[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Notices]
[Pages 8767-8768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3693]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-64; Notice 2]
Accuride Corporation; Grant of Application for Decision of
Inconsequential Noncompliance
Accuride Corporation (Accuride) of Henderson, Kentucky, 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 filed an appropriate
report pursuant to 49 CFR part 573, ``Defect and Noncompliance
Reports.'' Accuride 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 on July 28,
1994, and an opportunity afforded for comment (59 FR 38503).
Paragraph S5.2(b) of FMVSS No. 120 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 supported its application for determination of
inconsequential noncompliance with the following arguments:
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 22.5x9.00 inch rim are the 295/75*22.5 and
the 12*22.5. The permissible tires for use on a 22.5x8.25 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. Accuride has carefully evaluated all of the issues
surrounding the possible effect of use of such tires on a wider 9.00
[[Page 8768]] 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 22.5x9.00 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.
A comment on the petition was received from Robert J. Crail of
Knoxville, TN, who concurred with Accuride's argument that the
possibility of a tire being misapplied on the noncompliant rims is
remote. He recommended granting the petition.
Because Accuride had not specified the names of the tire
manufacturers that it had consulted, NHTSA contacted the applicant and
learned that the manufacturers were Michelin Tire Corporation and
Bridgestone/Firestone, Inc. NHTSA spoke with representatives of the two
companies, each of whom stated that the only possible effect of
misapplication would be a possible minor increase in tire wear. At
NHTSA's request, Accuride is sending an explanatory letter to the
entities to whom Accuride sold the noncompliant rims. NHTSA agrees with
the argument and comment that the possibility of misapplication is
remote due to specialized use by truck fleets.
In consideration of the foregoing, Accuride has met its burden of
persuasion that the noncompliance described above is inconsequential to
motor vehicle safety, and it is hereby exempted from providing the
notification required by 49 U.S.C. 30118, and the remedy required by 49
U.S.C. 30120.
Authority: (49 U.S.C. 30118, 30120; delegations of authority at
49 CFR 1.50 and 49 CFR 501.8)
Issued on: February 9, 1995.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 95-3693 Filed 2-14-95; 8:45 am]
BILLING CODE 4910-59-P
