Interpretation ID: nht94-7.31

DATE: March 21, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Dale E. Dawkins -- Director, Vehicle Compliance and Safety Affairs, Chrysler Corporation

TITLE: None

ATTACHMT: Attached to letter dated 1/7/94 from D. E. Hawkins to John G. Womack (OCC-9540)

TEXT:

This responds to your letter of January 7, 1994, requesting confirmation that Standard No. 208, Occupant Crash Protection, "would permit the sun visor air bag caution label required in S4.5.1(b) to be combined with the utility vehicle information sticker required by 49 CFR Part 575.105."

Your letter notes that you are aware that both General Motors and Ford petitioned the agency to amend S4.5.1(b)(2) of Standard No. 208, as amended by a September 2, 1993 final rule, to permit the utility vehicle label on the sun visor. A March 10, 1994, final rule responding to the petitions for reconsideration amended S4.5.1(b)(2) to allow the installation of a utility vehicle label that contains the language required by 49 CFR Part 575.105(c)(1).

While the utility vehicle label will continue to be allowed on the sun visor, the language of the final rule does not allow the combination of the utility vehicle label and the air bag warning label. The September 2 and March 10 final rules specify (1) that no information other than that in the air bag maintenance label is allowed on the same side of the sun visor as the air bag warning label, and (2) that other than the air bag alert label or a utility vehicle label, no other information about air bags or the need to wear seat belts shall appear anywhere on the sun visor. Thus, the clear language of the final rules do not permit the utility vehicle label and the air bag warning label to be on the same side of the sun visor.

Your letter asked the agency to treat it as a petition for rulemaking if the language of the final rules do not allow combination of the labels. You will be notified of our decision to grant or deny your petition.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.