[Federal Register Volume 63, Number 75 (Monday, April 20, 1998)]
[Proposed Rules]
[Pages 19467-19468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10299]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571


Federal Motor Vehicle Safety Standards; Child Restraint Systems; 
Denial of Petition for Rulemaking

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Denial of petition for rulemaking.

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SUMMARY: This document denies a petition for rulemaking from The 
Booster Seat Company Ltd., Hamilton, New Zealand, requesting that NHTSA 
amend the structural integrity requirement of its Federal motor vehicle 
safety standard on child restraint systems so as to allow its product, 
a belt-positioning booster seat made entirely of polystyrene, to be 
manufactured and sold in the United States. The petitioner believes

[[Page 19468]]

polystyrene has ``superior cushioning qualities'' compared to a blow 
molded plastic, yet acknowledges that the material may fracture or 
crack in a crash. This potential would make it likely that a 
polystyrene child seat would fail the structural integrity requirement 
in a compliance test. NHTSA is denying the petition because the loss of 
structural integrity of a restraint could negatively affect the 
performance of the system by allowing injurious forces to be imposed on 
the child occupant. Further, because damage to polystyrene may not be 
easily detected, there is a concern that consumers could mistakenly use 
damaged polystyrene seats, putting the child occupant at risk. Not 
enough is known about these potential concerns to warrant reducing the 
system integrity requirement as requested.

FOR FURTHER INFORMATION CONTACT:
    For nonlegal issues: Dr. George Mouchahoir, Office of Vehicle 
Safety Standards (telephone 202-366-4919).
    For legal issues: Deirdre Fujita, Office of the Chief Counsel (202-
366-2992). Both can be reached at the National Highway Traffic Safety 
Administration, 400 Seventh St., S.W., Washington, D.C., 20590.

SUPPLEMENTARY INFORMATION: Section S5.1.1 of Federal Motor Vehicle 
Safety Standard No. 213, ``Child Restraint Systems'' (49 CFR 
Sec. 571.213), sets forth requirements for child restraint system 
integrity. Section S5.1.1(a) states that when dynamically tested, each 
child restraint shall:

    Exhibit no complete separation of any load bearing structural 
element and no partial separation exposing either surfaces with a 
radius of less than 1/4 inch or surfaces with protrusions greater 
than 3/8 inch above the immediate adjacent surrounding contactable 
surface of any structural element of the system. * * *

    On August 5, 1996, Mr. John Lord of The Booster Seat Company of 
Hamilton, New Zealand, petitioned NHTSA to amend S5.1.1(a) to permit 
fractures or cracks in belt-positioning booster seats that are made 
from polystyrene. The petitioner believes polystyrene has ``superior 
cushioning qualities'' compared to blow molded plastic, yet 
acknowledges that ``by nature of the material'' may fracture or crack 
in a manner prohibited by the system integrity requirement of 
S5.1.1(a). The petitioner did not believe the edges would harm by 
``pinching, cutting or stabbing the child'' because with polystyrene, 
``[b]y nature, all cracked edges are soft.'' The petitioner suggested 
that NHTSA should amend S5.1.1.(a) for belt-positioning seats, to allow 
for separation of the structural elements so long as a sharpness limit 
is met for the edges formed by the separation.
    NHTSA is denying the petition because the structural integrity 
requirement addresses more than the sharpness of exposed edges formed 
by a separation of materials. The requirement ensures the structural 
soundness of a restraint in a crash. Structural soundness in a crash is 
important for maintaining the proper positioning of the child. A belt-
positioning booster seat lifts the child so that the vehicle shoulder 
belt is positioned on the child's shoulder and away from the face and 
neck and the lap belt is across the child's hips and off of the 
abdomen. A loss of structural integrity of a booster seat during impact 
can result in the repositioning of the child in relation to the belts. 
If the belts were to be repositioned on the child's neck or abdomen, 
high forces could be imposed on those vulnerable regions, resulting in 
injury. Because neck and abdominal loading are not measured by the 3-
year-old and 6-year-old dummies used in Standard 213's compliance tests 
to evaluate booster seats, a booster seat could meet the standard's 
performance criteria (aside from the integrity requirement) and still 
pose a safety risk for children.
    It is also noted that revising S5.1.1(a) as the petitioner 
suggested may also affect the structural soundness of a restraint over 
the long term. A polystyrene child seat could easily be penetrated by 
sharp objects and cracked or fractured during use in a vehicle or 
during ordinary handling. Once a crack has formed in the material, it 
may quickly propagate due to the nature of the material, so that a 
child seat could be easily snapped apart along a crack line. This 
damage and degradation of the material could significantly reduce the 
performance of the restraint. Further, fractures in the polystyrene are 
not easily seen. The material itself appears pocketed and lined with 
tiny fissures, and crack lines due to material failure may not be 
obvious. Not enough is known at this time about these potential 
concerns to warrant reducing the system integrity requirements of the 
standard as requested.
    In accordance with 49 CFR part 552, this completes the agency's 
review of the petition. The agency has concluded that there is no 
reasonable possibility that the amendment requested by the petitioner 
would be issued at the conclusion of the rulemaking proceeding. 
Accordingly, the petition is denied.

    Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166; 
delegation of authority at 49 CFR 1.50.

    Issued on April 14, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-10299 Filed 4-17-98; 8:45 am]
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