81 FR 59268 - Graco Children's Products, Inc., Denial of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 167 (August 29, 2016)

Page Range		59268-59270
FR Document		2016-20560

Graco Children's Products, Inc. (Graco), has determined that certain Graco Milestone child restraints manufactured between July 9, 2015 and October 6, 2015, do not fully comply with paragraph S5.5.2(g)(1)(ii) of Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. Graco filed a report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Graco then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety. NHTSA is denying the petition.

Federal Register, Volume 81 Issue 167 (Monday, August 29, 2016)

[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59268-59270]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20560]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0127; Notice 2]


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

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

ACTION: Denial of petition.

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SUMMARY: Graco Children's Products, Inc. (Graco), has determined that 
certain Graco Milestone child restraints manufactured between July 9, 
2015 and October 6, 2015, do not fully comply with paragraph 
S5.5.2(g)(1)(ii) of Federal Motor Vehicle Safety Standard (FMVSS) No. 
213, Child Restraint Systems. Graco filed a report pursuant to 49 CFR 
part 573, Defect and Noncompliance Responsibility and Reports. Graco 
then petitioned NHTSA under 49 CFR part 556 requesting a decision that 
the subject noncompliance is inconsequential to motor vehicle safety. 
NHTSA is denying the petition.

ADDRESSES: For further information on this decision contact Zachary 
Fraser,

[[Page 59269]]

Office of Vehicles Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5754, facsimile 
(202) 366-5930.

SUPPLEMENTARY INFORMATION:
    I. Overview: 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.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on February 17, 2016, in the Federal Register 
(81 FR 8123). No comments were received. 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-2015-0127.''
    II. Child Restraints Involved: Affected are approximately 8,240 
Graco Milestone child restraints manufactured between July 9, 2015 and 
October 2, 2015.
    III. Noncompliance: Graco explains that the noncompliance is an 
omitted statement on the child restraint's label. The labels on the 
subject child restraints do not contain the phrase ``Secure this child 
restraint with the vehicle's child restraint anchorage system, if 
available, or with a vehicle belt'' as required by paragraph 
S5.5.2(g)(1)(ii) of FMVSS No. 213.
    IV. Rule Text: Paragraph S5.5.2(g)(1)(ii) 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 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: . . .
    (ii) Secure this child restraint with the vehicle's child 
restraint anchorage system if available or with a vehicle belt. [For 
car beds, harnesses, and belt positioning boosters, the first part 
of the statement regarding attachment by the child restraint 
attachment by the child restraint anchorage system is optional]. . . 
.

    V. Summary of Graco's Analyses: Graco stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:

    (1) Graco stated that visual pictograms affixed to the subject 
child restraints show the rear-facing and forward-facing child 
restraint being secured using the child restraint anchorage system 
and using a vehicle belt (both with a lap only seat belt and lap/
shoulder seat belt). The pictogram showing the rear-facing child 
restraint is located on the noncompliant label just below the 
omitted required phrase. The pictogram showing the forward-facing 
child restraint is located on a label in a different location on the 
restraint. Graco believes that the pictograms provide the same 
information as the omitted language required by FMVSS No. 213.
    (2) Graco also stated that in addition to the pictograms that 
describe how to secure the child restraint in the vehicle using the 
child restraint anchorage system and the vehicle belt, the printed 
instruction manual provided with the subject child restraints 
includes procedures to secure the child restraint in rear-facing and 
forward-facing modes using the child restraint anchorage system as 
well as the vehicle seat belt systems. The instruction manual also 
includes multiple prominently placed safety warnings regarding the 
need to secure the child restraint with the child restraint 
anchorage system or the vehicle seat belt. Graco added that for 
those consumers who obtain a child restraint second hand or without 
the instruction manual, the pictograms on the labels suffice for 
providing the omitted information.
    (3) Graco stated its belief that consumers generally understand 
that child restraints must be installed/secured in a vehicle's seat 
to be effective. Graco also stated that consumers will be visually 
drawn to illustrations showing the child restraint being secured in 
the vehicle thus the omitted required phrase does not affect the 
crashworthiness of the child restraint. Graco has additionally 
informed NHTSA that it has corrected the noncompliance so that child 
restraints produced after October 2, 2015, comply with all 
applicable labeling requirements of FMVSS No. 213.

    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 the noncompliance as required by 49 U.S.C. 30118 and 
remedying the noncompliance as required by 49 U.S.C. 30120 should be 
granted.

NHTSA'S Decision

    NHTSA's Analysis: The omitted label text required by 
S5.5.2(g)(1)(ii) of FMVSS No. 213, instructs a caregiver using the 
child seat to secure the child restraint with the vehicle's child 
restraint anchorage system if available or with a vehicle belt. The 
text is required to be placed under a larger label heading required by 
S5.5.2(g)(1) which states ``WARNING! DEATH or SERIOUS INJURY can 
occur'' capitalized as written and followed by bulleted statements in 
sequential order, beginning with important instructions for rear-facing 
usage, the maximum mass of children that can safely occupy the system, 
proper adjustment of the belts provided with the child restraint, 
instructions for securing the child restraint tether and the child 
restraint to the vehicle, and guidance on using and storing the 
instruction manual and on registering the restraint for recall 
notification purposes. The importance of the statement omitted by Graco 
is underscored by the requirement that it be located under this warning 
heading on the label.
    The agency is not persuaded by Graco's statements that the missing 
statement is inconsequential to safety. Even though the subject child 
restraints are sold with labels that contain pictograms showing 
installations of rear-facing and forward-facing child restraints with 
anchorage systems and vehicle seat belt systems, the consumer may not 
be forewarned of the importance of the information being conveyed in 
these labels due to the omitted statement and its location under the 
capitalized warning heading.
    Graco further contends that the printed instruction manual contains 
written procedures to secure the child restraint in rear-facing and 
forward-facing modes using anchorage systems and vehicle seat belt 
systems. Also, for those consumers who obtain a child restraint second-
hand or without the instruction manual, Graco believes the pictograms 
on the labels suffice for providing the omitted information.
    The agency disagrees with Graco's contention that since the printed 
instruction manual contains written instructions to install the child 
restraint in the rear-facing and forward-facing modes with anchorage 
systems and vehicle seat belt systems, the missing statement is 
inconsequential to safety. Even though the subject child restraints are 
required to be sold with a printed instruction manual containing 
written procedures for securing the child restraint in the vehicle, the 
consumer may not be forewarned to use the manual for specific 
instructions to properly secure the child restraint in the vehicle due 
to the omitted required statement. Consumers who may obtain a child 
restraint second-hand or without the instruction manual, would, 
according to Graco, be provided the omitted information with the

[[Page 59270]]

pictograms on the labels. The agency stated above that the consumer may 
not be forewarned of the importance of the information being conveyed 
in these labels due to the omitted statement and its location under the 
capitalized warning heading.
    Graco stated its belief that consumers generally understand that 
child restraints must be installed/secured in a vehicle's seat to be 
effective. Graco also stated that consumers will be visually drawn to 
illustrations showing the child restraint being secured in the vehicle, 
thus, the omitted required phrase does not affect the crashworthiness 
of the child restraint. Graco has presented no evidence to support this 
claim. In fact, the agency is aware of instances of gross misuse in the 
past where child restraints were found completely unattached to the 
vehicle seat. NHTSA does not agree that consumers necessarily 
understand the proper installation of child restraints in a vehicle 
seat, especially in a child restraint without the required statement. 
Also, NHTSA does not agree that consumers will necessarily be visually 
drawn to illustrations showing the child restraint being secured in the 
vehicle.
    In summation, the agency believes that all the requirements 
contained in FMVSS No. 213 pertaining to the proper securement of a 
child restraint in a vehicle as described in the required statement 
omitted by Graco and included in the pictograms and printed instruction 
manuals are necessary to convey this important information.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that Graco has not met its burden of persuasion that the FMVSS No. 213 
noncompliance is inconsequential to motor vehicle safety. Accordingly, 
Graco's petition is hereby denied and Graco is obligated to provide 
notification of, and a free remedy for, that noncompliance under 49 
U.S.C. 30118 and 30120.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

Gregory K. Rea,
Associate Administrator for Enforcement.
[FR Doc. 2016-20560 Filed 8-26-16; 8:45 am]
 BILLING CODE 4910-59-P

59270 Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Notices

pictograms on the labels. The agency ACTION: Notice. Dated: August 23, 2016.
stated above that the consumer may not Andrea M. Gacki,
be forewarned of the importance of the SUMMARY: The Treasury Department’s Acting Director, Office of Foreign Assets
information being conveyed in these Office of Foreign Assets Control (OFAC) Control.
labels due to the omitted statement and is publishing the names of two [FR Doc. 2016–20583 Filed 8–26–16; 8:45 am]
its location under the capitalized individuals whose property and BILLING CODE 4810–AL–P
warning heading. interests in property are blocked
Graco stated its belief that consumers pursuant to Executive Order (E.O.)
generally understand that child 13667 and whose names have been DEPARTMENT OF THE TREASURY
restraints must be installed/secured in a added to OFAC’s list of Specially
vehicle’s seat to be effective. Graco also Submission for OMB Review;
Designated Nationals and Blocked Comment Request
stated that consumers will be visually
Persons (SDN List).
drawn to illustrations showing the child August 24, 2016.
restraint being secured in the vehicle, DATES: OFAC’s actions described in this The Department of the Treasury will
thus, the omitted required phrase does notice were effective August 23, 2016. submit the following information
not affect the crashworthiness of the collection request to the Office of
FOR FURTHER INFORMATION CONTACT: The
child restraint. Graco has presented no Management and Budget (OMB) for
evidence to support this claim. In fact, Department of the Treasury’s Office of
Foreign Assets Control: Assistant review and clearance in accordance
the agency is aware of instances of gross with the Paperwork Reduction Act of
misuse in the past where child restraints Director for Licensing, tel.: 202–622–
2480, Assistant Director for Regulatory 1995, Public Law 104–13, on or after the
were found completely unattached to date of publication of this notice.
the vehicle seat. NHTSA does not agree Affairs, tel.: 202–622–4855, Assistant
Director for Sanctions Compliance & DATES: Comments should be received on
that consumers necessarily understand or before September 28, 2016 to be
the proper installation of child restraints Evaluation, tel.: 202–622–2490; or the
Department of the Treasury’s Office of assured of consideration.
in a vehicle seat, especially in a child
the Chief Counsel (Foreign Assets ADDRESSES: Send comments regarding
restraint without the required statement.
Control), Office of the General Counsel, the burden estimates, or any other
Also, NHTSA does not agree that
tel.: 202–622–2410. aspect of the information collection,
consumers will necessarily be visually
including suggestions for reducing the
drawn to illustrations showing the child SUPPLEMENTARY INFORMATION: burden, to (1) Office of Information and
restraint being secured in the vehicle.
Regulatory Affairs, Office of
In summation, the agency believes Electronic and Facsimile Availability
Management and Budget, Attention:
that all the requirements contained in
The SDN List and additional Desk Officer for Treasury, New
FMVSS No. 213 pertaining to the proper
information concerning OFAC sanctions Executive Office Building, Room 10235,
securement of a child restraint in a
programs are available from OFAC’s Washington, DC 20503, or email at
vehicle as described in the required
Web site (www.treasury.gov/ofac). OIRA_Submission@OMB.EOP.gov and
statement omitted by Graco and
(2) Treasury PRA Clearance Officer,
included in the pictograms and printed Notice of OFAC Actions 1750 Pennsylvania Ave. NW., Suite
instruction manuals are necessary to
8117, Washington, DC 20220, or email
convey this important information. On August 23, 2016, OFAC blocked at PRA@treasury.gov.
NHTSA’s Decision: In consideration the property and interests in property of
of the foregoing, NHTSA finds that FOR FURTHER INFORMATION CONTACT:
the following individuals pursuant to
Graco has not met its burden of Copies of the submission may be
E.O. 13667, ‘‘Blocking Property of
persuasion that the FMVSS No. 213 obtained by emailing PRA@treasury.gov,
Certain Persons Contributing to the calling (202) 622–1295, or viewing the
noncompliance is inconsequential to Conflict in the Central African
motor vehicle safety. Accordingly, entire information collection request at
Republic’’: www.reginfo.gov.
Graco’s petition is hereby denied and
Graco is obligated to provide 1. KONY, Ali (a.k.a. BASHIR, Ali Lalobo;
Bureau of the Fiscal Service
notification of, and a free remedy for, a.k.a. KAPERE, Otim; a.k.a. KONY, Ali
Mohammed; a.k.a. LABOLA, Ali OMB Control Number: 1530–0022.
that noncompliance under 49 U.S.C. Type of Review: Revision of a
Mohammed; a.k.a. LABOLO, Ali
30118 and 30120. currently approved collection.
Mohammad; a.k.a. LALOBO, Ali; a.k.a.
Authority: 49 U.S.C. 30118, 30120: LALOBO, Ali Bashir; a.k.a. LALOBO, Ali Title: Electronic Funds Transfer (EFT)
delegations of authority at 49 CFR 1.95 and Mohammed; a.k.a. SALONGO, Ali Market Research Study.
501.8. Abstract: This information collection
Mohammed; a.k.a. ‘‘1–P’’; a.k.a. ‘‘Bashir’’;
Gregory K. Rea, a.k.a. ‘‘Caesar’’; a.k.a. ‘‘MOHAMMED, Ali’’; is a generic clearance to conduct
a.k.a. ‘‘One-P’’), Kafia Kingi; DOB 1994; alt. customer satisfaction surveys, focus
Associate Administrator for Enforcement.
DOB 1995; alt. DOB 1993; alt. DOB 1992 groups, and interviews among recipients
[FR Doc. 2016–20560 Filed 8–26–16; 8:45 am]
(individual) [CAR] (Linked To: KONY, of federal benefit and vendor payments
BILLING CODE 4910–59–P through EFT. The need for this market
Joseph; Linked To: LORD’S RESISTANCE
ARMY). research continues to arise from a
2. KONY, Salim (a.k.a. KONY, Salim Saleh; Congressional directive that
DEPARTMENT OF THE TREASURY accompanied legislation enacted in
jstallworth on DSK7TPTVN1PROD with NOTICES

a.k.a. OBOL, Simon Salim; a.k.a. OGARO,
Salim; a.k.a. OGARO, Salim Saleh Obol; 1996, as part of the Debt Collection
Office of Foreign Assets Control Improvement Act (Pub. L. 104–134),
a.k.a. SALEH, Salim; a.k.a. SALIM, Okolu),
Sanctions Actions Pursuant to Kafia Kingi; Central African Republic; DOB expanding the scope of check recipients
Executive Order 13667 1992; alt. DOB 1991; alt. DOB 1993 required to use direct deposit to receive
(individual) [CAR] (Linked To: KONY, Federal benefit payments (see 31 U.S.C.
AGENCY: Office of Foreign Assets Joseph; Linked To: LORD’S RESISTANCE 3332). Congress directed Treasury to
Control, Treasury. ARMY). ‘‘study the socioeconomic and

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Document Created: 2016-08-26 23:49:25
Document Modified: 2016-08-26 23:49:25

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		Denial of petition.
FR Citation		81 FR 59268

81 FR 59268 - Graco Children's Products, Inc., Denial of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 81, Issue 167 (August 29, 2016)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration