[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Notices]
[Page 21187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8927]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17436; Notice 1]


Kia Motor Corporation, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Kia Motor Corporation (Kia) has determined that the rims on certain 
vehicles that it produced in 2001 through 2003 do not comply with 
S5.2(a) and S5.2(c) of 49 CFR 571.120, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 120, ``Tire selection and rims for motor vehicles 
other than passenger cars.'' Kia has filed an appropriate report 
pursuant to 49 CFR Part 573, ``Defect and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Kia has petitioned for 
an exemption from the notification and remedy requirements of 49 U.S.C. 
Chapter 301 on the basis that this noncompliance is inconsequential to 
motor vehicle safety.
    This notice of receipt of Kia's petition 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 petition.
    Affected are a total of approximately 69,160 model year 2002 and 
2003 Sedona 4-door multipurpose passenger vehicles produced between May 
1, 2001 and October 2, 2003. Also affected are a total of approximately 
47,314 model year 2003 and 2004 Sorento 4-door multipurpose passenger 
vehicles produced between June 1, 2002 and October 2, 2003. S5.2 of 
FMVSS No. 120 requires that each rim be marked with certain information 
on the weather side, including ``A designation which indicates the 
source of the rim's published nominal dimensions'' (S5.2(a)), and ``The 
symbol DOT'' (S5.2(c)). The rims installed on the affected vehicles do 
not contain the markings required by S5.2(a) or S5.2(c).
    Kia believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Kia states 
that the affected rims are 6JJ x 15'' (Sedona) aluminum alloy and 7JJ x 
16'' (Sorento), which are commonly available and utilized in the United 
States. They are a correct specification for mounting the 215/70R15 
tires specified for all Sedona models and the P245/70R16 tires 
specified for all Sorento models, and are capable of carrying the GVWR 
of the vehicle. Kia first became aware of this noncompliance on the 
Sedona and Sorento vehicles during an internal FMVSS compliance audit.
    Kia states that no accidents or injuries have occurred, and no 
customer complaints have been received related to the lack of the 
markings or any problem that may have resulted from the lack of the 
markings. Kia further states that the missing markings do not affect 
the performance of the wheels or the tire and wheel assemblies.
    The rims are marked in compliance with S5.2(b), rim size 
designation; S5.2(d), manufacturer identification; and S5.2(e) month, 
day and year or month and year of manufacture. The rims are also marked 
with the Kia part number.
    The tire size is marked on the tire sidewalls, and the owner's 
manual and tire inflation pressure label contain the appropriate tire 
size to be installed on the original equipment rims. Therefore, Kia 
does not believe there is a possibility of a tire and rim mismatch as a 
result of the missing rim markings.
    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery: 
Room PL-401 on the plaza level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC. It is requested, but not required, that 
two copies of the comments be provided. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments may 
be submitted electronically by logging onto the Docket Management 
System Webs site at http://dms.dot.gov. Click on ``Help'' to obtain 
instructions for filing the document electronically. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: May 20, 2004.

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

    Issued on: April 14, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-8927 Filed 4-19-04; 8:45 am]
BILLING CODE 4910-59-P