[Federal Register: April 19, 2007 (Volume 72, Number 75)]
[Notices]
[Page 19754]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap07-72]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA 2006-26280; Notice 2]
The Braun Corporation, Grant 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.'' Pursuant to 49
U.S.C. 30118(d) and 30120(h), Braun 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 Reports.'' Notice of receipt of a petition was
published, with a 30-day comment period, on December 13, 2006, in the
Federal Register (71 FR 74993). 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-2006-26280.
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 25 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 described its noncompliance as follows:
Following compliance tests conducted by the National Highway
Traffic Safety Administration at MGA Research Corporation in
Burlington, Wisconsin, The Braun Corporation has confirmed through
its investigation that it manufactured and distributed approximately
15,992 wheelchair lifts (from April 1, 2005 to July 19, 2006) whose
handrails are unable to meet the requirements for displacement as
defined in S6.4.9.7 and S6.4.9.9 of the standard.
Braun has corrected the problem that caused these errors so that they
will not be repeated in future production.
Braun believes that this noncompliance is inconsequential to motor
vehicle safety and that no corrective action is warranted. Braun stated
that:
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.''
When NHTSA proposed handrail requirements in July 2000, it stated
that the 445 N (100 lb) force applied at any point and in any direction
on the handrail is to ensure that handrails are stable and have
adequate clearance around them. The 445 N (100 lb) force is a test that
represents normal use and the resulting deflections should not cause
the passenger to become unstable or allow his hands which are grasping
the handrails to interact with any portion of the vehicle. Such results
would be a safety concern. The 1,112 N (250 lb) force is a test that
assures that handrails are sufficiently strong to prevent catastrophic
failure. If a handrail is overloaded, it is allowed to deflect further,
however, it would be undesirable for the handrail to fracture which
could cause it to collapse. The July 27, 2000 supplemental notice of
proposed rulemaking (SNPRM) (65 FR 46228) and the December 2002 final
rule (67 FR 79416) have the same handrail requirements and test
procedures. In addition to these functional requirements, maximum
displacement limits are specified. In NHTSA's compliance test on the
Braun lift, the 445 N (100 lb) force was applied downward on the
handrail and the deflection of 51 mm exceeded the requirement's limit
of 25 mm. The 1,112 N (250 lb) force was applied downward and the
deflection of 124 mm exceeded the requirement's limit of 100 mm. During
application of the 1,112 N (250 lb) force, however, the handrail did
not exhibit cracking, separation or fracture. Although the Braun lift
handrail, when tested with a downward force, exceeded the displacement
limits by 26 mm at 445 N (100 lb) and 24 mm at 1,112 N (250 lb), the
handrail gradually deflected downward and did not fail
catastrophically. This type of failure would not cause the passenger to
become unstable, adversely interact with the vehicle, or pose a safety
concerns that the handrail requirements were intended to address. NHTSA
is reviewing its laboratory test procedure as applicable to the
handrail protocols to assess compliance with S6.4.9. It is anticipated
that future tests will specify placement and direction of forces that
will be more focused to address worst-case handrail displacement and
real-world safety problems.
In consideration of the foregoing, NHTSA has decided that the
petitioner has met its burden of persuasion that the noncompliance
described is inconsequential to motor vehicle safety. Accordingly,
Braun's petition is granted and the petitioner is exempted from the
obligation of providing notification of, and a remedy for, the
noncompliances.
Authority: 49 U.S.C. 30118, 30120; delegations of authority at
CFR 1.50 and 501.8.
Issued on: April 12, 2007.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E7-7412 Filed 4-18-07; 8:45 am]
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