[Federal Register Volume 67, Number 96 (Friday, May 17, 2002)]
[Notices]
[Pages 35188-35189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12426]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-02-12087; Notice 1]


Century Products; Receipt of Application for Decision of 
Inconsequential Noncompliance

    Century Products, a Division of Graco Children's Products, Inc. 
(``Century Products'' and ``Graco''), of Macedonia, Ohio, has 
determined that as many as 185,175 child restraints may fail to comply 
with 49 CFR 571.213, Federal Motor Vehicle Safety Standard (FMVSS) No. 
213, ``Child Restraint Systems,'' and has filed appropriate reports 
pursuant to 49 CFR part 573, ``Defects and Noncompliance Reports.'' 
Century Products 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 
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, Paragraph S5.1.1, states that when a child restraint 
system is tested in accordance with S6.1, it shall ``exhibit no 
complete separation of any load bearing structural element and no 
partial separation exposing either surfaces with a radius of less than 
1/4 inch or surfaces with protrusions greater than 3/8 inch above the 
immediate adjacent surrounding contactable surface of any structural 
element of the system.''
    In its part 573 Defect and Noncompliance Report filed with the 
agency on December 11, 2001, Century Products states ``On December 5, 
2001, Century Products * * * decided that a noncompliance with Federal 
Motor Vehicle Safety Standard No. 213 exists in * * * certain * * * 
``Celestia'' model infant car seats manufactured by Century Products * 
* *'' The Celestia infant seat is sold with a detachable base that may 
be used to permit a fixed installation into the vehicle, allowing the 
child seat to be taken in and out of the vehicle without having to do a 
new installation each time. The Celestia infant seat can also be used 
without the detachable base. Century Products has identified 185,175 
Celestia infant car seats manufactured between January 1, 2000 and 
December 6, 2001 that may contain this noncompliance. In its 
Application for Decision of Inconsequential Noncompliance, Century 
Products states that it:

has discovered variations in the plastic molding process during the 
manufacture of the plastic shell of the carrier portion (not the 
base) of the Subject Products, which can result in a void in the 
shell wall. This void may cause shell wall separation during the 
dynamic crash test specified by FMVSS No. 213 when the base is not 
used, rendering the seat noncompliant * * * There is no 
noncompliance when the car seat is installed in the vehicle with the 
base.

    In its part 573 Report, Century Products states that:

    Graco conducted a dynamic crash test audit of its Celestia 
infant car seats on December 4, 2001. Graco tested (ten) 10 Celestia 
infant car seats without the base, randomly taken from inventory. 
Four (4) of the ten (10) units exhibited wall separation and the 
presence of a void at the initiation point of the separation. As a 
result of this audit testing, Graco determined that a noncompliance 
existed.

    Century Products believes that the FMVSS No. 213 noncompliance 
described above is inconsequential to motor vehicle safety. Century 
Products supports its application for inconsequential noncompliance 
with the following:

    The risk of injury resulting from the wall separation during the 
dynamic crash test is inconsequential for several reasons. First, 
the shell wall separation does not affect, increase, or adversely 
influence the seat back angle. Thus, the restraint systems comply 
with FMVSS 213 S5.1.4, which provides that ``[w]hen a rear-facing 
child restraint system is tested in accordance with S6.1, the angle 
between the system's back support surface for the child and the 
vertical shall not exceed 70 degrees.''
    Second, all portions of the test dummy's torso were retained 
within the system and all other requirements regarding target points 
on either side of the dummy's head comply with FMVSS 213 S5.1.3.2.
    Third, the infant shell remained securely attached to the lap 
belt during testing. The separation did not contribute to any 
degradation in the ability of the vehicle belt to retain the infant 
seat in its original position.
    Fourth, the shell wall separation did not create an opening that 
contributes to the pinching, shearing, or scissoring of fingers, 
toes, or limbs or any other body part of either the occupant or an 
adjacent child seated next to the infant seat. The seat pad also 
acts as a mechanism to keep the occupant from contacting the 
separated area.
    Fifth, the shell wall separation occurs at relatively high 
energy levels, with the separation occurring late in the application 
of energy of the crash test (as revealed by Century Products' review 
of the flexing of the infant shell wall). Few motor vehicle 
accidents occur at the maximum energy levels of the dynamic crash 
test. The possibility of a wall separation occurring in the field 
therefore is remote.
    Sixth, the shell wall separation occurs only in a high stress 
area on the shell when the shell is used without the base. When the 
shell is used with the base, the area in question experiences no 
significant stress. All of the subject products were sold with a 
stay-in-the-car base. The base is the most predominately used mode 
with the infant shell due to its convenience of removing the carrier 
from the vehicle.
    Seventh, in the approximately 18 months that the infant shell 
has been in use in the subject products, there have been no reports 
of any incidents or complaints regarding the wall separation on the 
shell.
    Eighth, product owners are advised in the accompanying 
literature that the seat should be discarded following a crash. In 
addition, it is a well-known industry practice to discontinue using 
a child restraint after it has experienced a crash. Thus, there is 
little risk

[[Page 35189]]

of injury from the wall separation during a subsequent incident.
    Based on the above, Century Products believes that a child 
subjected to a crash will be fully protected as required by FMVSS 
213. Under the circumstances as set forth above, Century Products 
believes that the noncompliance is inconsequential as it relates to 
motor vehicle safety. Accordingly, Century Products respectfully 
requests that it be exempt from the notice and remedy procedures of 
the Safety Act.

    Interested persons are invited to submit written data, views, and 
arguments on the applications of Century Products 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: June 17, 2002.

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


    Issued on: May 13, 2002.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 02-12426 Filed 5-16-02; 8:45 am]
BILLING CODE 4910-59-P