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


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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]
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