Graco Children's Products, Inc.; Grant of Petition for Decision of Inconsequential Noncompliance, 72440-72441 [E7-24702]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 244 (Thursday, December 20, 2007)]
[Notices]
[Pages 72440-72441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24702]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-0030; 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 restraint systems that it recently manufactured do not comply 
with labeling requirements pertaining to stating the National Highway 
Traffic Safety Administration's (NHTSA) Vehicle Safety Hotline 
(Hotline) number and Graco's Web site registration address in paragraph 
S5.5.2(m) of 49 CFR 571.213, Federal Motor Vehicle Safety Standard 
(FMVSS) No. 213, Child Restraint Systems. On October 26, 2007, Graco 
filed an appropriate report pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports identifying several million 
child restraint systems manufactured between June 21, 2006 and October 
26, 2007 that do not comply with the paragraph of FMVSS No. 213 cited 
above. On November 30, 2007, Graco filed an amended report pursuant to 
49 CFR Part 573 that corrected the time frame for the noncompliant 
child restraints identified in the October 26, 2007 report. Graco now 
has determined that all child restraint systems that it manufactured 
between November 28, 2005 and October 29, 2007, and certain child 
restraint systems that it manufactured between September 1, 2006 and 
October 29, 2007, do not comply with the paragraph of FMVSS No. 213 
cited above. Affected are over eight million child restraint systems.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR Part 556, 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. Notice of receipt of the 
petition was published, with a 10-day public comment period, on 
November 8, 2007 in the Federal Register (72 FR 63231). Although the 
text of that notice clearly indicated that only 10 days would be 
permitted for comments, the notice as published showed a comment 
closing date of December 10, 2007. On November 16, 2007, a correction 
notice (72 FR 64708) was published showing the correct comment closing 
date, which was November 19, 2007. No comments were received. To view 
the petition and all supporting documents log onto the Federal Docket 
Management System (FDMS) Web site at: https://www.regulations.gov/. Then 
pull down the ``Search for Dockets'' menu tab and follow the online 
search instructions to locate docket number ``NHTSA-2007-0030.''
    For further information on this decision, contact Mr. Zachary R. 
Fraser, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5754, 
facsimile (202) 366-7002.
    Paragraph S5.5.2(m) of 49 CFR 571.213 requires that a child 
restraint system be permanently labeled with:

    (m) One of the following statements, inserting an address and a 
U.S. telephone number. If a manufacturer opts to provide a Web site 
on the registration card as permitted in Figure 9a of this section, 
the manufacturer must include the statement in part (ii):
    (i) ``Child restraints could be recalled for safety reasons. You 
must register this restraint to be reached in a recall. Send your 
name, address, e-mail address if available (preceding four words are 
optional) and the restraint's model number and manufacturing date to 
(insert address) or call (insert a U.S. telephone number). For 
recall information, call the U.S. Government's Vehicle Safety 
Hotline at 1-888-327-4236 (TTY: 1-800-424-9153), or go to https://
www.NHTSA.gov.''
    (ii) ``Child restraints could be recalled for safety reasons. 
You must register this restraint to be reached in a recall. Send 
your name, address, e-mail address if available [preceding four 
words are optional], and the restraint's model number and 
manufacturing date to (insert address) or call (insert a U.S. 
telephone number) or register online at (insert Web site for 
electronic registration form). For recall information, call the U.S. 
Government's Vehicle Safety Hotline at 1-888-327-4236 (TTY: 1-800-
424-9153), or go to https://www.NHTSA.gov.''

There are comparable requirements beyond these labeling requirements. 
See S5.6.1.7 of 49 CFR 571.213 concerning printed instructions.
    Graco explained that all subject child restraint systems failed to 
comply with the above requirements because labels attached to them did 
not include Graco's Web site address for electronic registration, which 
is required when the manufacturer chooses to provide a Web site on the 
registration card. In addition, some models of these restraint systems 
also had labels that included an incorrect NHTSA Hotline telephone 
number. Graco stated that it has corrected the problem that caused 
these errors so that they will not be repeated in future production.
    Graco stated that although the Hotline number printed on the labels 
is incorrect (i.e., the labels show a NHTSA Hotline telephone number 
that the agency once used but had relinquished its rights to), Graco 
has procured the former Hotline number and is prepared to have all 
calls to that outdated number automatically routed to the correct 
number (i.e., the current NHTSA Hotline number) for a period of 7 
years.
    Graco additionally stated that although its electronic registration 
Web site address is not on the restraint systems, its toll-free 
telephone number appears in at least two places on all the restraint 
systems. Also, full contact information, including the Graco's company 
Web site address, appears in the owner's manual of every child 
restraint system manufactured by Graco.
    Graco stated that neither the incorrect NHTSA Hotline number nor 
the absence of Graco's Web site address have any effect on the 
crashworthiness of the restraint systems. Therefore, Graco stated that 
these noncompliances are inconsequential to motor vehicle safety.
    In addition, Graco proposed two measures as ``an interim solution 
to bring infant and child seats produced with the incorrect label into 
substantial compliance.'' First, Graco reiterated its proposal to have 
calls to the incorrect NHTSA Hotline number automatically rerouted to 
the correct number, which has been made possible by Graco's obtaining 
the rights to the old number. Graco also proposed to send a broadcast 
e-mail to certain consumers about the importance of registration of 
their child restraint systems. The e-mail would include a direct link 
to Graco's online registration Web site and be sent to approximately 
570,000 consumers who

[[Page 72441]]

have either created baby registries through Graco, requested Graco's 
newsletter, or whose names have been acquired from prenatal lists. 
Graco believes that providing the direct Graco online registration link 
will allow those consumers to register their Graco-brand seats once 
they have received the e-mail.

NHTSA Decision

    NHTSA regulations specify that child seat manufacturers must 
provide the telephone number for the Vehicle Safety Hotline so that 
consumers concerned about safety recalls or potential safety-related 
defects could contact the agency. That telephone number has been 
changed. A rule published on June 21, 2005, in the Federal Register (70 
FR 35556) revised the relevant section of the regulations to state the 
new telephone number. The effective date for the new telephone number 
was June 21, 2006; however, NHTSA issued an amendment on June 21, 2006 
(71 FR 35558) that changed the effective date of the new telephone 
number to September 1, 2006.
    Although the Hotline number printed on the labels is not the 
correct number, Graco proposed to redirect calls made to the incorrect 
Hotline number to the current Hotline number for a period of 7 years. 
Since filing its petition, Graco has in fact redirected those calls so 
that anyone who calls the incorrect number is automatically connected 
to NHTSA's Hotline. NHTSA has confirmed that this change has been 
activated. Also, NHTSA has initiated appropriate measures to reacquire 
the incorrect Hotline number from Graco. Once NHTSA has re-acquired the 
rights to the old number, calls to that number will continue to be 
routed directly to the new Hotline. NHTSA therefore agrees with Graco 
that there is no adverse safety consequence from this aspect of the 
noncompliance because consumers who call the incorrect Hotline number 
will automatically be redirected to the current Hotline number.
    Although the Graco models at issue do not have labels containing 
Graco's electronic registration Web site address, that address is shown 
on the registration cards that come with each new child restraint 
system. Those who purchase the seat are, therefore, immediately 
presented with the online registration option and the necessary Web 
site address where they are most likely to look for it, i.e., on the 
product registration card. The additional requirement that the Web site 
address also be on the seat label provides helpful information to 
owners who have not already registered by using the registration card 
or the online option, and may be particularly helpful for subsequent 
owners who have not received the registration card. However, even 
without the Web site information, the noncompliant label provides the 
important information that registration is essential to being notified 
of a recall, explains what information needs to be submitted for 
registration, and provides Graco's mailing address and telephone number 
for that purpose. Therefore, any owner who reads the label will be 
informed of the importance of registration and provided with two 
methods for accomplishing registration. Also, Graco's company Web site 
address appears in every owner's manual, so a person intent on 
registering the seat online could readily determine how to do so.
    The only risk created by the noncompliance is that someone who 
wished to register the seat online but either ignored the online 
registration information on the registration card, or never had the 
card, would choose not to register the seat despite the ability to do 
so by mail, telephone, or by locating the Web site information in the 
owner's manual or through a simple online search. We think the 
likelihood is far greater that a person interested in registering the 
seat would use one of the available options. Although provision of 
information for registration of child seats is very important and 
inclusion of the Web site address on the label is one way of making 
registration easier, we think the risk created by this particular 
noncompliance is very slight and inconsequential to motor vehicle 
safety.
    In consideration of the foregoing, NHTSA has decided that Graco has 
met its burden of persuasion that the labeling noncompliances described 
are 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 noncompliances 
under 49 U.S.C. 30118 and 30120.

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

    Issued on: December 13, 2007.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E7-24702 Filed 12-19-07; 8:45 am]
BILLING CODE 4910-59-P