[Federal Register: August 10, 2007 (Volume 72, Number 154)]
[Notices]
[Page 45087-45088]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au07-140]
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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:
http://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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