Baby Jogger, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 53914-53915 [2015-22573]

Download as PDF 53914 Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0074; Notice 1] Baby Jogger, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Baby Jogger, LLC (Baby Jogger), has determined that certain Baby Jogger rear-facing infant seats and bases do not fully comply with paragraphs S5.5, S5.6, S5.8, and S8.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. Baby Jogger has filed an appropriate report dated June 4, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. SUMMARY: The closing date for comments on the petition is October 8, 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 http:// 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- asabaliauskas on DSK5VPTVN1PROD with NOTICES DATES: VerDate Sep<11>2014 17:18 Sep 04, 2015 Jkt 235001 addressed postcard with the comments. Note that all comments received will be posted without change to http:// 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 http:// 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. Overview Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Baby Jogger 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 Baby Jogger’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. II. Child Restraints Involved Affected are approximately 15,103 of the following Baby Jogger rear-facing infant seats and bases manufactured between November 3, 2014 and April 30, 2015: • City GO Infant Car Seat/Model No. BJ64510 • City GO Infant Car Seat/Model No. BJ64529 • City GO Base for Infant Car Seat/ Model No. BJ80400 • City GO Base for Infant Car Seat/ Model No. BJ61500 • City Mini Infant Cars Seat/Stroller Travel System/Model No.BJ72510 • Vue Lite Infant Car Seat/Stroller Travel System/Model No. BJ70411 • Vue Lite Infant Car Seat/Stroller Travel System/Model No. BJ70424 • Vue Lite Infant Car Seat/Stroller Travel System/Model No. BJ70431 PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 III. Noncompliances Baby Jogger explains that the affected child restraints do not fully comply with the numerous paragraphs of FMVSS No. 213 for the following reasons: Paragraph S5.5.2—The required information in English is no smaller than 10 point type, but the Spanish information is smaller at about 7 point type. This only applies to models BJ64510 and BJ64529. Paragraph S5.5.2(d)—The ‘‘manufactured in address’’ on the label is in about 8 font which is smaller than the required 10 point type. Paragraph S5.5.2(m)—The required ‘‘Child restraints could be recalled for safety reasons . . .’’ text is on a black background with white text instead of black text on a white background. Paragraph S5.5.2(g)(1)—The label has the ‘‘Follow all instructions. . .’’ ahead of the ‘‘Secure this child restraint statement . . .’’ instead of the reverse order as required. This noncompliance only affects models BJ64510 and BJ64529. Paragraph S5.5.2(n)—The label has ‘‘This child restraint is certified for use in motor vehicles and aircraft.’’ Other than the first word, no words other words are capitalized. Paragraph S5.5.2.(k)(3)(ii)—The message area measures 23.4 square cm on models BJ70411, BJ70424 and BJ70431 which is less than the minimum required message area of 30 square cm. Paragraph S5.5.2.(k)(3)(iii)—On models BJ70411, BJ70424 and BJ70431 the red circle on the required pictogram is 29mm in diameter which is less than the required 30mm in diameter. Paragraph S5.6.1.7—The instruction manuals do not include reference to the required Web site in the section regarding child restraint recalls. Paragraph S5.6.3—The instruction manuals do not include the required statement ‘‘A snug strap should not allow any slack . . .’’ Paragraph S5.8.2(a)(1)—The electronic registration form does not have the required statement ‘‘FOR YOUR CHILD’S CONTINUED SAFETY . . .’’ Paragraph S5.8.1(b)(2)—Figure 9a requires minimum 10% screen tint on the lower half of the form. The form is missing the required tinting. Paragraph S8.1—No instructions for installing the system in an aircraft passenger seat were provided. IV. Summary of Baby Jogger’s Analyses Baby Jogger organized its reasoning to substantiate inconsequentiality into the following five groupings that it believes are similar issues between the numerous noncompliances: a. Information Type Size/ Capitalization/Presentation order b. Background color c. On-Product Label Message Area and Pictogram Sizes d. Omitted Information e. Spanish Language Type Size Refer to Baby Jogger’s petition for their complete reasoning and associated E:\FR\FM\08SEN1.SGM 08SEN1 Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices illustrations. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http:// www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2015–0074.’’ Baby Jogger additionally informed NHTSA that they have corrected all labeling noncompliances and that all future productions of the infant car seat/ stroller systems and stand-alone units will be in full compliance with FMVSS No. 213. In summation, Baby Jogger believes that the described noncompliance of the subject infant car seat/stroller systems and standalone units is inconsequential to motor vehicle safety, and that its petition, to exempt Baby Jogger 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 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 Baby Jogger 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 Baby Jogger 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. asabaliauskas on DSK5VPTVN1PROD with NOTICES Jeffrey Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–22573 Filed 9–4–15; 8:45 am] DEPARTMENT OF TRANSPORTATION Surface Transportation Board BILLING CODE 4915–01–P Six County Association of Governments—Construction and Operation Exemption—A Rail Line Between Levan and Salina, Utah 17:18 Sep 04, 2015 Jkt 235001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board DOT. Notice of construction and operation exemption. Information Collection Activities: Statutory Licensing and Consolidation Authority AGENCY: AGENCY: Surface Transportation Board, ACTION: The Board is granting an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 for Six County Association of Governments (Six County) to construct and operate a new line of railroad between Salina, Utah, and a connection with an existing line of the Union Pacific Railroad Company near Juab, Utah. The rail line would provide an alternative rail service option to local industries, particularly the Southern Utah Fuel Company coal mine located about 30 miles northeast of Salina. This exemption is subject to environmental mitigation conditions. SUMMARY: The exemption will be effective on October 3, 2015; petitions for reconsideration must be filed by September 23, 2015. DATES: An original and 10 copies of all pleadings, referring to Docket No. FD 34075 must be filed with the Surface Transportation Board, 395 E Street SW., Washington DC 20423–0001. In addition, one copy of each filing in this proceeding must be served on petitioner’s representative: Sandra L. Brown, Thompson Hine LLP, 1919 M Street NW., Suite 700, Washington, DC 20036–1600. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Nathaniel Bawcombe, (202) 245–0376. (Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at: (800) 877–8339). Copies of written filings will be available for viewing and self-copying at the Board’s Public Docket Room, Room 131, and will be posted to the Board’s Web site. By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Miller. VerDate Sep<11>2014 Decided: August 31, 2015. Kenyatta Clay, Clearance Clerk. [FR Doc. 2015–22537 Filed 9–4–15; 8:45 am] [Docket No. FD 34075] SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ BILLING CODE 4910–59–P 53915 PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 Surface Transportation Board, DOT. 30-day notice and request for comments. ACTION: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501–3519 (PRA), the Surface Transportation Board (Board) gives notice that it is requesting from the Office of Management and Budget (OMB) approval of an extension of the information collection—Statutory Licensing and Consolidation Authority—further described below. The Board previously published a notice about this collection in the Federal Register. 80 FR 38,508 (July 6, 2015). That notice allowed for a 60-day public review and comment period. One comment was received and is addressed in the agency’s submission to OMB as part of this approval process. Under 49 U.S.C. 10901–03 and §§ 11323–26, rail carriers and noncarriers are required to file an application with the Board, or seek an exemption (through petition or notice) from the full application process under § 10502, before they may construct, acquire, or operate a line of railroad; abandon or discontinue operations over a line of railroad; or consolidate their interests through a merger or commoncontrol arrangement. (The relevant information collections are described in more detail below.) Comments are requested concerning: (1) The accuracy of the Board’s burden estimates; (2) ways to enhance the quality, utility, and clarity of the information collected; (3) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate; and (4) whether the collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility. SUMMARY: E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Notices]
[Pages 53914-53915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22573]



[[Page 53914]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0074; Notice 1]


Baby Jogger, LLC, Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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

SUMMARY: Baby Jogger, LLC (Baby Jogger), has determined that certain 
Baby Jogger rear-facing infant seats and bases do not fully comply with 
paragraphs S5.5, S5.6, S5.8, and S8.1 of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 213, Child Restraint Systems. Baby Jogger has 
filed an appropriate report dated June 4, 2015, pursuant to 49 CFR part 
573, Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is October 8, 
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 http://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 http://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 http://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. Overview

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Baby Jogger 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 Baby Jogger'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.

II. Child Restraints Involved

    Affected are approximately 15,103 of the following Baby Jogger 
rear-facing infant seats and bases manufactured between November 3, 
2014 and April 30, 2015:
     City GO Infant Car Seat/Model No. BJ64510
     City GO Infant Car Seat/Model No. BJ64529
     City GO Base for Infant Car Seat/Model No. BJ80400
     City GO Base for Infant Car Seat/Model No. BJ61500
     City Mini Infant Cars Seat/Stroller Travel System/Model 
No.BJ72510
     Vue Lite Infant Car Seat/Stroller Travel System/Model No. 
BJ70411
     Vue Lite Infant Car Seat/Stroller Travel System/Model No. 
BJ70424
     Vue Lite Infant Car Seat/Stroller Travel System/Model No. 
BJ70431

III. Noncompliances

    Baby Jogger explains that the affected child restraints do not 
fully comply with the numerous paragraphs of FMVSS No. 213 for the 
following reasons:

    Paragraph S5.5.2--The required information in English is no 
smaller than 10 point type, but the Spanish information is smaller 
at about 7 point type. This only applies to models BJ64510 and 
BJ64529.
    Paragraph S5.5.2(d)--The ``manufactured in address'' on the 
label is in about 8 font which is smaller than the required 10 point 
type.
    Paragraph S5.5.2(m)--The required ``Child restraints could be 
recalled for safety reasons . . .'' text is on a black background 
with white text instead of black text on a white background.
    Paragraph S5.5.2(g)(1)--The label has the ``Follow all 
instructions. . .'' ahead of the ``Secure this child restraint 
statement . . .'' instead of the reverse order as required. This 
noncompliance only affects models BJ64510 and BJ64529.
    Paragraph S5.5.2(n)--The label has ``This child restraint is 
certified for use in motor vehicles and aircraft.'' Other than the 
first word, no words other words are capitalized.
    Paragraph S5.5.2.(k)(3)(ii)--The message area measures 23.4 
square cm on models BJ70411, BJ70424 and BJ70431 which is less than 
the minimum required message area of 30 square cm.
    Paragraph S5.5.2.(k)(3)(iii)--On models BJ70411, BJ70424 and 
BJ70431 the red circle on the required pictogram is 29mm in diameter 
which is less than the required 30mm in diameter.
    Paragraph S5.6.1.7--The instruction manuals do not include 
reference to the required Web site in the section regarding child 
restraint recalls.
    Paragraph S5.6.3--The instruction manuals do not include the 
required statement ``A snug strap should not allow any slack . . .''
    Paragraph S5.8.2(a)(1)--The electronic registration form does 
not have the required statement ``FOR YOUR CHILD'S CONTINUED SAFETY 
. . .''
    Paragraph S5.8.1(b)(2)--Figure 9a requires minimum 10% screen 
tint on the lower half of the form. The form is missing the required 
tinting.
    Paragraph S8.1--No instructions for installing the system in an 
aircraft passenger seat were provided.

IV. Summary of Baby Jogger's Analyses

    Baby Jogger organized its reasoning to substantiate 
inconsequentiality into the following five groupings that it believes 
are similar issues between the numerous noncompliances:
    a. Information Type Size/Capitalization/Presentation order
    b. Background color
    c. On-Product Label Message Area and Pictogram Sizes
    d. Omitted Information
    e. Spanish Language Type Size
    Refer to Baby Jogger's petition for their complete reasoning and 
associated

[[Page 53915]]

illustrations. To view the petition and all supporting documents log 
onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to 
locate docket number ``NHTSA-2015-0074.''
    Baby Jogger additionally informed NHTSA that they have corrected 
all labeling noncompliances and that all future productions of the 
infant car seat/stroller systems and stand-alone units will be in full 
compliance with FMVSS No. 213.
    In summation, Baby Jogger believes that the described noncompliance 
of the subject infant car seat/stroller systems and standalone units is 
inconsequential to motor vehicle safety, and that its petition, to 
exempt Baby Jogger 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 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 Baby 
Jogger 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 Baby Jogger 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. 2015-22573 Filed 9-4-15; 8:45 am]
 BILLING CODE 4910-59-P