Notice2026-11339
Evenflo Company, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 5, 2026
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Evenflo Company, Inc. (Evenflo) has determined that certain Evenflo ALL4STAGES child seats do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. Evenflo filed a noncompliance report dated August 19, 2025, and subsequently petitioned NHTSA (the "Agency") on September 15, 2025, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of Evenflo's petition.
Full Text
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<title>Federal Register, Volume 91 Issue 108 (Friday, June 5, 2026)</title>
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[Federal Register Volume 91, Number 108 (Friday, June 5, 2026)]
[Notices]
[Pages 34345-34347]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11339]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2026-0200; Notice 1]
Evenflo Company, Inc., 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: Evenflo Company, Inc. (Evenflo) has determined that certain
Evenflo ALL4STAGES child seats do not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems.
Evenflo filed a noncompliance report dated August 19, 2025, and
subsequently petitioned NHTSA (the ``Agency'') on September 15, 2025,
for a decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces receipt of
Evenflo's petition.
DATES: Send comments on or before July 6, 2026.
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 in the title of this notice and may be
submitted by any of the following methods:
<bullet> Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
<bullet> Hand Delivery: Deliver comments by hand to the 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 for Federal Holidays.
<bullet> Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow the online instructions for submitting
comments.
<bullet> Comments may also be faxed to (202) 493-2251.
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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 comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).
FOR FURTHER INFORMATION CONTACT: Corey Barlet, General Engineer, NHTSA,
Office of Vehicle Safety Compliance, (202) 366-1119.
SUPPLEMENTARY INFORMATION:
I. Overview: Evenflo determined that certain Evenflo ALL4STAGES
child seats do not fully comply with paragraph S5.5 of FMVSS No. 213,
Child Restraint Systems (49 CFR 571.213) and filed a noncompliance
report on August 19, 2025, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. Evenflo petitioned NHTSA on
September 15, 2025, for an exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential as it relates to motor vehicle safety,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
Exemption for Inconsequential Defect or Noncompliance.
This notice of receipt of Evenflo's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
another exercise of judgment concerning the merits of the petition.
II. Child Seats Involved: Approximately 57,999 Evenflo ALL4STAGES
child seats, manufactured between November 15, 2024 and July 22, 2025,
were reported by the manufacturer.
III. Rule Requirements: S5.5 of FMVSS No. 213 includes the
requirements relevant to this petition. The FMVSS requires that all
child restraint system (CRS) labeling, written in a language other than
English, must be an accurate translation of the English labeling and
must not mislead or confuse the consumer.
IV. Noncompliance: Evenflo explains that the Spanish label for the
CRS's recline position has the word atr[aacute]s in the phrase
``ORIENTADO HACIA ATR[Aacute]S'' (meaning ``REAR-FACING'') and the word
adelante in the phrase ``ORIENTADO HACIA ADELANTE'' (meaning ``FORWARD-
FACING'') reversed; thus causing the recline positions intended for use
in the forward-facing orientation to be labeled rear-facing and the
recline positions intended for use in the rear-facing orientation to be
labeled forward-facing.
V. Summary of Evenflo's Petition: The following views and arguments
presented in this section, ``V. Summary of Evenflo's Petition,'' are
the views and arguments provided by Evenflo. They have not been
evaluated by the Agency and do not reflect the views of the Agency.
Evenflo describes the subject noncompliance and contends that the
noncompliance is inconsequential as it relates to motor vehicle safety.
Evenflo states that the noncompliant labels in question are
intended to communicate to the user which recline positions are proper
when using the CRS in either the forward or rear-facing configurations.
While the English language label correctly indicates the positions to
be used to position the child in the restraint when the CRS is oriented
in the forward-facing or rear-facing configuration, the Spanish
language version of the same label swapped the words for ``forward-
facing'' and ``rear-facing.''
Evenflo states that there are other resources available to cue the
consumers about how to select the proper recline position when using
the CRS: the printed instructions, the color coding on the Spanish and
English language labels, and the level indicator on the CRS. Each
resource is described below:
<bullet> The printed instructions, which Evenflo refers to as the
``owner's manual,'' included with each CRS, contains extensive and
accurate instructions in both English and Spanish.
<bullet> The headers in the printed instructions, which pertain to
information specific to forward-facing or rear-facing installation are
color coded: forward-facing installations are under a red header and
rear-facing installations are under a blue header.\1\ These color codes
(red for forward-facing, blue for rear-facing) appear accurately on
both the Spanish and English-language labels to indicate the correct
recline positions, although the terms for ``forward-facing'' and
``rear-facing'' are switched on the Spanish language version of the
label.
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\1\ In their petition, Evenflo incorrectly stated the colors
used on the headers in their written instructions as: red for rear-
facing instructions and blue for forward-facing instructions.
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<bullet> A level indicator on the side of the restraint is intended
to act as a guide for the caregiver during installation. In addition,
some of the non-compliant restraints have a level bubble indicator
capsule near the top of the restraint that is intended to be centered
when the restraint is properly installed in the rear-facing
configuration. Evenflo states that if the user were to install the CRS
in a rear-facing configuration with a recline position intended for the
forward-facing configuration, the CRS would not be level as indicated
on the level indicator(s).
Evenflo states its position that, for the reasons summarized above,
the mislabeling of the Spanish language label is unlikely to cause an
additional risk to safety as the restraint would be so obviously
mispositioned and uncomfortable to the passenger in the rear-facing
configuration that the caregiver would not be likely to use the
restraint in the erroneously labeled recline position.
Furthermore, Evenflo conducted dynamic sled tests with the 12-
month-old CRABI, Hybrid III 3-year-old, and Hybrid III 6-year-old test
dummies with the CRS installed using the incorrect recline positions in
accordance with the noncompliant Spanish language labels. Evenflo
provides a description and table of the results in their petition.
Evenflo stated that all but two of the tests they conducted conformed
with injury criteria, excursion criteria, and maximum seat back angles
specified in the FMVSS. After conducting tests on the seats in multiple
configurations, Evenflo states that using an incorrect
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recline position would have ``no adverse consequences to that child in
a crash based on FMVSS No. 213 criteria.''
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 seats that Evenflo no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve CRS
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 seats under their control after
Evenflo 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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2026-11339 Filed 6-4-26; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on June 5, 2026.
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