[Federal Register Volume 66, Number 177 (Wednesday, September 12, 2001)]
[Notices]
[Page 47517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22849]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2000-8105; Notice 2]


Accuride Corporation; Grant of Application for Decision of 
Inconsequential Noncompliance

    Accuride Corporation of Evansville, Indiana, a manufacturer of 
truck rims and wheels, has determined that approximately 3,700 20  x  
7.5 FL side rings produced by Accuride de Mexico (AdM), Accuride's 
wholly-owned subsidiary, at its Monterrey, Mexico plant, and by 
Industria Automotriz S.A. de C.V. (IaSa), a Mexican corporation and 
Accuride's Mexican joint venture partner, fail to comply with Federal 
Motor Vehicle Safety Standard (FMVSS) 120, ``Tire Selection and Rims 
for Motor Vehicles Other Than Passenger Cars.'' Accuride filed an 
appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Reports.'' Accuride 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.
    Notice of receipt of the application was published, with a 30-day 
comment period, on March 2, 2001, in the Federal Register (66 FR 
13126). NHTSA received no comments.
    The purpose of FMVSS No. 120, according to S2, is ``to provide safe 
operational performance by ensuring that vehicles to which it applies 
are equipped with tires of adequate size and load rating and with rims 
of appropriate size and type designation.'' Paragraph S5.2 of FMVSS No. 
120 requires that each piece, other than the rim base of a multipiece 
rim, be marked with specific information, including the rim size 
designation, and a designation that identifies the manufacturer of the 
rim by name, trademark, or symbol.
    Accuride's noncompliance relates to the mis-stamping of the marking 
on the multipiece rim rings. The stamped rim size designation and type 
designation on the ring, was transposed as ``R7.5  x  20 FL'' instead 
of ``20  x  7.5 FL.'' Accuride states, ``All other stampings and 
markings required by FMVSS 120 and Accuride, including the part number 
and load rating, are correctly identified on each of the components in 
question.'' AdM produced a total of approximately 896 rings from 
January 3, 2000 to February 18, 2000, and approximately 2,804 rings 
were produced by IaSa and sold by Accuride prior to January 3, 2000. 
Accuride believes that there is no safety-related issue with respect to 
this equipment.
    These rings, marked with transposed numbers, were sent to original 
equipment manufacturers and were fitted to Class 8 conventional trucks 
and trailers. Accuride argues that an individual in a heavy truck 
repair facility would quickly realize that this marking is incorrect 
and would be unlikely to attempt to fit this ring on a rim of the size 
marked. The probability of one of these rings being placed on a rim by 
an individual believing that the marking is correct is highly unlikely, 
if not physically impossible, would be attempting to fit a 20-inch 
diameter ring on to a 7.5-inch diameter base rim.
    According to the petitioner, senior Accuride management has 
extensively reviewed the processes, the causes of these noncompliances 
have been isolated, and changes in the processes have been instituted 
to prevent any future occurrences. In addition, the noncompliance is 
limited to the equipment addressed in this notice, and Accuride stated 
that its future products would comply with the requirements of FMVSS 
No. 120.
    The agency agrees with Accuride's verbal statements, provided in a 
telephone conversation, that an individual working in a heavy truck 
repair shop or tire shop would quickly realize that the size on the 
ring is mis-labeled by examining the matching rim and mounted tire. 
Accuride provides the correct size information; however, that 
information is transposed. These rings and matching rims will be 
serviced in Class 8 capable facilities with trained heavy truck 
personnel. The probability of these rings being placed on a rim by a 
trained individual believing that the marking is correct is remote.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance it 
describes is inconsequential to motor vehicle safety. Accordingly, 
Accuride's application is hereby granted, and the applicant is exempted 
from the obligation of providing notification of, and a remedy for, the 
noncompliance.

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

    Issued on: September 7, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-22849 Filed 9-11-01; 8:45 am]
BILLING CODE 4910-59-P