MARTINSVILLE - Dale Earnhardt Jr. questions whether he received a fair hearing in the appeal he presented to the National Stock Car Racing Commission earlier this week.

Earnhardt discussed his appeal for the first time Friday since the commission upheld NASCAR's 25-point penalty to him for cursing in a live TV interview. "I think the decision was already made," Earnhardt said. "The appeal system could use a little revision but I'm not in charge of it. It was really pointless to have it. They just kind of made you feel like they were listening to you the whole time you were there.

"It was not quite fair, I guess. It'd be like NASCAR losing an appeal that we held at [Dale Earnhardt Inc.]."

Richie Gilmore, DEI's director of competition, said the team does not plan to appeal the commission's decision. Yet, Gilmore admitted the team could change its mind. The team has 10 days from the commission's decision to appeal it to the National Commissioner, Charles D. Strang. His decision is final.

"Maybe if something happens here that will make us change our mind," Gilmore said. "Right now, we're just trying to get past it but we do have 10 days and maybe we will change our mind next week."

Hearing the appeal were three members of the commission: chairman George Silbermann, former TNN president David Hall and Brad Daugherty, a former Craftsman Truck series owner and ESPN college basketball analyst.

Who needs testing?

Rusty Wallace qualified second for his 32nd career top-10 start in 42 attempts at Martinsville Speedway. It's a great effort considering that Wallace missed his test session here earlier this month and hadn't been on the resurfaced track until Friday morning.

He tried to take a helicopter from Charlotte to Martinsville a couple of weeks ago but fog kept him from landing.

Feeling better

Although rookie Brian Vickers will start 34th Sunday, he was happy to be at the track after his vicious crash last weekend at Charlotte. Vickers lost control of his car coming off turn 4 and spun. When he tried to save the car, he redirected it into the wall where it hit the energy-absorbing SAFER barrier head-on, lifting the car in the air as it spun.

"I think I was blessed on that one," says Vickers, who turns 21 Sunday. "It was a combination of the good Lord looking after me and everything NASCAR and the race tracks have done for safety equipment. I was very thankful for everything they've done because I feel great."

Anchors away

FitzBradshaw Racing of the NASCAR Busch series announcedFriday that the Navy has re-signed to be the team's sponsor for next season. The team enters into an alliance next season with Chip Ganassi Racing, which will provide technical and engineering support. The team will use Dodges.

Playing hoops

NASCAR Nextel Cup driver Brendan Gaughan continued his Martinsville tradition Thursday night and it left him winded.

Gaughan spoke with the Martinsville High School boys basketball team about staying in school and then played with them for the third year in a row.

The tradition started when Martinsville coach Troy Wells asked Gaughan to speak to his team, knowing that Gaughan was a member of the Georgetown basketball team when John Thompson coached and Allen Iverson played. Gaughan said he'd speak if he could play with the team.

Gaughan, 29, said he played about five games with the team Thursday.

"I'm absolutely not in shape to do that,'' he said. "My game involves beating up a lot of guys and trash talking. That's what I was accustomed to for four years at Georgetown."

Pit stops

Ricky Rudd starts ninth for the Wood Brothers. He was the fastest in practice but he got out of the groove on his qualifying run and that slowed his time. ... Ward Burton qualified fourth, his second-best qualifying effort of the season. His best was a second-place start at Indianapolis. ... Rookie Scott Riggs starts sixth for his third top-10 start in the past four races. ... Travis Kvapil (fifth), Chad Chaffin (37th) and Mario Gosselin (42nd) each will make their first career Cup start Sunday.