[Federal Register Volume 71, Number 241 (Friday, December 15, 2006)]
[Notices]
[Pages 75609-75610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21329]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-26283; Notice 1]


Britax Child Safety, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Britax Child Safety, Inc. (Britax) has determined that certain 
child restraint systems that it produced in 2006 do not comply with 
S5.1.1 of 49 CFR 571.213, Federal Motor Vehicle Safety Standard (FMVSS) 
No. 213, ``Child restraint systems.'' Britax has filed an appropriate 
report pursuant to 49 CFR Part 573, ``Defect and Noncompliance 
Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Britax has petitioned 
for an exemption from the notification and remedy requirements of 49 
U.S.C. Chapter 301 on the basis that this noncompliance is 
inconsequential to motor vehicle safety.
    This notice of receipt of Britax's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    Affected are a total of approximately 34,355 Britax Marathon Child 
Restraint Systems (models E9L06, E9W06, and E906) produced between May 
23 and July 28, 2006. S5.1.1 of FMVSS No. 213 requires that the child 
restraint system exhibit no complete separation of any load bearing 
structural element during dynamic testing. When the noncompliant child 
restraint systems were tested, the top tether hook opened and released 
from the top tether anchor. Britax has corrected the problem that 
caused these errors so that they will not be repeated in future 
production.
    Britax believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Britax 
states that the system has ``excellent biomechanical performance * * * 
even with the opening of the system's top tether hook.'' Britax says 
that the systems ``exceed expectation with head excursion well below 
the limit for products in which this performance is actually 
measured,'' even though the noncompliant systems are not required to 
meet head excursion limits. Britax also points out that there was a 
lower HIC and lower chest acceleration with the top tether hook open 
than when not open, and ``[t]hese results demonstrate that the opening 
of the top tether dissipates some of the occupant energy

[[Page 75610]]

and thereby reduc[es] overall biomechanical injury measures.''
    Britax concludes that the open top tether hook is inconsequential 
to the system working. Britax states, ``The biomechanical results and 
performance of the other structural components of the Marathon prove 
that the system [emphasis in original] does what is it intended to do--
that is, save children's lives.''
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods. Mail: Docket Management Facility, U.S. 
Department of Transportation, Nassif Building, Room PL-401, 400 Seventh 
Street, SW., Washington, DC, 20590-0001. Hand Delivery: Room PL-401 on 
the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC. It is requested, but not required, that two copies of 
the comments be provided. The Docket Section is open on weekdays from 
10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted 
electronically by logging onto the Docket Management System Web site at 
http://dms.dot.gov. Click on ``Help'' to obtain instructions for filing 
the document electronically. Comments may be faxed to 1-202-493-2251, 
or may be submitted to the Federal eRulemaking Portal: go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: January 16, 2007.

    Authority: (49 U.S.C. 30118, 30120: Delegations of authority at 
CFR 1.50 and 501.8).

    Issued on: December 11, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E6-21329 Filed 12-14-06; 8:45 am]
BILLING CODE 4910-59-P