Michelin North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 15675-15677 [2019-07520]

Download as PDF 15675 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices Transportation, MARAD–2019–0057, 1200 New Jersey Avenue SE, West Building, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. Note: If you mail or hand-deliver your comments, we recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. khammond on DSKBBV9HB2PROD with NOTICES Instructions: All submissions received must include the agency name and specific docket number. All comments received will be posted without change to the docket at www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments, see the section entitled Public Participation. FOR FURTHER INFORMATION CONTACT: Bianca Carr, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Room W23–453, Washington, DC 20590. Telephone 202– 366–9309, Email Bianca.carr@dot.gov. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel GREEN EYED LADY is: —Intended Commercial Use of Vessel: ‘‘Day sails’’ —Geographic Region Including Base of Operations: ‘‘Virginia, Maryland, Delaware, Florida’’ (Base of Operations: St Augustine, FL) —Vessel Length and Type: 33′ catamaran The complete application is available for review identified in the DOT docket as MARAD–2019–0057 at http:// www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the vessel name, state the commenter’s interest in the waiver application, and address the waiver criteria given in section 388.4 of MARAD’s regulations at 46 CFR part 388. Public Participation How do I submit comments? Please submit your comments, including the attachments, following the VerDate Sep<11>2014 16:32 Apr 15, 2019 Jkt 247001 instructions provided under the above heading entitled ADDRESSES. Be advised that it may take a few hours or even days for your comment to be reflected on the docket. In addition, your comments must be written in English. We encourage you to provide concise comments and you may attach additional documents as necessary. There is no limit on the length of the attachments. (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 46 U.S.C. 12121) Where do I go to read public comments, and find supporting information? DEPARTMENT OF TRANSPORTATION Go to the docket online at http:// www.regulations.gov, keyword search MARAD–2019–0057 or visit the Docket Management Facility (see ADDRESSES for hours of operation). We recommend that you periodically check the Docket for new submissions and supporting material. Will my comments be made available to the public? Yes. Be aware that your entire comment, including your personal identifying information, will be made publicly available. May I submit comments confidentially? If you wish to submit comments under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Department of Transportation, Maritime Administration, Office of Legislation and Regulations, MAR–225, W24–220, 1200 New Jersey Avenue SE, Washington, DC 20590. Include a cover letter setting forth with specificity the basis for any such claim and, if possible, a summary of your submission that can be made available to the public. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, to www.regulations.gov, as described in the system of records notice, DOT/ALL–14 FDMS, accessible through www.dot.gov/privacy. To facilitate comment tracking and response, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. Whether or not commenters identify themselves, all timely comments will be fully considered. If you wish to provide comments containing proprietary or confidential information, please contact the agency for alternate submission instructions. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 * * * * * Dated: April 10, 2019. By Order of the Maritime Administrator. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2019–07478 Filed 4–15–19; 8:45 am] BILLING CODE 4910–81–P National Highway Traffic Safety Administration [Docket No. NHTSA–2017–0034; Notice 2] Michelin North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: Michelin North America, Inc. (MNA), has determined that certain BFGoodrich gForce Rival S summer performance tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. MNA filed a noncompliance report dated April 17, 2017. MNA also petitioned NHTSA on May 5, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. NHTSA is granting the petition for the reasons stated in this decision. FOR FURTHER INFORMATION CONTACT: Abraham Diaz, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366–5310, facsimile (202) 366–5930. SUPPLEMENTARY INFORMATION: I. Overview: MNA has determined that certain BFGoodrich gForce Rival S summer performance tires do not fully comply with paragraph S5.2(d) of FMVSS No. 139, New Pneumatic Radial Tires for Light Vehicles (49 CFR 571.139). MNA filed a noncompliance report dated April 17, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. MNA also petitioned NHTSA on May 5, 2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety. Notice of receipt of the petition was published, with a 30-day public comment period, on July 11, 2017, in the Federal Register (82 FR 32049). No SUMMARY: E:\FR\FM\16APN1.SGM 16APN1 khammond on DSKBBV9HB2PROD with NOTICES 15676 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices comments were received. To view the petition and all supporting documents, log onto the Federal Docket Management System (FDMS) website at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2017– 0034.’’ II. Tires Involved: Approximately 370 BFGoodrich gForce Rival S summer performance tires, size P335/30ZR18 95W LL, manufactured between March 2, 2017, and March 30, 2017, are potentially involved. III. Noncompliance: MNA explains that the noncompliance is that the tire size designation markings on the sidewalls of the subject tires do not contain the tire type code designator symbol from the United States Tire and Rim Association (USTRA) yearbook, as required by paragraph S5.2(d) of FMVSS No. 139. Specifically, the subject tire size reads ‘‘335/30ZR18 95W LL’’ but should read ‘‘P335/30ZR18 95W LL.’’ IV. Rule Requirements: Paragraph S5.2(d) of FMVSS No. 139 titled ‘‘Performance Requirements’’ includes the requirements relevant to this petition: Each tire shall conform to each of the following: • Its load rating shall be that specified either in a submission made by an individual manufacturer, pursuant to paragraph S4, or in one of the publications described in paragraph S4 for its size designation, type and each appropriate inflation pressure. • If the maximum load rating for a particular tire size is shown in more than one of the publications described in paragraph S4, each tire of that size designation shall have a maximum load rating that is not less than the published maximum load rating, or if there are differing maximum load ratings for the same tire size designation, not less than the lowest published maximum load rating. V. Summary of MNA’s Petition: MNA described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, MNA submitted the following reasoning: (a) Application—The subject tires are marked with the correct maximum load 1, pressure, and load index, to ensure proper application. Additionally, the tires have the correct tread sticker label showing the correct size 1 The petitioner referred to ‘‘Light Load’’ meaning the maximum load and pressure specified by USTRA publications. VerDate Sep<11>2014 16:32 Apr 15, 2019 Jkt 247001 designation, part number, etc. to ensure proper application. (b) Usage—These tires are marketed as performance tires and normally used for competition events on tracks or autocross courses. Thus, the tires are normally operated at the lightest loads possible for performance optimization. (c) Other Markings—All other markings conform to the applicable regulations. (d) Performance—The subject tires meet all performance requirements of FMVSS No. 139. In the event, because of the missing ‘‘P’’ prefix, the tires are used to replace a 335/30ZR18 size tire, which has a higher load carrying capacity than a P335/30ZR18 tire, there should be no performance concerns.2 The tires have been tested to FMVSS No. 139 using the higher standard load as a basis and they fulfill all performance requirements. MNA concluded by expressing the belief that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and that its petition to be exempt from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 49 U.S.C. 30120, should be granted. VI. NHTSA’S Analysis: NHTSA has evaluated the merits of the inconsequential noncompliance petition submitted by MNA and has determined that this particular noncompliance is inconsequential to motor vehicle safety. Specifically, NHTSA considered the following factors when analyzing the risk to safety for these noncompliant tires: (a) Application—Because the subject tires are marked with the load in accordance with the USTRA publications, and certified to the higher load indicated by ETRTO and corresponding to the missing ‘‘P’’, the omission of the letter ‘‘P’’ would not have an impact on safety with respect to the application of the subject tires. With respect to the tires having a sticker showing the correct size designation, part number, and tire information at the point of sale, the agency does not find this information compelling in terms of granting this petition since once a tire is mounted on a vehicle, a motorist will rely on what is marked on the tire sidewall and not on the sticker at the point of sale. 2 The standard load index for size 335/30ZR18 tire is 102 according to the European Tyre and Rim Technical Organization (ETRTO) yearbook, which corresponds to a maximum load capacity of 850 kg. The P335/30ZR18 tire size according to the USTRA yearbook has a load index of 95, which corresponds to a maximum load capacity of 690 kg. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 (b) Usage—The petitioner contends that the subject tires are marketed and normally used for competition events on tracks or autocross courses. The petitioner further states that when used for competition events, the tires are normally used in a lightly loaded condition to optimize performance during the event. NHTSA does not find this argument compelling because the tires are available for purchase by the public and use of the tires in other circumstances, such as driving to and from such competition events with multiple passengers onboard, is foreseeable. (c) Other Markings—MNA states they properly marked the subject tires with the correct tire size, maximum pressure, intended load (1521 lbs/690 kgs), and load index. NHTSA finds these additional markings will mitigate the potential risk that consumers will load the tires to the higher load that applies to the ETRTO designation for tires having the same size, without the ‘‘P’’ designation. (d) Performance—MNA provided evidence that they certified these tires to FMVSS No. 139 using the ETRTO specifications required for tires without the ‘‘P’’ designation. NHTSA finds this a compelling argument to support that, in the event the tires are used with the ETRTO specification, due to the missing ‘‘P,’’ there is a basis to believe they would be safe. This basis data was provided to the Agency and indicates that the tires have been tested to the loads specified by ETRTO specifications and thus are able to perform safely using the USTRA specifications. Together, these factors have led NHTSA to conclude that it would be unlikely that an end user would disregard the tire load marked on the sidewall of the tire and instead rely on the load specified in the ETRTO yearbook. Furthermore, if a consumer were to load the tire to the load specified in the ETRTO books, the tires are designed and manufactured to comply with FMVSS No. 139 under those conditions, so there would be no increased risk to safety. VII. NHTSA’s Decision: In consideration of the foregoing, NHTSA has decided that Michelin North America has met its burden of persuasion that the FMVSS No. 139 noncompliance for the replacement tires identified in MNA’s Noncompliance Information Report is inconsequential to motor vehicle safety. Accordingly, MNA’s petition is hereby granted and MNA is consequently exempted from the obligation of providing notification of and free remedy for, that E:\FR\FM\16APN1.SGM 16APN1 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices noncompliance under 49 U.S.C. 30118 AND 30120. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, this decision only applies to the subject tires that MNA no longer controlled at the time it determined that the noncompliance existed. However, the granting of this petition does not relieve equipment distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant tires under their control after MNA notified them that the subject noncompliance existed. Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8). Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. [FR Doc. 2019–07520 Filed 4–15–19; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Notice of OFAC Sanctions Actions Office of Foreign Assets Control, Department of the Treasury. ACTION: Notice. AGENCY: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. DATES: See Supplementary Information section. khammond on DSKBBV9HB2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Licensing, tel.: 202–622– 2480; Assistant Director for Regulatory Affairs, tel.: 202–622–4855; Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622–2490; or the 16:32 Apr 15, 2019 Jkt 247001 Electronic Availability The Specially Designated Nationals and Blocked Persons List (SDN List) and additional information concerning OFAC sanctions programs are available on OFAC’s website (https:// www.treasury.gov/ofac). Notice of OFAC Actions Individual 1. CHAMS EXCHANGE COMPANY SAL (a.k.a. ALI MOHAMED CHAMS & PARTNER; a.k.a. ALI MOHAMED CHAMS AND PARTNER; a.k.a. CHAMS EXCHANGE), Sahata Choutra, Chtaura, Lebanon; Chams Building, 3rd Floor, Jalal, Chtaura, Zahle, Lebanon [SDNTK]. Designated pursuant to section 805(b)(2) of the Kingpin Act, for materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of Kassem CHAMS, a foreign person identified as a significant foreign narcotics trafficker pursuant to the Kingpin Act; also designated pursuant to section 805(b)(3) of the Kingpin Act for being owned, controlled, or directed by, or acting for or on behalf of. Kassem CHAMS, a foreign person identified as a significant foreign narcotics trafficker pursuant to the Kingpin Act. 2. CHAMS MONEY LAUNDERING ORGANIZATION (a.k.a. CHAMS MLO), Lebanon [SDNTK]. Designated pursuant Frm 00098 Dated: April 11, 2019. Andrea M. Gacki, Director, Office of Foreign Assets Control. [FR Doc. 2019–07548 Filed 4–15–19; 8:45 am] BILLING CODE 4810–AL–P Internal Revenue Service Publication of Nonconventional Source Production Credit Reference Price for Calendar Year 2018 Internal Revenue Service (IRS), Treasury. AGENCY: 1. CHAMS, Kassem (a.k.a. CHAMS, Qassim Muhammed; a.k.a. SHAMS, Kassem Mohammed; a.k.a. SHAMS, Qasim Muhammed), Hermel, Lebanon; Chams Building, 3rd Floor Jalal, Chtaura, Zahle, Lebanon; DOB 20 Mar 1962; POB Lebanon; citizen Lebanon; Gender Male (individual) [SDNTK] (Linked To: CHAMS MONEY LAUNDERING ORGANIZATION; Linked To: CHAMS EXCHANGE COMPANY SAL). Identified as a significant foreign narcotics trafficker pursuant to section 805(b)(1) of the Foreign Narcotics Kingpin Designation Act (‘‘Kingpin Act’’), 21 U.S.C. 1901(b)(1). PO 00000 to section 805(b)(3) of the Kingpin Act for being owned, controlled, or directed by, or acting for or on behalf of Kassem CHAMS, a foreign person identified as a significant foreign narcotics trafficker pursuant to the Kingpin Act. DEPARTMENT OF THE TREASURY On April 11, 2019, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked under the relevant sanctions authority listed below. Entities SUMMARY: VerDate Sep<11>2014 Department of the Treasury’s Office of the General Counsel: Office of the Chief Counsel (Foreign Assets Control), tel.: 202–622–2410. SUPPLEMENTARY INFORMATION: 15677 Fmt 4703 Sfmt 4703 ACTION: Notice. Publication of the reference price for the nonconventional source production credit for calendar year 2018. SUMMARY: FOR FURTHER INFORMATION CONTACT: Martha Garcia, CC:PSI:6, Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC 20224, Telephone Number (202) 317–6853 (not a toll-free number). The credit period for nonconventional source production credit ended on December 31, 2013 for facilities producing coke or coke gas (other than from petroleum based products). However, the reference price continues to apply in determining the amount of the enhanced oil recovery credit under section 43 of title 26 of the U.S.C., the marginal well production credit under section 45I of title 26 of the U.S.C., and the percentage depletion in case of oil and natural gas produced from marginal properties under section 613A of title 26 of the U.S.C. SUPPLEMENTARY INFORMATION: The reference price under section 45K(d)(2)(C) of title 26 of the U.S.C. for calendar year 2018 applies for purposes of sections 43, 45I, and 613A for taxable year 2019. Reference Price: The reference price under section 45K(d)(2)(C) for calendar year 2018 is $61.41. Christopher T. Kelley, Special Counsel, (Passthroughs and Special Industries). [FR Doc. 2019–07557 Filed 4–15–19; 8:45 am] BILLING CODE 4830–01–P E:\FR\FM\16APN1.SGM 16APN1

Agencies

[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Notices]
[Pages 15675-15677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07520]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0034; Notice 2]


Michelin North America, Inc., Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

-----------------------------------------------------------------------

SUMMARY: Michelin North America, Inc. (MNA), has determined that 
certain BFGoodrich gForce Rival S summer performance tires do not fully 
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New 
Pneumatic Radial Tires for Light Vehicles. MNA filed a noncompliance 
report dated April 17, 2017. MNA also petitioned NHTSA on May 5, 2017, 
for a decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. NHTSA is granting the petition for the 
reasons stated in this decision.

FOR FURTHER INFORMATION CONTACT: Abraham Diaz, Office of Vehicle Safety 
Compliance, NHTSA, telephone (202) 366-5310, facsimile (202) 366-5930.

SUPPLEMENTARY INFORMATION:
    I. Overview: MNA has determined that certain BFGoodrich gForce 
Rival S summer performance tires do not fully comply with paragraph 
S5.2(d) of FMVSS No. 139, New Pneumatic Radial Tires for Light Vehicles 
(49 CFR 571.139). MNA filed a noncompliance report dated April 17, 
2017, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. MNA also petitioned NHTSA on May 5, 2017, 
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an 
exemption from the notification and remedy requirements of 49 U.S.C. 
Chapter 301 on the basis that this noncompliance is inconsequential as 
it relates to motor vehicle safety.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on July 11, 2017, in the Federal Register (82 FR 
32049). No

[[Page 15676]]

comments were received. To view the petition and all supporting 
documents, log onto the Federal Docket Management System (FDMS) website 
at: http://www.regulations.gov/. Then follow the online search 
instructions to locate docket number ``NHTSA-2017-0034.''
    II. Tires Involved: Approximately 370 BFGoodrich gForce Rival S 
summer performance tires, size P335/30ZR18 95W LL, manufactured between 
March 2, 2017, and March 30, 2017, are potentially involved.
    III. Noncompliance: MNA explains that the noncompliance is that the 
tire size designation markings on the sidewalls of the subject tires do 
not contain the tire type code designator symbol from the United States 
Tire and Rim Association (USTRA) yearbook, as required by paragraph 
S5.2(d) of FMVSS No. 139. Specifically, the subject tire size reads 
``335/30ZR18 95W LL'' but should read ``P335/30ZR18 95W LL.''
    IV. Rule Requirements: Paragraph S5.2(d) of FMVSS No. 139 titled 
``Performance Requirements'' includes the requirements relevant to this 
petition:
    Each tire shall conform to each of the following:
     Its load rating shall be that specified either in a 
submission made by an individual manufacturer, pursuant to paragraph 
S4, or in one of the publications described in paragraph S4 for its 
size designation, type and each appropriate inflation pressure.
     If the maximum load rating for a particular tire size is 
shown in more than one of the publications described in paragraph S4, 
each tire of that size designation shall have a maximum load rating 
that is not less than the published maximum load rating, or if there 
are differing maximum load ratings for the same tire size designation, 
not less than the lowest published maximum load rating.
    V. Summary of MNA's Petition: MNA described the subject 
noncompliance and stated its belief that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    In support of its petition, MNA submitted the following reasoning:
    (a) Application--The subject tires are marked with the correct 
maximum load \1\, pressure, and load index, to ensure proper 
application. Additionally, the tires have the correct tread sticker 
label showing the correct size designation, part number, etc. to ensure 
proper application.
---------------------------------------------------------------------------

    \1\ The petitioner referred to ``Light Load'' meaning the 
maximum load and pressure specified by USTRA publications.
---------------------------------------------------------------------------

    (b) Usage--These tires are marketed as performance tires and 
normally used for competition events on tracks or autocross courses. 
Thus, the tires are normally operated at the lightest loads possible 
for performance optimization.
    (c) Other Markings--All other markings conform to the applicable 
regulations.
    (d) Performance--The subject tires meet all performance 
requirements of FMVSS No. 139. In the event, because of the missing 
``P'' prefix, the tires are used to replace a 335/30ZR18 size tire, 
which has a higher load carrying capacity than a P335/30ZR18 tire, 
there should be no performance concerns.\2\ The tires have been tested 
to FMVSS No. 139 using the higher standard load as a basis and they 
fulfill all performance requirements.
---------------------------------------------------------------------------

    \2\ The standard load index for size 335/30ZR18 tire is 102 
according to the European Tyre and Rim Technical Organization 
(ETRTO) yearbook, which corresponds to a maximum load capacity of 
850 kg. The P335/30ZR18 tire size according to the USTRA yearbook 
has a load index of 95, which corresponds to a maximum load capacity 
of 690 kg.
---------------------------------------------------------------------------

    MNA concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempt from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    VI. NHTSA'S Analysis: NHTSA has evaluated the merits of the 
inconsequential noncompliance petition submitted by MNA and has 
determined that this particular noncompliance is inconsequential to 
motor vehicle safety. Specifically, NHTSA considered the following 
factors when analyzing the risk to safety for these noncompliant tires:
    (a) Application--Because the subject tires are marked with the load 
in accordance with the USTRA publications, and certified to the higher 
load indicated by ETRTO and corresponding to the missing ``P'', the 
omission of the letter ``P'' would not have an impact on safety with 
respect to the application of the subject tires. With respect to the 
tires having a sticker showing the correct size designation, part 
number, and tire information at the point of sale, the agency does not 
find this information compelling in terms of granting this petition 
since once a tire is mounted on a vehicle, a motorist will rely on what 
is marked on the tire sidewall and not on the sticker at the point of 
sale.
    (b) Usage--The petitioner contends that the subject tires are 
marketed and normally used for competition events on tracks or 
autocross courses. The petitioner further states that when used for 
competition events, the tires are normally used in a lightly loaded 
condition to optimize performance during the event. NHTSA does not find 
this argument compelling because the tires are available for purchase 
by the public and use of the tires in other circumstances, such as 
driving to and from such competition events with multiple passengers 
onboard, is foreseeable.
    (c) Other Markings--MNA states they properly marked the subject 
tires with the correct tire size, maximum pressure, intended load (1521 
lbs/690 kgs), and load index. NHTSA finds these additional markings 
will mitigate the potential risk that consumers will load the tires to 
the higher load that applies to the ETRTO designation for tires having 
the same size, without the ``P'' designation.
    (d) Performance--MNA provided evidence that they certified these 
tires to FMVSS No. 139 using the ETRTO specifications required for 
tires without the ``P'' designation. NHTSA finds this a compelling 
argument to support that, in the event the tires are used with the 
ETRTO specification, due to the missing ``P,'' there is a basis to 
believe they would be safe. This basis data was provided to the Agency 
and indicates that the tires have been tested to the loads specified by 
ETRTO specifications and thus are able to perform safely using the 
USTRA specifications.
    Together, these factors have led NHTSA to conclude that it would be 
unlikely that an end user would disregard the tire load marked on the 
sidewall of the tire and instead rely on the load specified in the 
ETRTO yearbook. Furthermore, if a consumer were to load the tire to the 
load specified in the ETRTO books, the tires are designed and 
manufactured to comply with FMVSS No. 139 under those conditions, so 
there would be no increased risk to safety.
    VII. NHTSA's Decision: In consideration of the foregoing, NHTSA has 
decided that Michelin North America has met its burden of persuasion 
that the FMVSS No. 139 noncompliance for the replacement tires 
identified in MNA's Noncompliance Information Report is inconsequential 
to motor vehicle safety. Accordingly, MNA's petition is hereby granted 
and MNA is consequently exempted from the obligation of providing 
notification of and free remedy for, that

[[Page 15677]]

noncompliance under 49 U.S.C. 30118 AND 30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, this decision 
only applies to the subject tires that MNA no longer controlled at the 
time it determined that the noncompliance existed. However, the 
granting of this petition does not relieve equipment distributors and 
dealers of the prohibitions on the sale, offer for sale, or 
introduction or delivery for introduction into interstate commerce of 
the noncompliant tires under their control after MNA notified them that 
the subject noncompliance existed.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8).

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-07520 Filed 4-15-19; 8:45 am]
BILLING CODE 4910-59-P