Interpretation ID: WarningLabel-GF

Mr. Gerald Plante
Governmental Affairs
Subaru of America, Inc.
PO Box 6000
Cherry Hill, NJ 08034-6000

Dear Mr. Plante:

This responds to your e-mail of December 19, 2002, concerning certain labeling requirements found in S4.5.1 of Federal Motor Vehicle Safety Standard No. 208, Occupant crash protection (FMVSS No. 208). Specifically you ask what constitutes the "message area" in S4.5.1(b)(2)(ii) and S4.5.1(e)(2)(ii) and the corresponding Figures 8 and 9. Since your correspondence was received, the National Highway Traffic Safety Administration (NHTSA) has added an additional label that is depicted in Figure 11. [1] The new figure mirrors Figure 8 in all respects except for the addition of a new information bullet, and the two labels will be considered together.

S4.5.1(b)(2), S4.5.1(c), S4.5.1(e)(2) detail the warning label requirements for vehicles certified to the advanced air bag requirements of FMVSS No. 208. The required sun visor warning label must conform in content with the label depicted in Figure 8 or Figure 11 of the standard and must also comply with the formatting requirements specified in S4.5.1(b)(2)(i) through S4.5.1(b)(2)(iv). [2] S4.5.1(b)(2)(ii) requires that the message area within the warning label be no less than 30 cm². S4.5.1(b)(2)(iii) contains a separate requirement that the pictogram be no less than 30 mm (1.2 in) in length. For the removable dashboard label depicted in Figure 9, the message area within the warning label must be no less than 30 cm² (S4.5.1(e)(2)(ii)). Figures 8 and 11 do not have a clear demarcation between the text area and the pictogram. Further, part of the required text in Figures 8 and 11, "even with advanced air bags," is located directly above the pictogram.

In your correspondence you offer four possible interpretations of the term "message area" for Figures 8 and 11 and three possible interpretations of the term for Figure 9.

For Figures 8 and 11 the possible options are as follows:
1) the entire label is the message area;
2) all of the label other than the yellow heading area is the message area;
3) all of the label other than the yellow heading area and the pictogram is the message area; or
4) only the portion of the label with bulleted information is the message area.

For Figure 9 the possible options are as follows:
1) the entire label is the message area;
2) all of the label other than the yellow heading area is the message area; or
3) all of the label other than the yellow heading area and the phrase "even with advanced air bags" is the message area.

The message area described in S4.5.1(b)(2)(ii) refers to the text of the label and the introductory statement of "even with advanced air bags," located above the text and the pictogram, but not to the pictogram. We construe the statement "even with advanced air bags" as a part of the message area because it is not shaded yellow and thus is not part of the heading area. The message area for Figure 9 is all of the label other than the yellow header.

Figures 8, 9, and 11 are based on the sun visor air bag labels depicted in Figures 6a, 6b, and 7 of the standard, which were adopted in 1996. Figures 6a and 6b contain a vertical line separating the message area and the pictogram, although the requirement for these lines is not contained within the regulatory text. Figure 7 depicts a temporary dashboard label with no pictogram. In adopting the new label requirements, NHTSA specified separate dimensions for the message area and the pictogram area. In the preamble to the 1996 Final Rule introducing new label requirements, NHTSA stated that "[t]he agency expects that manufacturers will ensure the English text of each labels fills the 30 cm² area." See 61 Fed. Reg. 60206 at 60210, (Nov. 27, 1996). This statement demonstrates NHTSA's intent that the 30 cm² message area contain only text.

When NHTSA published the advanced air bag final rule on May 12, 2000, it adopted the new Figures 8 and 9 with the same minimum message area and pictogram dimensions as the earlier adopted figures. The agency had no intention of reducing the size of the required warning labels. If the pictogram were considered part of the message area in Figures 8 and 11, the effect would be a significant reduction in the minimum size requirements for the English text of the label. Such a reduction in size was not contemplated by NHTSA.

In order to clarify how to measure the message area, we are providing an explanation of the following parameters. The "message area" consists of the total label area minus the yellow heading area and the pictogram. The pictogram area is enclosed on the left side and bottom by the edge of the label. The right side of the pictogram is defined by a vertical line midway between the rightmost edge of the pictogram and the left most edge of the text, including any bullets. The top edge of the pictogram area is defined by a horizontal line midway between the uppermost edge of the pictogram and the lowermost edge of the text (see Figure 1).

S4.5.1(e)(2)(ii) requires that a message area within the Figure 9 warning label be no less than 30 cm². Unlike the aforementioned warning label specified in S4.5.1(b) and Figures 8 and 11, the S4.5.1(e) warning label does not have a pictogram. Rather, it contains only a yellow heading area and a message area. As with Figures 8 and 11, the statement "even with advanced air bags" is a part of the message area because it is not shaded yellow and thus is not part of the heading area. Accordingly, the message area comprises the entire lower part of label below the heading area shaded in yellow (see Figure 2).

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

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
Ref:208
d.5/6/03

Figure 1. "message area" is represented by broken lines

• NOTE: the above diagram is not to scale and does not include the required pictogram and shading

Figure 2. "message area" is represented by broken lines

• NOTE: the above diagram is not to scale and does not include the required shading