[Federal Register Volume 70, Number 85 (Wednesday, May 4, 2005)]
[Notices]
[Pages 23293-23294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8821]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21081; Notice 1]


Graco Children's Products Inc., Receipt of Petition for Decision 
of Inconsequential Noncompliance

    Graco Children's Products Inc. (Graco) has determined that certain 
child restraints that it produced in 2004 do not comply with S4.3(a) of 
49 CFR 571.302, Federal Motor Vehicle Safety Standard (FMVSS) No. 302, 
``Flammability of interior materials.'' Graco has filed an appropriate 
report pursuant to 49 CFR part 573, ``Defect and Noncompliance 
Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Graco has petitioned 
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.
    Affected are a total of approximately 450 Graco Comfort Sport 
convertible child restraints manufactured on December 27, 2004. S4.3(a) 
of FMVSS No. 302 requires that material ``shall not burn * * * at a 
rate of more than 102 mm per minute.'' Two nylon warning labels which 
are a component of these child restraints do not comply with this 
requirement.
    Graco explains that the seat pad used on the Comfort Sport model 
contains two warning labels sewn onto the backside of the seat pad. 
Graco states:

    The pad is an Easy Wash pad with flaps that allow for easy 
removal of the seat pad without disconnecting the harness. The 
labels are sewn to the backside of the two flaps. The label is 
manufactured of nylon material and when tested as a single material 
does not meet the requirements of * * * S4.3(a) . * * *

    Graco believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Graco states 
that the risk of injury from the noncompliance is inconsequential for 
several reasons:

    Location of labels on backside of pad. The labels are located on 
the backside of the pad and directly behind a child seated in the 
child restraint. This location is not directly accessible to any 
flame source. * * * The contribution of the labels to any flame 
spread is negligible.
    Small size of labels. The labels are relatively small compared 
to the overall size of the seat pad. * * * The size of each label is 
1 \3/16\'' x 5\1/2\'' x 0.003'' thick.
    Seat pad and child restraint materials comply with FMVSS No. 
302. The labels are the only material * * * that do not comply with 
FMVSS No. 302. * * * This overwhelming amount of material that 
complies . * * * affords the occupant(s) the necessary protection 
from any flammability hazard . * * *
    Composite flammability testing complies. Although the label is 
not adhered to the pad at every point as specified by FMVSS No. 302 
for composite testing, Graco has tested the labels in a composite * 
* * [and] it burns well within the accepted rate established by 
FMVSS No. 302.

    Graco states that it is unaware of any complaints of a fire in this 
seat and consequently there has been no injury.
    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room

[[Page 23294]]

PL-401, 400 Seventh Street, SW., Washington, DC, 20590-0001. Hand 
Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 
Seventh Street, SW., Washington, DC. It is requested, but not required, 
that two copies of the comments be provided. The Docket Section is open 
on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments 
may be submitted electronically by logging onto the Docket Management 
System Web site at http://dms.dot.gov. Click on ``Help'' to obtain 
instructions for filing the document electronically. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below 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.
    Comment closing date: June 3, 2005.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8)

    Issued on: April 28, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-8821 Filed 5-3-05; 8:45 am]
BILLING CODE 4910-59-P