[Federal Register Volume 71, Number 239 (Wednesday, December 13, 2006)]
[Notices]
[Page 74996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21210]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-26424; Notice 1]


Maxon Industry Inc. DBA Maxonlift Corp., Receipt of Petition for 
Decision of Inconsequential Noncompliance

    Maxon Industry Inc. DBA Maxonlift Corp. (Maxonlift) has determined 
that certain wheelchair lifts that it produced in 2005 and 2006 do not 
comply with S6.4.7.3 of 49 CFR 571.403, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 403, ``Platform lift systems for motor vehicles.'' 
Maxonlift 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), Maxonlift 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 Maxonlift'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 197 Model WL-7 and WL-7A 
wheel chair lifts produced between April 1, 2005 and May 30, 2006. 
S6.4.7.3 of FMVSS No. 403 requires:

    The deployed wheelchair retention device(s) must be capable of 
sustaining 7,117 N (1,600 lb force) when tested in accordance with 
S7.13. No separation, fracture, or breakage of the wheelchair 
retention device may occur as a result of conducting the test in 
S7.13.

On the subject wheelchair lifts, the outboard roll stop wheelchair 
retention device does not comply. Bending occurs on the locking bracket 
attachments and in the ramp extrusion, and potentially the outer 
barrier can unfold or pieces break. Maxonlift has corrected the problem 
that caused these errors so that they will not be repeated in future 
production.
    Maxonlift believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Maxonlift states:

    For the units built with seat belts [all except for 63] we have 
an electronic feature that does not allow the unit to travel up and 
down without the seat belts fastened. The seat belt is an added 
restraint that takes force off of the outboard roll stop. If an 
electric wheelchair is accidentally moved forward it will hit the 
seat belt first keeping the person in place. We have had zero 
failure reports or warranty claims relating to an outboard roll stop 
failure.

    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. E6-21210 Filed 12-12-06; 8:45 am]
BILLING CODE 4910-59-P