[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]
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