Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 43733 

time of entry. Also included is the 

petition that an RI or manufacturer may 

submit to NHTSA for the agency to 

decide that a vehicle that was not 

originally manufactured to comply with 

all applicable FMVSS is capable of 

being modified to conform to those 

standards and is therefore eligible for 

importation under 49 U.S.C. 30141. The 

information collection also includes 

applications that are filed with NHTSA 

for permission to import nonconforming 

vehicles for purposes of research, 

investigations, demonstrations, training, 

competitive racing events, and show or 

display, as well as applications 

requesting that the agency recognize 

vehicles manufactured for racing 

purposes as being qualified to be 

imported as vehicles that were not 

primarily manufactured for use on 

public roads, precluding the need for 

those vehicles to comply with the 

FMVSS. This information collection is 

necessary to ensure that motor vehicles 

and motor vehicle equipment subject to 

the Federal motor vehicle safety, 

bumper, and theft prevention standards 

are lawfully imported into the United 

States and that RIs and applicants for RI 

status are capable of meeting their 

obligations under the statutes and 

regulations governing the importation of 

nonconforming vehicles. 

Affected Public: Individuals and 

commercial entities that import motor 

vehicles or motor vehicle equipment 

subject to the FMVSS and vehicles that 

are not primarily manufactured for use 

on public roads, as well as applicants 

for RI status and existing RIs. 

Estimated Total Annual Burden: 

252,622 hours; $9,880,590. 

ADDRESS: Send comments, within 30 

days, to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street NW, Washington, DC 20503, 

Attention NHTSA Desk Officer. 

Comments are invited on: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimate of the burden 

of the proposed information collection; 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

A comment to OMB is most effective 

if OMB receives it within 30 days of 

publication. 

Michael A. Cole, 

Acting Director, Office of Vehicle Safety 

Compliance. 

[FR Doc. 2018–18423 Filed 8–24–18; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2018–0062] 

Denial of Motor Vehicle Defect Petition 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Denial of petition for a defect 

investigation. 

SUMMARY: This is a notice of denial of 

a petition submitted to the National 

Highway Traffic Safety Administration 

(NHTSA) under 49 U.S.C. 30162, 

requesting that the Agency commence a 

proceeding to determine the existence of 

a defect related to motor vehicle safety 

in Michelin Model XZU–3, size 305/85/ 

R22.5 Load Range J transit bus tires. 

After a review of the petition and other 

information, NHTSA has concluded that 

a defects investigation is unlikely to 

result in a finding that a defect related 

to motor vehicle safety exists, or a 

NHTSA order for the notification and 

remedy of a safety related defect as 

alleged, at the conclusion of the 

requested investigation. 

FOR FURTHER INFORMATION CONTACT: 

Bruce York, Medium & Heavy Duty 

Vehicle Division, Office of Defects 

Investigation, NHTSA, 1200 New Jersey 

Ave. SE, Washington, DC 20590. Email: 

Bruce.York@dot.gov. 

SUPPLEMENTARY INFORMATION: By letter 

dated July 14, 2016, Paul Koleber from 

Intercity Transit wrote to NHTSA 

requesting that the Agency investigate 

the existence of a defect related to motor 

vehicle safety in Michelin Model XZU– 

3, size 305/85/R22.5 Load Range J 

transit bus tires. Mr. Koleber alleges the 

tires are structurally unsound and that 

this defect can result in sidewall 

blowouts at any time whether the tires 

are new or re-tread. Mr. Koleber stated 

that Michelin had previously recalled 

similar tires (12T–009) and the Intercity 

Transit fleet experienced failures with 

the same characteristics as those 

specified in the recall. Mr. Koleber 

submitted a forensics lab report from 

CASE Forensics to support his 

allegation. 

NHTSA has reviewed the material 

provided by the petitioner and other 

information. The results of this review 

and NHTSA’s analysis of the petition 

are set forth in the DP17–001 Evaluation 

Report, published in its entirety as an 

appendix to this notice. 

For the reasons presented in the 

DP17–001 Evaluation Report, it is 

unlikely that a defects investigation will 

result in a finding that a defect related 

to motor vehicle safety exists. It is also 

unlikely that an order for the 

notification and remedy of a safetyrelated defect would be issued as a 

result of granting Mr. Koleber’s request. 

Therefore, the petition is denied. This 

action does not constitute a finding by 

NHTSA that a safety related defect does 

not exist. The Agency will take further 

action if warranted by future 

circumstances. 

Authority: 49 U.S.C. 30162(d); delegations 

of authority at CFR 1.50 and 501.8. 

Jeffrey M. Giuseppe, 

Associate Administrator for Enforcement. 

Nate Seymour 

Safety Defects Engineer 

NEF–106ns 

DP17–001 

BASIS: 

Paul Koleber, from Intercity Transit 

petitioned the National Highway Traffic 

Safety Administration (NHTSA) by 

letter dated July 14, 2016, requesting 

that a defect investigation be conducted 

concerning motor vehicle safety in 

Michelin Model XZU–3, size 305/85/ 

R22.5 Load Range J transit bus tires. The 

facts described in this report are based 

on the Office of Defect Investigations’ 

(ODI) assessment of the information 

provided by the petitioner and 

information gathered by ODI from 

relevant sources. 

The petitioner alleged that a defect 

exists involving the design of tires used 

in commercial bus operations which 

have resulted in rapid air loss. The 

petitioner claimed that failures identical 

to those described in recall 12T–009 

have happened on the subject post 

recall tires. The petitioner stated that 

failures occurred on steer and drive 

wheel positions of both new and retread 

tires. The petitioner hired a forensics lab 

to perform scientific failure analysis of 

failed tires. The lab concluded the tires 

were of similar design and construction 

to those in recall 12T–009 and that the 

failures were caused by corrosion 

induced degradation of the ply strands. 

DESCRIPTION OF TIRE: 

The subject tires are Michelin XZU– 

3, size 305/85/R22.5 Load Range J 

transit bus tires. They are designed to be 


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43734 Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 

used in all wheel positions for urban 

operations involving frequent stopping 

and starting. The tread pattern is nondirectional and designed for efficient 

traction on wet and slippery surfaces 

through Michelin’s patented Matrix 

Siping technology. The tires have a 

robust casing and bead design to allow 

for retreading. The sidewalls are extra 

thick to resist curb scrub and include 

scrub depth indicators to aid inspection 

of the tires to help extend casing life. 

OWNER REPORTS: 

The Office of Defects Investigation 

received two (2) complaints related to 

Michelin XZU–3 transit bus tires. The 

first Vehicle Owner’s Questionnaire 

(VOQ) was received in April 2012, the 

same month that voluntary recall 12T– 

009 was received from Michelin. A 

second VOQ was received in April 

2017, one month after DP17–001 was 

opened to assess failures on Michelin 

XZU–3 transit bus tires. Both reports 

were submitted by transit fleets. Neither 

VOQ alleged any crashes, injuries or 

fatalities. 

ANALYSIS: 

On March 23, 2017, ODI sent 

Michelin an Information Request letter 

asking for information related to the 

subject tires. Michelin’s response was 

received May 5, 2017, where design and 

application data were presented. ODI’s 

assessment of that data follows. 

Michelin reported a tire population 

(2012–2014 production) of 17,487 

subject tires. The subject tire was 

discontinued in 2014, upon the 

introduction of the X InCity Z 305/ 

85R22.5 LRJ tire, which offers increased 

scrub resistance. The initial tread life of 

the subject tire is expected to range from 

60,000 to 100,000 miles. The casing life 

is expected to range from two (2) to four 

(4) years, with one (1) to three (3) 

retread applications. Therefore, a 

limited number of subject tires are 

believed to still be in service. 

When asked how Michelin 

determined the recall population for 

12T–009, Michelin stated that the bead 

design of the recalled tires had 

undergone a design change. A reduction 

in the number of strands was 

determined to be the cause of failures 

associated with recall 12T–009. Once 

the defect was identified, Michelin 

reinstated the original bead design 

specification, which marked the 

endpoint of the recall population. The 

scope of the recalled tires included tires 

manufactured from the date of the bead 

design change through the date when 

the design was changed back to the 

original specification. 

The tires identified by the petitioner 

were produced after the bead design 

was corrected. 

Michelin queried its databases and 

found no complaints and one claim for 

property damage on tires manufactured 

after the 12T–009 recall scope. Michelin 

denied this claim based on the 

following. Michelin evaluated twelve 

(12) tires from the fleet. All had been 

retreaded one time, but not at a 

Michelin Retread Technologies (MRT) 

approved facility. Michelin’s analysis of 

the tires revealed operational or 

maintenance failures in ten (10) of the 

twelve (12) tires. These tires had high 

levels of moisture and damage or 

evidence of damage repair adjacent to 

the rupture. The combination of these 

conditions allows for corrosion to 

develop in the belt package, which leads 

to failure. The other two (2) could not 

be determined. ODI queried its database 

and found one (1) Vehicle Owner 

Questionnaire (VOQ) related to the 

subject population, which was received 

after the investigation was opened. In 

March 2017, Michelin visited the fleet 

that submitted the VOQ, and analyzed 

its tires. Similar to the property damage 

claim above, an MRT was not used. Nor 

was an air dryer for tire inflation. This 

leaves in question the integrity of the 

casings and moisture content which is 

detrimental to tire life. Michelin 

submitted to ODI, inspection 

documentation. Reports of the tires 

showed signs of overloading. Personnel 

interviews supported these findings as 

the fleet followed the vehicle 

manufacturer’s recommended inflation 

pressure, which is known to be 

inadequate for true operational loads on 

the specific vehicles operated by the 

fleet. 

MRT facilities utilize inspection 

equipment not available to out of 

network retread facilities. The use of 

Grazing Light Inspection, X-ray, and 

Casing Integrity Analyzer (CIA) 

minimize the risk of tire failure after 

retreading. MRT facilities also utilize 

approved processes to repair tire 

damage prior to retreading to prevent 

moisture from entering the belt package. 

The Altoona Bus Study, Michelin’s 

weight study of fleet buses, and ODI’s 

weight study are all in agreement. Each 

independently found that the Gillig Low 

Floor 40′ transit bus as used by the 

petitioner and other fleets would be 

overloaded with a foreseeable load. 

And, the greatest overloading would 

occur at the left rear wheel-end. ODI 

went further to assess the average 

passenger weight. ODI found that the 

150-pound weight specified in the Code 

of Federal Regulations (CFR), 49 C.F.R. 

Part 567.4(g)(3) and Subtitle B-Chapter 

VI Part 665 Subpart A is not 

representative of today’s population. 

The 150-pound value was established in 

1971 based on data derived from the 

National Health Examination Survey 

from 1960–1962. A more recent value 

from the National Center for Health 

Statistics determined the average male 

and female weight to be 195 and 165 

respectively. In both cases, the study 

participants were not truck/bus drivers 

or transit passengers. ODI notes that a 

luggage allowance for each passenger is 

necessary given the vehicle usage. ODI 

also surveyed heavy vehicle 

manufacturers to learn what design 

weight they use for the driver. 

Responses ranged from 150 to 312 

pounds depending on market. The 

Federal Transit Authority (FTA) 

initiated a Notice of Proposed 

Rulemaking (NPRM) action in 2011, to 

increase the average passenger weight 

and standing passenger floor space 

square footage, but this rule was never 

enacted. 

As required by 49 CFR part 567, the 

vehicle manufacturer is responsible for 

the data on the vehicle certification 

label. The manufacturer will set the tire 

pressure based on the anticipated axle 

load. The anticipated loads will drive 

the selection of components to meet the 

owner’s specifications. 

Michelin released a Technical 

Bulletin in November 2015, 

recommending 120 psi be used in all 

subject tires. Michelin met with Gillig in 

January 2016, and recommended the use 

of 315/80R22.5 tires and an inflation 

pressure of 120 psi to provide sufficient 

load-carrying capacity to support actual 

loads. Gillig, who produced the 

petitioner’s buses, elected not to adopt 

this action. 

CONCLUSION: 

Based on the available information 

and previous agency experience, ODI 

believes the tires manufactured after 

those identified in recall 12T–009 failed 

as a result of overloading by the fleets 

operating the buses. In our view, a 

defects investigation is unlikely to result 

in a finding that a defect related to 

motor vehicle safety exists, or a NHTSA 

order for the notification and remedy of 

a safety related defect as alleged, at the 

conclusion of the requested 

investigation. Therefore, given a 

thorough analysis of the potential for 

finding a safety related defect in the 

vehicle, and in view of NHTSA’s 

enforcement priorities and its previous 

investigations into this issue, the 

petition is denied. This action does not 

constitute a finding by NHTSA that a 

safety related defect does not exist. The 


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Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 43735 

Agency will take further action if 

warranted by future circumstances. 

RECOMMENDATION: 

Deny the petition. 

CONCUR: 

Bruce York, Chief 

Medium and Heavy Duty Vehicle 

Defects & Assessment Division 

[FR Doc. 2018–18506 Filed 8–24–18; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

[Docket ID OCC–2018–0024] 

Mutual Savings Association Advisory 

Committee and Minority Depository 

Institutions Advisory Committee 

AGENCY: Office of the Comptroller of the 

Currency, Department of the Treasury 

(OCC). 

ACTION: Request for nominations. 

SUMMARY: The OCC is seeking 

nominations for members of the Mutual 

Savings Association Advisory 

Committee (MSAAC) and the Minority 

Depository Institutions Advisory 

Committee (MDIAC). The MSAAC and 

the MDIAC assist the OCC in assessing 

the needs and challenges facing mutual 

savings associations and minority 

depository institutions, respectively. 

The OCC is seeking nominations of 

individuals who are officers and/or 

directors of federal mutual savings 

associations, or officers and/or directors 

of federal stock savings associations that 

are part of a mutual holding company 

structure, to be considered for selection 

as MSAAC members. The OCC also is 

seeking nominations of individuals who 

are officers and/or directors of OCCregulated minority depository 

institutions, or officers and/or directors 

of other OCC-regulated depository 

institutions with a commitment to 

supporting minority depository 

institutions, to be considered for 

selection as MDIAC members. 

DATES: Nominations must be received 

on or before October 15, 2018. 

ADDRESSES: Nominations of MSAAC 

members should be sent to 

msaac.nominations@occ.treas.gov or 

mailed to: Michael R. Brickman, Deputy 

Comptroller for Thrift Supervision, 400 

7th Street SW, Washington, DC 20219. 

Nominations of MDIAC members 

should be sent to mdiac.nominations@

occ.treas.gov or mailed to: Beverly F. 

Cole, Deputy Comptroller for 

Compliance Supervision, 400 7th Street 

SW, Washington, DC 20219. 

FOR FURTHER INFORMATION CONTACT: For 

inquiries regarding the MSAAC, 

Michael R. Brickman, Deputy 

Comptroller for Thrift Supervision, 400 

7th Street SW, Washington, DC 20219; 

(202) 649–6450; email: 

msaac.nominations@occ.treas.gov. 

For inquiries regarding the MDIAC, 

Beverly F. Cole, Deputy Comptroller for 

Compliance Supervision, 400 7th Street 

SW, Washington, DC 20219; (202) 649– 

5688; email: mdiac.nominations@

occ.treas.gov. 

SUPPLEMENTARY INFORMATION: The 

MSAAC and the MDIAC will be 

administered in accordance with the 

Federal Advisory Committee Act, 5 

U.S.C. App. 2. The MSAAC will advise 

the OCC on ways to meet the goals 

established by section 5(a) of the Home 

Owners’ Loan Act, 12 U.S.C. 1464. The 

MSAAC will advise the OCC with 

regard to mutual savings associations on 

means to: (1) Provide for the 

organization, incorporation, 

examination, operation and regulation 

of associations to be known as federal 

savings associations (including federal 

savings banks); and (2) issue charters 

therefore, giving primary consideration 

of the best practices of thrift institutions 

in the United States. The MSAAC will 

help meet those goals by providing the 

OCC with informed advice and 

recommendations regarding the current 

and future circumstances and needs of 

mutual savings associations. The 

MDIAC will advise the OCC on ways to 

meet the goals established by section 

308 of the Financial Institutions Reform, 

Recovery, and Enforcement Act of 1989, 

Public Law 101–73, Title III, 103 Stat. 

353, 12 U.S.C. 1463 note. The goals of 

section 308 are to preserve the present 

number of minority institutions, 

preserve the minority character of 

minority-owned institutions in cases 

involving mergers or acquisitions, 

provide technical assistance, and 

encourage the creation of new minority 

institutions. The MDIAC will help the 

OCC meet those goals by providing 

informed advice and recommendations 

regarding a range of issues involving 

minority depository institutions. 

Nominations should describe and 

document the proposed member’s 

qualifications for MSAAC or MDIAC 

membership, as appropriate. Existing 

MSAAC or MDIAC members may 

reapply themselves or may be 

renominated. The OCC will use this 

nomination process to achieve a 

balanced advisory committee 

membership and ensure that diverse 

views are represented among the 

membership of officers and directors of 

mutual and minority institutions. The 

MSAAC and MDIAC members will not 

be compensated for their time, but will 

be eligible for reimbursement of travel 

expenses in accordance with applicable 

federal law and regulations. 

Dated: August 21, 2018. 

Joseph M. Otting, 

Comptroller of the Currency. 

[FR Doc. 2018–18493 Filed 8–24–18; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF THE TREASURY 

Multiemployer Pension Plan 

Application To Reduce Benefits 

AGENCY: Department of the Treasury. 

ACTION: Notice of availability; Request 

for comments. 

SUMMARY: The Board of Trustees of the 

Laborers Local 265 Pension Plan, a 

multiemployer pension plan, has 

submitted an application to reduce 

benefits under the plan in accordance 

with the Multiemployer Pension Reform 

Act of 2014 (MPRA). The purpose of 

this notice is to announce that the 

application submitted by the Board of 

Trustees of the Laborers Local 265 

Pension Plan has been published on the 

website of the Department of the 

Treasury (Treasury), and to request 

public comments on the application 

from interested parties, including 

participants and beneficiaries, employee 

organizations, and contributing 

employers of the Laborers Local 265 

Pension Plan. 

DATES: Comments must be received by 

October 11, 2018. 

ADDRESSES: You may submit comments 

electronically through the Federal 

eRulemaking Portal at http://

www.regulations.gov, in accordance 

with the instructions on that site. 

Electronic submissions through 

www.regulations.gov are encouraged. 

Comments may also be mailed to the 

Department of the Treasury, MPRA 

Office, 1500 Pennsylvania Avenue NW, 

Room 1224, Washington, DC 20220, 

Attn: Danielle Norris. Comments sent 

via facsimile or email will not be 

accepted. 

Additional Instructions. All 

comments received, including 

attachments and other supporting 

materials, will be made available to the 

public. Do not include any personally 

identifiable information (such as your 

Social Security number, name, address, 

or other contact information) or any 

other information in your comment or 

supporting materials that you do not 

want publicly disclosed. Treasury will 

make comments available for public 


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