Accuride Corporation; Grant of Application for Decision of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Barry Felrice Date: 15 February 1995 Subject: American Government • Safety Topic: Accuride

[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]
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