[Federal Register Volume 62, Number 227 (Tuesday, November 25, 1997)]
[Notices]
[Pages 62799-62800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30905]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-97-3052; Notice 1]


Kolcraft Enterprises, Inc.; Receipt of Application for Decision 
of Inconsequential Noncompliance

    Kolcraft Enterprises of Chicago, Illinois, has determined that 
approximately 107,000 child restraint systems fail to comply with 49 
CFR 571.213, Federal Motor Vehicle Safety Standard (FMVSS) No. 213, 
``Child Restraint Systems,'' and has filed an appropriate report 
pursuant to 49 CFR Part 573, ``Defects and Noncompliance Reports.'' 
Kolcraft has also petitioned 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 as it relates to 
motor vehicle safety.
    This notice of receipt of a petition 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 petition.
    FMVSS No. 213, Paragraph S5.7 requires that each material used in a 
child restraint system shall conform to the requirements of S4 of FMVSS 
No. 302, ``Flammability of Interior Materials.'' This requires that any 
material that does not adhere to other material(s) at every point of 
contact shall meet the burn rate requirements of S4.3 when tested 
separately. Materials are to be tested as a composite only if the 
material adheres to other material(s) at every point of contact.
    At issue in this petition are seat covers on certain models of 
Kolcraft child restraints that do not meet the flammability 
requirements of FMVSS Nos. 213 and 302. The Kolcraft child restraints 
affected and the dates of production are as follows: Plus 4, Infant 
Rider (Models 36822-HY and 13x22-HY; 1/96 to 4/97); Plus 4, Infant 
Rider (Models 36820-LM and 13822-LM; 2/96 to 4/97); Plus 4, Travel-
About, Infant Rider (Models 36820-RF and 138x2-RF; 3/96 to 4/97); Plus 
4, Plus 5, Infant Rider, Travel-About (Models 368xx-SE and 13xx2-SE; 2/
96 to 12/96); Rock n' Ride (Model 13100-PJ; 1/96 to 5/97; no longer in 
production); and Performa (Model 23305-TU; 3/96 to 10/96). The seat 
covers are constructed either of fabric, fiberfill and backing (scrim) 
or of vinyl, foam, and vinyl backing. In each of the affected models, 
one or more of the filling, face, or backing materials exceeded the 4 
inches per minute burn rate when tested in accordance with S5 of FMVSS 
No. 302. Kolcraft estimates that about 107,000 child restraints 
potentially contain the non-compliant materials.
    Kolcraft supports its application for inconsequential noncompliance 
with the following:

    Kolcraft tested all potentially affected child restraint seat 
covers in the composite state and disaggregated state, and confirmed 
that all seat covers comply with the flammability standards of FMVSS 
No. 302 when tested in the composite state (as incorporated into 
FMVSS No. 213). Kolcraft also found that all potentially affected 
child restraint seat covers passed the cigarette burn test contained 
in California Technical Bulletin 116 when tested in the composite 
state.
    Kolcraft maintains that the construction of the potentially 
affected seat covers makes it very unlikely that the various layers 
of its child restraint seat covers would ever be exposed to fire 
separately. The layers of fabric are securely bonded or sewn 
together around the entire perimeter of the seat cover and other 
areas. Kolcraft contends that it is unlikely that a large section of 
the fabric would be torn away, and extremely remote that that 
particular portion would be exposed to a potential ignition source. 
The most common source of ignition, and the source that FMVSS No. 
302 is primarily designed to protect against, is a lighted 
cigarette. As stated above, all of Kolcraft's child restraints 
passed the cigarette burn test contained in California Technical 
Bulletin 116.
    Kolcraft also contends that the frequency of incidents involving 
nonconforming materials or equipment should be a factor in 
determining whether noncompliance has an impact on safety. Kolcraft 
notes that, to their knowledge, there has not been one incident of a 
child injured by a fire that originated in a child restraint in the 
last 19 years.
    Based on the above factors, Kolcraft contends that their child 
restraint seat pads--by virtue of complying with the flammability 
requirements of FMVSS No. 302 when tested in the composite state and 
by passing the cigarette burn test contained in California Technical 
Bulletin 116--comply with the purpose and intent of FMVSS Nos. 213 
and 302, and therefore, their noncompliance is inconsequential as it 
relates to motor vehicle safety.

    Interested persons are invited to submit written data, views, and 
arguments on the application of Kolcraft 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

[[Page 62800]]

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: December 26, 1997.

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

    Issued on: November 20, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-30905 Filed 11-24-97; 8:45 am]
BILLING CODE 4910-59-P