Motor vehicle safety standards; exemption petitions, etc.: Cosco, Inc.,

[Federal Register: July 22, 1998 (Volume 63, Number 140)]

[Notices]

[Page 39359-39360]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr22jy98-105]

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-4033; Notice 1]

Cosco, Inc.; Receipt of Application for Decision of Inconsequential Noncompliance

Cosco, Incorporated, of Columbus, Indiana, has determined that a number of child restraint systems fail to comply with 49 CFR 571.213, Federal Motor Vehicle Safety Standard (FMVSS) No. 213, ``Child Restraint Systems,'' and has filedan appropriate report pursuant to 49 CFR Part 573, ``Defects and Noncompliance Reports.'' Cosco has also applied to be exempted from the notification and remedy requirements of 49 U.S.C. Chapter 301--``Motor Vehicle

[[Page 39360]]

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 application.

FMVSS No. 213, S5.4.3.5(b), requires that after the dynamic buckle release test prescribed in S6.2 of the standard, any buckle in a child restraint system belt assembly designed to restrain a child using the system shall release when a force of not more than 71 Newtons (N) (16 pounds) is applied, provided that the conformance of any child restraint to this requirement is determined using the largest of the test dummies specified in S7 for use in testing that restraint when the restraint is facing forward, rearward, and/or laterally. Additionally, S5.4.3.5(d) requires that the buckle latch of a child restraint system shall not fail, nor gall or wear to an extent that normal latching and unlatching is impaired when tested in accordance with the buckle latch test requirements in S5.2(g) of FMVSS No. 209, ``Seat Belt Assemblies.''

Four Cosco Touriva T-shields, Model 02-096, were tested as part of the National Highway Traffic Safety Administration's (NHTSA) fiscal year (FY) 1996 child restraint testing program. When tested with the 3- year-old dummy in the upright position, the plunger pin of the buckle assembly was sheared, and the buckle released during the dynamic test. In a retest conducted using the same configuration, the post-test buckle release force exceeded 71 N (77.8 N, or 17.5 lb). Units tested with the infant dummy and with the 3-year-old dummy in the reclined position were in compliance. NHTSA notified Cosco of the test failures noted above, as documented in Calspan Report Number 213-CAL-96-013. In its own investigation, Cosco was able to obtain results in isolated tests similar to those in the FY96 NHTSA tests. Accordingly, Cosco has confirmed that it has manufactured and distributed a limited number of Touriva convertible child restraint systems that may not comply with the above requirements. The units potentially exhibiting noncompliance are those Touriva T-shield models manufactured from May 1, 1996, through November 26, 1997, as follows: Touriva Convertible Safe T- Shield, Full Wrap Fabric Cover (Model 02-084, 5/96 to 11/97, quantity: 11,018); Touriva Convertible Safe T-Shield, Partial Wrap Fabric Cover (Model 02-094, 5/96 to 11/97, quantity: 7,202); Touriva Convertible Safe T-Shield, Full Wrap Fabric Cover with Pillow (Model 02-096, 5/96 to 10/97, quantity: 1,411); Touriva Convertible Safe T-Shield, Partial Wrap Vinyl Cover (Model 02-404, 5/96 to 5/97, quantity: 682); Touriva Convertible Safe T-Shield, Partial Wrap Fabric Cover (Model 02-821, 5/ 96 to 11/97, quantity: 186,040).

Cosco supports its application for inconsequential noncompliance with the following:

Cosco was able to obtain units manufactured both on and near the dates in question as well as subsequent production units. After extensive in-house dynamic testing and analysis, units were sent to Calspan for testing. Cosco made repeated trips to Calspan in an attempt to understand and resolve this potential noncompliance. Cosco was able to obtain results in isolated tests similar to that of the FY96 NHTSA tests. Cosco was not able to attribute the potential noncompliance to the design or manufacture of any particular component. We ran dozens of in-house tests and spent hundreds of hours in an effort to determine the reason isolated units manufactured on or after 5/10/96 were inconsistently exhibiting high post-test buckle release pressure and shearing of the plunger pin. The results have been inconsistent. The T-shield units involved in NHTSA's FY97 test program tested successfully, but were of identical construction and design to those which failed the FY96 testing.

Since the Touriva T-shield models were first introduced in 1994, Cosco has required the vendor who is molding the housing and plunger pin and assembling the buckle assembly housing, spring and plunger pin to perform a pretest buckle release pressure on each assembly. No buckle assembly exhibiting a pretest buckle release pressure of over 13 lb nor under 10 lb has ever been used in the production of any Touriva convertible child restraint, including the T-shield units in question. In searching for possible explanations for the isolated deficiencies, Cosco made a material change to the housing of the buckle assembly and the material of the plunger pin. This material change has resulted in eliminating any potential noncompliance related to both the high post-test buckle release pressure and the shearing of the plunger pin, although the minimal differences in properties between the materials does not adequately or conclusively explain the test results. All T-shield units manufactured after November 27, 1997 have a housing manufactured using 30% glass filled nylon instead of ABS and a plunger pin using Delrin 100P versus Delrin 500. The T-shield units supplied for NHTSA FY98 testing had the new materials incorporated into the buckle assembly.

In its Part 573 Report to the agency, Cosco stated that it:

. . . does not believe that any defect or repeatedly discernable noncompliance exists with the subject child restraint * * * While a small percentage of the Calspan tests performed on the subject units did exhibit noncompliance results, a vast majority of identical child restraints manufactured during the same period produced complying test results. Cosco concludes from this testing and our exhaustive analysis of the subject child restraints and testing procedures that the noncompliance test results are not the result of the design, materials, or manufacturing processes involved in the production of the subject child restraints, but rather test variables and anomalies that are inherent in the 213 test procedures.

In the summary of its application for inconsequential noncompliance, Cosco stated that it ``does not believe the inconsistent deficiency exhibited by a few of the tested units warrants a recall.'' Cosco concluded that ``reasonable evaluation of the facts surrounding this technical noncompliance will result in the decision that no practical safety issue exists.''

Interested persons are invited to submit written data, views, and arguments on the application of Cosco 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 filedand 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: August 21, 1998.

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

Issued on: July 16, 1998. L. Robert Shelton, Associate Administrator for Safety Performance Standards.

[FR Doc. 98-19427Filed7-21-98; 8:45 am]

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