[Federal Register Volume 71, Number 239 (Wednesday, December 13, 2006)]
[Notices]
[Page 74994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21208]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-26281; 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 
S6.1.3 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 12,940 model NL, NCL, and NVL 
wheelchair lifts produced between July 6, 2005 and July 19, 2006. 
S6.1.3 of FMVSS No. 403 requires:

    A visual and audible warning must activate if the platform is 
more than 25 mm (1 inch) below the platform threshold area and 
portions of a passenger's body or mobility aid is on the platform 
threshold area defined in S4 when tested in accordance with S7.4.

The threshold warning systems of the noncompliant lifts are unable to 
detect occupancy throughout the entire platform threshold area defined 
in S4. Braun has corrected the problem that caused these errors so that 
they will not be repeated in future production.
    Braun believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Braun 
explains that ``the sensitivity of the system used to detect occupancy 
has been found to be diminished through the center of the threshold 
area.'' Braun states:

    [I]t is virtually impossible for a wheelchair to transit the 
entire depth of the threshold warning area without triggering the 
warning. * * * [A] rolling wheelchair cannot conceivably get to an 
area of attenuated threshold sensitivity without first triggering 
the warning. In addition, the rolling wheelchair cannot conceivably 
roll off the outer end of the threshold warning area without again 
triggering the warning.

    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 am to 5 pm 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. E6-21208 Filed 12-12-06; 8:45 am]
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