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