[Federal Register Volume 68, Number 144 (Monday, July 28, 2003)]
[Notices]
[Page 44383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19152]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-13014; Notice 2]


Dorel Juvenile Group; Denial of Application for Decision of 
Inconsequential Noncompliance

    Dorel Juvenile Group [Cosco] (DJG), of Columbus, Indiana, failed to 
comply with S5.1.1(a) of Federal Motor Vehicle Safety Standard (FMVSS) 
No. 213, ``Child Restraint Systems,'' and 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.
    Notice of receipt of the application was published on September 5, 
2002, in the Federal Register (67 FR 56872), with a 30-day comment 
period. NHTSA received no comments.
    The noncompliance reported by DJG is the separation of the tether 
strap and steel belt slot adjustment channel from the Cosco Alpha Omega 
child restraint system (CRS) seat shell produced from November 1, 2000 
through January 10, 2001 (6 Models and 86,476 units).
    FMVSS No. 213, S5.1.1 ``Performance Requirements,'' requires for 
dynamic performance that:
    S5.1.1. Child restraint system integrity. When tested in accordance 
with S6.1 each child restraint system shall meet the requirements of 
paragraphs (a) * * * of this section.
    (a) Exhibit no complete separation of any load bearing structural 
element * * *.
    DJG supports its application for inconsequential noncompliance with 
the following, as summarized by NHTSA.
    DJG does not think that tether separation during sled test 
constitutes a complete separation of a load bearing structural element. 
DJG believes that the regulatory history of S5.1.1 shows that the 
purpose of the requirement is to reduce the likelihood of injury during 
collapse or disintegration of the system; therefore, the cutting of the 
tether strap does not present a risk of collapse or disintegration. DJG 
states that the agency's compliance test data show tether separation of 
the Alpha Omega CRS under dynamic loading provides significantly 
improved results compared to other Alpha Omega CRS without tether 
separation under dynamic loading. Therefore, DJG filed this petition on 
the basis that the noncompliance is inconsequential to motor vehicle 
safety.
    The agency has reviewed DJG's application and concluded that the 
noncompliance is not inconsequential to motor vehicle safety for the 
following reasons.
    First, even though the Alpha Omega CRS met other dynamic test 
requirements, it did not meet S5.1.1(a) when the tether strap separated 
from the CRS. The agency has consistently viewed tether strap 
separation as a load bearing structural failure.
    Second, structural failure is similar to vehicle LATCH anchorage 
failure--a failure of either one causes a child seat to be restrained 
improperly.
    Finally, the agency has taken enforcement action for a similar 
failure. In 2001, the agency notified Britax Child Safety, Inc 
(Britax), of a potential noncompliance due to the detachment of a 
tether strap during dynamic testing of one of its child restraint 
models. Britax initiated a recall campaign to provide owners of the 
affected model with repair kits.
    In consideration of the foregoing, NHTSA has decided that DJG has 
not met its burden of persuasion that the noncompliance it describes is 
inconsequential to motor vehicle safety. Accordingly, DJG's application 
is hereby denied. Therefore, DJG must fulfill its obligation to notify 
and remedy under 49 U.S.C. 30118(d) and 30120(h).

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

    Issued on: July 22, 2003.
Roger A. Saul,
Director, Office of Crashworthiness Standards.
[FR Doc. 03-19152 Filed 7-25-03; 8:45 am]
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