Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Notices 90349 

process. Additional information on 

public engagement activities to date is 

provided in the NOI Additional Project 

Information Document available for 

review in the docket established for this 

study and on the Chesapeake Bay 

Crossing study website as noted in the 

ADDRESSES section of this notice. 

Nineteen Interagency Coordination 

Meetings (ICMs) to facilitate 

Cooperating and Participating agency 

coordination have been held since June 

2022. The MDTA and FHWA present 

information at ICMs about a variety of 

Tier 2 Study topics and seek agency 

feedback. All Cooperating and 

Participating agencies are encouraged to 

provide comments at ICMs. The ICMs 

will continue to be held throughout the 

NEPA environmental review process 

and development of the EIS. Additional 

information on agency coordination to 

date are provided in the NOI Additional 

Project Information Document available 

for review in the docket established for 

this study and on the Chesapeake Bay 

Crossing study website as noted in the 

ADDRESSES section of this notice. 

Public notice has been given of the 

date, time, and location of the Public 

Scoping Meetings. To assist in 

determining the scope of issues to be 

addressed and identifying the potential 

for important issues related to 

information in the NOI Additional 

Project Information Document, the 

public will have the opportunity to 

submit written comments at the Public 

Scoping Meetings and during the 

scoping comment period beginning on 

the date of this NOI publication. Public 

input received during the scoping 

process will be considered in the 

development of the Tier 2 Study EIS. 

Once complete, the Tier 2 Study DEIS 

will be available for public and agency 

review and comment prior to the DEIS 

Public Hearing and for public review at 

the Tier 2 Study DEIS Public Hearing. 

All substantive public comments on the 

Tier 2 Study DEIS will be addressed in 

the Tier 2 Study FEIS. 

The FHWA intends to issue a single 

document that consists of the Tier 2 

Study FEIS and ROD pursuant to 49 

U.S.C. 304a(b) [and 23 U.S.C. 139(n)(2)] 

unless FHWA determines that statutory 

criteria or practicability considerations 

preclude issuance of such a combined 

document. 

Schedule for the Decision-Making 

Process 

The Tier 2 Study EIS schedule will be 

established as part of the requirements 

of the NEPA environmental review 

process under 23 U.S.C. 139 and will 

comply with 40 CFR 1501.10(b)(2), 

which requires that environmental 

reviews for major infrastructure projects 

occur within two years, and all 

necessary authorizations be issued 

efficiently and in a timely manner, in 

cooperation with FHWA. 

Following the issuance of this NOI, 

FHWA and MDTA will coordinate with 

the Participating and Cooperating 

Agencies to develop study 

documentation and the Tier 2 Study 

DEIS. 

The anticipated study schedule is 

outlined below: 

• Public Scoping Meetings (December 

2024) 

• End of Scoping Comment Period 

(January 2025) 

• Evaluation of Alternatives Retained 

for Detailed Study (February 2025– 

June 2025) 

• MDTA’s Recommended Preferred 

Alternative (July 2025) 

• Tier 2 Study DEIS Notice of 

Availability (NOA) (November 2025) 

• Tier 2 Study DEIS Comment Period 

and Public Hearings (December 2025) 

• Tier 2 Study Final EIS/ROD 

(November 2026) 

• Procurement for Final Design (Fall 

2026–Spring 2028) 

• Commence Final Design (Spring 2028) 

• Permit Applications/Authorization 

Requests Submitted (Spring 2030) 

• All Permit Decisions and 

Authorizations Issued (Spring 2031) 

• Commence Construction (Summer 

2032) 

Request for Identification of Potential 

Alternatives, Information, and 

Analyses Relevant to the Proposed 

Action 

With this Notice, FHWA and MDTA 

request and encourage State, Tribal, and 

local government agencies, and the 

public, to review the NOI and NOI 

Additional Project Information 

Document and submit comments on any 

aspect of the study. To ensure that all 

potential alternatives, important issues, 

or environmental impacts and analyses 

relevant to the proposed action are 

considered in the Tier 2 Study DEIS, 

comments and suggestions are invited 

from all interested parties. Specifically, 

agencies and the public are asked to 

comment on the purpose and need, 

proposed ARDS, the existing 

environmental conditions and potential 

impacts, and the identification of any 

relevant information, studies, or 

analyses concerning impacts affecting 

the quality of the human environment 

for consideration by the Lead and 

Cooperating Agencies in developing the 

Tier 2 Study DEIS. The purpose of this 

request is to bring relevant comments 

and information to FHWA’s and 

MDTA’s attention as early in the process 

as possible to enable the agencies to 

make maximum use of this information 

in decision making. 

Comments must be received by 

January 13, 2025. Comments or 

questions concerning this proposed 

action, including comments relative to 

proposed ARDS, information and 

analyses, should be directed to FHWA 

and MDTA at the addresses provided in 

the ADDRESSES section of this notice. 

Authority: 42 U.S.C. 4321 et seq.; 23 

U.S.C. 139; 23 CFR part 771. 

Valeriya Remezova, 

Division Administrator, Federal Highway 

Administration. 

[FR Doc. 2024–26545 Filed 11–14–24; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2024–0018] 

Withdrawal of a Notice of Intent To 

Prepare an Environmental Impact 

Statement for a Proposed Highway 

Project in Clark County, Nevada 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (USDOT). 

ACTION: Notice of withdrawal. 

SUMMARY: The FHWA and the Nevada 

Department of Transportation (NDOT) 

are issuing this notice to advise the 

public that they are withdrawing the 

Notice of Intent (NOI) to prepare an 

Environmental Impact Statement (EIS) 

published in the Federal Register for 

transportation improvements to a 

section of Interstate 11 (formerly I–515)/ 

US 95/US 93 in the City of Las Vegas, 

Clark County, Nevada. The project is 

commonly referred to as the Downtown 

Access Project. 

FOR FURTHER INFORMATION CONTACT: 

For Federal Highway Administration: 

Abdelmoez Abdalla, Environmental 

Program Manager, FHWA Nevada 

Division, 705 N. Plaza, Suite 220, 

Carson City, NV 89701; Telephone: 

(775) 687–1231, email: 

abdelmoez.abdalla@dot.gov. 

For the Nevada Department of 

Transportation (NDOT): Danja Petro, 

Senior Project Manager, Nevada 

Department of Transportation, 123 E 

Washington Ave., Las Vegas, NV 89101; 

Telephone: (702) 671–8865, email: 

dpetro@dot.nv.gov. 

SUPPLEMENTARY INFORMATION: The 

FHWA, in coordination with NDOT, 

published an NOI on March 22, 2024, at 

89 FR 20530, to prepare an EIS for 

transportation improvements to a 


khammond on DSKJM1Z7X2PROD with NOTICES
90350 Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Notices 

section of Interstate 11 (I–11)/U.S. 

Highway 95 (US 95)/US Highway 93 

(US 93) in the City of Las Vegas, Clark 

County, Nevada, known as the 

Downtown Access Project. The agencies 

hereby notify the public of the 

withdrawal of this NOI. The EIS process 

is being rescinded due to recent and 

ongoing reprioritization of major 

projects within Nevada, as well as the 

escalating overall cost of the project. 

Any future federally assisted action 

within this corridor would comply with 

the environmental review requirements 

of the National Environmental Policy 

Act (NEPA) (42 U.S.C. 4321 et seq.); 23 

U.S.C. 139, CEQ regulations for 

implementing NEPA (40 Code of 

Regulations [CFR] 1500–1508); FHWA 

regulations implementing NEPA (23 

CFR parts 771, 772, and 774); and 

applicable Federal, State, and local laws 

and regulations. 

Authority: 23 U.S.C. 315; 49 CFR 1.48. 

Khoa Nguyen, 

Division Administrator, Carson City, Nevada. 

[FR Doc. 2024–26631 Filed 11–14–24; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0034; Notice 2] 

Toyo Tire Holdings of Americas 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: Toyo Tire Holdings of 

Americas, Inc., (Toyo) has determined 

that certain Open Country R/T light 

truck tires, do not fully comply with 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 119, New Pneumatic Tires 

for Motor Vehicles with a GVWR of 

More Than 4,536 Kilograms (10,000 

Pounds) and Motorcycles. Toyo filed a 

noncompliance report dated March 15, 

2021, and later amended it on April 2, 

2021. Toyo simultaneously petitioned 

NHTSA on April 2, 2021, for a decision 

that the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. This notice announces 

the grant of Toyo’s petition. 

FOR FURTHER INFORMATION CONTACT: 

Jayton Lindley, General Engineer, 

NHTSA, Office of Vehicle Safety 

Compliance, (325) 655–0547. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

Toyo has determined that certain 

Toyo Open Country R/T light truck 

tires, do not fully comply with 

paragraph S6.5(j) of FMVSS No. 119, 

New Pneumatic Tires for Motor Vehicles 

with a GVWR of More Than 4,536 

Kilograms (10,000 Pounds) and 

Motorcycles (49 CFR 571.119). Toyo 

filed a noncompliance report dated 

March 15, 2021, and later amended it on 

April 2, 2021, pursuant to 49 CFR part 

573, Defect and Noncompliance 

Responsibility and Reports. Toyo 

simultaneously petitioned NHTSA on 

April 2, 2021, 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 Toyo’s petition 

was published with a 30-day public 

comment period, on May 19, 2022, in 

the Federal Register (87 FR 30556). 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– 

0034.’’ 

II. Tires Involved 

Approximately 518 Toyo Open 

Country R/T light truck tires, size 

35X12.50R20LT 125Q, manufactured 

between January 29, 2021, and March 8, 

2021, are potentially involved. 

III. Noncompliance 

Toyo explains that the noncompliance 

was due to a mold error in which the 

sidewall with the partial TIN incorrectly 

states the load range as required by 

paragraph S6.5(j) of FMVSS No. 119. 

Specifically, the tires were marked: 

‘‘LOAD RANGE E MAX.LOAD 1450 kg 

(3195 LBS) AT 450 kPa (65 PSI) COLD’’ 

when they should have been marked: 

‘‘LOAD RANGE F MAX.LOAD 1650 kg 

(3640 LBS) AT 550 kPa (80 PSI) COLD.’’ 

IV. Rule Requirements 

Paragraph S6.5(j) of FMVSS No. 119 

includes the requirements relevant to 

this petition. The subject tires are 

required to be marked on each sidewall 

with the letter designating the tire load 

range. 

V. Summary of Toyo’s Petition 

The following views and arguments 

presented in this section, ‘‘V. Summary 

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

arguments provided by Toyo. They do 

not reflect the views of the Agency. 

Toyo describes the subject 

noncompliance and contends that the 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

In support of its petition, Toyo 

submitted the following reasoning: 

Toyo explains that the noncompliance 

occurred as production transitioned 

from producing the load range ‘E’ tire to 

production of the load range ‘F’ tire. 

Toyo states that ‘‘the affected tire 

mold was immediately corrected after 

this issue was discovered and all future 

production will have the correct load 

range letter shown on the non-serial 

sidewall.’’ 

Toyo explains that ‘‘the 

35X12.50R20LT tire size, Load Range E 

tires have a maximum load carrying 

capacity of 1,450 kg (3,195 lbs.) at 450 

kPa (65 PSI); Load Range F tires have a 

maximum load carrying capacity of 

1,650 kg (3,640 lbs.) at 550 kPa (80 PSI). 

Therefore, Toyo believes that in the 

event that ‘‘a consumer were to rely on 

the incorrect load range designation on 

the non-serial sidewall, there would be 

no associated risk of overloading.’’ 

Toyo says that NHTSA has granted 

prior inconsequentiality petitions for 

noncompliances that are similar to the 

one described in the subject petition 

and cited sections from the following 

notices granting those petitions: 

• Guizhou Tyre Corporation; Grant of 

Petition for Decision of Inconsequential 

Noncompliance. 78 FR 12828, February 

25, 2013. 

• Yokohama Tire Corporation, Grant 

of Petition for Decision of 

Inconsequential Noncompliance. 84 FR. 

64403, November 21, 2019. 

• Tireco, Inc., Ruling on Petition for 

Decision of Inconsequential 

Noncompliance. 81 FR 58550, August 

25, 2016. 

Toyo says that the subject tires ‘‘meet 

all other performance and regulatory 

requirements of FMVSS No. 119.’’ 

Furthermore, Toyo says that it ‘‘has not 

received any complaints, claims, or 

warranty adjustments related to this 

noncompliance.’’ 

Toyo concludes that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety as these 

tires have a higher load carrying 

capacity than the incorrect marking 

indicates, therefore, the marking will 

not cause an operator to overload the 

tires. Thus, Toyo believes 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. 


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