Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Notices 41381 

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 another exercise 

of judgment concerning the merits of the 

petition. 

II. Tires Involved: Approximately 160 

Michelin X Multi D+, size11R22.5, 

replacement tires, manufactured 

between May 26, 2019, and June 29, 

2019, are potentially involved. 

III. Noncompliance: MNA explains 

that the noncompliance was due to a 

mold error in which the subject tires are 

missing the letter designating the tire 

load range as required by paragraph 

S6.5(j) of FMVSS No. 119. Specifically, 

the sidewalls of the subject tires omit 

the designated load range letter ‘‘H.’’ 

IV. Rule Requirements: Paragraph 

S6.5(j) of FMVSS No. 119 includes the 

requirements relevant to this petition. 

The subject tires are required to be 

marked on each sidewall with the tire 

load range letter. 

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. 

MNA explains that the 

noncompliance was found when a 

Michelin Field Engineer was notified 

that some of the subject tires ‘‘had a 

different tread pattern than the customer 

was accustomed to.’’ MNA explains that 

the subject tires were intended for the 

Asia and India tire markets, yet were 

certified to the applicable U.S. FMVSS, 

and properly labeled with the 

certification symbol ‘‘DOT.’’ MNA states 

that the tires ‘‘entered the U.S. through 

channels outside of Michelin’s control.’’ 

MNA says that the subject tires have not 

been sold through MNA’s sales or 

distribution channels. MNA also states 

that it has taken corrective measures to 

prevent the shipping or sale of the tires 

by blocking the SKUs in its internal 

databases. 

MNA claims that the subject tires 

were manufactured as a load index 148 

single/145 dual tire with a maximum 

single load rating of 3150 kilograms or 

6940 pounds at 830 kPa or 120 psi cold 

inflation pressure and a maximum dual 

load rating of 2900 kilograms or 6395 

pounds at 830 kPa or 120 psi cold 

inflation pressure. In regard to 

operational safety, MNA asserts that it 

tested the subject tires and found that 

they comply with the necessary 

performance requirements required by 

FMVSS No. 119. Except for the subject 

noncompliance, MNA also claims that 

the subject tires meet all marking 

requirements and ‘‘are also marked with 

load indices for single and dual 

applications,’’ which MNA contends 

will ‘‘provide both dealers and 

consumers with the necessary 

information to enable proper selection 

and application of the tires.’’ 

MNA states that it has blocked the 

SKU for the subject tires in its systems 

to prevent shipment to the U.S. and sale 

through MNA. MNA also states that the 

molds will be updated to include the 

required load range letter designation 

and until then, the SKU will remain 

blocked in its systems. 

MNA says that NHTSA has previously 

granted petitions which it believes are 

similar to the subject petition. MNA 

refers to the granting of the petition 

submitted by China Manufacturers 

Alliance, LLC, for 1,753,089 truck & bus 

radial replacement tires that were 

missing the letter marking that 

designates the tire load range on the tire 

sidewall. 

MNA concludes by stating its belief 

that the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety and 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 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. 2022–14767 Filed 7–11–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Hazardous Materials: Notice of 

Applications for New Special Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of applications for special 

permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations, notice is hereby given that 

the Office of Hazardous Materials Safety 

has received the application described 

herein. 

DATES: Comments must be received on 

or before August 11, 2022. 

ADDRESSES: Record Center, Pipeline and 

Hazardous Materials Safety 

Administration U.S. Department of 

Transportation Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Donald Burger, Chief, Office of 

Hazardous Materials Safety General 

Approvals and Permits Branch, Pipeline 

and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, East Building, PHH–13, 

1200 New Jersey Avenue Southeast, 

Washington, DC 20590–0001, (202) 366– 

4535. 

SUPPLEMENTARY INFORMATION: Each 

mode of transportation for which a 

particular special permit is requested is 

indicated by a number in the ‘‘Nature of 

Application’’ portion of the table below 

as follows: 1—Motor vehicle, 2—Rail 

freight, 3—Cargo vessel, 4—Cargo 

aircraft only, 5—Passenger-carrying 

aircraft. 

Copies of the applications are 

available for inspection in the Records 

Center, East Building, PHH–13, 1200 

New Jersey Avenue Southeast, 

Washington, DC. 


jspears on DSK121TN23PROD with NOTICES1
41382 Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Notices 

This notice of receipt of applications 

for special permit is published in 

accordance with part 107 of the Federal 

hazardous materials transportation law 

(49 U.S.C. 5117(b); 49 CFR 1.53(b)). 

Issued in Washington, DC, on July 6, 2022. 

Donald P. Burger, 

Chief, General Approvals and Permits 

Branch. 

Application No. Applicant Regulation(s) affected Nature of the special permits thereof 

SPECIAL PERMITS DATA 

21382–N ......... CU Aerospace LLC ................. 173.232(g)(3) .......................... To authorize the transportation in commerce of compressed 

gases in a non-DOT specification package. (modes 1, 4). 

21383–N ......... Emergency Environmental 

Services, LLC.

173.185(f) ................................ To authorize the transportation in commerce of damaged lithium batteries in non-spec packaging. (mode 1). 

21385–N ......... Williams Advanced Engineering Limited.173.185(a)(1), 173.185(b)(6) .. To authorize the transportation in commerce of prototype and 

low production lithium ion batteries exceeding 35 kg net 

weight aboard cargo-only aircraft. (mode 4) 

21387–N ......... Cobham Mission Systems Orchard Park Inc.173.302a ................................. To authorize the manufacture, mark, sale, and use of full 

wrapped fiber reinforced aluminum 6061–T6 lined cylinder 

meeting the ISO Standard 11119–2 except as specified 

herein. (modes 1, 2, 3, 4, 5). 

21390–N ......... Bollore Logistics Germany 

Gmbh.

173.220(d), 173.185(a)(1), 

173.185(e)(7).

To authorize the transportation in commerce of lithium ion 

batteries and cells in non-specification packaging (spacecraft). (mode 4) 

21393–N ......... Bollore Logistics Germany 

Gmbh.

173.185(a)(1) .......................... To authorize the transportation in commerce of prototype lithium batteries contained in equipment via cargo-only aircraft. (mode 4) 

21394–N ......... Alucan Entec SA ..................... 173.306(a)(3)(ii), 

173.306(a)(3)(ii).

To authorize the manufacture, mark, sale and use of a certain non-DOT specification inside metal containers conforming to all regulations applicable to a DOT Specification 

2Q inner non-refillable metal receptacle, except as specified herein. (mode 3) 

21396–N ......... Porsche Cars North America, 

Inc.

173.185(f)(3) ........................... To authorize the transportation in commerce of damaged, 

defective, and recalled lithium batteries with more than one 

lithium battery per outer packaging. (modes 1, 2, 3) 

21397–N ......... Strategic Edge Imports, LLC .. 172.204(a)(1), 172.301(a)(1), 

172.301(c), 172.404(a), 

172.404(b), 172.704(a)(1), 

172.704(a)(3), 

172.704(a)(3)(i), 

172.704(a)(3)(ii), 

172.704(a)(3)(iii), 

172.704(a)(4).

To authorize the transportation in commerce of certain DOT 

3AL, TC/3ALM and UN ISO 7866 cylinders that contain 

carbon dioxide, with alternative hazard communication. 

(modes 1, 2, 3) 

21402–N ......... Daniels Sharpsmart, Inc ......... 173.196(a) ............................... To authorize the transportation in commerce of infectious 

substances affecting humans in alternative packaging. 

(mode 1) 

[FR Doc. 2022–14774 Filed 7–11–22; 8:45 am] 

BILLING CODE 4909–60–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Hazardous Materials: Notice of Actions 

on Special Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of actions on special 

permit applications. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations, notice is hereby given that 

the Office of Hazardous Materials Safety 

has received the application described 

herein. 

DATES: Comments must be received on 

or before August 11, 2022. 

ADDRESSES: Record Center, Pipeline and 

Hazardous Materials Safety 

Administration U.S. Department of 

Transportation, Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Donald Burger, Chief, Office of 

Hazardous Materials Safety General 

Approvals and Permits Branch, Pipeline 

and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, East Building, PHH–13, 

1200 New Jersey Avenue Southeast, 

Washington, DC 20590–0001, (202) 366– 

4535. 

SUPPLEMENTARY INFORMATION: Copies of 

the applications are available for 

inspection in the Records Center, East 

Building, PHH–13, 1200 New Jersey 

Avenue Southeast, Washington, DC. 

This notice of receipt of applications 

for special permit is published in 

accordance with part 107 of the Federal 

hazardous materials transportation law 

(49 U.S.C. 5117(b); 49 CFR 1.53(b)). 

Issued in Washington, DC, on July 6, 2022. 

Donald P. Burger, 

Chief, General Approvals and Permits 

Branch. 


jspears on DSK121TN23PROD with NOTICES1