On October 9, 2007, the National Stock Car Racing Commission heard and considered the appeal of Roush Fenway Racing regarding the No. 99 car. The appeal concerned three penalties issued by NASCAR following post-race inspection on September 23, 2007 for the NASCAR NEXTEL Cup Series event at Dover International Speedway.

The infractions concerned Section 12-4-A of the NASCAR Rule Book "Actions detrimental to stock car racing"; Section 12-4-Q "Any determination by NASCAR Officials that the car, car parts, components, and/or equipment used in the Event do not conform to NASCAR rules" and Section 20-12.8.1.C of the NASCAR COT Technical Bulletin #3 dated 4/10/07: "Failed to meet the minimum rear car heights."

The penalties assessed were:

• Loss of 25 NASCAR NEXTEL Cup Series Championship Car Owner Points for car owner Roush Fenway Racing.
• Loss of 25 NASCAR NEXTEL Cup Series Championship Driver Points for driver Carl Edwards.
• $25,000.00 fine and probation until December 31, 2007 for crew chief Robert Osborne.

The Appellants argued that the infraction was due to the failure of a clamp on a jack bolt and that the resulting low rear car height was a performance disadvantage. They further argued that penalties imposed during the Chase for the NASCAR NEXTEL Cup should be assessed differently than during other portions of the season, and differently for Chase contenders than for other competitors.

In deciding the Appeal, the Commission considered several factors:

• There was no indication that the infraction was intentional.
• The car failed to meet post-race height requirements. Whether this constituted an advantage, disadvantage or otherwise does not alter the fact that the car failed to meet the rules.
• All eligible competitors in each NASCAR NEXTEL Cup Series championship race are awarded championship points per the NASCAR Rule Book. Accordingly, point penalties should continue to be assessed irrespective of a given competitor's overall standing in the championship points, or in which championship race an infraction occurs.
• The penalties imposed are consistent with those for other recent car height violations.

Therefore it is the unanimous decision of the National Stock Car Racing Commission to uphold the original penalties assessed by NASCAR. The Appellants have the right under Section 15 of the Rule Book to appeal this decision to the National Stock Car Racing Commissioner.