Federal Register / Vol. 87, No. 94 / Monday, May 16, 2022 / Notices 29779 

1Section 202(t) of the Act, 42 U.S.C. 402(t). 

2Section 202(t)(2), (4), (11) of the Act, 42 U.S.C. 

402(t)(2), (4), (11). 3 58 FR 11612 (Feb. 26, 1993). 

SUMMARY: We find that, under the Alien 

Nonpayment Provision of the Social 

Security Act (Act), citizens of Estonia 

may continue to receive Social Security 

benefits under title II, after 6 

consecutive calendar months of absence 

from the United States. This finding is 

based on information and data we 

received about the social insurance 

system of Estonia and its laws. The 

Commissioner of Social Security 

delegated the authority to make this 

finding to the Deputy Commissioner for 

Retirement and Disability Policy. 

DATES: We will implement this finding 

on May 16, 2022. 

FOR FURTHER INFORMATION CONTACT: Icie 

K. Allen, Office of Income Security 

Programs, 2500 Robert Ball Building, 

6401 Security Boulevard, Baltimore, MD 

21235–6401, (410) 965–8945. 

SUPPLEMENTARY INFORMATION: We are 

prohibited by law from paying benefits 

under title II of the Act to non-U.S. 

citizens who remain outside the United 

States for more than 6 consecutive 

calendar months, unless they meet an 

exception provided in the law. We refer 

to this portion of the law as the Alien 

Nonpayment Provision (ANP).1

We recently reviewed the Estonian 

social insurance system to determine if 

it meets the criteria for an ANP 

exception. This is a new finding about 

the social insurance system of Estonia 

under the ANP. As a result of this 

finding, citizens of Estonia may 

continue receiving benefits under title II 

of the Act after 6 consecutive calendar 

months outside the United States. 

Background 

The ANP, section 202(t) of the Act, 

prohibits payment of title II benefits to 

individuals who are not U.S. citizens or 

nationals for any month after they have 

been outside the United States for more 

than 6 consecutive calendar months. 

Beneficiaries who meet one of the 

exceptions in the ANP may continue to 

receive benefits under title II without 

regard to absence from the United 

States. Some of these exceptions require 

that dependents and survivors meet a 5- 

year U.S. residency requirement for 

benefits to continue after 6 consecutive 

calendar months of absence from the 

United States.2

To determine whether the social 

insurance or pension system meets the 

criteria for an exception under section 

202(t) of the Act, we review the foreign 

country’s laws. In addition, we review 

information and data that we receive 

from the administrators of the social 

insurance or pension system of that 

country. The Commissioner of the 

Social Security Administration 

publishes these findings in the Federal 

Register. 

Previously, we determined that the 

social insurance system of Estonia did 

not meet the exception under section 

202(t)(2) of the Act because, although 

the social insurance system satisfied the 

requirements of section 202(t)(2)(A), it 

did not satisfy the requirements of 

section 202(t)(2)(B). The system did not 

meet subparagraph (B) because Estonia 

restricted the payment of its pension 

abroad. We published this 

determination in the Federal Register 

on February 26, 1993.3

The Estonian government informed us 

that they passed an amendment, 

effective January 1, 2018, which allowed 

payment of all benefits outside of 

Estonia. In April 2018, we received a 

completed SSA–142 Report of Social 

Insurance or Pension System, submitted 

by the Ministry of Social Affairs of 

Estonia. We initiated an analysis to 

reach the finding we describe here. 

Finding 

Section 202(t)(2) of the Act provides 

that the prohibition against payment 

shall not apply to individuals who are 

citizens of a foreign country that the 

Commissioner of Social Security finds 

has a social insurance or pension system 

that is in effect and of general 

application in such country, and that: 

(A) Pays periodic benefits, or the 

actuarial equivalent thereof, on account 

of old age, retirement, or death; and 

(B) permits individuals who are U.S. 

citizens but not citizens of that country 

and who qualify for benefits to receive 

those benefits, or the actuarial 

equivalent thereof, while outside the 

foreign country regardless of the 

duration of the absence. 

We find that, beginning January 1, 

2018, Estonia met all of the required 

criteria of section 202(t)(2) of the Act 

because it had a social insurance system 

that was in effect, was of general 

application, and met the conditions in 

subparagraphs (A) and (B). 

Our finding that the exception under 

section 202(t)(2) applies to citizens of 

Estonia is subject to section 202(t)(11) of 

the Act. Section 202(t)(11) requires that 

dependent and survivor title II 

beneficiaries must also have resided in 

the United States for a total period of 5 

years or more while in a qualifying 

relationship with the individual on 

whose earnings the benefits are based. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social Security— 

Disability Insurance; 96.002, Social 

Security—Retirement Insurance; and 96.004, 

Social Security—Survivors Insurance) 

The Acting Commissioner of Social 

Security, Kilolo Kijakazi, having 

reviewed and approved this document, 

is delegating the authority to 

electronically sign this document to 

Faye I. Lipsky, who is the primary 

Federal Register Liaison for SSA, for 

purposes of publication in the Federal 

Register. 

Faye I. Lipsky, 

Federal Register Liaison, Office of Legislation 

and Congressional Affairs, Social Security 

Administration. 

[FR Doc. 2022–10440 Filed 5–13–22; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0047; Notice 1] 

Cooper Tire & Rubber Company, 

Receipt of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Receipt of petition. 

SUMMARY: Cooper Tire & Rubber 

Company (Cooper Tire), has determined 

that certain Cooper CS5 Grant Touring 

and Cooper Evolution Tour replacement 

passenger car tires do not fully comply 

with Federal Motor Vehicle Safety 

Standard (FMVSS) No. 139, New 

Pneumatic Radial Tires for Light 

Vehicles. Cooper Tire filed a 

noncompliance report dated April 28, 

2021, and subsequently, Cooper Tire 

petitioned NHTSA on May 12, 2021, for 

a decision that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety. This 

notice announces receipt of Cooper 

Tire’s petition. 

DATES: Send comments on or before 

June 15, 2022. 

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. 


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29780 Federal Register / Vol. 87, No. 94 / Monday, May 16, 2022 / Notices 

• 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). 

FOR FURTHER INFORMATION CONTACT: 

Jayton Lindley, General Engineer, 

NHTSA, Office of Vehicle Safety 

Compliance, (325) 655–0547. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

Cooper Tire has determined that 

certain Cooper CS5 Grand Touring and 

Cooper Evolution Tour replacement 

passenger car tires do not fully comply 

with the requirements of paragraph 

S5.5.1(b) of FMVSS No. 139, New 

Pneumatic Radial Tires for Light 

Vehicles (49 CFR 571.139). Cooper Tire 

filed a noncompliance report dated 

April 28, 2021, pursuant to 49 CFR part 

573, Defect and Noncompliance 

Responsibility and Reports. Cooper Tire 

subsequently petitioned NHTSA on May 

12, 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. 

This notice of receipt of Cooper Tire’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 294 Cooper CS5 Grand 

Touring, size 225/50R18, and Cooper 

Evolution Tour, size 225/60R16, 

replacement passenger car tires, 

manufactured between February 14, 

2021, and March 27, 2021, are 

potentially involved. 

III. Noncompliance 

Cooper Tire explains that the 

noncompliance is that the subject tires 

were molded with an upside down and 

backwards serial week and year on the 

outboard sidewall as required by 

paragraph S5.5.1(b) of FMVSS No. 139. 

IV. Rule Requirements 

Paragraph S5.5.1(b) of FMVSS No. 

139 includes the requirements relevant 

to this petition. 

• Each tire must be labeled with the 

tire identification number required by 

49 CFR part 574, which includes the 

date code, on the intended outboard 

sidewall of the tire. 

V. Summary of Cooper Tire’s Petition 

The following views and arguments 

presented in this section, ‘‘V. Summary 

of Cooper Tire’s Petition,’’ are the views 

and arguments provided by Cooper Tire. 

They have not been evaluated by the 

Agency and do not reflect the views of 

the Agency. Cooper Tire describes the 

subject noncompliance and contends 

that the noncompliance is 

inconsequential as it relates to motor 

vehicle safety. 

In support of its petition, Cooper Tire 

submitted the following reasoning: 

1. The tires subject to this petition, on 

their outboard side only, were molded 

with an upside down and backwards 

DOT serial week and year. The serial 

number stampings should read: DOT U9 

X3 1 LP 0721 and UP 78 1CW 1221. The 

outboard side, which includes the date 

code, was molded with the date code 

information oriented incorrectly upside 

down and backwards, which resulted in 

the characters being out of proper 

sequence. 

2. Cooper contends that the 294 tires 

subject to this petition meet and/or 

exceed all performance requirements 

and all other labeling markings as 

required by FMVSS No. 139. 

3. Furthermore, Cooper Tire says that 

is not aware of any crashes, injuries, 

customer complaints, or field reports 

associated with the subject tires 

involved in this petition. 

4. Cooper Tire believes that the 

upside down and backward date code 

will not cause confusion for the 

consumer or dealer that is selecting and 

mounting the tire, as the error is quite 

obvious, and there is no logical reading 

or interpretation of the date code in its 

upside down and backward position. 

Cooper Tire also believes that 

consumers and dealers will easily be 

able to see the issue and correctly 

identify the date code. 

5. Cooper believes the following 

NHTSA statements, taken from another 

petition, apply to its petition: ‘‘The 

purpose of the date code is to identify 

a tire so that, if necessary, the 

appropriate action can be taken in the 

interest of public safety—such as a 

safety recall notice.’’ See Bridgestone/ 

Firestone, Inc., 64 FR 29080 (May 28, 

1999); see also Cooper Tire & Rubber 

Company, 68 FR 16115 (April 2, 2003). 

Furthermore, Cooper feels the following 

NHTSA statement applies to its petition, 

‘‘[t]he agency believes that the true 

measure of inconsequentiality to motor 

vehicle safety in this case is the effect 

of the noncompliance on the ability of 

the tire manufacturer to identify the 

tires in the event of recall.’’ See 

Bridgestone/Firestone, Inc., 66 FR 45076 

(Aug. 27, 2001). 

6. Cooper also stated that NHTSA has 

granted petitions and found that TIN 

noncompliance is inconsequential to 

safety in cases where the TIN is out of 

sequence or mislabeled. See, 

Bridgestone/Firestone North America 

Tire, LLC, 71 FR 4396 (Jan. 26, 2006) 

(granting petition where date code was 

missing because manufacturer could 

still identify and recall the tires); Cooper 

Tire & Rubber Company, 68 FR 16115 

(April 2, 2003) (granting petition where 


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Federal Register / Vol. 87, No. 94 / Monday, May 16, 2022 / Notices 29781 

tires were labeled with wrong plant 

code, because ‘‘the tires have a unique 

DOT identification’’); Bridgestone/ 

Firestone, Inc., 66 FR 45076 (Aug. 27, 

2001) (granting petition where the date 

code was labeled incorrectly, because 

‘‘the information included on the tire 

identification label and the 

manufacturer’s tire production records 

is sufficient to ensure that these tires 

can be identified in the event of a 

recall’’); Bridgestone/Firestone, Inc., 64 

FR 29080 (May 28, 1999) (granting 

petition where the wrong year was 

marked in date code on the tires); 

Cooper Tire & Rubber Company; 63 FR 

29059 (May 27, 1998) (granting petition 

where date code was missing where 

tires had a unique TIN for recall 

purposes); Bridgestone/Firestone, Inc., 

60 FR 57617 (Nov. 16, 1995) (granting 

petition where date code was out of 

sequence); Uniroyal Goodrich Tire 

Company, 59 FR 64232 (Dec. 13, 1994) 

(granting petition where week and year 

were mislabeled on tires). 

Cooper Tire 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. 

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 Cooper Tire 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 Cooper Tire 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. 2022–10438 Filed 5–13–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2022–0053] 

Notice To Establish the Advisory 

Committee on Transportation Equity 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Notice of the establishment of 

the Advisory Committee on 

Transportation Equity. 

SUMMARY: The Office of the Secretary of 

Transportation (OST) announces the 

establishment of the Advisory 

Committee on Transportation Equity. 

The Secretary has determined that 

establishing the Advisory Committee on 

Transportation Equity is necessary and 

in the public interest. 

DATES: The Advisory Committee on 

Transportation Equity will operate for 

two years after the filing date of its 

charter that will meet the 15-days 

requirements of the Federal Register 

Notice, unless otherwise renewed in 

accordance with FACA. 

FOR FURTHER INFORMATION CONTACT: 

Advisory Committee on Transportation 

Equity Designated Federal Officer, 

Portia Allen-Kyle, Senior Advisor, 

Departmental Office of Civil Rights, 

Office of the Secretary, 

portia.allenkyle@dot.gov. 

SUPPLEMENTARY INFORMATION: This 

notice announces the establishment of 

the Advisory Committee on 

Transportation Equity as a Federal 

Advisory Committee in accordance with 

the Federal Advisory Committee Act 

(Pub. L. 92–463, 5 U.S.C. app. 2) to 

provide information, advice, and 

recommendations to the Secretary on 

comprehensive, interdisciplinary issues 

related to civil rights and transportation 

equity in the planning, design, research, 

policy, and advocacy contexts. The 

Committee is tasked with providing 

advice and recommendations to the 

Secretary about approaches to achieving 

the Department’s equity goals. The 

Committee will only undertake tasks 

assigned to it by the Secretary. The 

Federal Register Notice will be 

published 15 days prior to filing the 

charter with Congress. 

This notice is provided in accordance 

with the Federal Advisory Committee 

Act. Please see the Advisory Committee 

on Transportation Equity website at 

https://www.transportation.gov/civilrights/acte. 

Issued in Washington, DC, on May 11, 

2022. 

Irene B. Marion, 

Director, Departmental Office of Civil Rights, 

U.S. Department of Transportation. 

[FR Doc. 2022–10489 Filed 5–13–22; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2022–0054] 

Solicitation of Nominations for 

Membership to the Advisory 

Committee on Transportation Equity 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Solicitation of nominations for 

membership to the Advisory Committee 

on Transportation Equity. 

SUMMARY: The Office of the Secretary of 

Transportation (OST) calls for 

applications to the Advisory Committee 

on Transportation Equity. 

DATES: Applications for the Advisory 

Committee on Transportation Equity are 

due June 15, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Advisory Committee on Transportation 

Equity Designated Federal Officer, 

Portia Allen-Kyle, Senior Advisor, 

Departmental Office of Civil Rights, 

Office of the Secretary, 

portia.allenkyle@dot.gov. 

SUPPLEMENTARY INFORMATION: This 

notice calls for applications from the 

public for membership to the Advisory 

Committee on Transportation Equity, 

established as a Federal Advisory 

Committee in accordance with the 

Federal Advisory Committee Act (Pub. 

L. 92–463, 5 U.S.C. app. 2) to provide 

information, advice, and 

recommendations to the Secretary on 

comprehensive, interdisciplinary issues 

related to civil rights and transportation 

equity in the planning, design, research, 

policy, and advocacy contexts. The 

Committee is tasked with providing 

advice and recommendations to the 

Secretary about approaches to achieving 

the Department’s equity goals. The 

Committee will only undertake tasks 

assigned to it by the Secretary. Members 

of The Committee may be selected to 

serve either as representatives of an 

organization or as members appointed 

solely for their expertise. Interested 

persons should submit a letter of 

interest and a statement of 

qualifications, such as a resume to both 

portia.allenkyle@dot.gov and equity@

dot.gov. 

Please see the Advisory Committee on 

Transportation Equity website at https:// 


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