97-9054. Cosco, Inc.; Mootness of Application for Decision of Inconsequential Noncompliance

[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Notices]
[Page 17281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9054]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 96-110; Notice 2]


Cosco, Inc.; Mootness of Application for Decision of 
Inconsequential Noncompliance

    On August 29, 1996, Cosco, Inc. (Cosco), filed an application with 
the agency for exemption from the notification and remedy requirements 
of 49 U.S.C. 30118 and 30120 for noncompliance with the requirements of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 213 ``Child Restraint 
Systems.''
    Notice of receipt of the application was published on October 29, 
1996, and an opportunity afforded for comment (61 FR 55836). The 
comment closing date was November 29, 1996. The reader is referred to 
that notice for further information.
    After the comment period closed, in a December 6, 1996, letter to 
the agency, Cosco made a request to withdraw its application for the 
following reasons:

    Upon further review, we (Cosco) do not believe these booster 
seats (Cosco Grand Explorer-Model #02-424 OXF and 02-424 GDM) fall 
under the jurisdiction of this section (S5.2.3.2 of S5.2.3, Head 
Impact Protection). S5.2.3.1 specifies the child restraints systems 
which must meet the S5.2.3.2 criteria:
    S5.2.3.1 Each child restraint system, other than a child 
harness, which is recommended under S5.5.2(f) or children whose 
masses are less than 10 kg, shall comply with S5.2.3.2.
    The booster seats in question are recommended for 30 lbs. (13.6 
kg) to 60 lbs. (27 kg), therefore, they are not recommended for 
children under 10 kg and the booster seats are not required to meet 
S5.2.3.2.

    After review of Standard No. 213 and the facts of this case, the 
agency agrees with Cosco's interpretation of the applicable sections of 
the Standard. Therefore, Cosco's application is moot, and the agency is 
closing Docket No. 96-110 without making a decision on Cosco's 
application.

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

    Issued on: April 3, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-9054 Filed 4-8-97; 8:45 am]
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