Graco Children's Products, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 8123-8125 [2016-03202]

Download as PDF Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Notices OMB Control Number: 2126–0004. Type of Request: Extension of a currently approved ICR. Respondents: Motor carriers and drivers of commercial motor vehicles. Estimated Number of Respondents: 6.2 million (5.7 million drivers and .5 million motor carriers. Estimated Time per Response: 28 minutes (average). Expiration Date: July 31, 2016. Frequency of Response: Responses to some regulatory requirements of the driver qualification rules occur on a random basis. Other responses occur more predictably. Some responses recur; others do not. For example, motor carriers are required to obtain and review the motor vehicle driving record of their drivers from the State of licensure. They must complete this task at the time of hiring and every year thereafter. The time-of-hiring requirement results in a random frequency of response, but, thereafter, the annual requirement results in a fixed frequency of response. Estimated Total Annual Burden: 9.8 million hours. Definitions (1) ‘‘Federal Motor Carrier Safety Regulations’’ (FMCSRs) are parts 350–399 of Title 49 of the Code of Federal Regulations. (2) ‘‘Commercial Motor Vehicle’’ (CMV) is ‘‘a self-propelled or towed vehicle used on the highways in interstate commerce to transport passengers or property, if the vehicle— (A) has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of at least 10,001 pounds, whichever is greater; (B) is designed or used to transport more than 8 passengers (including the driver) for compensation; (C) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or (D) is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103.’’ asabaliauskas on DSK5VPTVN1PROD with NOTICES Public Comments Invited FMCSA requests that you comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for FMCSA to perform its functions, (2) the accuracy of the estimated burden, (3) ways for the FMCSA to enhance the quality, usefulness, and clarity of the collected information, and (4) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize VerDate Sep<11>2014 19:05 Feb 16, 2016 Jkt 238001 or include your comments in the request for OMB’s clearance of this information collection. Issued under the authority of 49 CFR 1.87 on February 5, 2016. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2016–03183 Filed 2–16–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2016 0009] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel TEMOANANUIAKIVA; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before March 23, 2016. ADDRESSES: Comments should refer to docket number MARAD–2016–0009. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// www.regulations.gov. SUMMARY: FOR FURTHER INFORMATION CONTACT: Bianca Carr, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23–465, Washington, DC 20590. Telephone 202– 366–9309, Email Bianca.carr@dot.gov. PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 8123 As described by the applicant the intended service of the vessel TEMOANANUIAKIVA is: INTENDED COMMERCIAL USE OF VESSEL: ‘‘Snorkel and sailing day use’’ GEOGRAPHIC REGION: ‘‘Hawaii’’ The complete application is given in DOT docket MARAD–2016–0009 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. SUPPLEMENTARY INFORMATION: Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. Dated: February 4, 2016. Gabriel Chavez, Acting Secretary, Maritime Administration. [FR Doc. 2016–03001 Filed 2–16–16; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0127; 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 Milestone child restraints SUMMARY: E:\FR\FM\17FEN1.SGM 17FEN1 8124 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Notices manufactured between July 9, 2015 and October 6, 2015, do not fully comply with paragraph S5.5.2(g)(1)(ii) of Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. Graco filed a report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Graco then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety. The closing date for comments on the petition is March 18, 2016. 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, selfaddressed 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 asabaliauskas on DSK5VPTVN1PROD with NOTICES DATES: VerDate Sep<11>2014 19:05 Feb 16, 2016 Jkt 238001 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 above 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), 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 judgment concerning the merits of the petition. II. Child Restraints Involved: Affected are approximately 8,240 Graco Milestone child restraints manufactured between July 9, 2015 and October 2, 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 phrase ‘‘Secure this child restraint with the vehicle’s child restraint anchorage system,if available, or with a vehicle belt’’ as required by paragraph S5.5.2(g)(1)(ii) of FMVSS No. 213. IV. Rule Text: Paragraph S5.5.2(g)(1)(ii) 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 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: . . . (ii) Secure this child restraint with the vehicle’s child restraint anchorage system if available or with a vehicle belt. [For car beds, harnesses, and belt positioning boosters, the first part of the statement regarding attachment by the child restraint attachment by the child restraint anchorage system is optional]. . . . PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 V. Summary of Graco’s Analyses: Graco stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (1) Graco stated that the noncompliant label provides visual pictograms showing the rear-facing child restraint being secured using the child restraint anchorage system and using a vehicle belt (both with a lap only seat belt and lap/shoulder seat belt). This pictogram is located on the same label just below where the omitted phrase is required to be, and provides the same substance as the language required by FMVSS No. 213. (2) Graco also stated that in addition to the pictograms that describe how to secure the child restraint in the vehicle using the child restraint anchorage system and the vehicle belt, the printed instruction manual provided with the subject child restraints includes written step-by-step installation procedures. The manual also describes why and how to secure the child restraint in rearfacing and forward-facing modes using the child restraint anchorage system as well as the vehicle seat belt systems. The instruction manual additionally includes multiple prominently placed safety warning regarding the need to secure the child restraint with the child restraint anchorage system or the vehicle seat belt. (3) Graco stated its belief that the consumers generally understanding that child restraints must be installed/ secured a vehicle’s seat to be effective. Graco also stated its belief that with respect to labels and instructions, consumers are often drawn first to illustrations and pictograms. (4) Graco also stated its belief that the absence of the omitted phrase from the label does not affect the crashworthiness of the child restraint system. Graco has additionally informed NHTSA that it has corrected the noncompliance so that future production of the subject child restraints will comply with all applicable labeling requirements of FMVSS No. 213. 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 the noncompliance as required by 49 U.S.C. 30118 and remedying the 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 E:\FR\FM\17FEN1.SGM 17FEN1 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Notices 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 equipment 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 M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016–03202 Filed 2–16–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2016–0004; Notice 1] Aston Martin Lagonda Limited, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Aston Martin Lagonda Limited (AML), has determined that certain model year (MY) 2009–2015 Aston Martin DB9 two-door and fourdoor passenger cars do not fully comply with paragraph S4.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 206, Door locks and door retention components. Aston Martin Lagonda of North America, Inc., filed a report dated December 16, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports for AML. AML then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety. DATES: The closing date for comments on the petition is March 18, 2016. 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 in the title of this asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:05 Feb 16, 2016 Jkt 238001 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 comments you have submitted by mail 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. The petition, supporting materials, and all comments received before the close of business on the closing date indicated above will be filed in the docket 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 also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All documents submitted to the 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. The docket ID number for this petition is shown at the heading of this notice. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000, (65 FR 19477–78). SUPPLEMENTARY INFORMATION: PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 8125 I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), AML 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 AML’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. Vehicles Involved: Affected are approximately 5,516 MY 2009–2015 Aston Martin DB9 two-door and fourdoor passenger cars that were manufactured between September 1, 2009 and December 9, 2015. III. Noncompliance: AML explains that the noncompliance occurs when the door locking system in the subject vehicles is double-locked causing the interior operating means for unlocking the door locking mechanism to become disengaged and therefore does not meet the requirements as specified in paragraph S4.3 of FMVSS No. 206. IV. Rule Text: Paragraph S4.3 of FMVSS No. 206 requires in pertinent part: S4.3 Door Locks. Each door shall be equipped with at least one locking device which, when engaged, shall prevent operation of the exterior door handle or other exterior latch release control and which has an operating means and a lock release/ engagement device located within the interior of the vehicle. S4.3.1 Rear side doors. Each rear side door shall be equipped with at least one locking device which has a lock release/ engagement mechanism located within the interior of the vehicle and readily accessible to the driver of the vehicle or an occupant seated adjacent to the door, and which, when engaged, prevents operation of the interior door handle or other interior latch release control and requires separate actions to unlock the door and operate the interior door handle or other interior latch release control. S4.3.2 Back doors. Each back door equipped with an interior door handle or other interior latch release control, shall be equipped with at least one locking device that meets the requirements of S4.3.1. . . . V. Summary of AML’s Petition: AML described the subject noncompliance and stated its belief that the noncompliance is inconsequential to motor vehicle safety for the following reasons: (a) AML stated that the subject vehicles can only be double-locked by using the key fob (which also serves as the ignition key) and that if the vehicle is double-locked from the inside, the driver and or passenger will be able to E:\FR\FM\17FEN1.SGM 17FEN1

Agencies

[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8123-8125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03202]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0127; 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 Milestone child restraints

[[Page 8124]]

manufactured between July 9, 2015 and October 6, 2015, do not fully 
comply with paragraph S5.5.2(g)(1)(ii) of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 213, Child Restraint Systems. Graco filed a report 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. Graco then petitioned NHTSA under 49 CFR part 556 
requesting a decision that the subject noncompliance is inconsequential 
to motor vehicle safety.

DATES: The closing date for comments on the petition is March 18, 2016.

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 above 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), 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 judgment concerning the merits of the petition.
    II. Child Restraints Involved: Affected are approximately 8,240 
Graco Milestone child restraints manufactured between July 9, 2015 and 
October 2, 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 phrase ``Secure this child restraint with the vehicle's 
child restraint anchorage system,if available, or with a vehicle belt'' 
as required by paragraph S5.5.2(g)(1)(ii) of FMVSS No. 213.
    IV. Rule Text: Paragraph S5.5.2(g)(1)(ii) 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 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: . . .
    (ii) Secure this child restraint with the vehicle's child 
restraint anchorage system if available or with a vehicle belt. [For 
car beds, harnesses, and belt positioning boosters, the first part 
of the statement regarding attachment by the child restraint 
attachment by the child restraint anchorage system is optional]. . . 
.

    V. Summary of Graco's Analyses: Graco stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    (1) Graco stated that the noncompliant label provides visual 
pictograms showing the rear-facing child restraint being secured using 
the child restraint anchorage system and using a vehicle belt (both 
with a lap only seat belt and lap/shoulder seat belt). This pictogram 
is located on the same label just below where the omitted phrase is 
required to be, and provides the same substance as the language 
required by FMVSS No. 213.
    (2) Graco also stated that in addition to the pictograms that 
describe how to secure the child restraint in the vehicle using the 
child restraint anchorage system and the vehicle belt, the printed 
instruction manual provided with the subject child restraints includes 
written step-by-step installation procedures. The manual also describes 
why and how to secure the child restraint in rear-facing and forward-
facing modes using the child restraint anchorage system as well as the 
vehicle seat belt systems. The instruction manual additionally includes 
multiple prominently placed safety warning regarding the need to secure 
the child restraint with the child restraint anchorage system or the 
vehicle seat belt.
    (3) Graco stated its belief that the consumers generally 
understanding that child restraints must be installed/secured a 
vehicle's seat to be effective. Graco also stated its belief that with 
respect to labels and instructions, consumers are often drawn first to 
illustrations and pictograms.
    (4) Graco also stated its belief that the absence of the omitted 
phrase from the label does not affect the crashworthiness of the child 
restraint system.
    Graco has additionally informed NHTSA that it has corrected the 
noncompliance so that future production of the subject child restraints 
will comply with all applicable labeling requirements of FMVSS No. 213.
    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 the noncompliance as required by 49 U.S.C. 30118 and 
remedying the 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

[[Page 8125]]

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 
equipment 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 M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-03202 Filed 2-16-16; 8:45 am]
 BILLING CODE 4910-59-P