Interpretation ID: toyota

Mr. Yaichi Oishi
General Manager
Government Affairs Division
Toyota Technical Center, USA, Inc.
1850 M Street, NW
Washington, DC 20036

Dear Mr. Oishi:

This responds to your December 22, 1997 letter concerning the telltale requirement for air bag retrofit on-off switches adopted in 49 CFR Part 595 by a November 21, 1997 final rule (62 FR 62406). You ask whether you may use a telltale design which contains the required words "DRIVER AIR BAG OFF" and "PASSENGER AIR BAG OFF," but in a different word order.

Part 595.5(b)(3)(ii)(B) states that "the telltale for an air bag shall have the identifying words "DRIVER AIR BAG OFF" or "PASSENGER AIR BAG OFF" as appropriate, on the telltale or within 25 mm of the telltale."

You state that your proposed design would consist of three sections: a top section in which the word "AIRBAG" will be centrally located and illuminated in green, a middle portion which will have two telltales each consisting of the word "OFF" which would be illuminated when an air bag had been deactivated by the on-off switch, and a bottom portion consisting of the words "Driver" or "Passenger" in white lettering and under the appropriate telltale. You do not state whether the words "AIRBAG", "Driver" and "Passenger" will all be within 25 mm of their respective telltales.

The proposed design contains all of the words required in the final rule, although in a different order. NHTSA generally requires the exact wording as set forth in the regulatory text where warning labels are concerned. The Agency is concerned that allowing significant flexibility in warning label designs could lead to consumer confusion as to the meaning of the warning label. Thus, while there may be some flexibility regarding the size and format of lettering, depending on the specific regulatory text, the word order generally cannot be changed.

Nevertheless, NHTSA has decided to interpret Part 595 more broadly in this instance in light of several factors. First, it believes the telltale at issue is easily understandable. Second, the agency does not wish to unduly delay the introduction of a retrofit on-off switch. However, the agency wishes to make it clear that its opinion concerning diversion from exact word order is limited to this interpretation request and should not be construed as precedent for how we would interpret other requirements in this or other regulations. This includes the requirement that the words "AIRBAG", "Driver" and "Passenger" be within 25mm of the words "OFF" which serve as the telltale.

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

Sincerely,
John Womack,
Acting Chief Counsel
ref:595
d.1/20/98