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Federal Register / Vol. 71, No.

114 / Wednesday, June 14, 2006 / Notices 34413

• Final Draft, Change 1 to DO–260, a request for a waiver of compliance Railroad Administration, 400 7th Street,
Minimum Operational Performance from certain requirements of its safety SW., Washington, DC 20590–0001.
Standards for 1090 MHz Automatic regulations. The individual petition is Comments received within 45 days of
Dependent Surveillance-Broadcast described below including, the party the date of this notice will be
(ADS–B), TRCA Paper No. 102–06/ seeking relief, the regulatory provisions considered by FRA before any final
PMC–448, prepared by SC–186. involved, the nature of the relief being action is taken. Although FRA does not
• Final Draft, Change 1 to DO–260A, requested, and the petitioner’s anticipate scheduling a public hearing
Minimum Operational Performance arguments in favor of relief. in connection with these proceedings, if
Standards for 1090 MHz Automatic any interested party desires an
Minnesota Transportation Museum, Inc
Dependent Surveillance-Broadcast opportunity for oral comment, they
(ADS–B) and Traffic Information [Docket Number FRA–2006–24774] should notify FRA in writing before the
Services (TIS–B), RTCA Paper No. The Minnesota Transportation end of the comment period and specify
103–06/PMC–449, prepared by SC– Museum (MTM) seeks a waiver of the basis for their request.
186. compliance from certain provisions of All written communications
• Discussion: 49 CFR part 232, Brake System Safety concerning these proceedings are
• SC–205—Software Considerations. Standards for Freight and Other Non- available for examination during regular
• Review Current Status of Passenger Trains and Equipment. business hours (9 a.m.–5 p.m.) at the
Committee Activities. Specifically, § 232 Appendix B, part Central Docket Management Facility,
• Discussion—Logistics and 232, prior to May 31, 2001, Room PL–401 (Plaza Level), 400 7th
Document Issues. § 232.17(b)(2) for passenger car Street, SW., Washington, DC, 20590. All
• Lithium Batteries Discussion— maintenance requirements. documents in the public docket are also
Possible New Committee. MTM is a non-profit corporation that available for inspection and copying on
• Special Committee Chairman’s operates a historical and excursion train the Internet at the docket facility’s Web
Report. as the Osceola and St. Croix Valley site http://dms.dot.gov.
• Action Item Review: Railway between Dresser, Wisconsin Anyone is able to search the
• Synthetic Vision Systems (SVS)— and Withrow, Minnesota, a distance of electronic form of all comments
Discussion—Possible New 25 miles, over Canadian National track. received into any of our dockets by the
Committee Request. Operation of this train is from mid-April name of the individual submitting the
• SC–147—Traffic Alert & Collision to the end of October on Thursdays, comment (or signing the comment, if
Avoidance System—Discussion— Saturdays and Sundays, for a total of submitted on behalf of an association,
Updates. approximately 70 operating days. MTM business, labor union, etc.). You may
• SC–203—Unmanned Aircraft currently operates one passenger coach review DOT’s complete Privacy Act
Systems (UAS)—Discussion— equipped with LN type brakes that Statement in the Federal Register
Schedule. requires a clean, oil, test and stencil
• Review Current Status and Actions published on April 11, 2000 (Volume
(COT&S) every 12 months, as prescribed 65, Number 70; Pages 19477–78) at
Taken to Expedite Progress. in the Manual of Standards and
• Cabin Management Systems— http://dms.dot.gov.
Recommended Practices of the
Report—PMC CMS Subgroup. Association of American Railroads, S– Issued in Washington, DC, on June 9, 2006.
• Closing Session (Other Business, 045, last published in 1984. MTM is Grady C. Cothen, Jr.,
Document Production, Date and requesting that a waiver be granted to Deputy Associate Administrator for Safety
Place of Next Meeting, Adjourn). extend the COT&S time period from 12 Standards and Program Development.
Attendance is open to the interested months to 24 months. This would give [FR Doc. E6–9277 Filed 6–13–06; 8:45 am]
public but limited to space availability. MTM the ability to operate for two BILLING CODE 4910–06–P
With the approval of the chairmen, operating seasons between COT&S
members of the public may present oral events, which would also provide a
statements at the meeting. Persons savings of $244 per year in COT&S costs DEPARTMENT OF TRANSPORTATION
wishing to present statements or obtain for this non-profit organization.
information should contact the person MTM declares that safety will not be National Highway Traffic Safety
listed in FOR FURTHER INFORMATION compromised if this waiver is granted, Administration
CONTACT section. Members of the public based on their 15+ years of experience [Docket No. NHTSA 2006–24324; Notice 2]
may present a written statement to the with the LN type brake. MTM states that
committee at any time. previous COT&S events have found the American Honda Motor Company, Inc.,
Issued in Washington, DC on June 1, 2006.
lubricant to be fresh with no detectable Grant of Petition for Decision of
signs of deterioration. MTM also notes Inconsequential Noncompliance
Francisco Estrada C.,
that since the LN brake was developed
RTCA Advisory Committee. in the 1920’s, there has been American Honda Motor Company,
[FR Doc. 06–5368 Filed 6–13–06; 8:45 am] considerable improvement in lubricant Inc. (Honda) has determined that certain
BILLING CODE 4910–13–M quality and considerable improvement vehicles that it produced in 2005 and
in all of the flexible gasket and ‘‘O’’ ring 2006 do not comply with S3.1.4.1 of 49
type materials that makes up the LN CFR 571.102, Federal Motor Vehicle
DEPARTMENT OF TRANSPORTATION Brake. Safety Standard (FMVSS) No. 102,
Interested parties are invited to ‘‘Transmission shift position sequence,
Federal Railroad Administration submit written comments to FRA. All starter interlock, and transmission
written communications concerning this braking effect.’’ Pursuant to 49 U.S.C.
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Petition for Waiver of Compliance


petition should identify the appropriate 30118(d) and 30120(h), Honda has
In accordance with part 211 of Title docket number (e.g., Docket Number petitioned for a determination that this
49 Code of Federal Regulations (CFR), FRA–2006–24774) and must be noncompliance is inconsequential to
notice is hereby given that the Federal submitted in triplicate to the Associate motor vehicle safety and has filed an
Railroad Administration (FRA) received Administrator for Safety, Federal appropriate report pursuant to 49 CFR

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34414 Federal Register / Vol. 71, No. 114 / Wednesday, June 14, 2006 / Notices

part 573, ‘‘Defect and Noncompliance In the second scenario, if the key has been CFR 571.139, Federal Motor Vehicle
Reports.’’ Notice of receipt of a petition left in the ignition while in a gear other than Safety Standard (FMVSS) No. 139,
was published, with a 30-day comment ‘‘PARK,’’ when the operator turns the key to ‘‘New pneumatic radial tires for light
the accessory position, the electronic display
period, on April 7, 2006, in the Federal vehicles.’’ Continental has filed an
will indicate the correct gear, as well as
Register (71 FR 17952). NHTSA reverse. This would be a highly unusual appropriate report pursuant to 49 CFR
received no comments. circumstance, and the vehicle would not start Part 573, ‘‘Defect and Noncompliance
Affected are a total of approximately unless the key was turned to the ‘‘on’’ Reports.’’
2,641 model year 2006 Honda Ridgeline position, in which case the gear position Pursuant to 49 U.S.C. 30118(d) and
vehicles. S3.1.4.1 of FMVSS No. 102 indicator would function properly. Nor could 30120(h), Continental has petitioned for
requires, the key be removed until the shift lever was an exemption from the notification and
placed in the ‘‘PARK’’ position. Even if this remedy requirements of 49 U.S.C.
[I]f the transmission shift position sequence
includes a park position, identification of highly unlikely situation were to occur, Chapter 301 on the basis that this
shift positions, including the positions in movement of the shift lever would indicate noncompliance is inconsequential to
relation to each other and the position the correct gear, as well as the illumination
of the reverse gear. It would become readily
motor vehicle safety.
selected, shall be displayed in view of the This notice of receipt of Continental’s
driver whenever any of the following apparent to the operator that the illumination
of the reverse gear would be inappropriate petition is published under 49 U.S.C.
conditions exist: (1) The ignition is in a
and not indicative of the actual gear being 30118 and 30120 and does not represent
position where the transmission can be
shifted; or (b) The transmission is not in engaged. Again, once the ignition is turned any agency decision or other exercise of
park. to the ‘‘ON’’ position, the gearshift indicator judgment concerning the merits of the
Honda explains the noncompliance as would function completely normally. At no petition.
time would the engine operate while in the Affected are a total of approximately
follows:
‘‘ACCESSORY’’ position. 2,627 model 235/55R17 99H Conti Pro
* * * American Honda offered, as an
optional part, through its dealers, a wiring NHTSA agrees with Honda that the Contact replacement tires manufactured
harness as part of a trailer towing kit. The noncompliance is inconsequential to during 2004 and 2005. S5.5(f) of FMVSS
wiring harness included a circuit to provide motor vehicle safety. In the ‘‘accessory’’ No. 139 requires the actual number of
for back-up lights, if present on a trailer, to position, which is when the plies in the tread area to be molded on
illuminate when the transmission was shifted noncompliant display appears, the key both sidewalls of each tire. The
into reverse gear. The Ridgeline utilizes an cannot be removed and the vehicle noncompliant tires are marked on the
electronic display in the instrument panel to cannot start. When the key is turned to sidewall ‘‘TREAD PLIES 1 RAYON + 2
indicate transmission gear position. When
the ‘‘on’’ position, the gear position STEEL + 2 NYLON’’ whereas the correct
the wiring harness in question has been
installed, and the ignition key is turned to indication functions properly and is in marking should be ‘‘TREAD PLIES 1
the accessory position, the electronic display compliance. The noncompliance does RAYON + 2 STEEL + 1 NYLON.’’
indicates not only the actual position of the not affect the function of the Continental Tire believes that the
selected gear, but also illuminates the reverse transmission or the transmission noncompliance is inconsequential to
position indicator in the display, such that lockout. motor vehicle safety and that no
there are two indicator lights lighted at the In consideration of the foregoing, corrective action is warranted.
same time, unless the reverse position is the NHTSA has decided that the petitioner Continental Tire states,
gear selected, in which case only the reverse
has met its burden of persuasion that All other sidewall identification markings
position indicator will be lighted.
the noncompliance described is and safety information are correct. This
Honda has corrected the problem that inconsequential to motor vehicle safety. noncompliant sidewall marking does not
caused these errors so that they will not Accordingly, Honda’s petition is granted affect the safety, performance and durability
be repeated in future production. and the petitioner is exempted from the of the tire; the tires were built as designed.
Honda believes that the obligation of providing notification of, Continental has corrected the problem
noncompliance is inconsequential to and a remedy for, the noncompliance. that caused these errors so that they will
motor vehicle safety and that no
(Authority: 49 U.S.C. 30118, 30120; not be repeated in future production.
corrective action is warranted. Honda
delegations of authority at CFR 1.50 and Interested persons are invited to
states that neither the actual function of 501.8) submit written data, views, and
the transmission nor the transmission
Issued on: June 9, 2006. arguments on this petition. Comments
lockout will be affected. Honda states
Daniel C. Smith, must refer to the docket and notice
that there is no possibility of danger
Associate Administrator for Enforcement. number cited at the beginning of this
from the noncompliant display while
notice and be submitted by any of the
the key is in the accessory position. [FR Doc. E6–9278 Filed 6–13–06; 8:45 am]
following methods. Mail: Docket
Honda states: BILLING CODE 4910–59–P
Management Facility, U.S. Department
The key cannot be removed, the vehicle of Transportation, Nassif Building,
cannot start, and the actual gear position Room PL–401, 400 Seventh Street, SW.,
would be illuminated, as well as the reverse DEPARTMENT OF TRANSPORTATION
position. There are two possible scenarios to
Washington, DC 20590–0001. Hand
consider. National Highway Traffic Safety Delivery: Room PL–401 on the plaza
In the first and most common scenario, if Administration level of the Nassif Building, 400
the key had been removed, upon initial Seventh Street, SW., Washington, DC. It
insertion of the key, the vehicle would have [Docket No. NHTSA–2006–24928; Notice 1] is requested, but not required, that two
had to be in ‘‘PARK,’’ and turning the key to copies of the comments be provided.
the accessory position will illuminate both Continental Tire North America,
Receipt of Petition for Decision of The Docket Section is open on
the ‘‘PARK’’ and ‘‘REVERSE’’ indications, but weekdays from 10 a.m. to 5 p.m. except
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not allow the vehicle to be shifted from the Inconsequential Noncompliance


‘‘PARK’’ position. Then, when the key was
Federal holidays. Comments may be
turned to the ‘‘on’’ position, allowing the Continental Tire North America submitted electronically by logging onto
vehicle to be shifted from the ‘‘PARK’’ (Continental) has determined that the Docket Management System Web
position, the gear position indicator would certain tires it produced in 2004 and site at http://dms.dot.gov. Click on
function properly. 2005 do not comply with S5.5(f) of 49 ‘‘Help’’ to obtain instructions for filing

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