[Federal Register Volume 71, Number 239 (Wednesday, December 13, 2006)]
[Notices]
[Pages 74993-74994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21206]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-26280; Notice 1]


The Braun Corporation, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    The Braun Corporation (Braun) has determined that certain 
wheelchair lifts it produced in 2005 through 2006 do not comply with 
S6.4.9 of 49 CFR 571.403, Federal Motor Vehicle Safety Standard (FMVSS) 
No. 403, ``Platform lift systems for motor vehicles.'' Braun 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), Braun 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 Braun'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 15,992 model NL, NCL, and NVL 
wheelchair lifts produced between April 1, 2005 and July 19, 2006. 
S6.4.9.7 of FMVSS No. 403 requires:

    When tested in accordance with S7.12.1, each handrail must 
withstand 445 N (100 pounds force) applied at any point and in any 
direction on the handrail without more than 22 mm (1 inch) of 
displacement relative to the platform surface. After removal of the 
load, the handrail must exhibit no permanent deformation.

In addition, S6.4.9.9 of FMVSS No. 403 requires:

    When tested in accordance with S7.12.2, each handrail must 
withstand 1,112 N (250 lbf) applied at any point and in any 
direction on the handrail without sustaining any failure, such as 
cracking, separation, fracture, or more than 100 mm (4 inches) of 
displacement of any point on the handrails relative to the platform 
surface.

The noncompliant lifts do not meet the displacement requirements of 
S6.4.9.7 and S6.4.9.9.
    Braun believes that the noncompliance is inconsequential to

[[Page 74994]]

motor vehicle safety and that no corrective action is warranted. Braun 
states the following:

    The non-complying wheelchair lifts continue to meet the 
requirements set forth in the Americans with Disabilities Act (ADA). 
In other words, they are able to withstand ``a force of 100 pounds 
concentrated at any point on the handrail without permanent 
deformation of the rail or its supporting structure.'' * * * The 
Braun Corporation has never received a claim or complaint of 
handrail failure resulting in an injury. * * * [T]he handrails have 
been utilized hundreds of millions, if not billions of times without 
incident. * * * [A]ny modifications, or upgrades imposed to ensure 
compliance with FMVSS 403 would appear to provide a statistically 
insignificant enhancement.''

    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: January 12, 2007.

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

    Dated: December 7, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E6-21206 Filed 12-12-06; 8:45 am]
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