[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Rules and Regulations]
[Pages 13108-13109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6965]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 74-14; Notice 98]
RIN 2127-AF30


Federal Motor Vehicle Safety Standards; Occupant Crash Protection

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Final Rule, correcting amendment.

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SUMMARY: On May 23, 1995, NHTSA published a final rule allowing 
manufacturers the option of installing a manual device that motorists 
could use to deactivate the front passenger-side air bag in vehicles in 
which infant restraints can be used in the front seat only. As part of 
this final rule, NHTSA amended the air bag warning label required on 
vehicle sun visors. The amendments were effective June 22, 1995. Due to 
an error, the regulatory language of the final rule deleted an option 
to use the signal word ``Warning'' in place of the word ``Caution'' on 
the sun visor label. This notice corrects that error.

DATES: Effective Date: The amendments made in this rule are effective 
March 26, 1966.
    Petition Date: Any petitions for reconsideration must be received 
by NHTSA no later than April 25, 1996.

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: Ms. Mary Versailles, Office of the 
Chief Counsel, NCC-20, National Highway Traffic Safety Administration, 
400 Seventh Street, SW., Washington, DC 20590; telephone (202) 366-
2992; facsimile (202) 366-3820; electronic mail 
``[email protected]''.

SUPPLEMENTARY INFORMATION: On May 23, 1995, NHTSA published a final 
rule amending 49 CFR 571.208 to allow manufacturers the option of 
installing a manual device that motorists could use to deactivate the 
front passenger-side air bag in vehicles in which infant restraints can 
be used in the front seat only. As part of this final rule, NHTSA 
amended the air bag warning label required on vehicle sun visors to 
specify that the caution against installing a rear-facing infant seat 
in a front seating position did not apply if the air bag were off. The 
amendments were effective June 22, 1995. Due to an error, the 
regulatory language of the final rule deleted language incorporating 
the provision in S5.4.1(b)(1) that permits the use of the signal word 
``Warning,'' in place of the word ``Caution,'' on the sun visor label. 
This notice corrects that error.
    NHTSA finds for good cause that this final rule can be made 
effective immediately. The stated purpose of the May 23, 1995, final 
rule was to affect only the cautionary statement concerning placement 
of a rear-facing infant seat in a front seating position, and not any 
other part of the label. This notice corrects an error which resulted 
in the unintentional amending of the options for the choice of the 
signal word to be used at the beginning of the label.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under 
E.O. 12866 and the Department of Transportation's regulatory policies 
and procedures. This rulemaking document was not reviewed under E.O. 
12866, ``Regulatory Planning and Review.'' This document is part of an 
action that was determined to be not ``significant'' under the 
Department of Transportation's regulatory policies and procedures. This 
notice does not impose any new requirements on manufacturers. It simply 
corrects an error.

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. Further, this final rule will not alter the economic impacts 
of the May 1995 final rule. As explained above, this rule will not have 
an economic impact on any manufacturers.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (P.L. 96-
511), 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 E.O. 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 49 
U.S.C. 30103, 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. 49 U.S.C. 30161 sets forth a procedure for judicial 
review of final rules establishing, amending or revoking Federal motor 
vehicle safety standards. That section does not require submission of a 
petition for reconsideration or other administrative proceedings before 
parties may file suit in court.

[[Page 13109]]


List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles.

    In consideration of the foregoing, 49 CFR Part 571 is amended as 
follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for Part 571 of Title 49 continues to 
read as follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.50.

    2. Section 571.208 is amended by revising section S4.5.1(b)(1) to 
read as follows:


Sec. 571.208  Standard No. 208, Occupant Crash Protection

* * * * *
    S4.5.1  Labeling and owner's manual information.
* * * * *
    (b) Label on sun visor above front outboard seating positions 
equipped with inflatable restraint.
    (1) Each vehicle manufactured on or after September 1, 1994, shall 
comply with either S4.5.1(b)(1)(i) or S4.5.1(b)(1)(ii), except that the 
word ``WARNING'' may be used instead of ``CAUTION''.
    (i) 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 S5.4.1(b)(1) and 
S4.5.1(b)(3), 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.

    (ii) If the vehicle is equipped with a cutoff device permitted by 
S4.5.4 of this standard, 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 
S5.4.1(b)(1), 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, unless the air bag is off.
    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.
* * * * *
    Issued on: March 18, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-6965 Filed 3-25-96; 8:45 am]
BILLING CODE 4910-59-P