.2.
    Interested persons are invited to submit written data, views, and 
arguments on the application described above. Comments should refer to 
the docket number and be submitted to: U.S. Department of 
Transportation, Docket Management, Room PL-401, 400 Seventh Street, 
S.W., Washington, D.C., 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 possible. 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: September 4, 1998.

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

    Issued on: July 30, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-20805 Filed 8-4-98; 8:45 am]
BILLING CODE 4910-59-P