Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices 45661 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE., Room W23–453, 

Washington, DC 20590. Telephone 202– 

366–9309, Email Bianca.carr@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel CONUNDRUM is: 

—Intended Commercial Use of Vessel: 

Charter vessel operations 

—Geographic Region: ‘‘Florida, Maine, 

New Hampshire, Massachusetts, 

Rhode Island, Connecticut, New York, 

Delaware, New Jersey, Maryland, 

Virginia, North Carolina, South 

Carolina, Georgia, Alabama, 

Mississippi, Louisiana, Texas, 

Pennsylvania, Ohio, Indiana, Illinois, 

Michigan, Wisconsin, Minnesota’’ 

The complete application is given in 

DOT docket MARAD–2017–0168 at 

http://www.regulations.gov. Interested 

parties may comment on the effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the issuance of the waiver will 

have an unduly adverse effect on a U.S.- 

vessel builder or a business that uses 

U.S.-flag vessels in that business, a 

waiver will not be granted. Comments 

should refer to the docket number of 

this notice and the vessel name in order 

for MARAD to properly consider the 

comments. Comments should also state 

the commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT/MARAD solicits comments from 

the public to better inform its 

rulemaking process. DOT/MARAD posts 

these comments, without edit, to 

www.regulations.gov, as described in 

the system of records notice, DOT/ALL– 

14 FDMS, accessible through 

www.dot.gov/privacy. In order to 

facilitate comment tracking and 

response, we encourage commenters to 

provide their name, or the name of their 

organization; however, submission of 

names is completely optional. Whether 

or not commenters identify themselves, 

all timely comments will be fully 

considered. If you wish to provide 

comments containing proprietary or 

confidential information, please contact 

the agency for alternate submission 

instructions. 

(Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 

46 U.S.C. 12121) 

By Order of the Maritime Administrator. 

Dated: September 26, 2017. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2017–20915 Filed 9–28–17; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2017–0040; Notice 1] 

Continental Tire the Americas, 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: Continental Tire the 

Americas, LLC (CTA), has determined 

that certain Continental brand tires do 

not fully comply with Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

139, New Pneumatic Radial Tires for 

Light Vehicles. CTA filed a 

noncompliance report dated March 31, 

2017. CTA also petitioned NHTSA on 

April 27, 2017, and amended it on June 

28, 2017, for a decision that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

DATES: The closing date for comments 

on the petition is October 30, 2017. 

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 be submitted by any of the 

following methods: 

• Mail: Send comments by mail 

addressed to 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 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 Federal Holidays. 

• Electronically: Submit comments 

electronically by logging onto the 

Federal Docket Management System 

(FDMS) Web site 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 

dockets. 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). 

SUPPLEMENTARY INFORMATION: 

I. Overview: Continental Tire the 

Americas, LLC (CTA), has determined 

that certain Continental brand tires do 

not fully comply with paragraphs 

S5.5(e) and S5.5(f) of FMVSS No. 139, 

New Pneumatic Radial Tires for Light 

Vehicles. CTA filed a noncompliance 

report dated March 31, 2017, pursuant 

to 49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. CTA also petitioned NHTSA on 

April 27, 2017, pursuant to 49 U.S.C. 

30118(d) and 30120(h) and 49 CFR part 

556, 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. 

This notice of receipt of CTA’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. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
45662 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices 

1Cooper Tire & Rubber Company, 82 FR 17075 

(April 7, 2017); Nitto Tire USA, Inc., 81FR 17764 

(April 30, 2016); Hankook Tire America Corp., 79 

FR 30688 (May 28, 2014); Bridgestone 78 FR 47049 

(August 2, 2013). 

II. Tires Involved: Approximately 

111,500 of the following Continental 

brand tires, manufactured between 

August 3, 2014, and March 25, 2017, are 

potentially involved: 

• XL Continental Cross Contact UHP 

size 255/55R18 109Y 

• Barum Brillantis 2 size 175/70R13 

82T 

• Continental ContiTrac size P225/ 

70R15 100S 

• XL General Grabber UHP size 275/ 

55R20 117V 

• Continental ExtremeContact DWS size 

285/30ZR20 99W XL 

• Continental CrossContact LX20 size 

245/55R19 103S 

• XL Continental CrossContact LX20 

size 285/45R 114H 

• General Altimax RT43 size 215/45R17 

87V& 

III. Noncompliance: CTA states that 

the noncompliance is due to a mold 

error, and that as a result, the number 

of tread plies indicated on the sidewall 

of the subject tires do not match the 

actual number of plies in the tire 

construction, as required by paragraphs 

S5.5(e) and S5.5(f) of FMVSS No. 139. 

Specifically, below is a list of the 

subject tires with the labeling as marked 

(Marked) and how the sidewall should 

have been marked (Actual): 

• XL Continental Cross Contact UHP 

size 255/55R18 109Y 

—Marked: ‘‘PLIES: TREAD: 2 RAYON + 

2 STEEL + 2 POLYAMIDE’’ 

—Actual: ‘‘PLIES: TREAD: 2 RAYON + 

2 STEEL + 1 POLYAMIDE’’ 

• Barum Brillantis 2 size 175/70R13 

82T 

—Marked: ‘‘TREAD 4 PLIES: 1 

POLYESTER + 2 STEEL + 1 

POLYAMIDE’’ 

—Actual: ‘‘TREAD 5 PLIES: 1 

POLYESTER + 2 STEEL + 2 

POLYAMIDE’’ 

• Continental ContiTrac size P225/ 

70R15 100S 

—Marked: ‘‘TREAD 4 PLIES: 2 

POLYESTER + 2 STEEL’’ 

—Actual: ‘‘TREAD 5 PLIES: 2 

POLYESTER + 2 STEEL + 1 

POLYAMIDE’’ 

• XL General Grabber UHP size 275/ 

55R20 117V 

—Marked: ‘‘PLIES: TREAD: 2 

POLYESTER + 2 STEEL + 2 

POLYAMIDE SIDEWALL: 2 

POLYESTER’’ 

—Actual: ‘‘PLIES: TREAD: 2 RAYON + 

2 STEEL + 2 POLYAMIDE 

SIDEWALL: 2 RAYON’’ 

• Continental ExtremeContact DWS size 

285/30ZR20 99W 

—Marked: ‘‘PLIES: TREAD: 1 RAYON + 

2 STEEL + 2 POLYAMIDE’’ 

—Actual: ‘‘PLIES: TREAD: 2 RAYON + 

2 STEEL + 1 POLYAMIDE’’ 

• Continental CrossContact LX20 size 

245/55R19 103S 

—Marked: ‘‘PLIES: TREAD: 1 

POLYESTER + 2 STEEL + 2 

POLYAMIDE’’ 

—Actual: ‘‘PLIES: TREAD: 1 

POLYESTER + 2 STEEL + 1 

POLYAMIDE’’ 

• XL Continental CrossContact LX20 

size 285/45R22 114H 

—Marked: ‘‘PLIES: TREAD: 2 

POLYESTER + 2 STEEL + 2 

POLYAMIDE’’ 

—Actual: ‘‘PLIES: TREAD: 1 

POLYESTER + 2 STEEL + 2 

POLYAMIDE’’ 

• General Altimax RT43 size 215/45R17 

87V 

—Marked: ‘‘PLIES: TREAD: 2 

POLYESTER + 2 STEEL + 1 

POLYAMIDE’’ 

—Actual: ‘‘PLIES: TREAD: 2 

POLYESTER + 2 STEEL + 2 

POLYAMIDE’’ 

IV. Rule Text: Paragraphs S5.5(e) and 

S5.5(f) of FMVSS No. 139 require in 

pertinent part: 

S5.5 Tire Markings. Except as specified in 

paragraph (a) through (i) of S5.5, each tire 

must be marked on each sidewall with the 

information specified in S5.5(a) through (d) 

and on one sidewall with the information 

specified in S5.5(e) through (i) according to 

the phase-in schedule specified in S7 of this 

standard. . . 

(e) The generic name of each cord material 

used in the plies (both sidewall and tread 

area) of the tire; 

(f) The actual number of plies in the 

sidewall, and the actual number of plies in 

the tread area, if different. . . 

V. Summary of CTA’s Petition: CTA 

described the subject noncompliance 

and stated its belief that the 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

In support of its petition, CTA 

submitted the following reasoning: 

(a) The tires covered by this petition 

are labeled with incorrect information 

regarding the number of tread plies and 

in two cases, the incorrect and/or 

missing ply material. However, this 

mislabeling has no impact on the 

operational performance of these tires or 

on the safety of vehicles on which these 

tires are mounted. The subject tires meet 

or exceed all of the performance 

requirements specified by FMVSS No. 

139. 

(b) NHTSA has concluded in response 

to numerous other petitions that this 

type of noncompliance is 

inconsequential to safety. 

(c) Continental cited three petitions 1

that NHTSA has previously granted and 

noted that on several occasions NHTSA 

has stated: 

‘‘In the agency’s judgment, the incorrect 

labeling of the tire construction information 

will have an inconsequential effect on motor 

vehicle safety because most consumers do 

not base tire purchases or vehicle operation 

parameters on the ply material in a tire.’’ 

(d) All tires covered by this petition 

meet or exceed the performance 

requirements of FMVSS No. 139, as well 

as the other labeling requirements of the 

standard. 

(e) CTA is not aware of any crashes, 

injuries, customer complaints, or field 

reports associated with the mislabeling. 

(f) CTA has quarantined all existing 

inventory of these tires that contain the 

noncompliant tire sidewall labeling. 

(g) CTA has corrected the molds at the 

manufacturing plant, so no additional 

tires will be manufactured with the 

noncompliance. 

CTA 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. 

To view CTA’s petition analyses and 

test data in its entirety you can visit 

https://www.regulations.gov by 

following the online instructions for 

accessing the dockets and by using the 

docket ID number for this petition 

shown in the heading of this notice. 

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 CTA 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 CTA notified 

them that the subject noncompliance 

existed. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices 45663 

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

delegations of authority at 49 CFR 1.95 and 

501.8). 

Jeffrey M. Giuseppe, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2017–20908 Filed 9–28–17; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Community Development Financial 

Institutions Fund 

Funding Opportunity Title: Notice of 

Funds Availability (NOFA) Inviting 

Applications for the Fiscal Year (FY) 

2017 Funding Round of the Bank 

Enterprise Award Program (BEA 

Program) 

Announcement Type: Announcement 

of funding opportunity. 

Funding Opportunity Number: CDFI– 

2017–BEA. 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 21.021. 

Key Dates: 

TABLE 1—FY 2017 BEA PROGRAM FUNDING ROUND—KEY DATES FOR APPLICANTS

Description Deadline 

Time 

(Eastern 

Time—ET) 

Contact Information 

Grant Application Package/SF–424 Mandatory (Application for Federal Assistance).

Submission Method: Electronically via Grants.gov ..............................

November 16, 

2017.

11:59 p.m. ET .... Contact Grants.gov at 800–518– 

4726 or support@grants.gov. 

Last day to contact BEA Program Staff re: BEA Program Application 

materials.

November 28, 

2017.

5:00 p.m. ET ...... CDFI Fund BEA Helpdesk: 202– 

653–0421 or BEA Award Management Information System 

(AMIS) Service Request.1

Last day to contact Certification, Compliance Monitoring and Evaluation (CCME) staff.November 28, 

2017.

5:00 p.m. ET ...... CCME Helpdesk: 202–653–0423 

or Compliance and Reporting 

AMIS Service Request.2

Last day to contact IT Help Desk re. AMIS support and submission 

of the FY 2017 BEA Program Application in AMIS.

November 30, 

2017.

5:00 p.m. ET ...... CDFI Fund IT Helpdesk: 202– 

653–0422 or IT AMIS Service 

Request.3

FY 2017 BEA Program Application ......................................................

Submission Method: Electronically via AMIS .......................................

November 30, 

2017.

5:00 pm ET ........ CDFI Fund IT Helpdesk: 202– 

653–0422 or IT AMIS Service 

Request.4

1For questions regarding completion of the BEA Application materials, the preferred electronic method of contact with the BEA Program Office 

is to submit a Service Request (SR) within AMIS. For the SR, select ‘‘BEA Application’’ for the record type. 2For Compliance and Reporting related questions, the preferred electronic method of contact is to submit a Service Request (SR) within AMIS. 

For the SR, select ‘‘General Inquiry’’ for the record type, and select ‘‘BEA-Compliance & Reporting’’ for the type. 3For Information Technology support, the preferred method of contact is to submit a Service Request (SR) within AMIS. For the SR, select 

‘‘General Inquiry’’ for the record type, and select ‘‘BEA–AMIS technical problem’’ for the type. 4 Ibid. 

Executive Summary: This NOFA is 

issued in connection with the fiscal year 

(FY) 2017 funding round of the Bank 

Enterprise Award Program (BEA 

Program). The BEA Program is 

administered by the U.S. Department of 

the Treasury’s Community Development 

Financial Institutions Fund (CDFI 

Fund). Through the BEA Program, the 

CDFI Fund awards formula-based grants 

to depository institutions that are 

insured by the Federal Deposit 

Insurance Corporation (FDIC) for 

increasing their levels of loans, 

investments, Service Activities, and 

technical assistance within Distressed 

Communities, and financial assistance 

to certified Community Development 

Financial Institutions (CDFIs) through 

equity investments, equity-like loans, 

grants, stock purchases, loans, deposits, 

and other forms of financial and 

technical assistance, during a specified 

period. 

I. Program Description 

A. History: The CDFI Fund was 

established by the Riegle Community 

Development and Regulatory 

Improvement Act of 1994 to promote 

economic revitalization and community 

development through investment in and 

assistance to CDFIs. Since its creation in 

1994, the CDFI Fund has awarded more 

than $2.3 billion to CDFIs, community 

development organizations, and 

financial institutions through the 

Community Development Financial 

Institutions Program (CDFI Program), 

the Native American CDFI Assistance 

Program (NACA Program), and the BEA 

Program. In addition, the CDFI Fund has 

allocated $50.5 billion in tax credit 

allocation authority to Community 

Development Entities through the New 

Markets Tax Credit Program (NMTC 

Program), guaranteed bonds in the total 

amount of $1.1 billion through the CDFI 

Bond Guarantee Program, and awarded 

more than $171 million through the 

Capital Magnet Fund. The BEA Program 

complements the community 

development activities of banks and 

thrifts (collectively referred to as banks 

for purposes of this NOFA) by providing 

financial incentives to expand 

investments in CDFIs and to increase 

lending, investment, and Service 

Activities within Distressed 

Communities. Providing monetary 

awards to banks for increasing their 

community development activities 

leverages the CDFI Fund’s dollars and 

puts more capital to work in Distressed 

Communities throughout the nation. 

B. Authorizing Statutes and 

Regulations: The BEA Program was 

authorized by the Bank Enterprise 

Award Act of 1991, as amended. The 

regulations governing the BEA Program 

can be found at 12 CFR part 1806 (the 

Interim Rule). The Interim Rule 

provides the evaluation criteria and 

other requirements of the BEA Program. 

Detailed BEA Program requirements are 

also found in the application materials 

associated with this NOFA (the 


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