The Braun Corporation; Denial of Petition for Decision of Inconsequential Noncompliance, 45087-45088 [E7-15611]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Notices]
[Pages 45087-45088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15611]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2006-26281; Notice 2]


The Braun Corporation; Denial 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 
paragraph S6.1.3 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), 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 Responsibility and Reports. Notice 
of receipt of a petition was published, with a 30-day public comment 
period, on December 13, 2006, in the Federal Register (71 FR 74994). 
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-2006-26281.
    For further information on this decision, contact Ms. Theresa 
Lacuesta, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 
366-2319, facsimile (202) 493-0073.
    Affected are a total of approximately 12,940 model NL, NCL, and NVL 
platform lifts produced by Braun between July 6, 2005 and July 19, 
2006. Specifically, paragraph S6.1.3 of FMVSS No. 403 requires:

    A visual and audible warning must activate if the platform is 
more than 25 mm (1 inch \1\) below the platform threshold area and 
portions of a passenger's body or mobility aid is on the platform 
threshold area defined in S4 when tested in accordance with S7.4.

    \1\ S6.1.3 states that the warning must activate if the platform 
is more than 25 mm below the threshold warning area, but it may 
activate when the platform is at a lesser dimension (e.g., 20 mm 
below the platform threshold area).
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    The threshold warning systems of the noncompliant lifts are unable 
to detect occupancy throughout the entire platform threshold area 
defined in paragraph S4. Braun has corrected the problem that caused 
these errors so that they will not be repeated in future production.
    Braun asserts that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Braun 
explains that ``the sensitivity of the system used to detect occupancy 
has been found to be diminished through the center of the threshold 
area.'' Braun also states:

    [I]t is virtually impossible for a wheelchair to transit the 
entire depth of the threshold warning area without triggering the 
warning. * * * [A] rolling wheelchair cannot conceivably get to an 
area of attenuated threshold sensitivity without first triggering 
the warning. In addition, the rolling wheelchair cannot conceivably 
roll off the outer end of the threshold warning area without again 
triggering the warning.

NHTSA Decision

    NHTSA initially detected this noncompliance. In NHTSA's tests, the 
wheelchair test device could be positioned in a significant portion of 
the platform threshold area without Braun's warning system recognizing 
its presence, i.e., a warning failed to activate under the conditions 
of paragraph S6.1.3. (The area in which the presence of the test device 
was not detected is characterized in this notice as a ``dead zone'' for 
clarity.)
    Braun's petition is based on two incorrect premises, i.e., that 
only passengers in wheelchairs are protected by the standard, and that 
the ``dead zone'' in the threshold area does not present a safety risk.
    The wheelchair test device specified in FMVSS No. 403 should not be 
interpreted as an indication that the threshold warning requirements 
are only intended to protect passengers in mobility aids fitting that 
description. The safety standard's Scope section states as follows:
    This standard specifies requirements for platform lifts used to 
assist persons with limited mobility in entering or leaving a 
vehicle.
    More important, the standard itself requires activation of a 
warning if portions of a passenger's body or mobility aid are on the 
threshold area (S6.1.3). Therefore, the relevant risks include those to 
persons whose body part and/or mobility device (e.g., a cane) may move 
directly to the ``dead zone'' of the threshold area without touching 
the perimeter of that area. When NHTSA published the standard at 65 FR 
46238, it recognized that all types of mobility aids including all 
designs of manual and powered wheelchairs, scooters, and other devices 
are used as seats on motor vehicles. Furthermore, at 67 FR 79421, NHTSA 
indicated that it believes the threshold warning system should 
reasonably detect the weight of any occupant in a mobility device as 
well as unattended standing passengers. The standard specifies that the 
threshold warning system be tested by placing one front wheel of an 
unloaded wheelchair test device on any portion (including the center) 
of the threshold warning area without first transiting the perimeter of 
the threshold area. This weight of one front wheel is considered to be 
representative of the minimum force exerted by a wheelchair or half the 
weight of a small child using the lift unattended. Therefore, this test 
assures that a warning is provided to all standing passengers, 
including those who may be aided by canes and walkers, and who step 
into or are standing in the platform threshold area, as well as, 
persons seated in wheelchairs, scooters and other mobility aids that 
roll through the threshold area.
    Braun suggests that it is virtually impossible for a wheelchair to 
transit the entire depth of the platform threshold area without 
triggering the required warning and supports that premise by stating 
that a rolling wheelchair cannot conceivably get to an area of 
attenuated threshold sensitivity without first triggering the warning. 
Braun indicates that, as a result, the noncompliance presents an 
inconsequential risk.
    However, the standard requires that the alarm be activated when the 
test device is placed on ``any portion'' of the threshold area 
(S7.4.2), and there is good reason for that requirement. NHTSA's tests 
demonstrated that the warning would only be activated as the

[[Page 45088]]

unloaded wheelchair test device was at the inside and outside edges of 
the threshold warning area and would be deactivated when a wheelchair 
was in the ``dead zone.'' If a wheelchair was passing through the 
threshold area, the warning would be activated for only a short period 
of time and such an intermittent warning could be confusing to a 
wheelchair user. Also, a passenger's wheelchair may be stopped with its 
front wheels within the ``dead zone'' of the threshold. If the 
wheelchair moves forward, it may be so close to the edge of the vehicle 
floor that the occupant will be unable to react in time to prevent the 
wheelchair from continuing off the edge of the vehicle floor. Likewise, 
for a standing passenger who may be aided by a cane or walker, the 
``dead zone'' of Braun's threshold warning system could cause the 
warning to be intermittent and also reduce the timeliness of the 
warning alarm. Consequently, platform lift users may have inadequate 
time to stop the wheelchair or cease forward movement before reaching 
the edge of the vehicle floor when the platform lift is greater than 25 
mm below the vehicle floor.
    In conclusion, NHTSA believes there is an increased risk that users 
of the subject Braun lifts could fall from a vehicle and be seriously 
injured due to: (1) The large size of ``dead zone'' in the platform 
threshold area and consequent inadequate warning of a significant gap 
between the vehicle floor and the platform provided by the subject 
Braun lift; and (2) the short distance between the outside edge of the 
``dead zone'' and the outside edge of the vehicle floor and the 
resultant short reaction time available to persons with limited 
mobility moving from a position within the threshold ``dead zone.''
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has not met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Braun's petition is hereby denied, and the petitioner 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: August 6, 2007.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E7-15611 Filed 8-9-07; 8:45 am]
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