Graco Children's Products, Inc., Denial of Petition for Decision of Inconsequential Noncompliance |
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Topics: Graco
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Gregory K. Rea
National Highway Traffic Safety Administration
29 August 2016
[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