Graco Children's Products Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 18952-18953 [2010-8310]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Notices]
[Pages 18952-18953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8310]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0042; 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 
warning labels attached to detachable accessory pillows that it sold 
with certain MyRide\TM\ 65 line car seats produced between April, 2009, 
and October, 2009, failed to meet the flammability requirements of 
Federal Motor Vehicle Safety Standards (FMVSS) No. 213.\1\ Graco 
estimates that about 90,000 car seats may be affected. Graco has filed 
an appropriate report pursuant to 49 CFR part 573 Defect and 
Noncompliance Responsibility and Reports.
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    \1\ Graco describes the noncompliance as one with FMVSS No. 302. 
However, FMVSS No. 302 does not in itself apply to motor vehicle 
equipment. Paragraph S4 of FMVSS No. 302 is invoked by reference in 
FMVSS No. 213, therefore, this noncompliance is a noncompliance with 
FMVSS No. 213 not FMVSS No. 302.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
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.
    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 all models of MyRide\TM\ 65 convertible car seats 
manufactured between April, 2009, and October, 2009, in the Company's 
Mexico facility. The Company estimates that approximately 90,000 car 
seats may be affected, and of this total, 50,000 are potentially in use 
by its customers (consumers) and 40,000 are currently with 
retailers.\2\
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    \2\ Graco's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt Graco as manufacturer from the 
notification and recall responsibilities of 49 CFR part 573 for all 
90,000 of the affected child seats. However, the agency cannot 
relieve Graco's distributors of the prohibitions on the sale, offer 
for sale, or introduction or delivery for introduction into 
interstate commerce of the noncompliant child seats under their 
control after Graco recognized that the subject noncompliance 
existed. Those child seats must be brought into conformance, 
exported, or destroyed.
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    Graco describes the MyRide\TM\ 65 car seat as being manufactured 
with a detachable accessory pillow, and this pillow includes a warning 
label (the ``pillow label'') regarding appropriate use of the pillow 
for children of a certain age range. The pillow label warns consumers 
not to use the pillow when the MyRide\TM\ 65 seat is being used by 
children weighing more than 40 lbs (18.1 kg). The pillow, which is 
removable, is attached to the MyRide\TM\ 65 seat by a hook and loop 
fastener material, one side of which is sewn onto a ``tail'' of the 
pillow and the other onto the top of the seat above the child's head.
    Paragraph S5.7 of FMVSS No. 213 requires in pertinent part:

    S5.7 Flammability. Each material used in a child restraint 
system shall conform to the requirements of S4 of FMVSS No. 302 
(571.302). In the case of a built-in child restraint system, the 
requirements of S4 of FMVSS No. 302 shall be met in both the ``in-
use'' and ``stowed'' positions.

    Based on its internal investigation, Graco believes that the 
noncompliance is that a pillow label sewn onto the detachable head 
pillow of certain MyRide\TM\ 65 car seats does not comply with 
paragraph S5.7 of FMVSS No. 213. After discovering that a recent lot of 
pillow labels delivered in late October 2009 to the Company's Mexico 
facility had not been properly treated for flame resistance, Graco's 
plant management began an investigation. They immediately started 
reviewing all pillow label lots previously delivered to its Mexico 
facility since April 2009, the production start date for the MyRide\TM\ 
line car seats, to determine the extent of the noncompliance among its 
lots of pillow labels.
    Graco found that its noncompliant pillow labels were manufactured 
by a sub-supplier to Graco's normal pillow label supplier. Graco has 
determined that the sub-supplier did not follow Graco's production 
specifications, and as a result, failed to meet the requirements of 
FMVSS No. 213. Graco also concluded that the sub-supplier was solely 
responsible for providing the noncompliant pillow labels.
    Graco also found that all other labels and materials for its 
MyRide\TM\ 65 car seats were provided by Graco's regular supplier 
itself and not the sub-supplier. In addition to its investigation, the 
Company's plant management also examined and verified through 
laboratory testing, that all other material components used in the 
MyRide\TM\ 65 car seats comply with the standards of FMVSS No. 213. 
Graco added that new plant management at its Mexico plant has 
implemented more robust quality controls to prevent such problems from 
happening in the future and that Graco has received no complaints, 
reports or any other information about adverse impacts from this 
noncompliance from consumers or any other outside source.
    Since the discovery of the noncompliance, Graco indicated that it 
has taken steps to ensure that every MyRide\TM\ 65 seat subsequently 
released for shipment has been manufactured with labels compliant with 
all applicable safety standards, including FMVSS No. 213. In addition, 
Graco stopped all shipments of the MyRide\TM\ 65 car seats in its 
possession when the noncompliance was discovered and replaced the 
detachable accessory pillows with pillows manufactured with a pillow 
label compliant with the FMVSS No. 213 prior to delivery.
    Graco believes that the noncompliance of the pillow label to meet 
the requirements of FMVSS No. 213 is inconsequential to overall motor 
vehicle safety for the following reasons:

    When reviewing the accessory pillow at issue, including its 
size, location, function and overall design, the risk of injury 
resulting from the noncompliant Label on the detachable accessory 
pillow is inconsequential to the overall safety of the MyRide seat. 
Specifically, the Label is a physically small component of the child 
restraint system located in an area not likely to be exposed to open 
flame. In fact, the potential for the Label serving as an ignition 
point for a larger conflagration is near zero. This circumstance, 
along with the compliant status of all other fabric and label 
components of the MyRide seat, render the Label's noncompliance 
inconsequential to motor vehicle safety.
    As noted above, the Label is a rectangular shaped tag measuring 
approximately 3 inches by 1\1/4\ inches. The area of the Label is 
insignificant with respect to the over two yards of fabric that is 
used to make the pad and the ``soft goods'' for the MyRide seat. 
Proportionally, the percentage of material is less than \1/100\% of 
the total surface area of the seat. Moreover, all other fabric, 
including other warning labels for the MyRide seat, are flame 
resistant. The small size of affected material renders the 
likelihood of ignition of this one Label highly untenable.
    In addition * * * the Label is also located in an area that 
makes it highly unlikely to be exposed to an open flame without the 
passenger compartment of the car being already engulfed in flame * * 
* When put in its proper place * * * the Label is surrounded by 
flame resistant material and in a location interior to the overall 
seat design * * *''
    Moreover * * * the owner's manual and instructions for the 
MyRide seat express state that the pillow is not to be used with any 
child over 18.1 kg (40 lbs) placed into the MyRide seat. 
Accordingly, a significant number of MyRide seats are not used with

[[Page 18953]]

the pillow, thereby further reducing an already low risk of 
flammability.

* * * the MyRide * * * child restraint is not designed to be easily 
removed from a motor vehicle once installed * * * the MyRide seat is 
tethered into the seat or is installed for use with the motor 
vehicle's type II lap and shoulder belt. Therefore, the only risk of 
exposure to an ignition source would be while installed in a motor 
vehicle where pinpoint open flame in the upper portion of the child 
restraint system on one particular side is highly unlikely.
    Graco has considered the potential for variety of potential 
ignition sources that may be exposed to the tag. The Company 
believes that the likelihood of the Label coming accidentally in 
contact with any type of ignition device is extremely low. Graco's 
analysis also included potential ignition from cigarettes or other 
smoking materials * * *

    Graco also mentioned that real world reports support the Company's 
belief that the noncompliant pillow labels are not a risk to safety. 
Graco said it has received no reports or complaints of a fire involving 
the MyRide\TM\ 65 seat or any of its components. Graco added, ``The 
insignificant opportunity of a fire hazard to a child from ignition of 
this small tag, located in the interior portion of the child seat 
contained inside a motor vehicle supports Graco's assertion regarding 
the inconsequential nature of this noncompliance.''
    In summation Graco restated its belief that based on the size of 
the pillow label, its location, compliance of all other labels and 
fabric with FMVSS No. 213, and the nearly impossible opportunities for 
direct ignition of the pillow label only, that the described 
noncompliance of the pillow label to meet the requirements of FMVSS No. 
213 is inconsequential to motor vehicle safety. Thus, Graco requests 
that NHTSA grant its petition to exempt it from providing notification 
of noncompliance as required by 49 U.S.C. 30118 and remedying the 
noncompliance as required by 49 U.S.C. 30120.
    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 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.
    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 be submitted by 
any of the following methods:
    a. 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.
    b. By hand delivery 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.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) Web site at https://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    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 https://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 https://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 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: May 10, 2010.

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

    Issued on: April 7, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-8310 Filed 4-12-10; 8:45 am]
BILLING CODE 4910-59-P