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