81_FR_85706 81 FR 85478 - Vehicle Defect Reporting Requirements

81 FR 85478 - Vehicle Defect Reporting Requirements

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 228 (November 28, 2016)

Page Range85478-85488
FR Document2016-28125

NHTSA is proposing to require placing a label on the passenger side sun visor of light-duty vehicles that provides information about how to submit a safety-related motor vehicle defect complaint to NHTSA. This rulemaking also proposes updating the required information in 49 CFR 575.6 for defect reporting information in owner's manuals through the addition of the text developed for this proposal. This proposal responds to the mandate in the Moving Ahead for Progress in the 21st Century Act of 2012 (MAP-21) that manufacturers be required to affix, in the glove compartment or in another readily accessible location on the vehicle, a sticker, decal, or other device that provides, in simple and understandable language, information about how to submit a safety- related motor vehicle defect complaint to NHTSA; and prominently print the information described above within the owner's manual.

Federal Register, Volume 81 Issue 228 (Monday, November 28, 2016)
[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Proposed Rules]
[Pages 85478-85488]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28125]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 575

[NHTSA-2015-0096]
RIN 2127-AL33


Vehicle Defect Reporting Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: NHTSA is proposing to require placing a label on the passenger 
side sun visor of light-duty vehicles that provides information about 
how to submit a safety-related motor vehicle defect complaint to NHTSA. 
This rulemaking also proposes updating the required information in 49 
CFR 575.6 for defect reporting information in owner's manuals through 
the addition of the text developed for this proposal. This proposal 
responds to the mandate in the Moving Ahead for Progress in the 21st 
Century Act of 2012 (MAP-21) that manufacturers be required to affix, 
in the glove compartment or in another readily accessible location on 
the vehicle, a sticker, decal, or other device that provides, in simple 
and understandable language, information about how to submit a safety-
related motor vehicle defect complaint to NHTSA; and prominently print 
the information described above within the owner's manual.

DATES: Comments must be received on or before January 27, 2017. See the 
SUPPLEMENTARY INFORMATION section on ``Public Participation'' for more 
information about written comments.

ADDRESSES: You may submit your comments, identified by Docket ID No. 
NHTSA-2015-0096, by any of the following methods:
     http://www.regulations.gov: Follow the online instructions 
for submitting comments.
     Fax: NHTSA: (202) 493-2251.
     Mail:
    [cir] Docket Management Facility, M-30, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Rm. W12-140, Washington, DC 20590, Attention Docket ID No. 
NHTSA-2015-0096.
     Hand Delivery:
    [cir] Department of Transportation, 1200 New Jersey Avenue SE., 
West Building, Ground Floor, Rm. W12-140, Washington, DC 20590, 
Attention

[[Page 85479]]

Docket ID No. NHTSA-2015-0096 between 9 a.m. and 5 p.m. Eastern Time, 
Monday through Friday, except federal holidays.
    Instructions: Regardless of how you submit comments, you should 
mention Docket ID No. NHTSA-2015-0096 or the Regulatory Identification 
Number (RIN) for this rulemaking. You may call the Docket Management 
Facility at 202-366-9826. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
Public Participation heading of the SUPPLEMENTARY INFORMATION section 
of this document. Note that all comments received will be posted, 
except as noted below, without change to http://www.regulations.gov, 
including any personal information provided.
    Docket: All documents in the dockets are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the 
Docket Management Facility, M-30, U.S. Department of Transportation, 
1200 New Jersey Avenue SE., West Building, Ground Floor, Rm. W12-140, 
Washington, DC 20590. The Docket Management Facility is open between 9 
a.m. and 5 p.m. Eastern Time, Monday through Friday, except federal 
holidays.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received in any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit http://www.dot.gov/privacy.html.

FOR FURTHER INFORMATION CONTACT: For technical issues: Hisham Mohamed, 
National Highway Traffic Safety Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590. Telephone: (202) 366-0307.
    For legal issues: Ryan Hagen, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. 
Telephone: (202) 366-2992.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Statutory Mandate
III. Background
IV. Alternatives Considered and Proposed for the Label
V. Alternatives Considered and Proposed for the Owner's Manual 
Information
VI. Costs
VII. Benefits
VIII. Enforcement and Compliance
IX. Proposed Compliance Date
X. Public Participation
XI. Regulatory Notices and Analyses
XII. Proposed Regulatory Text

I. Executive Summary

    This rulemaking proposes to require placing a sticker, decal, or 
other device that provides, in simple and understandable language, 
information about how to submit a safety-related motor vehicle defect 
complaint to NHTSA on the passenger side sun visor. The agency believes 
that the sun visor is not only the most accessible of the locations 
considered, but also it is the most prominent location, which would 
allow for the most informational benefit to consumers. This rulemaking 
also proposes updating the defect reporting information manufactures 
are required to include in owner's manuals. This rulemaking proposes to 
move the requirement to a different section of the CFR.
    The benefits of the proposed rule, although not quantifiable, are 
anticipated to include: (1) improved messaging and information to 
consumers on how to submit a safety-related motor vehicle defect 
complaint to NHTSA; (2) increased consumer involvement in the motor 
vehicle defect reporting process; (3) reduced time between consumer 
awareness of a possible motor vehicle defect and industry response; (4) 
cost savings to the consumer through improved and timely defect-related 
response by the manufacturer; (5) reduction in the risk and incidence 
of injuries and fatalities attendant with the possible safety-related 
motor vehicle defect; (6) decreased motor vehicle property damage; (7) 
improvement in agency data-collection on potential safety problems in 
motor vehicles and motor vehicle equipment, and resultant decisions on 
whether to open an investigation; and, (8) cost savings to the industry 
by providing motor vehicle manufacturers with information that they may 
not yet have identified and gathered. While NHTSA believes that the 
benefits of this proposed rule would outweigh the costs, NHTSA notes 
that this rulemaking is required by statute and the agency is not 
required to determine that it is cost-beneficial.

II. Statutory Mandate

    The Moving Ahead for Progress in the 21st Century Act of 2012 (MAP-
21) \1\ requires that NHTSA develop a rule to provide consumers with 
information, in simple and understandable language, on how to submit a 
safety-related motor vehicle defect complaint to NHTSA. This 
information is to be placed on a sticker, decal or other device affixed 
to each new vehicle and printed within the owner's manual.
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    \1\ Public Law 112-141.
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    Section 31306 of MAP-21 amended section 32302(d) of Chapter 323, 
Title 49, of the United States Code (U.S.C.). Chapter 323 codifies 
consumer information requirements initially established by the Motor 
Vehicle Information and Cost Savings Act of 1972 (Pub. L. 92-513). 
Section 31306 of MAP-21 requires that NHTSA develop a rulemaking to 
require passenger motor vehicle manufacturers (1) to affix, in the 
glove compartment or in another readily accessible location on the 
vehicle, a sticker, decal, or other device that provides, in simple and 
understandable language, information about how to submit a safety-
related motor vehicle defect complaint to NHTSA; and (2) to prominently 
print the information described above by placing the text in Bold 
letters within the owner's manual. Section 31306 specifies that the 
above information must not be placed on the label required under 
section 3 of the Automobile Information Disclosure Act (15 U.S.C. 
1232).
    The agency has interpreted Section 31306 as directing DOT (by 
delegation, NHTSA) to determine a readily accessible location in a 
passenger motor vehicle for the required information to be affixed 
(considering the glove compartment as one option), and to ensure that 
the information is conveyed in simple and understandable language via a 
sticker, decal, or other device. NHTSA believes that the determinations 
of whether to require (1) a particular location for the sticker, decal, 
or other device, (2) specified language to be used by all 
manufacturers, or (3) a particular location for the information in the 
owner's manual, are left to the agency's discretion. We have 
interpreted the terms ``sticker, decal, or other device,'' to be 
various forms of the term ``label.'' Thus, we use the term ``label'' 
throughout this proposal to refer to the various ways a manufacturer 
could place the required information on the vehicle. We believe this 
could be fulfilled either through an adhesive method, such as a label 
generally refers to, or through a printing method, where

[[Page 85480]]

text would be directly applied to a surface.
    This rulemaking satisfies this mandate by proposing to require 
manufacturers to place a label on the passenger side sun visor that 
provides concise information on how to submit a safety-related defect 
complaint to NHTSA. This rulemaking also proposes to require 
manufacturers to print the same information in the owner's manual.

III. Background

    Motor vehicle safety is defined as ``the performance of a motor 
vehicle or motor vehicle equipment in a way that protects the public 
against unreasonable risk of accidents occurring because of the design, 
construction, or performance of a motor vehicle, and against 
unreasonable risk of death or injury in an accident, and includes non-
operational safety of a motor vehicle.'' \2\ A defect includes ``any 
defect in performance, construction, a component, or material of a 
motor vehicle or motor vehicle equipment.'' \3\ Generally, a safety 
defect is defined as a problem that exists in a motor vehicle or item 
of motor vehicle equipment that poses an unreasonable risk to motor 
vehicle safety, and may exist in a group of vehicles of the same design 
or manufacture, or items of equipment of the same type and manufacture.
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    \2\ 49 U.S.C. 30101(a)(8).
    \3\ 49 U.S.C. 30101(a)(2).
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    The National Traffic and Motor Vehicle Safety Act of 1966 \4\ (the 
Vehicle Safety Act) granted NHTSA the authority to investigate defects 
and to determine whether a defect exists. If a safety defect is 
discovered, the manufacturer must notify NHTSA, as well as vehicle or 
equipment owners, dealers, and distributors. If NHTSA determines that a 
defect creates an unreasonable safety risk, the agency may require a 
manufacturer to notify consumers, remedy a defect or issue a 
recall.5 6 The manufacturer is then required to remedy the 
problem at no charge to the owner. NHTSA monitors the manufacturer's 
corrective action to ensure successful completion of the recall 
campaign. Since the passage of the Vehicle Safety Act,\7\ 605 million 
cars, trucks, buses, recreational vehicles, motorcycles, and mopeds, as 
well as nearly 59 million tires, 91 million items of motor vehicle 
equipment, and 60 million child safety seats have been recalled to 
correct safety defects.\8\
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    \4\ Codified at 15 U.S.C. 1381 et seq. and recodified in 1994 as 
Chapter 30, Title 49, of the United States Code.
    \5\ A manufacturer of a motor vehicle or motor vehicle equipment 
is required by 49 U.S.C. 30118(c) to notify the Secretary by 
certified mail, and the owners, purchasers, and dealers of the 
vehicle or equipment as provided in section 30119(d) of this 
section, if the manufacturer--
    (1) learns the vehicle or equipment contains a defect and 
decides in good faith that the defect is related to motor vehicle 
safety; or
    (2) decides in good faith that the vehicle or equipment does not 
comply with an applicable motor vehicle safety standard prescribed 
under this chapter.
    Section 30119(d) provides notification procedures. Section 
30120(a) of 49 U.S.C. provides that when notification is required 
under section 30118(c), the remedy shall be without charge when the 
vehicle or equipment is presented for remedy. NHTSA regulations at 
49 CFR part 573 ``Defects and noncompliance responsibility and 
reports,'' and Part 577 ``Defects and noncompliance notification'' 
implement these statutory requirements.
    Pursuant to 49 U.S.C. 30165, a manufacturer who violates any of 
the above-mentioned statutory or regulatory provisions is liable to 
the Government for a civil penalty. Until 1997 the maximum civil 
penalty was $1,000 per violation up to a maximum of $800,000 for a 
related series of violations. By a separate statutorily mandated 
regulation, since 1997 NHTSA has adjusted the Sec.  30165 civil 
penalties upward for inflation. 49 CFR part 578. The Transportation 
Recall Enhancement, Accountability, and Documentation (TREAD) Act, 
(Pub. L. 106-414), enacted in 2000 in light of the Firestone/Ford 
controversy, amended the Safety Act by, inter alia, raising those 
maximum civil penalties to $5,000 per violation and $15,000,000 for 
a related series of violations, and added criminal penalties (49 
U.S.C. 30170) for violations of reporting requirements. MAP-21, 
enacted in 2012, increased the maximum civil penalty for a related 
series of violations to $35,000,000. The Fixing America's Surface 
Transportation Act (FAST Act), Public Law 114-94 (Dec. 4, 2015), 
increased maximum civil penalties to $21,000 per violation and 
$105,000,000 for a related series of violations. The increases in 
maximum civil penalties in the FAST Act become effective on the date 
on which the Secretary of Transportation certifies that NHTSA has 
completed a rulemaking to provide an interpretation of the penalty 
factors in 49 U.S.C. 30165. The higher civil penalty maximums in the 
Part 578, MAP-21, and the FAST Act amendments are not retroactive to 
violations that occurred before their enactments.
    \6\ Under the 1974 amendments to the Motor Vehicle Safety Act, 
Congress gave NHTSA broad new power to enforce recall decisions. 
These included new reporting requirements, increased penalties for 
noncompliance, and subpoena and plant inspection authority.
    \7\ During the period 1966 to 2014.
    \8\ 2014 Recall Annual Report--NHTSA. See report at http://www.safercar.gov/staticfiles/safercar/pdf/2014-annual-recalls-report.pdf (last accessed September 18, 2015). This data includes 
recalls that take place because the vehicles and equipment do not 
meet the requirements of applicable safety standards set by NHTSA. 
Manufacturers voluntarily initiate most recalls.
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    To obtain information about potential safety defects in vehicles 
and equipment, NHTSA's Office of Defects Investigation (ODI) receives 
data from a variety of sources including vehicle and equipment 
manufacturers, dealers, and consumer advocacy groups and forums. 
However, ODI relies heavily on information received from consumers who 
experience issues with their vehicles and equipment. ODI receives, on 
average, between 40,000 and 50,000 complaints from consumers each year.
    If a consumer thinks that his/her vehicle or equipment may have a 
safety-related defect, reporting it to NHTSA is an important first step 
to take to get the situation remedied and help make the nation's roads 
safer. If the agency receives similar reports from a number of 
consumers about the same product, this could indicate that a safety-
related defect exists that could warrant the opening of an 
investigation. However, an analysis of one complaint may also lead to 
an investigation depending on the type of defect that is reported. In 
order to make it convenient for consumers to report any suspected 
safety-related defects to NHTSA, the agency offers three ways to file 
such complaints.

Vehicle Safety Hotline

    NHTSA operates the United States Department of Transportation's 
Vehicle Safety Hotline telephone service to collect accurate and timely 
information from consumers on vehicle safety problems. Consumers can 
call 1-888-327-4236 or 1-800-424-9393 toll-free from anywhere in the 
United States, Puerto Rico, and the Virgin Islands to register 
complaints or receive recall information about a vehicle. The Hotline 
also has Spanish-speaking representatives and offers a dedicated 
number, 1-800-424-9153, for use by persons with hearing impairments.
    When a consumer calls the Hotline to report a vehicle-related 
safety issue, the consumer is asked to provide certain critical 
information that NHTSA technical staff needs to evaluate the 
problem.\9\ The information that the consumer provides is filed on a 
Vehicle Owner's Questionnaire (VOQ) form, entered into the agency's 
consumer-complaint database, and forwarded to NHTSA technical staff for 
evaluation. VOQs filed through the Hotline are mailed to consumers for 
verification of data. In addition, consumers receive an explanation of 
how their questionnaire will be used. NHTSA may provide information 
from the questionnaire to the vehicle manufacturer.
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    \9\ The Privacy Act of 1974--Public Law 93-579, As Amended: This 
information is requested pursuant to the authority vested in the 
National Highway Traffic Safety Act and subsequent amendments. 
Consumers are under no obligation to respond to this questionnaire. 
Consumer response may be used to assist NHTSA in determining whether 
a manufacturer should take appropriate action to correct a safety 
defect. If NHTSA proceeds with administration enforcement or 
litigation against a manufacturer, consumer response, or statistical 
summary thereof, may be used in support of the agency's action.

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[[Page 85481]]

Safercar.gov

    Consumers can also report a vehicle safety issue to NHTSA online at 
its vehicle safety Web site: www.safercar.gov. The consumer can select 
``Report Safety Problems'' within the Vehicle Owners section of the 
home page. The information that a consumer submits via the Web site is 
recorded in VOQ format, entered into NHTSA's consumer complaint 
database, and provided to NHTSA technical staff for evaluation. NHTSA 
may provide information from the questionnaire to the vehicle 
manufacturer.

U.S. Mail

    A consumer can also report a defect by sending a letter to the 
agency via U.S. mail.

SaferCar Mobile Application

    In March 2013, NHTSA launched its SaferCar mobile application that 
allows consumers to access important vehicle safety information from 
their mobile devices.\10\ To report a safety complaint to NHTSA through 
the SaferCar mobile application, a consumer who has a smart phone or a 
tablet can download the SaferCar application for free, scan in their 
vehicle identification number, and follow instructions to submit their 
complaint. The information collected through this mobile application is 
similar to that which is collected online at SaferCar.gov.
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    \10\ The current SaferCar mobile application is available for 
the iOS and Android mobile operating systems.
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    Manufacturers are currently required to include the following text 
in all passenger vehicle owner's manuals: \11\
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    \11\ 49 CFR 575.6.

    If you believe that your vehicle has a defect which could cause 
a crash or could cause injury or death, you should immediately 
inform the National Highway Traffic Safety Administration (NHTSA) in 
addition to notifying [INSERT NAME OF MANUFACTURER].
    If NHTSA receives similar complaints, it may open an 
investigation, and if it finds that a safety defect exists in a 
group of vehicles, it may order a recall and remedy campaign. 
However, NHTSA cannot become involved in individual problems between 
you, your dealer, or [INSERT NAME OF MANUFACTURER].
    To contact NHTSA, you may call the Vehicle Safety Hotline toll-
free at 1-888-327-4236 (TTY: 1-800-424-9153); go to http://www.safercar.gov; or write to: Administrator, NHTSA, 400 Seventh 
Street, SW., Washington, DC 20590. You can also obtain other 
information about motor vehicle safety from http://www.safercar.gov.

    NHTSA notes that this required text uses an outdated mailing 
address. The correct mailing address is: U.S. Department of 
Transportation, National Highway Traffic Safety Administration, Office 
of Defects Investigation (NEF-100), 1200 New Jersey Avenue SE., 
Washington, DC 20590.
    The currently required text also does not advise vehicle users of 
the ability to file a complaint on the safercar.org Web site, or 
through the new safercar.gov mobile application.

IV. Alternatives Considered and Proposed for the Label

    NHTSA first considered whether to require a particular location for 
the label containing defect reporting language, or whether to leave the 
location up to the manufacturer's discretion. Section 31306 does not 
specify whether the determination of location is to be made by the 
agency or the manufacturer. NHTSA acknowledges that differing vehicles 
designs may mean that the most accessible location for a label in a 
particular vehicle also differs. We also considered that there may be 
benefits to providing flexibility to manufacturers by allowing them to 
make the location determination. The agency believes that increased 
compliance flexibility often has the potential to lower costs while 
preserving manufacturer ability to design to consumer preferences. In 
this case, however, the benefits to increased manufacturer flexibility 
are believed to be minimal. The base estimated costs of implementing 
this proposal are believed to be low, and the agency does not believe 
that additional flexibility would be able to provide any significant 
further cost savings. In addition, the purpose of requiring such a 
label is to ensure that consumers encounter the information; to the 
extent that a manufacturer seeks to ``blend'' the label into 
preexisting vehicle designs, we believe this may detract from the 
purpose of the requirement.
    On the other hand, we believe a standardized location for defect 
reporting information would best further the purpose of Section 31306 
by increasing the accessibility of the information through repeat 
consumer exposure and expectations. We anticipate that once the 
consumer has encountered the information in a particular vehicle 
location, he or she would be more likely to associate the information 
with the location and be able to access it again at a point when it is 
sought (such as after a safety incident has occurred or a defect 
suspected). Therefore, we are proposing to require a particular 
location for placement of the language by all manufacturers.
    NHTSA identified five locations on a vehicle where the placement of 
a label is likely to be practicable and the information displayed 
likely to be accessible to a consumer. The five options thus considered 
in this proposal are: (1) the passenger's sun visor; (2) the glove 
compartment; (3) the edge of the driver's door; (4) the driver's side 
B-pillar, and (5) the headliner above the sun visor. Section 31306 of 
MAP-21 (``. . . affix, in the glove compartment or in another readily 
accessible location on the vehicle . . .'') appears to suggest that the 
glove compartment may be the best location for the label, however, the 
selection of the location is left to the agency's discretion.
    Merriam-Webster dictionary defines ``accessible'' as ``capable of 
being reached, easy to communicate, capable of being influenced, 
capable of being used or seen, or capable of being understood or 
appreciated.'' \12\ NHTSA notes that while Section 31306 does not 
mandate that the required location be determined to be the most 
accessible of all the options, Congress appears to have given the 
accessibility of the information the highest priority of potential 
factors. The agency notes that in the context of placing displays of 
information, the prominence of the placement directly influences the 
degree to which the information can be seen, and thus the degree to 
which the language can communicate and be understood. Prominence is 
thus an important element of accessibility when considering where to 
put a label. Therefore, NHTSA first focused its analysis on which 
prominent locations inside the vehicle could display information that 
would then be highly accessible to (i.e., reachable by) vehicle users.
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    \12\ Merriam-Webster Online--http://www.merriam-webster.com/dictionary/accessible (last accessed January 23, 2013).
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    First, NHTSA considered the glove compartment for prominence and 
accessibility, as this location was specifically suggested by Congress. 
We believe this location may have been suggested because of the common 
practice of storing documents such as the vehicle owner's manual, 
registration, and insurance information, which a driver is likely to 
reference in the event of an accident or problem with the vehicle. In 
addition, glove compartments face the vehicle occupants and are 
generally within a few feet of eye level, which may make information 
displayed within one more prominent than it would be in locations that 
are behind or to side of occupants, or further from eye level.
    However, the agency believes that the variety in current designs of 
glove

[[Page 85482]]

compartments may impact the degree of accessibility and prominence of 
information displayed within them. For example, we are aware of some 
designs that open on a simple hinge, similar to an envelope drop box, 
and others that open on a hinge that drops the compartment down below 
the dashboard. After consideration of the surface areas available for 
placement of a label within different glove compartment designs, we are 
concerned the variation in designs may make placement of a label inside 
the glove compartment more visible on some vehicles than others. Not 
all glove compartments appear to offer a prominent surface area on 
which to place a label with detailed reporting information. 
Additionally, we believe that consistency in visibility of the label 
across model types may make it more accessible and prominent to 
consumers through their past associations with labels in other 
vehicles.
    Next, NHTSA considered the passenger's side sun visor. This 
location was considered accessible and prominent, as it is situated in 
front of vehicle occupants not far from eye level. The suitability of 
this location for labels has previously been leveraged by the agency 
for both air bag labels and vehicle rollover labels.
    The air bag label, established under FMVSS 208 (Occupant Crash 
Protection), requires manufacturers to affix an air bag warning label 
to the sun visor at each seating position that is equipped with an 
inflatable restraint.\13\ 49 CFR part 575.105 (Vehicle Rollover) also 
requires that a rollover warning label be affixed at the driver's sun 
visor for utility vehicles.\14\ The rollover warning label may appear 
on either side of the visor, but if it appears on the same side as the 
air bag label, it must be separated from the air bag label by a certain 
distance. The air bag label may be affixed to either side of the sun 
visor. FMVSS 208 also specifies that no other information may appear on 
the same side of the sun visor to which the air bag warning label is 
affixed, except for the utility vehicle warning label, and no other 
information about the air bags or the need to wear seat belts may 
appear anywhere on sun visors.\15\
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    \13\ Sec.  571.208, Standard No. 208; Occupant crash protection.
    S4.5.1(b) Sun visor air bag warning label. (1) Except as 
provided in S4.5.1(b)(2), each vehicle shall have a label 
permanently affixed to either side of the sun visor, at the 
manufacturer's option, at each front outboard seating position that 
is equipped with an inflatable restraint.
    \14\ Sec.  575.105 Vehicle rollover.
    c) Definitions. Utility vehicles means multipurpose passenger 
vehicles (other than those which are passenger car derivatives) 
which have a wheelbase of 110 inches or less and special features 
for occasional off-road operation.
    \15\ Sec.  571.208.
    S4.5.1(b)(5) Limitations on additional labels. (i) Except for 
the information on an air bag maintenance label placed on the sun 
visor pursuant to S4.5.1(a) of this standard, or on a utility 
vehicle warning label placed on the sun 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.
    (ii) Except for the information in an air bag alert label placed 
on the sun visor pursuant to S4.5.1(c) of this standard, or on a 
utility vehicle warning label placed on the sun 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.
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    NHTSA considered that the label for information on how to contact 
NHTSA with a vehicle safety defect complaint could be affixed on the 
passenger's sun visor on the opposite side from the air bag warning 
label, which would allow for sufficient separation of the two labels. 
As each label would contain concise information, we believe that such 
separation from the pictogram of the air bag label would be sufficient 
to ensure that both labels display information prominently. We note 
that a similar setup exists on the driver side sun visor of utility 
vehicles, which bears either the air bag label on one side and the 
rollover warning label on the other side of the visor, or both labels 
on the same side. The agency is not aware of any negative impacts from 
the placement of two labels on one visor on those vehicles.
    NHTSA next considered the driver's side b-pillar or edge of the 
driver's door. In its tire safety information final rule,\16\ the 
agency agreed with manufacturers that there is a concern about the 
sufficiency of the space for the placement of the vehicle placard and 
tire inflation label in the door edge or B-pillar for some vehicles. As 
a result, in that rule, NHTSA added other alternative requirements to 
the requirement that the vehicle placard and tire inflation pressure 
label be located on the driver's side B-pillar.\17\ The agency remains 
concerned that the relatively limited space in these locations, 
combined with design variations, may detract from the prominence of a 
label with detailed reporting information. We also believe that the 
current vehicle placard and tire inflation pressure label are 
relatively technically specific, and by adding another label may crowd 
the messaging on how to reach NHTSA with a potential vehicle safety 
complaint.
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    \16\ 67 FR 69600, at 69617-69618.
    \17\ Id. at 69617.
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    Finally, NHTSA considered the headliner above the sun visor. Like 
the sun visor, the headliner is a relatively accessible and prominent 
location, being in front of the vehicle occupants and not far from eye 
level. A label on either the headliner or the ``back'' side of the 
visor would only be visible when the visor was in the ``open'' (not 
stowed) position. As the headliner currently does not contain labels, a 
potential benefit to using this space for the defect label would be to 
avoid any confusion or crowding of information.\18\ The ability to 
require the label on the driver's side headliner, as opposed to the 
passenger's side sun visor may carry additional accessibility benefits 
by bringing the information closer to the driver, who is more likely to 
need or use the information.
---------------------------------------------------------------------------

    \18\ Related, the headliner may provide for more consistency in 
label placement if manufacturers frequently vary whether to place 
the air bag label on the front or back side of the label. However, 
NHTSA believes that the variation in air bag label placement is 
likely due to manufacturer desire to limit the label visibility to 
when the visor is in the open position, and requiring a label on 
each side of the visor would make that concern irrelevant.
---------------------------------------------------------------------------

    However, a label on the back side of the visor would appear closer 
to eye level when the visor was in the open position. NHTSA is also 
concerned that the potential use of the driver's side headliner may 
introduce a crowding issue in utility vehicles, which would now have 
three informational labels in the same area on the driver's side (this 
could defeat any spacing benefit assumed for avoiding the use of the 
sun visor). In addition, the use of the visor for existing label 
requirements may make it more likely that a vehicle occupant would 
associate the visor with vehicle safety-related reference information 
and thus check it in the event of a safety problem. For these reasons, 
the agency believes a label on the headliner may be less prominent than 
one on the visor itself.
    For the above reasons, of the five locations considered, the 
agency's preferred alternative for placement of the sticker, decal, or 
other device is the passenger side sun visor. The agency also 
recognizes that the headliner above the sun visor may have similar 
benefits to the visor without some of the disadvantages of the visor. 
Therefore, the headliner is currently considered a close second to the 
preferred alternative.
    NHTSA invites comments on whether the passenger side sun visor is 
indeed the best easily accessible location for a label, as well as 
whether the agency should have considered additional locations within 
the vehicle. Commenters should provide detail on

[[Page 85483]]

which location is best and why. If additional locations are suggested, 
commenters are requested to provide information on the accessibility, 
prominence, and practicability of the suggested location. NHTSA also 
invites comments on whether its assumptions and assessment of the 
preferred location are reasonable. Commenters are requested to provide 
supporting information for their suggestions.
Specified Language
    NHTSA also considered whether to require specified language to be 
printed on the label, or whether to leave the choice of language up to 
the vehicle manufacturer. Section 31306 of MAP-21 does not specify 
whether the choice of actual content is to be made by the agency or by 
the manufacturer. Given that information on how to submit a safety-
related defect complaint is relatively straightforward, and does not 
vary by vehicle type or design, we do not see a benefit to leaving the 
choice of language up to the manufacturer. Conversely, we believe that 
requiring standardized language could prevent confusion or inaccuracies 
that customized language could produce. Further, standardized language 
may have the benefit of creating a phrase association for vehicle users 
that could help them remember which agency to contact with a safety-
related concern whether or not they remember where the contact 
information is located within their vehicle. For these reasons, NHTSA 
is proposing standardized language for the decal, label, or other 
device.
    Next, NHTSA considered proposed content for the labels. Information 
on how to reach NHTSA with potential vehicle safety defect complaints 
is currently written in all passenger vehicle owner's manuals. 
Manufacturers are currently required to include the following text in 
all passenger vehicle owner's manuals: \19\
---------------------------------------------------------------------------

    \19\ 49 CFR 575.6.

    If you believe that your vehicle has a defect which could cause 
a crash or could cause injury or death, you should immediately 
inform the National Highway Traffic Safety Administration (NHTSA) in 
addition to notifying [INSERT NAME OF MANUFACTURER].
    If NHTSA receives similar complaints, it may open an 
investigation, and if it finds that a safety defect exists in a 
group of vehicles, it may order a recall and remedy campaign. 
However, NHTSA cannot become involved in individual problems between 
you, your dealer, or [INSERT NAME OF MANUFACTURER].
    To contact NHTSA, you may call the Vehicle Safety Hotline toll-
free at 1-888-327-4236 (TTY: 1-800-424-9153); go to http://www.safercar.gov; or write to: Administrator, NHTSA, 400 Seventh 
Street SW., Washington, DC 20590. You can also obtain other 
information about motor vehicle safety from http://www.safercar.gov.

    Section 31306 of MAP-21 states that the label information must be 
``in simple and understandable language.'' Given the currently required 
language, NHTSA interprets one purpose of the new requirement as 
relaying the same basic information to vehicle users in a more 
straightforward and condensed manner appropriate for a sticker or 
label. With that in mind, NHTSA developed the following proposed 
language for the consumer information label:

Do you believe your vehicle has a safety-related problem?

    The National Highway Traffic Safety Administration (NHTSA) NEEDS to 
know.
    File your complaint with NHTSA today! Filing a complaint is easy:

Online: http://www.safercar.gov
Toll-free Hotline: 1-888-327-4236 (TTY: 1-800-424-9153)
Mail: U.S. Department of Transportation, NHTSA, Office of Defects 
Investigation, NEF-100, 1200 New Jersey Avenue SE., Washington, DC 
20077-9382.

    Information about how to keep your vehicle safe can be found at 
www.SaferCar.gov.

    NHTSA believes the above proposed language would be easily readable 
and comprehensible, and that by sticking to brief, standardized 
content, the proposed device would effectively inform consumers of how 
to file a potential vehicle safety defect. The agency believes that 
longer strings of information in this context are unnecessary, and may 
detract from a vehicle user's ability to internalize the information 
presented. The simple listing format above is intended to make it less 
likely that a vehicle user would miss the key message of the label or 
device.
    NHTSA requests comment on the language, including whether it 
provides the necessary information on how to contact NHTSA with vehicle 
safety-related complaints, and whether it is simple and understandable. 
Should the commenter have additional or revised language to propose, 
the agency requests detail as to what additional or revised language is 
recommended and how it is likely to fulfill the statutory purpose 
better than the proposed text.
Label Design
    NHTSA believes the intent of Section 31306 of MAP-21 was to provide 
consumers with easily accessible and understandable information on how 
to contact the agency with any vehicle safety-related defects and 
complaints. NHTSA does not believe that the requirements under this 
rule are intended to increase a manufacturer burden beyond 
communicating the basic information on how to contact the agency with a 
vehicle safety-related defect complaint.
    With that in mind, NHTSA is proposing the following simple design 
requirements for the label, which are similar to the design 
requirements of the air bag warning label and the rollover warning 
label: \20\
---------------------------------------------------------------------------

    \20\ See 49 CFR part 571.208; 49 CFR part 575.105, Vehicle 
Rollover.
---------------------------------------------------------------------------

     The title must be in a bold black text.
     The message area must be white with black text.
     The pictograms must be black with a white background.
     The label must be appropriately sized so that it is 
legible, visible and prominent to the driver.
    NHTSA believes that these requirements communicate the information 
as intended in the statute in an accessible, readable, and 
comprehensive manner. NHTSA believes that a simple black and white 
label would effectively communicate the necessary information, and that 
requiring color on labels could create an unnecessary financial burden 
to some manufacturers. In regard to the font for the label, NHTSA is 
not proposing either a particular font face, font size, or case for the 
label. In existing label requirements (e.g., tire, rollover, and air 
bag), the agency has not encountered issues with leaving the font 
specifications up to manufacturers. However, NHTSA is proposing to 
specify that the text on the label be ``legible, visible, and 
prominent'' to the driver.\21\ NHTSA is also not proposing to specify a 
size, shape, or dimension for the label, in order to provide 
manufacturers the flexibility to design the placard and label in a 
manner that can be configured to each vehicle design. This flexibility 
is similar to that provided in other label requirements.\22\ A sample 
of the proposed label is as follows:
---------------------------------------------------------------------------

    \21\ See 67 FR 69617.
    \22\ Id.

---------------------------------------------------------------------------

[[Page 85484]]

[GRAPHIC] [TIFF OMITTED] TP28NO16.007

    NHTSA seeks comments on the proposed design of the label, including 
the current recommendation to keep the label in black and white without 
additional colors. If a comment requests that the labels have color, 
either on the background and/or in the content including text, the 
commenter should provide a detailed explanation as to the benefit such 
changes would provide to the consumer. NHTSA also seeks comment on the 
proposed content, as to whether the information is adequate to inform 
consumers on what actions to take should they feel they have a safety-
related problem with their vehicle, and whether there is any undue 
burden that vehicle manufacturers may face under this proposal that the 
agency should consider.

V. Alternatives Considered and Proposal for the Owner's Manual 
Information

    NHTSA considered whether to develop unique language for owner's 
manuals on how to submit a defect complaint, whether to use the same 
language in the manual as is required for the label, or whether to 
simply update the currently required owner's manual information with 
NHTSA's new address and SaferCar mobile application.
    NHTSA believes that the clearest way to read Section 31306(d)(1)(B) 
of MAP-21 (``prominently print the information described in [the label 
requirement] within the owner's manual'') is that Congress intended for 
the same essential information displayed in the label to be available 
in the owner's manual, but not necessarily that the label be exactly 
reproduced in the owner's manual. If Congress had intended for the 
label to be printed in both places, we believe it would have indicated 
so more directly by combining the two requirements, rather than refer 
to the required information more broadly as that ``described in'' the 
label requirement. Further, we believe that the greater space offered 
in owner's manuals allows for additional explanatory statements that 
may be useful to a consumer seeking more information on the defects 
reporting process.
    For the above reasons, NHTSA is proposing the following language 
for the owner's manual requirement:

    If you believe that your vehicle has a defect which could cause 
a crash or could cause injury or death, you should immediately 
inform the National Highway Traffic Safety Administration (NHTSA) in 
addition to notifying [INSERT NAME OF MANUFACTURER].
    If NHTSA receives similar complaints, it may open an 
investigation, and if it finds that a safety defect exists in a 
group of vehicles, it may order a recall and remedy campaign. 
However, NHTSA cannot become involved in individual problems between 
you, your dealer, or [INSERT NAME OF MANUFACTURER].
    To contact NHTSA, you may call the Vehicle Safety Hotline toll-
free at 1-888-327-4236 (TTY: 1-800-424-9153); go to http://www.safercar.gov; download the SaferCar mobile application; or write 
to: Administrator, NHTSA, 1200 New Jersey Ave. SE., Washington, DC 
20590. You can also obtain other information about motor vehicle 
safety from http://www.safercar.gov.

    NHTSA is not proposing design requirements for the owner's manual 
information, beyond that it must be printed in a font size no smaller 
than 10 point type. NHTSA is also not proposing to require the owner's 
manual information to be printed in a particular section of the manual. 
We recognize that there may be some increased consumer exposure benefit 
to requiring the information to be printed in a standard design, and/or 
on a particular page of the manual. However, in the event of a safety-
related issue with their vehicle, we believe it is common for a vehicle 
user to consult the table of contents within the manual for direction 
on their particular issue, and thus would be informed of where to find 
the information on how to submit a defect complaint. We also believe 
that manufacturers would be capable of fulfilling the statutory 
requirement to print the information prominently without the potential 
burden of redesigning their manual layouts to incorporate a 
standardized placement.
    NHTSA is also proposing to move the required language currently 
located in 49 CFR part 575.6 to 49 CFR 575.501 in order keep these like 
requirements in the same place. This section will provide manufacturers 
with the required safety-related defect reporting information in the 
owner's manual. As noted above, the current requirement does not 
include the most up-to-date reporting information, including the 
Safercar mobile application, and we believe that Congress developed the 
new owner's manual requirement with the intent that it would subsume 
the existing regulation.
    NHTSA requests comment on the proposal to use an updated version of 
the currently required owner's manual information, including whether 
this

[[Page 85485]]

would fulfill the statutory requirement. NHTSA also requests comment on 
whether to require specific design requirements and whether to require 
the owner's manual information in a particular section of the manual, 
and whether our assessment of the limited benefits of such additional 
requirements is accurate. Commenters are requested to provide detailed 
explanations for any recommendations.

VI. Costs

    In determining estimated industry costs associated with this 
proposal, the agency investigated potential ``ball-park'' production 
cost and labor cost for labels and owner's manual information.
    For purposes of the label cost estimate, NHTSA estimates the one-
time cost and recurring annual cost associated with producing a new, 
adhesive-type label that is separate from existing labels. NHTSA 
estimates that the one-time cost per manufacturer for development of 
the label is $22.67, assuming one hour of labor. The labor cost 
estimate is based on the Bureau of Labor Statistics Motor Vehicle 
Manufacturing average hourly wage of production workers.\23\ See Table 
1. The total one-time industry cost to 22 manufacturers of passenger 
cars and light trucks is estimated at $586.74.
---------------------------------------------------------------------------

    \23\ http://www.bls.gov/oes/current/oes519199.htm.

                             Table 1--Estimated One-Time Manufacturer Cost for Label
                                                 [2012 Dollars]
----------------------------------------------------------------------------------------------------------------
                                                               Estimated labor  Estimated labor      Cost per
                    One-time startup costs                         rate/hour          hours        manufacturer
----------------------------------------------------------------------------------------------------------------
Motor Vehicle Manufacturing Production Worker................          $26.67                1           $26.67
----------------------------------------------------------------------------------------------------------------

    We estimate the annual costs for producing the label as follows. 
NHTSA assumes a per-label cost of $0.04 and a labor value of $0.09 per 
label. To arrive at a labor value of $0.09, we estimate the average 
assembly line worker salary \24\ ($21.14) divided by 60 minutes, 
divided by 60 seconds = $0.0059 per second. We estimate that affixing 
the label on the sun visor would take approximately 15 seconds, based 
on the amount of time we assumed the average worker would take to open 
the vehicle door, position the sun visor, and affix the label. This 
also assumes that, like the VIN numbers, the label would be affixed to 
the vehicle after it is assembled. We assume that 16.5 million 
passenger vehicles will be sold per year.\25\ Based on the above, we 
estimate that the total annual industry cost for the label, including 
printing and labor, is $2.15 million. See Table 2.
---------------------------------------------------------------------------

    \24\ http://www.bls.gov/oes/current/oes512099.htm.
    \25\ See 78 FR 55138.

                               Table 2--Estimated Total Label Annual Industry Cost
                                                 [2012 Dollars]
----------------------------------------------------------------------------------------------------------------
                                                    Labor value     Cost w/out                       Industry
       Number of vehicles          Cost of label     per label         labor          $ Labor       annual cost
----------------------------------------------------------------------------------------------------------------
16.5 million....................           $0.04           $0.09        $660,000      $1,485,000  ..............
                                 -------------------------------------------------------------------------------
    Total cost..................  ..............  ..............  ..............  ..............      $2,145,000
----------------------------------------------------------------------------------------------------------------

    NHTSA developed the following cost estimates for the development 
and printing in simple and understandable language within the owner's 
manual, information about how to submit a safety-related motor vehicle 
defect complaint to the National Highway Traffic Safety Administration. 
See Table 3. The cost of printing the page the size of the required 
text is estimated at $0.04. Multiplying $0.04 by 16.5 million vehicles 
results in an estimated annual cost to vehicle manufacturers of 
$660,000 for printing the page in the owner's manual. The one-time cost 
to manufacturers for the information in the owner's manual is 
negligible.

                           Table 3--Estimated Owner's Manual Information Printing Cost
                                                 [2012 Dollars]
----------------------------------------------------------------------------------------------------------------
                          Annual costs                                 Rate            Pages           Cost
----------------------------------------------------------------------------------------------------------------
Printing--per page..............................................           $0.04               1           $0.04
16.5 million number of vehicles.................................  ..............  ..............         660,000
----------------------------------------------------------------------------------------------------------------

    The estimated total annual recurring cost to vehicle manufacturers 
is $2.8 million ($2.15 million label cost + $0.66 million owner's 
manual cost).

VII. Benefits

    As information on the effects of making defect reporting 
information more accessible to vehicle users is not available, the 
benefits of this proposed rule are not quantifiable. However, NHTSA 
believes that there would be several qualitative benefits of this 
action. Some of the anticipated benefits would fall to vehicle users. 
These benefits could be direct (improved consumer awareness and 
involvement) or indirect (fewer vehicle safety incidents or accidents 
across particular model types on account of an expanded or quickened 
defect reporting and response process). Other anticipated benefits 
would fall to agency and the industry in the form of efficiencies 
gained by closing information gaps. The anticipated benefits of this 
proposal include:

[[Page 85486]]

    (1) Improved messaging and information to consumers on how to 
submit a safety-related motor vehicle defect complaint to NHTSA;
    (2) increased consumer involvement in the motor vehicle defect 
reporting process;
    (3) reduced time between consumer awareness of a possible motor 
vehicle defect and industry response;
    (4) cost savings to the consumer through improved and timely 
defect-related response by the manufacturer;
    (5) reduction in the risk and incident of injuries and fatalities 
attendant with the possible safety-related motor vehicle defect;
    (6) decrease in motor vehicle property damage;
    (7) improvement in agency data-collection on potential safety 
problems in motor vehicles and motor vehicle equipment, and resultant 
decisions on whether to open an investigation; and,
    (8) cost savings to the industry by providing motor vehicle 
manufacturers with information that they may not yet have identified 
and gathered.
    The agency believes that the benefits of this proposal would be 
higher than the costs. NHTSA requests comment on the benefits described 
here, and on any additional benefits and/or ways to quantify benefits.

VIII. Compliance and Penalties

    In adding the 32302(d) requirements under MAP-21, Congress did not 
amend the existing compliance and civil penalty provisions in 49 U.S.C. 
Chapter 323; therefore, NHTSA tentatively concludes that those 
provisions apply for regulations promulgated under 32302(d).
    49 U.S.C. 32308(a) states, in relevant part, that a person commits 
a violation of Chapter 323 if that person fails to provide the 
Secretary of Transportation (by delegation, the Administrator of NHTSA) 
with information requested in carrying out Chapter 323, or fails to 
comply with the applicable regulations prescribed under Chapter 323. 
32308(b) prescribes a civil penalty of not more than $1,000 for each 
violation of 32308(a).

IX. Proposed Compliance Date

    The proposed compliance date for label and owner's manual 
requirements is the first model year that occurs more than one year 
following the publication date of a final rule implementing this 
proposal. The compliance date adheres to the provision in Section 
31306(d)(2) of MAP-21, which states that the above requirements ``shall 
apply to passenger motor vehicles manufactured in any model year 
beginning more than 1 year after the date on which a final rule is 
published.'' NHTSA believes the lead time proposed for the label may be 
necessary; however, early compliance would be encouraged. With regard 
to owner's manual information, NHTSA believes this amount of lead time 
is more than necessary. First, the agency is proposing standardized 
language. Additionally, in most cases, owner's manual information is 
developed, reviewed, and approved in an entirely digital environment, 
which significantly reduces lead time. Moreover, the agency is aware 
that some manufacturers have moved, or are in the process of moving, to 
full digital delivery of owner's manual information, where owner's 
manual information is delivered via a digital video disc (DVD) or some 
other digital format.\26\ In some of these cases, official vehicle 
manufacturer owner's manual information is available via the internet 
for reference; one manufacturer currently provides vehicle owners 
information via an electronic tablet device as the primary information 
source, with a more traditional paper version as a secondary 
method.\27\
---------------------------------------------------------------------------

    \26\ ``Chrysler Phases Out Paper Owner's Manual'' http://wheels.blogs.nytimes.com/2009/09/23/chrysler-does-away-with-paper-owners-manual/ (last accessed June 17, 2015).
    \27\ ``2012 Hyundai Equus Continues To Redefine Intelligent 
Luxury,'' http://www.hyundainews.com/us/en-us/Media/PressRelease.aspx?mediaid=32732&title=2012-hyundai-equus-continues-to-redefine-intelligent-luxury (last accessed February 5, 2016).
---------------------------------------------------------------------------

    NHTSA seeks comment on whether the proposed lead time is 
reasonable. If a commenter wishes the agency to provide additional lead 
time, NHTSA requests that the commenter provide specific explanations 
for why more lead time might be needed for which elements of the 
proposal. For example, if a commenter sought more lead time for the 
owner's manual requirements, NHTSA seeks any relevant details of the 
owner's manual publication process and associated timing, along with 
current and future media that would be used for the owner's manual 
information.

X. Public Participation

    NHTSA requests comment on all aspects of this proposed rule. This 
section describes how you can participate in this process.

A. How do I prepare and submit comments?

1. Further instructions for submitting comments to the NHTSA docket are 
described below:
    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the docket, please include the Docket 
Number NHTSA-2015-0096 in your comments. Your comments must not be more 
than 15 pages long.\28\ NHTSA established this limit to encourage you 
to write your primary comments in a concise fashion. However, you may 
attach necessary additional documents, which are not subject to the 
page limit, to your comments.
---------------------------------------------------------------------------

    \28\ 49 CFR 553.21.
---------------------------------------------------------------------------

    If you are submitting comments electronically as a PDF (Adobe) 
file, we ask that the documents submitted be scanned using the Optical 
Character Recognition (OCR) process, thus allowing the agency to search 
and copy certain portions of your submissions.\29\ Please note that 
pursuant to the Data Quality Act, in order for the substantive data to 
be relied upon and used by the agencies, it must meet the information 
quality standards set forth in the OMB and DOT Data Quality Act 
guidelines.
---------------------------------------------------------------------------

    \29\ Optical character recognition (OCR) is the process of 
converting an image of text, such as a scanned paper document or 
electronic fax file, into computer-editable text.
---------------------------------------------------------------------------

    Accordingly, we encourage you to consult the guidelines in 
preparing your comments. OMB's guidelines may be accessed at http://www.whitehouse.gov/omb/fedreg_reproducible (last accessed January 2, 
2014), and DOT's guidelines may be accessed at http://regs.dot.gov 
(last accessed January 2, 2014).
2. Tips for Preparing Your Comments
    When submitting comments, please remember to:
     Identify the rulemaking by docket numbers and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--the agencies may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
    Make sure to submit your comments by the comment period deadline 
identified in the DATES section above.

[[Page 85487]]

XI. Regulatory Notices and Analyses

A. Executive Orders 12866 and 13563

    NHTSA has considered the impact of this rulemaking action under 
Executive Orders 12866 and 13563 and the Department of Transportation's 
regulatory policies and procedures. This action is not significant and 
therefore was not subject to review by OMB under Executive Order 12866. 
The benefits and costs of this proposal are described above. Because 
the proposed rule would, if adopted, would not be economically 
significant, the agency has not prepared a separate Preliminary 
Regulatory Evaluation.

B. Regulatory Flexibility Act

    We estimate these proposed requirements would cost each small 
vehicle manufacturer approximately $0.13 per vehicle, or far less than 
1% of the cost of one of these vehicles, and would therefore not appear 
to constitute a significant economic impact. Thus, NHTSA certifies that 
this rule, if adopted, would not have a significant impact on a 
substantial number of small entities.

C. Executive Order 13132

    NHTSA does not believe that there would be sufficient federalism 
implications to warrant the preparation of a federalism assessment.

D. Executive Order 12988 (Civil Justice Reform)

    Pursuant to Executive Order 12988, ``Civil Justice Reform,'' \30\ 
NHTSA has considered whether this rulemaking would have any retroactive 
effect. This proposed rule does not have any retroactive effect.
---------------------------------------------------------------------------

    \30\ 61 FR 4729 (Feb. 7, 1996).
---------------------------------------------------------------------------

E. National Environmental Policy Act (NEPA)

    For the purposes of the National Environmental Policy Act, NHTSA 
has determined that implementation of this rulemaking action would not 
have any significant impact on the quality of the human environment.

F. Paperwork Reduction Act

    The proposed rule does not implicate any information collection 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

G. Unfunded Mandates Reform Act of 1995

    NHTSA has determined that the requirements of Title II of the 
Unfunded Mandates Reform Act of 1995 do not apply to this rulemaking.

H. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary 
consensus standards in its regulatory activities unless doing so would 
be inconsistent with applicable law (e.g., the statutory provisions 
regarding NHTSA's vehicle safety authority) or otherwise impractical. 
NHTSA has not identified any existing voluntary consensus standards 
that could be used for this proposal.

I. Plain Language

    Executive Orders 12866 and 13563 require each agency to write all 
rules in plain language. Application of the principles of plain 
language includes consideration of the following questions:
     Have we organized the material to suit the public's needs?
     Are the requirements in the rule clearly stated?
     Does the rule contain technical language or jargon that is 
not clear?
     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?

If you have any responses to these questions, please include them in 
your comments on this proposal.

J. Privacy Act

    Anyone is able to search the electronic form for all comments 
received into any of our dockets by the name of the individual 
submitting the comments (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). For more information 
on DOT's implementation of the Privacy Act, please visit: http://www.dot.gov/privacy. You may review DOT's complete Privacy Act 
statement in the Federal Register published on April 11, 2000 (Volume 
65, Number 70; Pages 19477-78).

List of Subjects in 49 CFR Part 575

    Consumer protection, Motor vehicle safety, Reporting and 
recordkeeping requirements, Tires.

Proposed Regulatory Text

    For the foregoing reasons, NHTSA proposes to amend 49 CFR part 575 
as follows:

PART 575--CONSUMER INFORMATION

0
1. The authority citation for part 575 is revised to read as follows:

    Authority:  49 U.S.C. 32302, 32304A, 30111, 30115, 30117, 30123, 
30166, 30181, 30182, 30183, and 32908, Pub. L. 104-414, 114 Stat. 
1800, Pub. L. 109-59, 119 Stat. 1144, Pub. L. 110-140, 121 Stat. 
1492, Pub. L. 112-141, 126 Stat. 405, 15 U.S.C. 1232(g); delegation 
of authority at 49 CFR 1.95.
0
2. Amend Sec.  575.6 by removing paragraph (a)(2) and redesignating 
paragraphs (a)(3) through (5) as paragraphs (a)(2) through (4).
0
3. Add Subpart F to read as follows:

Subpart F--Moving Ahead for Progress in the 21st Century Act; 
Consumer Information

    Authority:  49 U.S.C. 30101 et. seq., Sec. 31306, Pub. L. 112-
141, 126 Stat. 405, delegation of authority at 49 CFR 1.95.


Sec.  575.501   Safety defect reporting

    (a) Purpose and scope. This section requires manufacturers of 
passenger motor vehicles to affix a label that describes the process 
for submitting a complaint about a safety-related motor vehicle defect 
to the National Highway Traffic Safety Administration. This section 
also requires manufacturers to include the same information in the 
owner's manual.
    (b) Application. This section applies to passenger motor vehicles 
under 10,000 lbs GVWR.
    (c) Required information-- (1) Label. (i) Each passenger motor 
vehicle must have a label permanently affixed to the passenger's sun 
visor. The label must not appear on the same side of the sun visor to 
which the sun visor air bag warning label is affixed, as required by 
S4.5.1(b)(5) of 49 CFR 571.208. The label must conform in content, 
form, and sequence to the label shown in Figure 1 of this section, and 
must comply with the following requirements:
    (A) The title must be in a bold black text.
    (B) The message area must have a white background and black text.
    (C) The pictograms must be black with a white background.
    (D) The label must be appropriately sized so that it is legible, 
visible, and prominent to the driver.
    (ii) When the safety defect reporting label required by paragraph 
(c)(1)(i) of this section and the air bag alert label required by 
S4.5.1(c) of 49 CFR 571.208 are affixed to the same side of the 
passenger's sun visor, the pictogram of the air bag alert label must be 
separated

[[Page 85488]]

from the pictograms of the safety defect reporting label by text and:
    (A) The labels must be located such that the shortest distance from 
any of the lettering or graphics on the safety defect reporting label 
to any of the lettering or graphics on the air bag alert label is not 
less than 3 cm, or
    (B) If the safety defect reporting and air bag alert labels are 
each surrounded by a continuous solid-lined border, the shortest 
distance from the border of the safety defect reporting label to the 
border of the air bag alert label must be not less than 1 cm.
    (iii) At the option of the manufacturer, the requirement in 
paragraph (c)(1)(i) of this section for a permanently affixed label may 
instead be met by permanent marking and molding of the required 
information onto the specified location.
    (2) Owner's Manual. (i) The manufacturer of each passenger motor 
vehicle must provide to the purchaser, in writing in the English 
language and not less than 10 point type, the following statement in 
the owner's manual, or, if there is no owner's manual or the owner's 
manual is electronic, on a one-page document:
    If you believe that your vehicle has a defect which could cause a 
crash or could cause injury or death, you should immediately inform the 
National Highway Traffic Safety Administration (NHTSA) in addition to 
notifying [INSERT NAME OF MANUFACTURER]. To contact NHTSA, you may call 
the Vehicle Safety Hotline toll-free at 1-888-327-4236 (TTY: 1-800-424-
9153); go to http://www.safercar.gov; download the SaferCar mobile 
application; or write to: Administrator, NHTSA, 1200 New Jersey Ave. 
SE., Washington, DC 20590. You can also obtain other information about 
motor vehicle safety from http://www.safercar.gov.
    If NHTSA receives similar complaints, it may open an investigation, 
and if it finds that a safety defect exists in a group of vehicles, it 
may order a recall and remedy campaign. However, NHTSA cannot become 
involved in individual problems between you, your dealer, or [INSERT 
NAME OF MANUFACTURER].
    (ii) The manufacturer must specify in the table of contents of the 
owner's manual the location of the statement required in paragraph 
(c)(2)(i). The heading in the table of contents must state ``Reporting 
Safety Defects.''
[GRAPHIC] [TIFF OMITTED] TP28NO16.008


    Issued in Washington, DC.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2016-28125 Filed 11-25-16; 8:45 am]
 BILLING CODE 4910-59-P



                                                    85478                Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules

                                                    believe that any State, local, or Tribal                J. Executive Order 12898: Federal                      DEPARTMENT OF TRANSPORTATION
                                                    government would be impacted by this                    Actions To Address Environmental
                                                    rulemaking. As such, the requirements                   Justice in Minority Populations and                    National Highway Traffic Safety
                                                    of sections 202, 203, 204, or 205 of                    Low-Income Populations                                 Administration
                                                    UMRA, 2 U.S.C. 1531–1538, do not
                                                    apply to this action.                                     This action will not have                            49 CFR Part 575
                                                                                                            disproportionately high and adverse
                                                    E. Executive Order 13132: Federalism                                                                           [NHTSA–2015–0096]
                                                                                                            human health or environmental effects
                                                                                                            on minority or low-income populations                  RIN 2127–AL33
                                                      This action will not have federalism
                                                    implications as specified in Executive                  as specified in Executive Order 12898
                                                                                                                                                                   Vehicle Defect Reporting
                                                    Order 13132 (64 FR 43255, August 10,                    (59 FR 7629, February 16, 1994). This
                                                                                                                                                                   Requirements
                                                    1999), because it will not have                         action does not affect the level of
                                                    substantial direct effect on States, on the             protection provided to human health or                 AGENCY: National Highway Traffic
                                                    relationship between the national                       the environment.                                       Safety Administration (NHTSA),
                                                    government and the States, or on the                                                                           Department of Transportation (DOT).
                                                                                                            List of Subjects in 40 CFR Part 721
                                                    distribution of power and                                                                                      ACTION: Notice of proposed rulemaking
                                                    responsibilities among the various                        Environmental protection, Chemicals,                 (NPRM).
                                                    levels of government.                                   Hazardous substances, Reporting and
                                                                                                                                                                   SUMMARY:   NHTSA is proposing to
                                                    F. Executive Order 13175: Consultation                  recordkeeping requirements.
                                                                                                                                                                   require placing a label on the passenger
                                                    and Coordination With Indian Tribal                       Dated: November 14, 2016.                            side sun visor of light-duty vehicles that
                                                    Governments                                             Jeffery T. Morris,                                     provides information about how to
                                                                                                            Acting Director, Office of Pollution Prevention        submit a safety-related motor vehicle
                                                       This action does not have tribal
                                                                                                            and Toxics.                                            defect complaint to NHTSA. This
                                                    implications as specified in Executive
                                                                                                                                                                   rulemaking also proposes updating the
                                                    Order 13175 (65 FR 67249, November 9,
                                                                                                              Therefore, it is proposed that 40 CFR                required information in 49 CFR 575.6
                                                    2000), because it will not have any
                                                                                                            chapter I be amended as follows:                       for defect reporting information in
                                                    effect on tribal governments, on the
                                                                                                                                                                   owner’s manuals through the addition
                                                    relationship between the Federal
                                                                                                            PART 721—[AMENDED]                                     of the text developed for this proposal.
                                                    Government and the Indian tribes, or on
                                                                                                                                                                   This proposal responds to the mandate
                                                    the distribution of power and
                                                                                                            ■ 1. The authority citation for part 721               in the Moving Ahead for Progress in the
                                                    responsibilities between the Federal
                                                                                                            continues to read as follows:                          21st Century Act of 2012 (MAP–21) that
                                                    Government and Indian tribes.
                                                                                                                                                                   manufacturers be required to affix, in
                                                                                                              Authority: 15 U.S.C. 2604, 2607, and
                                                    G. Executive Order 13045: Protection of                                                                        the glove compartment or in another
                                                                                                            2625(c).
                                                    Children From Environmental Health                                                                             readily accessible location on the
                                                    Risks and Safety Risks                                  ■ 2. Add § 721.10925 to subpart E to                   vehicle, a sticker, decal, or other device
                                                                                                            read as follows:                                       that provides, in simple and
                                                       This action is not subject to Executive                                                                     understandable language, information
                                                    Order 13045 (62 FR 19885, April 23,                     § 721.10925       Alkylpyrrolidones.                   about how to submit a safety-related
                                                    1997), because this action does not                                                                            motor vehicle defect complaint to
                                                    address environmental health or safety                    (a) Chemical substance and
                                                                                                                                                                   NHTSA; and prominently print the
                                                    risks, and EPA interprets Executive                     significant new uses subject to reporting.
                                                                                                                                                                   information described above within the
                                                    Order 13045 as applying only to those                   (1) The chemical substances N-
                                                                                                                                                                   owner’s manual.
                                                    regulatory actions that concern                         ethylpyrrolidone (CASRN 2687–91–4)
                                                                                                                                                                   DATES: Comments must be received on
                                                    environmental health or safety risks that               and N-isopropylpyrrolidone (CASRN
                                                                                                                                                                   or before January 27, 2017. See the
                                                    EPA has reason to believe may                           3772–26–7) are subject to reporting
                                                                                                                                                                   SUPPLEMENTARY INFORMATION section on
                                                    disproportionately affect children, per                 under this section for the significant
                                                                                                                                                                   ‘‘Public Participation’’ for more
                                                    the definition of ‘‘covered regulatory                  new uses described in paragraph (a)(2)
                                                                                                                                                                   information about written comments.
                                                    action’’ in section 2–202 of the                        of this section.
                                                    Executive Order.                                                                                               ADDRESSES: You may submit your
                                                                                                              (2) The significant new uses are:                    comments, identified by Docket ID No.
                                                    H. Executive Order 13211: Actions                         (i) For N-ethylpyrrolidone (CASRN                    NHTSA–2015–0096, by any of the
                                                    Concerning Regulations That                             2687–91–4), any use except for use as                  following methods:
                                                    Significantly Affect Energy Supply,                     reactant and in silicone seal remover,                    • http://www.regulations.gov: Follow
                                                    Distribution, or Use                                    coatings, consumer and commercial                      the online instructions for submitting
                                                                                                            paint primer, and adhesives.                           comments.
                                                      This action is not a ‘‘significant                                                                              • Fax: NHTSA: (202) 493–2251.
                                                    energy action’’ as defined in Executive                   (ii) For N-isopropylpyrrolidone                         • Mail:
                                                    Order 13211 (66 FR 28355, May 22,                       (CASRN 3772–26–7), any use.                               Æ Docket Management Facility, M–30,
                                                    2001), because it is not likely to have                   (b) [Reserved]                                       U.S. Department of Transportation, 1200
                                                    any effect on energy supply,                                                                                   New Jersey Avenue SE., West Building,
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                                                                                                            [FR Doc. 2016–28565 Filed 11–25–16; 8:45 am]
                                                    distribution, or use.                                                                                          Ground Floor, Rm. W12–140,
                                                                                                            BILLING CODE 6560–50–P
                                                    I. National Technology Transfer and                                                                            Washington, DC 20590, Attention
                                                    Advancement Act (NTTAA)                                                                                        Docket ID No. NHTSA–2015–0096.
                                                                                                                                                                      • Hand Delivery:
                                                      This rulemaking does not involve any                                                                            Æ Department of Transportation, 1200
                                                    technical standards, and is therefore not                                                                      New Jersey Avenue SE., West Building,
                                                    subject to considerations under section                                                                        Ground Floor, Rm. W12–140,
                                                    12(d) of NTTAA, 15 U.S.C.272 note.                                                                             Washington, DC 20590, Attention


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                                                                         Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules                                           85479

                                                    Docket ID No. NHTSA–2015–0096                           IV. Alternatives Considered and Proposed for          II. Statutory Mandate
                                                    between 9 a.m. and 5 p.m. Eastern Time,                      the Label
                                                                                                                                                                     The Moving Ahead for Progress in the
                                                    Monday through Friday, except federal                   V. Alternatives Considered and Proposed for
                                                                                                                                                                  21st Century Act of 2012 (MAP–21) 1
                                                    holidays.                                                    the Owner’s Manual Information
                                                                                                                                                                  requires that NHTSA develop a rule to
                                                       Instructions: Regardless of how you                  VI. Costs
                                                                                                                                                                  provide consumers with information, in
                                                    submit comments, you should mention                     VII. Benefits
                                                                                                            VIII. Enforcement and Compliance
                                                                                                                                                                  simple and understandable language, on
                                                    Docket ID No. NHTSA–2015–0096 or                                                                              how to submit a safety-related motor
                                                    the Regulatory Identification Number                    IX. Proposed Compliance Date
                                                                                                            X. Public Participation                               vehicle defect complaint to NHTSA.
                                                    (RIN) for this rulemaking. You may call                                                                       This information is to be placed on a
                                                    the Docket Management Facility at 202–                  XI. Regulatory Notices and Analyses
                                                                                                            XII. Proposed Regulatory Text                         sticker, decal or other device affixed to
                                                    366–9826. For detailed instructions on                                                                        each new vehicle and printed within the
                                                    submitting comments and additional                      I. Executive Summary                                  owner’s manual.
                                                    information on the rulemaking process,                                                                           Section 31306 of MAP–21 amended
                                                    see the Public Participation heading of                    This rulemaking proposes to require                section 32302(d) of Chapter 323, Title
                                                    the SUPPLEMENTARY INFORMATION section                   placing a sticker, decal, or other device             49, of the United States Code (U.S.C.).
                                                    of this document. Note that all                         that provides, in simple and                          Chapter 323 codifies consumer
                                                    comments received will be posted,                       understandable language, information                  information requirements initially
                                                    except as noted below, without change                   about how to submit a safety-related                  established by the Motor Vehicle
                                                    to http://www.regulations.gov, including                motor vehicle defect complaint to                     Information and Cost Savings Act of
                                                    any personal information provided.                      NHTSA on the passenger side sun visor.                1972 (Pub. L. 92–513). Section 31306 of
                                                       Docket: All documents in the dockets                 The agency believes that the sun visor                MAP–21 requires that NHTSA develop
                                                    are listed in the http://                               is not only the most accessible of the                a rulemaking to require passenger motor
                                                    www.regulations.gov index. Although                     locations considered, but also it is the              vehicle manufacturers (1) to affix, in the
                                                    listed in the index, some information is                most prominent location, which would                  glove compartment or in another readily
                                                    not publicly available, e.g., confidential              allow for the most informational benefit              accessible location on the vehicle, a
                                                    business information (CBI) or other                     to consumers. This rulemaking also                    sticker, decal, or other device that
                                                    information whose disclosure is                                                                               provides, in simple and understandable
                                                                                                            proposes updating the defect reporting
                                                    restricted by statute. Publicly available                                                                     language, information about how to
                                                                                                            information manufactures are required
                                                    docket materials are available either                                                                         submit a safety-related motor vehicle
                                                    electronically in http://                               to include in owner’s manuals. This
                                                                                                            rulemaking proposes to move the                       defect complaint to NHTSA; and (2) to
                                                    www.regulations.gov or in hard copy at                                                                        prominently print the information
                                                    the Docket Management Facility, M–30,                   requirement to a different section of the
                                                                                                            CFR.                                                  described above by placing the text in
                                                    U.S. Department of Transportation, 1200                                                                       Bold letters within the owner’s manual.
                                                    New Jersey Avenue SE., West Building,                      The benefits of the proposed rule,                 Section 31306 specifies that the above
                                                    Ground Floor, Rm. W12–140,                              although not quantifiable, are                        information must not be placed on the
                                                    Washington, DC 20590. The Docket                        anticipated to include: (1) improved                  label required under section 3 of the
                                                    Management Facility is open between 9                   messaging and information to                          Automobile Information Disclosure Act
                                                    a.m. and 5 p.m. Eastern Time, Monday                    consumers on how to submit a safety-                  (15 U.S.C. 1232).
                                                    through Friday, except federal holidays.                related motor vehicle defect complaint                   The agency has interpreted Section
                                                       Privacy Act: Anyone is able to search                to NHTSA; (2) increased consumer                      31306 as directing DOT (by delegation,
                                                    the electronic form of all comments                     involvement in the motor vehicle defect               NHTSA) to determine a readily
                                                    received in any of our dockets by the                   reporting process; (3) reduced time                   accessible location in a passenger motor
                                                    name of the individual submitting the                   between consumer awareness of a                       vehicle for the required information to
                                                    comment (or signing the comment, if                     possible motor vehicle defect and                     be affixed (considering the glove
                                                    submitted on behalf of an association,                  industry response; (4) cost savings to the            compartment as one option), and to
                                                    business, labor union, etc.). You may                   consumer through improved and timely                  ensure that the information is conveyed
                                                    review DOT’s complete Privacy Act                       defect-related response by the                        in simple and understandable language
                                                    Statement in the Federal Register                       manufacturer; (5) reduction in the risk               via a sticker, decal, or other device.
                                                    published on April 11, 2000 (65 FR                      and incidence of injuries and fatalities              NHTSA believes that the determinations
                                                    19477–78) or you may visit http://                      attendant with the possible safety-                   of whether to require (1) a particular
                                                    www.dot.gov/privacy.html.                               related motor vehicle defect; (6)                     location for the sticker, decal, or other
                                                    FOR FURTHER INFORMATION CONTACT: For                    decreased motor vehicle property                      device, (2) specified language to be used
                                                    technical issues: Hisham Mohamed,                       damage; (7) improvement in agency                     by all manufacturers, or (3) a particular
                                                    National Highway Traffic Safety                         data-collection on potential safety                   location for the information in the
                                                    Administration, 1200 New Jersey                         problems in motor vehicles and motor                  owner’s manual, are left to the agency’s
                                                    Avenue SE., Washington, DC 20590.                       vehicle equipment, and resultant                      discretion. We have interpreted the
                                                    Telephone: (202) 366–0307.                              decisions on whether to open an                       terms ‘‘sticker, decal, or other device,’’
                                                       For legal issues: Ryan Hagen, National                                                                     to be various forms of the term ‘‘label.’’
                                                                                                            investigation; and, (8) cost savings to the
                                                    Highway Traffic Safety Administration,                                                                        Thus, we use the term ‘‘label’’
                                                                                                            industry by providing motor vehicle
                                                    1200 New Jersey Avenue SE.,                                                                                   throughout this proposal to refer to the
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                                                                                                            manufacturers with information that
                                                    Washington, DC 20590. Telephone:                                                                              various ways a manufacturer could
                                                                                                            they may not yet have identified and                  place the required information on the
                                                    (202) 366–2992.
                                                                                                            gathered. While NHTSA believes that                   vehicle. We believe this could be
                                                    SUPPLEMENTARY INFORMATION:                              the benefits of this proposed rule would              fulfilled either through an adhesive
                                                    Table of Contents                                       outweigh the costs, NHTSA notes that                  method, such as a label generally refers
                                                                                                            this rulemaking is required by statute                to, or through a printing method, where
                                                    I. Executive Summary
                                                    II. Statutory Mandate                                   and the agency is not required to
                                                    III. Background                                         determine that it is cost-beneficial.                   1 Public   Law 112–141.



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                                                    85480                Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules

                                                    text would be directly applied to a                     required to remedy the problem at no                       If a consumer thinks that his/her
                                                    surface.                                                charge to the owner. NHTSA monitors                     vehicle or equipment may have a safety-
                                                      This rulemaking satisfies this                        the manufacturer’s corrective action to                 related defect, reporting it to NHTSA is
                                                    mandate by proposing to require                         ensure successful completion of the                     an important first step to take to get the
                                                    manufacturers to place a label on the                   recall campaign. Since the passage of                   situation remedied and help make the
                                                    passenger side sun visor that provides                  the Vehicle Safety Act,7 605 million                    nation’s roads safer. If the agency
                                                    concise information on how to submit a                  cars, trucks, buses, recreational vehicles,             receives similar reports from a number
                                                    safety-related defect complaint to                      motorcycles, and mopeds, as well as                     of consumers about the same product,
                                                    NHTSA. This rulemaking also proposes                    nearly 59 million tires, 91 million items               this could indicate that a safety-related
                                                    to require manufacturers to print the                   of motor vehicle equipment, and 60
                                                                                                                                                                    defect exists that could warrant the
                                                    same information in the owner’s                         million child safety seats have been
                                                                                                                                                                    opening of an investigation. However,
                                                    manual.                                                 recalled to correct safety defects.8
                                                                                                              To obtain information about potential                 an analysis of one complaint may also
                                                    III. Background                                         safety defects in vehicles and                          lead to an investigation depending on
                                                       Motor vehicle safety is defined as ‘‘the             equipment, NHTSA’s Office of Defects                    the type of defect that is reported. In
                                                    performance of a motor vehicle or motor                 Investigation (ODI) receives data from a                order to make it convenient for
                                                    vehicle equipment in a way that                         variety of sources including vehicle and                consumers to report any suspected
                                                    protects the public against unreasonable                equipment manufacturers, dealers, and                   safety-related defects to NHTSA, the
                                                    risk of accidents occurring because of                  consumer advocacy groups and forums.                    agency offers three ways to file such
                                                    the design, construction, or performance                However, ODI relies heavily on                          complaints.
                                                    of a motor vehicle, and against                         information received from consumers
                                                                                                            who experience issues with their                        Vehicle Safety Hotline
                                                    unreasonable risk of death or injury in
                                                    an accident, and includes non-                          vehicles and equipment. ODI receives,                      NHTSA operates the United States
                                                    operational safety of a motor vehicle.’’ 2              on average, between 40,000 and 50,000                   Department of Transportation’s Vehicle
                                                    A defect includes ‘‘any defect in                       complaints from consumers each year.                    Safety Hotline telephone service to
                                                    performance, construction, a                                                                                    collect accurate and timely information
                                                    component, or material of a motor                       30118(c), the remedy shall be without charge when
                                                                                                                                                                    from consumers on vehicle safety
                                                    vehicle or motor vehicle equipment.’’ 3                 the vehicle or equipment is presented for remedy.
                                                                                                            NHTSA regulations at 49 CFR part 573 ‘‘Defects and      problems. Consumers can call 1–888–
                                                    Generally, a safety defect is defined as                noncompliance responsibility and reports,’’ and         327–4236 or 1–800–424–9393 toll-free
                                                    a problem that exists in a motor vehicle                Part 577 ‘‘Defects and noncompliance notification’’
                                                    or item of motor vehicle equipment that                 implement these statutory requirements.                 from anywhere in the United States,
                                                    poses an unreasonable risk to motor                        Pursuant to 49 U.S.C. 30165, a manufacturer who      Puerto Rico, and the Virgin Islands to
                                                    vehicle safety, and may exist in a group
                                                                                                            violates any of the above-mentioned statutory or        register complaints or receive recall
                                                                                                            regulatory provisions is liable to the Government
                                                    of vehicles of the same design or                       for a civil penalty. Until 1997 the maximum civil
                                                                                                                                                                    information about a vehicle. The
                                                    manufacture, or items of equipment of                   penalty was $1,000 per violation up to a maximum        Hotline also has Spanish-speaking
                                                    the same type and manufacture.                          of $800,000 for a related series of violations. By a    representatives and offers a dedicated
                                                                                                            separate statutorily mandated regulation, since 1997    number, 1–800–424–9153, for use by
                                                       The National Traffic and Motor                       NHTSA has adjusted the § 30165 civil penalties
                                                    Vehicle Safety Act of 1966 4 (the Vehicle               upward for inflation. 49 CFR part 578. The              persons with hearing impairments.
                                                    Safety Act) granted NHTSA the                           Transportation Recall Enhancement,                         When a consumer calls the Hotline to
                                                    authority to investigate defects and to                 Accountability, and Documentation (TREAD) Act,
                                                                                                            (Pub. L. 106–414), enacted in 2000 in light of the      report a vehicle-related safety issue, the
                                                    determine whether a defect exists. If a                 Firestone/Ford controversy, amended the Safety Act      consumer is asked to provide certain
                                                    safety defect is discovered, the                        by, inter alia, raising those maximum civil penalties   critical information that NHTSA
                                                    manufacturer must notify NHTSA, as                      to $5,000 per violation and $15,000,000 for a related
                                                                                                            series of violations, and added criminal penalties      technical staff needs to evaluate the
                                                    well as vehicle or equipment owners,                    (49 U.S.C. 30170) for violations of reporting           problem.9 The information that the
                                                    dealers, and distributors. If NHTSA                     requirements. MAP–21, enacted in 2012, increased        consumer provides is filed on a Vehicle
                                                    determines that a defect creates an                     the maximum civil penalty for a related series of
                                                                                                            violations to $35,000,000. The Fixing America’s         Owner’s Questionnaire (VOQ) form,
                                                    unreasonable safety risk, the agency
                                                                                                            Surface Transportation Act (FAST Act), Public Law       entered into the agency’s consumer-
                                                    may require a manufacturer to notify                    114–94 (Dec. 4, 2015), increased maximum civil
                                                    consumers, remedy a defect or issue a                                                                           complaint database, and forwarded to
                                                                                                            penalties to $21,000 per violation and $105,000,000
                                                    recall.5 6 The manufacturer is then                     for a related series of violations. The increases in
                                                                                                                                                                    NHTSA technical staff for evaluation.
                                                                                                            maximum civil penalties in the FAST Act become          VOQs filed through the Hotline are
                                                      2 49 U.S.C. 30101(a)(8).
                                                                                                            effective on the date on which the Secretary of         mailed to consumers for verification of
                                                                                                            Transportation certifies that NHTSA has completed
                                                      3 49 U.S.C. 30101(a)(2).                              a rulemaking to provide an interpretation of the
                                                                                                                                                                    data. In addition, consumers receive an
                                                      4 Codified at 15 U.S.C. 1381 et seq. and recodified
                                                                                                            penalty factors in 49 U.S.C. 30165. The higher civil    explanation of how their questionnaire
                                                    in 1994 as Chapter 30, Title 49, of the United States   penalty maximums in the Part 578, MAP–21, and           will be used. NHTSA may provide
                                                    Code.                                                   the FAST Act amendments are not retroactive to
                                                      5 A manufacturer of a motor vehicle or motor
                                                                                                                                                                    information from the questionnaire to
                                                                                                            violations that occurred before their enactments.
                                                    vehicle equipment is required by 49 U.S.C. 30118(c)        6 Under the 1974 amendments to the Motor             the vehicle manufacturer.
                                                    to notify the Secretary by certified mail, and the      Vehicle Safety Act, Congress gave NHTSA broad
                                                    owners, purchasers, and dealers of the vehicle or       new power to enforce recall decisions. These              9 The Privacy Act of 1974—Public Law 93–579,
                                                    equipment as provided in section 30119(d) of this       included new reporting requirements, increased          As Amended: This information is requested
                                                    section, if the manufacturer—                           penalties for noncompliance, and subpoena and           pursuant to the authority vested in the National
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                                                      (1) learns the vehicle or equipment contains a        plant inspection authority.                             Highway Traffic Safety Act and subsequent
                                                    defect and decides in good faith that the defect is        7 During the period 1966 to 2014.
                                                                                                                                                                    amendments. Consumers are under no obligation to
                                                    related to motor vehicle safety; or                        8 2014 Recall Annual Report—NHTSA. See report        respond to this questionnaire. Consumer response
                                                      (2) decides in good faith that the vehicle or         at http://www.safercar.gov/staticfiles/safercar/pdf/    may be used to assist NHTSA in determining
                                                    equipment does not comply with an applicable            2014-annual-recalls-report.pdf (last accessed           whether a manufacturer should take appropriate
                                                    motor vehicle safety standard prescribed under this     September 18, 2015). This data includes recalls that    action to correct a safety defect. If NHTSA proceeds
                                                    chapter.                                                take place because the vehicles and equipment do        with administration enforcement or litigation
                                                      Section 30119(d) provides notification                not meet the requirements of applicable safety          against a manufacturer, consumer response, or
                                                    procedures. Section 30120(a) of 49 U.S.C. provides      standards set by NHTSA. Manufacturers voluntarily       statistical summary thereof, may be used in support
                                                    that when notification is required under section        initiate most recalls.                                  of the agency’s action.



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                                                                         Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules                                                85481

                                                    Safercar.gov                                            Department of Transportation, National                is likely to be practicable and the
                                                      Consumers can also report a vehicle                   Highway Traffic Safety Administration,                information displayed likely to be
                                                    safety issue to NHTSA online at its                     Office of Defects Investigation (NEF–                 accessible to a consumer. The five
                                                    vehicle safety Web site:                                100), 1200 New Jersey Avenue SE.,                     options thus considered in this proposal
                                                    www.safercar.gov. The consumer can                      Washington, DC 20590.                                 are: (1) the passenger’s sun visor; (2) the
                                                    select ‘‘Report Safety Problems’’ within                   The currently required text also does              glove compartment; (3) the edge of the
                                                    the Vehicle Owners section of the home                  not advise vehicle users of the ability to            driver’s door; (4) the driver’s side B-
                                                    page. The information that a consumer                   file a complaint on the safercar.org Web              pillar, and (5) the headliner above the
                                                    submits via the Web site is recorded in                 site, or through the new safercar.gov                 sun visor. Section 31306 of MAP–21
                                                    VOQ format, entered into NHTSA’s                        mobile application.                                   (‘‘. . . affix, in the glove compartment
                                                    consumer complaint database, and                        IV. Alternatives Considered and                       or in another readily accessible location
                                                    provided to NHTSA technical staff for                   Proposed for the Label                                on the vehicle . . .’’) appears to suggest
                                                    evaluation. NHTSA may provide                                                                                 that the glove compartment may be the
                                                                                                               NHTSA first considered whether to                  best location for the label, however, the
                                                    information from the questionnaire to                   require a particular location for the label
                                                    the vehicle manufacturer.                                                                                     selection of the location is left to the
                                                                                                            containing defect reporting language, or              agency’s discretion.
                                                    U.S. Mail                                               whether to leave the location up to the                  Merriam-Webster dictionary defines
                                                                                                            manufacturer’s discretion. Section                    ‘‘accessible’’ as ‘‘capable of being
                                                      A consumer can also report a defect
                                                                                                            31306 does not specify whether the                    reached, easy to communicate, capable
                                                    by sending a letter to the agency via U.S.
                                                                                                            determination of location is to be made               of being influenced, capable of being
                                                    mail.
                                                                                                            by the agency or the manufacturer.                    used or seen, or capable of being
                                                    SaferCar Mobile Application                             NHTSA acknowledges that differing                     understood or appreciated.’’ 12 NHTSA
                                                       In March 2013, NHTSA launched its                    vehicles designs may mean that the                    notes that while Section 31306 does not
                                                    SaferCar mobile application that allows                 most accessible location for a label in a             mandate that the required location be
                                                    consumers to access important vehicle                   particular vehicle also differs. We also              determined to be the most accessible of
                                                    safety information from their mobile                    considered that there may be benefits to              all the options, Congress appears to
                                                    devices.10 To report a safety complaint                 providing flexibility to manufacturers                have given the accessibility of the
                                                    to NHTSA through the SaferCar mobile                    by allowing them to make the location                 information the highest priority of
                                                    application, a consumer who has a                       determination. The agency believes that               potential factors. The agency notes that
                                                    smart phone or a tablet can download                    increased compliance flexibility often                in the context of placing displays of
                                                    the SaferCar application for free, scan in              has the potential to lower costs while                information, the prominence of the
                                                    their vehicle identification number, and                preserving manufacturer ability to                    placement directly influences the degree
                                                    follow instructions to submit their                     design to consumer preferences. In this               to which the information can be seen,
                                                    complaint. The information collected                    case, however, the benefits to increased              and thus the degree to which the
                                                    through this mobile application is                      manufacturer flexibility are believed to              language can communicate and be
                                                                                                            be minimal. The base estimated costs of               understood. Prominence is thus an
                                                    similar to that which is collected online
                                                                                                            implementing this proposal are believed               important element of accessibility when
                                                    at SaferCar.gov.
                                                       Manufacturers are currently required                 to be low, and the agency does not                    considering where to put a label.
                                                    to include the following text in all                    believe that additional flexibility would             Therefore, NHTSA first focused its
                                                    passenger vehicle owner’s manuals: 11                   be able to provide any significant                    analysis on which prominent locations
                                                                                                            further cost savings. In addition, the                inside the vehicle could display
                                                      If you believe that your vehicle has a defect         purpose of requiring such a label is to
                                                    which could cause a crash or could cause                                                                      information that would then be highly
                                                                                                            ensure that consumers encounter the                   accessible to (i.e., reachable by) vehicle
                                                    injury or death, you should immediately
                                                    inform the National Highway Traffic Safety              information; to the extent that a                     users.
                                                    Administration (NHTSA) in addition to                   manufacturer seeks to ‘‘blend’’ the label                First, NHTSA considered the glove
                                                    notifying [INSERT NAME OF                               into preexisting vehicle designs, we                  compartment for prominence and
                                                    MANUFACTURER].                                          believe this may detract from the                     accessibility, as this location was
                                                      If NHTSA receives similar complaints, it              purpose of the requirement.
                                                    may open an investigation, and if it finds                                                                    specifically suggested by Congress. We
                                                                                                               On the other hand, we believe a                    believe this location may have been
                                                    that a safety defect exists in a group of               standardized location for defect
                                                    vehicles, it may order a recall and remedy                                                                    suggested because of the common
                                                                                                            reporting information would best                      practice of storing documents such as
                                                    campaign. However, NHTSA cannot become
                                                    involved in individual problems between                 further the purpose of Section 31306 by               the vehicle owner’s manual,
                                                    you, your dealer, or [INSERT NAME OF                    increasing the accessibility of the                   registration, and insurance information,
                                                    MANUFACTURER].                                          information through repeat consumer                   which a driver is likely to reference in
                                                      To contact NHTSA, you may call the                    exposure and expectations. We                         the event of an accident or problem with
                                                    Vehicle Safety Hotline toll-free at 1–888–327–          anticipate that once the consumer has
                                                    4236 (TTY: 1–800–424–9153); go to http://                                                                     the vehicle. In addition, glove
                                                                                                            encountered the information in a                      compartments face the vehicle
                                                    www.safercar.gov; or write to: Administrator,           particular vehicle location, he or she
                                                    NHTSA, 400 Seventh Street, SW.,                                                                               occupants and are generally within a
                                                    Washington, DC 20590. You can also obtain               would be more likely to associate the                 few feet of eye level, which may make
                                                    other information about motor vehicle safety            information with the location and be                  information displayed within one more
                                                                                                            able to access it again at a point when
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                                                    from http://www.safercar.gov.                                                                                 prominent than it would be in locations
                                                                                                            it is sought (such as after a safety                  that are behind or to side of occupants,
                                                      NHTSA notes that this required text
                                                                                                            incident has occurred or a defect                     or further from eye level.
                                                    uses an outdated mailing address. The
                                                                                                            suspected). Therefore, we are proposing                  However, the agency believes that the
                                                    correct mailing address is: U.S.
                                                                                                            to require a particular location for                  variety in current designs of glove
                                                      10 The current SaferCar mobile application is
                                                                                                            placement of the language by all
                                                    available for the iOS and Android mobile operating      manufacturers.                                           12 Merriam-Webster Online—http://
                                                    systems.                                                   NHTSA identified five locations on a               www.merriam-webster.com/dictionary/accessible
                                                      11 49 CFR 575.6.                                      vehicle where the placement of a label                (last accessed January 23, 2013).



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                                                    85482                Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules

                                                    compartments may impact the degree of                   the need to wear seat belts may appear                      Finally, NHTSA considered the
                                                    accessibility and prominence of                         anywhere on sun visors.15                                headliner above the sun visor. Like the
                                                    information displayed within them. For                     NHTSA considered that the label for                   sun visor, the headliner is a relatively
                                                    example, we are aware of some designs                   information on how to contact NHTSA                      accessible and prominent location,
                                                    that open on a simple hinge, similar to                 with a vehicle safety defect complaint                   being in front of the vehicle occupants
                                                    an envelope drop box, and others that                   could be affixed on the passenger’s sun                  and not far from eye level. A label on
                                                    open on a hinge that drops the                          visor on the opposite side from the air                  either the headliner or the ‘‘back’’ side
                                                    compartment down below the                              bag warning label, which would allow                     of the visor would only be visible when
                                                    dashboard. After consideration of the                   for sufficient separation of the two                     the visor was in the ‘‘open’’ (not stowed)
                                                    surface areas available for placement of                labels. As each label would contain                      position. As the headliner currently
                                                    a label within different glove                          concise information, we believe that                     does not contain labels, a potential
                                                    compartment designs, we are concerned                   such separation from the pictogram of                    benefit to using this space for the defect
                                                    the variation in designs may make                       the air bag label would be sufficient to                 label would be to avoid any confusion
                                                    placement of a label inside the glove                   ensure that both labels display                          or crowding of information.18 The
                                                    compartment more visible on some                        information prominently. We note that                    ability to require the label on the
                                                    vehicles than others. Not all glove                     a similar setup exists on the driver side                driver’s side headliner, as opposed to
                                                    compartments appear to offer a                          sun visor of utility vehicles, which bears               the passenger’s side sun visor may carry
                                                    prominent surface area on which to                      either the air bag label on one side and                 additional accessibility benefits by
                                                    place a label with detailed reporting                   the rollover warning label on the other                  bringing the information closer to the
                                                    information. Additionally, we believe                   side of the visor, or both labels on the                 driver, who is more likely to need or use
                                                    that consistency in visibility of the label             same side. The agency is not aware of                    the information.
                                                    across model types may make it more                                                                                 However, a label on the back side of
                                                                                                            any negative impacts from the
                                                    accessible and prominent to consumers                                                                            the visor would appear closer to eye
                                                                                                            placement of two labels on one visor on
                                                    through their past associations with                                                                             level when the visor was in the open
                                                                                                            those vehicles.
                                                    labels in other vehicles.                                                                                        position. NHTSA is also concerned that
                                                       Next, NHTSA considered the                              NHTSA next considered the driver’s
                                                                                                                                                                     the potential use of the driver’s side
                                                    passenger’s side sun visor. This location               side b-pillar or edge of the driver’s door.
                                                                                                                                                                     headliner may introduce a crowding
                                                    was considered accessible and                           In its tire safety information final rule,16
                                                                                                                                                                     issue in utility vehicles, which would
                                                    prominent, as it is situated in front of                the agency agreed with manufacturers                     now have three informational labels in
                                                    vehicle occupants not far from eye level.               that there is a concern about the                        the same area on the driver’s side (this
                                                    The suitability of this location for labels             sufficiency of the space for the                         could defeat any spacing benefit
                                                    has previously been leveraged by the                    placement of the vehicle placard and                     assumed for avoiding the use of the sun
                                                    agency for both air bag labels and                      tire inflation label in the door edge or                 visor). In addition, the use of the visor
                                                    vehicle rollover labels.                                B-pillar for some vehicles. As a result,                 for existing label requirements may
                                                       The air bag label, established under                 in that rule, NHTSA added other                          make it more likely that a vehicle
                                                    FMVSS 208 (Occupant Crash                               alternative requirements to the                          occupant would associate the visor with
                                                    Protection), requires manufacturers to                  requirement that the vehicle placard                     vehicle safety-related reference
                                                    affix an air bag warning label to the sun               and tire inflation pressure label be                     information and thus check it in the
                                                    visor at each seating position that is                  located on the driver’s side B-pillar.17                 event of a safety problem. For these
                                                    equipped with an inflatable restraint.13                The agency remains concerned that the                    reasons, the agency believes a label on
                                                    49 CFR part 575.105 (Vehicle Rollover)                  relatively limited space in these                        the headliner may be less prominent
                                                    also requires that a rollover warning                   locations, combined with design                          than one on the visor itself.
                                                    label be affixed at the driver’s sun visor              variations, may detract from the                            For the above reasons, of the five
                                                    for utility vehicles.14 The rollover                    prominence of a label with detailed                      locations considered, the agency’s
                                                    warning label may appear on either side                 reporting information. We also believe                   preferred alternative for placement of
                                                    of the visor, but if it appears on the                  that the current vehicle placard and tire                the sticker, decal, or other device is the
                                                    same side as the air bag label, it must                 inflation pressure label are relatively                  passenger side sun visor. The agency
                                                    be separated from the air bag label by a                technically specific, and by adding                      also recognizes that the headliner above
                                                    certain distance. The air bag label may                 another label may crowd the messaging                    the sun visor may have similar benefits
                                                    be affixed to either side of the sun visor.             on how to reach NHTSA with a                             to the visor without some of the
                                                    FMVSS 208 also specifies that no other                  potential vehicle safety complaint.                      disadvantages of the visor. Therefore,
                                                    information may appear on the same                                                                               the headliner is currently considered a
                                                    side of the sun visor to which the air bag                15 § 571.208.
                                                                                                                                                                     close second to the preferred alternative.
                                                    warning label is affixed, except for the                  S4.5.1(b)(5) Limitations on additional labels. (i)
                                                                                                                                                                        NHTSA invites comments on whether
                                                    utility vehicle warning label, and no                   Except for the information on an air bag
                                                                                                            maintenance label placed on the sun visor pursuant       the passenger side sun visor is indeed
                                                    other information about the air bags or                 to S4.5.1(a) of this standard, or on a utility vehicle   the best easily accessible location for a
                                                                                                            warning label placed on the sun visor that conforms      label, as well as whether the agency
                                                      13 § 571.208, Standard No. 208; Occupant crash        in content, form, and sequence to the label shown
                                                    protection.                                             in Figure 1 of 49 CFR 575.105, no other information
                                                                                                                                                                     should have considered additional
                                                      S4.5.1(b) Sun visor air bag warning label. (1)        shall appear on the same side of the sun visor to        locations within the vehicle.
                                                    Except as provided in S4.5.1(b)(2), each vehicle        which the sun visor air bag warning label is affixed.    Commenters should provide detail on
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                                                    shall have a label permanently affixed to either side     (ii) Except for the information in an air bag alert
                                                    of the sun visor, at the manufacturer’s option, at      label placed on the sun visor pursuant to S4.5.1(c)         18 Related, the headliner may provide for more
                                                    each front outboard seating position that is            of this standard, or on a utility vehicle warning        consistency in label placement if manufacturers
                                                    equipped with an inflatable restraint.                  label placed on the sun visor that conforms in           frequently vary whether to place the air bag label
                                                      14 § 575.105 Vehicle rollover.                        content, form, and sequence to the label shown in        on the front or back side of the label. However,
                                                      c) Definitions. Utility vehicles means                Figure 1 of 49 CFR 575.105, no other information         NHTSA believes that the variation in air bag label
                                                    multipurpose passenger vehicles (other than those       about air bags or the need to wear seat belts shall      placement is likely due to manufacturer desire to
                                                    which are passenger car derivatives) which have a       appear anywhere on the sun visor.                        limit the label visibility to when the visor is in the
                                                                                                              16 67 FR 69600, at 69617–69618.
                                                    wheelbase of 110 inches or less and special features                                                             open position, and requiring a label on each side
                                                    for occasional off-road operation.                        17 Id. at 69617.                                       of the visor would make that concern irrelevant.



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                                                                           Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules                                            85483

                                                    which location is best and why. If                         To contact NHTSA, you may call the                  language is recommended and how it is
                                                    additional locations are suggested,                      Vehicle Safety Hotline toll-free at 1–888–327–        likely to fulfill the statutory purpose
                                                    commenters are requested to provide                      4236 (TTY: 1–800–424–9153); go to http://             better than the proposed text.
                                                    information on the accessibility,                        www.safercar.gov; or write to: Administrator,
                                                                                                             NHTSA, 400 Seventh Street SW.,                        Label Design
                                                    prominence, and practicability of the                    Washington, DC 20590. You can also obtain
                                                    suggested location. NHTSA also invites                   other information about motor vehicle safety             NHTSA believes the intent of Section
                                                    comments on whether its assumptions                      from http://www.safercar.gov.                         31306 of MAP–21 was to provide
                                                    and assessment of the preferred location                                                                       consumers with easily accessible and
                                                                                                               Section 31306 of MAP–21 states that
                                                    are reasonable. Commenters are                                                                                 understandable information on how to
                                                                                                             the label information must be ‘‘in
                                                    requested to provide supporting                                                                                contact the agency with any vehicle
                                                                                                             simple and understandable language.’’
                                                    information for their suggestions.                                                                             safety-related defects and complaints.
                                                                                                             Given the currently required language,
                                                                                                                                                                   NHTSA does not believe that the
                                                    Specified Language                                       NHTSA interprets one purpose of the
                                                                                                                                                                   requirements under this rule are
                                                      NHTSA also considered whether to                       new requirement as relaying the same
                                                                                                                                                                   intended to increase a manufacturer
                                                    require specified language to be printed                 basic information to vehicle users in a
                                                                                                                                                                   burden beyond communicating the
                                                    on the label, or whether to leave the                    more straightforward and condensed
                                                                                                                                                                   basic information on how to contact the
                                                    choice of language up to the vehicle                     manner appropriate for a sticker or
                                                                                                                                                                   agency with a vehicle safety-related
                                                    manufacturer. Section 31306 of MAP–21                    label. With that in mind, NHTSA
                                                                                                                                                                   defect complaint.
                                                    does not specify whether the choice of                   developed the following proposed
                                                                                                             language for the consumer information                    With that in mind, NHTSA is
                                                    actual content is to be made by the                                                                            proposing the following simple design
                                                    agency or by the manufacturer. Given                     label:
                                                                                                                                                                   requirements for the label, which are
                                                    that information on how to submit a                      Do you believe your vehicle has a safety-             similar to the design requirements of the
                                                    safety-related defect complaint is                       related problem?                                      air bag warning label and the rollover
                                                    relatively straightforward, and does not                                                                       warning label: 20
                                                                                                                The National Highway Traffic Safety
                                                    vary by vehicle type or design, we do                                                                             • The title must be in a bold black
                                                                                                             Administration (NHTSA) NEEDS to
                                                    not see a benefit to leaving the choice                                                                        text.
                                                                                                             know.
                                                    of language up to the manufacturer.
                                                                                                                File your complaint with NHTSA                        • The message area must be white
                                                    Conversely, we believe that requiring
                                                                                                             today! Filing a complaint is easy:                    with black text.
                                                    standardized language could prevent
                                                    confusion or inaccuracies that                           Online: http://www.safercar.gov                          • The pictograms must be black with
                                                                                                             Toll-free Hotline: 1–888–327–4236                     a white background.
                                                    customized language could produce.
                                                    Further, standardized language may
                                                                                                                (TTY: 1–800–424–9153)                                 • The label must be appropriately
                                                                                                             Mail: U.S. Department of                              sized so that it is legible, visible and
                                                    have the benefit of creating a phrase                       Transportation, NHTSA, Office of
                                                    association for vehicle users that could                                                                       prominent to the driver.
                                                                                                                Defects Investigation, NEF–100, 1200                  NHTSA believes that these
                                                    help them remember which agency to                          New Jersey Avenue SE., Washington,
                                                    contact with a safety-related concern                                                                          requirements communicate the
                                                                                                                DC 20077–9382.                                     information as intended in the statute in
                                                    whether or not they remember where
                                                    the contact information is located                          Information about how to keep your                 an accessible, readable, and
                                                    within their vehicle. For these reasons,                 vehicle safe can be found at                          comprehensive manner. NHTSA
                                                    NHTSA is proposing standardized                          www.SaferCar.gov.                                     believes that a simple black and white
                                                    language for the decal, label, or other                     NHTSA believes the above proposed                  label would effectively communicate
                                                    device.                                                  language would be easily readable and                 the necessary information, and that
                                                      Next, NHTSA considered proposed                        comprehensible, and that by sticking to               requiring color on labels could create an
                                                    content for the labels. Information on                   brief, standardized content, the                      unnecessary financial burden to some
                                                    how to reach NHTSA with potential                        proposed device would effectively                     manufacturers. In regard to the font for
                                                    vehicle safety defect complaints is                      inform consumers of how to file a                     the label, NHTSA is not proposing
                                                    currently written in all passenger                       potential vehicle safety defect. The                  either a particular font face, font size, or
                                                    vehicle owner’s manuals. Manufacturers                   agency believes that longer strings of                case for the label. In existing label
                                                    are currently required to include the                    information in this context are                       requirements (e.g., tire, rollover, and air
                                                    following text in all passenger vehicle                  unnecessary, and may detract from a                   bag), the agency has not encountered
                                                    owner’s manuals: 19                                      vehicle user’s ability to internalize the             issues with leaving the font
                                                      If you believe that your vehicle has a defect          information presented. The simple                     specifications up to manufacturers.
                                                    which could cause a crash or could cause                 listing format above is intended to make              However, NHTSA is proposing to
                                                    injury or death, you should immediately                  it less likely that a vehicle user would              specify that the text on the label be
                                                    inform the National Highway Traffic Safety               miss the key message of the label or                  ‘‘legible, visible, and prominent’’ to the
                                                    Administration (NHTSA) in addition to                    device.                                               driver.21 NHTSA is also not proposing
                                                    notifying [INSERT NAME OF                                   NHTSA requests comment on the                      to specify a size, shape, or dimension
                                                    MANUFACTURER].                                           language, including whether it provides               for the label, in order to provide
                                                      If NHTSA receives similar complaints, it               the necessary information on how to                   manufacturers the flexibility to design
                                                    may open an investigation, and if it finds               contact NHTSA with vehicle safety-                    the placard and label in a manner that
                                                    that a safety defect exists in a group of
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                                                    vehicles, it may order a recall and remedy
                                                                                                             related complaints, and whether it is                 can be configured to each vehicle
                                                    campaign. However, NHTSA cannot become                   simple and understandable. Should the                 design. This flexibility is similar to that
                                                    involved in individual problems between                  commenter have additional or revised                  provided in other label requirements.22
                                                    you, your dealer, or [INSERT NAME OF                     language to propose, the agency requests              A sample of the proposed label is as
                                                    MANUFACTURER].                                           detail as to what additional or revised               follows:

                                                      19 49   CFR 575.6.                                       20 See 49 CFR part 571.208; 49 CFR part 575.105,      21 See   67 FR 69617.
                                                                                                             Vehicle Rollover.                                       22 Id.




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                                                    85484                Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules




                                                      NHTSA seeks comments on the                           reproduced in the owner’s manual. If                  point type. NHTSA is also not
                                                    proposed design of the label, including                 Congress had intended for the label to                proposing to require the owner’s manual
                                                    the current recommendation to keep the                  be printed in both places, we believe it              information to be printed in a particular
                                                    label in black and white without                        would have indicated so more directly                 section of the manual. We recognize that
                                                    additional colors. If a comment requests                by combining the two requirements,                    there may be some increased consumer
                                                    that the labels have color, either on the               rather than refer to the required                     exposure benefit to requiring the
                                                    background and/or in the content                        information more broadly as that                      information to be printed in a standard
                                                    including text, the commenter should                    ‘‘described in’’ the label requirement.               design, and/or on a particular page of
                                                    provide a detailed explanation as to the                Further, we believe that the greater                  the manual. However, in the event of a
                                                    benefit such changes would provide to                   space offered in owner’s manuals allows               safety-related issue with their vehicle,
                                                    the consumer. NHTSA also seeks                          for additional explanatory statements                 we believe it is common for a vehicle
                                                    comment on the proposed content, as to                  that may be useful to a consumer                      user to consult the table of contents
                                                    whether the information is adequate to                  seeking more information on the defects               within the manual for direction on their
                                                    inform consumers on what actions to                     reporting process.                                    particular issue, and thus would be
                                                    take should they feel they have a safety-                  For the above reasons, NHTSA is                    informed of where to find the
                                                    related problem with their vehicle, and                 proposing the following language for the              information on how to submit a defect
                                                    whether there is any undue burden that                  owner’s manual requirement:                           complaint. We also believe that
                                                    vehicle manufacturers may face under                       If you believe that your vehicle has a defect      manufacturers would be capable of
                                                    this proposal that the agency should                    which could cause a crash or could cause              fulfilling the statutory requirement to
                                                    consider.                                               injury or death, you should immediately               print the information prominently
                                                                                                            inform the National Highway Traffic Safety            without the potential burden of
                                                    V. Alternatives Considered and                          Administration (NHTSA) in addition to                 redesigning their manual layouts to
                                                    Proposal for the Owner’s Manual                         notifying [INSERT NAME OF                             incorporate a standardized placement.
                                                    Information                                             MANUFACTURER].                                          NHTSA is also proposing to move the
                                                                                                               If NHTSA receives similar complaints, it
                                                      NHTSA considered whether to                           may open an investigation, and if it finds that
                                                                                                                                                                  required language currently located in
                                                    develop unique language for owner’s                     a safety defect exists in a group of vehicles,        49 CFR part 575.6 to 49 CFR 575.501 in
                                                    manuals on how to submit a defect                       it may order a recall and remedy campaign.            order keep these like requirements in
                                                    complaint, whether to use the same                      However, NHTSA cannot become involved in              the same place. This section will
                                                    language in the manual as is required                   individual problems between you, your                 provide manufacturers with the
                                                    for the label, or whether to simply                     dealer, or [INSERT NAME OF                            required safety-related defect reporting
                                                    update the currently required owner’s                   MANUFACTURER].                                        information in the owner’s manual. As
                                                                                                               To contact NHTSA, you may call the
                                                    manual information with NHTSA’s new                     Vehicle Safety Hotline toll-free at 1–888–
                                                                                                                                                                  noted above, the current requirement
                                                    address and SaferCar mobile                             327–4236 (TTY: 1–800–424–9153); go to                 does not include the most up-to-date
                                                    application.                                            http://www.safercar.gov; download the                 reporting information, including the
                                                      NHTSA believes that the clearest way                                                                        Safercar mobile application, and we
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                                                                                                            SaferCar mobile application; or write to:
                                                    to read Section 31306(d)(1)(B) of MAP–                  Administrator, NHTSA, 1200 New Jersey                 believe that Congress developed the
                                                    21 (‘‘prominently print the information                 Ave. SE., Washington, DC 20590. You can               new owner’s manual requirement with
                                                    described in [the label requirement]                    also obtain other information about motor             the intent that it would subsume the
                                                    within the owner’s manual’’) is that                    vehicle safety from http://www.safercar.gov.          existing regulation.
                                                    Congress intended for the same essential                  NHTSA is not proposing design                         NHTSA requests comment on the
                                                    information displayed in the label to be                requirements for the owner’s manual                   proposal to use an updated version of
                                                    available in the owner’s manual, but not                information, beyond that it must be                   the currently required owner’s manual
                                                                                                                                                                                                              EP28NO16.007</GPH>




                                                    necessarily that the label be exactly                   printed in a font size no smaller than 10             information, including whether this


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                                                                                Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules                                                                                                     85485

                                                    would fulfill the statutory requirement.                                 VI. Costs                                                                   existing labels. NHTSA estimates that
                                                    NHTSA also requests comment on                                             In determining estimated industry                                         the one-time cost per manufacturer for
                                                    whether to require specific design                                       costs associated with this proposal, the                                    development of the label is $22.67,
                                                    requirements and whether to require the                                  agency investigated potential ‘‘ball-                                       assuming one hour of labor. The labor
                                                    owner’s manual information in a                                          park’’ production cost and labor cost for                                   cost estimate is based on the Bureau of
                                                    particular section of the manual, and                                    labels and owner’s manual information.                                      Labor Statistics Motor Vehicle
                                                    whether our assessment of the limited                                      For purposes of the label cost                                            Manufacturing average hourly wage of
                                                    benefits of such additional requirements                                 estimate, NHTSA estimates the one-time                                      production workers.23 See Table 1. The
                                                    is accurate. Commenters are requested                                    cost and recurring annual cost                                              total one-time industry cost to 22
                                                    to provide detailed explanations for any                                 associated with producing a new,                                            manufacturers of passenger cars and
                                                    recommendations.                                                         adhesive-type label that is separate from                                   light trucks is estimated at $586.74.

                                                                                                    TABLE 1—ESTIMATED ONE-TIME MANUFACTURER COST FOR LABEL
                                                                                                                                                      [2012 Dollars]

                                                                                                                                                                                                        Estimated                  Estimated                 Cost per
                                                                                                        One-time startup costs                                                                            labor                      labor                  manufacturer
                                                                                                                                                                                                        rate/hour                    hours

                                                    Motor Vehicle Manufacturing Production Worker ........................................................................                                 $26.67                         1                      $26.67



                                                       We estimate the annual costs for                                      estimate that affixing the label on the                                     after it is assembled. We assume that
                                                    producing the label as follows. NHTSA                                    sun visor would take approximately 15                                       16.5 million passenger vehicles will be
                                                    assumes a per-label cost of $0.04 and a                                  seconds, based on the amount of time                                        sold per year.25 Based on the above, we
                                                    labor value of $0.09 per label. To arrive                                we assumed the average worker would                                         estimate that the total annual industry
                                                    at a labor value of $0.09, we estimate the                               take to open the vehicle door, position                                     cost for the label, including printing and
                                                    average assembly line worker salary 24                                   the sun visor, and affix the label. This                                    labor, is $2.15 million. See Table 2.
                                                    ($21.14) divided by 60 minutes, divided                                  also assumes that, like the VIN numbers,
                                                    by 60 seconds = $0.0059 per second. We                                   the label would be affixed to the vehicle

                                                                                                          TABLE 2—ESTIMATED TOTAL LABEL ANNUAL INDUSTRY COST
                                                                                                                                                      [2012 Dollars]

                                                                                                                                                                            Labor value                 Cost w/out                                            Industry
                                                                                 Number of vehicles                                             Cost of label                                                                        $ Labor
                                                                                                                                                                             per label                    labor                                              annual cost

                                                    16.5 million ...........................................................................                  $0.04                      $0.09               $660,000                $1,485,000            ........................

                                                          Total cost ......................................................................    ........................   ........................   ........................   ........................         $2,145,000



                                                      NHTSA developed the following cost                                     complaint to the National Highway                                           cost to vehicle manufacturers of
                                                    estimates for the development and                                        Traffic Safety Administration. See Table                                    $660,000 for printing the page in the
                                                    printing in simple and understandable                                    3. The cost of printing the page the size                                   owner’s manual. The one-time cost to
                                                    language within the owner’s manual,                                      of the required text is estimated at                                        manufacturers for the information in the
                                                    information about how to submit a                                        $0.04. Multiplying $0.04 by 16.5 million                                    owner’s manual is negligible.
                                                    safety-related motor vehicle defect                                      vehicles results in an estimated annual

                                                                                                 TABLE 3—ESTIMATED OWNER’S MANUAL INFORMATION PRINTING COST
                                                                                                                                                      [2012 Dollars]

                                                                                                                Annual costs                                                                                 Rate                     Pages                        Cost

                                                    Printing—per page .......................................................................................................................                       $0.04                             1                $0.04
                                                    16.5 million number of vehicles ...................................................................................................              ........................   ........................             660,000



                                                      The estimated total annual recurring                                   available, the benefits of this proposed                                    incidents or accidents across particular
                                                    cost to vehicle manufacturers is $2.8                                    rule are not quantifiable. However,                                         model types on account of an expanded
                                                    million ($2.15 million label cost + $0.66                                NHTSA believes that there would be                                          or quickened defect reporting and
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                                                    million owner’s manual cost).                                            several qualitative benefits of this                                        response process). Other anticipated
                                                                                                                             action. Some of the anticipated benefits                                    benefits would fall to agency and the
                                                    VII. Benefits                                                            would fall to vehicle users. These                                          industry in the form of efficiencies
                                                     As information on the effects of                                        benefits could be direct (improved                                          gained by closing information gaps. The
                                                    making defect reporting information                                      consumer awareness and involvement)                                         anticipated benefits of this proposal
                                                    more accessible to vehicle users is not                                  or indirect (fewer vehicle safety                                           include:
                                                      23 http://www.bls.gov/oes/current/oes519199.htm.                          24 http://www.bls.gov/oes/current/oes512099.htm.                            25 See   78 FR 55138.




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                                                    85486                Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules

                                                      (1) Improved messaging and                            after the date on which a final rule is               docket, please include the Docket
                                                    information to consumers on how to                      published.’’ NHTSA believes the lead                  Number NHTSA–2015–0096 in your
                                                    submit a safety-related motor vehicle                   time proposed for the label may be                    comments. Your comments must not be
                                                    defect complaint to NHTSA;                              necessary; however, early compliance                  more than 15 pages long.28 NHTSA
                                                      (2) increased consumer involvement                    would be encouraged. With regard to                   established this limit to encourage you
                                                    in the motor vehicle defect reporting                   owner’s manual information, NHTSA                     to write your primary comments in a
                                                    process;                                                believes this amount of lead time is                  concise fashion. However, you may
                                                      (3) reduced time between consumer                     more than necessary. First, the agency is             attach necessary additional documents,
                                                    awareness of a possible motor vehicle                   proposing standardized language.                      which are not subject to the page limit,
                                                    defect and industry response;                           Additionally, in most cases, owner’s                  to your comments.
                                                      (4) cost savings to the consumer                      manual information is developed,                         If you are submitting comments
                                                    through improved and timely defect-                     reviewed, and approved in an entirely                 electronically as a PDF (Adobe) file, we
                                                    related response by the manufacturer;                   digital environment, which significantly              ask that the documents submitted be
                                                      (5) reduction in the risk and incident                reduces lead time. Moreover, the agency               scanned using the Optical Character
                                                    of injuries and fatalities attendant with               is aware that some manufacturers have                 Recognition (OCR) process, thus
                                                    the possible safety-related motor vehicle               moved, or are in the process of moving,               allowing the agency to search and copy
                                                    defect;                                                 to full digital delivery of owner’s                   certain portions of your submissions.29
                                                      (6) decrease in motor vehicle property                manual information, where owner’s                     Please note that pursuant to the Data
                                                    damage;                                                 manual information is delivered via a                 Quality Act, in order for the substantive
                                                      (7) improvement in agency data-                       digital video disc (DVD) or some other                data to be relied upon and used by the
                                                    collection on potential safety problems                 digital format.26 In some of these cases,             agencies, it must meet the information
                                                    in motor vehicles and motor vehicle                     official vehicle manufacturer owner’s                 quality standards set forth in the OMB
                                                    equipment, and resultant decisions on                   manual information is available via the               and DOT Data Quality Act guidelines.
                                                    whether to open an investigation; and,                  internet for reference; one manufacturer                 Accordingly, we encourage you to
                                                      (8) cost savings to the industry by                   currently provides vehicle owners                     consult the guidelines in preparing your
                                                    providing motor vehicle manufacturers                   information via an electronic tablet                  comments. OMB’s guidelines may be
                                                    with information that they may not yet                  device as the primary information                     accessed at http://www.whitehouse.gov/
                                                    have identified and gathered.                           source, with a more traditional paper                 omb/fedreg_reproducible (last accessed
                                                      The agency believes that the benefits                 version as a secondary method.27                      January 2, 2014), and DOT’s guidelines
                                                    of this proposal would be higher than                      NHTSA seeks comment on whether                     may be accessed at http://regs.dot.gov
                                                    the costs. NHTSA requests comment on                    the proposed lead time is reasonable. If              (last accessed January 2, 2014).
                                                    the benefits described here, and on any                 a commenter wishes the agency to
                                                    additional benefits and/or ways to                                                                            2. Tips for Preparing Your Comments
                                                                                                            provide additional lead time, NHTSA
                                                    quantify benefits.                                      requests that the commenter provide                      When submitting comments, please
                                                                                                            specific explanations for why more lead               remember to:
                                                    VIII. Compliance and Penalties
                                                                                                            time might be needed for which                           • Identify the rulemaking by docket
                                                      In adding the 32302(d) requirements                                                                         numbers and other identifying
                                                                                                            elements of the proposal. For example,
                                                    under MAP–21, Congress did not amend                                                                          information (subject heading, Federal
                                                                                                            if a commenter sought more lead time
                                                    the existing compliance and civil                                                                             Register date and page number).
                                                                                                            for the owner’s manual requirements,
                                                    penalty provisions in 49 U.S.C. Chapter
                                                                                                            NHTSA seeks any relevant details of the                  • Follow directions—the agencies
                                                    323; therefore, NHTSA tentatively                                                                             may ask you to respond to specific
                                                                                                            owner’s manual publication process and
                                                    concludes that those provisions apply                                                                         questions or organize comments by
                                                                                                            associated timing, along with current
                                                    for regulations promulgated under                                                                             referencing a Code of Federal
                                                                                                            and future media that would be used for
                                                    32302(d).                                                                                                     Regulations (CFR) part or section
                                                                                                            the owner’s manual information.
                                                      49 U.S.C. 32308(a) states, in relevant                                                                      number.
                                                    part, that a person commits a violation                 X. Public Participation                                  • Explain why you agree or disagree,
                                                    of Chapter 323 if that person fails to                    NHTSA requests comment on all                       suggest alternatives, and substitute
                                                    provide the Secretary of Transportation                 aspects of this proposed rule. This                   language for your requested changes.
                                                    (by delegation, the Administrator of                    section describes how you can                            • Describe any assumptions and
                                                    NHTSA) with information requested in                    participate in this process.                          provide any technical information and/
                                                    carrying out Chapter 323, or fails to                                                                         or data that you used.
                                                    comply with the applicable regulations                  A. How do I prepare and submit                           • If you estimate potential costs or
                                                    prescribed under Chapter 323. 32308(b)                  comments?                                             burdens, explain how you arrived at
                                                    prescribes a civil penalty of not more                  1. Further instructions for submitting                your estimate in sufficient detail to
                                                    than $1,000 for each violation of                       comments to the NHTSA docket are                      allow for it to be reproduced.
                                                    32308(a).                                                                                                        • Provide specific examples to
                                                                                                            described below:
                                                                                                                                                                  illustrate your concerns and suggest
                                                    IX. Proposed Compliance Date                               Your comments must be written and                  alternatives.
                                                       The proposed compliance date for                     in English. To ensure that your                          • Explain your views as clearly as
                                                    label and owner’s manual requirements                   comments are correctly filed in the                   possible, avoiding the use of profanity
                                                    is the first model year that occurs more                                                                      or personal threats.
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                                                    than one year following the publication
                                                                                                               26 ‘‘Chrysler Phases Out Paper Owner’s Manual’’
                                                                                                                                                                     Make sure to submit your comments
                                                                                                            http://wheels.blogs.nytimes.com/2009/09/23/           by the comment period deadline
                                                    date of a final rule implementing this                  chrysler-does-away-with-paper-owners-manual/
                                                    proposal. The compliance date adheres                   (last accessed June 17, 2015).                        identified in the DATES section above.
                                                    to the provision in Section 31306(d)(2)                    27 ‘‘2012 Hyundai Equus Continues To Redefine
                                                                                                                                                                    28 49CFR 553.21.
                                                    of MAP–21, which states that the above                  Intelligent Luxury,’’ http://www.hyundainews.com/
                                                                                                            us/en-us/Media/                                         29 Optical character recognition (OCR) is the
                                                    requirements ‘‘shall apply to passenger                 PressRelease.aspx?mediaid=32732&title=2012-           process of converting an image of text, such as a
                                                    motor vehicles manufactured in any                      hyundai-equus-continues-to-redefine-intelligent-      scanned paper document or electronic fax file, into
                                                    model year beginning more than 1 year                   luxury (last accessed February 5, 2016).              computer-editable text.



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                                                                           Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules                                               85487

                                                    XI. Regulatory Notices and Analyses                       H. National Technology Transfer                       PART 575—CONSUMER
                                                                                                              Advancement Act                                       INFORMATION
                                                    A. Executive Orders 12866 and 13563
                                                                                                                Section 12(d) of the National
                                                      NHTSA has considered the impact of                                                                            ■  1. The authority citation for part 575
                                                                                                              Technology Transfer and Advancement
                                                    this rulemaking action under Executive                                                                          is revised to read as follows:
                                                                                                              Act (NTTAA) requires NHTSA to
                                                    Orders 12866 and 13563 and the                                                                                    Authority: 49 U.S.C. 32302, 32304A,
                                                                                                              evaluate and use existing voluntary
                                                    Department of Transportation’s                                                                                  30111, 30115, 30117, 30123, 30166, 30181,
                                                                                                              consensus standards in its regulatory
                                                    regulatory policies and procedures. This                                                                        30182, 30183, and 32908, Pub. L. 104–414,
                                                                                                              activities unless doing so would be
                                                    action is not significant and therefore                                                                         114 Stat. 1800, Pub. L. 109–59, 119 Stat.
                                                                                                              inconsistent with applicable law (e.g.,               1144, Pub. L. 110–140, 121 Stat. 1492, Pub.
                                                    was not subject to review by OMB under
                                                                                                              the statutory provisions regarding                    L. 112–141, 126 Stat. 405, 15 U.S.C. 1232(g);
                                                    Executive Order 12866. The benefits
                                                                                                              NHTSA’s vehicle safety authority) or                  delegation of authority at 49 CFR 1.95.
                                                    and costs of this proposal are described
                                                                                                              otherwise impractical. NHTSA has not                  ■ 2. Amend § 575.6 by removing
                                                    above. Because the proposed rule
                                                                                                              identified any existing voluntary                     paragraph (a)(2) and redesignating
                                                    would, if adopted, would not be
                                                                                                              consensus standards that could be used                paragraphs (a)(3) through (5) as
                                                    economically significant, the agency has
                                                                                                              for this proposal.                                    paragraphs (a)(2) through (4).
                                                    not prepared a separate Preliminary
                                                    Regulatory Evaluation.                                    I. Plain Language                                     ■ 3. Add Subpart F to read as follows:

                                                    B. Regulatory Flexibility Act                                Executive Orders 12866 and 13563                   Subpart F—Moving Ahead for
                                                                                                              require each agency to write all rules in             Progress in the 21st Century Act;
                                                       We estimate these proposed
                                                                                                              plain language. Application of the                    Consumer Information
                                                    requirements would cost each small
                                                                                                              principles of plain language includes
                                                    vehicle manufacturer approximately
                                                                                                              consideration of the following                          Authority: 49 U.S.C. 30101 et. seq., Sec.
                                                    $0.13 per vehicle, or far less than 1% of
                                                                                                              questions:                                            31306, Pub. L. 112–141, 126 Stat. 405,
                                                    the cost of one of these vehicles, and
                                                                                                                 • Have we organized the material to                delegation of authority at 49 CFR 1.95.
                                                    would therefore not appear to constitute
                                                                                                              suit the public’s needs?
                                                    a significant economic impact. Thus,                                                                            § 575.501   Safety defect reporting
                                                                                                                 • Are the requirements in the rule
                                                    NHTSA certifies that this rule, if                                                                                 (a) Purpose and scope. This section
                                                                                                              clearly stated?
                                                    adopted, would not have a significant
                                                                                                                 • Does the rule contain technical                  requires manufacturers of passenger
                                                    impact on a substantial number of small                                                                         motor vehicles to affix a label that
                                                                                                              language or jargon that is not clear?
                                                    entities.
                                                                                                                 • Would a different format (grouping               describes the process for submitting a
                                                    C. Executive Order 13132                                  and order of sections, use of headings,               complaint about a safety-related motor
                                                                                                              paragraphing) make the rule easier to                 vehicle defect to the National Highway
                                                      NHTSA does not believe that there                                                                             Traffic Safety Administration. This
                                                    would be sufficient federalism                            understand?
                                                    implications to warrant the preparation                      • Would more (but shorter) sections                section also requires manufacturers to
                                                                                                              be better?                                            include the same information in the
                                                    of a federalism assessment.
                                                                                                                 • Could we improve clarity by adding               owner’s manual.
                                                    D. Executive Order 12988 (Civil Justice                   tables, lists, or diagrams?                              (b) Application. This section applies
                                                    Reform)                                                      • What else could we do to make the                to passenger motor vehicles under
                                                                                                              rule easier to understand?                            10,000 lbs GVWR.
                                                       Pursuant to Executive Order 12988,
                                                                                                              If you have any responses to these                       (c) Required information— (1) Label.
                                                    ‘‘Civil Justice Reform,’’ 30 NHTSA has
                                                                                                              questions, please include them in your                (i) Each passenger motor vehicle must
                                                    considered whether this rulemaking
                                                                                                              comments on this proposal.                            have a label permanently affixed to the
                                                    would have any retroactive effect. This
                                                                                                                                                                    passenger’s sun visor. The label must
                                                    proposed rule does not have any                           J. Privacy Act                                        not appear on the same side of the sun
                                                    retroactive effect.
                                                                                                                Anyone is able to search the                        visor to which the sun visor air bag
                                                    E. National Environmental Policy Act                      electronic form for all comments                      warning label is affixed, as required by
                                                    (NEPA)                                                    received into any of our dockets by the               S4.5.1(b)(5) of 49 CFR 571.208. The
                                                      For the purposes of the National                        name of the individual submitting the                 label must conform in content, form,
                                                    Environmental Policy Act, NHTSA has                       comments (or signing the comment, if                  and sequence to the label shown in
                                                    determined that implementation of this                    submitted on behalf of an association,                Figure 1 of this section, and must
                                                    rulemaking action would not have any                      business, labor union, etc.). For more                comply with the following
                                                    significant impact on the quality of the                  information on DOT’s implementation                   requirements:
                                                    human environment.                                        of the Privacy Act, please visit: http://                (A) The title must be in a bold black
                                                                                                              www.dot.gov/privacy. You may review                   text.
                                                    F. Paperwork Reduction Act                                DOT’s complete Privacy Act statement                     (B) The message area must have a
                                                      The proposed rule does not implicate                    in the Federal Register published on                  white background and black text.
                                                    any information collection requirements                   April 11, 2000 (Volume 65, Number 70;                    (C) The pictograms must be black
                                                    under the Paperwork Reduction Act of                      Pages 19477–78).                                      with a white background.
                                                    1995 (44 U.S.C. 3501–3520).                                                                                        (D) The label must be appropriately
                                                                                                              List of Subjects in 49 CFR Part 575                   sized so that it is legible, visible, and
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                                                    G. Unfunded Mandates Reform Act of                          Consumer protection, Motor vehicle                  prominent to the driver.
                                                    1995                                                      safety, Reporting and recordkeeping                      (ii) When the safety defect reporting
                                                      NHTSA has determined that the                           requirements, Tires.                                  label required by paragraph (c)(1)(i) of
                                                    requirements of Title II of the Unfunded                                                                        this section and the air bag alert label
                                                                                                              Proposed Regulatory Text                              required by S4.5.1(c) of 49 CFR 571.208
                                                    Mandates Reform Act of 1995 do not
                                                    apply to this rulemaking.                                   For the foregoing reasons, NHTSA                    are affixed to the same side of the
                                                                                                              proposes to amend 49 CFR part 575 as                  passenger’s sun visor, the pictogram of
                                                      30 61   FR 4729 (Feb. 7, 1996).                         follows:                                              the air bag alert label must be separated


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                                                    85488                Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules

                                                    from the pictograms of the safety defect                  (2) Owner’s Manual. (i) The                         application; or write to: Administrator,
                                                    reporting label by text and:                            manufacturer of each passenger motor                  NHTSA, 1200 New Jersey Ave. SE.,
                                                       (A) The labels must be located such                  vehicle must provide to the purchaser,                Washington, DC 20590. You can also
                                                    that the shortest distance from any of                  in writing in the English language and                obtain other information about motor
                                                    the lettering or graphics on the safety                 not less than 10 point type, the                      vehicle safety from http://
                                                    defect reporting label to any of the                    following statement in the owner’s                    www.safercar.gov.
                                                    lettering or graphics on the air bag alert              manual, or, if there is no owner’s                      If NHTSA receives similar
                                                    label is not less than 3 cm, or                         manual or the owner’s manual is                       complaints, it may open an
                                                       (B) If the safety defect reporting and               electronic, on a one-page document:                   investigation, and if it finds that a safety
                                                    air bag alert labels are each surrounded                  If you believe that your vehicle has a              defect exists in a group of vehicles, it
                                                    by a continuous solid-lined border, the                 defect which could cause a crash or                   may order a recall and remedy
                                                    shortest distance from the border of the                could cause injury or death, you should               campaign. However, NHTSA cannot
                                                    safety defect reporting label to the                    immediately inform the National                       become involved in individual
                                                    border of the air bag alert label must be               Highway Traffic Safety Administration                 problems between you, your dealer, or
                                                    not less than 1 cm.                                     (NHTSA) in addition to notifying                      [INSERT NAME OF MANUFACTURER].
                                                       (iii) At the option of the manufacturer,             [INSERT NAME OF MANUFACTURER].                          (ii) The manufacturer must specify in
                                                    the requirement in paragraph (c)(1)(i) of               To contact NHTSA, you may call the                    the table of contents of the owner’s
                                                    this section for a permanently affixed                  Vehicle Safety Hotline toll-free at 1–                manual the location of the statement
                                                    label may instead be met by permanent                   888–327–4236 (TTY: 1–800–424–9153);                   required in paragraph (c)(2)(i). The
                                                    marking and molding of the required                     go to http://www.safercar.gov;                        heading in the table of contents must
                                                    information onto the specified location.                download the SaferCar mobile                          state ‘‘Reporting Safety Defects.’’




                                                      Issued in Washington, DC.                             ACTION:Revised proposed rule;                         commented previously to submit
                                                    Raymond R. Posten,                                      reopening of public comment period.                   additional comments, if appropriate, in
                                                    Associate Administrator for Rulemaking.                                                                       light of this new information.
                                                                                                            SUMMARY:   We, the U.S. Fish and
                                                    [FR Doc. 2016–28125 Filed 11–25–16; 8:45 am]                                                                  DATES: The comment period for the
                                                                                                            Wildlife Service, notify the public that
                                                    BILLING CODE 4910–59–P
                                                                                                            we are making changes to our July 6,                  proposed rule published July 6, 2012
                                                                                                            2012, proposed rule to list the hyacinth              (77 FR 39965) is reopened. We will
                                                                                                            macaw (Anodorhynchus hyacinthinus)                    accept comments received on or before
                                                    DEPARTMENT OF THE INTERIOR                              as an endangered species under the                    January 27, 2017. Comments submitted
                                                                                                            Endangered Species Act of 1973, as                    electronically using the Federal
                                                    Fish and Wildlife Service                               amended (Act). Based on new                           eRulemaking Portal (see ADDRESSES,
                                                                                                            information, we now propose to list the               below) must be received by 11:59 p.m.
                                                    50 CFR Part 17                                          hyacinth macaw as a threatened species                Eastern Time on the closing date.
                                                                                                            under the Act. We also propose a                      Requests for a public hearing must be
                                                    [Docket No. FWS–R9–ES–2012–0013;
                                                                                                            concurrent rule under section 4(d) of the             received by January 12, 2017.
                                                    4500030115]
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                                                                                                            Act for this species. We are reopening                ADDRESSES: You may submit comments
                                                    RIN 1018–AY38                                           the comment period to allow comments                  by one of the following methods:
                                                                                                            on the new information presented in                      (1) Federal eRulemaking Portal:
                                                    Endangered and Threatened Wildlife
                                                                                                            this document relevant to the changes                 http://www.regulations.gov. Follow
                                                    and Plants; Listing the Hyacinth
                                                                                                            described below. Comments previously                  instructions for submitting comments to
                                                    Macaw
                                                                                                            submitted will be considered and do not               Docket No. FWS–R9– ES–2012–0013.
                                                    AGENCY:     Fish and Wildlife Service,                  need to be resubmitted. However, we                      (2) U.S. mail or hand delivery: Public
                                                                                                                                                                                                                 EP28NO16.008</GPH>




                                                    Interior.                                               encourage those who may have                          Comments Processing, Attn: [FWS–R9–


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Document Created: 2018-02-14 08:35:50
Document Modified: 2018-02-14 08:35:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesComments must be received on or before January 27, 2017. See the SUPPLEMENTARY INFORMATION section on ``Public Participation'' for more information about written comments.
ContactFor technical issues: Hisham Mohamed, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366-0307.
FR Citation81 FR 85478 
RIN Number2127-AL33
CFR AssociatedConsumer Protection; Motor Vehicle Safety; Reporting and Recordkeeping Requirements and Tires

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