[Federal Register Volume 63, Number 34 (Friday, February 20, 1998)]
[Notices]
[Pages 8735-8736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4354]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-97-3194; Notice 1]
Cosco, Inc.; Receipt of Application for Decision of
Inconsequential Noncompliance
Cosco, Incorporated of Columbus, Indiana, has determined that
several models of the Touriva convertible child restraint system fail
to comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 213,
``Child Restraint Systems,'' (49 CFR 571.213) and has filed an
appropriate report pursuant to 49 CFR Part 573, ``Defects and
Noncompliance Reports.'' Cosco 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 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.
After testing by the National Highway Traffic Safety Administration
(NHTSA) and notification to Cosco, the company confirmed through its
own investigation that it manufactured and distributed 148,098 Touriva
convertible child restraint systems between April 1994 and June 1996,
of which 82,176 have covers that incorporate an additional polyester
fiberfill pillow which may not meet the flammability requirements of
FMVSS Nos. 213 and 302. The Cosco child restraints affected and the
dates of production are as follows: Touriva Overhead Shield Accu-Just
(Model 02-025; 3/95 to 6/96); Touriva Luxury
[[Page 8736]]
Overhead Shield AccuJust (Model 02-045; 2/95 to 6/96); Touriva Overhead
Shield (Model 02-034; 4/94 to 6/96); Touriva Overhead Shield Accu-Just
(Model 02-054; 4/94 to 6/96); Touriva 5 point (Model 02-564; 3/95 to 6/
96); Touriva Overhead Shield (Model 02-055; 1/95 to 6/96); Touriva
Luxury Overhead Shield (Model 02-065; 3/95 to 6/96); Olympian Overhead
Shield (Model 02-257; 6/96); Touriva 5 point (Model 02-597; 6/96);
Touriva Safe T-Shield (Model 02-096; 4/96 to 6/96); and Touriva
Overhead Shield Accu-Just (Model 02-064; 1/95 to 6/96). All of the
models listed are convertible child restraints incorporating the same
shell design and a pillow in the head contact area, but the different
models are a combination of restraint types, cover designs, and
options. In each of the affected models, a polyester fiberfill is
utilized to form the pillow in the head area of the cover, and it is
this polyester fiberfill material which exceeded the 4 inches per
minute burn rate when tested in accordance with S5 of FMVSS No. 302. In
its investigation, Cosco found burn rates ranging from 17.3 inches per
minute to 39.5 inches per minute in six tests conducted on two
different samples of the polyester fiberfill in question. In addition,
Cosco determined that the noncompliant fiberfill material had been
provided by one of the two vendors responsible for supplying the
material to Cosco, but that not all fiberfill from this particular
supplier was non-complying. However, as Cosco is unable to limit the
extent to which the Touriva child restraints in question were
manufactured with non-complying fiberfill with greater certainty, the
82,176 units referenced above represent all Touriva models manufactured
using fiberfill from the supplier of the non-compliant material.
Cosco supports its application for inconsequential noncompliance
with the following:
The non-complying polyester fiberfill is incorporated into a pillow
located in the child restraint near the top of the pad in a vertical
orientation. Cosco contends that this configuration minimizes the
likelihood of ignition from cigarettes, which are specifically listed
in FMVSS Standard No. 302 as a primary ignition source of concern, or
any other similar ignition source.
The amount of potentially non-complying polyester fiberfill
incorporated in the pillow is 0.0951 pounds, or approximately one
percent of the total weight of the child restraint. This relatively
small amount of non-complying polyester fiberfill is fully encased by
materials which comply with the FMVSS No. 302 flammability requirements
to include the fabric covering the surface of the pad, the polyurethane
foam in the pad, the fabric backing of the pad, and the polypropylene
shell itself. The only way the non-complying fiberfill would be exposed
to a source of ignition that has not already consumed the child
restraint is if the cover of the pillow is torn, exposing the
fiberfill, and an ignition source then finds its way to this exposed
fiberfill. Cosco contends that the probability of such a sequence of
events occurring is virtually nonexistent, and that the corresponding
potential of the non-complying polyester fiberfill in the pillow
contributing to an injury or death even less likely.
Cosco has not received reports indicating the burning of a cover of
one of the suspect models, or any other child restraint cover. All
occupant protection studies reviewed by Cosco indicate an almost
infinitesimal risk of injury or death by vehicle fires in collisions.
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 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: March 23, 1998.
(49 U.S.C. 30118 and 30120; delegations of authority at 49 CFR 1.50
and 501.8)
Issued on: February 13, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-4354 Filed 2-19-98; 8:45 am]
BILLING CODE 4910-59-P
