Interpretation ID: 18820.jeg

Robert C. Sanders, Esq.
Director and General Counsel
Parents for Safer Air Bags
Suite 300, 1250 24th Street, NW
Washington, DC 20037

Dear Mr. Sanders:

This responds to your letter of September 23, 1998 requesting an interpretation of Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection. You asked about the labeling requirements for air-bag equipped vehicles which were established in a final rule published in the Federal Register (58 FR 46551) on September 2, 1993. These requirements applied to vehicles manufactured from September 1, 1994 until the present sun visor labeling requirements became effective on February 25, 1997.⁽¹⁾ The question you ask is responded to below.

By way of background information, the September 2, 1993 final rule required a warning label bearing specified information about safe conduct around air bags to be located on both sun visors. (S4.5.1(b)(1).) The rule provided further that "(n)o other information shall appear on the same side of the sun visor to which the label is affixed," and that "(e)xcept for 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." (S4.5.1(b)(2).)

You asked whether this final rule⁽²⁾ precluded automobile manufacturers from placing air bag information labels elsewhere in the vehicle (i.e., other than on the sun visor) with a text different than that of the sun visor label.

The answer is no. S4.5.1(b)(1) of Standard No. 208 specified the precise information concerning air bags that was required to be placed on the sun visor, and S4.5.1(b)(2) specified that "no other information concerning air bags or seat belts shall appear anywhere on the sun visor." (Emphasis added.) The standard did not prohibit vehicle manufacturers from placing other accurate information concerning air bags or seat belts in locations in the vehicle other than the sun visor.

If you have any further questions, please feel free to call Edward Glancy of my staff at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:208
d.11/12/98

1. The final rule establishing the current labeling requirements was published in the Federal Register (61 FR 60206) on November 27, 1996. The rule applied to vehicles manufactured on or after February 25, 1997. It provided that manufacturers were permitted to voluntarily substitute the new labels for the earlier labels prior to that date.

2. The agency later made minor amendments to S4.5.1(b), prior to the final rule establishing the current labeling requirements. However, these amendments do not affect the answer to your question.