[Federal Register Volume 59, Number 185 (Monday, September 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23688]
[[Page Unknown]]
[Federal Register: September 26, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
[Docket No. NCI 3270; Notice 1]
Child Restraint Systems Manufactured by Fisher-Price, Inc.;
Public Proceeding Scheduled
AGENCY: National Highway Traffic Safety Administration (NHTSA).
ACTION: Notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: NHTSA will hold a public meeting at 10 a.m. on October 21,
1994 regarding its initial decision that certain child restraint
systems manufactured by Fisher-Price, Inc., fail to comply with the
flammability requirements of Federal Motor Vehicle Safety Standard No.
213, Child Restraint Systems.
FOR FURTHER INFORMATION CONTACT:
James Gilkey, Office of Vehicle Safety Compliance, National Highway
Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC
20590; (202) 366-5295.
SUPPLEMENTARY INFORMATION: Pursuant to 49 U.S.C. 30118(a) (formerly
section 152(a) of the National Traffic and Motor Vehicle Safety Act of
1966, as amended, 15 U.S.C. 1412(a)), NHTSA has made an initial
decision that certain child safety seats manufactured by Fisher-Price,
Inc., do not comply with the requirements of Federal Motor Vehicle
Safety Standard (FMVSS) No. 213, Child Restraint Systems, 49 CFR
571.213. Compliance tests performed for NHTSA indicate that the
shoulder belt webbing on Fisher-Price Models AO9191, DO9191, 9103,
9149, 9173, 9179, and 9180 seats manufactured between 1988 and
September 16, 1993 do not meet the flammability requirements of FMVSS
No. 213 and therefore would not provide adequate protection to children
in the event of a fire in a vehicle in which they are installed.
Pursuant to 49 CFR 554.10, a public meeting will be held at 10
a.m., on Monday, October 21, 1994 in Room 9230, Department of
Transportation Building, 400 Seventh Street, SW., Washington, DC, at
which time the manufacturer and all other interested persons will be
afforded an opportunity to present data, views, and arguments on the
issue of whether the child safety seats covered by this initial
decision comply with FMVSS No. 213.
In September 1993, Fisher-Price filed a petition seeking an
exemption from the recall requirements of the statute on the basis that
any noncompliance with the flammability requirements of FMVSS No. 213
was inconsequential as it relates to motor vehicle safety (58 FR
59511). After NHTSA denied the petition (59 FR 23253), Fisher-Price
appealed (59 FR 30957). In conjunction with its appeal, Fisher-Price
requested the agency to convene a public meeting on the
inconsequentiality issue, which was scheduled for August 17, 1994 (59
FR 39015).
Pursuant to the agency's regulations governing inconsequentiality
petitions, 49 CFR 556.4(a), such petitions may only be filed after a
determination that a noncompliance exists. Until recently, NHTSA had
believed that Fisher-Price had made such a determination in September
1993, prior to filing its inconsequentiality petition. However, on
August 10, 1994, Fisher-Price informed the agency that it was taking
the position that it had never formally determined that a noncompliance
existed. NHTSA therefore canceled the public meeting and terminated the
inconsequentiality proceeding (59 FR 42326). The documents reflecting
the agency's consideration of that petition may be found in NHTSA
Docket No. 93-79.
Under the circumstances, NHTSA has resumed its noncompliance
investigation and, as described above, has made an initial decision
that these Fisher-Price car seats do not comply with FMVSS No. 213.
Pursuant to 49 CFR 556.4(a), Fisher-Price could at this time renew its
petition for an inconsequentiality determination. However, by letter
dated August 25, 1994, counsel for Fisher-Price advised NHTSA that the
company did not plan to file such a petition, even if the agency should
finally decide that a noncompliance exists.
Interested persons are invited to participate in this proceeding
through written an/or oral presentations. Persons wishing to make oral
presentations are requested to notify Ms. Elaine Beale, Office of
Vehicle Safety Compliance, National Highway Traffic Safety
Administration, Room 6111, 400 Seventh Street, SW., Washington, DC
20590, (202) 366-2832, before the close of business on October 18,
1994. Written comments must be submitted to the same address and
received not later than the beginning of the meeting on October 21,
1994.
All materials related to the issues addressed by this notice are
available for public inspection during working hours (9:30 a.m. to 4
p.m.) in NHTSA's Technical Reference Library, Room 5108, 400 Seventh
Street, SW., Washington, DC 20590.
Authority: 49 U.S.C. 30118(a); delegations of authority at 49
CFR 1.50(a) and 49 CFR 501.8
Issued on: September 20, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-23688 Filed 9-23-94; 8:45 am]
BILLING CODE 4910-59-M
