Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 80987 

V. Summary of Comoto’s Petition: The 

following views and arguments 

presented in this section, ‘‘V. Summary 

of Comoto’s Petition,’’ are the views and 

arguments provided by Comoto. They 

have not been evaluated by the Agency 

and do not reflect the views of the 

Agency. Comoto describes the subject 

noncompliance and contends that the 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

Comoto states that the subject 

noncompliance should be deemed 

inconsequential because the result was 

2.07ms, which Comoto says is 

‘‘remarkably close to a PASS.’’ 

Furthermore, Comoto states the same 

model and size helmets have met this 

requirement in prior years, as far back 

as December 2017. 

Comoto concludes by stating its belief 

that the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety and 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, should 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 motorcycle helmets that 

Comoto 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 motorcycle helmets 

under their control after Comoto 

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. 2024–23011 Filed 10–3–24; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0077; Notice 2] 

Michelin North America, LLC, 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, LLC 

(MNA), has determined that certain 

Michelin Pilot Sport All Season 4 

replacement passenger car 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 September 

14, 2021. MNA subsequently petitioned 

NHTSA on September 30, 2021, and 

later supplemented the petition on 

September 30, 2022, for a decision that 

the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. This document 

announces the grant of MNA’s petition. 

FOR FURTHER INFORMATION CONTACT: 

Jayton Lindley, General Engineer, 

NHTSA, Office of Vehicle Safety 

Compliance, (325) 655–0547. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

MNA has determined that certain 

Michelin Pilot Sport All Season 4 

replacement passenger car tires do not 

fully comply with the requirements of 

paragraph S5.5.4(b) of FMVSS No. 139, 

New Pneumatic Radial Tires for Light 

Vehicles (49 CFR 571.139). MNA filed a 

noncompliance report dated September 

14, 2021, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. MNA 

subsequently petitioned NHTSA on 

September 30, 2021, and later 

supplemented the petition on 

September 30, 2022, 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. 

Notice of receipt of MNA’s petition 

was published with a 30-day public 

comment period, on June 23, 2022, in 

the Federal Register (87 FR 37553). No 

comments were received. To view the 

petition and all supporting documents 

log onto the Federal Docket 

Management System (FDMS) website at 

https://www.regulations.gov/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2021– 

0077.’’ 

II. Tires Involved 

According to MNA approximately 

3,589 Michelin Pilot Sport All Season 4, 

size 295/40ZR21 111Y XL, replacement 

passenger car tires, manufactured 

between October 7, 2020, and August 

20, 2021, and sold in the United States 

and Canada were affected by the subject 

noncompliance. MNA says that of the 

3,589 tires, 1,729 tires entered the U.S. 

market, 110 entered the Canadian 

market, and the remaining 1,750 were 

blocked in MNA’s inventory control 

system to be repaired or scrapped. For 

the 110 tires that entered the Canadian 

market, the Agency cannot exempt 

MNA 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 for those 

tires. Therefore, the Agency’s decision 

will only apply to the 1,729 tires that 

entered the U.S. market. 

III. Noncompliance 

MNA explains that the 

noncompliance was due to a mold error 

in which one sidewall, the serial 

sidewall, of the subject tires incorrectly 

states the maximum load range as 

required by paragraph S5.5.4(b) of 

FMVSS No. 139. Specifically, the 

subject tires were marked with a 

maximum load of 1,090 kg (1,433 lbs.) 

when the conversion of kilograms to 

pounds should have resulted in a 

maximum load of 1,090 kg (2,403 lbs.). 

IV. Rule Requirements 

Paragraph S5.5.4(b) of FMVSS No. 

139 includes the requirements relevant 

to this petition. For passenger car tires, 

if the maximum inflation pressure of a 

tire is 240, 280, 300, 340, or 350 kPa, 

then each marking of the tire’s 

maximum load rating in kilograms must 

be followed in parenthesis by the 

equivalent load rating in pounds, 

rounded to the nearest whole number. 

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 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 for the following reasons: 

MNA asserts that although 

erroneously marked, the subject tires 


khammond on DSKJM1Z7X2PROD with NOTICES
80988 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

were ‘‘designed as a load index 111 tire, 

with a maximum load rating of 1090 

kilograms, or 2,403 pounds.’’ MNA says 

that the subject tires ‘‘fully comply with 

Michelin performance requirements’’ 

and with all applicable FMVSSs. 

According to MNA, other than the tire 

maximum load rating in pounds, the 

tires are correctly marked and ‘‘provide 

both dealers and consumers with the 

necessary information to enable proper 

selection and application of the tires.’’ 

MNA says that if a consumer were to go 

by the erroneous maximum load, in 

pounds, based on the markings on the 

tire, the tire would be put ‘‘into service 

respecting a maximum load of 1,433 

lbs., which is less than the actual 

designed maximum load of 2,403 lbs.’’ 

MNA cites the following past 

inconsequentiality petitions NHTSA has 

granted that MNA claims are similar to 

the subject petition: 

• Bridgestone Americas Tire 

Operations, LLC, Grant of Petition for 

Decision of Inconsequential 

Noncompliance. See 78 FR 35357, June 

12, 2013; 

• The Goodyear Tire & Rubber 

Company, Grant of Petition for Decision 

of Inconsequential Noncompliance. See 

70 FR 41254, July 18, 2005; 

• Continental Tire North America 

Inc., Grant of Application for Decision 

of Inconsequential Noncompliance. See 

70 FR 14748, March 23, 2005; 

• Michelin North America, Inc., Grant 

of Petition for Decision of 

Inconsequential Noncompliance. See 69 

FR 62511, October 26, 2004; and 

• Bridgestone/Firestone, Inc., Grant of 

Application for Decision That 

Noncompliance Is Inconsequential to 

Motor Vehicle Safety. See 66 FR 57772, 

November 16, 2001. 

MNA states that they have ‘‘captured 

and retained’’ a total of 1,750 tires with 

the intent to either repair or scrap them. 

MNA also states that they have 

corrected the tire specification drawing 

and updated the mold to reflect the 

correct maximum load in pounds. 

MNA concludes 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, should be granted. 

On August 1, 2022, NHTSA requested 

that MNA provide documentation that 

the subject tires comply with the 

performance requirements and all other 

labeling requirements of FMVSS No. 

139. MNA’s response was received on 

September 30, 2022. MNA stated that 

the subject tires comply with the 

applicable performance requirements 

and provided documentation under 

request for confidential treatment in 

support. Additionally, MNA provided 

photographs to show that the subject 

tires comply with all of the necessary 

labeling requirements, with the 

exception of the load range marking. 

VI. NHTSA’s Analysis 

NHTSA has evaluated the merits of 

the petition submitted by MNA and is 

granting MNA’s request for relief from 

notification and remedy based on the 

following: 

1. NHTSA has no basis to believe that 

the subject tires do not meet the 

performance and labeling requirements 

of FMVSS No. 139, with the exception 

of the load markings. 

2. NHTSA agrees that if consumers 

were to follow the incorrect maximum 

loading value in pounds on the 

outboard sidewall of the tire, the tire 

would not be in overloaded condition. 

Additionally, the tires are marked with 

the correct load index, and the correct 

maximum loading values in kilograms 

on the outboard sidewall. Additionally, 

the inboard sidewall also contains the 

correct maximum loading values in both 

kilograms and pounds. 

3. NHTSA believes that the incorrect 

maximum load values do not affect the 

ability of the manufacturer or consumer 

to identify the affected tires in the event 

of a recall. 

The agency notes that the petitioner 

has provided citations to prior 

inconsequentiality determinations in 

support of the present request. The 

agency notes that inconsequentiality 

determinations are highly fact specific 

and as such should not be regarded as 

binding precedent. 

VII. NHTSA’s Decision 

In consideration of the foregoing, 

NHTSA finds that MNA has met its 

burden of persuasion that the subject 

FMVSS No. 139 noncompliance in the 

affected tires 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 a free remedy for, that 

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 

tire 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. 2024–23016 Filed 10–3–24; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Notice of OFAC Sanctions Action 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The U.S. Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) is publishing the names 

of a vessel and persons whose property 

and interests in property have been 

unblocked and which have been 

removed from the Specially Designated 

Nationals and Blocked Persons List 

(SDN List). 

DATES: See SUPPLEMENTARY INFORMATION

section for applicable date(s). 

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; or the 

Assistant Director for Compliance, tel.: 

202–622–2490 or https://

ofac.treasury.gov/contact-ofac. 

SUPPLEMENTARY INFORMATION: 

Electronic Availability 

The SDN List and additional 

information concerning OFAC sanctions 

programs are available on OFAC’s 

website (https://www.treasury.gov/ofac). 

Notice of OFAC Action(s) 

A. On September 10, 2024, OFAC 

removed from the SDN List the vessel 

listed below, which was subject to 

prohibitions imposed pursuant to 

Executive Order 14024 of April 15, 

2021, ‘‘Blocking Property With Respect 

To Specified Harmful Foreign Activities 


khammond on DSKJM1Z7X2PROD with NOTICES