[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Rules and Regulations]
[Pages 47119-47125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22365]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 571 and 575

[Docket No. NHTSA-98-3381, Notice 3]
RIN 2127-AH68


Consumer Information Regulations; Utility Vehicle Label

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

ACTION: Final Rule; Response to Petition for Reconsideration.

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SUMMARY: On March 9, 1999, we published a final rule modifying the 
rollover warning currently required for small- and mid-sized utility 
vehicles. In response to a petition for reconsideration of that final 
rule, this document amends the utility vehicle and air bag warning 
label requirements to allow manufacturers to combine the rollover and 
air bag alert labels in one label, permits manufacturers to comply with 
either of two options for installing both labels on the same side of 
the sun visor until September 1, 2000, and allows manufacturers to 
voluntarily install on the same side of the sunvisor as the air bag 
label, rollover warning labels in vehicles for which they are not 
required, such as pickup trucks and large utility vehicles. Today's 
final rule will provide manufacturers with additional flexibility to 
determine the location of air bag and rollover warning labels in sport 
utility vehicles.

DATES: This final rule is effective September 1, 1999, however, 
voluntary compliance with the final rule is allowed as of August 30, 
1999. Petitions for reconsideration must be received by October 14, 
1999.

ADDRESSES: Petitions for reconsideration should refer to the docket and 
notice number of this final rule and be submitted to: Administrator, 
National Highway Traffic Safety Administration, 400 Seventh Street, SW, 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: The following persons at the National 
Highway Traffic Safety Administration, 400 Seventh Street, SW, 
Washington, DC 20590:
    For labeling issues: Mary Versailles, Office of Planning and 
Consumer Programs, NPS-31, telephone (202) 366-2057, facsimile (202) 
366-4329.
    For legal issues: Nicole Fradette, Office of Chief Counsel, NCC-20, 
telephone (202) 366-2992, facsimile (202) 366-3820.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 9, 1999, we published a final rule amending the rollover 
warning label and owner's manual requirements for small- and mid-sized 
utility vehicles.1 (64 FR 11724) The agency explained that 
the new label and owner's manual requirements will more effectively 
alert drivers to the risk the vehicles will roll over, the steps they 
can take to avoid that risk, and the steps they can take to reduce the 
chance of injury in the event of a rollover. The new label replaced the 
former text-only format with a format using bright colors, graphics, 
and short bulleted text messages. The rule requires the label's header 
to have an alert symbol (a triangle containing an exclamation point) 
followed by the statement ``WARNING: Higher Rollover Risk'' in black 
text on a yellow background. The following three statements must appear 
below the header in the center of the label: ``Avoid Abrupt Maneuvers 
and Excessive Speed,'' ``Always Buckle Up,'' and ``See Owner's Manual 
For Further Information.'' The rule specifies that the label must 
contain two pictograms: one showing a tilting utility vehicle on the 
left of the label, and the other showing a seated vehicle occupant with 
a secured three-point belt system on the right. The pictograms and the 
statement must be in black on a white background. The rule requires the 
label to be placed on either the driver's sun visor or the driver's 
side window. If the label is placed on the back of the driver's sun 
visor, the rule requires an alert label to be placed on the front of 
the visor urging the person to flip the visor over and read the 
information on the other side. The new label is required on utility 
vehicles with a wheelbase of 110 inches or less. The rule also requires 
additional information on rollover be included in the owner's manuals 
of these vehicles. The new requirements are effective September 1, 
1999.
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    \1\ ``Utility vehicles'' are defined in 49 CFR Part 575 as 
multipurpose passenger vehicles (other than those which are 
passenger car derivatives) with a wheelbase of 110 inches or less 
and with special features for off-road operation. 49 CFR Part 
575.105. These vehicles are commonly referred to as sport utility 
vehicles in the media.
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    On April 26, 1999, we published a notice clarifying that 
manufacturers of utility vehicles with a wheelbase of 110 inches or 
less may comply with the upgraded requirements in advance of the 
September 1, 1999, mandatory compliance date. (64 FR 20209) We 
explained that any manufacturer choosing to comply with the new rule 
before September 1, 1999, must comply with the new rule in its entirety 
(i.e., they must comply with the new owners'

[[Page 47120]]

manual information requirements as well as with the new, improved 
labeling requirements).

II. Alliance of Automobile Manufacturers' Petition for 
Reconsideration

    On April 23, 1999, the Alliance of Automobile Manufacturers (AAM) 
submitted a petition for reconsideration of the March 9 final rule. The 
petition raised issues regarding (1) the requirement that the air bag 
warning label be to the left of the rollover warning label; (2) the 
requirement that the air bag warning label and rollover warning label 
not be contiguous; (3) the air bag and rollover alert label 
requirements; and (4) the air bag label requirement's prohibition of 
``other information'' as it pertains to a rollover warning label 
installed in a vehicle that is not required to have the label. The AAM 
also wrote to the agency on April 8, 1999, requesting clarification as 
to whether foreign language translations of the rollover warning label 
were allowed and whether voluntary compliance with the new requirements 
was permitted. As noted above, on April 28, 1999, we published a notice 
clarifying that early compliance with the new rule was permitted. A 
discussion of the remaining issues raised by AAM and our response to 
them follows.

III. Agency's Response to Petition for Reconsideration

A. Restriction on Label's Location

    To keep the pictograms of the air bag and rollover warning labels 
from running together visually, the final rule specified that the air 
bag warning label must be to the left of the utility vehicle rollover 
warning label when both labels are placed on the same side of the sun 
visor. We reasoned that since the pictogram on the air bag warning 
label in Figure 6a (after which the majority of air bag warning labels 
are modeled) of the air bag warning requirements is on the label's left 
side, placing that label to the left of the rollover warning label 
would put the air bag pictogram far from the pictograms on the rollover 
warning label. We believed that such a placement would prevent the 
pictograms of the two labels from blending together visually.
    In its petition, AAM asked that we delete the requirement that the 
air bag warning label be to the left of the rollover warning label. AAM 
stated that, unlike the rollover warning label which specifies the 
content, form, and sequence of the label, the air bag warning label 
requirements specify only the content of the label--not the location of 
the pictogram. The form and sequence of the air bag label and the 
placement of the pictogram is left to the discretion of the 
manufacturer. Consequently, the air bag pictogram could be to the right 
on some air bag warning labels and the pictograms of the two labels 
could, in some situations, be adjacent. Since the purpose of this 
requirement is to keep the pictograms from running together visually, 
such a placement, while permitted, would thwart the requirement's 
purpose.
    We are, therefore, replacing the requirement that the air bag 
warning label be placed to the left of the rollover warning label with 
a requirement that there be text between the air bag pictogram and the 
rollover pictogram whenever both labels are affixed to the same side of 
the sun visor. We believe that this change will prevent the pictograms 
from visually blending. This provision will also provide manufacturers 
with additional label placement options.

B. Contiguous Label Prohibition

    To maintain the separateness of the two labels and their messages, 
the agency specified that the air bag and rollover warning labels could 
not be contiguous. In its petition for reconsideration, AAM asked the 
agency to delete this requirement and replace it with a requirement 
that the labels be visually separate. AAM argued that specifying that 
the labels may not be connected ``without specifying a minimum 
separation distance means that labels 1 mm apart'' would comply with 
the requirement. AAM stated that it believed the agency's intent was to 
visually separate the two messages, but suggested that other methods 
could be effectively used to maintain the separateness of the two 
labels. For example, AAM suggested using one label with clear, 
transparent material between the two messages to give the appearance of 
separate labels when placed on the sun visor. AAM also suggested 
placing a border around each message to separate the two messages from 
one another. AAM argued that the requirement should be revised to 
specify that the messages of the two labels be ``visually separated'' 
when placed on the same side of the sun visor.
    We do not believe that the requirement suggested by AAM is readily 
enforceable. Manufacturers are required to certify that their products 
conform to NHTSA's regulations before they can be offered for sale. 
Manufacturers must know how NHTSA plans to determine compliance with a 
particular regulation if they are to ensure that their vehicles comply. 
The requirement that the labels be ``visually separated'' is too 
subjective. Consequently, manufacturers would have difficulty 
determining whether their labels were ``visually separate'' within the 
meaning of the standard.
    By specifying that the two labels not be contiguous, we intended to 
require a clear demarcation between the two messages to ensure that the 
two warnings did not run together visually and confuse the 
reader.2 We did not specify the amount of space between the 
two labels because we did not want to be unnecessarily design 
restrictive. However, based on AAM's petition and several other 
manufacturer inquiries, it is apparent that manufacturers believe that 
this provision requires them to separately affix each label to the 
vehicle and prohibits them from using one material to affix the labels 
to the sunvisor.
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    \2\ As discussed in the March 9, 1999 final rule, when multiple 
hazard warnings are placed in the same location, ANSI Z535.4 (1991) 
recommends that individual messages have sufficient space around 
them to prevent them from visually blending together.
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    We still believe it important to maintain the separateness of the 
two labels and their messages. AAM suggested that placing a border 
around each label would be one way of ensuring that the labels remained 
visibly distinct. We note, however, that unless we specify the distance 
between the borders, labels placed 1 millimeter apart could comply with 
the requirement. Therefore, simply placing a border around each label 
without specifying a distance between the borders would not address 
AAM's earlier concern that manufacturers could place the labels one 
millimeter apart and still comply with the noncontiguous requirement.
    In response to the concerns raised by AAM in its petition, we have 
decided to replace the requirement that the labels not be contiguous 
with a requirement that the labels must be situated so that the 
shortest distance from any of the lettering or graphics on the rollover 
warning label to any of the lettering or graphics on the air bag 
warning label is not less than three centimeters or, in the case of 
rollover warning and air bag warning labels that are each completely 
surrounded by a continuous solid-lined border, the shortest distance 
from the border of the rollover warning label to the border of the air 
bag warning label must be not less than one centimeter when both labels 
are affixed to the same side of the sun visor. We believe that this 
provision, unlike the provision suggested by AAM, is objective, readily

[[Page 47121]]

enforceable, and will ensure that the warning labels remain visually 
distinct.
    We are also amending the March 9 final rule to explicitly allow 
manufacturers to meet the rollover labeling requirements by permanently 
marking or molding the required information to the vehicle. This 
provision will ensure that manufacturers may, if they so choose, use 
one material or process to affix the two labels to the vehicle. This 
means that a manufacturer could, at its option, silkscreen, emboss, or 
in some other way permanently mark the rollover warning to the vehicle. 
We believe that these changes will alleviate any confusion as to what 
is required and will give manufacturers the flexibility to determine 
the best way to affix the required warnings to their vehicles.

C. Compliance options for placing labels on the same side of the sun 
visor

    In the March 9 final rule we established a September 1, 1999, 
effective date for the new labeling and owner's manual requirements. 
With respect to the labeling requirement, we noted that all of the 
commenters agreed that a leadtime of 180 days was sufficient to design, 
produce and install a new label. On April 26, 1999, we published a 
notice clarifying that manufacturers could voluntarily comply with the 
new requirements in advance of the September 1, 1999 mandatory 
compliance date. We understand that some manufacturers intend to do so.
    We are concerned that requiring manufacturers to comply with the 
new requirements by September 1, 1999, would not give manufacturers who 
wish to install both labels on the same side of the sun visor 
sufficient lead time to design, produce, and install new labels that 
comply with the new requirements. We also believe, however, that those 
who can comply with the requirements of today's rule should be allowed 
to do so. Therefore, manufacturers who install both labels on the same 
side of the sunvisor may, until September 1, 2000, choose between two 
compliance options. The first option would require the air bag label to 
be to the left of the rollover warning label and the labels to be 
noncontiguous. The second option would require there to be text 
separating the pictograms of the two labels and that either the labels 
must be located such that the shortest distance from any of the 
lettering or graphics on the rollover warning label to any of the 
lettering or graphics on the air bag warning label is at least three 
centimeters, or where the rollover warning and air bag warning labels 
are each completely surrounded by a continuous solid-lined border, the 
shortest distance from the border of the rollover warning label to the 
border of the air bag warning label must be at least one centimeter. As 
of September 1, 2000, manufacturers would have to comply with the 
requirements of the second option. We believe that this provision will 
give manufacturers sufficient lead time to comply with the new 
requirements for placing labels on the same side of the sun visor.
    A manufacturer must select one of the compliance options at the 
time it certifies the vehicle and may not thereafter select the other 
option for the vehicle. Failure to comply with the selected option 
would constitute a noncompliance with the standard regardless of 
whether the vehicle complies with the other option.

D. Air Bag and Rollover Alert Label Requirements

    The final rule requires that an alert label be placed on the front 
of the sun visor if the rollover label is not visible when the sun 
visor is in the stowed position. The air bag warning label has a 
similar requirement. Currently, these two alert labels may not be 
combined. AAM requested that we amend the rollover and air bag alert 
label requirements to allow the two labels to be combined when both the 
air bag and rollover warning labels are not visible when the visor is 
in the stowed position. AAM argued that it was redundant and 
unnecessary to require two separate alert labels with two ``flip visor 
over'' text messages on the driver's sun visor.
    We agree that only one alert label is needed to alert the driver to 
turn the visor over for an important safety message. Therefore, we are 
amending the alert label requirements to allow the warnings to be 
combined in one label. The combined alert label must contain the 
following statements in yellow text on a black background: ``Air Bag 
and Rollover Warnings'', ``Flip Visor Over''. In addition, the label 
must include a black pictogram on a white background of an air bag 
deploying into a rearfacing infant seat. The pictogram must be 
encircled by a red circle with a slash through it. We believe the 
combined alert label will effectively alert drivers to the importance 
of turning the visor over to read the label and will give manufacturers 
the option of affixing one alert label instead of two.

E. Voluntary placement of rollover warning labels

    In the March 9, 1999 final rule, we amended the text of the air bag 
warning label requirement (49 CFR 571.208, S4.5.1(b)(3)) to allow both 
the air bag label and the rollover label to be placed on the same side 
of the sun visor. In its petition, AAM noted that the change made to 
the provision's regulatory text prohibits the voluntary installation of 
the rollover warning label on the same side of the sun visor as the air 
bag warning label in vehicles such as large SUVs or pickup trucks.
    The text of S4.5.1(b)(3) prohibits manufacturers from affixing to 
the same side of the sun visor as the air bag label anything other than 
the air bag maintenance label and the rollover label required on 
utility vehicles with a wheelbase of 110 inches or less. Specifically, 
S4.5.1(b)(3) states:

    Except for the information on an air bag maintenance label 
placed on the visor pursuant to S4.5.1(a) of this standard, or on a 
utility vehicle label placed on the visor pursuant to 49 CFR 
575.105(d)(1), no other information shall appear on the same side of 
the sun visor to which the sun visor air bag warning 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, no other 
information about air bags or the need to wear seat belts shall 
appear anywhere on the sun visor.

Under S4.5.1(b)(3), as currently drafted, a rollover warning label 
installed on the same side of the sun visor as the air bag warning 
label on a large-sized utility vehicle or a pickup truck would be 
prohibited as ``other information'' since it would not be installed 
pursuant to 49 CFR 575.105(d)(1), which applies only to utility 
vehicles with a wheelbase of 110 inches or less.
    Although we decided not to extend the rollover warning labeling 
requirement to other vehicles in the March 9 final rule, we have no 
objection to manufacturers voluntarily installing rollover warning 
labels in pickups, vans, or other vehicles. Rollovers occur in vehicles 
other than small and mid-sized utility vehicles, albeit at a lower 
rate.
    NHTSA analyzed the statistics for percent rollovers per single 
vehicle crashes for vehicles with a wheelbase of 110 inches 
compared to vehicles with a wheelbase of >110 inches to determine the 
rollover rate for different vehicle types. The results are included in 
Table 1.

[[Page 47122]]



          Table 1.--Percent Rollover per Single Vehicle Crashes
                               [% RO/SVC]
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                                           110''     >110''
                                  All          wheelbase      wheelbase
------------------------------------------------------------------------
Car.........................         17.4            20.1           11.0
Utility Vehicle.............         48.9            57.5            9.5
Van.........................         22.2             8.3           30.4
Pickup......................         37.5            41.4           25.6
------------------------------------------------------------------------

    We believe that manufacturers should be allowed to alert their 
drivers to the risk that the vehicles will roll over, the steps they 
can take to avoid that risk, and the steps they can take to reduce the 
chance of injury in the event of a rollover. While manufacturers may 
voluntarily install a rollover warning in vehicles other than utility 
vehicles with a wheelbase of 110 inches or less, S4.5.1(b)(3) prohibits 
them from installing them on the same side of the sunvisor as the air 
bag warning label. We believe that manufacturers should be able to 
voluntarily affix the rollover warning label in the exact same places 
the required label can be affixed. We are, therefore, amending the 
March 9 final rule to allow the voluntary installation of the rollover 
warning label on the same side of the sun visor as the air bag warning 
label in vehicles that are not required by 49 CFR 575.105 to have them.

F. Foreign Language Translations

    In an April 8, 1999 letter, AAM asked that we allow foreign 
language translations of the new rollover warning label. AAM stated 
that this would be consistent with prior agency interpretations 
concerning the use of foreign languages on required labels.
    We have long held that manufacturers may present information in 
addition to the required information as long as the information is 
presented in a way that does not obscure or confuse the meaning of the 
required information. The labeling requirement of the March 9 final 
rule requires manufacturers to supply the rollover warning information 
in English. However, once manufacturers meet this requirement, they may 
supply the same information in other languages, so long as it does not 
confuse consumers. Manufacturers may apply an additional rollover 
warning label in a foreign language and may include a foreign language 
translation of the required owner's manual information, in addition to 
the required English text.
    We note that S4.5.1 of Standard No. 208 prohibits ``other 
information'' from being placed on the sunvisor with the air bag label. 
We want to make it clear that as long as the non-English language label 
is an exact translation of the required information, we do not 
interpret it to be ``other information''. Information that is not a 
translation of the required information is considered ``other 
information'' and is not permitted.

G. Voluntary early compliance

    The effective date of today's rule is September 1, 1999. 
Manufacturers may, however, comply early with the requirements included 
in today's rule. If a manufacturer chooses to do so, it must comply 
with all of the requirements.

IV. Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993), provides for making determinations whether a 
regulatory action is ``significant'' and therefore subject to Office of 
Management and Budget (OMB) review and to the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    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. Further, this action has been determined to be not 
``significant'' under the Department of Transportation's regulatory 
policies and procedures.
    NHTSA believes that this rule will result in a minimal cost to 
manufacturers and consumers of utility vehicles with a wheel base of 
less than 110 inches since this rule only involves minor changes.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996) whenever an agency is required to publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. SBREFA amended the 
Regulatory Flexibility Act to require Federal agencies to provide a 
statement of the factual basis for certifying that a rule will not have 
a significant economic impact on a substantial number of small 
entities.
    NHTSA has considered the impacts of this 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 believes this rule will have minimal economic 
impact.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, a person is not required 
to respond to a collection of information by a Federal agency unless 
the collection displays a valid OMB control number. The OMB Clearance 
number for the utility vehicle warning (49 CFR 575.105) is 2127-0049. 
NHTSA has considered the impact of the changes required by today's rule 
and determined that they will not have any effect on the

[[Page 47123]]

total burden hours imposed on the public by 49 CFR 575.105.

National Environmental Policy Act

    NHTSA has also analyzed this 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 rule will 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.

Executive Order 13045

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) is determined to be ``economically significant'' as 
defined under E.O. 12866, and (2) concerns an environmental, health or 
safety risk that NHTSA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, we must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by us.
    This rule is not subject to the Executive Order because it is not 
economically significant as defined in E.O. 12866, and does not have a 
disproportionate effect on children.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272) 
directs us to use voluntary consensus standards in its regulatory 
activities unless doing so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies, such as the Society of Automotive 
Engineers (SAE). The NTTAA directs us to provide Congress, through OMB, 
explanations when we decide not to use available and applicable 
voluntary consensus standards.
    We reviewed all relevant American National Standards Institute 
(ANSI) standards as part of developing the labeling and information 
requirements that are the subject of this document. We used the 
following voluntary consensus standard in developing the labeling and 
information requirements:
     American National Standard Institute (ANSI) standard for 
product safety signs and labels (ANSI Z535.4).

List of Subjects

49 CFR Part 571

    Motor vehicle safety, Reporting and recordkeeping requirements, 
Tires.

49 CFR Part 575

    Consumer protection, Labeling, Motor vehicle safety, Reporting and 
recordkeeping requirements, Tires.

    In consideration of the foregoing, NHTSA amends chapter V of Title 
49 of the Code of Federal Regulations as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for Part 571 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. In Sec. 571.208, in S4.5.1, revise paragraph (b)(3) to read as 
follows:


Sec. 571.208  Standard No. 208; Occupant crash protection.

* * * * *
    S4.5.1 * * *
* * * * *
    (b) Sun visor air bag warning label.
    (3) Except for the information on an air bag maintenance label 
placed on the visor pursuant to S4.5.1(a) of this standard, or on a 
utility vehicle warning label placed on the visor that conforms in 
content, form, and sequence to the label shown in Figure 1 of 49 CFR 
575.105, no other information shall appear on the same side of the sun 
visor to which the sun visor air bag warning 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 on a utility vehicle warning 
label placed on the visor that conforms in content, form, and sequence 
to the label shown in Figure 1 of 49 CFR 575.105, no other information 
about air bags or the need to wear seat belts shall appear anywhere on 
the sun visor.
* * * * *

PART 575--CONSUMER INFORMATION REGULATIONS

    3. The authority citation for Part 575 continues to read as 
follows:

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

    4. In Section 575.105 revise paragraph (d)(1)(ii) and add 
paragraphs (d)(1)(iii) and (iv), (d)(5) and (6) and Figure 2 to 
Sec. 575.105 to read as follows:


Sec. 575.105  Vehicle rollover.

* * * * *
    (d) Required information.
    (1) Rollover Warning Label.
* * * * *
    (ii) Vehicles manufactured on or after September 1, 1999 and before 
September 1, 2000. When the rollover warning label required by 
paragraph (d)(1)(i) of this section and the air bag warning label 
required by paragraph S4.5.1(b) of 49 CFR 571.208 are affixed to the 
same side of the driver side sun visor, either:
    (A) the rollover warning label must be affixed to the right (as 
viewed from the driver's seat) of the air bag warning label and the 
labels may not be contiguous; or
    (B) the pictogram of the air bag warning label must be separated 
from the pictograms of the rollover warning label by text, and
    (1) the labels must be located such that the shortest distance from 
any of the lettering or graphics on the rollover warning label to any 
of the lettering or graphics on the air bag warning label is not less 
than 3 cm, or
    (2) if the rollover warning and air bag warning labels are each 
completely surrounded by a continuous solid-lined border, the shortest 
distance from the border of the rollover warning label to the border of 
the air bag warning label is not less than 1 cm.
    (iii) The manufacturer must select the option to which a vehicle is 
certified by the time the manufacturer certifies the vehicle and may 
not thereafter select a different option for that vehicle. If a 
manufacturer chooses to certify

[[Page 47124]]

compliance with more than one compliance option, the vehicle must 
satisfy the requirements applicable to each of the options selected.
    (iv) Vehicles manufactured on or after September 1, 2000. When the 
rollover warning label required by paragraph (d)(1)(i) of this section 
and the air bag warning label required by paragraph S4.5.1(b) of 49 CFR 
571.208 are affixed to the same side of the driver side sun visor the 
pictogram of the air bag warning label must be separated from the 
pictograms of the rollover warning label by text and:
    (A) the labels must be located such that the shortest distance from 
any of the lettering or graphics on the rollover warning label to any 
of the lettering or graphics on the air bag warning label is not less 
than 3 cm, or
    (B) If the rollover warning and air bag warning labels are each 
completely surrounded by a continuous solid-lined border, the shortest 
distance from the border of the rollover warning label to the border of 
the air bag warning label must be not less than 1 cm.
* * * * *
    (5) Combined Rollover and Air Bag Alert Warning. If the warnings 
required by paragraph (d)(1) of this section and paragraph S4.5.1(b) of 
49 CFR 571.208 to be affixed to the driver side sun visor are not 
visible when the sun visor is in the stowed position, a combined 
rollover and air bag alert label may be permanently affixed to that 
visor in lieu of the alert labels required by paragraph (d)(3) of this 
section and paragraph S4.5.1(c)(2) of 49 CFR 571.208. The combined 
rollover and air bag alert label must be visible when the visor is in 
the stowed position. The combined rollover and air bag alert warning 
must conform in content to the label shown in Figure 2 of this section, 
and must comply with the following requirements:
    (i) The label must read:

AIR BAG AND ROLLOVER WARNINGS
Flip Visor Over

    (ii) The message area must be black with yellow text. The message 
area must be no less than 20 square cm.
    (iii) The pictogram shall be black with a red circle and slash on a 
white background. The pictogram must be not less than 20 mm in 
diameter.
    (6) At the option of the manufacturer, the requirements in 
paragraph (d)(1)(i) for labels that are permanently affixed to 
specified parts of the vehicle may instead be met by permanent marking 
and molding of the required information.

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[[Page 47125]]

[GRAPHIC] [TIFF OMITTED] TR30AU99.020



    Issued on: August 24, 1999.
Frank Seales, Jr.
Acting Deputy Administrator.
[FR Doc. 99-22365 Filed 8-25-99; 4:19 pm]
BILLING CODE 4910-59-C