Federal Motor Vehicle Safety Standards; Occupant Crash Protection |
|---|
Topics: National Highway Traffic Safety Administration, Federal Motor Vehicle Safety Standards
|
Christopher A. Hart
Federal Register
March 10, 1994
[Federal Register: March 10, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 74-14; Notice 84]
RIN 2127-AF15
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule; Response to petitions for reconsideration.
-----------------------------------------------------------------------
SUMMARY: On September 2, 1993, NHTSA published a final rule specifying
that manufacturers must install air bags to satisfy automatic crash
protection requirements. The final rule also required that labels
bearing specified information be placed in vehicles equipped with air
bags and that additional, more detailed information about air bags be
provided in the owner's manual.
In response to two petitions for reconsideration, NHTSA is amending
the labeling requirements to allow a consumer information label
regarding utility vehicles to continue to be placed on the sun visor.
In addition, in response to three requests for interpretation, NHTSA is
amending the labeling to clarify that the air bag maintenance label can
be combined with the air bag warning and to allow the use of either the
word ``Caution'' or the word ``Warning'' at the beginning of the air
bag warning label. Finally, this notice explains that translations of
the labels are permitted as long as the required English language
versions are provided.
dates: Effective Date: The amendments made in this rule are effective
March 1, 1994. Compliance dates: Mandatory air bag requirements: See
the Compliance Dates section at the beginning of the ``Supplementary
Information'' section of the final rule (58 FR 46551; September 2,
1993). Vehicle label requirements: September 1, 1994. Owner's manual
requirements: March 1, 1994.
Petitions for reconsideration: Any petitions for reconsideration
must be received by NHTSA no later than April 11, 1994.
ADDRESSES: Any petitions for reconsideration should refer to the docket
and notice number of this notice and be submitted to: Administrator,
National Highway Traffic Safety Administration, 400 Seventh Street,
SW., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Mr. Daniel Cohen, Chief, Frontal Crash Protection Division, Office of
Vehicle Safety Standards, NRM-12, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, DC 20590.
Telephone: (202) 366-2264.
SUPPLEMENTARY INFORMATION: On September 2, 1993, NHTSA published a
final rule specifying that manufacturers must install air bags to
satisfy automatic crash protection requirements. The final rule also
required that labels bearing specified information be placed in
vehicles equipped with air bags and that additional, more detailed
information about air bags be provided in the owner's manual.
General Motors Corporation (GM) and Ford Motor Company (Ford)
submitted petitions for reconsideration of the September 2 final rule.
Volkswagen of America, Inc. (VW), Nissan Research and Development, Inc.
(Nissan), and American Suzuki Motor Corporation (Suzuki) wrote to the
agency requesting clarification of certain aspects of the September 2
final rule. All of the issues raised by the petitions and the letters
concern the labeling requirements of the September 2 final rule. A
discussion of each issue and the agency's response follows.
Utility Vehicle Label
The September 2 final rule required various types of labels
concerning air bags to be placed on the sun visor. Section S4.5.1(b)(2)
of Standard No. 208, as amended by the September 2 final rule, states:
Except for an air bag alert label placed on the visor pursuant to
S4.5.1(c) of this standard, no other information about air bags or the
need to wear seat belts shall appear anywhere on the sun visor.
Both GM and Ford petitioned the agency to amend S4.5.1(b)(2) of
Standard No. 208 to permit the utility vehicle label on the sun visor.
Since September 1, 1984, utility vehicles with a wheel-base of 110
inches or less have been required to be labeled with information to
inform drivers that the handling and maneuvering characteristics of
those vehicles require special driving practices (49 CFR part 575.105).
Included in the language required by Sec. 575.105(c)(1) is the
statement ``WEAR YOUR SEATBELTS AT ALL TIMES.'' The label is required
to be affixed to one of several locations in the vehicle interior,
including the driver's side sun visor.
Ford also stated that it voluntarily affixes the utility vehicle
label on some vehicles with wheel-bases larger than 110 inches, and
requested that S4.5.1(b)(2) permit the utility vehicle label in those
instances also. This issue was also raised by Suzuki and Nissan.
The prohibition against other air bag or seat belt information on
the sun visor in the final rule was intended to prevent ``information
overload'' regarding air bags and seat belts. Additional information
could blunt the impact of the required information. The main emphasis
of the utility vehicle label is the possibility of rollover. Further,
the required statement concerning belt use is incidental to that
message. Finally, in view of the similarity of the statements about
seat belt use in the utility vehicle label and air bag labels, the
former label poses no threat of information overload about belt use.
Therefore, NHTSA is amending the final rule to allow the installation
of a utility label that contains the language required by 49 CFR
575.105(c)(1).
Dual Language Label
The September 2 final rule specified requirements for three air bag
labels: A maintenance label, a warning label, and an alert label.
Section S4.5.1(a) requires the air bag maintenance label to be in
English. The specific wording which must be on the air bag warning
label and the air bag alert label is specified in S4.5.1(b)(1) and
S4.5.1(c) respectively. Section S4.5.1(b)(2) prohibited any ``other
information'' on the same side of the sun visor as the air bag warning
label and prohibited any ``other information about air bags or the need
to wear seat belts'' on the sun visor.
VW requested an interpretation of the labeling requirements to
allow dual language labels. VW stated that Canada requires these
labels, if provided, to be in both English and French. VW stated that
manufacturers would be able to produce vehicles at lower cost if one
label could be used for vehicles sold in both countries. Nissan also
asked whether French translations were allowed on the labels.
As explained above, section S4.5.1(a) requires the air bag
maintenance label to be ``in English.'' The air bag warning label and
air bag alert label are not expressly required to be in English.
However, S4.5.1(b)(1) and S4.5.1(c) do expressly require that those
labels read as specified in the standard. For each label, those
provisions specify, in English, the exact wording of a required
message.
The agency addressed a related matter in a May 24, 1993 letter to
Mr. Steve Flint of Century Products Co. In that letter, the agency
determined that Spanish and French versions of the registration form
required by Standard No. 213 were permitted, ``as long as the English
form complies with S5.8 and does not bear any information or writing
beyond that required to be on the form * * * if the information * * *
is presented in a manner that is not likely to confuse consumers in
this country about the meaning of the English form or the importance of
owner registration.''
NHTSA interprets the labeling requirements of the September 2 final
rule as requiring manufacturers to supply the information in English.
Once this requirement is met, manufacturers may supply the same
information in other languages, so long as it does not confuse
consumers. As long as the non-English language label is a translation
of the required information, NHTSA does not interpret it to be ``other
information.'' However, manufacturers are not permitted to include
additional information in the non-English label.
NHTSA intends to monitor the provision of foreign language
translations of the English language label on the sun visor. NHTSA
would initiate corrective rulemaking in the future if it appeared that
the presence of non-English labels was in any way creating confusion or
other problems. For example, the agency notes that the September 2
final rule did not include a minimum type size requirement for the
labels required by S4.5.1 (b) or (c). Since sun visors have limited
space, NHTSA is concerned that the addition of multiple language
versions of the required information could result in use of a type size
that would make the label difficult to read.
Maintenance Label Location
Section S4.5.1(a) of Standard No. 208, as amended by the September
2 final rule, allows the air bag maintenance label to ``be combined
with the label required by S4.5.1(b) of this standard to appear on the
sun visor.'' However, S4.5.1(b)(2), as amended by the September 2 final
rule, states ``No other information shall appear on the same side of
the sun visor to which the label is affixed.''
Both VW and Nissan stated that the language of these two sections
appeared contradictory, and requested clarification that it was
permitted to combine the air bag maintenance and warning labels.
NHTSA agrees that the two sections are contradictory. NHTSA
intended to allow the combination of the air bag maintenance and
warning labels, and is amending S4.5.1(b)(2) to clarify that no
information other than that in the maintenance label is allowed on the
same side of the sun visor as the air bag warning label.
Signal Word ``Caution''
Section S4.5.1(b)(1) requires the following information on the sun
visor for every seating position with an air bag:
Caution to Avoid Serious Injury
For maximum safety protection in all types of crashes, you must
always wear your safety belt.
Do not install rearward-facing child seats in any front
passenger seat position.
Do not sit or lean unnecessarily close to the air bag.
Do not place any objects over the air bag or between the air bag
and yourself.
See the owner's manual for further information and explanations.
Suzuki requested an interpretation of this section to allow the use
of the word ``WARNING'' rather than the word ``CAUTION.'' Suzuki stated
that the American National Standards Institute Standard Z535.4-1991,
Product Safety Signs and Labels, specifies that the signal words
``Warning,'' ``Caution,'' and ``Danger'' be used to signify different
degrees of risk of personal injury. Suzuki stated that this standard
would require use of the word ``Warning'' for the type of label
required by S4.5.1(b)(1), and that allowing this word in place of
``Caution'' would be consistent with ``a national effort toward
uniformity in safety labeling of products.''
NHTSA added the phrase ``CAUTION, TO AVOID SERIOUS INJURY'' in the
final rule to ``attract occupants' attention to the label and provide a
brief statement of the risks of improper use and consequences.'' NHTSA
concludes that substitution of the word ``WARNING'' would also achieve
these goals, and is therefore permitting its use.
Miscellaneous Corrections
NHTSA is also correcting two errors made in the regulatory language
in the final rule. The fifth sentence of S4.5.1(e) read: The owner's
manual shall also explain that no objects should be placed over or near
the label identifying the air bag on the steering wheel and instrument
panel, because any such objects could cause harm if the vehicle is in a
crash severe enough to cause the air bag to inflate.
NHTSA is deleting the words ``the label identifying'' since this
label is no longer required.
The first sentence of S12.6(a) read: NHTSA will process any
application for temporary exemption that contains the information
specified in S21.4 and S12.5.
NHTSA is correcting the reference to S21.4 to read S12.4.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking document was not reviewed
under Executive Order 12866, ``Regulatory Planning and Review.'' This
action has been determined to be not ``significant'' under the
Department of Transportation's regulatory policies and procedures. A
final regulatory evaluation was prepared for the September 2 final rule
since it was significant within the meaning of the Department of
Transportation's regulatory policies and procedures. NHTSA has
determined that there will be no additional economic impacts from this
final rule because the changes simply either clarify the previous final
rule, or allow manufactures additional flexibility.
Regulatory Flexibility Act
NHTSA has also considered the impacts of this final rule under the
Regulatory Flexibility Act. I hereby certify that this rule will not
have a significant economic impact on a substantial number of small
entities. As explained above, NHTSA has determined that there will be
no significant economic impacts from this final rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), NHTSA notes that there are no requirements for information
collection associated with this final rule.
National Environmental Policy Act
NHTSA has also analyzed this final rule under the National
Environmental Policy Act and determined that it will not have a
significant impact on the human environment.
Executive Order 12612 (Federalism)
NHTSA has analyzed this rule in accordance with the principles and
criteria contained in Executive Order 12612, and has determined that
this rule will not have significant federalism implications to warrant
the preparation of a Federalism Assessment.
Civil Justice Reform
This final rule does not have any retroactive effect. Under section
103(d) of the National Traffic and Motor Vehicle Safety Act (Safety
Act; 15 U.S.C. 1392(d)), whenever a Federal motor vehicle safety
standard is in effect, a State may not adopt or maintain a safety
standard applicable to the same aspect of performance which is not
identical to the Federal standard, except to the extent that the State
requirement imposes a higher level of performance and applies only to
vehicles procured for the State's use. Section 105 of the Safety Act
(15 U.S.C. 1394) sets forth a procedure for judicial review of final
rules establishing, amending or revoking Federal motor vehicles safety
standards. That section does not require submission of a petition for
reconsideration or other administrative proceedings before parties may
file suit in court.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles.
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
In consideration of the foregoing, 49 CFR part 571 is amended as
follows:
1. The authority citation for part 571 of title 49 continues to
read as follows:
Authority: 15 U.S.C. 1392, 1401, 1403, 1407, delegation of
authority at 49 CFR 1.50.
2. Section 571.208 is amended by revising S4.5.1(b)(1),
S4.5.1(b)(2), S4.5.1(e) and S12.6(a) to read as follows:
Sec. 571.208 Standard No. 208, Occupant Crash Protection.
* * * * *
S4.5 Other general requirements.
S4.5.1 Labeling and owner's manual information.
* * * * *
(b) Label on sun visor above front outboard seating positions
equipped with inflatable restraint. (1) For vehicles manufactured on or
after September 1, 1994, each front outboard seating position that
provides an inflatable restraint shall have a label permanently affixed
to the sun visor for such seating position on either side of the sun
visor, at the manufacturer's option. Except as provided in
S4.5.1(b)(3), and except that the word ``WARNING'' may be used instead
of ``CAUTION,'' this label shall read:
Caution to Avoid Serious Injury
For maximum safety protection in all types of crashes, you must
always wear your safety belt.
Do not install rearward-facing child seats in any front
passenger seat position.
Do not sit or lean unnecessarily close to the air bag.
Do not place any objects over the air bag or between the air bag
and yourself.
See the owner's manual for further information and explanations.
(2) The color of the lettering on the label shall contrast with the
background of the label. Except for the information on an air bag
maintenance label placed on the visor pursuant to S4.5.1(a) of this
standard, no other information shall appear on the same side of the sun
visor to which the label is affixed. Except for the information in an
air bag alert label placed on the visor pursuant to S4.5.1(c) of this
standard, or in a utility vehicle label that contains the language
required by 49 CFR 575.105(c)(1), no other information about air bags
or the need to wear seat belts shall appear anywhere on the sun visor.
* * * * *
(e) Information to appear in owner's manual. The owner's manual for
any vehicle equipped with an inflatable restraint system shall include
a description of the vehicle's air bag system in an easily
understandable format. The owner's manual shall include a statement to
the effect that the vehicle is equipped with an air bag and a lap/
shoulder belt at one or both front outboard seating positions, and that
the air bag is a supplemental restraint at those seating positions. The
information shall emphasize that all occupants, including the driver,
should always wear their seat belts whether or not an air bag is also
provided at their seating position to minimize the risk of severe
injury or death in the event of a crash. The owner's manual shall also
provide any necessary precautions regarding the proper positioning of
occupants, including children, at seating positions equipped with air
bags to ensure maximum safety protection for those occupants. The
owner's manual shall also explain that no objects should be placed over
or near the air bag on the steering wheel or on the instrument panel,
because any such objects could cause harm if the vehicle is in a crash
severe enough to cause the air bag to inflate.
* * * * *
S12.6 Processing an application for a temporary exemption. (a)
NHTSA will process any application for temporary exemption that
contains the information specified in S12.4 and S12.5. If an
application fails to provide the information specified in S12.4 and
S12.5, NHTSA will not process the application, but will advise the
manufacturer of the information that must be provided if the agency is
to process the application.
* * * * *
Issued on March 4, 1994.
Christopher A. Hart,
Deputy Administrator.
[FR Doc. 94-5485 Filed 3-9-94; 8:45 am]
BILLING CODE 4910-59-M