Notice2023-18332
Ricon Corporation and Navistar, Inc., Receipt of Petitions for Decision of Inconsequential Noncompliance
Primary source
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Published
August 25, 2023
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Ricon Corporation (Ricon) has determined that certain Ricon S- Series and K-Series platform lifts do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 403, Platform Lift Systems for Motor Vehicles. Based on Ricon's determination, Navistar, Inc., on behalf of IC Bus, LLC (Navistar), who installed the S-Series and K- Series platform lifts in their school and commercial buses, determined that model year (MY) 2013-2022 IC buses do not comply with FMVSS No. 404, Platform Lift Installation in Motor Vehicles. Ricon and Navistar, collectively referred to as the "the petitioners," filed the appropriate noncompliance reports and subsequently petitioned NHTSA for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the receipt of the petitioner's petitions.
Full Text
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<title>Federal Register, Volume 88 Issue 164 (Friday, August 25, 2023)</title>
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[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58436-58439]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18332]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0044; Notice 1]
Ricon Corporation and Navistar, Inc., Receipt of Petitions for
Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petitions.
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SUMMARY: Ricon Corporation (Ricon) has determined that certain Ricon S-
Series and K-Series platform lifts do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 403, Platform Lift Systems
for Motor Vehicles. Based on Ricon's determination, Navistar, Inc., on
behalf of IC Bus, LLC (Navistar), who installed the S-Series and K-
Series platform lifts in their school and commercial buses, determined
that model year (MY) 2013-2022 IC buses do not comply with FMVSS No.
404, Platform Lift Installation in Motor Vehicles. Ricon and Navistar,
collectively referred to as the ``the petitioners,'' filed the
appropriate noncompliance reports and subsequently petitioned NHTSA for
a decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces the receipt of
the petitioner's petitions.
DATES: Send comments on or before September 25, 2023.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on the petitions. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
<bullet> Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
[[Page 58437]]
<bullet> Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal holidays.
<bullet> Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow the online instructions for submitting
comments.
<bullet> Comments may also be faxed to (202) 493-2251.
Comments must be written in the English language and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petitions are granted or denied, notice of the decision
will also be published in the Federal Register pursuant to the
authority indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by following the online instructions for
accessing the docket. The docket ID number for these petitions is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).
FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, Safety Compliance
Engineer, NHTSA, Office of Vehicle Safety Compliance, (202) 366-7236.
SUPPLEMENTARY INFORMATION:
I. Overview
Ricon has determined that certain Ricon S-Series and K-Series
platform lifts do not fully comply with the requirements of paragraphs
S6.7.4, S6.7.8.2, S6.13.4.1, and S6.4.4.2 of FMVSS No. 403, Platform
Lift Systems for Motor Vehicles (49 CFR 571.403). Ricon filed a
noncompliance report dated April 30, 2021, and amended it on May 21,
2021, and July 16, 2021, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. Ricon petitioned NHTSA on May
21, 2021, for an exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that these
noncompliances are inconsequential as they relate to motor vehicle
safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part
556, Exemption for Inconsequential Defect or Noncompliance.
Based on Ricon's determination, Navistar, who installed the S-
Series and K-Series Classic wheelchair lifts in their school and
commercial buses, determined that certain model year (MY) 2013-2022 IC
buses do not comply with paragraph S4.1.4 of FMVSS No. 404, Platform
Lift Installation in Motor Vehicles (49 CFR 571.404). Navistar filed
two noncompliance reports, both dated June 16, 2021, and amended the
reports on July 15, 2021, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. Navistar subsequently
petitioned NHTSA on July 12, 2021,\1\ for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential as it relates to motor
vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR
part 556, Exemption for Inconsequential Defect or Noncompliance.
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\1\ Navistar's petition is dated July 12, 2019, but was
submitted on July 12, 2021.
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This notice of receipt of Ricon and Navistar's petitions 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 petitions.
II. Equipment and Vehicles Involved
Ricon submitted that approximately 35,652 Ricon S-Series and K-
Series Platform Lifts, manufactured between October 2, 2012, and April
23, 2021, are potentially involved.
Navistar submitted that the noncompliant lifts were installed in
approximately 2,908 school buses and 29 commercial buses. The following
school buses are potentially involved:
<bullet> MY 2013-2019 IC CE
<bullet> MY 2022 IC CE
<bullet> MY 2013-2015 IC AE
<bullet> MY 2013-2015 IC BE
<bullet> MY 2013-2014 IC RE
<bullet> MY 2016-2017 IC RE
<bullet> MY 2019 IC RE
III. Noncompliances
Ricon explains that the noncompliances are that the subject
wheelchair lifts demonstrate the following:
<bullet> The command system for the S&K Lifts allows simultaneous
performance of more than one function and therefore does not fully meet
the requirements in paragraph S6.7.4 of FMVSS No. 403. Specifically,
when commanded to move up from ground to vehicle floor level by
pressing the ``UP'' button, the simultaneous actuation of the ``DOWN''
and ``UP'' buttons will cause the lift platform to stop its upward
motion and begin a normal downward motion. Additionally, while the
unoccupied lift platform is commanded to stow from a vehicle floor
level by pressing the ``STOW'' button, the simultaneous actuation of
the ``DEPLOY'' and ``STOW'' buttons will cause the lift platform to
revert to a normal deploy motion.
<bullet> The text on the Operating Instructions label that is
affixed to the lifts near the controls, as required in paragraph
S6.7.8, measures 0.08 inches instead of 0.1 inches, and, therefore,
does not comply with the character height requirements stipulated in
paragraph S6.7.8.2.
<bullet> Ricon's installation instructions for public use lifts do
not include verbatim the statement required: ``Public use vehicle
manufacturers are responsible for complying with the lift lighting
requirements in Federal Motor Vehicle Safety Standard No. 404, Platform
Lift Installations in Motor Vehicles (49 CFR 571.404)'', and,
therefore, do not comply with paragraph S6.13.4.1.
<bullet> When the platform is at the ground level loading position,
the outer barrier slope for the portion of rise between 13 mm (0.5 in)
and 75 mm (3 in) exceeds the 1:8 ratio (7.13[deg]) specified in FMVSS
No. 403 paragraph S6.4.4.2. The slope measured on the test lift is
1:6.5 (8.7[deg]) when loaded, which exceeds the required slope by 1.57
degrees, and, therefore, does not comply with paragraph S6.4.4.2.
Navistar explains that due to the noncompliance with FMVSS No. 403
affecting the subject lifts, the subject buses are noncompliant with
paragraph S4.1.4 of FMVSS No. 404.
[[Page 58438]]
IV. Rule Requirements
Paragraph S4.1.4 of FMVSS No. 404 and paragraphs S6.7.4, S6.7.8.2,
S6.13.4.1, and S6.4.4.2 of FMVSS No. 403 include the requirements
relevant to these petitions. S4.1.4 of FMVSS No. 404 requires that the
platform lift, as installed, must continue to comply with all of the
applicable requirements of FMVSS No. 403.
The relevant paragraphs of FMVSS No. 403 are described as follows:
<bullet> S6.7.4 requires that, except for the POWER function
described in S6.7.2.1, the control system specified in S6.7.2, must
prevent the simultaneous performance of more than one function. If an
initial function is actuated, then one or more other functions are
actuated while the initial function remains actuated, the platform must
either continue in the direction dictated by the initial function or
stop. Verification of this requirement is made throughout the lift
operations specified in S7.9.3 through S7.9.8.
<bullet> S6.7.8.2 requires that simple instructions regarding the
platform lift operating procedures, including backup operations as
specified by S6.9, must have characters with a minimum height of 2.5 mm
(0.1 in) and be written in English.''
<bullet> S6.13.4.1 requires that, in addition to meeting the
requirements of S6.13.1 through S6.13.3, the installation instructions
for public use lifts must include, on the front cover of the
instructions, the statement ``DOT-Public Use Lift.''
<bullet> S6.4.4.2 requires that when the platform lift is at the
ground or vehicle level loading position, the slope of any surface over
which a passenger may traverse to enter or exit the platform must have
a rise to run not greater than 1:2 on the portion of the rise between
6.5 mm (0.25 in) and 13 mm (0.5 in), and 1:8 on the portion of the rise
between 13 mm (0.5 in) and 75 mm (3 in). The rise of any sloped surface
may not be greater than 75 mm (3 inches). When the lift is at the
ground level loading position, measurements are made perpendicular to
the ground. When the lift is at the vehicle level loading position,
measurements are made perpendicular to the platform threshold area.''
V. Summary of the Petitioners' Petitions
The following views and arguments presented in this section, ``V.
Summary of the Petitioners' Petitions,'' are the views and arguments
provided by the petitioners. They have not been evaluated by the Agency
and do not reflect the views of the Agency. The petitioners describe
the subject noncompliance and contend that the noncompliance is
inconsequential as it relates to motor vehicle safety.
Ricon says that it has produced the subject lifts for over a decade
and ``has never received a claim or any information that suggests an
incident or injury'' as a result of the subject noncompliances.
Although Ricon has found no indication of the subject noncompliances
being consequential to motor vehicle safety, Ricon is working to ensure
that future production is fully compliant with FMVSS No. 403.
Specifically, Ricon contends that ``due to the geometry'' of the
pendant and buttons it is highly unlikely to simultaneously press the
UP and DOWN buttons or the STOW and DEPLOY buttons. Ricon describes the
spacing between the pendant and buttons, its composition, and
measurements and explains that due to these characteristics, it would
be difficult and unlikely for the user to activate multiple buttons
simultaneously. Further, Ricon says that ``the pendants use four
individual push style buttons that utilize a momentary switch to cause
the lift to move up/down or stow/deploy'' and ``a separate button must
be pressed downwards for each function.'' Overall, Ricon argues the
function will not be activated merely by making contact with the button
surface; force must be deliberately applied to the button to engage it.
In the event that the up/down or stow/deploy buttons were to be
activated simultaneously, Ricon explains that ``because of the
momentary switch design, the lift can only be activated for as long as
the operator holds down the button,'' therefore, ``[a]s soon as the two
buttons are released, the lift immediately stops movement.''
Additionally, according to Ricon, if the operator were to continue to
simultaneously press the UP and DOWN ``the lift would change direction
from the upwards movement and instead begin a normal downwards motion''
at a speed that falls within the maximum platform velocity, as required
by paragraph S.6.2.1 of FMVSS No. 403. Further, Ricon states all
occupants ``must be secured in the platform by a safety belt which is a
redundant safety feature.''
Ricon also goes on to explain that the ``STOW'' and ``DEPLOY''
functions can only be activated simultaneously ``when the lift is
located at vehicle floor left is being commanded to stow.'' Ricon
states that this does not impact safety ``because the lift must be
unoccupied'' to stow.
Ricon then contends there is a minimal difference in the ratio of
the slope in the subject lifts and the ratio required by FMVSS No. 403.
Ricon states that the concern this requirement addresses ``is not
present'' in the subject lifts because the outer barrier ``to reach the
platform is only 4.45 inches long.'' Therefore, according to Ricon, the
user would not notice the increase in slope. Ricon notes that it ``is
not aware of any complaints or reports from the field where a user has
expressed difficulty or inability to access the platform portion of the
lift when using a mobility aid (motorized or manually operated) or when
unassisted'' and suggests that the lack of reports supports their
assertions that the noncompliant slope does not cause the user any
difficulty when using the lift.
Ricon also found that the height of certain lowercase letters found
on the Operating Instructions label affixed to the lift are 0.08 inches
(2.0mm) when they are required to be at least 0.1 inches (2.5mm).
Additionally, the installation instructions do not include the exact
phrase required by S6.13.4.1 of FMVSS No 403, but rather a paraphrased
statement that Ricon believes ``conceptually delivers the same message
to manufacturers of public use vehicles,'' that it is the
manufacturer's responsibility to ensure ``the lift lighting meets the
requirements of the associated safety standard.'' Ricon contends that
the paraphrased statement would not cause any confusion because the
vehicle manufacturer is required by paragraph S4.1.5 of FMVSS No. 404
to certify compliance with the lift lighting requirements described by
the required statement found in S6.13.4.1 of FMVSS No. 403.
According to Ricon, NHTSA has previously granted petitions
regarding noncompliances that are similar to the subject noncompliance.
Ricon cites one petition from The Braun Corporation ``where the lift
handrails did not meet the values for deflection force.'' \2\ Ricon
explains that although ``the handrails collapsed when exposed to forces
above the threshold requirement, the handrails did not collapse or fail
catastrophically,'' and summarizes that NHTSA's concern in
``instituting the deflection force requirement was the possibility of a
catastrophic failure of the handrails which would expose the occupant
to a risk of injury.'' Therefore, Ricon says, NHTSA ``recognized'' that
the noncompliance in that case was not
[[Page 58439]]
a safety concern that was intended to be addressed by handrail
requirements.
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\2\ See The Braun Corporation, Grant of Petition for Decision of
Inconsequential Noncompliance, 72 FR 19754 (April 19, 2007.
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Ricon says that, like the noncompliance found in the Braun
Corporation's petition, ``there is little to no risk of harm or
injury'' caused by the subject noncompliances. Ricon then reiterates
that it is unlikely an operator would simultaneously activate the
buttons that control the lift functions and if simultaneous activation
of the ``STOW''/``DEPLOY'' buttons or the ``UP''/``DOWN,'' did occur,
the lift does not respond in a way that would compromise the safety of
the occupant. Likewise, Ricon claims, the noncompliant slope of the
outer barrier ``is not sufficiently different'' from the required slope
ratio that it would cause ``a noticeable change to the user.''
Last, Ricon states that ``[i]t is not aware of any claims or injury
involving the performance of the control pendant, outer barrier slope,
or operator manual or label wording.''
In its petition, Navistar explains that due to the FMVSS No. 403
noncompliances found in the subject lifts, the subject school and
commercial buses manufactured by Navistar are noncompliant with
paragraph S4.1.4 of FMVSS No. 404. Navistar says that the subject buses
meet all other requirements found in FMVSS No. 404.
Navistar states that it ``incorporates and adopts the information
from Ricon's Petition'' and also says it has not received any
complaints or other notices nor is it aware of any accidents, injuries,
or warranty claims related to the noncompliances occurring in the
subject lifts.
Ricon and Navistar conclude their petitions by stating that the
subject noncompliances are inconsequential as they relate to motor
vehicle safety and that their petitions to be exempted from providing
notification of the noncompliance, as required by 49 U.S.C. 30118, and
a remedy for the noncompliance, as required by 49 U.S.C. 30120, should
be granted.
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
these petitions only applies to the subject equipment and vehicles that
the petitioners no longer controlled at the time they determined that
the noncompliance existed. However, any decision on these petitions
does not relieve equipment and vehicle distributors and dealers of the
prohibitions on the sale, offer for sale, or introduction or delivery
for introduction into interstate commerce of the noncompliant equipment
and vehicles under their control after Ricon and Navistar notified them
that the subject noncompliance existed.
(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8.)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2023-18332 Filed 8-24-23; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on August 25, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.