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

Topics:  Graco

Frank S. Borris
National Highway Traffic Safety Administration
January 14, 2016

[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Pages 1993-1995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00531]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0036; 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 child restraints do not fully comply with paragraph 
S5.5.2(g)(1)(iii) of Federal Motor Vehicle Safety Standard (FMVSS) No. 
213, Child Restraint Systems. Graco filed a report dated March 13, 
2015, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Graco then 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.

ADDRESSES: For further information on the decision contact Zachary 
Fraser, Office of Vehicle 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 Graco's petition was published, with a 30-
day public comment period, on June 4, 2015 in the Federal Register (80 
FR 31968). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management Systems 
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2015-0036.''

[[Page 1994]]

II. Child Restraints Involved

    Affected are approximately 31,838 Graco ComfortSport, Graco Classic 
Ride, and Graco Ready Ride child restraints manufactured between March 
1, 2014 and February 28, 2015.

III. Noncompliance

    Graco explains that the noncompliance is due to a labeling issue. 
The labels on the subject child restraints do not contain the 
instructional statement required by paragraph S5.5.2(g)(1)(iii) of 
FMVSS No. 213.

IV. Rule Text

    Paragraph S5.5.2(g)(1)(iii) 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. . . 
.
    (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 . . .
    (iii) Follow all instructions on this child restraint and in the 
written instructions located (insert storage location on the 
restraint for the manufacturer's installation instruction booklet or 
sheet).

V. Summary of Graco's Analyses

    Graco stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:

    (A) Graco observed that many child seats are sold with their 
instruction manual placed in an appropriate long-term storage 
location. Graco believes that in such cases the statement required 
by paragraph S5.5.2(g)(1)(iii) of FMVSS No. 213 is intended to 
remind consumers that the child restraint was sold with instructions 
and to inform them where to find those instructions. Graco believes 
that, because the subject child restraints are sold with the 
instruction manual in a plastic pouch on the child restraint's 
harness strap, the original consumer must initially interact with 
the instructions in order to properly install the child seat. 
Therefore, Graco believes the same result intended by the subject 
label statement is achieved, i.e., the consumer is made aware of the 
instructions without the statement required by S5.5.2(g)(1)(iii). 
Graco believes that, being thereby made aware of the instructions, 
the consumer can then place the instructions directly into the 
storage location for future access.
    (B) In a case of subsequent users, Graco believes the location 
of a properly stored manual, near the top of the seat back, is 
readily visible and obvious due to the size, shape and color 
contrast between the instruction manual and the seat back.
    (C) Graco considers the risk that a consumer does not place the 
instruction manual into the proper storage location to be no 
different from the risk where that a user does not replace the 
instructions into the storage location after use.
    (D) Graco further notes that installation instructions are also 
readily available on Graco's Web site or by calling its customer 
hotline.

    For the reasons given above, 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 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's Decision

    NHTSA's Analysis: The label text required by S5.5.2(g)(1)(iii) of 
FMVSS No. 213 that Graco omitted is intended to instruct a person using 
the child seat to follow all instructions mounted on the child 
restraint as well as additional written instructions provided with the 
restraint. The text also describes the instruction's storage location 
on the restraint. The text is required to be placed under a larger 
label heading stating, ``WARNING! DEATH or SERIOUS INJURY can occur.'' 
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 does not concur with Graco's contention that the missing 
statement is inconsequential. Even though the subject child restraints 
are sold new with the owner's manual in a plastic pouch on the child 
restraint's harness strap, the original consumer may not necessarily 
know that the manual has important installation instructions and other 
safety information. In addition, without the label, the owner is not 
informed about the existence of a storage location for the 
instructions. NHTSA required a storage location to better ensure that 
the manual is stored with the child seat so that the document will be 
easily available for reference and will be passed on to subsequent 
owners of the restraint.\1\ Thus, the same result intended by the 
subject label statement (making consumers aware--and reminding them 
through the lifetime use of the child seat--that there is a manual with 
important operational information that should be followed, that there 
is a storage location for the manual on the child seat for storage of 
the manual) would not be achieved.
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    \1\ 44 FR 72131, 72137 (December 13, 1979).
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    Graco also maintains that the risk of the original consumer not 
placing the instruction manual into the proper storage location to be 
no different from the risk where a user does not replace the 
instructions into the storage location after use. We do not agree with 
this argument. With the required statement, the consumer understands 
there is a place to store the instruction manual. The statement 
increases the likelihood that the user will store the manual with the 
restraint. Without the statement, the consumer is made to find the 
storage location on his or her own and has to surmise that the manual 
should be kept there.
    The agency is concerned about how subsequent owners could be 
affected by the missing label. Child safety seats are often used 
secondhand. Without the label, these owners would not be informed to 
locate and review the instruction manual for important information. The 
agency is especially concerned that subsequent owners of the affected 
child restraints will not even be aware of the existence of an owner's 
instruction manual, especially if the owner's instruction manual is 
missing when subsequent owners obtain the child restraint.
    Graco further contends that installation instructions are also 
readily available on Graco's Web site or by calling its customer 
hotline. The agency believes that omitting the statement directing the 
user to the instruction manual may result in the original owner 
forgetting there is a manual and/or subsequent owners not even being 
aware of the existence of an instruction manual. Thus, the owner would 
not know to check Graco's Web site or call its customer hotline. With 
the statement, consumers will be alerted that a manual exists and can 
contact Graco if the manual is missing.
    For the above reasons, the agency disagrees with Graco that the 
noncompliance is inconsequential to motor vehicle safety because the 
subject noncompliance can negatively impact the operational safety of 
the child restraints.
    NHTSA's Decision: In consideration of the foregoing, NHTSA 
determined 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 remedy for, that noncompliance under 
49 U.S.C. 30118 and 30120.


[[Page 1995]]


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

Frank S. Borris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2016-00531 Filed 1-13-16; 8:45 am]
BILLING CODE 4910-59-P