[Federal Register Volume 62, Number 1 (Thursday, January 2, 1997)]
[Rules and Regulations]
[Pages 31-33]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33308]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 74-14; Notice 110]
RIN 2127-AG14


Federal Motor Vehicle Safety Standards; Occupant Crash Protection

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

ACTION: Final rule; technical 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. The preamble to the 
notice stated that one of the labels, the removable label, would have 
the following statement: ``Children Can Be KILLED or INJURED by 
Passenger Air Bag.'' (emphasis added) Two other labels, the sun visor 
warning label and the child seat label, also include statements 
indicating that death or injury can occur. Due to a typographic error, 
the figure in the regulatory text for the removable label indicates 
that the label should read: ``Children May Be KILLED or INJURED by 
Passenger Air Bag.'' (emphasis added). This notice corrects that error.

DATES: Effective Date: The amendments made in this rule are effective 
January 2, 1997.
    Petition Dates: Any petitions for reconsideration must be received 
by NHTSA no later than February 18, 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

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(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. The preamble to the notice stated that one of 
the labels, the removable label, would have the following statement: 
``Children Can Be KILLED or INJURED by Passenger Air Bag.'' (emphasis 
added) Two other labels, the sun visor warning label and the child seat 
label, also include statements indicating that death or injury can 
occur. Due to a typographic error, the figure in the regulatory text 
for the removable label indicates that the label should read: 
``Children May Be KILLED or INJURED by Passenger Air Bag.'' (emphasis 
added). This notice corrects that error.
    Vehicles manufactured on or after February 25, 1997 (90 days after 
publication of the final rule) must be equipped with the new warning 
labels. Because NHTSA is aware that many manufacturers have begun 
preparations to comply with the new rule, and because it would be 
difficult for manufacturers to comply by February 25 if they were to 
start that process over again, NHTSA has decided to allow manufacturers 
to use either ``can'' or ``may'' in the text of the removable label 
until September 1, 1997. For vehicles manufactured on or after 
September 1, 1997, the removable label must use the word ``can.''
    NHTSA finds for good cause that this final rule can be made 
effective in less than 30 days. This rule corrects a typographic error 
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 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.

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 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 S4.5.1(e) introductory 
text and by adding new paragraph (e)(iv) to read as follows:


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

* * * * *
    S4.5.1  Labeling and owner's manual information.
* * * * *
    (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)(iv).
* * * * *
    (iv) For vehicles manufactured before September 1, 1997, the label 
shown in Figure 7 may be modified by replacing the word ``can'' with 
the word ``may'' in the statement: ``Children can be killed or injured 
by passenger air bag.''
* * * * *


Sec. 571.208   [Amended]

    3. Section 571.208 is amended by replacing figure 7 with a new 
figure 7 as follows:
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
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[FR Doc. 96-33308 Filed 12-31-96; 8:45 am]
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