Graco Children's Products, Inc., Denial of Petition for Decision of Inconsequential Noncompliance, 59268-59270 [2016-20560]

Download as PDF 59268 Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Notices visual acuity in his right eye is 20/80, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘His uncorrected visual acuity had improved to 20/80 OD and continues to be 20/20 OS. Due to this improvement in his uncorrected visual acuity of his right eye I would recommend that you consider a reevaluation for the possibility of Mr. Shabloski to obtain his CDL.’’ Mr. Shabloski reported that he has driven straight trucks for 20 years, accumulating 116,000 miles and tractortrailer combinations for 20 years, accumulating 54,000 miles. He holds a Class A CDL from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Curtis L. Shannon Mr. Shannon, 44, has had congenital coloboma in his left eye since birth. The visual acuity in his right eye is 20/30, and in his left eye, 20/400. Following an examination in 2016, his optometrist stated, ‘‘It is my medical opinion that Mr. Curtis meets/exceeds all necessary vision test for CDL [sic].’’ Mr. Shannon reported that he has driven straight trucks for 4 years, accumulating 40,000 miles, and tractor-trailer combinations for 4 years, accumulating 90,000 miles. He holds an operator’s license from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. jstallworth on DSK7TPTVN1PROD with NOTICES Ricardo N. Vargas Mr. Vargas, 62, has a macular scar in his left eye since 2000. The visual acuity in his right eye is 20/20, and in his left eye, 20/80. Following an examination in 2016, his optometrist stated, ‘‘In my opinion Ricardo has sufficient vision to perform driving tasks required for commercial vehicle [sic].’’ Mr. Vargas reported that he has driven tractortrailer combinations for 17 years, accumulating 680,000 miles. He holds a Class A CDL from California. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Johnny Watson Mr. Watson, 59, has a prosthetic left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2015, his ophthalmologist stated, ‘‘The patient has excellent visual acuity in his right eye with a full visual field of 120 in the horizontal. I think that he has adequate vision to perform any tasks assigned to him. The question was VerDate Sep<11>2014 15:27 Aug 26, 2016 Jkt 238001 posed as to whether or not he could perform the driving tasks required to operate a commercial vehicle. Although I feel that this is the case, I cannot comment with a certainty as I have never personally witnessed the patient operation [sic] a commercial vehicle.’’ Mr. Watson reported that he has driven straight trucks for 25 years, accumulating 300,000 miles, and tractor-trailer combinations for 15 years, accumulating 120,000 miles. He holds a Class BM CDL from Georgia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Harold F. White, Jr. Mr. White, 53, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/50. Following an examination in 2016, his optometrist stated, ‘‘It is my opinion that he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. White reported that he has driven straight trucks for 4 years, accumulating 35,000 miles. He holds an operator’s license from South Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. III. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. 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 the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and put the docket number FMCSA–2016–0033 in the ‘‘Keyword’’ box, and click ‘‘Search. When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA will consider all comments and material received during the comment period. FMCSA may issue a final determination at any time after the close of the comment period. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov and insert the docket number FMCSA–2016–0033 in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ button and choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–20494 Filed 8–26–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0127; 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 Milestone child restraints 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. NHTSA is denying the petition. ADDRESSES: For further information on this decision contact Zachary Fraser, SUMMARY: E:\FR\FM\29AUN1.SGM 29AUN1 Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Notices Office of Vehicles Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5754, facsimile (202) 366– 5930. V. Summary of Graco’s Analyses: Graco stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: SUPPLEMENTARY INFORMATION: (1) Graco stated that visual pictograms affixed to the subject child restraints show the rear-facing and forward-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). The pictogram showing the rear-facing child restraint is located on the noncompliant label just below the omitted required phrase. The pictogram showing the forward-facing child restraint is located on a label in a different location on the restraint. Graco believes that the pictograms provide the same information as the omitted 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 procedures 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 also includes multiple prominently placed safety warnings regarding the need to secure the child restraint with the child restraint anchorage system or the vehicle seat belt. Graco added that for those consumers who obtain a child restraint second hand or without the instruction manual, the pictograms on the labels suffice for providing the omitted information. (3) Graco stated its belief that consumers generally understand that child restraints must be installed/secured in a vehicle’s seat to be effective. Graco also stated that consumers will be visually drawn to illustrations showing the child restraint being secured in the vehicle thus the omitted required phrase does not affect the crashworthiness of the child restraint. Graco has additionally informed NHTSA that it has corrected the noncompliance so that child restraints produced after October 2, 2015, comply with all applicable labeling requirements of FMVSS No. 213. jstallworth on DSK7TPTVN1PROD with NOTICES 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 petition was published, with a 30-day public comment period, on February 17, 2016, in the Federal Register (81 FR 8123). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2015– 0127.’’ 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 an omitted statement on the child restraint’s label. 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]. . . . VerDate Sep<11>2014 15:27 Aug 26, 2016 Jkt 238001 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’S Decision NHTSA’s Analysis: The omitted label text required by S5.5.2(g)(1)(ii) of FMVSS No. 213, instructs a caregiver using the child seat to secure the child restraint with the vehicle’s child restraint anchorage system if available PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 59269 or with a vehicle belt. The text is required to be placed under a larger label heading required by S5.5.2(g)(1) which states ‘‘WARNING! DEATH or SERIOUS INJURY can occur’’ capitalized as written and followed by bulleted statements in sequential order, beginning with important instructions for rear-facing usage, the maximum mass of children that can safely occupy the system, proper adjustment of the belts provided with the child restraint, instructions for securing the child restraint tether and the child restraint to the vehicle, and guidance on using and storing the instruction manual and on registering the restraint for recall notification purposes. 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 is not persuaded by Graco’s statements that the missing statement is inconsequential to safety. Even though the subject child restraints are sold with labels that contain pictograms showing installations of rear-facing and forward-facing child restraints with anchorage systems and vehicle seat belt systems, the consumer may not be forewarned of the importance of the information being conveyed in these labels due to the omitted statement and its location under the capitalized warning heading. Graco further contends that the printed instruction manual contains written procedures to secure the child restraint in rear-facing and forwardfacing modes using anchorage systems and vehicle seat belt systems. Also, for those consumers who obtain a child restraint second-hand or without the instruction manual, Graco believes the pictograms on the labels suffice for providing the omitted information. The agency disagrees with Graco’s contention that since the printed instruction manual contains written instructions to install the child restraint in the rear-facing and forward-facing modes with anchorage systems and vehicle seat belt systems, the missing statement is inconsequential to safety. Even though the subject child restraints are required to be sold with a printed instruction manual containing written procedures for securing the child restraint in the vehicle, the consumer may not be forewarned to use the manual for specific instructions to properly secure the child restraint in the vehicle due to the omitted required statement. Consumers who may obtain a child restraint second-hand or without the instruction manual, would, according to Graco, be provided the omitted information with the E:\FR\FM\29AUN1.SGM 29AUN1 59270 Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Notices pictograms on the labels. The agency stated above that the consumer may not be forewarned of the importance of the information being conveyed in these labels due to the omitted statement and its location under the capitalized warning heading. Graco stated its belief that consumers generally understand that child restraints must be installed/secured in a vehicle’s seat to be effective. Graco also stated that consumers will be visually drawn to illustrations showing the child restraint being secured in the vehicle, thus, the omitted required phrase does not affect the crashworthiness of the child restraint. Graco has presented no evidence to support this claim. In fact, the agency is aware of instances of gross misuse in the past where child restraints were found completely unattached to the vehicle seat. NHTSA does not agree that consumers necessarily understand the proper installation of child restraints in a vehicle seat, especially in a child restraint without the required statement. Also, NHTSA does not agree that consumers will necessarily be visually drawn to illustrations showing the child restraint being secured in the vehicle. In summation, the agency believes that all the requirements contained in FMVSS No. 213 pertaining to the proper securement of a child restraint in a vehicle as described in the required statement omitted by Graco and included in the pictograms and printed instruction manuals are necessary to convey this important information. NHTSA’s Decision: In consideration of the foregoing, NHTSA finds 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 free remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Gregory K. Rea, Associate Administrator for Enforcement. [FR Doc. 2016–20560 Filed 8–26–16; 8:45 am] jstallworth on DSK7TPTVN1PROD with NOTICES BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Sanctions Actions Pursuant to Executive Order 13667 Office of Foreign Assets Control, Treasury. AGENCY: VerDate Sep<11>2014 15:27 Aug 26, 2016 Jkt 238001 ACTION: Notice. The Treasury Department’s Office of Foreign Assets Control (OFAC) is publishing the names of two individuals whose property and interests in property are blocked pursuant to Executive Order (E.O.) 13667 and whose names have been added to OFAC’s list of Specially Designated Nationals and Blocked Persons (SDN List). SUMMARY: OFAC’s actions described in this notice were effective August 23, 2016. DATES: Dated: August 23, 2016. Andrea M. Gacki, Acting Director, Office of Foreign Assets Control. [FR Doc. 2016–20583 Filed 8–26–16; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request August 24, 2016. On August 23, 2016, OFAC blocked the property and interests in property of the following individuals pursuant to E.O. 13667, ‘‘Blocking Property of Certain Persons Contributing to the Conflict in the Central African Republic’’: The Department of the Treasury will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104–13, on or after the date of publication of this notice. DATES: Comments should be received on or before September 28, 2016 to be assured of consideration. ADDRESSES: Send comments regarding the burden estimates, or any other aspect of the information collection, including suggestions for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at OIRA_Submission@OMB.EOP.gov and (2) Treasury PRA Clearance Officer, 1750 Pennsylvania Ave. NW., Suite 8117, Washington, DC 20220, or email at PRA@treasury.gov. FOR FURTHER INFORMATION CONTACT: Copies of the submission may be obtained by emailing PRA@treasury.gov, calling (202) 622–1295, or viewing the entire information collection request at www.reginfo.gov. 1. KONY, Ali (a.k.a. BASHIR, Ali Lalobo; a.k.a. KAPERE, Otim; a.k.a. KONY, Ali Mohammed; a.k.a. LABOLA, Ali Mohammed; a.k.a. LABOLO, Ali Mohammad; a.k.a. LALOBO, Ali; a.k.a. LALOBO, Ali Bashir; a.k.a. LALOBO, Ali Mohammed; a.k.a. SALONGO, Ali Mohammed; a.k.a. ‘‘1–P’’; a.k.a. ‘‘Bashir’’; a.k.a. ‘‘Caesar’’; a.k.a. ‘‘MOHAMMED, Ali’’; a.k.a. ‘‘One-P’’), Kafia Kingi; DOB 1994; alt. DOB 1995; alt. DOB 1993; alt. DOB 1992 (individual) [CAR] (Linked To: KONY, Joseph; Linked To: LORD’S RESISTANCE ARMY). 2. KONY, Salim (a.k.a. KONY, Salim Saleh; a.k.a. OBOL, Simon Salim; a.k.a. OGARO, Salim; a.k.a. OGARO, Salim Saleh Obol; a.k.a. SALEH, Salim; a.k.a. SALIM, Okolu), Kafia Kingi; Central African Republic; DOB 1992; alt. DOB 1991; alt. DOB 1993 (individual) [CAR] (Linked To: KONY, Joseph; Linked To: LORD’S RESISTANCE ARMY). Bureau of the Fiscal Service OMB Control Number: 1530–0022. Type of Review: Revision of a currently approved collection. Title: Electronic Funds Transfer (EFT) Market Research Study. Abstract: This information collection is a generic clearance to conduct customer satisfaction surveys, focus groups, and interviews among recipients of federal benefit and vendor payments through EFT. The need for this market research continues to arise from a Congressional directive that accompanied legislation enacted in 1996, as part of the Debt Collection Improvement Act (Pub. L. 104–134), expanding the scope of check recipients required to use direct deposit to receive Federal benefit payments (see 31 U.S.C. 3332). Congress directed Treasury to ‘‘study the socioeconomic and The Department of the Treasury’s Office of Foreign Assets Control: Assistant Director for Licensing, tel.: 202–622– 2480, Assistant Director for Regulatory Affairs, tel.: 202–622–4855, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622–2490; or the Department of the Treasury’s Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202–622–2410. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability The SDN List and additional information concerning OFAC sanctions programs are available from OFAC’s Web site (www.treasury.gov/ofac). Notice of OFAC Actions PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\29AUN1.SGM 29AUN1

Agencies

[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59268-59270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20560]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0127; 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 Milestone child restraints 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. 
NHTSA is denying the petition.

ADDRESSES: For further information on this decision contact Zachary 
Fraser,

[[Page 59269]]

Office of Vehicles 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 petition was published, with a 30-day 
public comment period, on February 17, 2016, in the Federal Register 
(81 FR 8123). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2015-0127.''
    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 an 
omitted statement on the child restraint's label. 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 visual pictograms affixed to the subject 
child restraints show the rear-facing and forward-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). The pictogram showing the rear-facing child 
restraint is located on the noncompliant label just below the 
omitted required phrase. The pictogram showing the forward-facing 
child restraint is located on a label in a different location on the 
restraint. Graco believes that the pictograms provide the same 
information as the omitted 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 procedures 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 also 
includes multiple prominently placed safety warnings regarding the 
need to secure the child restraint with the child restraint 
anchorage system or the vehicle seat belt. Graco added that for 
those consumers who obtain a child restraint second hand or without 
the instruction manual, the pictograms on the labels suffice for 
providing the omitted information.
    (3) Graco stated its belief that consumers generally understand 
that child restraints must be installed/secured in a vehicle's seat 
to be effective. Graco also stated that consumers will be visually 
drawn to illustrations showing the child restraint being secured in 
the vehicle thus the omitted required phrase does not affect the 
crashworthiness of the child restraint. Graco has additionally 
informed NHTSA that it has corrected the noncompliance so that child 
restraints produced after October 2, 2015, 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'S Decision

    NHTSA's Analysis: The omitted label text required by 
S5.5.2(g)(1)(ii) of FMVSS No. 213, instructs a caregiver using the 
child seat to secure the child restraint with the vehicle's child 
restraint anchorage system if available or with a vehicle belt. The 
text is required to be placed under a larger label heading required by 
S5.5.2(g)(1) which states ``WARNING! DEATH or SERIOUS INJURY can 
occur'' capitalized as written and followed by bulleted statements in 
sequential order, beginning with important instructions for rear-facing 
usage, the maximum mass of children that can safely occupy the system, 
proper adjustment of the belts provided with the child restraint, 
instructions for securing the child restraint tether and the child 
restraint to the vehicle, and guidance on using and storing the 
instruction manual and on registering the restraint for recall 
notification purposes. 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 is not persuaded by Graco's statements that the missing 
statement is inconsequential to safety. Even though the subject child 
restraints are sold with labels that contain pictograms showing 
installations of rear-facing and forward-facing child restraints with 
anchorage systems and vehicle seat belt systems, the consumer may not 
be forewarned of the importance of the information being conveyed in 
these labels due to the omitted statement and its location under the 
capitalized warning heading.
    Graco further contends that the printed instruction manual contains 
written procedures to secure the child restraint in rear-facing and 
forward-facing modes using anchorage systems and vehicle seat belt 
systems. Also, for those consumers who obtain a child restraint second-
hand or without the instruction manual, Graco believes the pictograms 
on the labels suffice for providing the omitted information.
    The agency disagrees with Graco's contention that since the printed 
instruction manual contains written instructions to install the child 
restraint in the rear-facing and forward-facing modes with anchorage 
systems and vehicle seat belt systems, the missing statement is 
inconsequential to safety. Even though the subject child restraints are 
required to be sold with a printed instruction manual containing 
written procedures for securing the child restraint in the vehicle, the 
consumer may not be forewarned to use the manual for specific 
instructions to properly secure the child restraint in the vehicle due 
to the omitted required statement. Consumers who may obtain a child 
restraint second-hand or without the instruction manual, would, 
according to Graco, be provided the omitted information with the

[[Page 59270]]

pictograms on the labels. The agency stated above that the consumer may 
not be forewarned of the importance of the information being conveyed 
in these labels due to the omitted statement and its location under the 
capitalized warning heading.
    Graco stated its belief that consumers generally understand that 
child restraints must be installed/secured in a vehicle's seat to be 
effective. Graco also stated that consumers will be visually drawn to 
illustrations showing the child restraint being secured in the vehicle, 
thus, the omitted required phrase does not affect the crashworthiness 
of the child restraint. Graco has presented no evidence to support this 
claim. In fact, the agency is aware of instances of gross misuse in the 
past where child restraints were found completely unattached to the 
vehicle seat. NHTSA does not agree that consumers necessarily 
understand the proper installation of child restraints in a vehicle 
seat, especially in a child restraint without the required statement. 
Also, NHTSA does not agree that consumers will necessarily be visually 
drawn to illustrations showing the child restraint being secured in the 
vehicle.
    In summation, the agency believes that all the requirements 
contained in FMVSS No. 213 pertaining to the proper securement of a 
child restraint in a vehicle as described in the required statement 
omitted by Graco and included in the pictograms and printed instruction 
manuals are necessary to convey this important information.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
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 free remedy for, that noncompliance under 49 
U.S.C. 30118 and 30120.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

Gregory K. Rea,
Associate Administrator for Enforcement.
[FR Doc. 2016-20560 Filed 8-26-16; 8:45 am]
 BILLING CODE 4910-59-P