[Federal Register Volume 61, Number 239 (Wednesday, December 11, 1996)]
[Rules and Regulations]
[Pages 65187-65188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31413]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 74-14; Notice 106]
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 new warning labels. Two labels include 
language that children are safest in the back seat. Automobile 
manufacturers have asked whether this language is appropriate in 
vehicles which do not have a back seat. This notice corrects the 
language of the final rule to allow manufacturers of vehicles with no 
back seat to omit these sentences. This notice also corrects a 
typographic error in a December 4, 1996 correcting amendment which 
changed the dates in the regulatory text from 1997 to 1996.

DATES: Effective Date: The amendments made in this rule are effective 
December 27, 1996.
    Petition Dates: Any petitions for reconsideration must be received 
by NHTSA no later than January 27, 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 new warning labels. One of these labels, a sun visor label, 
includes the statement ``The back seat is the safest place for 
children.'' Another label, a temporary label on the dash, includes the 
statement ``The back seat is the safest place for children 12 and 
under.'' The regulatory language of the final rule does not allow 
manufacturers of vehicles with no back seat to omit these statements. 
This notice adds language allowing manufacturers of vehicles with no 
back seat to omit these statements.
    On December 4, 1996, NHTSA published a correcting amendment to the 
November 27 final rule. The regulatory language in that rule 
inadvertently changed dates from 1997 to 1996. This notice also 
corrects that error.
    NHTSA finds for good cause that this final rule can be made 
effective in less than 30 days. This rule makes minor corrections to 
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 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 a typographic error and allows some manufacturers the option 
of omitting two statements from warning labels.
    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 November 1996 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

[[Page 65188]]

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), S4.5.1(c)(2) and S4.5.1(e) and by adding new 
S4.5.1(b)(2)(v) and S4.5.1(e)(iii) to read as follows: 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, 1997. 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)(v).
* * * * *
    (v) If the vehicle does not have a back seat, the label shown in 
Figure 6a or 6b may be modified by omitting the statement: ``The BACK 
SEAT is the SAFEST place for children.''
* * * * *
    (c) Air bag alert label.
* * * * *
    (2) Vehicles manufactured on or after February 25, 1997. 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).
* * * * *
    (e) Label on the dash. Each vehicle manufactured on or after 
February 25, 1997 that is equipped with an inflatable restraint for the 
passenger position shall have a label attached to a location on the 
dashboard or the steering wheel hub that is clearly visible from all 
front seating positions. The label need not be permanently affixed to 
the vehicle. This label shall conform in content to the label shown in 
Figure 7 of this standard, and shall comply with the requirements of 
S4.5.1(e)(2)(i) through S4.5.1(e)(2)(iii).
* * * * *
    (iii) If the vehicle does not have a back seat, the label shown in 
Figure 7 may be modified by omitting the statement: ``The back seat is 
the safest place for children 12 and under.''
* * * * *
    Issued on: December 5, 1996.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-31413 Filed 12-10-96; 8:45 am]
BILLING CODE 4910-59-P