[Federal Register: July 30, 2002 (Volume 67, Number 146)]
[Notices]               
[Page 49387]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy02-114]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-12479; Notice 1]

 
Dorel Juvenile Group; Receipt of Application for Determination of 
Inconsequential Non-Compliance

    Dorel Juvenile Group [Cosco] (DJG), of Columbus, Indiana, failed to 
comply with S5.4.1(a) of Federal Motor Vehicle Safety Standard (FMVSS) 
No. 213, ``Child Restraint Systems,'' which incorporates S5.1(d) of 
FMVSS No. 209, ``Seat Belt Assemblies,'' and has filed an appropriate 
report pursuant to 49 CFR Part 573, ``Defect and Noncompliance 
Reports.'' DJG 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.
    This notice of receipt of the application 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 application.
    The following summarizes the DJG petition based upon information 
provided with the petition in accordance with the requirements of 49 
CFR part 556, ``Exemption for Inconsequential Defect or 
Noncompliance.''

Summary of the Petition

    On July 11, 2001, as a result its fiscal year 2001 testing, NHTSA 
notified DJG, by telephone, of a potential noncompliance regarding 
DJG's tether webbing. The noncompliance is the webbing utilized for 
tether assemblies on many of DJG child restraints produced from January 
2000 through September 30, 2001 (39 Models and 3,957,826 units). DJG 
determined that one of the suppliers of tether webbing utilized in the 
tether assemblies had provided some webbing that did not meet the 
abrasion test requirements. DJG's unabraded tether webbing strength, 
measured by NHTSA's FY 2001 compliance testing, was 4,450 pounds, and 
after abrasion it was 2,450 pounds (a ratio of abraded/unabraded 
webbing strength of 55%). Section 5.4.1(a) of FMVSS No. 213 requires 
webbing to have an abraded strength of not less than 75% of its 
unabraded breaking strength.
    DJG believes that because its unabraded webbing strength was high 
(4,450 pounds), not meeting the 75% abrasion strength requirement of 
S5.4.1(a) of FMVSS No. 213 is inconsequential to motor vehicle safety. 
DJG believes that its abraded strength at 2,450 pounds is far in excess 
of the anchorage strength requirements specified in FMVSS No. 225 
``Child restraint anchorage systems'' at 1,191 pounds. DJG also 
believes that the abraded webbing strength test procedure set forth in 
S5.4.1(a) of FMVSS No. 213 is flawed and that minimum abraded breaking 
strength should be specified. Therefore, DJG filed this petition on the 
basis that the noncompliance is inconsequential to motor vehicle 
safety.

Availability of the Petition and Other Documents

    The petition and other relevant information are available for 
public inspection in NHTSA Docket No. NHTSA-2002-12479. You may call 
the Docket at (202) 366-9324 or you may visit the Docket Management in 
Room PL-401, 400 Seventh Street, SW, Washington, DC 20590 (10:00 a.m. 
to 5 p.m., Monday through Friday). You may also view the petition and 
other relevant information on the Internet. To do this, do the 
following:
    (1) Go to Docket Management System (DMS) Web page for the 
Department of Transportation (http://dms.dot.gov)
    (2) On that page, click on ``Simple Search.''
    (3) On the next page (http://dms.dot.gov/search/
SearchFormSimple.cfm), type the docket number ``12479.'' After typing 
the docket number, click on ``search.''
    (4) On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments. You may 
download the comments and other materials.

Comments

    Interested persons are invited to submit written data, views and 
arguments on the petition of DJG 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 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 practicable. 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: August 29, 2002.

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

    Issued on: July 23, 2002.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 02-19141 Filed 7-29-02; 8:45 am]
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