Graco Children's Products, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 31968-31969 [2015-13599]

Download as PDF 31968 Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0036; Notice 1] Graco Children’s Products, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Graco Children’s Products, Inc., (Graco) has determined that certain Graco child restraints do not fully comply with paragraph S5.5.2(g)(1)(iii) of Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. Graco has filed an appropriate report dated March 13, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is July 6, 2015. 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 https:// 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- wreier-aviles on DSK5TPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 15:33 Jun 03, 2015 Jkt 235001 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. SUPPLEMENTARY INFORMATION: I. Graco’s Petition: 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 judgement concerning the merits of the petition. II. Child Restraints Involved: Affected are approximately 31,838 Graco ComportSport, Graco Classic Ride, and Graco Ready Ride child restraints manufactured between March 1, 2014 and February 28, 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 instructional statement required by paragraph S5.5.2(g)(1)(iii) of FMVSS No. 213. IV. Rule Text: Paragraph S5.5.2(g)(1)(iii) 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 specified statements specified in paragraphs (1) and (2) PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 (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 . . . (iii) Follow all instructions on this child restraint and in the written instructions located (insert storage location on the restraint for the manufacturer’s installation instruction booklet or sheet). V. Summary of Graco’s Analyses: Graco stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) Graco observed that many child seats are sold with their instruction manual placed in an appropriate longterm storage location. Graco believes that in such cases the statement required by paragraph S5.5.2(g)(1)(iii) of FMVSS No. 213 is intended to remind consumers that the child restraint was sold with instructions and to inform them where to find those instructions. Because the subject child restraints are sold with the instruction manual in a plastic pouch on the child restraint’s harness strap, Graco believes that the original consumer must initially interact with the instructions in order to install the child seat, therefore achieving the same result intended by the subject label statement. Being thereby made aware of the instructions, the consumer can then place the instructions directly into the storage location for future access. (B) In a case of subsequent users, Graco believes the location of a properly stored manual, near the top of the seat back, is readily visible and obvious due to the size, shape and color contrast between the instruction manual and the seat back. (C) Graco considers the risk of the original consumer not placing the instruction manual into the proper storage location to be no different from the risk where a subsequent user does not place the instructions into the storage location after use. (D) Graco further notes that installation instructions are also readily available on Graco’s Web site or by calling its customer hotline. 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 noncompliance as required by 49 U.S.C. 30118 and remedying the recall 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 E:\FR\FM\04JNN1.SGM 04JNN1 Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices 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. 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 child restraint 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 Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–13599 Filed 6–3–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Departmental Offices; Renewal of the Treasury Borrowing Advisory Committee of the Securities Industry and Financial Markets Association ACTION: Notice of renewal. In accordance with the Federal Advisory Committee Act, as amended (Pub. L. 92–463; 5 U.S.C. App. 2), with the concurrence of the General wreier-aviles on DSK5TPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 15:33 Jun 03, 2015 Jkt 235001 Services Administration, the Secretary of the Treasury is renewing the Treasury Borrowing Advisory Committee of the Securities Industry and Financial Markets Association (the ‘‘Committee’’). FOR FURTHER INFORMATION CONTACT: Fred Pietrangeli, Director, Office of Debt Management (202) 622–1876. SUPPLEMENTARY INFORMATION: The purpose of the Committee is to provide informed advice as representatives of the financial community to the Secretary of the Treasury and Treasury staff, upon the Secretary of the Treasury’s request, in carrying out Treasury responsibilities for Federal financing and public debt management. The Committee meets to consider and provide advice on special items pertaining to immediate Treasury funding requirements and longer term approaches to manage the national debt in a cost-effective manner. The Committee usually meets immediately before Treasury announces each quarter funding operation, although special meetings also may be held. Membership consists of up to 20 representative or special government employee members who are appointed by Treasury. The members are senior-level officials who are employed by primary dealers, institutional investors, and other major participants in the government securities and financial markets as well as recognized experts in the fields of economics and finance, financial market analysis, or financial institutions and markets. The Treasury Department transmitted copies of the Committee’s renewal charter to the Senate Committee on Finance, the House Committee on Ways PO 00000 Frm 00084 Fmt 4703 Sfmt 9990 31969 and Means, the Senate Committee on Banking, Housing and Urban Affairs, and the House Committee on Financial Services in Congress on or about May 11, 2015. Dated: May 28, 2015. Fred Pietrangeli, Director of the Office of Debt Management. [FR Doc. 2015–13573 Filed 6–3–15; 8:45 am] BILLING CODE P DEPARTMENT OF VETERANS AFFAIRS Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the Department of Veterans Affairs (VA) teleconference meeting of Oncology-C Subcommittee of the Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board (JBL/CS SMRB), which was published in the Federal Register on April 21, 2015, 80 FR 22266. The meeting notice is amended to change the date of the meeting from June 3, 2015, at 1 p.m. to June 10, 2015, at 10 a.m. The meeting is closed to the public. Dated: June 1, 2015. Rebecca Schiller, Advisory Committee Management Officer. [FR Doc. 2015–13619 Filed 6–3–15; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Pages 31968-31969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13599]



[[Page 31968]]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0036; 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 child restraints do not fully comply with paragraph 
S5.5.2(g)(1)(iii) of Federal Motor Vehicle Safety Standard (FMVSS) No. 
213, Child Restraint Systems. Graco has filed an appropriate report 
dated March 13, 2015, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is July 6, 2015.

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 https://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 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.

SUPPLEMENTARY INFORMATION: 
    I. Graco's Petition: 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 judgement concerning the merits of the petition.
    II. Child Restraints Involved: Affected are approximately 31,838 
Graco ComportSport, Graco Classic Ride, and Graco Ready Ride child 
restraints manufactured between March 1, 2014 and February 28, 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 instructional statement required by paragraph 
S5.5.2(g)(1)(iii) of FMVSS No. 213.
    IV. Rule Text: Paragraph S5.5.2(g)(1)(iii) 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 specified 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 . . .
    (iii) Follow all instructions on this child restraint and in the 
written instructions located (insert storage location on the 
restraint for the manufacturer's installation instruction booklet or 
sheet).

    V. Summary of Graco's Analyses: Graco stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    (A) Graco observed that many child seats are sold with their 
instruction manual placed in an appropriate long-term storage location. 
Graco believes that in such cases the statement required by paragraph 
S5.5.2(g)(1)(iii) of FMVSS No. 213 is intended to remind consumers that 
the child restraint was sold with instructions and to inform them where 
to find those instructions. Because the subject child restraints are 
sold with the instruction manual in a plastic pouch on the child 
restraint's harness strap, Graco believes that the original consumer 
must initially interact with the instructions in order to install the 
child seat, therefore achieving the same result intended by the subject 
label statement. Being thereby made aware of the instructions, the 
consumer can then place the instructions directly into the storage 
location for future access.
    (B) In a case of subsequent users, Graco believes the location of a 
properly stored manual, near the top of the seat back, is readily 
visible and obvious due to the size, shape and color contrast between 
the instruction manual and the seat back.
    (C) Graco considers the risk of the original consumer not placing 
the instruction manual into the proper storage location to be no 
different from the risk where a subsequent user does not place the 
instructions into the storage location after use.
    (D) Graco further notes that installation instructions are also 
readily available on Graco's Web site or by calling its customer 
hotline.
    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 noncompliance as required by 49 U.S.C. 30118 and 
remedying the recall 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

[[Page 31969]]

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. 
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 child restraint 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 Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-13599 Filed 6-3-15; 8:45 am]
BILLING CODE 4910-59-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.