[Federal Register: December 20, 2007 (Volume 72, Number 244)]
[Notices]
[Page 72440-72441]
[DOCID:fr20de07-120]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-0030; Notice 2]

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

    Graco Children's Products, Inc. (Graco) has determined that certain
child restraint systems that it recently manufactured do not comply
with labeling requirements pertaining to stating the National Highway
Traffic Safety Administration's (NHTSA) Vehicle Safety Hotline
(Hotline) number and Graco's Web site registration address in paragraph
S5.5.2(m) of 49 CFR 571.213, Federal Motor Vehicle Safety Standard
(FMVSS) No. 213, Child Restraint Systems. On October 26, 2007, Graco
filed an appropriate report pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports identifying several million
child restraint systems manufactured between June 21, 2006 and October
26, 2007 that do not comply with the paragraph of FMVSS No. 213 cited
above. On November 30, 2007, Graco filed an amended report pursuant to
49 CFR Part 573 that corrected the time frame for the noncompliant
child restraints identified in the October 26, 2007 report. Graco now
has determined that all child restraint systems that it manufactured
between November 28, 2005 and October 29, 2007, and certain child
restraint systems that it manufactured between September 1, 2006 and
October 29, 2007, do not comply with the paragraph of FMVSS No. 213
cited above. Affected are over eight million child restraint systems.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions 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. Notice of receipt of the
petition was published, with a 10-day public comment period, on
November 8, 2007 in the Federal Register (72 FR 63231). Although the
text of that notice clearly indicated that only 10 days would be
permitted for comments, the notice as published showed a comment
closing date of December 10, 2007. On November 16, 2007, a correction
notice (72 FR 64708) was published showing the correct comment closing
date, which was November 19, 2007. 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

pull down the ``Search for Dockets'' menu tab and follow the online
search instructions to locate docket number ``NHTSA-2007-0030.''
    For further information on this decision, contact Mr. Zachary R.
Fraser, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone<PHONE_NUMBER>,
facsimile<PHONE_NUMBER>.
    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.''

There are comparable requirements beyond these labeling requirements.
See S<IP_ADDRESS> of 49 CFR 571.213 concerning printed instructions.
    Graco explained that all subject child restraint systems failed to
comply with the above requirements because labels attached to them did
not include Graco's Web site address for electronic registration, which
is required when the manufacturer chooses to provide a Web site on the
registration card. In addition, some models of these restraint systems
also had labels that included an incorrect NHTSA Hotline telephone
number. Graco stated that it has corrected the problem that caused
these errors so that they will not be repeated in future production.
    Graco stated that although the Hotline number printed on the labels
is incorrect (i.e., the labels show a NHTSA Hotline telephone number
that the agency once used but had relinquished its rights to), 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 7
years.
    Graco additionally stated 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 stated 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 stated that
these noncompliances are inconsequential to motor vehicle safety.
    In addition, Graco proposed two measures as ``an interim solution
to bring infant and child seats produced with the incorrect label into
substantial compliance.'' First, Graco reiterated 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 proposed to send a broadcast
e-mail to certain consumers about the importance of registration of
their child restraint systems. The e-mail would include a direct link
to Graco's online registration Web site and be sent to approximately
570,000 consumers who

have either created baby registries 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.

NHTSA Decision

    NHTSA regulations specify that child seat manufacturers must
provide the telephone number for the Vehicle Safety Hotline so that
consumers concerned about safety recalls or potential safety-related
defects could contact the agency. That telephone number has been
changed. A rule published on June 21, 2005, in the Federal Register (70
FR 35556) revised the relevant section of the regulations to state the
new telephone number. The effective date for the new telephone number
was June 21, 2006; however, NHTSA issued an amendment on June 21, 2006
(71 FR 35558) that changed the effective date of the new telephone
number to September 1, 2006.
    Although the Hotline number printed on the labels is not the
correct number, Graco proposed to redirect calls made to the incorrect
Hotline number to the current Hotline number for a period of 7 years.
Since filing its petition, Graco has in fact redirected those calls so
that anyone who calls the incorrect number is automatically connected
to NHTSA's Hotline. NHTSA has confirmed that this change has been
activated. Also, NHTSA has initiated appropriate measures to reacquire
the incorrect Hotline number from Graco. Once NHTSA has re-acquired the
rights to the old number, calls to that number will continue to be
routed directly to the new Hotline. NHTSA therefore agrees with Graco
that there is no adverse safety consequence from this aspect of the
noncompliance because consumers who call the incorrect Hotline number
will automatically be redirected to the current Hotline number.
    Although the Graco models at issue do not have labels containing
Graco's electronic registration Web site address, that address is shown
on the registration cards that come with each new child restraint
system. Those who purchase the seat are, therefore, immediately
presented with the online registration option and the necessary Web
site address where they are most likely to look for it, i.e., on the
product registration card. The additional requirement that the Web site
address also be on the seat label provides helpful information to
owners who have not already registered by using the registration card
or the online option, and may be particularly helpful for subsequent
owners who have not received the registration card. However, even
without the Web site information, the noncompliant label provides the
important information that registration is essential to being notified
of a recall, explains what information needs to be submitted for
registration, and provides Graco's mailing address and telephone number
for that purpose. Therefore, any owner who reads the label will be
informed of the importance of registration and provided with two
methods for accomplishing registration. Also, Graco's company Web site
address appears in every owner's manual, so a person intent on
registering the seat online could readily determine how to do so.
    The only risk created by the noncompliance is that someone who
wished to register the seat online but either ignored the online
registration information on the registration card, or never had the
card, would choose not to register the seat despite the ability to do
so by mail, telephone, or by locating the Web site information in the
owner's manual or through a simple online search. We think the
likelihood is far greater that a person interested in registering the
seat would use one of the available options. Although provision of
information for registration of child seats is very important and
inclusion of the Web site address on the label is one way of making
registration easier, we think the risk created by this particular
noncompliance is very slight and inconsequential to motor vehicle
safety.
    In consideration of the foregoing, NHTSA has decided that Graco has
met its burden of persuasion that the labeling noncompliances described
are inconsequential to motor vehicle safety. Accordingly, Graco's
petition is granted and the petitioner is exempted from the obligation
of providing notification of, and a remedy for, the noncompliances
under 49 U.S.C. 30118 and 30120.

    Authority: 49 U.S.C. 30118, 30120; delegations of authority at
49 CFR 1.50 and 501.8.

    Issued on: December 13, 2007.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E7-24702 Filed 12-19-07; 8:45 am]

BILLING CODE 4910-59-P