Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Notices 37553 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA 2022–0016] 

Agency Information Collection Activity 

Under OMB Review: Fixed Guideway 

Capital Investment Grants (CIG) 

Program Section 5309 

AGENCY: Federal Transit Administration, 

Department of Transportation (DOT). 

ACTION: Notice of request for comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, this 

notice announces that the Information 

Collection Requirements (ICRs) 

abstracted below have been forwarded 

to the Office of Management and Budget 

(OMB) for review and comment. The 

ICR describe the nature of the 

information collection and their 

expected burdens. 

DATES: Comments must be submitted on 

or before July 25, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

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 best assured of 

having its full effect if OMB receives it 

within 30 days of publication of this 

notice in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: Tia 

Swain, Office of Administration, 

Management Planning Division, 1200 

New Jersey Avenue SE, Mail Stop TAD– 

10, Washington, DC 20590 (202) 366– 

0354 or tia.swain@dot.gov. 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13, Section 2, 

109 Stat. 163 (1995) (codified as revised 

at 44 U.S.C. 3501–3520), and its 

implementing regulations, 5 CFR part 

1320, require Federal agencies to issue 

two notices seeking public comment on 

information collection activities before 

OMB may approve paperwork packages. 

44 U.S.C. 3506, 3507; 5 CFR 1320.5, 

1320.8(d)(1), 1320.12. On March 1, 2022 

FTA published a 60-day notice (87 FR 

11508) in the Federal Register soliciting 

comments on the ICR that the agency 

was seeking OMB approval. FTA 

received no comments after issuing this 

60-day notice. Accordingly, DOT 

announces that these information 

collection activities have been reevaluated and certified under 5 CFR 

1320.5(a) and forwarded to OMB for 

review and approval pursuant to 5 CFR 

1320.12(c). 

Before OMB decides whether to 

approve these proposed collections of 

information, it must provide 30 days for 

public comment. 44 U.S.C. 3507(b); 5 

CFR 1320.12(d). Federal law requires 

OMB to approve or disapprove 

paperwork packages between 30 and 60 

days after the 30-day notice is 

published. 44 U.S.C. 3507 (b)–(c); 5 CFR 

1320.12(d); see also 60 FR 44978, 44983, 

Aug. 29, 1995. OMB believes that the 

30-day notice informs the regulated 

community to file relevant comments 

and affords the agency adequate time to 

digest public comments before it 

renders a decision. 60 FR 44983, Aug. 

29, 1995. Therefore, respondents should 

submit their respective comments to 

OMB within 30 days of publication to 

best ensure having their full effect. 5 

CFR 1320.12(c); see also 60 FR 44983, 

Aug. 29, 1995. 

The summaries below describe the 

nature of the information collection 

requirements (ICRs) and the expected 

burden. The requirements are being 

submitted for clearance by OMB as 

required by the PRA. 

Title: Fixed Guideway Capital 

Investment Grants (CIG) Program 

Section 5309. 

OMB Control Number: 2132–0561. 

Background: The Federal Transit 

Administration (FTA) administers the 

discretionary Capital Investment Grants 

(CIG) grant program under 49 U.S.C. 

Section 5309 that provides funding for 

major transit capital investments 

including rapid rail, light rail, 

commuter rail, bus rapid transit, and 

ferries. Three types of eligible projects 

are outlined in law: smaller scaled 

corridor-based transit capital projects 

known as ‘‘Small Starts’’; new fixed 

guideway transit systems and 

extensions to existing fixed guideway 

systems known as ‘‘New Starts’’; and 

projects to improve capacity in existing 

fixed guideway corridors, known as 

‘‘Core Capacity’’. The CIG program has 

a longstanding requirement that FTA 

evaluate proposed projects against a 

prescribed set of statutory criteria at 

specific points during the projects’ 

development including when they seek 

to enter a subsequent phase of the 

process or a construction grant 

agreement. In addition, FTA must report 

on its evaluations and ratings annually 

to Congress. 

The current Federal Public 

Transportation Law, 49 U.S.C. 5309, has 

not changed the statutorily defined 

project justification and local financial 

commitment criteria that are the subject 

of this information collection. In 

addition, the statutorily required 

approval steps for projects seeking CIG 

funds have not changed. The current 

request for renewal of this information 

collection does not reflect any changes 

as a result of the Bipartisan 

Infrastructure Law (BIL). FTA will seek 

comment from stakeholders through the 

publication of a separate Federal 

Register Notice outside of the PRA 

process. In general, the information 

used by FTA for CIG project evaluation 

and rating should arise as a part of the 

normal project planning process. 

Respondents: State and local 

government agencies, including transit 

agencies. 

Estimated Annual Number of 

Respondents: 155 respondents. 

Estimated Total Annual Burden: 

68,840 hours. 

Frequency: Annually. 

Nadine Pembleton, 

Deputy Associate Administrator, Office of 

Administration. 

[FR Doc. 2022–13412 Filed 6–22–22; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0077; Notice 1] 

Michelin North America, LLC, Receipt 

of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Receipt 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, and subsequently petitioned 


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37554 Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Notices 

NHTSA on September 30, 2021, for a 

decision that the subject noncompliance 

is inconsequential as it relates to motor 

vehicle safety. This notice announces 

receipt of MNA’s petition. 

DATES: Send comments on or before July 

25, 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. 

• 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 

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, 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 MNA’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 

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 Michelin’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 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 

state 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 1090 kg (1433 lbs.) 

when they should have been marked 

with a maximum load of 1090 kg (2403 

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. They 

have not been evaluated by the Agency 

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 

were ‘‘designed as a load index 111 tire, 

with a maximum load rating of 1090 

kilograms, or 2403 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 1433 lbs., 

which is less than the actual designed 

maximum load of 2403 lbs.’’ 

MNA cites the following past 

inconsequentiality petitions NHTSA has 

granted that MNA claims are similar to 

the subject petition: 


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Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Notices 37555 

• 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 

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. 

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 MNA 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 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. 2022–13365 Filed 6–22–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2019–0130; Notice 2] 

Goodyear Tire & Rubber Company, 

Denial of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of petition denial. 

SUMMARY: Goodyear Tire & Rubber 

Company (Goodyear), has determined 

that certain Kelly Armorsteel KDM 1 

commercial truck tires do not 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. 

Goodyear petitioned NHTSA on 

November 25, 2019, for a decision that 

the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety, and filed a 

noncompliance report dated November 

26, 2019. This document announces and 

explains the denial of Goodyear’s 

petition. 

FOR FURTHER INFORMATION CONTACT: 

Jayton Lindley, Office of Vehicle Safety 

Compliance, NHTSA, telephone (325) 

655–0547. 

SUPPLEMENTARY INFORMATION: 

I. Overview: Goodyear has determined 

that certain Kelly Armorsteel KDM 1 

commercial truck tires do not fully 

comply with paragraph S6.5 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). Goodyear 

petitioned NHTSA on November 25, 

2019, 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. Goodyear filed a 

noncompliance report dated November 

26, 2019, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. 

Notice of receipt of Goodyear’s 

petition was published with a 30-day 

public comment period in the Federal 

Register (85 FR 35994, June 12, 2020). 

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–2019– 

0130.’’ 

II. Tires Involved: Approximately 76 

Kelly Armorsteel KDM 1 commercial 

truck tires, size 11/R22.5 LRH, 

manufactured between August 25, 2019, 

and August 31, 2019, are potentially 

involved. 

III. Noncompliance: Goodyear 

explained that the noncompliance is 

that the Tire Identification Number 

(TIN) on the subject tires contains a date 

code that was engraved less than the 

required depth of 0.51 mm (0.02 inch) 

and, therefore, does not meet the 

requirements of paragraph S6.5 of 

FMVSS No. 119. 

IV. Rule Requirements: Paragraph 

S6.5 of FMVSS No. 119 includes the 

requirements relevant to this petition. 

Each tire shall be marked on each 

sidewall with the information specified 

in paragraphs (a) through (j) of this 

section. The markings shall comply 

with part 574.5 Tire Identification 

Markings which requires, among other 

things, that the markings be 

permanently molded 0.51 mm (0.02 

inch) to 1.02 mm (0.04 inch) deep. 

V. Summary of Goodyear’s Petition: 

The following views and arguments 

presented in this section are the views 

and arguments provided by Goodyear. 

They do not reflect the views of the 

Agency. 

Accordingly, Goodyear described the 

subject noncompliance and stated that 

the noncompliance is inconsequential 

as it relates to motor vehicle safety. 

1. Goodyear believes this 

noncompliance is inconsequential to 

motor vehicle safety because these tires 

were manufactured as designed and 

meet or exceed all applicable FMVSS. 

All of the sidewall markings related to 

tire service (load capacity, 

corresponding inflation pressure, etc.) 

are correct. The mislabeling and 

irregular date code is not a safety 

concern and has no impact on the 

retreading, repairing, and recycling 

industries. The affected date code 

stencil has been corrected, and all future 

production will not contain the 

irregularity in the date code. 

2. Goodyear states that the date code 

portion of the TIN becomes important in 


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