[Federal Register Volume 69, Number 51 (Tuesday, March 16, 2004)]
[Notices]
[Page 12392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5891]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-15621; Notice 2]


Accuride Corporation; Grant of Application for Decision of 
Inconsequential Noncompliance

    Accuride Corporation (Accuride) has determined that approximately 
1,053 Extra Service Wheels, produced between May 27, 2003, and May 31, 
2003, do not meet certain requirements of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 120, ``Tire Selection and Rims for Motor Vehicles 
Other Than Passenger Cars.'' Some 466 of the 1,053 Extra Service Wheels 
were shipped to eleven different customers.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Accuride has 
petitioned for a determination that this noncompliance is 
inconsequential to motor vehicle safety and has filed an appropriate 
report pursuant to 49 CFR Part 573, ``Defect and Noncompliance 
Reports.''
    Notice of receipt of the application was published, with a 30-day 
comment period, on July 21, 2003, in the Federal Register (68 FR 
43254). NHTSA received no comments.
    Accuride described the noncompliant wheels as size 22.5 x 8.25 
inch, 15 degree drop center, one piece tubeless aluminum dual wheels. 
Accuride produced these wheels at its Erie, Pennsylvania plant and 
machined them at the Accuride plant in Cuyahoga Falls, Ohio. The symbol 
``DOT'' and the designation, which indicates the source of the rims'' 
published nominal dimensions, in this case ``T,'' were inadvertently 
not marked on the wheels. Accuride believes that the omission of the 
``DOT-T'' marking is inconsequential to safety as the omission in no 
way affects the performance of the wheel and does not otherwise 
compromise safety. Accuride states that all other information markings 
required by FMVSS No. 120 are correctly marked.
    Paragraph S5.2 of FMVSS 120 requires that each rim be marked with 
specific information, including a designation indicating the source of 
the rims' published nominal dimensions and the symbol ``DOT,'' 
constituting a certification by the manufacturer of the rim that it 
complies with all applicable motor vehicle safety standards. Exclusion 
of the information may cause mismatching of tires to rims that could 
result in tire and rim separations or blowouts.
    In this case, the agency agrees that the noncompliance is 
inconsequential to motor vehicle safety as all other information 
markings, including the correct rim size designation, as required by 
FMVSS No. 120 are correctly marked and the consumer can refer to these 
markings to match the rims to tires. Also, the agency traditionally 
considers failure to mark ``DOT'' as a failure to certify under 49 CFR 
Part 567--Certification rather than a failure to comply with a FMVSS. 
As such, the absence of the ``DOT'' symbol in this case will not 
compromise the safe operation of motor vehicles.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance at 
issue 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.

    Authority: (49 U.S.C. 301118, 301120; delegations of authority 
at 49 CFR 1.50 and 501.8)

    Issued on: March 11, 2004.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 04-5891 Filed 3-15-04; 8:45 am]
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