[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.

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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