Graco Children's Products Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 23293-23294 [05-8821]

Download as PDF Federal Register / Vol. 70, No. 85 / Wednesday, May 4, 2005 / Notices community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. 5 CFR 1320.12(c); see also 60 FR 44983, Aug. 29, 1995. The summary below describe the nature of the information collection requirements (ICRs) and the expected burden. These requirements are being submitted for clearance by OMB as required by the PRA. Title: Post-Traumatic Stress in Train Crew Members After a Critical Incident. OMB Control Number: 2130–NEW. Type of Request: Approval of a New Collection of Information. Affected Public: Train Crew Members (Locomotive engineers, firers, and conductors). Form(s): FRA F 6180.120; FRA F 6180.121; FRA F 6180.122. Abstract: Nearly 1,000 fatalities occur every year in this country from trains striking motor vehicles at grade crossings and individual trespassers along the track. These events can be very traumatic to train crew members, who invariably are powerless to prevent such collisions. Exposure of train crews to such work-related traumas can cause extreme stress and result in safetyimpairing behaviors, such as are seen in Post-Traumatic Stress Disorder or Acute Stress Disorder. Most railroads have Critical Incident Stress Debriefing (CISD) intervention programs designed to mitigate problems caused by exposure to these traumas. However, they are quite varied in their approach, and it is not certain which components of these programs are most effective. The purpose of this collection of information is to identify ‘‘best practices’’ for CISD programs in the railroad industry. By means of written and subsequent oral interviews with train crew members that will each take approximately 45 minutes, the proposed study aims to accomplish the following: (1) Benchmark rail industry best practices of CISD programs; (2) establish the extent of traumatic stress disorders due to grade crossing and trespasser incidents in the rail industry (not by region or railroad) and identify at-risk populations; and (3) evaluate the effectiveness of individual components of CISD programs. It should be noted that only the components of CISD programs will be evaluated, not an individual railroad’s overall intervention program. Annual Estimated Burden Hours: 2,043 hours. VerDate jul<14>2003 21:08 May 03, 2005 Jkt 205001 Send comments regarding these information collections to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 Seventeenth Street, NW., Washington, DC, 20503, Attention: FRA Desk Officer. Comments are invited on the following: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimates of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication of this notice in the Federal Register. ADDRESSES: Authority: 44 U.S.C. 3501–3520. Issued in Washington, DC on April 28, 2005. D.J. Stadtler, Director, Office of Budget, Federal Railroad Administration. [FR Doc. 05–8823 Filed 5–3–05; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2005–21081; Notice 1] Graco Children’s Products Inc., Receipt of Petition for Decision of Inconsequential Noncompliance Graco Children’s Products Inc. (Graco) has determined that certain child restraints that it produced in 2004 do not comply with S4.3(a) of 49 CFR 571.302, Federal Motor Vehicle Safety Standard (FMVSS) No. 302, ‘‘Flammability of interior materials.’’ Graco has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Graco has petitioned 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 PO 00000 Frm 00206 Fmt 4703 Sfmt 4703 23293 judgment concerning the merits of the petition. Affected are a total of approximately 450 Graco Comfort Sport convertible child restraints manufactured on December 27, 2004. S4.3(a) of FMVSS No. 302 requires that material ‘‘shall not burn * * * at a rate of more than 102 mm per minute.’’ Two nylon warning labels which are a component of these child restraints do not comply with this requirement. Graco explains that the seat pad used on the Comfort Sport model contains two warning labels sewn onto the backside of the seat pad. Graco states: The pad is an Easy Wash pad with flaps that allow for easy removal of the seat pad without disconnecting the harness. The labels are sewn to the backside of the two flaps. The label is manufactured of nylon material and when tested as a single material does not meet the requirements of * * * S4.3(a) . * * * Graco believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Graco states that the risk of injury from the noncompliance is inconsequential for several reasons: Location of labels on backside of pad. The labels are located on the backside of the pad and directly behind a child seated in the child restraint. This location is not directly accessible to any flame source. * * * The contribution of the labels to any flame spread is negligible. Small size of labels. The labels are relatively small compared to the overall size of the seat pad. * * * The size of each label is 1 3⁄16’’ x 51⁄2’’ x 0.003’’ thick. Seat pad and child restraint materials comply with FMVSS No. 302. The labels are the only material * * * that do not comply with FMVSS No. 302. * * * This overwhelming amount of material that complies . * * * affords the occupant(s) the necessary protection from any flammability hazard . * * * Composite flammability testing complies. Although the label is not adhered to the pad at every point as specified by FMVSS No. 302 for composite testing, Graco has tested the labels in a composite * * * [and] it burns well within the accepted rate established by FMVSS No. 302. Graco states that it is unaware of any complaints of a fire in this seat and consequently there has been no injury. Interested persons are invited to submit written data, views, and arguments on the petition described above. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods. Mail: Docket Management Facility, U.S. Department of Transportation, Nassif Building, Room E:\FR\FM\04MYN1.SGM 04MYN1 23294 Federal Register / Vol. 70, No. 85 / Wednesday, May 4, 2005 / Notices PL–401, 400 Seventh Street, SW., Washington, DC, 20590–0001. Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. It is requested, but not required, that two copies of the comments be provided. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted electronically by logging onto the Docket Management System Web site at https://dms.dot.gov. Click on ‘‘Help’’ to obtain instructions for filing the document electronically. Comments may be faxed to 1–202–493–2251, or may be submitted to the Federal eRulemaking Portal: go to https:// www.regulations.gov. Follow the online instructions for submitting comments. 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. Comment closing date: June 3, 2005. Authority: (49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8) Issued on: April 28, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–8821 Filed 5–3–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–33 (Sub–No. 224X)] Union Pacific Railroad Company— Abandonment Exemption—in Buffalo County, NE Union Pacific Railroad Company (UP) has filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon a 0.74-mile portion of its Kearney Industrial Lead from milepost 3.01 to the end of the line at milepost 3.75, near Kearney, in Buffalo County, NE. The line traverses United States Postal Service Zip Code 68847. UP has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line; (3) no formal complaint filed by a user of rail service VerDate jul<14>2003 21:08 May 03, 2005 Jkt 205001 on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on June 3, 2005, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by May 16, 2005. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by May 24, 2005, with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to UP’s representative: Mack H. Shumate, Jr., Union Pacific Railroad Company, 101 North Wacker Drive, Room 1920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void ab initio. UP has filed an environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by May 9, 2005. Interested persons may obtain a copy of 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,200. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00207 Fmt 4703 Sfmt 4703 the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423–0001) or by calling SEA, at (202) 565–1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by UP’s filing of a notice of consummation by May 4, 2006, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: April 26, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–8798 Filed 5–3–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–33 (Sub-No. 219X)] Union Pacific Railroad Company— Abandonment Exemption—in Douglas and Champaign Counties, IL Union Pacific Railroad Company (UP) has filed a notice of exemption under 49 CFR 1152 Subpart F–Exempt Abandonments to abandon a 9.87-mile line of railroad known as the Westville Industrial Lead, extending from milepost 164.87 at Villa Grove to the end of the track at milepost 155.0 near Broadlands, in Douglas and Champaign Counties, IL. The line traverses United States Postal Service Zip Codes 61816 and 61956.1 1 Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a verified notice with the Board at least 50 days before the abandonment or discontinuance is to be consummated. The applicant initially indicated a proposed consummation date of June 2, 2005, but because the verified notice was filed on April 14, 2005, consummation may not take place prior to June 3, 2005. By facsimile filed on April 21, 2005, applicant’s representative confirmed that E:\FR\FM\04MYN1.SGM 04MYN1

Agencies

[Federal Register Volume 70, Number 85 (Wednesday, May 4, 2005)]
[Notices]
[Pages 23293-23294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8821]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21081; Notice 1]


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

    Graco Children's Products Inc. (Graco) has determined that certain 
child restraints that it produced in 2004 do not comply with S4.3(a) of 
49 CFR 571.302, Federal Motor Vehicle Safety Standard (FMVSS) No. 302, 
``Flammability of interior materials.'' Graco has filed an appropriate 
report pursuant to 49 CFR part 573, ``Defect and Noncompliance 
Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Graco has petitioned 
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.
    Affected are a total of approximately 450 Graco Comfort Sport 
convertible child restraints manufactured on December 27, 2004. S4.3(a) 
of FMVSS No. 302 requires that material ``shall not burn * * * at a 
rate of more than 102 mm per minute.'' Two nylon warning labels which 
are a component of these child restraints do not comply with this 
requirement.
    Graco explains that the seat pad used on the Comfort Sport model 
contains two warning labels sewn onto the backside of the seat pad. 
Graco states:

    The pad is an Easy Wash pad with flaps that allow for easy 
removal of the seat pad without disconnecting the harness. The 
labels are sewn to the backside of the two flaps. The label is 
manufactured of nylon material and when tested as a single material 
does not meet the requirements of * * * S4.3(a) . * * *

    Graco believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Graco states 
that the risk of injury from the noncompliance is inconsequential for 
several reasons:

    Location of labels on backside of pad. The labels are located on 
the backside of the pad and directly behind a child seated in the 
child restraint. This location is not directly accessible to any 
flame source. * * * The contribution of the labels to any flame 
spread is negligible.
    Small size of labels. The labels are relatively small compared 
to the overall size of the seat pad. * * * The size of each label is 
1 \3/16\'' x 5\1/2\'' x 0.003'' thick.
    Seat pad and child restraint materials comply with FMVSS No. 
302. The labels are the only material * * * that do not comply with 
FMVSS No. 302. * * * This overwhelming amount of material that 
complies . * * * affords the occupant(s) the necessary protection 
from any flammability hazard . * * *
    Composite flammability testing complies. Although the label is 
not adhered to the pad at every point as specified by FMVSS No. 302 
for composite testing, Graco has tested the labels in a composite * 
* * [and] it burns well within the accepted rate established by 
FMVSS No. 302.

    Graco states that it is unaware of any complaints of a fire in this 
seat and consequently there has been no injury.
    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room

[[Page 23294]]

PL-401, 400 Seventh Street, SW., Washington, DC, 20590-0001. Hand 
Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 
Seventh Street, SW., Washington, DC. It is requested, but not required, 
that two copies of the comments be provided. The Docket Section is open 
on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments 
may be submitted electronically by logging onto the Docket Management 
System Web site at https://dms.dot.gov. Click on ``Help'' to obtain 
instructions for filing the document electronically. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: go to https://www.regulations.gov. Follow the online 
instructions for submitting comments.
    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.
    Comment closing date: June 3, 2005.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8)

    Issued on: April 28, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-8821 Filed 5-3-05; 8:45 am]
BILLING CODE 4910-59-P

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