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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37556 Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Notices 

1https://www.nhtsa.gov/equipment/tires 

(‘‘Should I replace my tires?’’) 

the event of a safety campaign, so that 

the consumer may properly identify the 

recalled tire(s). Goodyear states that in 

the unlikely event that a safety 

campaign would ever become necessary 

for this Kelly Armorsteel KDM 1 11/ 

R22.5 LRH commercial truck tire made 

in the 34th week of 2019, it would 

include in the listing of recalled TINs 

the TIN for these tires with the date 

code portion as shown: 

MJ3TK2BW3419, as well as the TIN for 

these tires with the date code portion 

omitted as shown: MJ3TK2BW, so that 

the consumer would know that tires 

with this TIN are included in the recall 

even if they have difficulty reading the 

date code portion because it is not 

raised to the 0.51 mm level. 

Goodyear concluded by expressing 

the belief 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. 

VI. NHTSA’s Analysis: NHTSA does 

not agree with Goodyear’s assessment 

that the noncompliance with FMVSS 

No. 119 is inconsequential to motor 

vehicle safety. As discussed below, the 

tire markings required by paragraph 

S6.5 (b) of FMVSS No. 119 provide 

valuable information about the tire. 

Goodyear does not provide information 

on the actual engraved depth of the date 

code, other than stating it is less than 

the required depth of 0.51 mm (0.02 

inch). However, an exemplar photo 

provided by Goodyear in its petition 

shows that it is more than a de minimus 

deviation from the required depth and 

illustrates that the date code is very 

difficult or impossible to read. 

NHTSA recognizes that Goodyear has 

addressed one safety related concern by 

ensuring that the subject tires with the 

insufficient date code depth will be 

included in any relevant future recall. 

However, the Agency finds that this 

measure does not address all safety 

concerns associated with a missing or 

illegible date code. 

A significant source of tire related 

accidents is tire age. This is especially 

a concern in recreational vehicles (RVs) 

on which the subject tires could be 

installed because of the tire’s size. RVs 

often sit in storage, unused, for 

extensive periods of time. NHTSA’s 

website provides guidance for replacing 

a tire due to age and states the 

following: ‘‘As tires age, they are more 

prone to failure. Some vehicle and tire 

manufacturers recommend replacing 

tires that are six to 10 years old 

regardless of treadwear.’’ 1 In the case of 

the subject tires, the insufficient date 

code depth makes the date code 

challenging to read, and the date code 

may become completely illegible with 

wear. This will prevent consumers from 

making informed decisions related to 

the age of the tire, which may lead to 

prolonged usage and increased risk of 

accidents. 

Finally, Goodyear stated and believes 

this noncompliance is inconsequential 

to motor vehicle safety because these 

tires were manufactured as designed 

and meet or exceed all applicable 

Federal Motor Vehicle Safety Standards. 

Further, Goodyear stated all the 

sidewall markings related to tire service 

(load capacity, corresponding inflation 

pressure, etc.) are correct. NHTSA does 

not find these arguments to be relevant 

to the safety concerns presented by the 

noncompliance because they do not 

relate to the information provided by 

the date code. 

VII. NHTSA’s Decision: In 

consideration of the foregoing, NHTSA 

has decided that Goodyear has not met 

its burden of persuasion that the subject 

FMVSS No. 119 noncompliance is 

inconsequential to motor vehicle safety. 

Accordingly, Goodyear’s petition is 

hereby denied and Goodyear is 

consequently obligated to provide 

notification of and free remedy for that 

noncompliance under 49 U.S.C. 30118 

and 30120. 

(Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at 49 CFR 1.95 and 

501.8) 

Anne L. Collins, 

Associate Administrator for Enforcement. 

[FR Doc. 2022–13364 Filed 6–22–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Notice of OFAC Sanctions Actions 

AGENCY: Office of Foreign Assets 

Control (OFAC), Treasury. 

ACTION: Notice. 

SUMMARY: The U.S. Department of the 

Treasury’s Office of Foreign Assets 

Control is publishing the names of one 

or more persons that have been placed 

on OFAC’s Specially Designated 

Nationals and Blocked Persons List 

(SDN List) based on OFAC’s 

determination that one or more 

applicable legal criteria were satisfied. 

All property and interests in property 

subject to U.S. jurisdiction of these 

persons are blocked, and U.S. persons 

are generally prohibited from engaging 

in transactions with them. 

DATES: See Supplementary Information 

section for effective date(s). 

FOR FURTHER INFORMATION CONTACT: 

OFAC: Andrea Gacki, Director, tel.: 

202–622–2490; 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 Sanctions 

Compliance & Evaluation, tel.: 202–622– 

2490. 

SUPPLEMENTARY INFORMATION: 

Electronic Availability 

The Specially Designated Nationals 

and Blocked Persons List and additional 

information concerning OFAC sanctions 

programs are available on OFAC’s 

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

Notice of OFAC Actions 

On June 17, 2022, OFAC determined 

that the property and interests in 

property subject to U.S. jurisdiction of 

the following persons are blocked under 

the relevant sanctions authority listed 

below. 

Individual 

1. LOPEZ DELGADO, Ruy, Carretera 

Masaya, Km 6.5, Plaza 800 Mts Sur Lomas 

Santo Domingo, Casa #6, Managua, 

Nicaragua; DOB 30 Jun 1949; POB Managua, 

Nicaragua; nationality Nicaragua; Gender 

Male; Passport C01850896 (Nicaragua) issued 

11 May 2015 expires 11 May 2025; National 

ID No. 0013006490003J (Nicaragua) 

(individual) [NICARAGUA]. 

Designated pursuant to section 1(a)(iii) of 

Executive Order 13851 of November 27, 

2018, ‘‘Blocking Property of Certain Persons 

Contributing to the Situation in Nicaragua 

(‘‘E.O. 13851’’), for being an official of the 

Government of Nicaragua or having served as 

an official of the Government of Nicaragua at 

any time on or after January 10, 2007. 

Entity 

1. EMPRESA NICARAGUENSE DE MINAS 

(a.k.a. ENIMINAS), Residencial Bolonia, de la 

Embajada Alemania, 2 cuadras Oeste, 1 

cuadra Norte, Managua, Nicaragua; 

Organization Established Date 2017; 

Organization Type: Mining of other nonferrous metal ores; Target Type State-Owned 

Enterprise [NICARAGUA] (Linked To: 

LOPEZ DELGADO, Ruy). 

Designated pursuant to section 1(a)(v) of 

E.O. 13851, for being owned or controlled by, 

or having acted or purported to act for or on 

behalf of, directly or indirectly, Ruy 

DELGADO LOPEZ, a person whose property 

and interests in property are blocked 

pursuant to E.O. 13851. 


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