Combi USA, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Combi
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Claude H. Harris
National Highway Traffic Safety Administration
August 9, 2013
[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Pages 48767-48768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19278]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0080; Notice 1]
Combi USA, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Receipt of petition.
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SUMMARY: Combi USA, Inc., (Combi),\1\ has determined that certain model
child restraint systems manufactured between 2007 and 2012, do not
fully comply with paragraph 5.4.1.2(a) of Federal Motor Vehicle Safety
Standard (FMVSS) No. 213, Child Restraint Systems. Combi has filed an
appropriate report dated June 9, 2013, pursuant to 49 CFR Part 573,
Defect and Noncompliance Responsibility and Reports.
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\1\ Combi USA, Inc., is a U.S. company that manufactures child
restraint systems.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR Part 556), Combi has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
This notice of receipt of Combi's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
Child Restraints Involved: Affected are approximately 23,357 Combi
Coccoro child restraint systems manufactured between 2009-2012, 5,391
Combi Zeus 360 child restraint systems manufactured between 2009-2012,
and 4,391 Combi Zeus Turn child restraint systems manufactured between
2007-2009.
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, these provisions
only apply to the subject 33,139 \2\ child restraint systems
[[Page 48768]]
that Combi no longer controlled at the time it determined that the
noncompliance existed.
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\2\ Combi's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt Combi as a child restraint
system manufacturer from the notification and recall
responsibilities of 49 CFR Part 573 for the 33,139 affected
restraints. However, a decision on this petition cannot relieve
child restraint system distributors and dealers of the prohibitions
on the sale, offer for sale, introduction or delivery for
introduction into interstate commerce of the noncompliant restraints
under their control after Combi notified them that the subject
noncompliance existed.
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Noncompliance: Combi states that the noncompliance is that due to
an imbedded stop button within the harness system of the affected child
restraint systems, the harness webbing does not meet the minimum
breaking strength requirements of FMVSS No. 213 paragraph 5.4.1.2(a).
Rule Text: Section S5.4.1.2 (a) of FMVSS No. 213 states, in
pertinent part:
. . . The webbing of belts provided with a child restraint
system and used to attach the system to the vehicle or to restrain
the child within the system shall . . .
(a) Have a minimum breaking strength for new webbing . . . not
less than 11,000 N in case of the webbing used to secure a child to
a child restraint system when tested in accordance with S5.1 of
FMVSS No. 209 . . .
Summary of Combi's Analyses: Combi explains that the harness
webbing of the subject Coccoro and Zeus child restraint systems does
not meet the minimum breaking strength requirements of FMVSS No. 213
and is inconsequential to motor vehicle safety for the following
reasons:
1. Combi states that the production of the Zeus Turn child
restraint system ended on March 25, 2009, and that the production of
the Zeus 360 child restraint system ended on May 24, 2012.
2. Combi also stated that all of the subject Coccoro child
restraint systems were produced with the identical harness system as
tested by NHTSA in 2012. Combi further noted that all of the subject
Zeus 360 and Zeus Turn child restraint systems were produced with the
same imbedded stop button within the harness system as the Coccoro
child restraints tested by NHTSA in 2012. Combi's petition includes
discussion of the test results of NHTSA's 2012 compliance testing of
the subject Coccoro child restraint system harness webbing which
yielded breaking strength test results of 8990 N, 9170 N, and 9300 N.
3. Combi also explained that given the relative small number of
subject Coccoro, Zeus 360, and Zeus Turn child restraints, the
effectiveness of any notification campaign regarding this technical
noncompliance will be limited. Combi further states that any
noncompliance notice campaign may result in customers deciding to
discontinue using their Coccoro and Zeus child restraints for a period
of time, adding a risk of injury where none exists as a result of the
noncompliance of the harness webbing of the subject Coccoro and Zeus
child restraints with the minimum breaking strength requirements of
FMVSS No. 213.
4. Combi also provided testing data of the force loading on the
harness system of the Coccoro and Zeus 360 child restraint when
subjected to the FMVSS No. 213 dynamic crash pulse (30 mph crash pulse)
and the NCAP pulse (35 mph crash pulse). The test results showed load
cell values ranging from approximately 1150 N to 1900 N. Combi stated
that these results confirm that the harness assemblies of the subject
Coccoro, Zeus 360, and Zeus Turn child restraints will under no
circumstances fail in a real world crash, as the forces acting on the
harness system in dynamic testing are less than 22 percent of the
breaking strength test results determined by NHTSA. Combi therefore
believes that the harness assemblies of the subject Coccoro and Zeus
child restraints present no motor vehicle safety risk.
5. Combi further explained that they have not received any notice
from any source, including but not limited to NHTSA, of any partial or
complete breakage or tearing of the harness system in any Coccoro and
Zeus child restraints.
6. Combi also stated that they have implemented an engineering
modification to all production of the Coccoro child restraints produced
to remove the imbedded stop button since January 29, 2013.
In summation, Combi believes that the described noncompliance is
inconsequential to motor vehicle safety, and that its petition, to
exempt it from providing notification of noncompliance as required by
49 U.S.C. 30118 and remedying the noncompliance as required by 49
U.S.C. 30120, should be granted.
Comments: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
Comment Closing Date: September 9, 2013.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.95 and 501.8.
Dated: July 31, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-19278 Filed 8-8-13; 8:45 am]
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