[Federal Register Volume 60, Number 64 (Tuesday, April 4, 1995)]
[Notices]
[Page 17095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8232]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 93-80; Notice 2]


Babyhood Manufacturing, Inc.; Mootness of Petition for 
Determination of Inconsequential Noncompliance

    Babyhood Manufacturing, Inc. (Babyhood) of Shrewsbury, 
Massachusetts determined that some of its child safety seats failed to 
comply with the buckle release force requirements of 49 CFR 571.213, 
``Child Restraint Systems,'' Federal Motor Vehicle Safety Standard 
(FMVSS) No. 213, and filed an appropriate report pursuant to 49 CFR 
part 573, ``Defect and Noncompliance Reports''. Babyhood also 
petitioned to be exempted from the notification and remedy requirements 
of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et 
seq.) on the basis that the noncompliance was inconsequential as it 
relates to motor vehicle safety.
    Notice of receipt of the petition was published on November 4, 
1993, and an opportunity afforded for comment (58 FR 58895). No 
comments were received on the petition. This notice announces that the 
petition has been mooted by Babyhood's decision to notify and remedy 
according to the statutory requirements.
    Paragraph S5.4.3.5 of FMVSS No. 213 requires in pertinent part that

    [A]ny buckle in a child restraint system belt assembly designed 
to restrain a child using the system shall: (a) when tested in 
accordance with S6.2.1 prior to the dynamic test * * * shall release 
when a force of not more than 14 pounds is applied;
    (b) [A]fter the dynamic test of S6.1, when tested in accordance 
with S6.2.3, release when a force of not more than 16 pounds is 
applied.

    Between January 31, 1992 and June 30, 1993, Babyhood produced 
approximately 3,100 child restraint seats, with shoulder harness straps 
that do not comply with the buckle release requirements of FMVSS No. 
213. When four Babyhood child restraint seats were tested by the 
Calspan Corporation for NHTSA, two of the four units required forces of 
14.3 and 15.9 pounds to release the buckle, thus failing the 
requirement specified in S5.4.3.5(a) of the standard. The other two 
complied. Babyhood performed subsequent tests on buckles it had in 
inventory and found that approximately 25 percent of the buckles 
required release forces of over 14 pounds. These belts all complied 
with the maximum release force requirement of 16 pounds after the test.
    Subsequent to the close of the comment period on Babyhood's 
petition, Calspan conducted additional tests on the buckles in 
question. These showed pre- and post-impact release forces up to 16.8 
and 18.2 pounds, far exceeding the 14 and 16 pound maxima. Partial 
engagement tests of the buckle were conducted by Detroit Testing 
Laboratory, and the 5-pound maximum force limit was exceeded in these 
tests as well. Accordingly, on February 6, 1995, Babyhood submitted a 
further Part 573 Report in which it agreed to conduct a notification 
and remedy campaign covering the 3,100 seats in question. Thus, the 
Administrator has no reason to consider further Babyhood's prior 
request for exemption from the notification and remedy provisions, as 
Babyhood's action in filing the new Part 573 Report moots its earlier 
petition.

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

    Issued on March 28, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-8232 Filed 4-3-95; 8:45 am]
BILLING CODE 4910-59-P