Maxon Industry, Inc. DBA Maxonlift Corp.; Ruling on Petition for Determination of Inconsequential Noncompliance, 28759 [E7-9858]

Download as PDF Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Notices 28759 LIST OF APA MEMBERS COVERED BY EXEMPTION FROM 14 HOUR RULE IN HOURS OF SERVICE FOR DRIVERS REGULATION—Continued Company name Address Address 2 DOT # Wolverine Fireworks Display, Inc ..................................... Young Explosives Corp .................................................... Zambelli Fireworks MFG, Co., Inc .................................... 205 W Seidlers ................................ P.O. Box 18653 ............................... P.O. Box 1463 ................................. Kawkawlin, MI .................................. Rochester, NY ................................. New Castle, PA 16103 .................... 376857 450304 033167 [FR Doc. E7–9841 Filed 5–21–07; 8:45 am] BILLING CODE 4910–EX–P 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: https://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: jlentini on PROD1PC65 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 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 VerDate Aug<31>2005 18:21 May 21, 2007 Jkt 211001 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 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 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] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2006–26109] Panoz Auto-Development Company; Grant of Application for a Temporary Exemption From the Advanced Air Bag Requirements of FMVSS No. 208 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of application for temporary exemption from certain provisions of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection. AGENCY: SUMMARY: This document grants the application of Panoz Auto-Development Company for a temporary exemption from certain advanced air bag requirements of FMVSS No. 208. The exemption applies to the Panoz Esperante. The basis for the grant is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard, and the exemption would have a negligible effect on motor vehicle safety. The notice of receipt of an application for temporary exemption from Panoz was published in the Federal Register on October 20, 2006. We received no comments in response to the publication. The exemption for the Panoz Esperante from the specified provisions of FMVSS No. 208 is effective immediately and remains in effect through August 31, 2009. DATES: E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

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


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

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: https://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]
BILLING CODE 4910-59-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.