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On August 10, 2010, the National Stock Car Racing Appeals Panel heard and considered the appeal of Gary Showalter, Crew Chief for the Key Motorsports #40 NASCAR Nationwide Series car. 

 The penalty concerned Section 12-1 of the NASCAR Rule Book: “Actions detrimental to stock car racing.”; Section 12-4-J: “Any determination by NASCAR Officials that the Race Equipment used in the Event does not conform to NASCAR Rules”; and Section 20A-5.10.1B(3): “The venturi height was not dimensionally correct.”

 This stemmed from the NASCAR Nationwide Series event at Daytona International Speedway on June 29, 2010.

 The penalty assessed was a $5,000.00 fine.

 The Appellant argued that the carburetor in question had been inspected and raced in a number of NASCAR Nationwide Series races prior to failing inspection, and that the inspection gauges were not always reliable.

 When the carburetor was checked again during the hearing, the venturies visibly failed inspection using both the NASCAR gauge and the gauge provided by the Appellant’s carburetor builder.  The gauge is straightforward and indicates a “go” or “no go”.

 Therefore, it is the unanimous decision of the National Stock Car Racing Appeals Panel to uphold the original penalty assessed by NASCAR. 

 The Appellant has the right under Section 15 of the Rule Book to appeal this decision to the National Stock Car Racing Chief Appellate Officer.