38254 Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Notices 

information the commenter provides, to 

http://www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean O’Tormey at 202–267–4044, Office 

of Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC. 

Timothy R. Adams, 

Deputy Executive Director, Office of 

Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2022–0527. 

Petitioner: Atlas Air, Inc. 

Section(s) of 14 CFR Affected: 

121.368(h). 

Description of Relief Sought: 

Petitioner seeks an exemption from 14 

CFR 121.368(h) so that it may maintain 

and update its maintenance provider list 

by listing all of its contract maintenance 

providers and the principal address 

where the contract maintenance 

provider performs maintenance, or is 

based in the case of contract flight 

mechanics, and all of the locations, by 

physical address or airport code, where 

maintenance is carried out for Atlas and 

a description of the type of 

maintenance, preventative maintenance, 

or alteration that is performed there. 

[FR Doc. 2022–13600 Filed 6–24–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2018–0106; Notice 2] 

Daimler Vans USA, LLC, 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: Daimler Vans USA, LLC, 

(Daimler Vans) on behalf of Daimler AG, 

has determined that certain model year 

(MY) 2016–2018 Mercedes-Benz Metris 

vans do not fully comply with Federal 

Motor Vehicle Safety Standard (FMVSS) 

No. 110, Tire Selection and Rims and 

Motor Home/Recreation Vehicle Trailer 

Load Carrying Capacity Information for 

Motor Vehicles with a GVWR of 4,536 

kilograms (10,000 pounds) or Less. 

Daimler Vans filed a noncompliance 

report dated October 24, 2018, and later 

amended it on November 9, 2018. 

Daimler Vans also petitioned NHTSA on 

November 9, 2018, for a decision that 

the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. This document 

announces and explains the denial of 

Daimler Vans’ petition. 

FOR FURTHER INFORMATION CONTACT: 

Ahmad Barnes, Office of Vehicle Safety 

Compliance, the National Highway 

Traffic Safety Administration (NHTSA), 

(202) 366–7236. 

SUPPLEMENTARY INFORMATION: 

I. Overview: Daimler Vans has 

determined that certain MY 2016–2018 

Mercedes-Benz Metris vans do not fully 

comply with paragraphs S4.2.2.2 of 

FMVSS No. 110, Tire Selection and 

Rims and Motor Home/Recreation 

Vehicle Trailer Load Carrying Capacity 

Information for Motor Vehicles with a 

GVWR of 4,536 kilograms (10,000 

pounds) or Less (49 CFR 571.110). 

Daimler Vans filed a noncompliance 

report dated October 24, 2018, and later 

amended it on November 9, 2018, 

pursuant to 49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. Daimler Vans also petitioned 

NHTSA on November 9, 2018, 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 Daimler Vans’ 

petition was published with a 30-day 

public comment period, on September 

16, 2019, in the Federal Register (84 FR 

48702). 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–2018– 

0106.’’ 

II. Vehicles Involved: Approximately 

24,438 MY 2016–2018 Mercedes BenzMetris vans, manufactured between 

June 1, 2016, and September 28, 2018, 

are potentially involved. 

III. Noncompliance: Manufacturers 

are permitted to install passenger car 

tires on a multipurpose passenger 

vehicle (MPV), truck, bus, or trailer. 

However, when passenger car tires are 

used in one of these other light vehicle 

applications, paragraph S4.2.2.2 of 

FMVSS No. 110, provides that each 

tire’s maximum load rating is to be 

reduced by dividing it by a factor of 1.10 

before the manufacturer determines the 

maximum load ratings of the tires fitted 

to each axle. For the equipped tires on 

the Daimler Vans, the pre S4.2.2.2 

adjustment tire specifications (based on 

a tire load rating with a load index of 

101) yields a load capacity of 825 kg 

(1,818 pounds) per tire and 1,650 kg 

(3,637 pounds) per axle. Specifically, 

the subject vehicles were certified with 

a maximum load rating of 775 kg (1,708 

pounds) per tire or 1,550 kg (3,417 

pounds) combined per axle. However, 

after dividing each tire specification tire 

capacity value by 1.1 and thereby 

reducing the maximum load rating, the 

tires on the subject vehicles have an 

adjusted maximum load rating of 750 kg 

(1,653pounds) per tire and 1,500 kg 

(3,307 pounds) per axle—values below 

the certified GAWR (Gross Axle Weight 

Rating) for the front and rear axles. 

IV. Rule Requirements: Paragraphs 

S4.2.2.1 and S4.2.2.2 of FMVSS No. 110 

include the requirements relevant to 

this petition. Section S4.2.2.1 requires 

the sum of the maximum load ratings of 

the tires fitted to an axle shall not be 

less than the GAWR of the axle system 

as specified on the vehicle’s 

certification label required by 49 CFR 

part 567. Section S4.2.2.2, further 

requires that when passenger car tires 

are installed on an MPV, truck, bus, or 

trailer, each tire’s load rating is reduced 

by dividing it by 1.10 before 

determining, under paragraph S4.2.2.1, 

the sum of the maximum load ratings of 

the tires fitted to an axle. 

V. Summary of Daimler Van’s 

Petition: The following views and 

arguments presented in this section, ‘‘V. 

Summary of Daimler Vans’ Petition,’’ 

are the views and arguments provided 

by Daimler Vans and do not reflect the 

views of the Agency. In its petition, 

Daimler Vans describes the subject 

noncompliance and contends that the 

noncompliance is inconsequential as it 

relates to motor vehicle safety for the 

following reasons: 

1. There is no safety risk posed with 

this noncompliance because the tires are 

designed to carry significantly more 

than the GAWR listed on the 

certification label. 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Notices 38255 

1Cf. Gen. Motors Corporation; Ruling on Petition 

for Determination of Inconsequential 

Noncompliance, 69 FR 19897, 19899 (Apr. 14, 

2004) (citing prior cases where noncompliance was 

expected to be imperceptible, or nearly so, to 

vehicle occupants or approaching drivers). 

2See Gen. Motors, LLC; Grant of Petition for 

Decision of Inconsequential Noncompliance, 78 FR 

35355 (June 12, 2013) (finding noncompliance had 

no effect on occupant safety because it had no effect 

on the proper operation of the occupant 

classification system and the correct deployment of 

an air bag); Osram Sylvania Prods. Inc.; Grant of 

Petition for Decision of Inconsequential 

Noncompliance, 78 FR 46000 (July 30, 2013) 

(finding occupant using noncompliant light source 

would not be exposed to significantly greater risk 

than occupant using similar compliant light 

source). 

3 Morgan 3 Wheeler Limited; Denial of Petition for 

Decision of Inconsequential Noncompliance, 81 FR 

21663, 21666 (Apr. 12, 2016). 

4United States v. Gen. Motors Corp., 565 F.2d 

754, 759 (D.C. Cir. 1977) (finding defect poses an 

unreasonable risk when it ‘‘results in hazards as 

potentially dangerous as sudden engine fire, and 

where there is no dispute that at least some such 

hazards, in this case fires, can definitely be 

expected to occur in the future’’). 

2. The Metris vans also have installed 

the same tire size as the Metris vans sold 

in Europe that have the same axle 

weight ratings and those vehicles have 

performed without incident for years. 

3. Despite the discrepancy in 

calculating the maximum load rating, 

the Metris vans are more than able to 

accommodate additional weight loaded 

onto the vehicle. Per the specifications 

provided by the tire supplier, based on 

the tire’s load index rating of 101, each 

tire, in fact, has a maximum load rating 

of 825 kg (1,818 pounds) per tire and a 

combined maximum load rating of 1,650 

kg (3,637 pounds) per axle. Thus, the 

tires were designed and manufactured 

to safely and effectively manage weights 

that are well beyond the GAWR for each 

axle. 

4. The GAWR listed on the vehicle 

certification label is accurate so that a 

consumer relying on and following the 

values for the front and rear GAWR, for 

purposes of vehicle loading, would not 

be at risk of overloading the axles. 

5. The tires on the Metris vans have 

a payload reserve of 6.5 percent at a 

load of 1,550 kg per axle, which is 

slightly below the payload reserve of 10 

percent specified by FMVSS No. 110. 

Moreover, the tire pressure specified for 

each tire on the Metris Van is at least 

11% higher (tire pressure reserve) then 

the ETRTO (European Tyre and Rim 

Technical Organisation) recommended 

tire pressure. This tire pressure reserve 

reduces the stress on the tire, due to 

reduced deflection of the tire under 

load. 

6. Further, the Metris vans are 

equipped with a standard tire pressure 

monitoring system (TPMS) that is 

compliant with FMVSS No. 138. 

Depending on the severity of the loss of 

tire pressure, the Metris vans display 

one of three specialized TPMS warnings 

in the instrument panel advising the 

operator of the loss of pressure and how 

quickly the operator should take 

corrective action. If the tires were to 

experience a loss of tire pressure, the 

driver would be alerted to this condition 

and could take appropriate measures. 

Thus, if there were to be a loss of tire 

pressure, consistent with the standard, 

the TPMS system would warn the 

operator. 

7. After identifying the discrepancy in 

the values listed on the tire and loading 

information placard, Daimler Vans 

reviewed what, if any, impact there 

could be on various vehicle systems that 

could potentially be affected by the 

discrepancy. This review considered the 

effect on steering, braking, axle strength, 

and crashworthiness if the operator 

loaded the vehicle to the maximum 

amount listed on the tire and loading 

information placard. As a result of the 

review, Daimler Vans was able to 

confirm that the discrepancy will not 

adversely impact any of these systems 

or otherwise diminish the performance 

or crashworthiness of the Metris vans. 

8. Daimler Vans states that it is not 

aware of any consumer complaints or 

reports of accidents or injuries related to 

overloading the vehicles that could 

reasonably be related to not derating the 

reinforced passenger car tires prior to 

certification. In addition, Metris vans 

sold in Europe are equipped with tires 

that are the same size and the vehicles 

have the same axle weight ratings. The 

European vehicles have similarly 

performed without incident. 

9. The Agency has previously granted 

petitions for inconsequential 

noncompliance involving similar 

inconsistencies involving tire maximum 

load ratings. In 2017, the Agency 

granted a petition for inconsequential 

noncompliance where a manufacturer 

had incorrectly overstated the maximum 

occupant and cargo weight on the tire 

and loading information placard, by a 

total of 30 kg. Although on its face, this 

discrepancy would have appeared to 

have led consumers to potentially 

overload the vehicle, the Agency 

concluded that when the vehicle was 

loaded to the value listed on the 

placard, the specific tires installed on 

the vehicles were nonetheless 

technically capable of handling the 

overstated weight and cargo. In this 

instance, for one vehicle variation, the 

maximum loads were below the GAWR 

and gross vehicle weight rating (GVWR) 

and for another vehicle variation, the 

maximum loads were ‘‘essentially at the 

certified GAWR and GVWR values.’’ 

The Agency concluded that the tires 

were ‘‘more than adequate’’ to manage 

the additional vehicle and cargo weight 

and that the vehicles could safely 

manage the additional weight without 

overload concerns. See 82 FR 33547 

(July 20, 2017) (Grant of Petition for 

Decision of Inconsequential 

Noncompliance by Mercedes-Benz USA, 

LLC). 

10. The noncompliance at issue here 

is similar to the above petition. In this 

case, there is also little concern of 

vehicle overloading because the 

specifications for the tires installed on 

the Metris vans are technically capable 

of managing the additional weight even 

without the reinforced passenger car 

tires having been derated. 

Daimler Vans 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. 

Daimler Vans’ complete petition and 

all supporting documents are available 

by logging onto the Federal Docket 

Management System (FDMS) website at 

https://www.regulations.gov and 

following the online search instructions 

to locate the docket number listed in the 

title of this notice. 

VI. NHTSA’s Analysis: The burden of 

establishing the inconsequentiality of a 

failure to comply with a performance 

requirement in a standard—as opposed 

to a labeling requirement—is more 

substantial and difficult to meet. 

Accordingly, the Agency has not found 

many such noncompliances 

inconsequential.1

An important issue to consider in 

determining inconsequentiality based 

upon NHTSA’s prior decisions on 

noncompliance issues was the safety 

risk to individuals who experience the 

type of event against which the recall 

would otherwise protect.2 NHTSA also 

does not consider the absence of 

complaints or injuries to show that the 

issue is inconsequential to safety. ‘‘Most 

importantly, the absence of a complaint 

does not mean there have not been any 

safety issues, nor does it mean that there 

will not be safety issues in the future.’’ 3

‘‘[T]he fact that in past reported cases 

good luck and swift reaction have 

prevented many serious injuries does 

not mean that good luck will continue 

to work.’’ 4

The intent of FMVSS No. 110 is to 

ensure that vehicles are equipped with 

tires appropriate to handle maximum 

vehicle loads and prevent overloading. 


jspears on DSK121TN23PROD with NOTICES1
38256 Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Notices 

Daimler Vans explains that due to an 

oversight, a 1.10 reduction on each tire’s 

maximum load rating was not applied 

before the overall maximum load rating 

of the tires for each axle was set. As a 

result, the sum of the maximum load 

ratings of the tires fitted to each axle 

(after being divided by 1.10) are less 

than the GAWR for the axle as specified 

on the vehicle certification label by 110 

lbs. The 1.10 factor reduction due to the 

use of passenger tires on a van-truck, 

results effectively in the tires, per 

FMVSS 110 S4.2.2.2, falling short of 

covering the vehicle’s GAWR which 

results in a 96.8% coverage rate (3307 

lbs/3417 lbs) of covering the vehicle’s 

GAWR. 

Daimler Vans additionally notated 

that the Agency has previously granted 

petitions for inconsequential 

noncompliance involving similar 

inconsistencies involving tire maximum 

load ratings. The referenced granted 

petition involves passenger vehicles 

where the vehicle manufacturer had 

incorrectly overstated the maximum 

occupant and cargo weight on the Tire 

and Loading Information Label. In short, 

the Agency concluded that when the 

vehicle was loaded to the value listed 

on the placard, the specific tires 

installed on the vehicles were 

nonetheless technically capable of 

handling the overstated weight and 

cargo. It should, however, be noted that 

in the ‘‘similar granted petition,’’ the 

maximum load values were either at or 

below the GAWR/GVWR for the subject 

vehicles. 

VII. NHTSA’s Decision: In 

consideration of the foregoing analysis, 

NHTSA finds that Daimler Vans has not 

met its burden of persuasion that the 

subject FMVSS No. 110 noncompliance 

at issue is inconsequential to motor 

vehicle safety. 

Accordingly, Daimler Vans’ petition is 

hereby denied and Daimler Vans is 

consequently obligated of providing 

notification of, and a 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. 2022–13598 Filed 6–24–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Information Collection 

Revision; Submission for OMB 

Review; Regulation C—Home 

Mortgage Disclosure Act 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The OCC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a continuing information 

collection as required by the Paperwork 

Reduction Act of 1995 (PRA). An agency 

may not conduct or sponsor, and 

respondents are not required to respond 

to, an information collection unless it 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. The OCC is soliciting comment 

concerning the revision of the 

information collection titled 

‘‘Regulation C—Home Mortgage 

Disclosure Act.’’ The OCC also is giving 

notice that it has sent the collection to 

OMB for review. 

DATES: Comments must be submitted on 

or before July 27, 2022. 

ADDRESSES: Commenters are encouraged 

to submit comments by email, if 

possible. You may submit comments by 

any of the following methods: 

• Email: prainfo@occ.treas.gov. 

• Mail: Chief Counsel’s Office, 

Attention: Comment Processing, 1557– 

0345, Office of the Comptroller of the 

Currency, 400 7th Street SW, Suite 3E– 

218, Washington, DC 20219. 

• Hand Delivery/Courier: 400 7th 

Street SW, Suite 3E–218, Washington, 

DC 20219. 

• Fax: (571) 465–4326. 

Instructions: You must include 

‘‘OCC’’ as the agency name and ‘‘1557– 

0345’’ in your comment. In general, the 

OCC will publish comments on 

www.reginfo.gov without change, 

including any business or personal 

information provided, such as name and 

address information, email addresses, or 

phone numbers. Comments received, 

including attachments and other 

supporting materials, are part of the 

public record and subject to public 

disclosure. Do not include any 

information in your comment or 

supporting materials that you consider 

confidential or inappropriate for public 

disclosure. 

Written comments and 

recommendations for the proposed 

information collection should also 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. 

On April 21, 2022, the OCC published 

a 60-day notice for this information 

collection, 87 FR 23911. You may 

review comments and other related 

materials that pertain to this 

information collection following the 

close of the 30-day comment period for 

this notice by the method set forth in 

the next bullet. 

• Viewing Comments Electronically: 

Go to www.reginfo.gov. Hover over the 

‘‘Information Collection Review’’ tab 

and click on ‘‘Information Collection 

Review’’ from the drop-down menu. 

From the ‘‘Currently under Review’’ 

drop-down menu, select ‘‘Department of 

Treasury’’ and then click ‘‘submit.’’ This 

information collection can be located by 

searching by OMB control number 

‘‘1557–0345’’ or ‘‘Regulation C—Home 

Mortgage Disclosure Act.’’ Upon finding 

the appropriate information collection, 

click on the related ‘‘ICR Reference 

Number.’’ On the next screen, select 

‘‘View Supporting Statement and Other 

Documents’’ and then click on the link 

to any comment listed at the bottom of 

the screen. 

• For assistance in navigating 

www.reginfo.gov, please contact the 

Regulatory Information Service Center 

at (202) 482–7340. 

FOR FURTHER INFORMATION CONTACT: 

Shaquita Merritt, OCC Clearance 

Officer, (202) 649–5490, Chief Counsel’s 

Office, Office of the Comptroller of the 

Currency, 400 7th Street SW, 

Washington, DC 20219. If you are deaf, 

hard of hearing, or have a speech 

disability, please dial 7–1–1 to access 

telecommunications relay services. 

SUPPLEMENTARY INFORMATION: Under the 

PRA (44 U.S.C. 3501 et seq.), Federal 

agencies must obtain approval from the 

OMB for each collection of information 

that they conduct or sponsor. 

‘‘Collection of information’’ is defined 

in 44 U.S.C. 3502(3) and 5 CFR 

1320.3(c) to include agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 

information to a third party. OCC asks 

that OMB extend its approval of the 

collection in this notice. 

Title: Regulation C—Home Mortgage 

Disclosure Act. 

OMB Control No.: 1557–0345. 

Type of Review: Regular review. 

Abstract: The Consumer Financial 

Protection Bureau’s (CFPB) Regulation 


jspears on DSK121TN23PROD with NOTICES1