80_FR_32075 80 FR 31968 - Graco Children's Products, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

80 FR 31968 - Graco Children's Products, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 107 (June 4, 2015)

Page Range31968-31969
FR Document2015-13599

Graco Children's Products, Inc., (Graco) has determined that certain Graco child restraints do not fully comply with paragraph S5.5.2(g)(1)(iii) of Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. Graco has filed an appropriate report dated March 13, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

Federal Register, Volume 80 Issue 107 (Thursday, June 4, 2015) 
[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Pages 31968-31969]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13599]



[[Page 31968]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0036; Notice 1]


Graco Children's Products, Inc., Receipt of Petition for Decision 
of Inconsequential Noncompliance

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

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: Graco Children's Products, Inc., (Graco) has determined that 
certain Graco child restraints do not fully comply with paragraph 
S5.5.2(g)(1)(iii) of Federal Motor Vehicle Safety Standard (FMVSS) No. 
213, Child Restraint Systems. Graco has filed an appropriate report 
dated March 13, 2015, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is July 6, 2015.

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 at the beginning of this notice and 
submitted by any of the following methods:
     Mail: Send comments 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.
     Hand Deliver: Deliver comments by hand 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.
     Electronically: Submit comments 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 (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.

SUPPLEMENTARY INFORMATION: 
    I. Graco's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
(see implementing rule at 49 CFR part 556), Graco submitted a petition 
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 Graco's petition 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 petition.
    II. Child Restraints Involved: Affected are approximately 31,838 
Graco ComportSport, Graco Classic Ride, and Graco Ready Ride child 
restraints manufactured between March 1, 2014 and February 28, 2015.
    III. Noncompliance: Graco explains that the noncompliance is due to 
a labeling issue. The labels on the subject child restraints do not 
contain the instructional statement required by paragraph 
S5.5.2(g)(1)(iii) of FMVSS No. 213.
    IV. Rule Text: Paragraph S5.5.2(g)(1)(iii) of FMVSS No. 213 
requires in pertinent part:

    S5.5.2 The information specified in paragraphs (a) through (m) 
of this section shall be stated in the English language and lettered 
in letters and numbers that are not smaller than 10 point type. 
Unless otherwise specified, the information shall be labeled on a 
white background with black text. Unless written in all capitals, 
the information shall be stated in sentence capitalization. . . .
    (g) The specified statements specified in paragraphs (1) and (2)
    (1) A heading as specified in S5.5.2(k)(3)(i), with the 
statement ``WARNING! DEATH or SERIOUS INJURY can occur,'' 
capitalized as written and followed by bulleted statements in the 
following order . . .
    (iii) Follow all instructions on this child restraint and in the 
written instructions located (insert storage location on the 
restraint for the manufacturer's installation instruction booklet or 
sheet).

    V. Summary of Graco's Analyses: Graco stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    (A) Graco observed that many child seats are sold with their 
instruction manual placed in an appropriate long-term storage location. 
Graco believes that in such cases the statement required by paragraph 
S5.5.2(g)(1)(iii) of FMVSS No. 213 is intended to remind consumers that 
the child restraint was sold with instructions and to inform them where 
to find those instructions. Because the subject child restraints are 
sold with the instruction manual in a plastic pouch on the child 
restraint's harness strap, Graco believes that the original consumer 
must initially interact with the instructions in order to install the 
child seat, therefore achieving the same result intended by the subject 
label statement. Being thereby made aware of the instructions, the 
consumer can then place the instructions directly into the storage 
location for future access.
    (B) In a case of subsequent users, Graco believes the location of a 
properly stored manual, near the top of the seat back, is readily 
visible and obvious due to the size, shape and color contrast between 
the instruction manual and the seat back.
    (C) Graco considers the risk of the original consumer not placing 
the instruction manual into the proper storage location to be no 
different from the risk where a subsequent user does not place the 
instructions into the storage location after use.
    (D) Graco further notes that installation instructions are also 
readily available on Graco's Web site or by calling its customer 
hotline.
    In summation, Graco believes that the described noncompliance of 
the subject child restraints is inconsequential to motor vehicle 
safety, and that its petition, to exempt Graco from providing recall 
notification of noncompliance as required by 49 U.S.C. 30118 and 
remedying the recall 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

[[Page 31969]]

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 restraints that Graco no longer controlled at the time it 
determined that the noncompliance existed. However, any decision on 
this petition does not relieve child restraint 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 restraints under their control after Graco 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.

Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-13599 Filed 6-3-15; 8:45 am]
BILLING CODE 4910-59-P

31968 Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices DEPARTMENT OF TRANSPORTATION addressed postcard with the comments. (1) A heading as specified in S5.5.2(k)(3)(i), Note that all comments received will be with the statement ‘‘WARNING! DEATH or National Highway Traffic Safety posted without change to http:// SERIOUS INJURY can occur,’’ capitalized as Administration www.regulations.gov, including any written and followed by bulleted statements in the following order . . . personal information provided. (iii) Follow all instructions on this child [Docket No. NHTSA–2015–0036; Notice 1] Documents submitted to a docket may restraint and in the written instructions Graco Children’s Products, Inc., be viewed by anyone at the address and located (insert storage location on the Receipt of Petition for Decision of times given above. The documents may restraint for the manufacturer’s installation Inconsequential Noncompliance also be viewed on the Internet at instruction booklet or sheet). http://www.regulations.gov by following V. Summary of Graco’s Analyses: AGENCY: National Highway Traffic the online instructions for accessing the dockets. DOT’s complete Privacy Act Graco stated its belief that the subject Safety Administration (NHTSA), Statement is available for review in the noncompliance is inconsequential to Department of Transportation (DOT). Federal Register published on April 11, motor vehicle safety for the following ACTION: Receipt of petition. reasons: 2000, (65 FR 19477–78). The petition, supporting materials, (A) Graco observed that many child SUMMARY: Graco Children’s Products, and all comments received before the seats are sold with their instruction Inc., (Graco) has determined that certain close of business on the closing date manual placed in an appropriate long- Graco child restraints do not fully indicated below will be filed and will be term storage location. Graco believes comply with paragraph S5.5.2(g)(1)(iii) considered. All comments and that in such cases the statement of Federal Motor Vehicle Safety supporting materials received after the required by paragraph S5.5.2(g)(1)(iii) of Standard (FMVSS) No. 213, Child closing date will also be filed and will FMVSS No. 213 is intended to remind Restraint Systems. Graco has filed an be considered to the extent possible. consumers that the child restraint was appropriate report dated March 13, When the petition is granted or denied, sold with instructions and to inform 2015, pursuant to 49 CFR part 573, notice of the decision will be published them where to find those instructions. Defect and Noncompliance in the Federal Register pursuant to the Because the subject child restraints are Responsibility and Reports. authority indicated below. sold with the instruction manual in a DATES: The closing date for comments plastic pouch on the child restraint’s on the petition is July 6, 2015. SUPPLEMENTARY INFORMATION: I. Graco’s Petition: Pursuant to 49 harness strap, Graco believes that the ADDRESSES: Interested persons are original consumer must initially interact U.S.C. 30118(d) and 30120(h) (see invited to submit written data, views, implementing rule at 49 CFR part 556), with the instructions in order to install and arguments on this petition. Graco submitted a petition for an the child seat, therefore achieving the Comments must refer to the docket and exemption from the notification and same result intended by the subject notice number cited at the beginning of remedy requirements of 49 U.S.C. label statement. Being thereby made this notice and submitted by any of the Chapter 301 on the basis that this aware of the instructions, the consumer following methods: noncompliance is inconsequential to can then place the instructions directly • Mail: Send comments by mail motor vehicle safety. into the storage location for future addressed to: U.S. Department of This notice of receipt of Graco’s access. Transportation, Docket Operations, petition is published under 49 U.S.C. (B) In a case of subsequent users, M–30, West Building Ground Floor, 30118 and 30120 and does not represent Graco believes the location of a properly Room W12–140, 1200 New Jersey any agency decision or other exercise of stored manual, near the top of the seat Avenue SE., Washington, DC 20590. judgement concerning the merits of the back, is readily visible and obvious due • Hand Deliver: Deliver comments by petition. to the size, shape and color contrast hand to: U.S. Department of II. Child Restraints Involved: Affected between the instruction manual and the Transportation, Docket Operations, are approximately 31,838 Graco seat back. M–30, West Building Ground Floor, ComportSport, Graco Classic Ride, and (C) Graco considers the risk of the Room W12–140, 1200 New Jersey Graco Ready Ride child restraints original consumer not placing the Avenue SE., Washington, DC 20590. manufactured between March 1, 2014 instruction manual into the proper The Docket Section is open on and February 28, 2015. storage location to be no different from weekdays from 10 a.m. to 5 p.m. except III. Noncompliance: Graco explains the risk where a subsequent user does Federal Holidays. that the noncompliance is due to a not place the instructions into the • Electronically: Submit comments labeling issue. The labels on the subject storage location after use. electronically by: Logging onto the child restraints do not contain the (D) Graco further notes that Federal Docket Management System instructional statement required by installation instructions are also readily (FDMS) Web site at http:// paragraph S5.5.2(g)(1)(iii) of FMVSS No. available on Graco’s Web site or by www.regulations.gov/. Follow the online 213. calling its customer hotline. instructions for submitting comments. IV. Rule Text: Paragraph In summation, Graco believes that the Comments may also be faxed to (202) S5.5.2(g)(1)(iii) of FMVSS No. 213 described noncompliance of the subject 493–2251. requires in pertinent part: child restraints is inconsequential to Comments must be written in the S5.5.2 The information specified in motor vehicle safety, and that its English language, and be no greater than paragraphs (a) through (m) of this section petition, to exempt Graco from wreier-aviles on DSK5TPTVN1PROD with NOTICES 15 pages in length, although there is no shall be stated in the English language and providing recall notification of limit to the length of necessary lettered in letters and numbers that are not noncompliance as required by 49 U.S.C. attachments to the comments. If smaller than 10 point type. Unless otherwise 30118 and remedying the recall comments are submitted in hard copy specified, the information shall be labeled on noncompliance as required by 49 U.S.C. a white background with black text. Unless form, please ensure that two copies are written in all capitals, the information shall 30120 should be granted. provided. If you wish to receive be stated in sentence capitalization. . . . NHTSA notes that the statutory confirmation that your comments were (g) The specified statements specified in provisions (49 U.S.C. 30118(d) and received, please enclose a stamped, self- paragraphs (1) and (2) 30120(h)) that permit manufacturers to VerDate Sep<11>2014 15:33 Jun 03, 2015 Jkt 235001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.SGM 04JNN1

Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices 31969 file petitions for a determination of Services Administration, the Secretary and Means, the Senate Committee on inconsequentiality allow NHTSA to of the Treasury is renewing the Treasury Banking, Housing and Urban Affairs, exempt manufacturers only from the Borrowing Advisory Committee of the and the House Committee on Financial duties found in sections 30118 and Securities Industry and Financial Services in Congress on or about May 30120, respectively, to notify owners, Markets Association (the ‘‘Committee’’). 11, 2015. purchasers, and dealers of a defect or FOR FURTHER INFORMATION CONTACT: Fred Dated: May 28, 2015. noncompliance and to remedy the Pietrangeli, Director, Office of Debt Fred Pietrangeli, defect or noncompliance. Therefore, any Management (202) 622–1876. Director of the Office of Debt Management. decision on this petition only applies to SUPPLEMENTARY INFORMATION: The [FR Doc. 2015–13573 Filed 6–3–15; 8:45 am] the subject child restraints that Graco no purpose of the Committee is to provide longer controlled at the time it BILLING CODE P informed advice as representatives of determined that the noncompliance the financial community to the existed. However, any decision on this Secretary of the Treasury and Treasury petition does not relieve child restraint staff, upon the Secretary of the DEPARTMENT OF VETERANS distributors and dealers of the Treasury’s request, in carrying out AFFAIRS prohibitions on the sale, offer for sale, Treasury responsibilities for Federal or introduction or delivery for financing and public debt management. Joint Biomedical Laboratory Research introduction into interstate commerce of The Committee meets to consider and and Development and Clinical Science the noncompliant child restraints under provide advice on special items Research and Development Services their control after Graco notified them pertaining to immediate Treasury Scientific Merit Review Board; that the subject noncompliance existed. funding requirements and longer term Amended Notice of Meeting Authority: 49 U.S.C. 30118, 30120: approaches to manage the national debt Notice is hereby given of a change in Delegations of authority at 49 CFR 1.95 and in a cost-effective manner. The the meeting of the Department of 501.8. Committee usually meets immediately Veterans Affairs (VA) teleconference Jeffrey Giuseppe, before Treasury announces each quarter meeting of Oncology-C Subcommittee of Director, Office of Vehicle Safety Compliance. funding operation, although special the Joint Biomedical Laboratory [FR Doc. 2015–13599 Filed 6–3–15; 8:45 am] meetings also may be held. Membership Research and Development and Clinical consists of up to 20 representative or Science Research and Development BILLING CODE 4910–59–P special government employee members Services Scientific Merit Review Board who are appointed by Treasury. The (JBL/CS SMRB), which was published members are senior-level officials who in the Federal Register on April 21, DEPARTMENT OF THE TREASURY are employed by primary dealers, 2015, 80 FR 22266. institutional investors, and other major The meeting notice is amended to Departmental Offices; Renewal of the participants in the government change the date of the meeting from Treasury Borrowing Advisory securities and financial markets as well June 3, 2015, at 1 p.m. to June 10, 2015, Committee of the Securities Industry as recognized experts in the fields of at 10 a.m. The meeting is closed to the and Financial Markets Association economics and finance, financial market public. ACTION: Notice of renewal. analysis, or financial institutions and Dated: June 1, 2015. markets. SUMMARY: In accordance with the The Treasury Department transmitted Rebecca Schiller, Federal Advisory Committee Act, as copies of the Committee’s renewal Advisory Committee Management Officer. amended (Pub. L. 92–463; 5 U.S.C. App. charter to the Senate Committee on [FR Doc. 2015–13619 Filed 6–3–15; 8:45 am] 2), with the concurrence of the General Finance, the House Committee on Ways BILLING CODE 8320–01–P wreier-aviles on DSK5TPTVN1PROD with NOTICES VerDate Sep<11>2014 15:33 Jun 03, 2015 Jkt 235001 PO 00000 Frm 00084 Fmt 4703 Sfmt 9990 E:\FR\FM\04JNN1.SGM 04JNN1


Document Created: 2015-12-15 15:23:50
Document Modified: 2015-12-15 15:23:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionReceipt of petition.
DatesThe closing date for comments on the petition is July 6, 2015.
FR Citation80 FR 31968 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR