Child Seating Systems Manufactured by Fisher-Price, Inc.; Public Proceeding Scheduled

Topics:  Fisher-Price

Barry Felrice
National Highway Traffic Safety Administration
Federal Register
August 1, 1994

[Federal Register: August 1, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 93-79; Notice 4]

 
Child Seating Systems Manufactured by Fisher-Price, Inc.; Public 
Proceeding Scheduled

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of public meeting.

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SUMMARY: NHTSA will hold a public meeting on August 17, 1994 at 9:00 
a.m. regarding an appeal by Fisher-Price of the agency's denial of its 
petition for an exemption from the recall requirements of the National 
Traffic and Motor Vehicle Safety Act on the ground that the failure of 
certain child seating systems manufactured by Fisher-Price to comply 
with the Federal safety standard on child restraint flammability is 
inconsequential as it relates to motor vehicle safety.

FOR FURTHER INFORMATION CONTACT: Chris Flanigan, Office of Rulemaking, 
NHTSA (202-366-4918).

SUPPLEMENTARY INFORMATION: On September 16, 1993, Fisher-Price, Inc., 
of East Aurora, N.Y., notified the National Highway Traffic Safety 
Administration (NHTSA) that, pursuant to section 151(2) of the National 
Traffic and Motor Vehicle Safety Act (recently recodified as 49 U.S.C. 
30118(c)(2)), it had determined that it had manufactured child seats 
that failed to comply with the minimum requirements for flammability 
set forth in Federal Motor Vehicle Safety Standard No. 213, Child 
Restraint Systems, 49 CFR 571.213. Fisher-Price took this action six 
months after NHTSA had notified the company that fabric taken from its 
child sets had exceeded the maximum limit established by Standard No. 
213 for the protection of children (Agency file NCI 3270).
    Concurrently, Fisher-Price filed a petition asking NHTSA for a 
determination that its failure to comply with the child seat 
flammability requirements was inconsequential as it relates to motor 
vehicle safety so as to relieve it of the obligation to notify 
purchasers of the flammability failure and to remedy the flammability 
problem. This petition was filed pursuant to former section 157 of the 
Act (now 49 U.S.C. 30118(d) and 30120(h)) and 49 CFR Part 556. Notice 
of the petition was published on November 9, 1993 (58 FR 59511). NHTSA 
denied the petition on March 22, 1994.
    On March 25, 1994, after it received a copy of the NHTSA order 
denying the petition, Fisher-Price obtained a temporary restraining 
order in the U.S. District Court for the Western District of New York, 
restraining NHTSA and the Office of the Federal Register from 
publishing the denial or otherwise publicizing it. Fisher-Price, Inc. 
v. NHTSA, et al., Civ. No. 94-CV-0227C(H). The restraining order was 
vacated on April 28, 1994, and the denial published on May 5, 1994 (59 
FR 23253). On May 6, Fisher-Price appealed the denial and asked for a 
public meeting. Notice of the appeal was published on June 16, 1994 (59 
FR 30957).
    Pursuant to Fisher-Price's request, a public proceeding will be 
held at 9:00 a.m. on Wednesday, August 17, 1994 in Room 9230, 
Department of Transportation Building, 400 Seventh Street, SW, 
Washington, DC, at which time Fisher-Price and all other interested 
persons will be afforded an opportunity to present data, views, and 
arguments on the issue of whether the failure of these child seats to 
meet the flammability requirements of Standard No. 213 is 
inconsequential as it relates to motor vehicle safety.
    Interested persons are invited to participate through written or 
oral presentations. Persons wishing to make oral presentations are 
requested to notify Chris Flanigan, Office of Rulemaking, National 
Highway Traffic Safety Administration, Room 5320, 400 Seventh Street, 
SW, Washington, DC 20590, 202-366-4918, before the close of business on 
August 9, 1994. Written comments must be submitted to the same address 
on or before August 11, 1994.
    The agency's investigative file (NCI 3270) and litigation file in 
this matter are available for public inspection during working hours 
(9:30 a.m. to 4:00 p.m.) in its Technical Reference Library, Room 5108, 
400 Seventh Street, SW, Washington, DC 20590.

    Authority: 49 U.S.C. Secs. 30118, 30120; delegation of authority 
at 49 CFR 1.50(a) and 49 CFR 501.8.

    Issued on: July 26, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-18628 Filed 7-27-94; 11:38 am]
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