[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)] [Unknown Section] [Page ] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-18365] [Federal Register: July 28, 1994] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [Docket No. 94-64; Notice 1] Accuride Corporation; Receipt of Petition for Determination of Inconsequential Noncompliance The Accuride Corporation (Accuride) of Henderson, Kentucky, has determined that some of its wheels 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.'' Accuride has also petitioned 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 as it relates to motor vehicle safety. This notice of receipt of a petition is published under 49 U.S.C. 30118 and 30120 (formerly Section 157 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1417)) and does not represent any agency decision or other exercise of judgement concerning the merits of the petition. FMVSS No. 120, Paragraph S5.2(b) requires that each wheel be marked with the rim size designation. On January 11, 1994, Accuride produced an estimated 103 Accu-Forge 22.5 x 9.00 inch, 15 degree drop center, one-piece tubeless dual wheels with incorrect size designations for the rim width. The wheels were incorrectly stamped ``22.5 x 8.25.'' The wheels should have been stamped ``22.5 x 9.00.'' All other stampings and markings required by FMVSS No. 120 are correctly identified on each of the subject wheels. Accuride supports its petition for inconsequential noncompliance with the following: Accuride has fully analyzed the issues surrounding the incorrect width designation on these wheels and has sought the input of the others with particular expertise on this subject. Based upon all of this analysis and the information obtained, it appears clear that there is no safety-related issue potentially arising from the incorrect width designations indicated on the wheels. According to the 1994 Tire and Rim Association Yearbook, the permissible tires on a 22.5 x 9.00 inch rim are the 295/75*22.5 and the 12*22.5. The permissible tires for use on a 22.5 x 8.25 inch rim are the 265/75*22.5, 295/75*22.5, 11*22.5, and the 12*22.5 size. Because the 12*22.5 and the 295/75*22.5 tires are acceptable on both the 8.25 inch and 9.00 inch rims, these tire combinations are not of concern. The remaining 11*22.5 and 265/75*22.5 tires that are specified only for the 8.25 inch rim have been given particular attention. Acccuride has carefully evaluated all of the issues surrounding the possible effect of use of such tires on a wider 9.00 inch rim. We have also solicited the input of two major tire manufacturers and specifically inquired as to potential negative effects of such usage. Our analysis, as well as that of the tire manufacturers, is that there is no safety-related issue. Load carrying capacities, air retention, handling characteristics, and other aspects of performance will not be affected to any degree significant to motor vehicle safety. The only potential effect of such usage results from the fact that the tires in question are slightly more spread on the wider 9.00 inch rim resulting in some chance of reduction in tread wear to a minor degree. It should also be pointed out that the 22.5 x 9.00 inch size is generally a special application tire and wheel combination typically used in North America only on fleets requiring a particular larger tire for the needs of their operation. The wheel in question is heavier and more expensive than a standard 8.25 inch wheel, and these fleets use the product because of specific higher load requirements and would also use the larger tire to meet those same requirements. It is, therefore, Accuride's conclusion that the possibility that narrower tires would be used on these wheels is extremely remote. Interested persons are invited to submit written data, views, and arguments on the petition of Accuride, described above. Comments should refer to the docket number and be submitted to: Docket Section, National Highway Traffic Safety Administration, Room 5109, 400 Seventh Street, SW., Washington, D.C., 20590. It is requested but not required that six 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 petition is granted or denied, the notice will be published in the Federal Register pursuant to the authority indicated below. Comment closing date: August 29, 1994. (49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 49 CFR 501.8). Issued on: July 21, 1994. Barry Felrice, Associate Administrator for Rulemaking. [FR Doc. 94-18365 Filed 7-27-94; 8:45 am] BILLING CODE 4910-59-M