[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
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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.
BILLING CODE 4910-59-P
[[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
