Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 50949-50951 [2021-19626]
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50949
Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Notices
no more than twelve passengers for hire.
A request for such a determination has
been received by MARAD. By this
notice, MARAD seeks comments from
interested parties as to any effect this
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. Information about the
requestor’s vessel, including a brief
description of the proposed service, is
listed below.
DATES: Submit comments on or before
October 13, 2021.
ADDRESSES: You may submit comments
identified by DOT Docket Number
MARAD–2021–0199 any one of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Search
MARAD–2021–0199 and follow the
instructions for submitting comments.
• Mail or Hand Delivery: Docket
Management Facility is in the West
Building, Ground Floor of the U.S.
Department of Transportation. The
Docket Management Facility location
address is: U.S. Department of
Transportation, MARAD–2021–0199,
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.
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, or to submit
comments that are confidential in
nature, see the section entitled Public
Participation.
FOR FURTHER INFORMATION CONTACT:
lotter on DSK11XQN23PROD with NOTICES1
James Mead, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE, Room W23–459,
Washington, DC 20590. Telephone:
202–366–5723, Email: James.Mead@
dot.gov.
As
described in the application, the
intended service of the vessel LA LA
LAND is:
—Intended Commercial Use of Vessel:
‘‘Day or extended charter for private
corporate groups.’’
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:39 Sep 10, 2021
Jkt 253001
—Geographic Region Including Base of
Operations: ‘‘Primary—California.
Possible—Oregon, Washington,
Alaska.’’ (Base of Operations: Vallejo,
CA).
—Vessel Length and Type: 96′ Motor.
The complete application is available
for review identified in the DOT docket
as MARAD 2021–0199 at https://
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 employment of the vessel
in the coastwise trade to carry no more
than 12 passengers will have an unduly
adverse effect on a U.S.-vessel builder or
a business that uses U.S.-flag vessels in
that business, MARAD will not issue an
approval of the vessel’s coastwise
endorsement eligibility. Comments
should refer to the vessel name, state the
commenter’s interest in the application,
and address the eligibility 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
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.
Where do I go to read public comments,
and find supporting information?
claim to be confidential commercial
information by email to SmallVessels@
dot.gov. Include in the email subject
heading ‘‘Contains Confidential
Commercial Information’’ or ‘‘Contains
CCI’’ and state in your submission, with
specificity, the basis for any such
confidential claim highlighting or
denoting the CCI portions. If possible,
please provide a summary of your
submission that can be made available
to the public.
In the event MARAD receives a
Freedom of Information Act (FOIA)
request for the information, procedures
described in the Department’s FOIA
regulation at 49 CFR 7.29 will be
followed. Only information that is
ultimately determined to be confidential
under those procedures will be exempt
from disclosure under FOIA.
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.
(Authority: 49 CFR 1.93(a), 46 U.S.C. 55103,
46 U.S.C. 12121)
*
*
*
*
*
By Order of the Acting Maritime
Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2021–19646 Filed 9–10–21; 8:45 am]
Go to the docket online at https://
www.regulations.gov, keyword search
MARAD–2021–0199 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.
BILLING CODE 4910–81–P
Will my comments be made available to
the public?
Michelin North America, Inc., Receipt
of Petition for Decision of
Inconsequential Noncompliance
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 the information you
PO 00000
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2020–0092; Notice 1]
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Michelin North America, Inc.
(MNA) has determined that certain
Michelin CrossClimate SUV
SUMMARY:
E:\FR\FM\13SEN1.SGM
13SEN1
lotter on DSK11XQN23PROD with NOTICES1
50950
Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Notices
replacement 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 July 31, 2020, and
subsequently petitioned NHTSA on
August 21, 2020, for a decision that the
subject noncompliance is
inconsequential as it relates to motor
vehicle safety. This notice announces
receipt of MNA’s petition.
DATES: Send comments on or before
October 13, 2021.
ADDRESSES: Interested persons are
invited to submit written data, views,
and arguments on this petition.
Comments must refer to the docket and
notice number cited in the title of this
notice and submitted by any of the
following methods:
• Mail: Send comments by mail
addressed to the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver comments
by hand to the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590. The Docket
Section is open on weekdays from 10
a.m. to 5 p.m. except for Federal
holidays.
• Electronically: Submit comments
electronically by logging onto the
Federal Docket Management System
(FDMS) website at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
• Comments may also be faxed to
(202) 493–2251.
Comments must be written in the
English language, and be no greater than
15 pages in length, although there is no
limit to the length of necessary
attachments to the comments. If
comments are submitted in hard copy
form, please ensure that two copies are
provided. If you wish to receive
confirmation that comments you have
submitted by mail were received, please
enclose a stamped, self-addressed
postcard with the comments. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
All comments and supporting
materials received before the close of
business on the closing date indicated
above will be filed in the docket and
will be considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the fullest extent
possible.
VerDate Sep<11>2014
17:39 Sep 10, 2021
Jkt 253001
When the petition is granted or
denied, notice of the decision will also
be published in the Federal Register
pursuant to the authority indicated at
the end of this notice.
All comments, background
documentation, and supporting
materials submitted to the docket may
be viewed by anyone at the address and
times given above. The documents may
also be viewed on the internet at https://
www.regulations.gov by following the
online instructions for accessing the
docket. The docket ID number for this
petition is shown in the heading of this
notice.
DOT’s complete Privacy Act
Statement is available for review in a
Federal Register notice published on
April 11, 2000 (65 FR 19477–78).
SUPPLEMENTARY INFORMATION:
I. Overview
MNA has determined that certain
Michelin CrossClimate SUV
replacement tires do not fully comply
with the requirements of paragraphs
S5.5(e) and (f) of FMVSS No. 139, New
Pneumatic Radial Tires for Light
Vehicles (49 CFR 571.139). MNA filed a
noncompliance report dated July 31,
2020, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. MNA
subsequently petitioned NHTSA on
August 21, 2020, 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, pursuant to 49 U.S.C.
30118(d) and 30120(h) and 49 CFR part
556, Exemption for Inconsequential
Defect or Noncompliance.
This notice of receipt of MNA’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any Agency decision or other exercise of
judgment concerning the merits of the
petition.
II. Tires Involved
Approximately 884 Michelin
CrossClimate SUV replacement tires,
size 235/55R17 99V, manufactured
between October 20, 2019, and
November 30, 2019, are potentially
involved.
III. Noncompliance
MNA explains that the
noncompliance is due to a mold error
and that as a result, the number of tread
plies indicated on the sidewall of the
subject tires does not match the actual
number of plies in the tire construction
as required by paragraphs S5.5(e) and (f)
of FMVSS No. 139. Specifically, the
tires were marked ‘‘Tread Plies: 2
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
Polyester + 2 Steel + 1 Polyamide;
Sidewall: 2 Polyester’’ when they
should have been marked ‘‘Tread Plies:
1 Polyester + 2 Steel + 1 Polyamide;
Sidewall: 1 Polyester.’’
IV. Rule Requirements
Paragraphs S5.5(e) and (f) of FMVSS
No. 139 include the requirements
relevant to this petition. Each tire must
be marked on each sidewall with the
information specified in paragraphs
S5.5(a) through (d) and on one sidewall
with the information specified in
paragraphs S5.5(e) through (i) according
to the phase-in schedule specified in
paragraph S7 of FMVSS No. 139.
Specifically, each tire should be marked
with the generic name of each cord
material used in the plies (both sidewall
and tread area) of the tire and the actual
number of plies in the sidewall, and the
actual number of plies in the tread area,
if different.
V. Summary of MNA’s Petition
The following views and arguments
presented in this section, ‘‘V. Summary
of MNA’s Petition,’’ are the views and
arguments provided by MNA. They
have not been evaluated by the Agency
and do not reflect the views of the
Agency. MNA describes the subject
noncompliance and contends that the
noncompliance is inconsequential as it
relates to motor vehicle safety.
In support of its petition, MNA
submitted the following reasoning:
1. Operational Safety
a. Tire performance—MNA says that
the subject tires have been designed as
a single ply construction. The
mismarked tires have been
manufactured according to the design
specification. These tires fully comply
with MNA performance requirements as
well as with all applicable FMVSS tire
safety performance standards and
related requirements.
b. Tire application—MNA claims that
the mismarked ply information has no
direct impact on tire application. The
tires are properly marked with all other
FMVSS required information including
the tire size designation, maximum
load, and maximum inflation pressure.
These markings provide both dealers
and consumers with the necessary
information to ensure proper selection
and application of the tires.
c. Tire repair and retread—MNA also
says that concerns related to the safety
of tire repair and retread personnel have
been previously raised for filings
involving steel carcass ply tires. The
CrossClimate SUV is a passenger car,
sport utility, and light truck tire line
with a polyester carcass. The tire is not
E:\FR\FM\13SEN1.SGM
13SEN1
Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Notices
intended for retreading. The concern for
service personnel related to steel carcass
construction is not relevant for this tire
line.
2. Corrective Measures
a. Upon identification of the
mismarking, MNA instituted a block on
the affected sku. A total of 782 tires
were captured and retained in MNA
inventory. These tires will be repaired
to display the correct single ply
marking, or they will be scrapped.
b. The tire specification drawing has
been corrected and the mold plate has
been updated to show the correct single
ply marking. All tires currently being
produced have the correct marking.
3. Prior NHTSA Decisions
lotter on DSK11XQN23PROD with NOTICES1
MNA states that NHTSA has
concluded in other petitions related to
the number of plies marking that this
type of noncompliance is
inconsequential to safety. Examples of
prior decisions include:
• Sumitomo Rubber Industries, Ltd., 83
FR 13002 (March 26, 2018)
• Continental Tire the Americas, LLC,
83 FR 36668 (July 30, 2018)
• Cooper Tire & Rubber Company, 82
FR 17075 (April 7, 2017)
• Hankook Tire America Corp., 79 FR
30688 (May 28, 2014)
• Bridgestone Americas Tire
Operations, LLC, 78 FR 47049 (August
2, 2013).
MNA concludes by again contending
that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety, and that its petition to be
exempted from providing notification of
the noncompliance, as required by 49
U.S.C. 30118, and a remedy for the
VerDate Sep<11>2014
17:39 Sep 10, 2021
Jkt 253001
noncompliance, as required by 49
U.S.C. 30120, be granted.
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, any
decision on this petition only applies to
the subject tires that MNA no longer
controlled at the time it determined that
the noncompliance existed. However,
any decision on 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.
ACTION:
50951
Notice.
The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of one or more persons that have been
placed on OFAC’s Specially Designated
Nationals and Blocked Persons List
(SDN 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 for effective date(s).
FOR FURTHER INFORMATION CONTACT:
OFAC: Andrea M. Gacki, Director, tel.:
202–622–2480; 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;
or the Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202–622–
2490.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Availability
BILLING CODE 4910–59–P
The Specially Designated Nationals
and Blocked Persons List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (www.treasury.gov/ofac).
DEPARTMENT OF THE TREASURY
Notice of OFAC Actions
[FR Doc. 2021–19626 Filed 9–10–21; 8:45 am]
Office of Foreign Assets Control
Notice of OFAC Sanctions Actions
Office of Foreign Assets
Control, Treasury.
AGENCY:
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
On September 3, 2021, OFAC
determined that the property and
interests in property subject to U.S.
jurisdiction of the following persons are
blocked under the relevant sanctions
authorities listed below.
E:\FR\FM\13SEN1.SGM
13SEN1
Agencies
[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Notices]
[Pages 50949-50951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19626]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0092; Notice 1]
Michelin North America, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
-----------------------------------------------------------------------
SUMMARY: Michelin North America, Inc. (MNA) has determined that certain
Michelin CrossClimate SUV
[[Page 50950]]
replacement 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 July 31, 2020, and
subsequently petitioned NHTSA on August 21, 2020, for a decision that
the subject noncompliance is inconsequential as it relates to motor
vehicle safety. This notice announces receipt of MNA's petition.
DATES: Send comments on or before October 13, 2021.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
Comments may also be faxed to (202) 493-2251.
Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the docket. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).
SUPPLEMENTARY INFORMATION:
I. Overview
MNA has determined that certain Michelin CrossClimate SUV
replacement tires do not fully comply with the requirements of
paragraphs S5.5(e) and (f) of FMVSS No. 139, New Pneumatic Radial Tires
for Light Vehicles (49 CFR 571.139). MNA filed a noncompliance report
dated July 31, 2020, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. MNA subsequently petitioned
NHTSA on August 21, 2020, 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,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
Exemption for Inconsequential Defect or Noncompliance.
This notice of receipt of MNA's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any Agency decision or
other exercise of judgment concerning the merits of the petition.
II. Tires Involved
Approximately 884 Michelin CrossClimate SUV replacement tires, size
235/55R17 99V, manufactured between October 20, 2019, and November 30,
2019, are potentially involved.
III. Noncompliance
MNA explains that the noncompliance is due to a mold error and that
as a result, the number of tread plies indicated on the sidewall of the
subject tires does not match the actual number of plies in the tire
construction as required by paragraphs S5.5(e) and (f) of FMVSS No.
139. Specifically, the tires were marked ``Tread Plies: 2 Polyester + 2
Steel + 1 Polyamide; Sidewall: 2 Polyester'' when they should have been
marked ``Tread Plies: 1 Polyester + 2 Steel + 1 Polyamide; Sidewall: 1
Polyester.''
IV. Rule Requirements
Paragraphs S5.5(e) and (f) of FMVSS No. 139 include the
requirements relevant to this petition. Each tire must be marked on
each sidewall with the information specified in paragraphs S5.5(a)
through (d) and on one sidewall with the information specified in
paragraphs S5.5(e) through (i) according to the phase-in schedule
specified in paragraph S7 of FMVSS No. 139. Specifically, each tire
should be marked with the generic name of each cord material used in
the plies (both sidewall and tread area) of the tire and the actual
number of plies in the sidewall, and the actual number of plies in the
tread area, if different.
V. Summary of MNA's Petition
The following views and arguments presented in this section, ``V.
Summary of MNA's Petition,'' are the views and arguments provided by
MNA. They have not been evaluated by the Agency and do not reflect the
views of the Agency. MNA describes the subject noncompliance and
contends that the noncompliance is inconsequential as it relates to
motor vehicle safety.
In support of its petition, MNA submitted the following reasoning:
1. Operational Safety
a. Tire performance--MNA says that the subject tires have been
designed as a single ply construction. The mismarked tires have been
manufactured according to the design specification. These tires fully
comply with MNA performance requirements as well as with all applicable
FMVSS tire safety performance standards and related requirements.
b. Tire application--MNA claims that the mismarked ply information
has no direct impact on tire application. The tires are properly marked
with all other FMVSS required information including the tire size
designation, maximum load, and maximum inflation pressure. These
markings provide both dealers and consumers with the necessary
information to ensure proper selection and application of the tires.
c. Tire repair and retread--MNA also says that concerns related to
the safety of tire repair and retread personnel have been previously
raised for filings involving steel carcass ply tires. The CrossClimate
SUV is a passenger car, sport utility, and light truck tire line with a
polyester carcass. The tire is not
[[Page 50951]]
intended for retreading. The concern for service personnel related to
steel carcass construction is not relevant for this tire line.
2. Corrective Measures
a. Upon identification of the mismarking, MNA instituted a block on
the affected sku. A total of 782 tires were captured and retained in
MNA inventory. These tires will be repaired to display the correct
single ply marking, or they will be scrapped.
b. The tire specification drawing has been corrected and the mold
plate has been updated to show the correct single ply marking. All
tires currently being produced have the correct marking.
3. Prior NHTSA Decisions
MNA states that NHTSA has concluded in other petitions related to
the number of plies marking that this type of noncompliance is
inconsequential to safety. Examples of prior decisions include:
Sumitomo Rubber Industries, Ltd., 83 FR 13002 (March 26, 2018)
Continental Tire the Americas, LLC, 83 FR 36668 (July 30,
2018)
Cooper Tire & Rubber Company, 82 FR 17075 (April 7, 2017)
Hankook Tire America Corp., 79 FR 30688 (May 28, 2014)
Bridgestone Americas Tire Operations, LLC, 78 FR 47049 (August
2, 2013).
MNA concludes by again contending that the subject noncompliance is
inconsequential as it relates to motor vehicle safety, and that its
petition to be exempted 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, be granted.
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, any decision on
this petition only applies to the subject tires that MNA no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on 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. 2021-19626 Filed 9-10-21; 8:45 am]
BILLING CODE 4910-59-P