[Federal Register Volume 65, Number 21 (Tuesday, February 1, 2000)]
[Notices]
[Pages 4862-4863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2129]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2000-6729; Notice 1]


Kolcraft Enterprises, Inc.; Receipt of Application for Decision 
of Inconsequential Noncompliance

    Kolcraft Enterprises of Chicago, Illinois, has determined that 
27,624 child restraint systems fail to comply with 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.'' Kolcraft has also applied to be 
exempted from the notification and remedy requirements of 49 U.S.C. 
Chapter 301--``Motor Vehicle 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 petition.
    FMVSS No. 213, S5.5.2(j) requires each child restraint system 
equipped with an anchorage strap to include the following statement on 
a permanent label:

    Secure the top anchorage strap provided with this child 
restraint as specified in the manufacturer's instructions.

    Kolcraft has determined that certain child restraints it 
manufactured have been shipped without the label required by S5.5.2(j). 
The child restraints containing the noncompliance are Performa and 
Automate model convertible child restraints equipped with tether straps 
that were both manufactured and shipped before November 19, 1999. 
Kolcraft has shipped 27,484 Performas and 140 Automates with tether 
straps and without the statement required by the standard. When 
Kolcraft discovered the noncompliance, it stopped shipment until the 
restraints in inventory could be labeled with the required statement. 
Thus, some restraints that were manufactured before November 19, 1999 
are in compliance because they were labeled before shipment at the 
plant.
    Kolcraft supports its application for inconsequential 
noncompliance with the following:

    Kolcraft inadvertently overlooked this provision when it was 
redesigning its restraints to include anchorage straps, because 
Kolcraft relied on the changes made in the March 5, 1999 final rule 
regarding tether anchorage straps to identify the changed 
performance requirements. Since S5.5.2(j) was already in the 
standard, and not changed by the March 5, 1999 final rule, the 
labeling requirement was overlooked by Kolcraft until a routine 
compliance verification test identified the missing language.
    Kolcraft did, however, permanently label the tether anchorage 
strap itself on all of the affected restraints with language warning 
of the safety risk of improper installation. The label reads: 
``Failure to properly adjust and secure tether to correctly 
installed tether anchor can result in serious injury or death. Only 
use with a vehicle tether anchor installed by dealer or factory.'' 
And, the instruction manual of each affected restraint includes full 
instructions for proper tether attachment.
    Kolcraft believes that the noncompliance here should be found to 
be inconsequential because the safety goal of the labeling 
requirement has been satisfied by the language on the tether strap 
itself. Any person attempting to attach a tether strap to an 
anchorage will see the language emphasizing the need for proper 
installation, because the language is permanently labeled on the 
strap itself.
    Kolcraft does not question the value of notifying consumers to 
check the instruction manual. Under these circumstances, however, 
where the substance of the notification requirement is achieved, 
located

[[Page 4863]]

on a place on the product where it is likely to be seen by the 
consumer, the noncompliance does not present a consequential risk to 
motor vehicle safety. Kolcraft respectfully requests that NHTSA 
grant its petition for exemption.

    Interested persons are invited to submit written data, views, and 
arguments on the application of Kolcraft 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: March 2, 2000.

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

    Issued on: January 27, 2000.
Stephen R. Kratzke,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 00-2129 Filed 1-31-00; 8:45 am]
BILLING CODE 4910-59-P