[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Notices]
[Pages 41022-41023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15277]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17436; Notice 2]


Kia Motor Corporation; Grant 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.'' 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. Notice of 
receipt of Kia's petition was published with a 30-day comment period on 
April 20, 2004 in the Federal Register (69 FR 21187). NHTSA received no 
comments.
    S5.2 of FMVSS No. 120 requires that each rim be marked with certain 
information on the weather side, including S5.2(a): a designation which 
indicates the source of the rim's published nominal dimensions, and 
S5.2(c): the symbol DOT. Kia produced approximately 69,160 model year 
2002 and 2003 Sedona 4-door multipurpose passenger vehicles between May 
1, 2001 and October 2, 2003, and 47,314 model year 2003 and 2004 
Sorento 4-door multipurpose passenger vehicles, all with rims that do 
not contain the markings required by S5.2(a) and S5.2(c).
    According to Kia, the affected rims are 6JJ x 15[sec] (Sedona) 
aluminum alloy and 7JJ x 16[sec] (Sorento), which are commonly 
available and utilized in the United States. The rims have the 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 supporting the GVWR of the vehicle. 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.
    NHTSA agrees that the noncompliance is inconsequential to motor 
vehicle safety. 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, there is little likelihood of a tire and rim 
mismatch as a result of the missing rim markings. With regard to the 
omission of the DOT symbol, the agency regards the noncompliance with 
paragraph S5.2(c) as a failure to comply with the certification 
requirements of 49 U.S.C.

[[Page 41023]]

30115, and not a compliance failure requiring notification and remedy.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Kia's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliance.

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

    Issued on: June 29, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-15277 Filed 7-6-04; 8:45 am]
BILLING CODE 4910-59-P