Maxon Industry Inc. DBA Maxonlift Corp., Receipt of Petition for Decision of Inconsequential Noncompliance, 74996 [E6-21210]

Download as PDF 74996 Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Notices (Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8.) corrective action is warranted. Maxonlift states: Issued on: December 7, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–21223 Filed 12–12–06; 8:45 am] BILLING CODE 4910–59–P 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: hsrobinson on PROD1PC76 with NOTICES 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 VerDate Aug<31>2005 21:31 Dec 12, 2006 Jkt 211001 DEPARTMENT OF TRANSPORTATION 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 https://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 https:// 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 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 National Highway Traffic Safety Administration [Docket No. NHTSA–2006–26282; Notice 1] U.S. Bus Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance U.S. Bus Corporation (U.S. Bus) has determined that certain school buses it produced in 1998 through 2006 do not comply with S9.3(c) of 49 CFR 571.111, Federal Motor Vehicle Safety Standard (FMVSS) No. 111, ‘‘Rearview mirrors.’’ U.S. Bus 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), U.S. Bus 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 U.S. Bus’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 4,019 Universe and Sturdibus school buses produced from 1998 through October 23, 2006. S9.3(c) of FMVSS No. 111 requires that: Each school bus which has a mirror installed in compliance with S9.3(a) that has an average radius of curvature of less than 889 mm, as determined under S12, shall have a label visible to the seated driver. * * * The label shall state the following: ‘‘USE CROSS VIEW MIRRORS TO VIEW PEDESTRIANS WHILE BUS IS STOPPED. DO NOT USE THESE MIRRORS TO VIEW TRAFFIC WHILE BUS IS MOVING. IMAGES IN SUCH MIRRORS DO NOT ACCURATELY SHOW ANOTHER VEHICLE’S LOCATION.’’ The rearview mirrors on the noncompliant buses are installed in a position which may block the driver’s view of this label. U.S. Bus has corrected the problem that caused these errors so that they will not be repeated in future production. U.S. Bus believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. U.S. Bus states this is based on the following: 1. The decal in question is required only on school buses; 2. The crossview mirrors requiring the decal are only required on school buses; 3. School bus drivers are thoroughly trained in driving a school bus, including proper adjustment and viewing images through both the rearview and crossview mirrors; 4. The placement of the decal has no effect on the safety or reliability E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

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


-----------------------------------------------------------------------

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 
https://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 https://
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

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