[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58436-58439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18332]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0044; Notice 1]


Ricon Corporation and Navistar, Inc., Receipt of Petitions for 
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petitions.

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SUMMARY: Ricon Corporation (Ricon) has determined that certain Ricon S-
Series and K-Series platform lifts do not fully comply with Federal 
Motor Vehicle Safety Standard (FMVSS) No. 403, Platform Lift Systems 
for Motor Vehicles. Based on Ricon's determination, Navistar, Inc., on 
behalf of IC Bus, LLC (Navistar), who installed the S-Series and K-
Series platform lifts in their school and commercial buses, determined 
that model year (MY) 2013-2022 IC buses do not comply with FMVSS No. 
404, Platform Lift Installation in Motor Vehicles. Ricon and Navistar, 
collectively referred to as the ``the petitioners,'' filed the 
appropriate noncompliance reports and subsequently petitioned NHTSA for 
a decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. This document announces the receipt of 
the petitioner's petitions.

DATES: Send comments on or before September 25, 2023.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on the petitions. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.

[[Page 58437]]

     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petitions are granted or denied, notice of the decision 
will also be published in the Federal Register pursuant to the 
authority indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the docket. The docket ID number for these petitions is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, Safety Compliance 
Engineer, NHTSA, Office of Vehicle Safety Compliance, (202) 366-7236.

SUPPLEMENTARY INFORMATION:

I. Overview

    Ricon has determined that certain Ricon S-Series and K-Series 
platform lifts do not fully comply with the requirements of paragraphs 
S6.7.4, S6.7.8.2, S6.13.4.1, and S6.4.4.2 of FMVSS No. 403, Platform 
Lift Systems for Motor Vehicles (49 CFR 571.403). Ricon filed a 
noncompliance report dated April 30, 2021, and amended it on May 21, 
2021, and July 16, 2021, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. Ricon petitioned NHTSA on May 
21, 2021, for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that these 
noncompliances are inconsequential as they relate to motor vehicle 
safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 
556, Exemption for Inconsequential Defect or Noncompliance.
    Based on Ricon's determination, Navistar, who installed the S-
Series and K-Series Classic wheelchair lifts in their school and 
commercial buses, determined that certain model year (MY) 2013-2022 IC 
buses do not comply with paragraph S4.1.4 of FMVSS No. 404, Platform 
Lift Installation in Motor Vehicles (49 CFR 571.404). Navistar filed 
two noncompliance reports, both dated June 16, 2021, and amended the 
reports on July 15, 2021, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. Navistar subsequently 
petitioned NHTSA on July 12, 2021,\1\ for an exemption from the 
notification and remedy requirements of 49 U.S.C. Chapter 301 on the 
basis that this noncompliance is inconsequential as it relates to motor 
vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR 
part 556, Exemption for Inconsequential Defect or Noncompliance.
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    \1\ Navistar's petition is dated July 12, 2019, but was 
submitted on July 12, 2021.
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    This notice of receipt of Ricon and Navistar's petitions 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 petitions.

II. Equipment and Vehicles Involved

    Ricon submitted that approximately 35,652 Ricon S-Series and K-
Series Platform Lifts, manufactured between October 2, 2012, and April 
23, 2021, are potentially involved.
    Navistar submitted that the noncompliant lifts were installed in 
approximately 2,908 school buses and 29 commercial buses. The following 
school buses are potentially involved:

 MY 2013-2019 IC CE
 MY 2022 IC CE
 MY 2013-2015 IC AE
 MY 2013-2015 IC BE
 MY 2013-2014 IC RE
 MY 2016-2017 IC RE
 MY 2019 IC RE

III. Noncompliances

    Ricon explains that the noncompliances are that the subject 
wheelchair lifts demonstrate the following:
     The command system for the S&K Lifts allows simultaneous 
performance of more than one function and therefore does not fully meet 
the requirements in paragraph S6.7.4 of FMVSS No. 403. Specifically, 
when commanded to move up from ground to vehicle floor level by 
pressing the ``UP'' button, the simultaneous actuation of the ``DOWN'' 
and ``UP'' buttons will cause the lift platform to stop its upward 
motion and begin a normal downward motion. Additionally, while the 
unoccupied lift platform is commanded to stow from a vehicle floor 
level by pressing the ``STOW'' button, the simultaneous actuation of 
the ``DEPLOY'' and ``STOW'' buttons will cause the lift platform to 
revert to a normal deploy motion.
     The text on the Operating Instructions label that is 
affixed to the lifts near the controls, as required in paragraph 
S6.7.8, measures 0.08 inches instead of 0.1 inches, and, therefore, 
does not comply with the character height requirements stipulated in 
paragraph S6.7.8.2.
     Ricon's installation instructions for public use lifts do 
not include verbatim the statement required: ``Public use vehicle 
manufacturers are responsible for complying with the lift lighting 
requirements in Federal Motor Vehicle Safety Standard No. 404, Platform 
Lift Installations in Motor Vehicles (49 CFR 571.404)'', and, 
therefore, do not comply with paragraph S6.13.4.1.
     When the platform is at the ground level loading position, 
the outer barrier slope for the portion of rise between 13 mm (0.5 in) 
and 75 mm (3 in) exceeds the 1:8 ratio (7.13[deg]) specified in FMVSS 
No. 403 paragraph S6.4.4.2. The slope measured on the test lift is 
1:6.5 (8.7[deg]) when loaded, which exceeds the required slope by 1.57 
degrees, and, therefore, does not comply with paragraph S6.4.4.2.
    Navistar explains that due to the noncompliance with FMVSS No. 403 
affecting the subject lifts, the subject buses are noncompliant with 
paragraph S4.1.4 of FMVSS No. 404.

[[Page 58438]]

IV. Rule Requirements

    Paragraph S4.1.4 of FMVSS No. 404 and paragraphs S6.7.4, S6.7.8.2, 
S6.13.4.1, and S6.4.4.2 of FMVSS No. 403 include the requirements 
relevant to these petitions. S4.1.4 of FMVSS No. 404 requires that the 
platform lift, as installed, must continue to comply with all of the 
applicable requirements of FMVSS No. 403.
    The relevant paragraphs of FMVSS No. 403 are described as follows:
     S6.7.4 requires that, except for the POWER function 
described in S6.7.2.1, the control system specified in S6.7.2, must 
prevent the simultaneous performance of more than one function. If an 
initial function is actuated, then one or more other functions are 
actuated while the initial function remains actuated, the platform must 
either continue in the direction dictated by the initial function or 
stop. Verification of this requirement is made throughout the lift 
operations specified in S7.9.3 through S7.9.8.
     S6.7.8.2 requires that simple instructions regarding the 
platform lift operating procedures, including backup operations as 
specified by S6.9, must have characters with a minimum height of 2.5 mm 
(0.1 in) and be written in English.''
     S6.13.4.1 requires that, in addition to meeting the 
requirements of S6.13.1 through S6.13.3, the installation instructions 
for public use lifts must include, on the front cover of the 
instructions, the statement ``DOT-Public Use Lift.''
     S6.4.4.2 requires that when the platform lift is at the 
ground or vehicle level loading position, the slope of any surface over 
which a passenger may traverse to enter or exit the platform must have 
a rise to run not greater than 1:2 on the portion of the rise between 
6.5 mm (0.25 in) and 13 mm (0.5 in), and 1:8 on the portion of the rise 
between 13 mm (0.5 in) and 75 mm (3 in). The rise of any sloped surface 
may not be greater than 75 mm (3 inches). When the lift is at the 
ground level loading position, measurements are made perpendicular to 
the ground. When the lift is at the vehicle level loading position, 
measurements are made perpendicular to the platform threshold area.''

V. Summary of the Petitioners' Petitions

    The following views and arguments presented in this section, ``V. 
Summary of the Petitioners' Petitions,'' are the views and arguments 
provided by the petitioners. They have not been evaluated by the Agency 
and do not reflect the views of the Agency. The petitioners describe 
the subject noncompliance and contend that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    Ricon says that it has produced the subject lifts for over a decade 
and ``has never received a claim or any information that suggests an 
incident or injury'' as a result of the subject noncompliances. 
Although Ricon has found no indication of the subject noncompliances 
being consequential to motor vehicle safety, Ricon is working to ensure 
that future production is fully compliant with FMVSS No. 403.
    Specifically, Ricon contends that ``due to the geometry'' of the 
pendant and buttons it is highly unlikely to simultaneously press the 
UP and DOWN buttons or the STOW and DEPLOY buttons. Ricon describes the 
spacing between the pendant and buttons, its composition, and 
measurements and explains that due to these characteristics, it would 
be difficult and unlikely for the user to activate multiple buttons 
simultaneously. Further, Ricon says that ``the pendants use four 
individual push style buttons that utilize a momentary switch to cause 
the lift to move up/down or stow/deploy'' and ``a separate button must 
be pressed downwards for each function.'' Overall, Ricon argues the 
function will not be activated merely by making contact with the button 
surface; force must be deliberately applied to the button to engage it.
    In the event that the up/down or stow/deploy buttons were to be 
activated simultaneously, Ricon explains that ``because of the 
momentary switch design, the lift can only be activated for as long as 
the operator holds down the button,'' therefore, ``[a]s soon as the two 
buttons are released, the lift immediately stops movement.'' 
Additionally, according to Ricon, if the operator were to continue to 
simultaneously press the UP and DOWN ``the lift would change direction 
from the upwards movement and instead begin a normal downwards motion'' 
at a speed that falls within the maximum platform velocity, as required 
by paragraph S.6.2.1 of FMVSS No. 403. Further, Ricon states all 
occupants ``must be secured in the platform by a safety belt which is a 
redundant safety feature.''
    Ricon also goes on to explain that the ``STOW'' and ``DEPLOY'' 
functions can only be activated simultaneously ``when the lift is 
located at vehicle floor left is being commanded to stow.'' Ricon 
states that this does not impact safety ``because the lift must be 
unoccupied'' to stow.
    Ricon then contends there is a minimal difference in the ratio of 
the slope in the subject lifts and the ratio required by FMVSS No. 403. 
Ricon states that the concern this requirement addresses ``is not 
present'' in the subject lifts because the outer barrier ``to reach the 
platform is only 4.45 inches long.'' Therefore, according to Ricon, the 
user would not notice the increase in slope. Ricon notes that it ``is 
not aware of any complaints or reports from the field where a user has 
expressed difficulty or inability to access the platform portion of the 
lift when using a mobility aid (motorized or manually operated) or when 
unassisted'' and suggests that the lack of reports supports their 
assertions that the noncompliant slope does not cause the user any 
difficulty when using the lift.
    Ricon also found that the height of certain lowercase letters found 
on the Operating Instructions label affixed to the lift are 0.08 inches 
(2.0mm) when they are required to be at least 0.1 inches (2.5mm). 
Additionally, the installation instructions do not include the exact 
phrase required by S6.13.4.1 of FMVSS No 403, but rather a paraphrased 
statement that Ricon believes ``conceptually delivers the same message 
to manufacturers of public use vehicles,'' that it is the 
manufacturer's responsibility to ensure ``the lift lighting meets the 
requirements of the associated safety standard.'' Ricon contends that 
the paraphrased statement would not cause any confusion because the 
vehicle manufacturer is required by paragraph S4.1.5 of FMVSS No. 404 
to certify compliance with the lift lighting requirements described by 
the required statement found in S6.13.4.1 of FMVSS No. 403.
    According to Ricon, NHTSA has previously granted petitions 
regarding noncompliances that are similar to the subject noncompliance. 
Ricon cites one petition from The Braun Corporation ``where the lift 
handrails did not meet the values for deflection force.'' \2\ Ricon 
explains that although ``the handrails collapsed when exposed to forces 
above the threshold requirement, the handrails did not collapse or fail 
catastrophically,'' and summarizes that NHTSA's concern in 
``instituting the deflection force requirement was the possibility of a 
catastrophic failure of the handrails which would expose the occupant 
to a risk of injury.'' Therefore, Ricon says, NHTSA ``recognized'' that 
the noncompliance in that case was not

[[Page 58439]]

a safety concern that was intended to be addressed by handrail 
requirements.
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    \2\ See The Braun Corporation, Grant of Petition for Decision of 
Inconsequential Noncompliance, 72 FR 19754 (April 19, 2007.
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    Ricon says that, like the noncompliance found in the Braun 
Corporation's petition, ``there is little to no risk of harm or 
injury'' caused by the subject noncompliances. Ricon then reiterates 
that it is unlikely an operator would simultaneously activate the 
buttons that control the lift functions and if simultaneous activation 
of the ``STOW''/``DEPLOY'' buttons or the ``UP''/``DOWN,'' did occur, 
the lift does not respond in a way that would compromise the safety of 
the occupant. Likewise, Ricon claims, the noncompliant slope of the 
outer barrier ``is not sufficiently different'' from the required slope 
ratio that it would cause ``a noticeable change to the user.''
    Last, Ricon states that ``[i]t is not aware of any claims or injury 
involving the performance of the control pendant, outer barrier slope, 
or operator manual or label wording.''
    In its petition, Navistar explains that due to the FMVSS No. 403 
noncompliances found in the subject lifts, the subject school and 
commercial buses manufactured by Navistar are noncompliant with 
paragraph S4.1.4 of FMVSS No. 404. Navistar says that the subject buses 
meet all other requirements found in FMVSS No. 404.
    Navistar states that it ``incorporates and adopts the information 
from Ricon's Petition'' and also says it has not received any 
complaints or other notices nor is it aware of any accidents, injuries, 
or warranty claims related to the noncompliances occurring in the 
subject lifts.
    Ricon and Navistar conclude their petitions by stating that the 
subject noncompliances are inconsequential as they relate to motor 
vehicle safety and that their petitions to be exempted from providing 
notification of the noncompliance, as required by 49 U.S.C. 30118, and 
a remedy for the noncompliance, as required by 49 U.S.C. 30120, should 
be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, any decision on 
these petitions only applies to the subject equipment and vehicles that 
the petitioners no longer controlled at the time they determined that 
the noncompliance existed. However, any decision on these petitions 
does not relieve equipment and vehicle distributors and dealers of the 
prohibitions on the sale, offer for sale, or introduction or delivery 
for introduction into interstate commerce of the noncompliant equipment 
and vehicles under their control after Ricon and Navistar notified them 
that the subject noncompliance existed.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 
CFR 1.95 and 501.8.)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2023-18332 Filed 8-24-23; 8:45 am]
BILLING CODE 4910-59-P