80 FR 53914 - Baby Jogger, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 173 (September 8, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 173 (September 8, 2015)
| Page Range | 53914-53915 | |
| FR Document | 2015-22573 |
[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)] [Notices] [Pages 53914-53915] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22573] [[Page 53914]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0074; Notice 1] Baby Jogger, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: Baby Jogger, LLC (Baby Jogger), has determined that certain Baby Jogger rear-facing infant seats and bases do not fully comply with paragraphs S5.5, S5.6, S5.8, and S8.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. Baby Jogger has filed an appropriate report dated June 4, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is October 8, 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. Overview Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Baby Jogger 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 Baby Jogger'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 Restraints Involved Affected are approximately 15,103 of the following Baby Jogger rear-facing infant seats and bases manufactured between November 3, 2014 and April 30, 2015: City GO Infant Car Seat/Model No. BJ64510 City GO Infant Car Seat/Model No. BJ64529 City GO Base for Infant Car Seat/Model No. BJ80400 City GO Base for Infant Car Seat/Model No. BJ61500 City Mini Infant Cars Seat/Stroller Travel System/Model No.BJ72510 Vue Lite Infant Car Seat/Stroller Travel System/Model No. BJ70411 Vue Lite Infant Car Seat/Stroller Travel System/Model No. BJ70424 Vue Lite Infant Car Seat/Stroller Travel System/Model No. BJ70431 III. Noncompliances Baby Jogger explains that the affected child restraints do not fully comply with the numerous paragraphs of FMVSS No. 213 for the following reasons: Paragraph S5.5.2--The required information in English is no smaller than 10 point type, but the Spanish information is smaller at about 7 point type. This only applies to models BJ64510 and BJ64529. Paragraph S5.5.2(d)--The ``manufactured in address'' on the label is in about 8 font which is smaller than the required 10 point type. Paragraph S5.5.2(m)--The required ``Child restraints could be recalled for safety reasons . . .'' text is on a black background with white text instead of black text on a white background. Paragraph S5.5.2(g)(1)--The label has the ``Follow all instructions. . .'' ahead of the ``Secure this child restraint statement . . .'' instead of the reverse order as required. This noncompliance only affects models BJ64510 and BJ64529. Paragraph S5.5.2(n)--The label has ``This child restraint is certified for use in motor vehicles and aircraft.'' Other than the first word, no words other words are capitalized. Paragraph S5.5.2.(k)(3)(ii)--The message area measures 23.4 square cm on models BJ70411, BJ70424 and BJ70431 which is less than the minimum required message area of 30 square cm. Paragraph S5.5.2.(k)(3)(iii)--On models BJ70411, BJ70424 and BJ70431 the red circle on the required pictogram is 29mm in diameter which is less than the required 30mm in diameter. Paragraph S5.6.1.7--The instruction manuals do not include reference to the required Web site in the section regarding child restraint recalls. Paragraph S5.6.3--The instruction manuals do not include the required statement ``A snug strap should not allow any slack . . .'' Paragraph S5.8.2(a)(1)--The electronic registration form does not have the required statement ``FOR YOUR CHILD'S CONTINUED SAFETY . . .'' Paragraph S5.8.1(b)(2)--Figure 9a requires minimum 10% screen tint on the lower half of the form. The form is missing the required tinting. Paragraph S8.1--No instructions for installing the system in an aircraft passenger seat were provided. IV. Summary of Baby Jogger's Analyses Baby Jogger organized its reasoning to substantiate inconsequentiality into the following five groupings that it believes are similar issues between the numerous noncompliances: a. Information Type Size/Capitalization/Presentation order b. Background color c. On-Product Label Message Area and Pictogram Sizes d. Omitted Information e. Spanish Language Type Size Refer to Baby Jogger's petition for their complete reasoning and associated [[Page 53915]] illustrations. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2015-0074.'' Baby Jogger additionally informed NHTSA that they have corrected all labeling noncompliances and that all future productions of the infant car seat/stroller systems and stand-alone units will be in full compliance with FMVSS No. 213. In summation, Baby Jogger believes that the described noncompliance of the subject infant car seat/stroller systems and standalone units is inconsequential to motor vehicle safety, and that its petition, to exempt Baby Jogger 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 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 Baby Jogger 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 Baby Jogger 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. 2015-22573 Filed 9-4-15; 8:45 am] BILLING CODE 4910-59-P
![53914 Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices
DEPARTMENT OF TRANSPORTATION addressed postcard with the comments. III. Noncompliances
Note that all comments received will be Baby Jogger explains that the affected
National Highway Traffic Safety posted without change to http:// child restraints do not fully comply
Administration www.regulations.gov, including any with the numerous paragraphs of
[Docket No. NHTSA–2015–0074; Notice 1] personal information provided. FMVSS No. 213 for the following
Documents submitted to a docket may reasons:
Baby Jogger, LLC, Receipt of Petition be viewed by anyone at the address and
Paragraph S5.5.2—The required
for Decision of Inconsequential times given above. The documents may information in English is no smaller than 10
Noncompliance also be viewed on the Internet at http:// point type, but the Spanish information is
www.regulations.gov by following the smaller at about 7 point type. This only
AGENCY: National Highway Traffic online instructions for accessing the applies to models BJ64510 and BJ64529.
Safety Administration (NHTSA), dockets. DOT’s complete Privacy Act Paragraph S5.5.2(d)—The ‘‘manufactured
Department of Transportation (DOT). Statement is available for review in the in address’’ on the label is in about 8 font
ACTION: Receipt of petition. Federal Register published on April 11, which is smaller than the required 10 point
type.
2000, (65 FR 19477–78). Paragraph S5.5.2(m)—The required ‘‘Child
SUMMARY: Baby Jogger, LLC (Baby
The petition, supporting materials, restraints could be recalled for safety reasons
Jogger), has determined that certain
and all comments received before the . . .’’ text is on a black background with
Baby Jogger rear-facing infant seats and
close of business on the closing date white text instead of black text on a white
bases do not fully comply with background.
indicated below will be filed and will be
paragraphs S5.5, S5.6, S5.8, and S8.1 of Paragraph S5.5.2(g)(1)—The label has the
considered. All comments and
Federal Motor Vehicle Safety Standard ‘‘Follow all instructions. . .’’ ahead of the
supporting materials received after the
(FMVSS) No. 213, Child Restraint ‘‘Secure this child restraint statement . . .’’
closing date will also be filed and will
Systems. Baby Jogger has filed an instead of the reverse order as required. This
be considered to the extent possible. noncompliance only affects models BJ64510
appropriate report dated June 4, 2015,
When the petition is granted or denied, and BJ64529.
pursuant to 49 CFR part 573, Defect and
notice of the decision will be published Paragraph S5.5.2(n)—The label has ‘‘This
Noncompliance Responsibility and
in the Federal Register pursuant to the child restraint is certified for use in motor
Reports. vehicles and aircraft.’’ Other than the first
authority indicated below.
DATES: The closing date for comments word, no words other words are capitalized.
SUPPLEMENTARY INFORMATION: Paragraph S5.5.2.(k)(3)(ii)—The message
on the petition is October 8, 2015.
I. Overview area measures 23.4 square cm on models
ADDRESSES: Interested persons are
BJ70411, BJ70424 and BJ70431 which is less
invited to submit written data, views, Pursuant to 49 U.S.C. 30118(d) and than the minimum required message area of
and arguments on this petition. 30120(h) (see implementing rule at 49 30 square cm.
Comments must refer to the docket and CFR part 556), Baby Jogger submitted a Paragraph S5.5.2.(k)(3)(iii)—On models
notice number cited at the beginning of petition for an exemption from the BJ70411, BJ70424 and BJ70431 the red circle
this notice and submitted by any of the notification and remedy requirements of on the required pictogram is 29mm in
following methods: diameter which is less than the required
49 U.S.C. Chapter 301 on the basis that 30mm in diameter.
• Mail: Send comments by mail this noncompliance is inconsequential Paragraph S5.6.1.7—The instruction
addressed to: U.S. Department of to motor vehicle safety. manuals do not include reference to the
Transportation, Docket Operations, M– This notice of receipt of Baby Jogger’s required Web site in the section regarding
30, West Building Ground Floor, Room petition is published under 49 U.S.C. child restraint recalls.
W12–140, 1200 New Jersey Avenue SE., 30118 and 30120 and does not represent Paragraph S5.6.3—The instruction manuals
Washington, DC 20590. any agency decision or other exercise of do not include the required statement ‘‘A
• Hand Deliver: Deliver comments by judgment concerning the merits of the
snug strap should not allow any slack . . .’’
hand to: U.S. Department of Paragraph S5.8.2(a)(1)—The electronic
petition. registration form does not have the required
Transportation, Docket Operations, M–
II. Child Restraints Involved statement ‘‘FOR YOUR CHILD’S
30, West Building Ground Floor, Room CONTINUED SAFETY . . .’’
W12–140, 1200 New Jersey Avenue SE., Affected are approximately 15,103 of Paragraph S5.8.1(b)(2)—Figure 9a requires
Washington, DC 20590. The Docket the following Baby Jogger rear-facing minimum 10% screen tint on the lower half
Section is open on weekdays from 10 infant seats and bases manufactured of the form. The form is missing the required
a.m. to 5 p.m. except Federal Holidays. between November 3, 2014 and April tinting.
• Electronically: Submit comments 30, 2015:
Paragraph S8.1—No instructions for
electronically by: logging onto the installing the system in an aircraft passenger
• City GO Infant Car Seat/Model No. seat were provided.
Federal Docket Management System BJ64510
(FDMS) Web site at http:// IV. Summary of Baby Jogger’s Analyses
• City GO Infant Car Seat/Model No.
www.regulations.gov/. Follow the online
BJ64529 Baby Jogger organized its reasoning to
instructions for submitting comments.
Comments may also be faxed to (202) • City GO Base for Infant Car Seat/ substantiate inconsequentiality into the
Model No. BJ80400 following five groupings that it believes
493–2251.
Comments must be written in the • City GO Base for Infant Car Seat/ are similar issues between the numerous
Model No. BJ61500 noncompliances:
English language, and be no greater than
asabaliauskas on DSK5VPTVN1PROD with NOTICES
• City Mini Infant Cars Seat/Stroller a. Information Type Size/
15 pages in length, although there is no Capitalization/Presentation order
limit to the length of necessary Travel System/Model No.BJ72510
b. Background color
attachments to the comments. If • Vue Lite Infant Car Seat/Stroller c. On-Product Label Message Area
comments are submitted in hard copy Travel System/Model No. BJ70411 and Pictogram Sizes
form, please ensure that two copies are • Vue Lite Infant Car Seat/Stroller d. Omitted Information
provided. If you wish to receive Travel System/Model No. BJ70424 e. Spanish Language Type Size
confirmation that your comments were • Vue Lite Infant Car Seat/Stroller Refer to Baby Jogger’s petition for
received, please enclose a stamped, self- Travel System/Model No. BJ70431 their complete reasoning and associated
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![Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices 53915
illustrations. To view the petition and DEPARTMENT OF TRANSPORTATION Decided: August 31, 2015.
all supporting documents log onto the Kenyatta Clay,
Federal Docket Management System Surface Transportation Board Clearance Clerk.
(FDMS) Web site at: http:// [FR Doc. 2015–22537 Filed 9–4–15; 8:45 am]
www.regulations.gov/. Then follow the [Docket No. FD 34075] BILLING CODE 4915–01–P
online search instructions to locate
docket number ‘‘NHTSA–2015–0074.’’ Six County Association of
Governments—Construction and DEPARTMENT OF TRANSPORTATION
Baby Jogger additionally informed
Operation Exemption—A Rail Line
NHTSA that they have corrected all Surface Transportation Board
Between Levan and Salina, Utah
labeling noncompliances and that all
future productions of the infant car seat/ AGENCY: Surface Transportation Board, Information Collection Activities:
stroller systems and stand-alone units DOT. Statutory Licensing and Consolidation
will be in full compliance with FMVSS Authority
No. 213. ACTION: Notice of construction and
operation exemption. AGENCY: Surface Transportation Board,
In summation, Baby Jogger believes DOT.
that the described noncompliance of the 30-day notice and request for
ACTION:
SUMMARY: The Board is granting an
subject infant car seat/stroller systems comments.
exemption under 49 U.S.C. 10502 from
and standalone units is inconsequential
the prior approval requirements of 49
to motor vehicle safety, and that its SUMMARY: As part of its continuing effort
U.S.C. 10901 for Six County Association
petition, to exempt Baby Jogger from to reduce paperwork burdens, and as
of Governments (Six County) to
providing recall notification of required by the Paperwork Reduction
construct and operate a new line of
noncompliance as required by 49 U.S.C. Act of 1995, 44 U.S.C. 3501–3519 (PRA),
railroad between Salina, Utah, and a the Surface Transportation Board
30118 and remedying the recall connection with an existing line of the
noncompliance as required by 49 U.S.C. (Board) gives notice that it is requesting
Union Pacific Railroad Company near from the Office of Management and
30120 should be granted. Juab, Utah. The rail line would provide Budget (OMB) approval of an extension
NHTSA notes that the statutory an alternative rail service option to local of the information collection—Statutory
provisions (49 U.S.C. 30118(d) and industries, particularly the Southern Licensing and Consolidation
30120(h)) that permit manufacturers to Utah Fuel Company coal mine located Authority—further described below.
file petitions for a determination of about 30 miles northeast of Salina. This The Board previously published a
inconsequentiality allow NHTSA to exemption is subject to environmental notice about this collection in the
exempt manufacturers only from the mitigation conditions. Federal Register. 80 FR 38,508 (July 6,
duties found in sections 30118 and DATES: The exemption will be effective 2015). That notice allowed for a 60-day
30120, respectively, to notify owners, on October 3, 2015; petitions for public review and comment period. One
purchasers, and dealers of a defect or reconsideration must be filed by comment was received and is addressed
noncompliance and to remedy the September 23, 2015. in the agency’s submission to OMB as
defect or noncompliance. Therefore, any part of this approval process.
ADDRESSES: An original and 10 copies of Under 49 U.S.C. 10901–03 and
decision on this petition only applies to
all pleadings, referring to Docket No. FD §§ 11323–26, rail carriers and non-
the subject child restraints that Baby
34075 must be filed with the Surface carriers are required to file an
Jogger no longer controlled at the time Transportation Board, 395 E Street SW.,
it determined that the noncompliance application with the Board, or seek an
Washington DC 20423–0001. In exemption (through petition or notice)
existed. However, any decision on this addition, one copy of each filing in this
petition does not relieve child restraint from the full application process under
proceeding must be served on § 10502, before they may construct,
distributors and dealers of the petitioner’s representative: Sandra L.
prohibitions on the sale, offer for sale, acquire, or operate a line of railroad;
Brown, Thompson Hine LLP, 1919 M abandon or discontinue operations over
or introduction or delivery for Street NW., Suite 700, Washington, DC
introduction into interstate commerce of a line of railroad; or consolidate their
20036–1600. interests through a merger or common-
the noncompliant child restraints under
FOR FURTHER INFORMATION CONTACT: control arrangement. (The relevant
their control after Baby Jogger notified
Nathaniel Bawcombe, (202) 245–0376. information collections are described in
them that the subject noncompliance more detail below.)
(Assistance for the hearing impaired is
existed. Comments are requested concerning:
available through the Federal
Authority: 49 U.S.C. 30118, 30120: Information Relay Service (FIRS) at: (1) The accuracy of the Board’s burden
delegations of authority at 49 CFR 1.95 and (800) 877–8339). Copies of written estimates; (2) ways to enhance the
501.8. filings will be available for viewing and quality, utility, and clarity of the
self-copying at the Board’s Public information collected; (3) ways to
Jeffrey Giuseppe,
Docket Room, Room 131, and will be minimize the burden of the collection of
Director, Office of Vehicle Safety Compliance. information on the respondents,
posted to the Board’s Web site.
[FR Doc. 2015–22573 Filed 9–4–15; 8:45 am] including the use of automated
asabaliauskas on DSK5VPTVN1PROD with NOTICES
BILLING CODE 4910–59–P
SUPPLEMENTARY INFORMATION: collection techniques or other forms of
Additional information is contained in information technology, when
the Board’s decision. Board decisions appropriate; and (4) whether the
and notices are available on our Web collection of information is necessary
site at ‘‘WWW.STB.DOT.GOV.’’ for the proper performance of the
By the Board, Chairman Elliott, Vice functions of the Board, including
Chairman Begeman, and Commissioner whether the collection has practical
Miller. utility.
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Document Created: 2018-02-26 10:13:42
Document Modified: 2018-02-26 10:13:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is October 8, 2015. | |
| FR Citation | 80 FR 53914 |
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