Combi USA, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Combi
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Otto G. Matheke III
National Highway Traffic Safety Administration
22 April 2021
[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21435-21437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08329]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0025; Notice 1]
Combi USA, Receipt of Petition for Decision of Inconsequential
Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: Combi USA (Combi), has determined that certain Combi USA
BabyRide rear-facing child restraint systems manufactured between March
1, 2016, and September 2, 2019, do not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. Combi
filed an original noncompliance report dated March 8, 2021, and later
amended it on March 10, 2021, and March 11, 2021. Subsequently, Combi
petitioned NHTSA on March 30, 2021, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
This notice announces receipt of Combi's petition.
DATES: Send comments on or before May 24, 2021.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
Hand Delivery: Deliver comments by hand to the 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 for Federal holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
Comments may also be faxed to (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 the comments you have submitted by mail
were received, please enclose a stamped, self-addressed postcard with
the comments. Note that all comments received will be posted without
change to https://www.regulations.gov, including any personal
information provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the docket. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).
FOR FURTHER INFORMATION CONTACT: Kelley Adams-Campos, Safety Compliance
Engineer, NHTSA, Office of Vehicle Safety Compliance,
kelley.adamscampos@dot.gov .
SUPPLEMENTARY INFORMATION:
I. Overview
Combi has determined that certain Combi USA BabyRide rear-facing
child restraint systems manufactured between March 1, 2016, and
September 2, 2019, do not fully comply with the requirements of
paragraph S5.4.1.2(a) of FMVSS No. 213, Child Restraint Systems (49 CFR
571.213). Combi filed an original noncompliance report dated March 8,
2021, and later amended it on March 10, 2021, and March 11, 2021,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. Combi subsequently petitioned NHTSA on March 30, 2021, for
an exemption from the notification and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this noncompliance is inconsequential as
it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or
Noncompliance.
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.
II. Child Restraint Systems Involved
Approximately 13,880 Combi USA BabyRide rear-facing child restraint
systems with model number 378099, manufactured between March 1, 2016,
and September 2, 2019, are potentially involved.
III. Noncompliance
Combi explains that the noncompliance is that the subject rear-
facing child restraint systems are equipped with 25-mm-wide webbing
used in the center front harness adjuster that does not comply with the
minimum breaking strength requirements as required in paragraph
S5.4.1.2(a) of FMVSS No. 213. Specifically, the subject child restraint
systems have an initial breaking strength of between 9,622 N and 10,
136 N (median load 9,871 N), which is less than the required minimum
breaking strength of 11,000 N.
IV. Rule Requirements
Paragraph S5.4.1.2(a) of FMVSS No. 213 includes the requirements
relevant to this petition. 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 have a minimum breaking
strength for new webbing of not less than 15,000 N in the case of
webbing used to secure a child restraint
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system to the vehicle, including the tether and lower anchorages of a
child restraint anchorage system, and not less than 11,000 N in the
case of the webbing used to secure a child to a child restraint system
when tested in accordance with paragraph S5.1 of FMVSS No. 209. Each
value shall be not less than the 15,000 N and 11,000 N applicable
breaking strength requirements, but the median value shall be used for
determining the retention of breaking strength in paragraphs (b)(1),
(c)(1), and (c)(2) of paragraph S5.4.1.2. ``New webbing'' means webbing
that has not been exposed to abrasion, light, or micro-organisms as
specified elsewhere in FMVSS No. 213..
V. Summary of Combi's Petition
The following views and arguments presented in this section, ``V.
Summary of Combi's Petition,'' are the views and arguments provided by
Combi. They have not been evaluated by the Agency and do not reflect
the views of the Agency. Combi describes the subject noncompliance and
contends that the noncompliance is inconsequential as it relates to
motor vehicle safety.
In support of its petition, Combi submitted the following
reasoning:
1. Combi has not received any reports from consumers related to the
strength of the 25-mm-wide webbing in the BabyRide infant car seat.
2. The BabyRide with the 25-mm-wide webbing at issue complies with
dynamic testing requirements of FMVSS No. 213, paragraph S5.1, in
testing conducted by both NHTSA and Combi between 2016 and 2019. This
includes testing with the 12-month-old CRABI ATD that represents the
heaviest child that the BabyRide infant car seat is used with.
3. The actual webbing strength of the 25-mm-wide webbing far
exceeds the strength needed for the application of an infant car seat
used with children 10 kg (22 lbs.) or less.
a. Load applied during dynamic testing
i. When tested with the 12-month-old CRABI ATD that weighs 22 lbs.,
representing the maximum weight occupant for the car seat, the maximum
load that the 25-mm-wide webbing is subjected to during an FMVSS No.
213 compliance crash test is 302.9 N.
ii. Combi believes that the peak loading of the 25-mm-wide webbing
when dynamically tested per FMVSS No. 213 with the 12-month-old CRABI
ATD and represented in the 2021 test conducted by UMTRI in Test Report
No. AG2101 represents the maximum load applied to the 25-mm-wide
webbing in all Combi USA BabyRide infant car seats. Combi bases that
belief on the total belt load applied to the vehicle lap belt and LATCH
belt recorded in the 2016 UMTRI and 2021 UMTRI testing with the 12-
month-old ATD. The total vehicle lap belt load recorded in the 2021
test (AG2101) of 4206 N (945.6 lbs.) is consistent with the total
vehicle lap belt and LATCH belt loading recorded in the 2016 tests
conducted by UMTRI with the 12-month-old ATD of 4,067.2 N (851.4 lbs.)
in Test TT1603 and 3,989.1 N (896.8 lbs.) in Test TT1604.
iii. The maximum load measured in the 25-mm-wide webbing in the
BabyRide infant car seat is much lower than the total load applied to
the vehicle lap belt and LATCH belt as the car seat is for rear-facing
use only and for use with a child weighing 10 kg (22 lb.) or less. In a
rear-facing car seat, a significant portion of the load from the ATD
during the dynamic test is transferred and supported by the seatback,
thus reducing the maximum load applied to the harness system including
the 25-mm-wide webbing.
b. FMVSS No. 213 S5.4.1.2(a) Minimum breaking strength of original
webbing
i. The initial breaking strength of the 25-mm-wide webbing in NHTSA
and Combi's testing is between 9,266 N and 10,126 N.
ii. Based on test reports collected in response to a request for
information from NHTSA's Office of Vehicle Safety Compliance,\1\ all
production testing for the 25-mm-wide webbing from 2016 through 2019
measured between 9,600 N to 9,900 N.
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\1\ In their petition, Combi mistakenly referred to the Office
of Vehicle Safety Compliance as the Office of Defects Investigation.
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c. FMVSS No. 213 S5.4.1.2(b)(1) Webbing strength after abrasion
i. The breaking strength of the 25-mm-wide webbing after abrasion
in the Combi testing was an average of 8,047 N or 86.7 percent of the
original breaking strength.
ii. As the breaking strength of the 25-mm-wide webbing after
abrasion is 86. 7 percent of the original breaking strength, the
webbing complies with requirements in S5.4.1.2(b)(l) of FMVSS No. 213,
which requires the webbing have a breaking strength of not less than 75
percent of the new webbing strength.
d. FMVSS No. 213 S5.4.1.2(c)(l) Webbing strength after exposure to
light
i. The breaking strength after exposure to light of the 25-mm-wide
webbing tested by NHTSA averages 9,752 N or 98.8 percent of the
original breaking strength.
ii. As the breaking strength of the 25-mm-wide webbing after
exposure to light is 98.8 percent of the original breaking strength,
the webbing complies with requirements in paragraph S5.4.1.2(c)(l) of
FMVSS No. 213 which requires the webbing have a breaking strength of
not less than 60 percent of the new webbing.
4. FMVSS No. 213 regulates child restraint systems and the webbing
used in those restraint systems for use with children weighing up to 36
kg (80 lbs.). The minimum strength requirements defined in paragraph
S5.4.1.2 of FMVSS No. 213 for harness belts used in all child restraint
systems for use with children 36 kg (80 lbs.) or less, including
infant-only restraint systems, are listed below.
a. S5.4.1.2(a) Minimum breaking strength for new webbing
i. Minimum breaking strength of not less than 11,000 N.\2\
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\2\ In their petition, Combi mistakenly referred to the minimum
breaking strength for new webbing as the median breaking strength
for new webbing.
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b. S5.4.1.2.(b) Minimum breaking strength after abrasion
i. Median breaking strength webbing after abrasion of not less than
75 percent of the new webbing strength. Based on the 11,000 N minimum
strength for new webbing, at least 8,250 N after abrasion.
ii. The median breaking strength of the 25-mm webbing used in the
BabyRide after abrasion is 8,047 N, or 2.5 percent less than the
minimum allowed for all child restraints, including those designed for
children up to 80 lbs.
c. S5.4.1.2(b) Minimum breaking strength after exposure to light
i. Median breaking strength after exposure to light of not less
than 60 percent of the new webbing strength or based on the 11,000 N
minimum strength for new webbing, at least 6,600 N after exposure to
light.
ii. The breaking strength of the 25-mm webbing used in the BabyRide
is 47.7 percent greater than the minimum breaking strength allowed for
all child restraints after exposure to light, including those designed
for children up to 80 lbs.
5. Combi has reviewed the harness webbing specifications defined in
FMVSS No. 213 and notes the following:
a. Harness webbing as specified in FMVSS No. 213 is for webbing for
use with children up to 80 lbs. (36 kg). The webbing specified is
sufficiently strong to restrain an 80 lb. occupant when forward-facing.
b. The BabyRide car seat is an infant car seat, which is used rear-
facing only
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with infants 22 lbs. (10 kg) or less. Rear-facing infant car seats
provide restraint of the infant primarily by supporting the infant's
head and back on the seatback support surface of the restraint and
additionally by the harness system. The loads carried by the seatback
support surface significantly reduce the loading experienced by the
harness webbing and center front adjuster webbing as shown in the UMTRI
test AG2101. That load is significantly lower than the harness and
center front adjuster webbing used in a forward-facing restraint system
that is used up to 80 lbs.
c. Rear-facing use of the BabyRide car seat with children 22 lbs.
or less will subject the harness belts and adjuster belt to only a
small percentage of the load applied when forward-facing with an
occupant weighing 80 lbs.
i. During a rear-facing test, the test AG2101 shows that the
maximum load applied to the 25-mm-wide webbing was 302.9 N.
6. Combi believes that the initial minimum breaking strength of
11,000 N is much higher than the strength needed for a rear-facing car
seat like the BabyRide, even when occupied by a child at the maximum
weight, and that the 25-mm-wide webbing used in the BabyRide exceeds
the forces applied in a crash.
Combi concludes that the subject noncompliance is inconsequential
as it relates to motor vehicle safety and that its petition to be
exempted from providing notification of the noncompliance, as required
by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by
49 U.S.C. 30120, should be granted.
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, any decision on
this petition only applies to the subject child restraint systems that
Combi no longer controlled at the time it determined that the
noncompliance existed. However, any decision on this petition does not
relieve equipment distributors and dealers of the prohibitions on the
sale, offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant child restraint systems under
their control after Combi notified them that the subject noncompliance
existed.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-08329 Filed 4-21-21; 8:45 am]
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