[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Notices]
[Page 28759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9858]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-26424; Notice 2]


Maxon Industry, Inc. DBA Maxonlift Corp.; Ruling on Petition for 
Determination 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 paragraph S6.4.7.3 of 49 CFR 571.403, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 403, Platform Lift Systems for Motor 
Vehicles. Pursuant to 49 U.S.C. 30118(d) and 30120(h), Maxonlift has 
petitioned for a determination that this noncompliance is 
inconsequential to motor vehicle safety and has filed an appropriate 
report pursuant to 49 CFR Part 573, ``Defect and Noncompliance 
Responsibility and Reports.'' Notice of receipt of the petition was 
published, with a 30 day public comment period, on December 13, 2006 in 
the Federal Register (71 FR 74996). The National Highway Traffic Safety 
Administration (NHTSA) received no comments. To view the petition and 
all supporting documents, go to: http://dms.dot.gov/search/searchFormSimple.cfm and enter Docket No. NHTSA-2006-26424.
    Affected are a total of approximately 197 Model WL-7 and WL-7A 
wheelchair lifts produced by Maxon between April 1, 2005 and May 30, 
2006. Specifically, paragraph 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 outer barrier wheelchair 
retention device does not comply. In NHTSA's compliance test on the 
Maxon lift, the outer barrier sustained 5,502 N (1,237 lb. force). 
Bending occurs on the locking bracket attachments and in the ramp 
extrusion, and potentially the outer barrier can unfold or 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.

    With respect to the lifts that were provided with seat belts and an 
associated electronic feature that prevents lift platform up and down 
travel unless the seat belt is fastened, NHTSA agrees with Maxonlift 
that the noncompliance of the outer barrier is inconsequential to motor 
vehicle safety. NHTSA does not agree with Maxonlift with regard to the 
remainder of the lifts that do not have seat belts (secondary 
wheelchair retention devices). Lifts without seatbelts would rely 
solely on the inadequate noncompliant outer barrier to prevent a 
wheelchair from rolling off the lift platform. A failure of the outer 
barrier would therefore present a potential for severe injury to both 
the wheelchair occupant and attendants.
    On the basis of the foregoing, NHTSA has determined that Maxonlift 
has adequately demonstrated that, under the specific facts and 
circumstances presented here, the noncompliance with FMVSS No. 403 in 
the lifts with seat belts is inconsequential to motor vehicle safety 
and no further action is warranted. Conversely, the noncompliance in 
the lifts without seat belts is not inconsequential.
    Accordingly, Maxonlift's petition for an exemption from the duty to 
recall these noncompliant lifts equipped with seat belts is granted in 
part. However, the case of the noncompliant lifts without seat belts, 
the petition is denied and Maxonlift must notify according to 49 U.S.C. 
30118 and remedy according to 49 U.S.C. 30120.

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

    Issued on: May 16, 2007.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E7-9858 Filed 5-21-07; 8:45 am]
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