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Baby Jogger, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Topics:  Baby Jogger

Baby Jogger, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

Jeffrey Giuseppe
National Highway Traffic Safety Administration
September 8, 2015


[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Notices]
[Pages 53914-53915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22573]



[[Page 53914]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0074; Notice 1]


Baby Jogger, LLC, Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Baby Jogger, LLC (Baby Jogger), has determined that certain 
Baby Jogger rear-facing infant seats and bases do not fully comply with 
paragraphs S5.5, S5.6, S5.8, and S8.1 of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 213, Child Restraint Systems. Baby Jogger has 
filed an appropriate report dated June 4, 2015, pursuant to 49 CFR part 
573, Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is October 8, 
2015.

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 http://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 http://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 http://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 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.

SUPPLEMENTARY INFORMATION:

I. Overview

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Baby Jogger 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 Baby Jogger'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 15,103 of the following Baby Jogger 
rear-facing infant seats and bases manufactured between November 3, 
2014 and April 30, 2015:
     City GO Infant Car Seat/Model No. BJ64510
     City GO Infant Car Seat/Model No. BJ64529
     City GO Base for Infant Car Seat/Model No. BJ80400
     City GO Base for Infant Car Seat/Model No. BJ61500
     City Mini Infant Cars Seat/Stroller Travel System/Model 
No.BJ72510
     Vue Lite Infant Car Seat/Stroller Travel System/Model No. 
BJ70411
     Vue Lite Infant Car Seat/Stroller Travel System/Model No. 
BJ70424
     Vue Lite Infant Car Seat/Stroller Travel System/Model No. 
BJ70431

III. Noncompliances

    Baby Jogger explains that the affected child restraints do not 
fully comply with the numerous paragraphs of FMVSS No. 213 for the 
following reasons:

    Paragraph S5.5.2--The required information in English is no 
smaller than 10 point type, but the Spanish information is smaller 
at about 7 point type. This only applies to models BJ64510 and 
BJ64529.
    Paragraph S5.5.2(d)--The ``manufactured in address'' on the 
label is in about 8 font which is smaller than the required 10 point 
type.
    Paragraph S5.5.2(m)--The required ``Child restraints could be 
recalled for safety reasons . . .'' text is on a black background 
with white text instead of black text on a white background.
    Paragraph S5.5.2(g)(1)--The label has the ``Follow all 
instructions. . .'' ahead of the ``Secure this child restraint 
statement . . .'' instead of the reverse order as required. This 
noncompliance only affects models BJ64510 and BJ64529.
    Paragraph S5.5.2(n)--The label has ``This child restraint is 
certified for use in motor vehicles and aircraft.'' Other than the 
first word, no words other words are capitalized.
    Paragraph S5.5.2.(k)(3)(ii)--The message area measures 23.4 
square cm on models BJ70411, BJ70424 and BJ70431 which is less than 
the minimum required message area of 30 square cm.
    Paragraph S5.5.2.(k)(3)(iii)--On models BJ70411, BJ70424 and 
BJ70431 the red circle on the required pictogram is 29mm in diameter 
which is less than the required 30mm in diameter.
    Paragraph S5.6.1.7--The instruction manuals do not include 
reference to the required Web site in the section regarding child 
restraint recalls.
    Paragraph S5.6.3--The instruction manuals do not include the 
required statement ``A snug strap should not allow any slack . . .''
    Paragraph S5.8.2(a)(1)--The electronic registration form does 
not have the required statement ``FOR YOUR CHILD'S CONTINUED SAFETY 
. . .''
    Paragraph S5.8.1(b)(2)--Figure 9a requires minimum 10% screen 
tint on the lower half of the form. The form is missing the required 
tinting.
    Paragraph S8.1--No instructions for installing the system in an 
aircraft passenger seat were provided.

IV. Summary of Baby Jogger's Analyses

    Baby Jogger organized its reasoning to substantiate 
inconsequentiality into the following five groupings that it believes 
are similar issues between the numerous noncompliances:
    a. Information Type Size/Capitalization/Presentation order
    b. Background color
    c. On-Product Label Message Area and Pictogram Sizes
    d. Omitted Information
    e. Spanish Language Type Size
    Refer to Baby Jogger's petition for their complete reasoning and 
associated

[[Page 53915]]

illustrations. 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-2015-0074.''
    Baby Jogger additionally informed NHTSA that they have corrected 
all labeling noncompliances and that all future productions of the 
infant car seat/stroller systems and stand-alone units will be in full 
compliance with FMVSS No. 213.
    In summation, Baby Jogger believes that the described noncompliance 
of the subject infant car seat/stroller systems and standalone units is 
inconsequential to motor vehicle safety, and that its petition, to 
exempt Baby Jogger from providing recall notification of noncompliance 
as required by 49 U.S.C. 30118 and remedying the recall 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 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 Baby 
Jogger no longer controlled at the time it determined that the 
noncompliance existed. However, any decision on this petition does not 
relieve child restraint 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 Baby Jogger 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 Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-22573 Filed 9-4-15; 8:45 am]
 BILLING CODE 4910-59-P

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