[Federal Register Volume 70, Number 16 (Wednesday, January 26, 2005)]
[Notices]
[Pages 3764-3765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1432]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-19217; Notice 2]


Mitsubishi Motor Sales Caribbean, Inc., Ruling on Petition for 
Decision of Inconsequential Noncompliance

    Mitsubishi Motor Sales Caribbean, Inc. (MMSC) has determined that 
certain vehicles that it imported and distributed in 1997 through 2004 
do not comply with S4.5.1(b)(2)(ii), (c)(1) and (e)(1)(ii) of 49 CFR 
571.208, Federal Motor Vehicle Safety Standard (FMVSS) No. 208, 
``Occupant Crash Protection.'' Pursuant to 49 U.S.C. 30118(d) and 
30120(h), MMSC has petitioned for an exemption from the notification 
and remedy requirements of 49 U.S.C. chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety. Notice of 
receipt of MMSC's petition was published, with a 30 day comment period, 
on October 8, 2004, in the Federal Register (69 FR 60458). NHTSA 
received no comments.
    A total of approximately 85,065 model year 1998 to 2005 Mitsubishi 
vehicles are affected. Approximately 70,592 Monteros, Nativas, 
Diamantes, Mirages, Lancers, and Outlanders covering model years from 
1998 to 2005 do not comply with S4.5.1(b)(2)(ii), ``Sun visor air bag 
warning label.'' Approximately 10,761 Nativas covering model years 
2000-2004 do not comply with S4.5.1(c)(1), ``Air bag alert label.'' 
Approximately 85,065 Monteros, Nativas, Diamantes, Mirages, Lancers, 
3000 GTs, Outlanders, Galants, Eclipses, Eclipse Spyders, and Endeavors 
covering model years 1998-2005 do not comply with S4.5.1(e)(1)(ii), 
``Label on the dashboard.''
    The relevant requirements of FMVSS No. 208, S4.5.1, ``Labeling and 
owner's manual information,'' are as follows: ``(b)(2)(ii) The message 
area [of the permanent sun visor air bag warning label] * * * shall be 
no less than 30 cm\2\. * * * (c)(1) The message area [of the permanent 
sun visor air bag alert label] * * * shall be no less than 20 square 
cm. * * * (e)(1)(ii) The message area [of the temporary label on the 
dashboard] * * * shall be no less than 30 cm\2\.''
    On the affected vehicles, the actual measurement of the English 
message area for the sun visor air bag warning label is 27 cm\2\ rather 
than the required minimum of 30 cm\2\, for the sun visor alert label is 
12 cm\2\ rather than the required minimum of 20 cm\2\, and for the dash 
label is 19 cm\2\ rather than the required minimum of 30 cm\2\. MMSC 
explains that these noncompliances resulted from reducing the English 
message areas when the respective Spanish translations were added.
    MMSC believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. In support 
of its petition, MMSC states the following:

    The likelihood consumers will perceive the presence of the 
labels is enhanced since the overall sizes of the bilingual labels 
are larger than the English-only labels while the understandability 
performance of the warnings is enhanced since the message reaches a 
wider audience than an English-only version.
    The legibility of the labels at the required distance (i.e., 
from all front seating positions) is not degraded since the font 
size, font color, and letter spacing remain the same as our English-
only versions that meet the message area requirements.
    The labels meet all other requirements in every respect 
including heading content, heading color, message content, message 
area color, message text color, alert symbol content, and alert 
symbol color. * * *
    Mitsubishi believes the percentage of vehicles actually fitted 
today with the non-compliant temporary dash labels is for all 
intents and purposes zero, considering in all likelihood they have 
already been removed by customers after purchase.


[[Page 3765]]


    MMSC has received no customer complaints related to the bilingual 
labels.
    NHTSA has reviewed the petitioner's arguments. The air bag warning 
labels are the agency's primary method for obtaining the owner's 
attention and conveying important safety information. The agency 
believes that these air bag warning labels are necessary to make owners 
aware of the safest way to use their air bag equipped vehicles. In 
NHTSA's occupant crash protection rule published on May 12, 2000 (65 FR 
30680), the agency stated ``* * * as with the current labels, 
manufacturers may provide translations of the required English language 
message as long as all the requirements for the English label are met, 
including size'' (65 FR 30722) (emphasis added). Thus, the agency 
reconfirmed the importance of the message area requirement in the 
advanced air bag final rule.
    The intent of FMVSS No. 208 is that the warning or alert message 
fill the message area (see 61 FR 60206 at 60210 (November 27, 1996)). 
Not filling the message area would make purposeless the specification. 
The label on the dashboard has a message area that is 37 percent below 
the required 30 cm\2\. The air bag alert label on the sun visor has a 
message area that is 40 percent below the required 20 cm\2\. These are 
significant reductions in message area.
    Having reductions of this magnitude is equivalent to not filling 
the message area. The agency has provided figures in FMVSS No. 208 that 
show the message text covers the majority of the message area.
    MMSC hypothesized that there is enhanced label perception by the 
consumer because the size of the bilingual label is larger than the 
English-only label. The bilingual label is addressed in the Federal 
Register notice quoted above. In addition, the message area 
requirements in FMVSS No. 208 enhance the effectiveness of labels by 
not only impacting the label size, but also the appearance of the text 
message. If the agency were only concerned with the size of the label, 
we would have limited our requirement to label size.
    Second, it states that the bilingual label will reach a larger 
audience. This is not relevant to the message area requirement. The 
label can still be bilingual but the minimum English message area is 
specified in the regulatory text. Had the Agency required a bilingual 
label, it would have been logical to specify the same 30 cm\2\ message 
area for both languages.
    Third, it states the font size, font color, and letter spacing 
remains the same as the English-only complying version. The font size 
and letter spacing are not covered by regulation and thus are not 
relevant to the message area requirement. The black font color is 
required, but it is not relevant to the message area requirement. NHTSA 
intended the message area to be filled. Therefore, the font and spacing 
should be chosen with that as a consideration along with owner ease of 
use.
    Fourth, it states that the labels meet all other label 
requirements. This is not relevant to the message area requirement.
    Fifth, it believes dash labels have already been removed. Again 
this is not relevant to the message area requirement.
    Finally, it states it has received no customer complaints. NHTSA is 
not surprised that there are no customer complaints since the labels do 
not affect the operation of the vehicle.
    The sun visor alert label is a permanent label that will still be 
on the vehicles when they enter the used vehicle market. New owners, as 
well as the current owners, should be afforded the opportunity to have 
the air bag warning labels in the minimum format specified by FMVSS No. 
208, which was deemed to be the most effective through focus group 
testing.
    The label on the dashboard, although temporary on a new vehicle, is 
important to NHTSA. Since all the labels had insufficient message area, 
a remedy for this label will help reinforce the air bag message for the 
owners.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has not met its burden of persuasion that the noncompliance 
it describes is inconsequential to safety for the sun visor air bag 
alert label or for the label on the dashboard. Accordingly, in regard 
to these two labels, its petition is hereby denied. MMSC must now 
fulfill its obligation to notify and remedy under 49 U.S.C. 30118(d) 
and 30120(h).
    The sun visor air bag warning label has a message area that is 10 
percent below the required 30 cm2. Even though the label 
minimum format is not met, NHTSA believes in this case that the owner 
and future owners will have a message size that is acceptable. Since 
this label contains the actual owner guidance, NHTSA prefers to keep 
the current label intact rather than require a 10 percent increase in 
message area. In addition, the label on the dashboard will have to be 
remedied and it contains the same information as the sun visor air bag 
warning label. NHTSA expects the remedy will have the effect of 
reemphasizing the warning on the visor label.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the sun visor air bag 
warning labeling noncompliance portion of its petition is 
inconsequential to motor vehicle safety. Accordingly, we grant its 
petition on this issue.

    Authority: 49 U.S.C. 30118(d) and 30120(h); delegations of 
authority at CFR 1.50 and 501.8.

    Issued on: January 19, 2005.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 05-1432 Filed 1-25-05; 8:45 am]
BILLING CODE 4910-59-P