Graco Children's Products, Inc., Denial of Petition for Decision of Inconsequential Noncompliance, 1993-1995 [2016-00531]
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Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) Elimination
of the requirement for 3 years of
experience operating CMVs while being
treated with insulin; and (2)
establishment of a specified minimum
period of insulin use to demonstrate
stable control of diabetes before being
allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year
driving experience and fulfilled the
requirements of section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
achieve the requisite level of safety
required of all exemptions granted
under 49 U.S.C.. 31136 (e).
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
limited operating, monitoring and
medical requirements that are deemed
medically necessary.
The FMCSA concluded that all of the
operating, monitoring and medical
requirements set out in the September 3,
2003 notice, except as modified, were in
compliance with section 4129(d).
Therefore, all of the requirements set
out in the September 3, 2003 notice,
except as modified by the notice in the
Federal Register on November 8, 2005
(70 FR 67777), remain in effect.
IV. Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2015–0341 and click the search
button. When the new screen appears,
click on the blue ‘‘Comment Now!’’
button on the right hand side of the
page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
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19:02 Jan 13, 2016
Jkt 238001
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period and may change this proposed
rule based on your comments. FMCSA
may issue a final rule at any time after
the close of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2015–0341 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to the proposed
rulemaking.
Issued on: January 6, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–00653 Filed 1–13–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Sunshine Act Meetings; Unified Carrier
Registration Plan Board of Directors
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Unified Carrier
Registration Plan Board of Directors
Meeting.
AGENCY:
Time and Date: The meeting will
be held on February 2, 2016, from 9:00
a.m. to 12:00 noon Mountain Standard
Time.
PLACE: The meetings will be open to the
public at the Saguaro Scottsdale, 4000
North Drinkwater Blvd., Scottsdale, AZ
85251 and via conference call. Those
not attending the meetings in person
may call 1–877–422–1931, passcode
2855443940, to listen and participate in
the meetings.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED: The Unified
Carrier Registration Plan Board of
Directors (the Board) will continue its
work in developing and implementing
the Unified Carrier Registration Plan
and Agreement and to that end, may
consider matters properly before the
Board.
FOR FURTHER INFORMATION CONTACT: Mr.
Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at
(505) 827–4565.
DATES:
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
1993
Issued on: January 11, 2016.
Larry W. Minor,
Associate Administrator, Office of Policy,
Federal Motor Carrier Safety Administration.
[FR Doc. 2016–00711 Filed 1–12–16; 11:15 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2015–0036; Notice 2]
Graco Children’s Products, Inc., Denial
of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial 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 filed a report
dated March 13, 2015, pursuant to 49
CFR part 573, Defect and
Noncompliance Responsibility and
Reports. Graco then 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.
ADDRESSES: For further information on
the decision contact Zachary Fraser,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5754, facsimile (202) 366–
5930.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Overview
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.
Notice of receipt of the Graco’s
petition was published, with a 30-day
public comment period, on June 4, 2015
in the Federal Register (80 FR 31968).
No comments were received. To view
the petition and all supporting
documents log onto the Federal Docket
Management Systems (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2015–
0036.’’
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1994
Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Notices
II. Child Restraints Involved
Affected are approximately 31,838
Graco ComfortSport, 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. . . .
(g) The 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
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
Graco believes that, because the subject child
restraints are sold with the instruction
manual in a plastic pouch on the child
restraint’s harness strap, the original
consumer must initially interact with the
instructions in order to properly install the
child seat. Therefore, Graco believes the same
result intended by the subject label statement
is achieved, i.e., the consumer is made aware
of the instructions without the statement
required by S5.5.2(g)(1)(iii). Graco believes
that, 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.
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(C) Graco considers the risk that a
consumer does not place the instruction
manual into the proper storage location to be
no different from the risk where that a user
does not replace 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.
For the reasons given above, 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’s Decision
NHTSA’s Analysis: The label text
required by S5.5.2(g)(1)(iii) of FMVSS
No. 213 that Graco omitted is intended
to instruct a person using the child seat
to follow all instructions mounted on
the child restraint as well as additional
written instructions provided with the
restraint. The text also describes the
instruction’s storage location on the
restraint. The text is required to be
placed under a larger label heading
stating, ‘‘WARNING! DEATH or
SERIOUS INJURY can occur.’’ The
importance of the statement omitted by
Graco is underscored by the
requirement that it be located under this
warning heading on the label.
The agency does not concur with
Graco’s contention that the missing
statement is inconsequential. Even
though the subject child restraints are
sold new with the owner’s manual in a
plastic pouch on the child restraint’s
harness strap, the original consumer
may not necessarily know that the
manual has important installation
instructions and other safety
information. In addition, without the
label, the owner is not informed about
the existence of a storage location for
the instructions. NHTSA required a
storage location to better ensure that the
manual is stored with the child seat so
that the document will be easily
available for reference and will be
passed on to subsequent owners of the
restraint.1 Thus, the same result
intended by the subject label statement
(making consumers aware—and
reminding them through the lifetime use
of the child seat—that there is a manual
with important operational information
that should be followed, that there is a
storage location for the manual on the
1 44
PO 00000
FR 72131, 72137 (December 13, 1979).
Frm 00058
Fmt 4703
Sfmt 4703
child seat for storage of the manual)
would not be achieved.
Graco also maintains that 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 user does not replace
the instructions into the storage location
after use. We do not agree with this
argument. With the required statement,
the consumer understands there is a
place to store the instruction manual.
The statement increases the likelihood
that the user will store the manual with
the restraint. Without the statement, the
consumer is made to find the storage
location on his or her own and has to
surmise that the manual should be kept
there.
The agency is concerned about how
subsequent owners could be affected by
the missing label. Child safety seats are
often used secondhand. Without the
label, these owners would not be
informed to locate and review the
instruction manual for important
information. The agency is especially
concerned that subsequent owners of
the affected child restraints will not
even be aware of the existence of an
owner’s instruction manual, especially
if the owner’s instruction manual is
missing when subsequent owners obtain
the child restraint.
Graco further contends that
installation instructions are also readily
available on Graco’s Web site or by
calling its customer hotline. The agency
believes that omitting the statement
directing the user to the instruction
manual may result in the original owner
forgetting there is a manual and/or
subsequent owners not even being
aware of the existence of an instruction
manual. Thus, the owner would not
know to check Graco’s Web site or call
its customer hotline. With the
statement, consumers will be alerted
that a manual exists and can contact
Graco if the manual is missing.
For the above reasons, the agency
disagrees with Graco that the
noncompliance is inconsequential to
motor vehicle safety because the subject
noncompliance can negatively impact
the operational safety of the child
restraints.
NHTSA’s Decision: In consideration
of the foregoing, NHTSA determined
that Graco has not met its burden of
persuasion that the FMVSS No. 213
noncompliance is inconsequential to
motor vehicle safety. Accordingly,
Graco’s petition is hereby denied and
Graco is obligated to provide
notification of, and a remedy for, that
noncompliance under 49 U.S.C. 30118
and 30120.
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14JAN1
Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Notices
Authority: 49 U.S.C. 30118, 30120:
Delegations of authority at 49 CFR 1.95 and
501.8.
Frank S. Borris,
Acting Associate Administrator for
Enforcement.
[FR Doc. 2016–00531 Filed 1–13–16; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. DOT–NHTSA–2015–0110]
Notice and Request for Comments
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Request for public comment on
proposed collection of information.
AGENCY:
The Department of
Transportation (DOT) invites public
comments about our intention to request
the Office of Management and Budget
(OMB) approval to renew an
information collection. Before a Federal
agency can collect certain information
from the public, it must receive
approval from the Office of Management
and Budget (OMB). Under procedures
established by the Paperwork Reduction
Act of 1995, before seeking OMB
approval, Federal agencies must solicit
public comment on proposed
collections of information, including
extensions and reinstatement of
previously approved collections.
DATES: Written comments should be
submitted by March 14, 2016.
ADDRESSES: You may submit comments
[identified by Docket No. DOT–
NHTSA–2015–0110] through one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251
• Mail or Hand Delivery: Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE., West Building, Room W12–
140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Barbara Sauers, (202) 366–0144,
Director, Office of Grants Management
and Operations, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Under the
PRA, before an agency submits a
proposed collection of information to
OMB for approval, it must first publish
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
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19:02 Jan 13, 2016
Jkt 238001
a document in the Federal Register
providing a 60-day comment period and
otherwise consult with members of the
public and affected agencies concerning
each proposed collection of information.
OMB has promulgated regulations
describing what must be included in
such a document. Under OMB’s
regulation (at 5 CFR 1320.8(d)), an
agency must ask for public comment on
the following:
(i) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(ii) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
(iii) How to enhance the quality,
utility, and clarity of the information to
be collected;
(iv) How to minimize the burden of
the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
In compliance with these
requirements, NHTSA asks for public
comments on the following proposed
collection of information:
OMB Control Number: 2127–0597.
Title: State Observational Surveys of
Seat Belt Use.
Type of Review: Reinstatement of an
information collection.
Abstract: The ‘‘Uniform Criteria for
State Observational Surveys of Seat Belt
Use,’’ requires States re-select
observation sites for their annual seat
belt survey. States would use an
updated roadway segment database to
assist with the site selection and then
re-select sites utilizing their currently
approved seat belt survey design.
Section 402 of title 23, United States
Code provides that the Secretary of
Transportation may not approve a State
highway safety program for grant
funding which does not provide
satisfactory assurances that the State
will implement an annual statewide seat
belt use survey in accordance with
criteria established by the Secretary to
ensure that the measurements of seat
belt use are accurate and representative.
The seat belt use survey rates are
verified by the National Highway Traffic
Safety Administration’s National Center
for Statistics and Analysis. The verified
seat belt use rates also determine
whether a State is eligible for an
occupant protection grant as a high seat
belt use rate State having a seat belt use
PO 00000
Frm 00059
Fmt 4703
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1995
rate of at least 90 percent or as a lower
seat belt use rate State having a seat belt
use rate below 90 percent.
Affected Public: State Highway Safety
Offices
Estimated Number of Respondents: 56
Estimated Total Annual Burden
Hours: 19,040
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for the
Department’s performance; (b) the
accuracy of the estimated burden; (c)
ways for the Department to enhance the
quality, utility and clarity of the
information collection; and (d) ways
that the burden could be minimized
without reducing the quality of the
collected information. The agency will
summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
Authority: The Paperwork Reduction Act
of 1995, 44 U.S.C. Chapter 35, as amended;
23 U.S.C. 402 and 405; and 49 CFR 1.94 and
1.95.
Mary D. Gunnels,
Associate Administrator, Office of Regional
Operations and Program Delivery.
[FR Doc. 2016–00655 Filed 1–13–16; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Open Meeting of the Taxpayer
Advocacy Panel’s Special Projects
Committee
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of change of meeting
date.
AGENCY:
In the Federal Register notice
that was originally published on
December 28, 2015, (Volume 80,
Number 248, Page 80878), the meeting
date is now changed. The new dates for
the meeting are, Thursday, March 3,
2016 and Friday, March 4, 2016.
DATES: The meeting will be held
Thursday, March 3, 2016 and Friday,
March 4, 2016.
FOR FURTHER INFORMATION CONTACT: Kim
Vinci at 1–888–912–1227 or 916–974–
5086.
SUMMARY:
Notice is
hereby given pursuant to Section
10(a)(2) of the Federal Advisory
Committee Act, 5 U.S.C. App. (1988)
that an open meeting of the Taxpayer
Advocacy Panel’s Special Projects
Committee will be held Thursday,
SUPPLEMENTARY INFORMATION:
E:\FR\FM\14JAN1.SGM
14JAN1
]]>Agencies
[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Pages 1993-1995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00531]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0036; Notice 2]
Graco Children's Products, Inc., Denial of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial 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 filed a report dated March 13,
2015, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Graco then 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.
ADDRESSES: For further information on the decision contact Zachary
Fraser, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-5754,
facsimile (202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. Overview
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.
Notice of receipt of the Graco's petition was published, with a 30-
day public comment period, on June 4, 2015 in the Federal Register (80
FR 31968). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management Systems
(FDMS) Web site at: https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2015-0036.''
[[Page 1994]]
II. Child Restraints Involved
Affected are approximately 31,838 Graco ComfortSport, 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. . .
.
(g) The 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. Graco believes
that, because the subject child restraints are sold with the
instruction manual in a plastic pouch on the child restraint's
harness strap, the original consumer must initially interact with
the instructions in order to properly install the child seat.
Therefore, Graco believes the same result intended by the subject
label statement is achieved, i.e., the consumer is made aware of the
instructions without the statement required by S5.5.2(g)(1)(iii).
Graco believes that, 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 that a consumer does not place the
instruction manual into the proper storage location to be no
different from the risk where that a user does not replace 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.
For the reasons given above, 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's Decision
NHTSA's Analysis: The label text required by S5.5.2(g)(1)(iii) of
FMVSS No. 213 that Graco omitted is intended to instruct a person using
the child seat to follow all instructions mounted on the child
restraint as well as additional written instructions provided with the
restraint. The text also describes the instruction's storage location
on the restraint. The text is required to be placed under a larger
label heading stating, ``WARNING! DEATH or SERIOUS INJURY can occur.''
The importance of the statement omitted by Graco is underscored by the
requirement that it be located under this warning heading on the label.
The agency does not concur with Graco's contention that the missing
statement is inconsequential. Even though the subject child restraints
are sold new with the owner's manual in a plastic pouch on the child
restraint's harness strap, the original consumer may not necessarily
know that the manual has important installation instructions and other
safety information. In addition, without the label, the owner is not
informed about the existence of a storage location for the
instructions. NHTSA required a storage location to better ensure that
the manual is stored with the child seat so that the document will be
easily available for reference and will be passed on to subsequent
owners of the restraint.\1\ Thus, the same result intended by the
subject label statement (making consumers aware--and reminding them
through the lifetime use of the child seat--that there is a manual with
important operational information that should be followed, that there
is a storage location for the manual on the child seat for storage of
the manual) would not be achieved.
---------------------------------------------------------------------------
\1\ 44 FR 72131, 72137 (December 13, 1979).
---------------------------------------------------------------------------
Graco also maintains that 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 user does not replace the
instructions into the storage location after use. We do not agree with
this argument. With the required statement, the consumer understands
there is a place to store the instruction manual. The statement
increases the likelihood that the user will store the manual with the
restraint. Without the statement, the consumer is made to find the
storage location on his or her own and has to surmise that the manual
should be kept there.
The agency is concerned about how subsequent owners could be
affected by the missing label. Child safety seats are often used
secondhand. Without the label, these owners would not be informed to
locate and review the instruction manual for important information. The
agency is especially concerned that subsequent owners of the affected
child restraints will not even be aware of the existence of an owner's
instruction manual, especially if the owner's instruction manual is
missing when subsequent owners obtain the child restraint.
Graco further contends that installation instructions are also
readily available on Graco's Web site or by calling its customer
hotline. The agency believes that omitting the statement directing the
user to the instruction manual may result in the original owner
forgetting there is a manual and/or subsequent owners not even being
aware of the existence of an instruction manual. Thus, the owner would
not know to check Graco's Web site or call its customer hotline. With
the statement, consumers will be alerted that a manual exists and can
contact Graco if the manual is missing.
For the above reasons, the agency disagrees with Graco that the
noncompliance is inconsequential to motor vehicle safety because the
subject noncompliance can negatively impact the operational safety of
the child restraints.
NHTSA's Decision: In consideration of the foregoing, NHTSA
determined that Graco has not met its burden of persuasion that the
FMVSS No. 213 noncompliance is inconsequential to motor vehicle safety.
Accordingly, Graco's petition is hereby denied and Graco is obligated
to provide notification of, and a remedy for, that noncompliance under
49 U.S.C. 30118 and 30120.
[[Page 1995]]
Authority: 49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8.
Frank S. Borris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2016-00531 Filed 1-13-16; 8:45 am]
BILLING CODE 4910-59-P
