[Federal Register Volume 67, Number 232 (Tuesday, December 3, 2002)]
[Notices]
[Page 72025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30521]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-13858; Notice 1]


Dorel Juvenile Group; Receipt of Application for Determination of 
Inconsequential Non-Compliance

    Dorel Juvenile Group [Cosco] (DJG), of Columbus, Indiana, failed to 
comply with S5.4.1(b) of Federal Motor Vehicle Safety Standard (FMVSS) 
No. 213, ``Child Restraint Systems,'' which incorporates S4.2(e) of 
FMVSS No. 209, ``Seat Belt Assemblies,'' and has filed an appropriate 
report pursuant to 49 CFR part 573, ``Defect and Noncompliance 
Reports.'' DJG 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 the 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.
    The following summarizes the DJG petition based upon information 
provided with the petition in accordance with the requirements of 49 
CFR part 556, ``Exemption for Inconsequential Defect or 
Noncompliance.''

Summary of the Petition

    On July 25, 2002, as a result of its fiscal year 2002 testing, 
NHTSA notified DJG, by telephone, of a potential noncompliance 
regarding DJG's gray harness webbing. The non-compliant webbing is 
identified as gray Wellington style N2216E2-917, lots numbered 
2063F, 2100F, and 2140D, used in child restraint harnesses that are 
manufactured by DJG (14 Models and 54,400 units). The manufactured 
dates for this webbing are from March 15, 2002 through August 1, 2002. 
DJG's original (before light exposure) harness webbing breaking 
strength, measured by NHTSA's FY 2002 compliance testing, was 2,780 
pounds, and after light exposure it was 1,020 pounds (a ratio of light 
exposed/original strength of 37%). Section 4.2(e) of FMVSS No. 209 
requires webbing after light exposure to have breaking strength of not 
less than 60% of its original breaking strength.
    DJG's independent testing at Veridian showed dynamic load range 
between 190 pounds and 322 pounds. DJG believes that its light exposed 
harness webbing breaking strength at 1,020 pounds far exceeds forces in 
dynamic crash testing by a factor of 3.1 to 6.8 times. DJG argues that 
without a minimum breaking strength requirement, webbing with much 
lower initial breaking strength could comply with the standard at much 
lower breaking strength than the DJG's 1,020 pounds as long as it 
retains 60 percent of the original webbing strength. DJG commented that 
while its webbing (made of nylon fabrics) was noncompliant when exposed 
to carbon arc light filtered by a Corex-D filter (tested according to 
the standard's requirements), the webbing was compliant when exposed to 
carbon arc light filtered by a soda-lime glass filter (specified by the 
standard for use only for polyester fabrics). DJG also commented that 
because the standard relies on carbon arc light for resistance to light 
testing, the method is obsolete. Therefore, DJG filed this petition on 
the basis that the noncompliance is inconsequential to motor vehicle 
safety.

Availability of the Petition and Other Documents

    The petition and other relevant information are available for 
public inspection in NHTSA Docket No. NHTSA-2002-13858. You may call 
the Docket at (202) 366-9324 or you may visit the Docket Management in 
Room PL-401, 400 Seventh Street, SW., Washington, DC 20590 (10 a.m. to 
5 p.m., Monday through Friday). You may also view the petition and 
other relevant information on the Internet. To do this, do the 
following:
    (1) Go to Docket Management System (DMS) Web page for the 
Department of Transportation (http://dms.dot.gov/search).
    (2) On the next page (http://dms.dot.gov/search/SearchFormSimple.cfm), type the docket number ``13858.'' After typing 
the docket number, click on ``search.''
    (3) On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments. You may 
download the comments and other materials.

Comments

    Interested persons are invited to submit written data, views and 
arguments on the petition of DJG 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 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 practicable. 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: January 2, 2003.

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

    Issued on: November 26, 2002.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 02-30521 Filed 12-2-02; 8:45 am]
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