Interpretation ID: nht93-7.20
DATE: October 12, 1993
FROM: Michinori Hachiya -- Director and General Manager, Nissan Research & Development, Inc.
TO: John Womack -- Acting Chief Counsel, NHTSA
TITLE: None
ATTACHMT: Attached to letter dated 11/16/93 from John Womack to Michinori Hachiya (A41; Std. 208)
TEXT:
This letter requests your opinion regarding several aspects of the labeling requirements in the recent mandatory air bag rule. Our specific questions are set forth below.
1. Section 4.5.1(b)(2) of FMVSS 208, as amended in the recent final rule, states with regard to the information placed on the air bag warning label on the sun visor that "No other information shall appear on the same side of the sun visor to which the label is affixed." May the same information appear on the visor in French, immediately following the English text? Permitting the addition of a French translation would facilitate harmonization with Canadian requirements for dual language labels. The French translation would add no information that contributes to "information overload," in our opinion, nor is it likely to cause confusion.
2. Section 4.5.1(a) states that the air bag maintenance label may be combined with the air bag warning label, but section 4.5.1(b) generally prohibits the addition of information to the warning label. We assume that the more specific statement in section 4.5.1(a) is controlling, and the two labels may be combined on the same side of the sun visor. If this assumption is correct, are there restrictions on the manner in which the two labels may be combined? For example, may the air bag maintenance information be inserted into the warning label information immediately prior to the words "see owner's manual for further information and explanations"? This sequence would avoid the necessity of referring twice to the owner's manual for further information.
3. The mandatory air bag rule establishes type size and format requirements for the air bag maintenance label (section 4.5.1(a)), but no similar requirements for the air bag warning label in section 4.5.1 (b). Are we correct in understanding that the lettering of the warning label may be of any size or format, so long as the letters are legible? May different type size and formats be used if the two labels are combined?
4. NHTSA's Consumer Information Regulations provide that a utility vehicle rollover warning label may be affixed to the driver's side sun visor, and the label must include language urging the use of seat belts at all times. See 49 CFR 575.105(c)(1). However, the mandatory air bag rule prohibits placing (1) any additional information on the same side of the sun visor as the air bag warning label and (2) any other information about the need to wear seat belts anywhere on the sun visor. 49 CFR 571.208, section 4.5.1(b)(2). The mandatory air bag rule did not explicitly amend the consumer information provision to prohibit the sun visor location of the rollover warning label. Since part 575 continues to explicitly authorize
the sun visor location for the rollover label, we believe that these requirements can be reconciled by interpreting them to permit the rollover label to be placed on the opposite side of the sun visor from the air bag warning label. Do you agree with this interpretation? We understand that GM and Ford have filed petitions to reconsider section 4.5.1(b)(2) which raises the same issue.
5. It is our understanding that warning labels that do not refer to air bags or seat belts may continue to be placed on the side of the sun visor opposite from the air bag warning label. Nissan currently places a label on the sun visor of a convertible model which provides instructions regarding the use of the convertible top. May this type of label continue to be placed on the sun visor, so long as it is on the side of the visor opposite from the air bag warning label?
We request NHTSA to promptly consider these issues due to our lead time requirements. If you have any questions on this matter, please contact Mr. Toshio Horiuchi of my staff at (202) 466-5284.