Workhorse Custom Chassis, Grant of Petition for Decision of Inconsequential Noncompliance, 21492-21493 [05-8264]

Download as PDF 21492 Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Notices quadrants of the District of Columbia. The South Capitol Street Corridor extends from Martin Luther King, Jr. Avenue to the U.S. Capitol in Washington, DC along South Capitol Street. Proposed improvements, including improvements to the Frederick Douglass Memorial Bridge, would be made between Suitland Parkway at Martin Luther King, Jr. Avenue and Independence Avenue, and New Jersey Avenue between M Street, SE., and Independence Avenue. The purpose of the South Capitol Street project is to create a new gateway. This gateway will consist of a balanced, sustainable, multimodal transportation network that knits neighborhoods together and facilitates the movement of commuters with minimal impact on the surrounding neighborhoods. The South Capitol Street Corridor, as defined in the AWI Framework Plan, is intended to provide better access to waterfront areas east and west of the river, including Poplar Point and Buzzard Point, and better serve historic Anacostia, and near southeast and southwest neighborhoods. The future Anacostia Waterfront will include a cleaner river, sustainable waterfront neighborhoods, new and revitalized waterfront parks, and vibrant cultural attractions. The creation of new transit stops and pedestrian facilities where none exist, due to physical barriers along South Capitol Street and Suitland Parkway, will create new opportunities for movement throughout the corridor. Without improvements to facilitate the efficient traffic flow of all modes, the level and duration of congestion will continue to deteriorate throughout the corridor. The project includes the proposed redevelopment of South Capitol Street per, the National Capital Planning Commission’s 1997 plan, Extending the Legacy, Planning America’s Capital for the 21st Century. The plan includes South Capitol Street as a civic gateway to central Washington providing a mix of shopping, housing, and offices. It also proposes replacing the Frederick Douglass Memorial Bridge with a new six-lane span that would accommodate pedestrians and bicycles. The 2003 South Capitol Gateway and Corridor Improvement Study, completed under congressional direction, expressed the challenges and opportunities for this corridor including disinvestments, traffic functionality, local access, and the general need to restore this corridor to its original intent as a grand gateway to the nation’s capital. The Anacostia Waterfront Initiative (AWI) seeks to restore the river’s water quality, reclaim the waterfront as a magnet of activity, and stimulate VerDate jul<14>2003 11:52 Apr 25, 2005 Jkt 205001 sustainable development in waterfront neighborhoods. The development of the South Capitol Street Corridor is an important early step in the reinvestment and reclamation process. There is also a need to support the development of new mixed-use development and employment in the corridor that benefits existing residents, providing transportation support for a variety of new housing and economic development activities. Development in the Southeast Federal Center and Washington Navy Yard, as well as construction of the proposed ballpark and on Buzzard Point, will be adding large numbers of jobs and creating new residential neighborhoods. Early traffic estimates project the addition of 3,250 vehicles and 7,800 pedestrians during ballpark events. The corridor could enhance the vitality and safety of the District’s roads and neighborhoods around them, by creating places and destinations for pedestrians and bicycles. (Catalog of Federal Domestic Assistance Program Number 20.205 Highway Planning and Construction. The regulations and implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program) Authority 23 U.S.C. 315; 49 CFR 1.48. Issued on: April 21, 2005. Gary L. Henderson, Division Administrator, District of Columbia Division, Federal Highway Administration. [FR Doc. 05–8330 Filed 4–25–05; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–20274; Notice 2] Workhorse Custom Chassis, Grant of Petition for Decision of Inconsequential Noncompliance Workhorse Custom Chassis (Workhorse) has determined that certain incomplete motor home chassis it produced in 2000 through 2004 do not comply with S3.1.4.1 of 49 CFR 571.102, Federal Motor Vehicle Safety Standard (FMVSS) No. 102, ‘‘Transmission shift lever sequence, starter interlock, and transmission braking effect.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Workhorse has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 Reports.’’ Notice of receipt of a petition was published, with a 30-day comment period, on March 2, 2005, in the Federal Register (70 FR 10164). NHTSA received no comments. Affected are a total of approximately 42,524 incomplete motor home chassis built between July 2000 and December 31, 2004. S3.1.4.1 of FMVSS No. 102 requires that If the transmission shift lever sequence includes a park position, identification of shift lever positions * * * shall be displayed in view of the driver whenever any of the following conditions exist: (a) The ignition is in a position where the transmission can be shifted. (b) The transmission is not in park. Workhorse described its noncompliance as follows: In these vehicles when the ignition key is in the ‘‘OFF’’ position, the selected gear position is not displayed. ‘‘OFF’’ is a position not displayed, but located between lock and run. The gear selector lever can be moved while the ignition switch is in ‘‘OFF.’’ Workhorse believes that this noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Workhorse stated that: [T]he vehicles will be in compliance with FMVSS No. 102 during normal ignition activation and vehicle operation. Workhorse believes that the purpose of the rule is to provide the driver with transmission position information for the vehicle conditions where such information can reduce the likelihood of shifting errors. This occurs primarily when the engine is running, and Workhorse’s PRNDL is always visible when the engine is running. Should the shift lever be in any position other than park or neutral, the ignition will not start. * * * Should the Workhorse vehicle be in neutral at the time the ignition is turned to start, the display will immediately come on and be visible to the driver. There are a number of safeguards to preclude the driver from leaving the vehicle with the vehicle in a position other than in the park position. First, if the driver should attempt to remove the key, the driver will discover that the vehicle is not in park because the key may not be removed. * * * If the driver were to attempt to leave the vehicle without removing the key, the audible warning required by FMVSS No. 114 would immediately sound reminding the driver that the key is still in the vehicle. Workhorse stated that this situation is substantially the same as for two petitions which NHTSA granted, one from General Motors (58 FR 33296, June 16, 1993) and the second from Nissan Motors (64 FR 38701, June 19, 1999). Workhorse said, ‘‘In both of those cases, the PRNDL display would not be illuminated if the transmission was left in a position other than ‘park’ when the ignition key was turned to ‘OFF.’ ’’ E:\FR\FM\26APN1.SGM 26APN1 Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Notices Workhorse stated that it has no customer complaints or accident reports related to the noncompliance. NHTSA agrees with Workhorse that the noncompliance is inconsequential to motor vehicle safety. As the agency noted in proposing the current version of the standard (49 FR 32409, August 25, 1988), the purpose of the display requirement is to ‘‘provide the driver with transmission position information for the vehicle conditions where such information can reduce the likelihood of shifting errors.’’ In all but the rarest circumstances, the primary function of the transmission display is to inform the driver of gear selection and relative position of the gears while the engine is running. In this case, the selected gear position and PRNDL display are always visible when the engine is running. Therefore, as Workhorse stated, the vehicles will be in compliance with FMVSS No. 102 during normal ignition activation and vehicle operation. Workhorse is correct that the two petitions it cited, from Nissan and General Motors, were granted by NHTSA based on this rationale. The Workhorse vehicles at issue here comply with all other requirements of FMVSS No. 102. Workhorse has corrected the problem. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Workhorse’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8. Issued on: April 20, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–8264 Filed 4–25–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–20428; Notice 2] Hankook Tire America Corp., Grant of Petition for Decision of Inconsequential Noncompliance Hankook Tire America Corp. (Hankook) has determined that certain tires it produced in 2003 and 2004 do not comply with S6.5(d) of Federal VerDate jul<14>2003 11:52 Apr 25, 2005 Jkt 205001 Motor Vehicle Safety Standard (FMVSS) No. 119, ‘‘New pneumatic tires for vehicles other than passenger cars.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Hankook has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Notice of receipt of a petition was published, with a 30-day comment period, on March 9, 2005, in the Federal Register (70 FR 11728). NHTSA received no comments. A total of approximately 41,716 tires are involved, which were produced during the period April 1, 2003 through December 20, 2004. S6.5(d) of FMVSS No. 119 requires that the maximum load rating and corresponding inflation pressure of the tires be marked on the tire in both English and metric units. The noncompliant tires do not have the metric markings. Hankook believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Hankook states that the noncompliance does not relate to motor vehicle safety, and that the problem has been corrected either by discontinuation or change of the mold of the affected tires. NHTSA agrees that the noncompliance is inconsequential to safety. The correct English unit information required by FMVSS No. 119 is provided and therefore is likely to achieve the safety purpose of the requirement. NHTSA granted a petition for a similar noncompliance by Bridgestone/Firestone North American Tire, LLC in 2004 (69 FR 75106, December 15, 2004). Hankook has corrected the problem. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Hankook’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8. 21493 DEPARTMENT OF THE TREASURY Public Meeting of the President’s Advisory Panel on Federal Tax Reform AGENCY: ACTION: Department of the Treasury. Notice of meeting. SUMMARY: This notice advises all interested persons of a public meeting of the President’s Advisory Panel on Federal Tax Reform. The meeting will be held on Wednesday, May 11 and Thursday, May 12, 2005, in the Washington, DC area and will begin at 9:30 a.m. on both days. DATES: The venue has not been identified to date. Venue information will be posted on the Panel’s Web site at https://www.taxreformpanel.gov as soon as it is available. ADDRESSES: The Panel staff at (202) 927–2TAX (927– 2829) (not a toll-free call) or e-mail info@taxreformpanel.gov (please do not send comments to this box). Additional information is available at https:// www.taxreformpanel.gov. FOR FURTHER INFORMATION CONTACT: Purpose: The May 11–12 meeting is the eighth meeting of the Advisory Panel. At this meeting, the Panel will consider specific proposals for reform of the tax code. Comments: Interested parties are invited to attend the meeting; however, no public comments will be heard at the meeting. Any written comments with respect to this meeting may be mailed to The President’s Advisory Panel on Federal Tax Reform, 1440 New York Avenue, NW., Suite 2100, Washington, DC 20220. All written comments will be made available to the public. Records: Records are being kept of Advisory Panel proceedings and will be available at the Internal Revenue Service’s FOIA Reading Room at 1111 Constitution Avenue, NW., Room 1621, Washington, DC 20024. The Reading Room is open to the public from 9 a.m. to 4 p.m., Monday through Friday except holidays. The public entrance to the reading room is on Pennsylvania Avenue between 10th and 12th Streets. The phone number is (202) 622–5164 (not a toll-free number). Advisory Panel documents, including meeting announcements, agendas, and minutes, will also be available on https:// www.taxreformpanel.gov. SUPPLEMENTARY INFORMATION: Issued on: April 20, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–8265 Filed 4–25–05; 8:45 am] Dated: April 22, 2005. Mark S. Kaizen, Designated Federal Officer. [FR Doc. 05–8389 Filed 4–25–05; 8:45 am] BILLING CODE 4910–59–P BILLING CODE 4810–25–P PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\26APN1.SGM 26APN1

Agencies

[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Notices]
[Pages 21492-21493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8264]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-20274; Notice 2]


Workhorse Custom Chassis, Grant of Petition for Decision of 
Inconsequential Noncompliance

    Workhorse Custom Chassis (Workhorse) has determined that certain 
incomplete motor home chassis it produced in 2000 through 2004 do not 
comply with S3.1.4.1 of 49 CFR 571.102, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 102, ``Transmission shift lever sequence, starter 
interlock, and transmission braking effect.'' Pursuant to 49 U.S.C. 
30118(d) and 30120(h), Workhorse has petitioned for a determination 
that this noncompliance is inconsequential to motor vehicle safety and 
has filed an appropriate report pursuant to 49 CFR part 573, ``Defect 
and Noncompliance Reports.'' Notice of receipt of a petition was 
published, with a 30-day comment period, on March 2, 2005, in the 
Federal Register (70 FR 10164). NHTSA received no comments.
    Affected are a total of approximately 42,524 incomplete motor home 
chassis built between July 2000 and December 31, 2004. S3.1.4.1 of 
FMVSS No. 102 requires that

    If the transmission shift lever sequence includes a park 
position, identification of shift lever positions * * * shall be 
displayed in view of the driver whenever any of the following 
conditions exist: (a) The ignition is in a position where the 
transmission can be shifted. (b) The transmission is not in park.

    Workhorse described its noncompliance as follows:

    In these vehicles when the ignition key is in the ``OFF'' 
position, the selected gear position is not displayed. ``OFF'' is a 
position not displayed, but located between lock and run. The gear 
selector lever can be moved while the ignition switch is in ``OFF.''

Workhorse believes that this noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Workhorse 
stated that:

    [T]he vehicles will be in compliance with FMVSS No. 102 during 
normal ignition activation and vehicle operation. Workhorse believes 
that the purpose of the rule is to provide the driver with 
transmission position information for the vehicle conditions where 
such information can reduce the likelihood of shifting errors. This 
occurs primarily when the engine is running, and Workhorse's PRNDL 
is always visible when the engine is running.
    Should the shift lever be in any position other than park or 
neutral, the ignition will not start. * * * Should the Workhorse 
vehicle be in neutral at the time the ignition is turned to start, 
the display will immediately come on and be visible to the driver.
    There are a number of safeguards to preclude the driver from 
leaving the vehicle with the vehicle in a position other than in the 
park position. First, if the driver should attempt to remove the 
key, the driver will discover that the vehicle is not in park 
because the key may not be removed. * * * If the driver were to 
attempt to leave the vehicle without removing the key, the audible 
warning required by FMVSS No. 114 would immediately sound reminding 
the driver that the key is still in the vehicle.

    Workhorse stated that this situation is substantially the same as 
for two petitions which NHTSA granted, one from General Motors (58 FR 
33296, June 16, 1993) and the second from Nissan Motors (64 FR 38701, 
June 19, 1999). Workhorse said, ``In both of those cases, the PRNDL 
display would not be illuminated if the transmission was left in a 
position other than `park' when the ignition key was turned to `OFF.' 
''

[[Page 21493]]

    Workhorse stated that it has no customer complaints or accident 
reports related to the noncompliance.
    NHTSA agrees with Workhorse that the noncompliance is 
inconsequential to motor vehicle safety. As the agency noted in 
proposing the current version of the standard (49 FR 32409, August 25, 
1988), the purpose of the display requirement is to ``provide the 
driver with transmission position information for the vehicle 
conditions where such information can reduce the likelihood of shifting 
errors.'' In all but the rarest circumstances, the primary function of 
the transmission display is to inform the driver of gear selection and 
relative position of the gears while the engine is running. In this 
case, the selected gear position and PRNDL display are always visible 
when the engine is running. Therefore, as Workhorse stated, the 
vehicles will be in compliance with FMVSS No. 102 during normal 
ignition activation and vehicle operation.
    Workhorse is correct that the two petitions it cited, from Nissan 
and General Motors, were granted by NHTSA based on this rationale. The 
Workhorse vehicles at issue here comply with all other requirements of 
FMVSS No. 102. Workhorse has corrected the problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Workhorse's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliance.

    Authority: 49 U.S.C. 30118, 30120; delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: April 20, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-8264 Filed 4-25-05; 8:45 am]
BILLING CODE 4910-59-P

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