81_FR_8154 81 FR 8123 - Graco Children's Products, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

81 FR 8123 - Graco Children's Products, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 31 (February 17, 2016)

Page Range8123-8125
FR Document2016-03202

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.

Federal Register, Volume 81 Issue 31 (Wednesday, February 17, 2016)
[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8123-8125]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03202]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0127; 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 Milestone child restraints

[[Page 8124]]

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.

DATES: The closing date for comments on the petition is March 18, 2016.

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 above 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), 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 judgment concerning the merits of the petition.
    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 due to 
a labeling issue. 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 the noncompliant label provides visual 
pictograms showing the rear-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). This pictogram 
is located on the same label just below where the omitted phrase is 
required to be, and provides the same substance as the 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 
written step-by-step installation procedures. The manual also describes 
why and how 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 additionally includes 
multiple prominently placed safety warning regarding the need to secure 
the child restraint with the child restraint anchorage system or the 
vehicle seat belt.
    (3) Graco stated its belief that the consumers generally 
understanding that child restraints must be installed/secured a 
vehicle's seat to be effective. Graco also stated its belief that with 
respect to labels and instructions, consumers are often drawn first to 
illustrations and pictograms.
    (4) Graco also stated its belief that the absence of the omitted 
phrase from the label does not affect the crashworthiness of the child 
restraint system.
    Graco has additionally informed NHTSA that it has corrected the 
noncompliance so that future production of the subject child restraints 
will 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 notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of

[[Page 8125]]

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 
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 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 M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-03202 Filed 2-16-16; 8:45 am]
 BILLING CODE 4910-59-P



                                                                              Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Notices                                                  8123

                                                       OMB Control Number: 2126–0004.                       or include your comments in the request               SUPPLEMENTARY INFORMATION:     As
                                                       Type of Request: Extension of a                      for OMB’s clearance of this information               described by the applicant the intended
                                                    currently approved ICR.                                 collection.                                           service of the vessel
                                                       Respondents: Motor carriers and                        Issued under the authority of 49 CFR 1.87           TEMOANANUIAKIVA is:
                                                    drivers of commercial motor vehicles.                   on February 5, 2016.                                     INTENDED COMMERCIAL USE OF
                                                       Estimated Number of Respondents:                     Kelly Regal,                                          VESSEL: ‘‘Snorkel and sailing day use’’
                                                    6.2 million (5.7 million drivers and .5                 Associate Administrator for Office of
                                                                                                                                                                     GEOGRAPHIC REGION: ‘‘Hawaii’’
                                                    million motor carriers.                                 Research and Information Technology.                     The complete application is given in
                                                       Estimated Time per Response: 28                      [FR Doc. 2016–03183 Filed 2–16–16; 8:45 am]
                                                                                                                                                                  DOT docket MARAD–2016–0009 at
                                                    minutes (average).                                                                                            http://www.regulations.gov. Interested
                                                                                                            BILLING CODE 4910–EX–P
                                                       Expiration Date: July 31, 2016.                                                                            parties may comment on the effect this
                                                       Frequency of Response: Responses to                                                                        action may have on U.S. vessel builders
                                                    some regulatory requirements of the                     DEPARTMENT OF TRANSPORTATION                          or businesses in the U.S. that use U.S.-
                                                    driver qualification rules occur on a                                                                         flag vessels. If MARAD determines, in
                                                    random basis. Other responses occur                     Maritime Administration                               accordance with 46 U.S.C. 12121 and
                                                    more predictably. Some responses recur;                                                                       MARAD’s regulations at 46 CFR part
                                                    others do not. For example, motor                       [Docket No. MARAD–2016 0009]                          388, that the issuance of the waiver will
                                                    carriers are required to obtain and                                                                           have an unduly adverse effect on a U.S.-
                                                    review the motor vehicle driving record                 Requested Administrative Waiver of                    vessel builder or a business that uses
                                                    of their drivers from the State of                      the Coastwise Trade Laws: Vessel                      U.S.-flag vessels in that business, a
                                                    licensure. They must complete this task                 TEMOANANUIAKIVA; Invitation for                       waiver will not be granted. Comments
                                                    at the time of hiring and every year                    Public Comments                                       should refer to the docket number of
                                                    thereafter. The time-of-hiring                                                                                this notice and the vessel name in order
                                                                                                            AGENCY: Maritime Administration,
                                                    requirement results in a random                                                                               for MARAD to properly consider the
                                                                                                            Department of Transportation.
                                                    frequency of response, but, thereafter,                                                                       comments. Comments should also state
                                                    the annual requirement results in a                     ACTION: Notice.                                       the commenter’s interest in the waiver
                                                    fixed frequency of response.                            SUMMARY:   As authorized by 46 U.S.C.                 application, and address the waiver
                                                       Estimated Total Annual Burden: 9.8                   12121, the Secretary of Transportation,               criteria given in § 388.4 of MARAD’s
                                                    million hours.                                          as represented by the Maritime                        regulations at 46 CFR part 388.
                                                    Definitions                                             Administration (MARAD), is authorized                 Privacy Act
                                                                                                            to grant waivers of the U.S.-build
                                                       (1) ‘‘Federal Motor Carrier Safety
                                                                                                                                                                    Anyone is able to search the
                                                                                                            requirement of the coastwise laws under
                                                    Regulations’’ (FMCSRs) are parts 350–399 of                                                                   electronic form of all comments
                                                                                                            certain circumstances. A request for
                                                    Title 49 of the Code of Federal Regulations.                                                                  received into any of our dockets by the
                                                                                                            such a waiver has been received by
                                                    (2) ‘‘Commercial Motor Vehicle’’ (CMV) is ‘‘a                                                                 name of the individual submitting the
                                                                                                            MARAD. The vessel, and a brief
                                                    self-propelled or towed vehicle used on the                                                                   comment (or signing the comment, if
                                                    highways in interstate commerce to transport
                                                                                                            description of the proposed service, is
                                                                                                                                                                  submitted on behalf of an association,
                                                    passengers or property, if the vehicle—                 listed below.
                                                                                                                                                                  business, labor union, etc.). You may
                                                       (A) has a gross vehicle weight rating or             DATES: Submit comments on or before                   review DOT’s complete Privacy Act
                                                    gross combination weight rating, or gross               March 23, 2016.                                       Statement in the Federal Register
                                                    vehicle weight or gross combination weight,
                                                                                                            ADDRESSES: Comments should refer to                   published on April 11, 2000 (Volume
                                                    of at least 10,001 pounds, whichever is
                                                    greater;
                                                                                                            docket number MARAD–2016–0009.                        65, Number 70; Pages 19477–78).
                                                       (B) is designed or used to transport more            Written comments may be submitted by                   By Order of the Maritime Administrator.
                                                    than 8 passengers (including the driver) for            hand or by mail to the Docket Clerk,
                                                                                                                                                                   Dated: February 4, 2016.
                                                    compensation;                                           U.S. Department of Transportation,
                                                                                                            Docket Operations, M–30, West                         Gabriel Chavez,
                                                       (C) is designed or used to transport more
                                                    than 15 passengers, including the driver, and           Building Ground Floor, Room W12–140,                  Acting Secretary, Maritime Administration.
                                                    is not used to transport passengers for                 1200 New Jersey Avenue SE.,                           [FR Doc. 2016–03001 Filed 2–16–16; 8:45 am]
                                                    compensation; or                                        Washington, DC 20590. You may also                    BILLING CODE 4910–81–P
                                                       (D) is used in transporting material found           send comments electronically via the
                                                    by the Secretary of Transportation to be
                                                    hazardous under section 5103 of this title
                                                                                                            Internet at http://www.regulations.gov.
                                                                                                            All comments will become part of this                 DEPARTMENT OF TRANSPORTATION
                                                    and transported in a quantity requiring
                                                    placarding under regulations prescribed by              docket and will be available for
                                                                                                                                                                  National Highway Traffic Safety
                                                    the Secretary under section 5103.’’                     inspection and copying at the above
                                                                                                                                                                  Administration
                                                                                                            address between 10 a.m. and 5 p.m.,
                                                    Public Comments Invited                                 E.T., Monday through Friday, except                   [Docket No. NHTSA–2015–0127; Notice 1]
                                                      FMCSA requests that you comment                       federal holidays. An electronic version
                                                                                                            of this document and all documents                    Graco Children’s Products, Inc.,
                                                    on any aspect of this information
                                                                                                            entered into this docket is available on              Receipt of Petition for Decision of
                                                    collection, including: (1) Whether the
                                                                                                            the World Wide Web at http://                         Inconsequential Noncompliance
                                                    proposed collection is necessary for
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    FMCSA to perform its functions, (2) the                 www.regulations.gov.
                                                                                                                                                                  AGENCY:  National Highway Traffic
                                                    accuracy of the estimated burden, (3)                   FOR FURTHER INFORMATION CONTACT:                      Safety Administration (NHTSA),
                                                    ways for the FMCSA to enhance the                       Bianca Carr, U.S. Department of                       Department of Transportation (DOT).
                                                    quality, usefulness, and clarity of the                 Transportation, Maritime                              ACTION: Receipt of petition.
                                                    collected information, and (4) ways that                Administration, 1200 New Jersey
                                                    the burden could be minimized without                   Avenue SE., Room W23–465,                             SUMMARY:   Graco Children’s Products,
                                                    reducing the quality of the collected                   Washington, DC 20590. Telephone 202–                  Inc. (Graco), has determined that certain
                                                    information. The agency will summarize                  366–9309, Email Bianca.carr@dot.gov.                  Graco Milestone child restraints


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                                                    8124                      Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Notices

                                                    manufactured between July 9, 2015 and                   Federal Register published on April 11,                  V. Summary of Graco’s Analyses:
                                                    October 6, 2015, do not fully comply                    2000, (65 FR 19477–78).                               Graco stated its belief that the subject
                                                    with paragraph S5.5.2(g)(1)(ii) of                        The petition, supporting materials,                 noncompliance is inconsequential to
                                                    Federal Motor Vehicle Safety Standard                   and all comments received before the                  motor vehicle safety for the following
                                                    (FMVSS) No. 213, Child Restraint                        close of business on the closing date                 reasons:
                                                    Systems. Graco filed a report pursuant                  indicated above will be filed and will be                (1) Graco stated that the noncompliant
                                                    to 49 CFR part 573, Defect and                          considered. All comments and                          label provides visual pictograms
                                                    Noncompliance Responsibility and                        supporting materials received after the               showing the rear-facing child restraint
                                                    Reports. Graco then petitioned NHTSA                    closing date will also be filed and will              being secured using the child restraint
                                                    under 49 CFR part 556 requesting a                      be considered to the extent possible.                 anchorage system and using a vehicle
                                                    decision that the subject noncompliance                 When the petition is granted or denied,               belt (both with a lap only seat belt and
                                                    is inconsequential to motor vehicle                     notice of the decision will be published              lap/shoulder seat belt). This pictogram
                                                    safety.                                                 in the Federal Register pursuant to the               is located on the same label just below
                                                                                                            authority indicated below.                            where the omitted phrase is required to
                                                    DATES:  The closing date for comments                                                                         be, and provides the same substance as
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    on the petition is March 18, 2016.                                                                            the language required by FMVSS No.
                                                                                                              I. Overview: Pursuant to 49 U.S.C.
                                                    ADDRESSES: Interested persons are                       30118(d) and 30120(h) (see                            213.
                                                    invited to submit written data, views,                  implementing rule at 49 CFR part 556),                   (2) Graco also stated that in addition
                                                    and arguments on this petition.                         Graco submitted a petition for an                     to the pictograms that describe how to
                                                    Comments must refer to the docket and                   exemption from the notification and                   secure the child restraint in the vehicle
                                                    notice number cited at the beginning of                 remedy requirements of 49 U.S.C.                      using the child restraint anchorage
                                                    this notice and submitted by any of the                 Chapter 301 on the basis that this                    system and the vehicle belt, the printed
                                                    following methods:                                      noncompliance is inconsequential to                   instruction manual provided with the
                                                       • Mail: Send comments by mail                        motor vehicle safety.                                 subject child restraints includes written
                                                    addressed to: U.S. Department of                          This notice of receipt of Graco’s                   step-by-step installation procedures.
                                                    Transportation, Docket Operations, M–                   petition is published under 49 U.S.C.                 The manual also describes why and
                                                    30, West Building Ground Floor, Room                    30118 and 30120 and does not represent                how to secure the child restraint in rear-
                                                    W12–140, 1200 New Jersey Avenue SE.,                    any agency decision or other exercise of              facing and forward-facing modes using
                                                    Washington, DC 20590.                                   judgment concerning the merits of the                 the child restraint anchorage system as
                                                       • Hand Deliver: Deliver comments by                  petition.                                             well as the vehicle seat belt systems.
                                                    hand to: U.S. Department of                               II. Child Restraints Involved: Affected             The instruction manual additionally
                                                    Transportation, Docket Operations, M–                   are approximately 8,240 Graco                         includes multiple prominently placed
                                                    30, West Building Ground Floor, Room                    Milestone child restraints manufactured               safety warning regarding the need to
                                                    W12–140, 1200 New Jersey Avenue SE.,                    between July 9, 2015 and October 2,                   secure the child restraint with the child
                                                    Washington, DC 20590. The Docket                        2015.                                                 restraint anchorage system or the
                                                    Section is open on weekdays from 10                       III. Noncompliance: Graco explains                  vehicle seat belt.
                                                    a.m. to 5 p.m. except Federal Holidays.                 that the noncompliance is due to a                       (3) Graco stated its belief that the
                                                                                                            labeling issue. The labels on the subject             consumers generally understanding that
                                                       • Electronically: Submit comments
                                                                                                            child restraints do not contain the                   child restraints must be installed/
                                                    electronically by: logging onto the
                                                                                                            phrase ‘‘Secure this child restraint with             secured a vehicle’s seat to be effective.
                                                    Federal Docket Management System
                                                                                                            the vehicle’s child restraint anchorage               Graco also stated its belief that with
                                                    (FDMS) Web site at http://
                                                                                                            system,if available, or with a vehicle                respect to labels and instructions,
                                                    www.regulations.gov/. Follow the online
                                                                                                            belt’’ as required by paragraph                       consumers are often drawn first to
                                                    instructions for submitting comments.
                                                                                                            S5.5.2(g)(1)(ii) of FMVSS No. 213.                    illustrations and pictograms.
                                                    Comments may also be faxed to (202)                                                                              (4) Graco also stated its belief that the
                                                    493–2251.                                                 IV. Rule Text: Paragraph
                                                                                                            S5.5.2(g)(1)(ii) of FMVSS No. 213                     absence of the omitted phrase from the
                                                       Comments must be written in the                                                                            label does not affect the crashworthiness
                                                                                                            requires in pertinent part:
                                                    English language, and be no greater than                                                                      of the child restraint system.
                                                    15 pages in length, although there is no                   S5.5.2 The information specified in
                                                                                                            paragraphs (a) through (m) of this section
                                                                                                                                                                     Graco has additionally informed
                                                    limit to the length of necessary                                                                              NHTSA that it has corrected the
                                                                                                            shall be stated in the English language and
                                                    attachments to the comments. If                         lettered in letters and numbers that are not          noncompliance so that future
                                                    comments are submitted in hard copy                     smaller than 10 point type. Unless otherwise          production of the subject child
                                                    form, please ensure that two copies are                 specified, the information shall be labeled on        restraints will comply with all
                                                    provided. If you wish to receive                        a white background with black text. Unless            applicable labeling requirements of
                                                    confirmation that your comments were                    written in all capitals, the information shall        FMVSS No. 213.
                                                    received, please enclose a stamped, self-               be stated in sentence capitalization. . . .              In summation, Graco believes that the
                                                    addressed postcard with the comments.                      (g) The statements specified in paragraphs
                                                                                                            (1) and (2):
                                                                                                                                                                  described noncompliance of the subject
                                                    Note that all comments received will be                                                                       child restraints is inconsequential to
                                                                                                               (1) A heading as specified in S5.5.2(k)(3)(i),
                                                    posted without change to http://                        with the statement ‘‘WARNING! DEATH or                motor vehicle safety, and that its
                                                    www.regulations.gov, including any                      SERIOUS INJURY can occur,’’ capitalized as            petition, to exempt Graco from
                                                    personal information provided.                                                                                providing recall notification of the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            written and followed by bulleted statements
                                                       Documents submitted to a docket may                  in the following order: . . .                         noncompliance as required by 49 U.S.C.
                                                    be viewed by anyone at the address and                     (ii) Secure this child restraint with the          30118 and remedying the
                                                    times given above. The documents may                    vehicle’s child restraint anchorage system if         noncompliance as required by 49 U.S.C.
                                                                                                            available or with a vehicle belt. [For car beds,
                                                    also be viewed on the Internet at http://               harnesses, and belt positioning boosters, the         30120 should be granted.
                                                    www.regulations.gov by following the                    first part of the statement regarding                    NHTSA notes that the statutory
                                                    online instructions for accessing the                   attachment by the child restraint attachment          provisions (49 U.S.C. 30118(d) and
                                                    dockets. DOT’s complete Privacy Act                     by the child restraint anchorage system is            30120(h)) that permit manufacturers to
                                                    Statement is available for review in the                optional]. . . .                                      file petitions for a determination of


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                                                                              Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Notices                                                 8125

                                                    inconsequentiality allow NHTSA to                       notice and submitted by any of the                      I. Overview: Pursuant to 49 U.S.C.
                                                    exempt manufacturers only from the                      following methods:                                    30118(d) and 30120(h) (see
                                                    duties found in sections 30118 and                        • Mail: Send comments by mail                       implementing rule at 49 CFR part 556),
                                                    30120, respectively, to notify owners,                  addressed to: U.S. Department of                      AML submitted a petition for an
                                                    purchasers, and dealers of a defect or                  Transportation, Docket Operations, M–                 exemption from the notification and
                                                    noncompliance and to remedy the                         30, West Building Ground Floor, Room                  remedy requirements of 49 U.S.C.
                                                    defect or noncompliance. Therefore, any                 W12–140, 1200 New Jersey Avenue SE.,                  Chapter 301 on the basis that this
                                                    decision on this petition only applies to               Washington, DC 20590.                                 noncompliance is inconsequential to
                                                    the subject child restraints that Graco no                • Hand Deliver: Deliver comments by                 motor vehicle safety.
                                                    longer controlled at the time it                        hand to: U.S. Department of                             This notice of receipt of AML’s
                                                    determined that the noncompliance                       Transportation, Docket Operations, M–                 petition is published under 49 U.S.C.
                                                    existed. However, any decision on this                  30, West Building Ground Floor, Room                  30118 and 30120 and does not represent
                                                    petition does not relieve equipment                     W12–140, 1200 New Jersey Avenue SE.,                  any agency decision or other exercise of
                                                    distributors and dealers of the                         Washington, DC 20590. The Docket                      judgment concerning the merits of the
                                                    prohibitions on the sale, offer for sale,               Section is open on weekdays from 10                   petition.
                                                    or introduction or delivery for                         a.m. to 5 p.m. except Federal Holidays.                 II. Vehicles Involved: Affected are
                                                    introduction into interstate commerce of                  • Electronically: Submit comments                   approximately 5,516 MY 2009–2015
                                                    the noncompliant child restraints under                 electronically by: logging onto the                   Aston Martin DB9 two-door and four-
                                                    their control after Graco notified them                 Federal Docket Management System                      door passenger cars that were
                                                    that the subject noncompliance existed.                 (FDMS) Web site at http://                            manufactured between September 1,
                                                      Authority: 49 U.S.C. 30118, 30120:                    www.regulations.gov/. Follow the online               2009 and December 9, 2015.
                                                    delegations of authority at 49 CFR 1.95 and             instructions for submitting comments.                   III. Noncompliance: AML explains
                                                    501.8.                                                  Comments may also be faxed to (202)                   that the noncompliance occurs when
                                                                                                            493–2251.                                             the door locking system in the subject
                                                    Jeffrey M. Giuseppe,                                                                                          vehicles is double-locked causing the
                                                                                                               Comments must be written in the
                                                    Director, Office of Vehicle Safety Compliance.          English language, and be no greater than              interior operating means for unlocking
                                                    [FR Doc. 2016–03202 Filed 2–16–16; 8:45 am]             15 pages in length, although there is no              the door locking mechanism to become
                                                    BILLING CODE 4910–59–P                                  limit to the length of necessary                      disengaged and therefore does not meet
                                                                                                            attachments to the comments. If                       the requirements as specified in
                                                                                                            comments are submitted in hard copy                   paragraph S4.3 of FMVSS No. 206.
                                                    DEPARTMENT OF TRANSPORTATION                            form, please ensure that two copies are                 IV. Rule Text: Paragraph S4.3 of
                                                                                                            provided. If you wish to receive                      FMVSS No. 206 requires in pertinent
                                                    National Highway Traffic Safety
                                                                                                            confirmation that comments you have                   part:
                                                    Administration
                                                                                                            submitted by mail were received, please                 S4.3 Door Locks. Each door shall be
                                                    [Docket No. NHTSA–2016–0004; Notice 1]                  enclose a stamped, self-addressed                     equipped with at least one locking device
                                                                                                            postcard with the comments. Note that                 which, when engaged, shall prevent
                                                    Aston Martin Lagonda Limited, Receipt                   all comments received will be posted                  operation of the exterior door handle or other
                                                    of Petition for Decision of                             without change to http://                             exterior latch release control and which has
                                                    Inconsequential Noncompliance                           www.regulations.gov, including any                    an operating means and a lock release/
                                                                                                            personal information provided.                        engagement device located within the
                                                    AGENCY:  National Highway Traffic                                                                             interior of the vehicle.
                                                    Safety Administration (NHTSA),                             The petition, supporting materials,                  S4.3.1 Rear side doors. Each rear side
                                                    Department of Transportation (DOT).                     and all comments received before the                  door shall be equipped with at least one
                                                    ACTION: Receipt of petition.                            close of business on the closing date                 locking device which has a lock release/
                                                                                                            indicated above will be filed in the                  engagement mechanism located within the
                                                    SUMMARY:   Aston Martin Lagonda                         docket and will be considered. All                    interior of the vehicle and readily accessible
                                                    Limited (AML), has determined that                      comments and supporting materials                     to the driver of the vehicle or an occupant
                                                    certain model year (MY) 2009–2015                       received after the closing date will also             seated adjacent to the door, and which, when
                                                    Aston Martin DB9 two-door and four-                     be filed and will be considered to the                engaged, prevents operation of the interior
                                                    door passenger cars do not fully comply                 extent possible.                                      door handle or other interior latch release
                                                                                                                                                                  control and requires separate actions to
                                                    with paragraph S4.3 of Federal Motor                       When the petition is granted or                    unlock the door and operate the interior door
                                                    Vehicle Safety Standard (FMVSS) No.                     denied, notice of the decision will also              handle or other interior latch release control.
                                                    206, Door locks and door retention                      be published in the Federal Register                    S4.3.2 Back doors. Each back door
                                                    components. Aston Martin Lagonda of                     pursuant to the authority indicated at                equipped with an interior door handle or
                                                    North America, Inc., filed a report dated               the end of this notice.                               other interior latch release control, shall be
                                                    December 16, 2015, pursuant to 49 CFR                      All documents submitted to the                     equipped with at least one locking device
                                                    part 573, Defect and Noncompliance                      docket may be viewed by anyone at the                 that meets the requirements of S4.3.1. . . .
                                                    Responsibility and Reports for AML.                     address and times given above. The                       V. Summary of AML’s Petition: AML
                                                    AML then petitioned NHTSA under 49                      documents may also be viewed on the                   described the subject noncompliance
                                                    CFR part 556 requesting a decision that                 Internet at http://www.regulations.gov                and stated its belief that the
                                                    the subject noncompliance is                            by following the online instructions for              noncompliance is inconsequential to
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                                                    inconsequential to motor vehicle safety.                accessing the dockets. The docket ID                  motor vehicle safety for the following
                                                    DATES: The closing date for comments                    number for this petition is shown at the              reasons:
                                                    on the petition is March 18, 2016.                      heading of this notice.                                  (a) AML stated that the subject
                                                    ADDRESSES: Interested persons are                          DOT’s complete Privacy Act                         vehicles can only be double-locked by
                                                    invited to submit written data, views,                  Statement is available for review in the              using the key fob (which also serves as
                                                    and arguments on this petition.                         Federal Register published on April 11,               the ignition key) and that if the vehicle
                                                    Comments must refer to the docket and                   2000, (65 FR 19477–78).                               is double-locked from the inside, the
                                                    notice number cited in the title of this                SUPPLEMENTARY INFORMATION:                            driver and or passenger will be able to


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Document Created: 2016-02-17 01:17:11
Document Modified: 2016-02-17 01:17:11
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 March 18, 2016.
FR Citation81 FR 8123 

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