[Federal Register Volume 61, Number 49 (Tuesday, March 12, 1996)]
[Notices]
[Pages 10059-10061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5801]



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

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration


Denial of Petition for a Defect Investigation

    This notice sets forth the reason for the denial of a petition 
submitted to the National Highway Traffic Safety Administration (NHTSA) 
under 49 U.S.C. Sec. 30162(a)(2) (formerly section 124 of the National 
Traffic and Motor Vehicle Safety Act of 1966, as amended).
    By letter dated July 26, 1995, R. David Pittle, Ph.D., Vice 
President and Technical Director of Consumers Union (CU), petitioned 
the Administrator of the National Highway Traffic Safety Administration 
(NHTSA) to investigate the Century Model 590 child safety seat. Dr. 
Pittle's request was based on testing conducted for CU by an 
independent testing facility that utilized the 20-pound test dummy 
included in the test

[[Page 10060]]
procedure for Federal Motor Vehicle Safety Standard (FMVSS) No. 213, 
``Child Restraint Systems,'' that is currently scheduled to take effect 
in September 1996. This report responds only to that portion of Dr. 
Pittle's letter which petitioned the National Highway Traffic Safety 
Administration (NHTSA) to begin an investigation to determine whether a 
product defect recall of the Century Model 590 should be instituted 
under the provisions of 49 CFR Part 577. Those issues concerning CU's 
petition seeking amendments to FMVSS No. 213 will be responded to 
separately.
    Century was the first manufacturer to develop an infant/child 
restraint that snaps into a base that can be left in the car. The seat, 
the Model 590, was introduced in 1992. The seat base is secured to the 
vehicle seat with the vehicle seat belt and does not need to be 
unstrapped each time the child seat is removed from the vehicle. The 
Century 590 is designed to be used only in a rearward facing position 
by children less than 20 pounds in weight.
    The Century 590 seat base fractured in three CU tests when used in 
the rearward facing position with the seat snapped into the base, where 
it is held by two spring-loaded latching pawls. This method of using 
the seat is preferred by many parents, as it is a much faster and more 
convenient method of placing the child seat into the vehicle compared 
to fastening and unfastening the vehicle seat belt. The seat can also 
be used without the provided base, by securing it directly to the 
vehicle with the seat belts. When secured in this manner, the seat 
successfully completed all the crash tests conducted for CU. The seat 
portion is equipped with a handle, so that the infant can be carried in 
the seat to and from the vehicle.
    Under S7.1 of FMVSS No. 213 as currently in effect, a seat that is 
recommended by its manufacturer for use by children up to 20 pounds is 
tested in the rearward facing position in a 30 mph dynamic test using a 
``six-month-old'' dummy that weighs 17 pounds. Among many performance 
requirements, S5.1.1(a) provides that the seat must ``[e]xhibit no 
complete separation of any load bearing structural element . . . .'' In 
addition, pursuant to S5.1.4, ``. . . the angle between the system's 
back support surface for the child and the vertical shall not exceed 70 
degrees.''
    During a FMVSS No. 213 test, the child restraint is secured with a 
conventional seat belt to a standard specified passenger seat, which is 
mounted on a dynamic test sled. The sled is subjected to an 
acceleration equivalent to that experienced in a typical 30 mph frontal 
vehicle crash. This acceleration is commonly measured in units of g, 
each of which is equal to 32.174 feet per second squared (i.e., the 
acceleration of gravity). The shape of the curve depicting the g's over 
time during a dynamic test is referred to as the acceleration ``pulse'' 
of the sled.
    S6 of FMVSS No. 213 specifies the velocity change and acceleration 
conditions for dynamic tests of child restraints. The velocity change 
shall be 30 mph with the acceleration of the test sled entirely within 
the curve shown in figure 2 of the FMVSS No. 213.
    Depending on the type of sled and how the sled is calibrated, the 
magnitude of the peak acceleration and the duration of time the seat is 
subjected to the acceleration can vary. Even though the pulse 
differences in various sleds are usually very small and are recorded in 
increments of milliseconds (1/1,000 of a second), they can produce 
significantly different results. If a particular sled subjects the seat 
to higher peak g's or if the duration of time that g's are sustained is 
longer than that specified in FMVSS No. 213, then the sled test is 
considered to be a more ``severe'' test than that specified in FMVSS 
No. 213.
    FMVSS No. 213 has been revised, and the revised requirements are 
currently scheduled to take effect on September 1, 1996 (petitions for 
reconsideration are currently pending). Under the revised version of 
S7.1, a seat that is recommended by its manufacturer for use by 
children in a range up to 10 kg (22 pounds) is tested with a 
``newborn'' test dummy (7.5 pounds) and a 9-month-old test dummy (20-
pounds).
    The petitioner reported that when it tested Century Model 590 seats 
in the rearward-facing position with a 20-pound dummy at a speed of 
very slightly over 30 mph, with the seat mounted on the seat base, 
three of the seats tested exhibited fractures. In all three cases the 
base for the seat, which was belted onto the test sled with a 
conventional seat belt, fractured and the seat, which contained the 
dummy, was released from the base on one or both sides. This could 
create a serious problem, because in an actual collision the portion of 
the child restraint that holds the child could impact unfriendly 
portions of the vehicle's interior or allow the child to be ejected 
from the vehicle.
    Century submitted numerous test results, the majority of which were 
characterized as tests on ``Experimental'' seats. In some of the tests, 
a 17-pound dummy was used, although most used a 20-pound dummy. In the 
majority of the tests submitted, the seats passed FMVSS No. 213 
requirements, although there were isolated failures.
    One 1994 Model 590 seat was tested by the NHTSA Vehicle Research 
and Test Center (VRTC) in Marysville, Ohio, using a 17-pound dummy. 
Later tests also using a 17-pound dummy were conducted for NHTSA by 
Calspan Advanced Technology Center (Calspan), Buffalo, N.Y. In the test 
conducted in Marysville, Ohio (VRTC Test RCU-01--September 18, 1995) 
the base fractured on the right side and the seat back deflected more 
than the 70 degrees specified by FMVSS No. 213. However, the 
acceleration pulse curve fell slightly outside the pulse limits 
described in FMVSS No. 213.
    Later tests of two seats conducted for NHTSA at Calspan (December 
12, 1995) resulted in both seats passing the requirements of FMVSS No. 
213. (Unlike the September 18, 1995 tests, these were conducted in 
accordance with all FMVSS No. 213 test procedures.)
    Century reported that it had received no owner reports of failure 
in which the base cracked and a ``catastrophic separation'' of the 
safety seat from the base occurred. According to Century, this is the 
type of failure alleged in the CU petition. Century did, however, 
provide reports from owners and users of the subject seat who allege 
the seat separated from the base in collision situations.
    NHTSA has reviewed all reported cases of the safety seat separating 
from the base, including those where the base fractured and those where 
the base released without fracture. NHTSA has received 9 reports of the 
Century seat separating from the base in collision situations. Century 
reported 7 additional incidents, although Century maintains these 
incidents are not identical to the CU test failures. Of these 16 
reports, it is alleged that the base fractured in at least 5 of the 
collisions. In the other eleven collision reports, no information is 
included as to whether the base fractured or not. In 8 of the 16 
reports, the separation of the seat from the base occurred when the 
vehicle was struck on the side.
    In its petition, CU provided the agency with data indicating that 
the Century Model 590 seat may separate from its base when the 
acceleration or dummy weight exceeds the specifications of FMVSS No. 
213. However, the seat successfully passed the tests that were 
conducted in strict conformance with the test procedures of FMVSS No. 
213. It should be pointed

[[Page 10061]]
out that a review of tests involving the Century Model 590, in 
particular the VRTC test of September 18, 1995, suggests that the 
performance of some seats manufactured in 1994 may be marginal.
    When a safety standard establishes minimum performance requirements 
for motor vehicles or items of motor vehicle equipment through the use 
of specific values for particular parameters, as is the case here, 
NHTSA does not consider performance failures at higher levels to, in 
themselves, demonstrate that a safety-related defect exists. Moreover, 
NHTSA has consistently taken the position that the fact that a vehicle 
or item of equipment would not comply with a newly-issued, more 
stringent safety standard, which was not in effect on the date the 
vehicle or equipment was manufactured, does not constitute evidence 
that the vehicle or equipment is defective. Thus, given the fact that 
the Century Model 590 appears to satisfy the performance requirements 
of FMVSS No. 213 when tested with a 17-pound test dummy utilizing a 
conforming acceleration pulse, its performance with heavier dummies or 
at higher test speeds and accelerations does not indicate the existence 
of a safety defect.
    In consideration of the available information, there is no 
reasonable possibility that an order concerning the notification and 
remedy of a safety-related defect based on the petitioner's allegations 
would be issued at the conclusion of an investigation. Therefore, the 
petition has been denied. However, the information developed regarding 
the reported failures of Century Model 590 seats in actual vehicle 
collisions merits further analysis. NHTSA will, therefore, initiate a 
Preliminary Evaluation to further investigate the actual collision 
performance of this seat in side impact crashes, which are not covered 
by FMVSS No. 213 or any other Federal motor vehicle safety standard.

    Authority: 49 U.S.C. 30162(a); delegations of authority at 49 
CFR 1.50 and 501.8.

    Issued on: March 6, 1996.
Michael B. Brownlee,
Associate Administrator for Safety Assurance.
[FR Doc. 96-5801 Filed 3-7-96; 10:36 am]
BILLING CODE 4910-59-P