Vehicle Defect Reporting Requirements, 85478-85488 [2016-28125]
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Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules
believe that any State, local, or Tribal
government would be impacted by this
rulemaking. As such, the requirements
of sections 202, 203, 204, or 205 of
UMRA, 2 U.S.C. 1531–1538, do not
apply to this action.
E. Executive Order 13132: Federalism
This action will not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999), because it will not have
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000), because it will not have any
effect on tribal governments, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This action is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997), because this action does not
address environmental health or safety
risks, and EPA interprets Executive
Order 13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order.
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H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not a ‘‘significant
energy action’’ as defined in Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not likely to have
any effect on energy supply,
distribution, or use.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
DEPARTMENT OF TRANSPORTATION
This action will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
as specified in Executive Order 12898
(59 FR 7629, February 16, 1994). This
action does not affect the level of
protection provided to human health or
the environment.
49 CFR Part 575
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: November 14, 2016.
Jeffery T. Morris,
Acting Director, Office of Pollution Prevention
and Toxics.
Therefore, it is proposed that 40 CFR
chapter I be amended as follows:
PART 721—[AMENDED]
1. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
2. Add § 721.10925 to subpart E to
read as follows:
■
§ 721.10925
Alkylpyrrolidones.
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substances Nethylpyrrolidone (CASRN 2687–91–4)
and N-isopropylpyrrolidone (CASRN
3772–26–7) are subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) For N-ethylpyrrolidone (CASRN
2687–91–4), any use except for use as
reactant and in silicone seal remover,
coatings, consumer and commercial
paint primer, and adhesives.
(ii) For N-isopropylpyrrolidone
(CASRN 3772–26–7), any use.
(b) [Reserved]
[FR Doc. 2016–28565 Filed 11–25–16; 8:45 am]
BILLING CODE 6560–50–P
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve any
technical standards, and is therefore not
subject to considerations under section
12(d) of NTTAA, 15 U.S.C.272 note.
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National Highway Traffic Safety
Administration
[NHTSA–2015–0096]
RIN 2127–AL33
Vehicle Defect Reporting
Requirements
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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:
• https://www.regulations.gov: Follow
the online instructions for submitting
comments.
• Fax: NHTSA: (202) 493–2251.
• Mail:
Æ 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:
Æ Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Rm. W12–140,
Washington, DC 20590, Attention
SUMMARY:
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Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules
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 https://www.regulations.gov, including
any personal information provided.
Docket: All documents in the dockets
are listed in the https://
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 https://
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 https://
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
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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 safetyrelated 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 safetyrelated 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.
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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.
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
1 Public
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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 nonoperational 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.
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
2 49
U.S.C. 30101(a)(8).
U.S.C. 30101(a)(2).
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
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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
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.
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 § 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 https://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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If a consumer thinks that his/her
vehicle or equipment may have a safetyrelated 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 consumercomplaint 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.
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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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.
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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.
Manufacturers are currently required
to include the following text in all
passenger vehicle owner’s manuals: 11
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 https://
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 https://www.safercar.gov.
NHTSA notes that this required text
uses an outdated mailing address. The
correct mailing address is: U.S.
10 The current SaferCar mobile application is
available for the iOS and Android mobile operating
systems.
11 49 CFR 575.6.
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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
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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 Bpillar, 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.
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
12 Merriam-Webster Online—https://
www.merriam-webster.com/dictionary/accessible
(last accessed January 23, 2013).
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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
13 § 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 § 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.
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the need to wear seat belts may appear
anywhere on sun visors.15
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.
15 § 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.
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.
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
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.
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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.
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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
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].
19 49
CFR 575.6.
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To contact NHTSA, you may call the
Vehicle Safety Hotline toll-free at 1–888–327–
4236 (TTY: 1–800–424–9153); go to https://
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 https://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 safetyrelated problem?
The National Highway Traffic Safety
Administration (NHTSA) NEEDS to
know.
File your complaint with NHTSA
today! Filing a complaint is easy:
Online: https://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 safetyrelated 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
20 See 49 CFR part 571.208; 49 CFR part 575.105,
Vehicle Rollover.
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85483
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
• 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.
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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 safetyrelated 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
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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
https://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 https://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
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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
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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 ‘‘ballpark’’ 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
85485
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.
TABLE 1—ESTIMATED ONE-TIME MANUFACTURER COST FOR LABEL
[2012 Dollars]
One-time startup costs
Estimated
labor
rate/hour
Estimated
labor
hours
Cost per
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.
TABLE 2—ESTIMATED TOTAL LABEL ANNUAL INDUSTRY COST
[2012 Dollars]
Number of vehicles
Labor value
per label
Cost of label
Cost w/out
labor
$ Labor
Industry
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]
Rate
Pages
Printing—per page .......................................................................................................................
16.5 million number of vehicles ...................................................................................................
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Annual costs
$0.04
........................
1
........................
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
23 https://www.bls.gov/oes/current/oes519199.htm.
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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
24 https://www.bls.gov/oes/current/oes512099.htm.
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Cost
$0.04
660,000
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:
25 See
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(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 defectrelated 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 datacollection 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.
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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
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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
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
26 ‘‘Chrysler Phases Out Paper Owner’s Manual’’
https://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,’’ https://www.hyundainews.com/
us/en-us/Media/
PressRelease.aspx?mediaid=32732&title=2012hyundai-equus-continues-to-redefine-intelligentluxury (last accessed February 5, 2016).
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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.
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.
Accordingly, we encourage you to
consult the guidelines in preparing your
comments. OMB’s guidelines may be
accessed at https://www.whitehouse.gov/
omb/fedreg_reproducible (last accessed
January 2, 2014), and DOT’s guidelines
may be accessed at https://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.
28 49
CFR 553.21.
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.
29 Optical
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Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules
XI. Regulatory Notices and Analyses
H. National Technology Transfer
Advancement Act
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.
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
mstockstill on DSK3G9T082PROD with PROPOSALS
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.
30 61
FR 4729 (Feb. 7, 1996).
VerDate Sep<11>2014
16:30 Nov 25, 2016
Jkt 241001
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: https://
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:
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85487
PART 575—CONSUMER
INFORMATION
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.
2. Amend § 575.6 by removing
paragraph (a)(2) and redesignating
paragraphs (a)(3) through (5) as
paragraphs (a)(2) through (4).
■ 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.
§ 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
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85488
Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules
(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 https://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 https://
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.’’
Issued in Washington, DC.
Raymond R. Posten,
Associate Administrator for Rulemaking.
ACTION:
Revised proposed rule;
reopening of public comment period.
commented previously to submit
additional comments, if appropriate, in
light of this new information.
DATES: The comment period for the
proposed rule published July 6, 2012
(77 FR 39965) is reopened. We will
accept comments received on or before
January 27, 2017. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
Eastern Time on the closing date.
Requests for a public hearing must be
received by January 12, 2017.
ADDRESSES: You may submit comments
by one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov. Follow
instructions for submitting comments to
Docket No. FWS–R9– ES–2012–0013.
(2) U.S. mail or hand delivery: Public
Comments Processing, Attn: [FWS–R9–
[FR Doc. 2016–28125 Filed 11–25–16; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
mstockstill on DSK3G9T082PROD with PROPOSALS
50 CFR Part 17
[Docket No. FWS–R9–ES–2012–0013;
4500030115]
RIN 1018–AY38
Endangered and Threatened Wildlife
and Plants; Listing the Hyacinth
Macaw
AGENCY:
Fish and Wildlife Service,
Interior.
VerDate Sep<11>2014
16:30 Nov 25, 2016
Jkt 241001
We, the U.S. Fish and
Wildlife Service, notify the public that
we are making changes to our July 6,
2012, proposed rule to list the hyacinth
macaw (Anodorhynchus hyacinthinus)
as an endangered species under the
Endangered Species Act of 1973, as
amended (Act). Based on new
information, we now propose to list the
hyacinth macaw as a threatened species
under the Act. We also propose a
concurrent rule under section 4(d) of the
Act for this species. We are reopening
the comment period to allow comments
on the new information presented in
this document relevant to the changes
described below. Comments previously
submitted will be considered and do not
need to be resubmitted. However, we
encourage those who may have
SUMMARY:
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EP28NO16.008</GPH>
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.
]]>Agencies
[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Proposed Rules]
[Pages 85478-85488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28125]
=======================================================================
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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:
https://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 https://www.regulations.gov,
including any personal information provided.
Docket: All documents in the dockets are listed in the https://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 https://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 https://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.
---------------------------------------------------------------------------
\1\ Public Law 112-141.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\2\ 49 U.S.C. 30101(a)(8).
\3\ 49 U.S.C. 30101(a)(2).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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 https://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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\10\ The current SaferCar mobile application is available for
the iOS and Android mobile operating systems.
---------------------------------------------------------------------------
Manufacturers are currently required to include the following text
in all passenger vehicle owner's manuals: \11\
---------------------------------------------------------------------------
\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 https://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 https://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.
---------------------------------------------------------------------------
\12\ Merriam-Webster Online--https://www.merriam-webster.com/dictionary/accessible (last accessed January 23, 2013).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\16\ 67 FR 69600, at 69617-69618.
\17\ Id. at 69617.
---------------------------------------------------------------------------
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 https://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 https://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: https://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.
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[[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 https://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 https://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\ https://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\ https://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'' https://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,'' https://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.
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\28\ 49 CFR 553.21.
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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.
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\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.
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Accordingly, we encourage you to consult the guidelines in
preparing your comments. OMB's guidelines may be accessed at https://www.whitehouse.gov/omb/fedreg_reproducible (last accessed January 2,
2014), and DOT's guidelines may be accessed at https://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.
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\30\ 61 FR 4729 (Feb. 7, 1996).
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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: https://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 https://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 https://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
