[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Notices]
[Pages 24585-24587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11783]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-97-3052; Notice 2]


Kolcraft Enterprises, Inc.; Grant 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 
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 
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, with a 30-day 
comment period, on November 25, 1997, in the

[[Page 24586]]

Federal Register (62 FR 59755). NHTSA received no comments.
    FMVSS No. 213, paragraph S5.7, requires that each material used in 
a child restraint system shall conform to S4 of FMVSS No. 302, 
``Flammability of Interior Materials.'' This specifies 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.
    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 
its 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 its 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, the noncompliance is inconsequential to motor 
vehicle safety.
    The agency has reviewed Kolcraft's application and has determined 
that the noncompliance is inconsequential to motor vehicle safety. 
NHTSA agrees with Kolcraft that the noncompliant seat covers are 
unlikely to pose a flammability risk when they are securely sewn to the 
seat, which is the normal condition for these seats.
    Kolcraft supported this point by performing flammability testing 
under two conditions: first on the seat and cover as a composite, i.e., 
as it exists on a child seat with the items sewn together; and second, 
by performing the cigarette burn test contained in California Technical 
Bulletin 116 on the seat covers in the composite state. In both cases, 
the seat cover burned at a rate below the four inches per minute 
maximum set out in FMVSS No. 302.
    The agency granted an application for inconsequential noncompliance 
submitted by Century Products Co. (60 FR 41148) in which the 
circumstances were identical to those in this application. The granting 
of Century's application was based, in part, on the agency's decision 
to grant a petition for inconsequential noncompliance submitted by 
PACCAR (57 FR 45868) in which the circumstances were similar to those 
presented in the Century, and now, Kolcraft application. PACCAR 
manufactures mattresses for the sleeper areas of certain truck 
tractors. A small portion of the material used in the construction of 
the mattresses, and subject to the requirements of FMVSS No. 302, 
failed the burn rate test. The agency determined that ignition of the 
noncompliant material was unlikely and, due to the small volume of the 
material, would not pose the threat of a serious fire if ignited. As a 
result of this analysis, the PACCAR petition was granted.
    The circumstances here are similar to those in which the agency 
granted a petition for inconsequentiality by General Motors in 
connection with a noncompliance of the upper beam indicator, 56 FR 
33323 (1991). The indicator was noncompliant only when the cigarette 
lighter was operating. The agency determined that the possibility of 
the upper beams being operated simultaneously with the cigarette 
lighter posed a very limited safety hazard. Similarly, it is unlikely 
that the various layers of the child restraint seat covers large enough 
to cause serious burn injuries would be separated from the remainder of 
the seat cover. Further, even if a large section of the seat cover was 
torn away, NHTSA considers the possibility that this material would be 
exposed to a potential ignition source to be extremely remote.
    Although it is possible that fuel-fed fires from vehicle crashes 
could consume a vehicle's interior, the flammability of the seat cover 
materials would be irrelevant to the severity of such a fire and to the 
potential injuries incurred by a child.
    NHTSA's evaluation of the consequentiality of this noncompliance 
should not be interpreted as a diminution of the agency's concern for 
child safety. Rather, it represents NHTSA's assessment of the gravity 
of the noncompliance based upon the likely consequences. Ultimately, 
the issue is whether this particular noncompliance is likely to 
increase the risk to safety. Although empirical results are not 
determinative, the absence of any reports of fires originating in these 
child restraints supports the agency's decision that the noncompliance 
does not have a consequential effect on safety.
    For the above reasons, the agency has determined that Kolcraft has 
met its burden of persuasion that the noncompliance at issue here is 
inconsequential to motor vehicle safety and its application is granted. 
Accordingly, Kolcraft is hereby exempted from the notification and 
remedy provisions of 49 U.S.C. 30118 and 30120.

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


[[Page 24587]]


    Issued on: April 27, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-11783 Filed 5-1-98; 8:45 am]
BILLING CODE 4910-59-P