[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Notices]
[Pages 63231-63232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21903]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2007-0030; 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 restraint systems that it manufactured between June 21, 2006 and
October 26, 2007, did not fully comply with paragraphs S5.5.2(m) and
S5.6.1.7 of 49 CFR 571.213, Federal Motor Vehicle Safety Standard
(FMVSS) No. 213 Child Restraint Systems. Graco has filed an appropriate
report pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports.
Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), 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 several million child restraint systems. Paragraph
S5.5.2(m) of 49 CFR 571.213 requires that a child restraint system be
permanently labeled with:
(m) One of the following statements, inserting an address and a
U.S. telephone number. If a manufacturer opts to provide a Web site
on the registration card as permitted in Figure 9a of this section,
the manufacturer must include the statement in part (ii):
(i) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your
name, address, e-mail address if available (preceding four words are
optional) and the restraint's model number and manufacturing date to
(insert address) or call (insert a U.S. telephone number). For
recall information, call the U.S. Government's Vehicle Safety
Hotline at 1-888-327-4236 (TTY: 1-800-424-9153), or go to http://www.NHTSA.gov.''
(ii) ``Child restraints could be recalled for safety reasons.
You must register this restraint to be reached in a recall. Send
your name, address, e-mail address if available [preceding four
words are optional], and the restraint's model number and
manufacturing date to (insert address) or call (insert a U.S.
telephone number) or register online at (insert Web site for
electronic registration form). For recall information, call the U.S.
Government's Vehicle Safety Hotline at 1-888-327-4236 (TTY: 1-800-
424-9153), or go to http://www.NHTSA.gov.''
See also S5.6.1.7 of 49 CFR 571.213.
Graco explains that all subject child restraint systems failed to
comply with the above requirements because labels attached to them did
not include Graco's electronic registration Web site address. In
addition, some models of these restraint systems also had labels that
included an incorrect NHTSA Hotline telephone number.
Graco states that although the Hotline number printed on the labels
is incorrect (i.e., the labels show the superseded NHTSA Hotline
number), Graco has procured the former Hotline number and is prepared
to have all calls to that outdated number automatically routed to the
correct number (i.e., the current NHTSA Hotline number) for a period of
seven years.
Graco additionally states that although its electronic registration
Web site address is not on the restraint systems, its toll free
telephone number appears in at least two places on all the restraint
systems. Also, full contact information, including the Graco's company
Web site address, appears in the owner's manual of every child
restraint system manufactured by Graco.
Graco states that neither the incorrect NHTSA Hotline number nor
the absence of Graco's Web site address have any effect on the
crashworthiness of the restraint systems. Therefore, Graco states that
these noncompliances are inconsequential to motor vehicle safety.
Graco notes that it has stopped shipment of the restraint systems
with incorrect labels and ceased production of new seats while
corrected labels are being printed. Graco proposes two measures as ``an
interim solution to bring infant and child seats produced with the
incorrect label into substantial compliance.'' First, Graco reiterates
its proposal to have calls to the incorrect NHTSA Hotline number
automatically rerouted to the correct number, which has been made
possible by Graco's obtaining the rights to the old number. Graco also
proposes to send a broadcast e-mail with a direct link to Graco's
online registration Web site to approximately 570,000 consumers about
the importance of registration of their child restraint systems. The e-
mail would be sent to approximately 570,000 consumers who have either
registered their child restraint systems through Graco, requested
Graco's newsletter, or whose names have been acquired from prenatal
lists. Graco believes that providing the direct Graco online
registration link will allow those consumers to register their Graco-
brand seats once they have received the e-mail.
In summary, Graco states that it does not believe the
noncompliances described above appreciably impact motor vehicle safety,
and that while the label information required by NHTSA is important, so
is the need to have safety equipment available to consumers. Graco
argues that prioritization is especially important because cessation of
their current shipping and production could jeopardize supplies of
Graco child restraint systems to consumers.
We note 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, these provisions
apply to vehicles and equipment that have already passed from the
manufacturer to an owner, purchaser, or dealer.
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 be submitted by
any of the following methods:
a. 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.
b. By hand delivery 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.
c. 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 1-202-493-2251.
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. Please note that we are
[[Page 63232]]
allowing just 10 days for comment in order to expedite resolution of
this matter. 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: December 10, 2007.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.
Issued on: November 2, 2007.
Daniel C. Smith
Associate Administrator for Enforcement.
[FR Doc. E7-21903 Filed 11-7-07; 8:45 am]
BILLING CODE 4910-59-P