Volkswagen of America Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 17953-17954 [E6-5122]

Download as PDF Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Notices vehicles that it produced in 2005 and 2006 do not comply with S3.1.4.1 of 49 CFR 571.102, Federal Motor Vehicle Safety Standard (FMVSS) No. 102, ‘‘Transmission shift position sequence, starter interlock, and transmission braking effect.’’ Honda has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Honda has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Honda’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. Affected are a total of approximately 2,641 model year 2006 Honda Ridgeline vehicles. S3.1.4.1 of FMVSS No. 102 requires, [I]f the transmission shift position sequence includes a park position, identification of shift positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver whenever any of the following conditions exist: (1) The ignition is in a position where the transmission can be shifted; or (b) The transmission is not in park. Honda explains the noncompliance as follows: wwhite on PROD1PC61 with NOTICES * * * American Honda offered, as an optional part, through its dealers, a wiring harness as part of a trailer towing kit. The wiring harness included a circuit to provide for back-up lights, if present on a trailer, to illuminate when the transmission was shifted into reverse gear. The Ridgeline utilizes an electronic display in the instrument panel to indicate transmission gear position. When the wiring harness in question has been installed, and the ignition key is turned to the accessory position, the electronic display indicates not only the actual position of the selected gear, but also illuminates the reverse position indicator in the display, such that there are two indicator lights lighted at the same time, unless the reverse position is the gear selected, in which case only the reverse position indicator will be lighted. Honda has corrected the problem that caused these errors so that they will not be repeated in future production. Honda believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Honda states that neither the actual function of the transmission nor the transmission lockout will be affected. Honda states that there is no possibility of danger from the noncompliant display while VerDate Aug<31>2005 19:13 Apr 06, 2006 Jkt 208001 the key is in the accessory position. Honda states: The key cannot be removed, the vehicle cannot start, and the actual gear position would be illuminated, as well as the reverse position. There are two possible scenarios to consider. In the first and most common scenario, if the key had been removed, upon initial insertion of the key, the vehicle would have had to be in ‘‘PARK,’’ and turning the key to the accessory position will illuminate both the ‘‘PARK’’ and ‘‘REVERSE’’ indications, but not allow the vehicle to be shifted from the ‘‘PARK’’ position. Then, when the key was turned to the ‘‘on’’ position, allowing the vehicle to be shifted from the ‘‘PARK’’ position, the gear position indicator would function properly. In the second scenario, if the key has been left in the ignition while in a gear other than ‘‘PARK,’’ when the operator turns the key to the accessory position, the electronic display will indicate the correct gear, as well as reverse. This would be a highly unusual circumstance, and the vehicle would not start unless the key was turned to the ‘‘on’’ position, in which case the gear position indicator would function properly. Nor could the key be removed until the shift lever was placed in the ‘‘PARK’’ position. Even if this highly unlikely situation were to occur, movement of the shift lever would indicate the correct gear, as well as the illumination of the reverse gear. It would become readily apparent to the operator that the illumination of the reverse gear would be inappropriate and not indicative of the actual gear being engaged. Again, once the ignition is turned to the ‘‘ON’’ position, the gearshift indicator would function completely normally. At no time would the engine operate while in the ‘‘ACCESSORY’’ position. Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods. Mail: Docket Management Facility, U.S. Department of Transportation, Nassif Building, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590–0001. Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. It is requested, but not required, that two copies of the comments be provided. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted electronically by logging onto the Docket Management System Web site at http://dms.dot.gov. Click on ‘‘Help’’ to obtain instructions for filing the document electronically. Comments may be faxed to 1–202–493–2251, or may be submitted to the Federal eRulemaking Portal: go to http:// www.regulations.gov. Follow the online instructions for submitting comments. PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 17953 The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. Comment closing date: May 8, 2006. Authority: (49 U.S.C. 30118, 30120: Delegations of authority at CFR 1.50 and 501.8) Issued on: April 4, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–5124 Filed 4–6–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2006–24323; Notice 1] Volkswagen of America Inc., Receipt of Petition for Decision of Inconsequential Noncompliance Volkswagen of America Inc. (Volkswagen) has determined that the designated seating capacity placards on certain vehicles that it produced in 2005 and 2006 do not comply with S4.3(b) of 49 CFR 571.110, Federal Motor Vehicle Safety Standard (FMVSS) No. 110, ‘‘Tire selection and rims.’’ Volkswagen has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Volkswagen has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Volkswagen’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. Affected are a total of approximately 39 Phaeton vehicles produced between May 22, 2005 and March 8, 2006. S4.3(b) of FMVSS No. 110 requires that a ‘‘placard, permanently affixed to the glove compartment door or an equally accessible location, shall display the * * * [d]esignated seating capacity.’’ The noncompliant vehicles have placards stating that the seating capacity is five when in fact the seating capacity E:\FR\FM\07APN1.SGM 07APN1 wwhite on PROD1PC61 with NOTICES 17954 Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Notices is four. Volkswagen has corrected the problem that caused these errors so that they will not be repeated in future production. Volkswagen believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Volkswagen states that consumers will look at the number of seats and safety belts to determine the vehicle’s capacity. Volkswagen explains that although the rear seat capacity on the placard states three, the vehicles have only two rear seats, and the space that would be occupied by a middleoccupant position contains a center console. Volkswagen further states that, because the rear seats do not accommodate three people, the seating capacity labeling error has no impact on the vehicle capacity weight, recommended cold tire inflation pressure, or recommended size designation information. Also, Volkswagen says that it is impossible to overload the rear seat by relying on the incorrect designated seating capacity information. Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods. Mail: Docket Management Facility, U.S. Department of Transportation, Nassif Building, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590–0001. Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. It is requested, but not required, that two copies of the comments be provided. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted electronically by logging onto the Docket Management System Web site at http://dms.dot.gov. Click on ‘‘Help’’ to obtain instructions for filing the document electronically. Comments may be faxed to 1–202–493–2251, or may be submitted to the Federal eRulemaking Portal: go to http:// www.regulations.gov. Follow the online instructions for submitting comments. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published VerDate Aug<31>2005 19:13 Apr 06, 2006 Jkt 208001 in the Federal Register pursuant to the authority indicated below. Comment closing date: May 8, 2006. Authority: (49 U.S.C. 30118, 30120: Delegations of authority at CFR 1.50 and 501.8). Issued on: April 4, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–5122 Filed 4–6–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2006–24322; Notice 1] Yokohama Tire Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance Yokohama Tire Corporation (Yokohama) has determined that certain tires that it produced in 2005 and 2006 do not comply with S4.3.2 of 49 CFR 571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ‘‘New pneumatic tires.’’ Yokohama has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Yokohama has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Yokohama’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. Affected are a total of approximately 1,918 Yokohama brand T155/70D17 110M Y870B temporary-use-only tires produced from August 2005 to February 2006. S4.3.2 of FMVSS No. 109 refers to 49 CFR part 574.5, which requires 3⁄4 inch maximum width spacing between the manufacturer’s identification mark/ tire size code grouping and the subsequent tire type code and date of manufacture. The subject tires have a spacing that exceeds 3⁄4 inch. Yokohama has corrected the problem that caused these errors so that they will not be repeated in future production. Yokohama believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Yokohama states that the noncompliant spacing ‘‘does not impair the purpose or the use of the identification number and PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 does not pose a threat to motor vehicle safety.’’ Yokohama says that all other aspects of the tire identification number comply with the standard. Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods. Mail: Docket Management Facility, U.S. Department of Transportation, Nassif Building, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590–0001. Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. It is requested, but not required, that two copies of the comments be provided. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted electronically by logging onto the Docket Management System Web site at http://dms.dot.gov. Click on ‘‘Help’’ to obtain instructions for filing the document electronically. Comments may be faxed to 1–202–493–2251, or may be submitted to the Federal eRulemaking Portal: go to http:// www.regulations.gov. Follow the online instructions for submitting comments. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. Comment closing date: May 8, 2006. Authority: (49 U.S.C. 30118, 30120: Delegations of authority at CFR 1.50 and 501.8). Issued on: April 4, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–5123 Filed 4–6–06; 8:45 am] BILLING CODE 4910–59–P E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Notices]
[Pages 17953-17954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5122]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-24323; Notice 1]


Volkswagen of America Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Volkswagen of America Inc. (Volkswagen) has determined that the 
designated seating capacity placards on certain vehicles that it 
produced in 2005 and 2006 do not comply with S4.3(b) of 49 CFR 571.110, 
Federal Motor Vehicle Safety Standard (FMVSS) No. 110, ``Tire selection 
and rims.'' Volkswagen has filed an appropriate report pursuant to 49 
CFR part 573, ``Defect and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Volkswagen has 
petitioned for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of Volkswagen'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.
    Affected are a total of approximately 39 Phaeton vehicles produced 
between May 22, 2005 and March 8, 2006. S4.3(b) of FMVSS No. 110 
requires that a ``placard, permanently affixed to the glove compartment 
door or an equally accessible location, shall display the * * * 
[d]esignated seating capacity.'' The noncompliant vehicles have 
placards stating that the seating capacity is five when in fact the 
seating capacity

[[Page 17954]]

is four. Volkswagen has corrected the problem that caused these errors 
so that they will not be repeated in future production.
    Volkswagen believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Volkswagen states that consumers will look at the number of seats and 
safety belts to determine the vehicle's capacity. Volkswagen explains 
that although the rear seat capacity on the placard states three, the 
vehicles have only two rear seats, and the space that would be occupied 
by a middle-occupant position contains a center console.
    Volkswagen further states that, because the rear seats do not 
accommodate three people, the seating capacity labeling error has no 
impact on the vehicle capacity weight, recommended cold tire inflation 
pressure, or recommended size designation information. Also, Volkswagen 
says that it is impossible to overload the rear seat by relying on the 
incorrect designated seating capacity information.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods. Mail: Docket Management Facility, U.S. 
Department of Transportation, Nassif Building, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. Hand Delivery: Room PL-401 on 
the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC. It is requested, but not required, that two copies of 
the comments be provided. The Docket Section is open on weekdays from 
10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted 
electronically by logging onto the Docket Management System Web site at 
http://dms.dot.gov. Click on ``Help'' to obtain instructions for filing 
the document electronically. Comments may be faxed to 1-202-493-2251, 
or may be submitted to the Federal eRulemaking Portal: go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: May 8, 2006.

    Authority: (49 U.S.C. 30118, 30120: Delegations of authority at 
CFR 1.50 and 501.8).

    Issued on: April 4, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E6-5122 Filed 4-6-06; 8:45 am]
BILLING CODE 4910-59-P