American Honda Motor Company, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 34413-34414 [E6-9278]

Download as PDF Federal Register / Vol. 71, No. 114 / Wednesday, June 14, 2006 / Notices • Final Draft, Change 1 to DO–260, Minimum Operational Performance Standards for 1090 MHz Automatic Dependent Surveillance-Broadcast (ADS–B), TRCA Paper No. 102–06/ PMC–448, prepared by SC–186. • Final Draft, Change 1 to DO–260A, Minimum Operational Performance Standards for 1090 MHz Automatic Dependent Surveillance-Broadcast (ADS–B) and Traffic Information Services (TIS–B), RTCA Paper No. 103–06/PMC–449, prepared by SC– 186. • Discussion: • SC–205—Software Considerations. • Review Current Status of Committee Activities. • Discussion—Logistics and Document Issues. • Lithium Batteries Discussion— Possible New Committee. • Special Committee Chairman’s Report. • Action Item Review: • Synthetic Vision Systems (SVS)— Discussion—Possible New Committee Request. • SC–147—Traffic Alert & Collision Avoidance System—Discussion— Updates. • SC–203—Unmanned Aircraft Systems (UAS)—Discussion— Schedule. • Review Current Status and Actions Taken to Expedite Progress. • Cabin Management Systems— Report—PMC CMS Subgroup. • Closing Session (Other Business, Document Production, Date and Place of Next Meeting, Adjourn). Attendance is open to the interested public but limited to space availability. With the approval of the chairmen, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC on June 1, 2006. Francisco Estrada C., RTCA Advisory Committee. [FR Doc. 06–5368 Filed 6–13–06; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION rwilkins on PROD1PC63 with NOTICES Federal Railroad Administration Petition for Waiver of Compliance In accordance with part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) received VerDate Aug<31>2005 19:47 Jun 13, 2006 Jkt 208001 a request for a waiver of compliance from certain requirements of its safety regulations. The individual petition is described below including, the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s arguments in favor of relief. Minnesota Transportation Museum, Inc [Docket Number FRA–2006–24774] The Minnesota Transportation Museum (MTM) seeks a waiver of compliance from certain provisions of 49 CFR part 232, Brake System Safety Standards for Freight and Other NonPassenger Trains and Equipment. Specifically, § 232 Appendix B, part 232, prior to May 31, 2001, § 232.17(b)(2) for passenger car maintenance requirements. MTM is a non-profit corporation that operates a historical and excursion train as the Osceola and St. Croix Valley Railway between Dresser, Wisconsin and Withrow, Minnesota, a distance of 25 miles, over Canadian National track. Operation of this train is from mid-April to the end of October on Thursdays, Saturdays and Sundays, for a total of approximately 70 operating days. MTM currently operates one passenger coach equipped with LN type brakes that requires a clean, oil, test and stencil (COT&S) every 12 months, as prescribed in the Manual of Standards and Recommended Practices of the Association of American Railroads, S– 045, last published in 1984. MTM is requesting that a waiver be granted to extend the COT&S time period from 12 months to 24 months. This would give MTM the ability to operate for two operating seasons between COT&S events, which would also provide a savings of $244 per year in COT&S costs for this non-profit organization. MTM declares that safety will not be compromised if this waiver is granted, based on their 15+ years of experience with the LN type brake. MTM states that previous COT&S events have found the lubricant to be fresh with no detectable signs of deterioration. MTM also notes that since the LN brake was developed in the 1920’s, there has been considerable improvement in lubricant quality and considerable improvement in all of the flexible gasket and ‘‘O’’ ring type materials that makes up the LN Brake. Interested parties are invited to submit written comments to FRA. All written communications concerning this petition should identify the appropriate docket number (e.g., Docket Number FRA–2006–24774) and must be submitted in triplicate to the Associate Administrator for Safety, Federal PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 34413 Railroad Administration, 400 7th Street, SW., Washington, DC 20590–0001. Comments received within 45 days of the date of this notice will be considered by FRA before any final action is taken. Although FRA does not anticipate scheduling a public hearing in connection with these proceedings, if any interested party desires an opportunity for oral comment, they should notify FRA in writing before the end of the comment period and specify the basis for their request. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the Central Docket Management Facility, Room PL–401 (Plaza Level), 400 7th Street, SW., Washington, DC, 20590. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site https://dms.dot.gov. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) at https://dms.dot.gov. Issued in Washington, DC, on June 9, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6–9277 Filed 6–13–06; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2006–24324; Notice 2] American Honda Motor Company, Inc., Grant of Petition for Decision of Inconsequential Noncompliance American Honda Motor Company, Inc. (Honda) has determined that certain 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.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Honda has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR E:\FR\FM\14JNN1.SGM 14JNN1 34414 Federal Register / Vol. 71, No. 114 / Wednesday, June 14, 2006 / Notices part 573, ‘‘Defect and Noncompliance Reports.’’ Notice of receipt of a petition was published, with a 30-day comment period, on April 7, 2006, in the Federal Register (71 FR 17952). NHTSA received no comments. 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: * * * 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. rwilkins on PROD1PC63 with NOTICES 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 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. VerDate Aug<31>2005 19:47 Jun 13, 2006 Jkt 208001 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. NHTSA agrees with Honda that the noncompliance is inconsequential to motor vehicle safety. In the ‘‘accessory’’ position, which is when the noncompliant display appears, the key cannot be removed and the vehicle cannot start. When the key is turned to the ‘‘on’’ position, the gear position indication functions properly and is in compliance. The noncompliance does not affect the function of the transmission or the transmission lockout. 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, Honda’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: June 9, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–9278 Filed 6–13–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2006–24928; Notice 1] Continental Tire North America, Receipt of Petition for Decision of Inconsequential Noncompliance Continental Tire North America (Continental) has determined that certain tires it produced in 2004 and 2005 do not comply with S5.5(f) of 49 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 CFR 571.139, Federal Motor Vehicle Safety Standard (FMVSS) No. 139, ‘‘New pneumatic radial tires for light vehicles.’’ Continental 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), Continental 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 Continental’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 2,627 model 235/55R17 99H Conti Pro Contact replacement tires manufactured during 2004 and 2005. S5.5(f) of FMVSS No. 139 requires the actual number of plies in the tread area to be molded on both sidewalls of each tire. The noncompliant tires are marked on the sidewall ‘‘TREAD PLIES 1 RAYON + 2 STEEL + 2 NYLON’’ whereas the correct marking should be ‘‘TREAD PLIES 1 RAYON + 2 STEEL + 1 NYLON.’’ Continental Tire believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Continental Tire states, All other sidewall identification markings and safety information are correct. This noncompliant sidewall marking does not affect the safety, performance and durability of the tire; the tires were built as designed. Continental has corrected the problem that caused these errors so that they will not be repeated in future production. 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 https://dms.dot.gov. Click on ‘‘Help’’ to obtain instructions for filing E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 71, Number 114 (Wednesday, June 14, 2006)]
[Notices]
[Pages 34413-34414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9278]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2006-24324; Notice 2]


American Honda Motor Company, Inc., Grant of Petition for 
Decision of Inconsequential Noncompliance

    American Honda Motor Company, Inc. (Honda) has determined that 
certain 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.'' Pursuant to 49 U.S.C. 
30118(d) and 30120(h), Honda has petitioned for a determination that 
this noncompliance is inconsequential to motor vehicle safety and has 
filed an appropriate report pursuant to 49 CFR

[[Page 34414]]

part 573, ``Defect and Noncompliance Reports.'' Notice of receipt of a 
petition was published, with a 30-day comment period, on April 7, 2006, 
in the Federal Register (71 FR 17952). NHTSA received no comments.
    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:

* * * 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 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.

    NHTSA agrees with Honda that the noncompliance is inconsequential 
to motor vehicle safety. In the ``accessory'' position, which is when 
the noncompliant display appears, the key cannot be removed and the 
vehicle cannot start. When the key is turned to the ``on'' position, 
the gear position indication functions properly and is in compliance. 
The noncompliance does not affect the function of the transmission or 
the transmission lockout.
    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, 
Honda'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: June 9, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E6-9278 Filed 6-13-06; 8:45 am]
BILLING CODE 4910-59-P
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