Graco Children's Products Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 40101 [05-13655]
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Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA–2005–21811]
Agency Information Collection Activity
Under OMB Review
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of request for comments.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Request (ICR) abstracted
below has been forwarded to the Office
of Management and Budget (OMB) for
approval. The Federal Register Notice
with a 60-day comment period soliciting
comments was published on April 11,
2005.
Comments must be submitted
before August 11, 2005. A comment to
OMB is most effective if OMB receives
it within 30 days of publication.
FOR FURTHER INFORMATION CONTACT:
Sylvia L. Marion, Office of
Administration, Office of Management
Planning, (202) 366–6680.
SUPPLEMENTARY INFORMATION:
Title: Customer Service Surveys (OMB
Number: 2132–0559).
Abstract: Executive Order 12862,
‘‘Setting Customer Service Standards,’’
requires FTA to identify its customers
and determine what they think about
FTA’s service. The surveys covered in
this request for a blanket clearance will
provide FTA with a means to gather
data directly from its customers. The
information obtained from the surveys
will be used to assess the kind and
quality of services customers want and
their level of satisfaction with existing
services. The surveys will be limited to
data collections that solicit voluntary
opinions and will not involve
information that is required by
regulations.
Estimated Total Annual Burden: 706
hours.
ADDRESSES: All written comments must
refer to the docket number that appears
at the top of this document and be
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Attention: FTA Desk Officer.
Comments are Invited On: Whether
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is necessary for the proper performance
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including whether the information will
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DATES:
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Jkt 205001
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Issued: July 7, 2005.
Ann M. Linnertz,
Deputy Associate Administrator for
Administration.
[FR Doc. 05–13646 Filed 7–11–05; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA 2005–21081; Notice 2]
Graco Children’s Products Inc., Grant
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.’’
Pursuant to 49 U.S.C. 30118(d) and
30120(h), Graco has petitioned for a
determination that this noncompliance
is inconsequential to motor vehicle
safety and has filed an appropriate
report pursuant to 49 CFR Part 573,
‘‘Defect and Noncompliance Reports.’’
Notice of receipt of a petition was
published, with a 30-day comment
period, on May 4, 2005, in the Federal
Register (70 FR 23293). NHTSA
received no comments.
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
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Sfmt 4703
40101
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 13⁄16″ × 51⁄2″ × 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.
NHTSA agrees with Graco that the
noncompliance is inconsequential to
safety. As Graco states, the labels are
small in size, on an absolute basis and
relative to the amount of material that
complies. The location of the labels on
the backside of the pad is not directly
accessible to any flame source.
Although the label is not adhered to the
pad at every point, it complies when
tested for composite flammability. There
have been no complaints of fire or firerelated injury in this seat. Graco has
corrected the problem.
In consideration of the foregoing,
NHTSA has decided that the petitioner
has met its burden of persuasion that
the noncompliance described is
inconsequential to motor vehicle safety.
Accordingly, Graco’s petition is granted
and the petitioner is exempted from the
obligation of providing notification of,
and a remedy for, the noncompliance.
(Authority: 49 U.S.C. 30118, 30120;
delegations of authority at CFR 1.50 and
501.8)
Issued on: July 5, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle
Safety.
[FR Doc. 05–13655 Filed 7–11–05; 8:45 am]
BILLING CODE 4910–59–P
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Agencies
[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Notices]
[Page 40101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13655]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA 2005-21081; Notice 2]
Graco Children's Products Inc., Grant 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.'' Pursuant to 49 U.S.C. 30118(d)
and 30120(h), Graco has petitioned for a determination that this
noncompliance is inconsequential to motor vehicle safety and has filed
an appropriate report pursuant to 49 CFR Part 573, ``Defect and
Noncompliance Reports.'' Notice of receipt of a petition was published,
with a 30-day comment period, on May 4, 2005, in the Federal Register
(70 FR 23293). NHTSA received no comments.
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.
NHTSA agrees with Graco that the noncompliance is inconsequential
to safety. As Graco states, the labels are small in size, on an
absolute basis and relative to the amount of material that complies.
The location of the labels on the backside of the pad is not directly
accessible to any flame source. Although the label is not adhered to
the pad at every point, it complies when tested for composite
flammability. There have been no complaints of fire or fire-related
injury in this seat. Graco has corrected the problem.
In consideration of the foregoing, NHTSA has decided that the
petitioner has met its burden of persuasion that the noncompliance
described is inconsequential to motor vehicle safety. Accordingly,
Graco's petition is granted and the petitioner is exempted from the
obligation of providing notification of, and a remedy for, the
noncompliance.
(Authority: 49 U.S.C. 30118, 30120; delegations of authority at
CFR 1.50 and 501.8)
Issued on: July 5, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-13655 Filed 7-11-05; 8:45 am]
BILLING CODE 4910-59-P