[Federal Register Volume 61, Number 234 (Wednesday, December 4, 1996)]
[Rules and Regulations]
[Pages 64297-64298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30836]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 74-14; Notice 105]
RIN 2127-AG14


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 November 27, 1996, NHTSA published a final rule requiring 
vehicles with air bags to have three new warning labels. Previously, 
manufacturers of vehicles without passenger-side air bags were 
permitted to omit language concerning the hazards to children from 
these bags. Due to an error, the regulatory language of the final rule 
did not include a similar exclusion from some of the warnings. This 
notice corrects that error.

DATES: Effective Date: The amendments made in this rule are effective 
December 27, 1996.
    Petition Date: Any petitions for reconsideration must be received 
by NHTSA no later than January 21, 1997.

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: Mary Versailles, Office of Safety 
Performance Standards, NPS-31, National Highway Traffic Safety 
Administration, 400 Seventh Street, SW, Washington, D.C. 20590; 
telephone (202) 366-2057; facsimile (202) 366-4329; electronic mail 
``[email protected]''.

SUPPLEMENTARY INFORMATION: On November 27, 1996, NHTSA published a 
final rule amending 49 CFR 571.208 to require vehicles with air bags to 
have three new warning labels (61 FR 60206). One of these labels, a sun 
visor label, includes two warnings concerning the adverse effects of 
passenger-side air bags for infants and children. The warnings are 
``Children 12 and under can be killed by the air bag'' and ``Never put 
a rear-facing child seat in the front.'' These warnings are not 
necessary for vehicles that do not have passenger-side air bags. In 
addition, both sun visor labels include a pictogram that depicts a 
passenger-side air bag striking a rear-facing child seat. Again, this 
pictogram would be confusing in a vehicle that does not have a 
passenger-side air bag.
    The regulatory language in place prior to the November 27, 1996 
final rule permitted vehicle manufacturers to omit statements 
concerning the danger to children from passenger-side air bags if a 
vehicle does not have a passenger-side air bag. This notice adds 
similar flexibility to the enhanced labeling requirements of the 
November 27, 1996 rule, so that manufacturers will be permitted to 
tailor the new warning labels appropriately for vehicles that do not 
have a passenger-side air bag. The warning labels on the visor of 
vehicles that do not have a passenger-side air bag will omit the 
pictogram showing a child being injured by a passenger-side air bag and 
omit the two warnings of hazards to children from passenger-side air 
bags.
    NHTSA notes that vehicles that do not have passenger-side air bags 
would only be required to have warning labels on the driver's sun 
visor, but manufacturers would be permitted to include the label 
voluntarily on the passenger-side sun visor. Two of the warnings on the 
label, ``Always use seat belts and child restraints'' and ``The back 
seat is the safest place for children,'' are equally applicable to the 
passenger position in vehicles without air bags.
    NHTSA finds for good cause that this final rule can be made 
effective in less than 30 days. The exclusion was inadvertently not 
included in the regulatory language of the November 27, 1996, final 
rule. This notice should therefore be effective on the same date as the 
earlier rule.

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

[[Page 64298]]

and Review.'' This document is part of an action that was determined to 
be ``significant'' under the Department of Transportation's regulatory 
policies and procedures. However, 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. As explained above, this rule will not have an economic 
impact on any manufacturer.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (Pub. 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.

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 the introductory text of 
S4.5.1(b)(2) and S4.5.1(c)(2) and by adding new S4.5.1(b)(2)(iv) and 
S4.5.1(c)(2)(iii) to read as follows:


Sec. 571.208  Standard No. 208, Occupant Crash Protection.

* * * * *
    S4.5.1 Labeling and owner's manual information.
* * * * *
    (b) Sun visor warning label.
* * * * *
    (2) Vehicles manufactured on or after February 25, 1996. Each 
vehicle shall have a label permanently affixed to either side of the 
sun visor, at the manufacturer's option, at each front outboard seating 
position that is equipped with an inflatable restraint. The label shall 
conform in content to the label shown in either Figure 6a or 6b of this 
standard, as appropriate, and shall comply with the requirements of 
S4.5.1(b)(2)(i) through S4.5.1(b)(2)(iv).
* * * * *
    (iv) If the vehicle does not have an inflatable restraint at any 
front seating position other than that for the driver, the label shown 
in Figure 6a may be modified by omitting the pictogram and changing the 
message text to read:

    DEATH or SERIOUS INJURY can occur.
     Sit as far back as possible from the air bag.
     ALWAYS use SEAT BELTS and CHILD RESTRAINTS.
     The BACK SEAT is the SAFEST place for children.
* * * * *
    (c) Air bag alert label.
* * * * *
    (2) Vehicles manufactured on or after February 25, 1996. If the 
label required by S4.5.1(b)(2) is not visible when the sun visor is in 
the stowed position, an air bag alert label shall be permanently 
affixed to that visor so that the label is visible when the visor is in 
that position. The label shall conform in content to the sun visor 
label shown in figure 6c of this standard, and shall comply with the 
requirements of S4.5.1(c)(2)(i) through S4.5.1(c)(2)(iii).
* * * * *
    (iii) If the vehicle does not have an inflatable restraint at any 
front seating position other than that for the driver, the pictogram 
may be omitted from the label shown in Figure 6c.
* * * * *
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-30836 Filed 11-29-96; 10:33 am]
BILLING CODE 4910-59-P