6942 Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices 

is in the correct position, however, the 

date code is upside down or inverted 

vertically. The Agency believes that 

despite the error, the date code is still 

clearly legible, will not be 

misunderstood, and may be oriented 

correctly by rotating or spinning the tire. 

VII. NHTSA’s Decision: In 

consideration of the foregoing, NHTSA 

finds that Hankook has met its burden 

of persuasion that the subject FMVSS 

No. 139 noncompliance in the affected 

tires is inconsequential to motor vehicle 

safety. Accordingly, Hankook’s petition 

is hereby granted and Hankook 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 Hankook 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 Hankook 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. 2022–02459 Filed 2–4–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2020–0092; 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 

Michelin CrossClimate SUV 

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 

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 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. 

Notice of receipt of MNA’s petition 

was published with a 30-day public 

comment period, on September 13, 

2021, in the Federal Register (86 FR 

50949). 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–2020– 

0092.’’ 

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 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 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices 6943 

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 

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 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. 

VII. NHTSA’s Analysis 

NHTSA has evaluated the merits of 

MNA’s petition and agrees that, based 

on the facts presented, the subject 

noncompliance is inconsequential to 

motor vehicle safety. The Agency 

considered the following prior to 

making this determination: 

1. Operational Safety & Performance: 

NHTSA agrees that the subject 

noncompliance has no effect on the 

operational safety of vehicles. Michelin 

stated that the affected tires meet all the 

applicable FMVSS performance 

requirements as well as Michelin’s own 

internal testing requirements. 

2. Tire Identification and Traceability: 

The tires have the required information 

per 49 CFR 574.5 to ensure that the tires 

may be properly registered for the 

purposes of a safety recall. The TIN is 

both legible and easily discernible. 

3. Downstream Operations: The 

Agency must also consider other 

interested parties besides the 

manufacturer and end-user. 

Downstream entities involved in tire 

repair, retreading, and recycling 

operations require certain information 

to determine if tires may be safely used 

in their operations. The existence of 

steel in a tire’s sidewall and tread can 

be relevant to the manner in which it 

should be repaired or retreaded. The use 

of steel cord construction in the 

sidewall and tread is the primary safety 

concern of these industries. The Agency 

believes the noncompliance of the 

subject tires will have no measurable 

effect on the safety of the tire retread, 

repair, and recycling industries since 

the tire sidewalls are marked correctly 

for the number of steel plies. 

4. Public & Consumer Groups 

Feedback: The Agency has concluded, 

based on previous feedback, that the tire 

construction information (number of 

plies and cord material in the sidewall 

and tread plies) influences very few 

consumers when they are deciding to 

buy a motor vehicle or replacement 

tires. This conclusion is based on 

comments submitted to the docket for 2 

separate Advance Notice of Proposed 

Rulemaking documents that were 

published in the Federal Register on 

December 1, 2000, (65 FR 75222) and 

December 19, 2018, (84 FR 69698). 

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. 2022–02460 Filed 2–4–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

DOT’s Identification of Federal 

Financial Assistance Infrastructure 

Programs Subject to the Build 

America, Buy America Provisions of 

the Infrastructure Investment and Jobs 

Act 

ACTION: Notice of availability. 

SUMMARY: Section 70913(a) of the 

Infrastructure Investment and Jobs Act 

requires that the head of each Federal 

agency shall submit to the Office of 

Management and Budget and to 

Congress a report that identifies each 

Federal financial assistance program for 

infrastructure administered by the 

Federal agency, and that that report be 

published in the Federal Register. The 

Department of Transportation is issuing 

this notice to make the public aware of 

the availability of that report on its 

website. 

FOR FURTHER INFORMATION CONTACT: 

Darren Timothy at darren.timothy@

dot.gov or at 202–366–4051. 

SUPPLEMENTARY INFORMATION: 

Background: The Bipartisan 

Infrastructure Law (known officially as 

the Infrastructure Investment and Jobs 

Act), signed by President Biden on 

November 15, 2021, includes the Build 

America, Buy America Act (BABA), 

which requires each agency to submit to 

OMB and Congress a report within 60 

days of enactment that lists all Federal 

financial assistance programs for 

infrastructure administered by the 

agency and that identifies the programs 

that are ‘‘deficient,’’ as defined in the 

Act. 

DOT’s report was developed in 

accordance with the requirements found 

in section 70913 of the BABA and OMB 

guidance issued on December 20, 2021. 

It provides a listing of the Federal 

financial assistance programs for 


jspears on DSK121TN23PROD with NOTICES1