Safeline Corporation; Receipt of Applications for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-6271; Notice 1]

Safeline Corporation; Receipt of Applications for Decision of

Inconsequential Noncompliance

Safeline Corporation, of Denver, Colorado, has determined that a

number of child restraint systems fail to comply with sections of 49

CFR 571.213, Federal Motor Vehicle Safety Standard (FMVSS) No. 213,

``Child Restraint Systems,'' and has filed appropriate reports pursuant

to 49 CFR Part 573, ``Defects and Noncompliance Reports.'' Safeline 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 noncompliances are inconsequential to safety.

Safeline has identified two noncompliant conditions, and has filed

separate applications for each of these conditions. This notice

addresses each of these applications. This notice is published under 49

U.S.C. 30118 and

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30120, and does not represent any agency decision or other exercise of

judgement concerning the merits of the application.

Omission of Air Bag Warning Label. FMVSS No. 213 has required rear-

facing child restraints to be labeled with an air bag warning since

August 1994 (59 FR 7643). Beginning on August 15, 1994, S5.5.2(k) of

FMVSS No. 213 required all rear-facing child restraint systems to have

a label warning the consumer not to place the rear-facing child

restraint system in the front seat of a vehicle that has a passenger

side air bag, and a statement describing the consequences of not

following the warning. These statements were required to be on a red,

orange, or yellow contrasting background, and placed on the side of the

restraint designed to be adjacent to the front passenger door of a

vehicle, visible to a person installing the rear-facing child restraint

system in the front passenger seat.

This labeling requirement was revised in 1996 (61 FR 60206) to

require an enhanced and much more prominent warning on a distinct

label. In the case of each child restraint system that can be used in a

rear-facing position and is manufactured on or after May 27, 1997,

S5.5.2(k)(4) of FMVSS No. 213 requires this label to be permanently

affixed to the outer surface of the cushion or padding in or adjacent

to the area where a child's head would rest, so that the label is

plainly visible and readable. The text portion of this label consists

of a heading reading ``WARNING'', with the following messages under

that heading:

DO NOT place rear-facing child seat on front seat with air bag.

DEATH OR SERIOUS INJURY can occur.

The back seat is the safest place for children 12 and under.

Opposite the text, the warning label has a pictogram showing an

inflating air bag striking a rear-facing child seat, surrounded by a

red circle with a slash across it. The label must also conform to size

and color requirements specified in S5.5.2(k)(4)(i) through

S5.5.2(k)(4)(iii).

Safeline has notified us that between June 14, 1997 and September

15, 1997, it sold between 750 and 900 Sit'n'Stroll Child Restraints,

Model 3240, that do not have the revised air bag warning label required

by S5.5.2(k)(4) of FMVSS No. 213. The noncompliance occurred because

the seat cover assemblies for the affected units were manufactured

prior to May 27, 1997, consistent with Safeline's normal production

cycle and prior to the effective date of the new requirement. These

work in progress seat cover assemblies were then used in final assembly

subsequent to May 27, 1997.

Safeline supports its application for inconsequential noncompliance

with the following:

Because of the significant lapse in time since the

noncompliance, the products are no longer being used in the rear

facing seating configuration. The purpose of the air bag warning

statement is to prevent children from being placed rear facing in

the front seat of a vehicle equipped with a passenger side air bag.

Since it is recommended children remain rear facing for at least 12

months, and it has been 24 months since the products have been sold,

it is likely these units are no longer being used in the rear facing

position.

Seat cover subassemblies were manufactured prior to May 27,

1997.

Quantity of units not complying with amended rule is small.

Between 750 and 900 units were sold that do not comply with the

requirements.

Because existing warning statements are found on the labels of

the product and in the instruction manual. While Safeline

Corporation strongly concurs the new air bag warning statement is an

effective enhancement in the proper usage of child restraint

systems, the previously existing warnings clearly state the hazards

of placing a rear facing child restraint in a seating position with

an air bag. Additionally, the exposure provided by the widespread

national media campaign has been effective in educating parents of

the dangers regarding the placement of rear facing child restraint

systems in vehicles with air bags.

The probability of a second hand owner receiving information

through a recall notification is unlikely. Thus, the likelihood is

small that a second hand owner, using the product in the rear facing

position, would actually receive the recall notification.

Certification of Child Restraint to 25 Pounds in Rear-Facing

Position. S7.1(c) of FMVSS No. 213 states that:

A child restraint that is recommended by its manufacturer in

accordance with S5.5 for use either by children in a specified mass

range that includes any children having a mass greater than 10 kg

(20 lbs) but not greater than 18 kg (40 lbs), or by children in a

specified height range that includes any children whose height is

greater than 850 mm but not greater than 1100 mm, is tested with a

9-month-old test dummy conforming to part 572 subpart J, and a 3-

year-old test dummy conforming to part 572 subpart C and S7.2,

provided, however, that the 9-month-old test dummy is not used to

test a booster seat.

In October 1998, we requested that Safeline identify the dummy that

was utilized to evaluate the Sit'n'Stroll child restraint, and provide

a copy of each test report and any engineering analysis that formed the

basis of Safeline's certification of the Sit'n'Stroll child restraint

system to the performance requirements of FMVSS No. 213 for recommended

usage greater than 22 pounds in the rear-facing seating configuration.

In response, Safeline submitted test data from Calspan Corporation and

the University of Michigan which reflected failures of seat back angle

requirements and/or structural integrity requirements with a 3-year-old

dummy positioned in the rear-facing position. However, passing test

results were achieved for these requirements with a 20-pound TNO dummy

weighted to 25 pounds and positioned in the rear-facing position.

Safeline concluded that the Sit'n'Stroll child restraint model ``could

safely be used in the rear-facing position at a weight not to exceed 25

pounds.''

In June 1999, we notified Safeline that the Sit'n'Stroll child

restraint does not appear to meet the applicable requirements of FMVSS

No. 213 with the 3-year-old dummy in the rear-facing position.

Safeline's determination that the Sit'n'Stroll child restraint model

complies with FMVSS No. 213 based on test results with the 20-pound TNO

dummy weighted to 25 pounds in the rear-facing position is invalid

because this dummy is not specified by FMVSS No. 213. All Sit'n'Stroll

child restraints, model 3240, manufactured by Safeline between November

1996 and June 1999 have been recommended for use for up to 25 pounds in

the rear-facing position. A total of 21,759 units are affected by this

noncompliance.

Safeline supports its application for inconsequential noncompliance

with the following:

The Sit'n'Stroll meets all rear facing testing criteria using a

20-pound TNO dummy weighted to 25 pounds. Our testing has shown that

an infant dummy weighted to 25 pounds had minimal additional affects

on the seat back rotation angle results relative to the dummy

specified in FMVSS No. 213. The maximum seat back rotation angle we

have experienced in dynamic testing is significantly less than the

allowable 70-degree maximum. These results provided the confidence

to previously recommend the usage of the Sit'n'Stroll for children

weighing no more than 25 pounds in the rear facing seating position.

Safeline Corporation is aware of no incidents, claims, reports,

injuries, fatalities or warranty issues of children 22 to 25 pounds

being injured or harmed in any way by the extended use of the

Sit'n'Stroll.

The large surface area of the base of the Sit'n'Stroll reduces

the protrusion of the child restraint into the automobile's seat.

The Sit'n'Stroll's unique design--the wide, uninterrupted base

surface area--relative to other convertible child restraints,

produces seat back rotation angle results well below the maximum

allowable criteria by more effectively distributing the dynamic

forces.

Interested persons are invited to submit written data, views, and

arguments on the applications of

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Safeline 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: November 8, 1999.

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

and 501.8)

Issued on: October 4, 1999.

Stephen R. Kratzke,

Acting Associate Administrator for Safety Performance Standards.

[FR Doc. 99-26151 Filed 10-6-99; 8:45 am]

BILLING CODE 4910-59-P