[Federal Register Volume 63, Number 140 (Wednesday, July 22, 1998)]
[Notices]
[Pages 39359-39360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19427]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4033; Notice 1]


Cosco, Inc.; Receipt of Application for Decision of 
Inconsequential Noncompliance

    Cosco, Incorporated, of Columbus, Indiana, has determined that a 
number of child restraint systems fail to comply with 49 CFR 571.213, 
Federal Motor Vehicle Safety Standard (FMVSS) No. 213, ``Child 
Restraint Systems,'' and has filed an appropriate report pursuant to 49 
CFR Part 573, ``Defects and Noncompliance Reports.'' Cosco has also 
applied to be exempted from the notification and remedy requirements of 
49 U.S.C. Chapter 301--``Motor Vehicle

[[Page 39360]]

Safety'' on the basis that the noncompliance is inconsequential to 
motor vehicle safety.
    This notice of receipt of an application is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgement concerning the merits of the application.
    FMVSS No. 213, S5.4.3.5(b), requires that after the dynamic buckle 
release test prescribed in S6.2 of the standard, any buckle in a child 
restraint system belt assembly designed to restrain a child using the 
system shall release when a force of not more than 71 Newtons (N) (16 
pounds) is applied, provided that the conformance of any child 
restraint to this requirement is determined using the largest of the 
test dummies specified in S7 for use in testing that restraint when the 
restraint is facing forward, rearward, and/or laterally. Additionally, 
S5.4.3.5(d) requires that the buckle latch of a child restraint system 
shall not fail, nor gall or wear to an extent that normal latching and 
unlatching is impaired when tested in accordance with the buckle latch 
test requirements in S5.2(g) of FMVSS No. 209, ``Seat Belt 
Assemblies.''
    Four Cosco Touriva T-shields, Model 02-096, were tested as part of 
the National Highway Traffic Safety Administration's (NHTSA) fiscal 
year (FY) 1996 child restraint testing program. When tested with the 3-
year-old dummy in the upright position, the plunger pin of the buckle 
assembly was sheared, and the buckle released during the dynamic test. 
In a retest conducted using the same configuration, the post-test 
buckle release force exceeded 71 N (77.8 N, or 17.5 lb). Units tested 
with the infant dummy and with the 3-year-old dummy in the reclined 
position were in compliance. NHTSA notified Cosco of the test failures 
noted above, as documented in Calspan Report Number 213-CAL-96-013. In 
its own investigation, Cosco was able to obtain results in isolated 
tests similar to those in the FY96 NHTSA tests. Accordingly, Cosco has 
confirmed that it has manufactured and distributed a limited number of 
Touriva convertible child restraint systems that may not comply with 
the above requirements. The units potentially exhibiting noncompliance 
are those Touriva T-shield models manufactured from May 1, 1996, 
through November 26, 1997, as follows: Touriva Convertible Safe T-
Shield, Full Wrap Fabric Cover (Model 02-084, 5/96 to 11/97, quantity: 
11,018); Touriva Convertible Safe T-Shield, Partial Wrap Fabric Cover 
(Model 02-094, 5/96 to 11/97, quantity: 7,202); Touriva Convertible 
Safe T-Shield, Full Wrap Fabric Cover with Pillow (Model 02-096, 5/96 
to 10/97, quantity: 1,411); Touriva Convertible Safe T-Shield, Partial 
Wrap Vinyl Cover (Model 02-404, 5/96 to 5/97, quantity: 682); Touriva 
Convertible Safe T-Shield, Partial Wrap Fabric Cover (Model 02-821, 5/
96 to 11/97, quantity: 186,040).
    Cosco supports its application for inconsequential noncompliance 
with the following:

    Cosco was able to obtain units manufactured both on and near the 
dates in question as well as subsequent production units. After 
extensive in-house dynamic testing and analysis, units were sent to 
Calspan for testing. Cosco made repeated trips to Calspan in an 
attempt to understand and resolve this potential noncompliance. 
Cosco was able to obtain results in isolated tests similar to that 
of the FY96 NHTSA tests. Cosco was not able to attribute the 
potential noncompliance to the design or manufacture of any 
particular component. We ran dozens of in-house tests and spent 
hundreds of hours in an effort to determine the reason isolated 
units manufactured on or after 5/10/96 were inconsistently 
exhibiting high post-test buckle release pressure and shearing of 
the plunger pin. The results have been inconsistent. The T-shield 
units involved in NHTSA's FY97 test program tested successfully, but 
were of identical construction and design to those which failed the 
FY96 testing.
    Since the Touriva T-shield models were first introduced in 1994, 
Cosco has required the vendor who is molding the housing and plunger 
pin and assembling the buckle assembly housing, spring and plunger 
pin to perform a pretest buckle release pressure on each assembly. 
No buckle assembly exhibiting a pretest buckle release pressure of 
over 13 lb nor under 10 lb has ever been used in the production of 
any Touriva convertible child restraint, including the T-shield 
units in question. In searching for possible explanations for the 
isolated deficiencies, Cosco made a material change to the housing 
of the buckle assembly and the material of the plunger pin. This 
material change has resulted in eliminating any potential 
noncompliance related to both the high post-test buckle release 
pressure and the shearing of the plunger pin, although the minimal 
differences in properties between the materials does not adequately 
or conclusively explain the test results. All T-shield units 
manufactured after November 27, 1997 have a housing manufactured 
using 30% glass filled nylon instead of ABS and a plunger pin using 
Delrin 100P versus Delrin 500. The T-shield units supplied for NHTSA 
FY98 testing had the new materials incorporated into the buckle 
assembly.

    In its Part 573 Report to the agency, Cosco stated that it:

    . . . does not believe that any defect or repeatedly discernable 
noncompliance exists with the subject child restraint * * * While a 
small percentage of the Calspan tests performed on the subject units 
did exhibit noncompliance results, a vast majority of identical 
child restraints manufactured during the same period produced 
complying test results. Cosco concludes from this testing and our 
exhaustive analysis of the subject child restraints and testing 
procedures that the noncompliance test results are not the result of 
the design, materials, or manufacturing processes involved in the 
production of the subject child restraints, but rather test 
variables and anomalies that are inherent in the 213 test 
procedures.

    In the summary of its application for inconsequential 
noncompliance, Cosco stated that it ``does not believe the inconsistent 
deficiency exhibited by a few of the tested units warrants a recall.'' 
Cosco concluded that ``reasonable evaluation of the facts surrounding 
this technical noncompliance will result in the decision that no 
practical safety issue exists.''
    Interested persons are invited to submit written data, views, and 
arguments on the application of Cosco described above. Comments should 
refer to the docket number and be submitted to: U.S. Department of 
Transportation Docket Management, Room PL-401, 400 Seventh Street, SW, 
Washington, DC 20590. It is requested, but not required, that two 
copies be submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: August 21, 1998.

(49 U.S.C. 30118 and 30120; delegations of authority at 49 CFR 1.50 
and 501.8)

    Issued on: July 16, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-19427 Filed 7-21-98; 8:45 am]
BILLING CODE 4910-59-P