Vehicle Identification Number Requirements, 56027-56036 [E7-18925]
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Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
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§ 117.481
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[FR Doc. E7–19422 Filed 10–1–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 565
[Docket No. NHTSA–2007–27830]
RIN 2127–AJ99
Vehicle Identification Number
Requirements
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
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AGENCY:
SUMMARY: Based on concerns that the
supply of unique available Vehicle
Identification Numbers is diminishing,
NHTSA is proposing to amend the
agency’s Vehicle Identification Number
(VIN) regulation. The amendment
would ensure that there will be a
sufficient number of unique
manufacturer identifiers and VINs for
the current 17-character VIN system to
use for at least another 30 years. This
NPRM also proposes other changes to
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the VIN requirements, such as
proposing to require that certain vehicle
characteristics of low speed vehicles
(LSVs) must be reflected in the VIN of
LSVs. This rulemaking also responds to
a petition for rulemaking from SAE
International (SAE).
DATES: You should submit your
comments early enough to ensure that
Docket Management receives them not
later than November 16, 2007. Proposed
effective date of final rule: assuming
that a final rule is issued, NHTSA
proposes that the changes adopted by
the rule would be mandatory beginning
with model year 2010 and later model
year vehicles manufactured on or after
September 1, 2009.
ADDRESSES: You may submit comments
identified by the above DOT Docket
Number by any of the following
methods:
If filing comments by September 27,
2007, please use:
• Web Site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the Department of
Transportation Docket Management
System electronic docket site. No
electronic submissions will be accepted
between September 28, 2007, and
October 1, 2007.
If filing comments on or after October
1, 2007, use:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Alternatively, you can file comments
using the following methods:
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: 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
without change to https://
www.dms.dot.gov or https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
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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).
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov until September 27, 2007,
or the street address listed above. The
DOT docket may be offline at times
between September 28 through
September 30 to migrate to the Federal
Docket Management System (FDMS).
On October 1, 2007, the Internet access
to the docket will be at https://
www.regulations.gov. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: For
technical issues, you may call Mr. Ken
Hardie, Office of Rulemaking
(Telephone: 202–366–6987) (Fax: 202–
493–2739). For legal issues, you may
call Ms. Rebecca Schade, Office of Chief
Counsel (Telephone: 202–366–2992)
(Fax: 202–366–3820). You may send
mail to these officials at the National
Highway Traffic Safety Administration,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Petitioner’s Suggested Changes; NHTSA’s
Decisions on the Petition
a. The Content Requirements of the VIN
Section 1: Positions 1–3, the Manufacturer
Identifier (§ 565.6(a))
Section 2: Positions 4–8, Attributes Of The
Specific Type Of Vehicle Involved
(§ 565.6(b))
Section 3: Position 9, the Check Digit
(§ 565.6(c))
Section 4: Positions 10–17, Additional
Vehicle-Specific Information (§ 565.6(d))
b. Petitioner’s Suggested Changes for LowSpeed Vehicles
c. Other Aspects of the VIN Regulation
III. Summary of Key Proposed Changes
IV. Effective Date
V. Public Participation
VI. Rulemaking Analyses and Notices
I. Background
NHTSA requires vehicles to be
marked with vehicle identification
numbers (VINs) to simplify vehicle
identification information retrieval and
to increase the accuracy and efficiency
of vehicle recall campaigns (49 Code of
Federal Regulations (CFR) Part 565,
‘‘Vehicle Identification Number
Requirements’’). The VIN has become
the key identifier in data systems that
track compliance with Federal and state
safety programs and that manage and
analyze information on vehicle
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manufacturing processes, registrations,
insurance programs, crash
investigations and safety research.
Organizations that utilize VINs in data
systems include NHTSA,
manufacturers, state motor vehicle
departments, law enforcement agencies,
insurance companies, and motor vehicle
safety researchers.
49 CFR Part 565 stipulates the system
under which each new vehicle sold in
the United States receives a unique VIN.
When Part 565 went into effect
beginning in October of 1980, it was
anticipated that the permutations
available under the 17-character system
described in Part 565 would provide a
sufficient number of unique VINs and
manufacturer identifiers such that, as
required by Part 565, ‘‘the VINs of any
two vehicles manufactured within a 30year period shall not be identical.’’ That
30-year period is anticipated to expire
in 2010.
Based on concerns that the supply of
unique available VINs is shrinking,
SAE’s Vehicle Identification Number/
World Manufacturer Identifier
Technical Committee (‘‘the committee’’
or ‘‘the petitioner’’) 1 petitioned 2
NHTSA to modify the requirements of
Part 565 such that unique VINs would
be able to be provided for at least
another thirty years. NHTSA is issuing
this proposal so that unique VINs will
continue to be available for vehicles
manufactured for sale in this country.
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II. Petitioner’s Suggested Changes;
NHTSA’s Decisions on the Petition
This section sets forth the petitioner’s
suggested changes to the VIN
requirements. These are marked in
bullet format, and are followed by
NHTSA’s response to each suggested
change. As discussed below, NHTSA
generally agrees with most of the
petitioner’s suggestions. To the extent
the agency does not agree, the reasons
for doing so are explained.
NHTSA generally concurs with the
petitioner’s suggested amendments to
the VIN requirements (except as noted)
because the agency tentatively
1 Organizations represented on the committee
included: General Motors, International Truck and
Engine Corporation, RL Polk & Company, The Hill
Group, Freightliner Truck Division, American
Association of Motor Vehicle Administrators,
American Suzuki Motor Corporation, Harley
Davidson Motor Company, Motorcycle Industry
Council, Ford Motor Company, Transport Canada,
National Insurance Crime Bureau (NICB),
DaimlerChrysler Corporation, and NHTSA.
Representatives from Clifford Thames IMS in the
United Kingdom, the Highway Loss Data Institute,
and Caterpillar, Inc. were also given the
opportunity to comment on the committee’s work.
2 Petition dated October 31, 2005; corrected
February 23, 2006. A letter granting the petition was
sent March 7, 2006.
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concludes that the changes would
achieve two objectives: They would
increase the number of manufacturer
identifiers and VINs available for the
foreseeable future, thus preserving the
one vehicle-one VIN structure, and they
would preserve the 17-character VIN
system, thereby avoiding the potential
imposition of substantial costs on the
many current users of VINs in data
systems. NHTSA agrees with the
petitioner that the current supply of
manufacturer identifiers available for
large manufacturers in this country
could expire in the near future. That,
coupled with the rising likelihood of
duplicate VINs occurring, would
adversely impact the many
organizations that maintain an orderly
system for identifying and tracking
vehicles.
a. The Content Requirements of the VIN
The VIN regulation (49 CFR Part 565)
requires that VINs must consist of 17
characters in a fixed format. The VIN
regulation (at § 565.6) separates the 17character VIN into four sections: (a)
Section 1: Positions 1–3, the
manufacturer identifier; (b) Section 2:
Positions 4–8, attributes of the specific
type of vehicle involved; (c) Section 3:
Position 9, the check digit; and (d)
Section 4: Positions 10–17, additional
vehicle-specific information.
Section 1: Positions 1–3, the
Manufacturer Identifier (§ 565.6(a))
The VIN regulation requires this
section to consist of three characters
that uniquely identify the manufacturer,
make, and type of the motor vehicle if
the manufacturer produces 500 or more
motor vehicles of its type annually. If
the manufacturer produces fewer than
500 motor vehicles of its type annually,
these characters along with three
characters of the fourth section
(positions 12–14) shall uniquely
identify the manufacturer, make, and
type of the motor vehicle.
The petitioner was particularly
concerned about the supply of unique
manufacturer identifiers for large U.S.
manufacturers. NHTSA contracts with
SAE to coordinate the assignment of
manufacturer identifiers (§ 565.7(a)). In
issuing the identifiers, SAE ensures that
the identifier complies with both Part
565 and the requirements of
International Standard 3780, Road
vehicles—world manufacturer identifier
(WMI) code (dated 1983). In
International Standard 3780, Ref. No.
ISO 3780–1983 (E), the manufacturer
identifier is referred to as the World
Manufacturer Identifier (WMI).
International Standard 3780 requires the
first character of the WMI to represent
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the geographic area of the world in
which the subject vehicle was
manufactured. The second character of
a WMI must indicate the country
(although the standard does not specify
how to determine what country should
be indicated, e.g., place of manufacture,
place of final assembly, place of
company headquarters, etc.). In contrast,
§ 565.6(a) currently requires that
manufacturers communicate
manufacturer, make, and type of motor
vehicle in the first three positions of a
VIN.
• The petitioner states that, to comply
with Part 565, large manufacturers (as
defined in the standard) in this country
with multiple makes of vehicles have
needed multiple manufacturer
identifiers, which the petitioner believes
is draining the supply of manufacturer
identifiers/WMIs for producers in this
country. The petitioner requests
eliminating the Part 565 requirement
that the manufacturer identifier identify
the vehicle ‘‘make,’’ stating that, ‘‘The
elimination of the ‘make’ would allow
for the use of a ‘corporate’ WMI for each
vehicle ‘type’ with the vehicle ‘make’
described elsewhere in the VIN.’’
According to SAE, not only do U.S.
manufacturers have a large number of
vehicle makes for which separate
manufacturer identifiers are now
required, more than fifty new large
manufacturer identifiers are issued to
them each year. SAE indicates that only
approximately 400–450 large
manufacturer identifiers remain in the
current system.
NHTSA’s response: We are proposing
the suggested change regarding vehicle
make. The most pressing concern
relating to the VIN system is the rapidly
dwindling number of unique available
manufacturer identifiers for large
manufacturers in the U.S., as described
above. The proposed changes would
positively affect the supply of those
identifiers available for large
manufacturers in two ways. First, by
moving vehicle make from the
manufacturer identifier to the second
section of the VIN, there would be a
substantial reduction in the
proliferation of new manufacturer
identifiers for large manufacturers.
Since manufacturers in the U.S. would
no longer need to communicate vehicle
make in the identifier to comply with
Part 565, they would not have to obtain
new manufacturer identifiers in the near
future and possibly ever. (This NPRM
proposes to amend Table 1 of Part 565
to establish the ‘‘vehicle make’’ as a
required information element for each
vehicle type. See discussion relating to
Section 2, infra.)
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Second, since they will no longer
need to communicate vehicle make in
the identifier to comply with Part 565,
many major manufacturers in the U.S.
will have an immediate excess of
manufacturer identifiers. It is
anticipated that over time many of these
large manufacturers will release some,
perhaps many, of the manufacturer
identifiers that have been previously
issued to them.3 These released
manufacturer identifiers could then be
assigned to other manufacturers as
needed. Comments are requested on the
likelihood and implications of
manufacturers releasing previouslyissued identifiers that are no longer in
use. The agency is particularly
interested in receiving comments on
this from large manufacturers.
Exactly how many WMIs these
changes to Part 565 would make
available to the VIN system cannot be
determined. The initial supply of 3,267
large manufacturer identifiers has lasted
for 30 years. Under the proposed
revisions to Part 565, the only time large
manufacturers will need a new
manufacturer identifier is when they
begin to manufacture a new vehicle
type. The only other drain on the supply
of available manufacturer identifiers
will come from new large manufacturers
that emerge. The agency believes that
the proposed changes to the VIN system,
particularly removing vehicle make
from the information that must be
communicated in the manufacturer
identifier, should result in a supply of
available manufacturer identifiers that
will last for approximately the next 30
years.
• Section 565.6(a) specifies a
production threshold of 500 units for
determining whether a WMI must be
comprised of three VIN positions or of
six positions. The petitioner states that
in practice, U.S. manufacturers assigned
six character WMIs produce nearly 900
units annually before the SAE replaces
their six-character WMIs with ‘‘large
manufacturer’’ (three-character) WMIs.
The petitioner suggests that the
threshold for using a six-character WMI
should be raised to 900 units ‘‘to align
the regulation with actual practice.’’
NHTSA’s response: We agree that the
production threshold should be raised,
but propose to raise it to 1000 units
rather than 900 units as suggested by the
petitioner. Currently, Part 565 requires
small manufacturers (making fewer than
500 vehicles of a given type per year) to
have a six-character manufacturer
identifier, using VIN positions 12–14 in
3 Some of the large manufacturers represented on
the SAE committee indicated that this could likely
occur.
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addition to positions 1–3 for their
manufacturer identifier. Small
manufacturers then use the last three
VIN positions (15–17) for sequentially
numbering their vehicles. The petition
indicated that small manufacturers often
seek a large manufacturer identifier after
the threshold of 500 vehicles has been
exceeded. Whenever this occurs, the
small manufacturer is in technical
violation of Part 565. Moreover, the
small manufacturer remains in technical
violation by continuing to produce
vehicles, because it has all the numbers
from 501 to 999 left to number its
vehicles sequentially before it faces the
more serious problem of no longer being
able to do so.
The petition requested a threshold in
Part 565 of 900 vehicles, so that a
manufacturer that reaches this level of
production would still have 99 numbers
left before running out of available
numbers for sequentially numbering
vehicles. The petitioner anticipates that
reaching a 900-unit threshold would
prompt a manufacturer to approach SAE
to obtain a large manufacturer identifier
before it runs out of numbers.
NHTSA has two concerns with the
900-vehicle threshold proposed by the
petition. First, specifically incorporating
a new threshold of 900 units into Part
565 would perpetuate the current
situation, albeit in fewer instances,
where it is easily possible for a
manufacturer to be in technical
violation of Part 565. Second, there is
little apparent benefit to setting the
cutoff at 900 vehicles as opposed to 999,
particularly in this era of virtually
instant communication.
NHTSA therefore proposes to amend
Part 565 such that a ‘‘high-volume
manufacturer,’’ which the regulation
would define as one producing 1,000 or
more vehicles, must use a three-digit
manufacturer identifier, and a ‘‘lowvolume manufacturer,’’ which would be
defined as a manufacturer that produces
fewer than 1,000 vehicles, must use a
six-digit manufacturer identifier. This
should eliminate the problem of small
manufacturers finding themselves in
technical violation, because they will
run out of unique available VINs (which
will prevent them from selling
additional vehicles produced) at the
same time that they need to seek a new
manufacturer identifier. Comments are
requested on the threshold of 999 units,
and on whether the VIN regulation
should specify that all requests to the
SAE for manufacturer identifiers should
include ‘‘proposed production levels for
vehicles of this type.’’ (The latter
approach was suggested by the
petitioner.)
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• The petitioner states that the SAE
has assigned WMIs such that the
presence of a ‘‘9’’ in the third VIN
position indicates that the VIN contains
a six-character WMI. The petition states
that the committee has discovered that
users of VIN information are typically
unaware of this information, and
requests that § 565.6(a) include a
reference to this number ‘‘9’’ in the third
position ‘‘to aid field comprehension of
the VIN structure.’’
The agency agrees with this reasoning
and is proposing to add a sentence
explaining the significance of the ‘‘9’’ to
this section.
Section 2: Positions 4–8, Attributes of
the Specific Type of Vehicle Involved
(§ 565.6(b))
The VIN regulation (§ 565.6(b))
specifies that the second section must
consist of five characters, occupying
positions four through eight in the VIN,
which uniquely identify the attributes of
the vehicle as specified in Table 1 of
Part 565. The regulation specifies that
positions four and five be alphabetic
characters and that position six must be
a numeric value for all passenger cars,
multipurpose passenger vehicles
(MPVs) and trucks with a gross vehicle
weight rating of 4,536 kilograms (kg)
(10,000 pounds (lbs)) or less. The
regulation also specifies that position
seven must be a numeric value for those
vehicles.
• The petitioner states that
§ 565.6(b)’s limitations on use of
alphabetic and numeric values are more
restrictive than both the SAE and ISO
standards for vehicle identification,
resulting in what the petitioner believes
to be ‘‘VIN structures that are difficult
to decode’’ or in ‘‘less refinement and
resolution in VIN information available
to users of the VIN content.’’ The
petitioner believes that allowing either
alphabetic or numeric characters in
positions four through six of the VIN
would result in greater flexibility to
manufacturers, allow for more
descriptive vehicle information, and
achieve harmonization with the ISO
identification standard. Moreover, the
petitioner states that if alphabetic
characters in position seven of the VIN
were permitted, ‘‘the number of possible
combinations would increase from the
approximately 53,000 currently
available to slightly more than 826,000
possible combinations.’’ Petitioner
suggests that the change would ensure
that no identical VINs will exist in a 60year period,4 which consists of the 304 The general requirements of the VIN regulation
specify that the VINs of any two vehicles
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year period covered by the current
regulation plus the additional 30 years
that would result from the changes
proposed in this NPRM.
NHTSA’s response: We have
tentatively decided that the petitioner’s
approach has merit. According to the
petitioner’s estimates, the proposed
changes should add at least several
hundred thousand new unique available
VINs, and probably many more. For
example, the petition calculates that just
for the changes proposed for positions
4–7 of the VIN, there should be a total
of 826,551 combinations as compared to
52,900 available under the current Part
565. This number is derived from the
fact that there will be a total of 33
characters (23 alphabetic plus 10
numeric) available in each of positions
4–6 and 23 characters in position 7
under the proposed changes, whereas
under the current Part 565 there are 23
characters (alphabetic only) available in
positions 4 and 5 and 10 characters
available (numeric only) in positions 6
and 7. Thus:
Current total combinations, positions
4–7: 23 × 23 × 10 × 10 = 52,900
Proposed total combinations,
positions 4–7: 33 × 33 × 33 × 23 =
826,551.
Additionally, in any given year the
factors that will further affect the
number of unique VINs available to any
specific manufacturer include, among
others: the 33 characters available in
position 8 of the VIN, which will allow
for permutations in just the second
section of the VIN (positions 4–8) in the
millions (the maximum possible would
be 826,551 × 33 = 27,276,183); the
number of manufacturer identifiers a
manufacturer has or that are available to
be issued to that manufacturer; the
change in the VIN digit for the model
year (see discussion, infra); the number
of plants a manufacturer has since each
plant is indicated by a specific character
in position 11 of the VIN (see
discussion, infra); and the sequential
numbering of vehicles. The cumulative
effect of these factors increases
substantially the current number of
VINs available under Part 565.
Comments are requested on the
proposed changes. Chief among the
concerns of the petitioner when
formulating the suggested revisions to
the VIN requirements was how to
expand significantly the quantity of
manufactured within a 30-year period must not be
identical (§ 565.4(d)). The petitioner believes there
is a likelihood, though small, of repeating VINs at
a 31-year interval, and suggested that § 565.4 be
amended to specify a 60-year period. We tentatively
conclude that the requested change has merit, and
are proposing to amend § 565.4(d) to ensure nonrepeatability of VINs.
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unique available manufacturer
identifiers and VINs without imposing
significant costs associated with data
systems that use or rely on 17-character
VINs. The petitioner believes that the
suggested changes to the VIN system
would achieve those goals. NHTSA has
tentatively agreed with this
determination. Comments are requested
on whether this conclusion is correct.
• As mentioned earlier in this
preamble, this NPRM proposes to
amend Table 1 of Part 565 to establish
the ‘‘vehicle make’’ as an information
element required in positions four
through eight of the VIN for each
vehicle type. This change complements
the proposal that vehicle make be
removed from the manufacturer
identifier (Section 1 of the current VIN).
• An attribute of passenger cars that
is specified in Table 1 is ‘‘restraint
system type.’’ The petitioner states: ‘‘To
make identification of restraint system
more effective, we request amendment
of Part 565.6(b) to require that a
manufacturer shall uniquely identify the
type and location of all restraint devices
on every passenger car.’’ NHTSA agrees
that the proposal has merit, since
information on the type and location of
all restraint devices in the vehicle could
be useful to safety researchers and other
analysts. Moreover, NHTSA requests
comments on whether this information
should be required for all passenger
vehicles, not just passenger cars.
Section 3: Position 9, the Check Digit
(§ 565.6(c))
The third VIN section consists of one
character in the 9th position, called the
‘‘check digit.’’ This reflects a
mathematical computation specified in
§ 565(c)(1) through (4) that is based on
the other VIN characters and serves as
a check against typographical errors that
may occur in transcribing a VIN.
• The petitioner asked that a table it
developed be added to § 565.6(c)(4) to
‘‘clarify the check digit value.’’ The
petitioner explained that the table
provides a reference for the correct
check digit value to use based on both
a fractional and decimal equivalent
remainder. The petitioner stated: ‘‘The
committee believes that the inclusion of
a decimal equivalent remainder is
important due to widespread use of
electronic calculation devices.’’ The
petitioner therefore suggested changing
the sample check digit calculation
shown currently in Table V of
§ 565.6(c)(5) to include a decimal
equivalent remainder.
NHTSA’s response: We agree that
including the suggested table would
likely help clarify the correct check digit
value to be used, to the extent that there
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is confusion on this issue. Changing the
sample calculation to include a decimal
equivalent remainder makes sense given
the addition of the proposed table.
Comments are requested on whether
these changes are necessary or helpful.
Section 4: Positions 10–17, Additional
Vehicle-Specific Information
(§ 565.6(d))
The fourth section consists of eight
characters occupying positions 10–17,
and includes sequential numbering of
vehicles. Positions 10 and 11 are for the
model year and plant of manufacture,
respectively. For manufacturers of 1,000
or more vehicles of a given type,
positions 12 through 17 are used to
sequentially number groups of similar
vehicles that are manufactured by the
manufacturer.
• For manufacturers initially
intending to produce fewer than 500 of
a type of vehicle, VIN positions 12–14
are additional characters used for the
manufacturer identifier specific to the
manufacturer. The petitioner states that
the VIN regulation implies that VIN
position twelve must be numeric, and
specifically requires that positions
thirteen and fourteen be numeric. The
petitioner requests that the regulation be
amended to explicitly allow VIN
positions twelve through fourteen to use
alphabetic or numeric characters when
those positions are used as part of the
manufacturer identifier of a small
manufacturer.
NHTSA’s response: We concur that
for manufacturers that produce less than
1,000 vehicles per model year, allowing
either alphabetic or numeric characters
in positions 12–14 as part of the sixcharacter manufacturer identifier
significantly expands the number of
unique manufacturer identifiers
available to them. The resultant number
of additional manufacturer identifiers is
at least 12,167 (23 new characters
(excluding I, O, and Q) available in each
of positions 12–14; 23 × 23 × 23 =
12,167). According to SAE, currently
about 300 new manufacturer identifiers
are issued each year for these
manufacturers. At this rate, the
proposed changes would add at least
forty years’ worth of manufacturer
identifiers for small manufacturers.
• Table VI of § 565.6(d)(1) sets forth
codes that are used in position 10 of the
VIN to indicate the vehicle model year.
Currently, the table goes up to year
2013. The petitioner suggested changing
the table to include codes up to and
including the year 2039, since the
petitioner believes that with ‘‘the
adoption of the petition content listed
above, the current VIN structure will
have long-term viability.’’ NHTSA is
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proposing this change to Table VI for
the reasons provided by the petitioner.
b. Petitioner’s Suggested Changes for
Low-Speed Vehicles
Federal Motor Vehicle Safety
Standard (FMVSS) No. 500, ‘‘Low-speed
vehicles,’’ requires low-speed vehicles
(LSVs) 5 to have a VIN that conforms to
the requirements of part 565 (FMVSS
No. 500, S5(b)(9)). However, the
application section of Part 565 does not
include LSVs, and there are no
substantive requirements in Part 565 for
these vehicles.
• The petition asked NHTSA to
amend the application section of the
VIN regulation (§ 565.2) to include
LSVs, and to amend § 565.4(f) to specify
where the VIN must be located in LSVs.
In addition, the petitioner suggested that
Table 1 of § 565.6(b) include ‘‘specific
requirements for positions four through
eight (4–8) of VINs assigned to LSVs to
clearly identify this class of vehicle.’’
The petition did not suggest which
elements should be included in Table 1
to achieve this result.
NHTSA’s response: We are granting
this request. Amending the application
section of Part 565 would make the
regulation clearer and more consistent
with FMVSS No. 500. Specifying where
the VIN must be located in LSVs would
ensure that the VIN is accessible and
legible.
FMVSS No. 500 requires LSVs to be
equipped with headlamps, front and
rear turn signal lamps, taillamps, stop
lamps, reflex reflectors of specified
colors, exterior mirrors, a parking brake,
a windshield, and a lap or lap and
shoulder seat belt assembly at each
designated seating position (S5, FMVSS
No. 500). NHTSA tentatively concludes
that some of these attributes should be
decipherable from the VIN of an LSV,
since information about these attributes
could be useful in analyses of crashes,
theft, or other matters. These attributes
are: Vehicle make, engine type, brake
system, all restraint devices and their
location, body type, and gross vehicle
weight rating. NHTSA requests
comment on whether the attributes
proposed are appropriate, and whether
other attributes should be considered as
well.
c. Other Aspects of the VIN Regulation
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• Imports
definition of an LSV is set forth in 49 CFR
571.3 as follows: Low-speed vehicle means a
vehicle, that is 4-wheeled, whose speed attainable
in 1.6 km (1 mile) is more than 32 kilometers per
hour (20 miles per hour) and not more than 40
kilometers per hour (25 miles per hour) on a paved
level surface, and whose GVWR is less than 1,361
kilograms (3,000 pounds).
Section 565.5 contains requirements
for motor vehicles imported into the
United States. Section 565.5(b) specifies
requirements for passenger cars certified
by a Registered Importer under 49 CFR
Part 592,6 but not for any other types of
vehicles. The petitioner requested
amending this section to include MPVs
and trucks with a GVWR of 4,536 kg
(10,000 lb) or less. NHTSA concurs that
this proposed change has merit since
the other vehicle types are imported by
registered importers, and has also
included low speed vehicles among the
vehicles covered by § 565.5(b) for the
same reason.
• Type Faces Permitted for a VIN
Section 565.4(i) specifies that the type
face used for each VIN shall consist of
capital, sanserif characters. The
petitioner stated that some
manufacturers have been using a
‘‘posident’’ font type face based on a
1978 NHTSA interpretation,7 and
requests that the regulation ‘‘allow the
use of a positive identification style font
face as an alternate to the current
sanserif font typeface.’’
NHTSA’s response: We are not
granting this request. The petition did
not identify the similarity or distinction
between ‘‘posident’’ font, which it
asserts is allowed under a NHTSA
interpretation, and ‘‘positive
identification style’’ font, which it
requests be allowed as an alternative.
NHTSA has insufficient information on
this matter to include it in this NPRM.
III. Summary of Key Proposed Changes
This NPRM proposes to amend Part
565 by revising certain sections in order
to extend the existing VIN system for
another thirty years, and to ensure a
sufficient supply of unique available
VINs and manufacturer identifiers for
that time period. The following points
highlight the key provisions of the
proposed requirements:
• The proposed rule would move the
location of the information conveying
vehicle make from the manufacturer
identifier to the second section of the
VIN, which should increase the supply
of unique available manufacturer
identifiers for large manufacturers,
because they will no longer need some
of the identifiers they currently have, or
need to request additional manufacturer
identifiers for new vehicle makes that
they produce.
5 The
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6 49 CFR Part 592, ‘‘Registered Importers of
Vehicles Not Originally Manufactured to Conform
to the Federal Motor Vehicle Safety Standards.’’
7 The petitioner did not identify the
interpretation. The agency assumes it is a letter to
Mr. R.W. Fink, available at https://isearch.nhtsa.gov/
aiam/aiam2912.html.
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• The proposed rule would increase
the number of characters available for
positions 4–8 of the VIN: Changing
positions 4–6 and 8 to either alphabetic
or numeric, and position 7 to
alphabetic. This is anticipated to
increase the number of unique available
VINs.
• The proposed rule would allow
either alphabetic or numeric characters
in positions 12–14 as part of the sixcharacter manufacturer identifier, which
should increase the number of
manufacturer identifiers available to
low-volume manufacturers.
• The proposed rule would add
definitions for ‘‘high-volume
manufacturer,’’ and ‘‘low-volume
manufacturer.’’ The threshold between a
high- and low-volume manufacturer is a
production output of 1000 vehicles of a
given type each year.
• The proposed rule would add lowspeed vehicles to the list of vehicles to
which Part 565 applies, and adds
attributes of LSVs that should be
identified by an LSV’s VIN.
IV. Effective Date
The petitioner suggested that the
changes take effect beginning with the
2010 model year, when the supply of
manufacturer identifiers for U.S.
manufacturers could be exhausted and
duplicate manufacturer identifiers and
VINs could begin to appear.
NHTSA tentatively concludes that a
final rule resulting from this NPRM
should be effective on a date sufficiently
early to prevent the expiration of
available manufacturer identifiers and
unique VINs, and far enough in the
future to allow various parties that will
be affected by a VIN system change to
plan for and make whatever data system
changes will be required. That date is
tentatively determined to be January 1,
2009, which corresponds to the 2010
model year suggested by the petitioner.
Model year 2010 vehicles manufactured
on or after September 1, 2009, would be
required to have a VIN meeting the new
requirements. Model year 2009 vehicles
manufactured on or after September 1,
2009 would be expected to comply with
the current regulation. NHTSA requests
comment on whether this date provides
enough lead time for those who need to
make changes to computer systems to
accommodate the changes.
V. Public Participation
How Do I Prepare and Submit
Comments?
Your comments must be written and
in English. To ensure that your
comments are filed correctly in the
Docket, please include the docket
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number of this document in your
comments.
Your comments must not be more
than 15 pages long (see 49 CFR 553.21).
We established this limit to encourage
you to write your primary comments in
a concise fashion. However, you may
attach necessary additional documents
to your comments. There is no limit on
the length of the attachments.
Please submit two copies of your
comments, including the attachments,
to Docket Management at the address
given under ADDRESSES.
You may also submit your comments
to the docket electronically by logging
onto the Dockets Management System
Web site at https://dms.dot.gov. Click on
‘‘Help & Information,’’ or ‘‘Help/Info’’ to
obtain instructions for filing the
document electronically.
How Can I Be Sure That My Comments
Were Received?
If you wish Docket Management to
notify you upon its receipt of your
comments, enclose a self-addressed,
stamped postcard in the envelope
containing your comments. Upon
receiving your comments, Docket
Management will return the postcard by
mail.
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How Do I Submit Confidential Business
Information?
If you wish to submit any information
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Chief
Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION
CONTACT. In addition, you should
submit two copies, from which you
have deleted the claimed confidential
business information, to Docket
Management at the address given above
under ADDRESSES. When you send a
comment containing information
claimed to be confidential business
information, you should include a cover
letter setting forth the information
specified in our confidential business
information regulation (49 CFR part
512).
Will The Agency Consider Late
Comments?
We will consider all comments that
Docket Management receives before the
close of business on the comment
closing date indicated above under
DATES. To the extent possible, we also
will consider comments that Docket
Management receives after that date. If
Docket Management receives a comment
too late for us to consider it in
developing the final rule, we will
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consider that comment as an informal
suggestion for future rulemaking action.
How Can I Read The Comments
Submitted By Other People?
You may read the comments received
by Docket Management at the address
given under ADDRESSES. The hours of
the Docket are indicated above in the
same location.
You also may see the comments on
the Internet. To read the comments on
the Internet, take the following steps:
1. Go to the Docket Management
System (DMS) Web page of the
Department of Transportation (https://
dms.dot.gov/).
2. On that page, click on ‘‘search.’’
3. On the next page (https://
dms.dot.gov.search/), type in the fourdigit docket number shown at the
beginning of this document. Example: If
the docket number were ‘‘NHTSA–
2007–1234,’’ you would type ‘‘1234.’’
After typing the docket number, click on
‘‘search.’’
4. On the next page, which contains
docket summary information for the
docket you selected, click on the desired
comments. Although the comments are
imaged documents, instead of word
processing documents, the ‘‘pdf’’
versions of the document are word
searchable.
Please note that even after the
comment closing date, we will continue
to file relevant information in the
Docket as it becomes available. Further,
some people may submit late comments.
Accordingly, we recommend that you
periodically check the Docket for new
material.
Note that all comments received will
be posted without change to https://
dms.dot.gov, including any personal
information provided. Please see the
Privacy Act discussion at the end of the
next section.
VI. Rulemaking Analyses and Notices
Executive Order 12866 and DOT
Regulatory Policies and Procedures
This rulemaking document was not
reviewed by the Office of Management
and Budget under E.O. 12866. It is not
considered to be significant under E.O.
12866 or the Department’s Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979). This document
proposes changes to the VIN
requirements that for the most part
provide manufacturers greater flexibility
in meeting VIN requirements:
• The proposed rule would increase
the supply of unique available
manufacturer identifiers for large
manufacturers, because they will no
longer need to request additional
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manufacturer identifiers for new vehicle
makes that they produce.
• The proposed rule would permit
the use of either alphabetic or numeric
characters in many positions of the VIN.
• The proposed rule would permit
low-volume manufacturers to
manufacture 999 vehicles (increased
from 499) before a new manufacturer
identifier is required.
• The proposed rule would reduce or
eliminate the waiting period before the
time an identifier or VIN can be used.
• The proposed rule would add lowspeed vehicles to the list of vehicles to
which Part 565 applies, and would add
attributes of LSVs that should be
identified by an LSV’s VIN.
Vehicle manufacturers, including
those of low-speed vehicles, are already
required to label their vehicles with a
VIN and report to NHTSA information
relating to deciphering the characters in
the VIN. This proposed rule would not
substantially change those
requirements. The minimal impacts of
today’s proposed amendments do not
warrant preparation of a regulatory
evaluation.
NHTSA anticipates no direct safety
impacts from this proposed rule.
However, NHTSA believes that this
NPRM has a beneficial effect on safety
in that it would ensure the continued
integrity of the VIN system (ensuring
that vehicles will continue to be
uniquely identified).
There might be some cost impacts in
changing data retrieval and
recordkeeping systems to account for
features of the VIN that might be
different than those of current VINs
(e.g., the use of alphabetic and numeric
characters in certain VIN positions).
However, NHTSA does not believe that
the costs would be significant. The
members of the committee representing
operators of data systems that utilize the
17-character VIN system indicated that
there would be some costs involved in
making software and other
modifications to data systems required
by changes proposed in the petition, but
that those costs would be extremely
small compared to what would be
required to deal with an expanded
number of VIN characters. The petition
noted that ‘‘any increase in the quantity
of characters beyond the current
seventeen would require massive
software changes to all programs that
use a motor vehicle VIN, and would
affect not only automotive OEM’s, but
also state DMV’s, local governments,
insurance companies, law enforcement
agencies, research companies, NHTSA’s
National Center for Statistics and
Analysis, as well as others.’’ Comments
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are requested on the cost of the
proposed changes to Part 565.
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Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act (5 U.S.C. 601 et seq., as amended by
the Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996), whenever an agency is required
to publish a notice of proposed
rulemaking or final rule, it must prepare
and make available for public comment
a regulatory flexibility analysis that
describes the effect of the rule on small
entities (i.e., small businesses, small
organizations, and small governmental
jurisdictions). The Small Business
Administration’s regulations at 13 CFR
Part 121 define a small business, in part,
as a business entity ‘‘which operates
primarily within the United States.’’ (13
CFR 121.105(a)). No regulatory
flexibility analysis is required if the
head of an agency certifies the rule will
not have a significant economic impact
on a substantial number of small
entities. SBREFA amended the
Regulatory Flexibility Act to require
Federal agencies to provide a statement
of the factual basis for certifying that a
rule will not have a significant
economic impact on a substantial
number of small entities.
NHTSA has considered the effects of
this proposed rule under the Regulatory
Flexibility Act. I certify that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
Any small vehicle manufacturers that
might be affected by this proposed rule
are already required to provide a VIN
and provide information to NHTSA that
enables the VIN to be deciphered.
Manufacturers of low-speed vehicles
would have to make sure that the VIN
reflects the six LSV features newly
added to Table 1 of Part 565, but the
burden associated with that
responsibility should be negligible and
would not incur a significant economic
impact.
Executive Order 13132 (Federalism)
NHTSA has examined today’s NPRM
pursuant to Executive Order 13132 (64
FR 43255, August 10, 1999) and
concluded that no additional
consultation with States, local
governments or their representatives is
mandated beyond the rulemaking
process. The agency has concluded that
the rule does not have federalism
implications because the rule does not
have ‘‘substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
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levels of government.’’ We note that the
American Association of Motor Vehicle
Administrators (AAMVA) was a
member of the SAE committee that
submitted the petition prompting this
rulemaking.
Further, no consultation is needed to
discuss the preemptive effect of today’s
proposed rule. NHTSA rules can have
preemptive effect in at least two ways.
First, the National Traffic and Motor
Vehicle Safety Act contains an express
preemptive provision: ‘‘When a motor
vehicle safety standard is in effect under
this chapter, a State or a political
subdivision of a State may prescribe or
continue in effect a standard applicable
to the same aspect of performance of a
motor vehicle or motor vehicle
equipment only if the standard is
identical to the standard prescribed
under this chapter.’’ 49 U.S.C.
30103(b)(1).
In addition to the express preemption
noted above, the Supreme Court has
also recognized that State requirements
imposed on motor vehicle
manufacturers, including sanctions
imposed by State tort law, can stand as
an obstacle to the accomplishment and
execution of a NHTSA safety standard.
When such a conflict is discerned, the
Supremacy Clause of the Constitution
makes their State requirements
unenforceable. See Geier v. American
Honda Motor Co., 529 U.S. 861 (2000).
NHTSA has not outlined such potential
State requirements in today’s
rulemaking, however, in part because
such conflicts can arise in varied
contexts, but it is conceivable that such
a conflict may become clear through
subsequent experience with today’s
proposed rule. NHTSA may opine on
such conflicts in the future, if
warranted. See id. at 883–86.
National Technology Transfer and
Advancement Act
Under the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104–113), ‘‘all Federal
agencies and departments shall use
technical standards that are developed
or adopted by voluntary consensus
standards bodies, using such technical
standards as a means to carry out policy
objectives or activities determined by
the agencies and departments.’’
Voluntary consensus standards are
technical standards (e.g., materials
specifications, test methods, sampling
procedures, and business practices) that
are developed or adopted by voluntary
consensus standards bodies, such as
SAE. The NTTAA directs us to provide
Congress, through OMB, explanations
when we decide not to use available and
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applicable voluntary consensus
standards.
This NPRM would make Part 565’s
requirements for manufacturer
identifiers and for identifying attributes
of the specific vehicle type more
consistent with SAE and ISO standards
for vehicle identification. The NPRM
would permit the use of alphabetic and
numeric characters in certain VIN
positions, which would substantially
increase harmonization of Part 565 with
the ISO identification standard.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 requires agencies to prepare a
written assessment of the costs, benefits
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local or tribal governments, in the
aggregate, or by the private sector, of
more than $100 million annually
(adjusted for inflation with base year of
1995). This final rule will not result in
expenditures by State, local or tribal
governments, in the aggregate, or by the
private sector in excess of $100 million
annually.
National Environmental Policy Act
NHTSA has analyzed this rulemaking
action for the purposes of the National
Environmental Policy Act. The agency
has determined that implementation of
this action will not have any significant
impact on the quality of the human
environment.
Executive Order 12988 (Civil Justice
Reform)
When promulgating a regulation,
Executive Order 12988 specifically
requires that the agency must make
every reasonable effort to ensure that the
regulation, as appropriate: (1) Specifies
in clear language the preemptive effect;
(2) specifies in clear language the effect
on existing Federal law or regulation,
including all provisions repealed,
circumscribed, displaced, impaired, or
modified; (3) provides a clear legal
standard for affected conduct rather
than a general standard, while
promoting simplification and burden
reduction; (4) specifies in clear language
the retroactive effect; (5) specifies
whether administrative proceedings are
to be required before parties may file
suit in court; (6) explicitly or implicitly
defines key terms; and (7) addresses
other important issues affecting clarity
and general draftsmanship of
regulations.
NHTSA has reviewed this proposed
rule according to the general
requirements and the specific
requirements for regulations set forth in
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Executive Order 12988. This proposed
rule does not result in any preemptive
effect and does not have a retroactive
effect. A petition for reconsideration or
other administrative proceeding is not
required before parties may file suit in
court.
Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA), a person is not required
to respond to a collection of information
by a Federal agency unless the
collection displays a valid OMB control
number. The Consolidated VIN
Requirements have an OMB control
number of 2127–0510. As a result of this
NPRM being made final, although the
agency may require information to be
provided in a slightly different way
(e.g., vehicle make being transferred
from the first to the second section of
the VIN), the scope of the overall
reporting requirements of Part 565 will
not change. We emphasize that there
will be no increase or decrease in the
collection of information because of this
rulemaking.
Plain Language
Executive Order 12866 and the
President’s memorandum of June 1,
1998, 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 isn’t 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.
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Regulation Identifier Number (RIN)
The Department of Transportation
assigns a regulation identifier number
(RIN) to each regulatory action listed in
the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. You may use the RIN contained in
the heading at the beginning of this
document to find this action in the
Unified Agenda.
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Privacy Act
§ 565.4
Please note that anyone is able to
search the electronic form of all
comments received into 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
(Volume 65, Number 70; Pages 19477–
78), or you may visit https://dms.dot.gov
until October 1, 2007; after October 1,
2007, you may visit https://
DocketInfo.dot.gov.
*
List of Subjects in 49 CFR Part 565
Motor vehicle safety, Reporting and
recordkeeping requirements;
incorporation by reference.
In consideration of the foregoing,
NHTSA proposes to amend 49 CFR Part
565 as follows:
PART 565—VEHICLE IDENTIFICATION
NUMBER REQUIREMENTS
1. The authority citation continues to
read as follows:
Authority: 49 U.S.C. 322, 30111, 30115,
30117, 30141, 30146, 30166, and 30168;
delegation of authority at 49 CFR 1.50.
2. In § 565.2, the first sentence is
revised to read as follows:
§ 565.2
Applicability.
This part applies to passenger cars,
multipurpose passenger vehicles,
trucks, buses, trailers (including trailer
kits), incomplete vehicles, low speed
vehicles, and motorcycles.
*
*
*
*
*
3. In § 565.3, paragraphs (i) through
(o) are redesignated as paragraphs (l)
through (r), and paragraphs (i), (j), and
(k) are added as follows:
§ 565.3
Definitions.
*
*
*
*
*
(i) Manufacturer identifier shall refer
to the first three digits of a VIN of a
vehicle, in the case of a high-volume
manufacturer, and the first three digits
of a VIN and the twelfth through
fourteenth digits of a VIN in the case of
a low-volume manufacturer.
(j) High-volume manufacturer, for
purposes of this part, means a
manufacturer of 1,000 or more vehicles
of a given type each year.
(k) Low-volume manufacturer, for
purposes of this part, means a
manufacturer of fewer than 1,000
vehicles of a given type each year.
*
*
*
*
*
4. In § 565.4, paragraphs (d) and (f) are
revised to read as follows:
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General requirements.
*
*
*
*
(d) The VINs of any two vehicles
subject to Federal motor vehicle safety
standards and manufactured within a
60-year period beginning with the 1981
model year shall not be identical.
*
*
*
*
*
(f) The VIN for passenger cars,
multipurpose passenger vehicles, low
speed vehicles, and trucks of 4536 kg or
less GVWR shall be located inside the
passenger compartment. It shall be
readable, without moving any part of
the vehicle, through the vehicle glazing
under daylight lighting conditions by an
observer having 20/20 vision (Snellen)
whose eye-point is located outside the
vehicle adjacent to the left windshield
pillar. Each character in the VIN subject
to this paragraph shall have a minimum
height of 4 mm.
*
*
*
*
*
5. In § 565.5, paragraph (b) is revised
to read as follows:
§ 565.5 Motor vehicles imported into the
United States.
*
*
*
*
*
(b) All passenger cars, multipurpose
passenger vehicles, low speed vehicles,
and trucks of 4536 kg or less GVWR
certified by a Registered Importer under
49 CFR part 592 whose VINs do not
comply with Part 565.4 and 565.5 shall
have a plate or label that contains the
following statement, in characters with
a minimum height of 4 mm, with the
identification number assigned by the
original manufacturer provided in the
blank: SUBSTITUTE FOR U.S. VIN:
lllllll SEE PART 565. The
plate or label shall conform to § 565.4
(h) and (i). The plate or label shall be
permanently affixed inside the
passenger compartment. The plate or
label shall be readable, without moving
any part of the vehicle, through the
vehicle glazing under daylight
conditions by an observer having 20/20
vision (Snellen) whose eye-point is
located outside the vehicle adjacent to
the left windshield pillar. It shall be
located in such a manner as not to
cover, obscure, or overlay any part of
any identification number affixed by the
original manufacturer. Motor vehicles
conforming to Canadian Motor Vehicle
Safety Standard 115 are exempt from
this paragraph.
6. In § 565.6:
a. paragraphs (a), (b), and (c)(4) are
revised;
b. Tables V and VI are designated as
Tables VI and VII;
c. new Table V is added at the end of
paragraph (c)(4);
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d. new Table VI is revised after
paragraph (c)(5) and new Table VII is
revised after paragraph (d)(1); and,
e. paragraph (d)(3) is revised.
These amended and new paragraphs
and tables would read as follows:
§ 565.6
(b) The second section shall consist of
five characters, which occupy positions
four through eight (4–8) in the VIN. This
section shall uniquely identify the
attributes of the vehicle as specified in
Table I. For passenger cars, and for
multipurpose passenger vehicles and
trucks with a gross vehicle weight rating
of 4536 kg (10,000 lb) or less, and low
speed vehicles, the first, second, and
third characters of this section shall be
either alphabetic or numeric. The fourth
character of this section shall be
alphabetic. The fifth character may be
either alphabetic or numeric. The
characters utilized and their placement
within the section may be determined
by the manufacturer, but the specified
attributes must be decipherable with
information supplied by the
manufacturer in accordance with
§ 565.7(c). In submitting the required
information to NHTSA relating gross
vehicle weight rating, the designations
in Table II shall be used. The use of
these designations within the VIN itself
is not required. Tables I and II follow:
Content requirements.
*
*
*
*
*
(a) The first section shall consist of
three characters that occupy positions
one through three (1–3) in the VIN. This
section shall uniquely identify the
manufacturer and type of the motor
vehicle if the manufacturer is a highvolume manufacturer. If the
manufacturer is a low-volume
manufacturer, positions one through
three (1–3) along with positions twelve
through fourteen (12–14) in the VIN
shall uniquely identify the manufacturer
and type of the motor vehicle. These
characters are assigned in accordance
with § 565.7(a). A ‘‘9’’ shall be placed in
the third position of the VIN if the
manufacturer identifier is six characters.
A ‘‘9’’ in the third position always
indicates the presence of a six-character
manufacturer identifier. The National
Highway Traffic Safety Administration
offers access to manufacturer identifier
assignments via its search engine at the
following Internet Web site: https://
www.nhtsa.dot.gov/cars/rules/
manufacture.
Table I—Type of Vehicle and
Information Decipherable
Passenger car: Make, line, series, body
type, engine type, and all restraint
devices and their location.
Multipurpose passenger vehicle:
Make, line, series, body type, engine
type, gross vehicle weight rating.
Truck: Make, model or line, series,
chassis, cab type, engine type, brake
systems and gross vehicle weight rating.
Bus: Make, model or line, series, body
type, engine type, and brake system.
Trailer, including trailer kits and
incomplete trailer: Make, type of trailer,
body type, length and axle
configuration.
Motorcycle: Make, type of motorcycle,
line, engine type, and net brake
horsepower.
Incomplete vehicle other than a
trailer: Make, model or line, series, cab
type, engine type, and brake system.
Low speed vehicle: Make, engine type,
brake system, all restraint devices and
their location, body type, and gross
vehicle weight rating.
*
*
*
*
*
(c) * * *
(4) The check digit is based on either
the Fractional Remainder or the Decimal
Equivalent Remainder as reflected in
Table V. All Decimal Equivalent
Remainders in Table V are rounded to
the nearest thousandth.
TABLE V.—NINTH POSITION CHECK DIGIT VALUES
[Rounded to the nearest thousandth]
Fractional
remainder
Decimal
equivalent
remainder
Check digit
0
1/11
2/11
3/11
4/11
5/11
6/11
7/11
8/11
9/11
10/11
0
0
0.091
1
0.182
2
0.273
3
0.364
4
0.455
5
0.545
6
0.634
7
0.727
8
0.818
9
0.909
X
The check digit, zero through nine (0–
9) or the letter ‘‘X’’ shall appear in VIN
position nine (9).
(5) A sample check digit calculation is
shown in Table VI as follows:
TABLE VI.—CALCULATION OF A CHECK DIGIT
rmajette on PROD1PC64 with PROPOSALS
VIN position ..........
Sample VIN ..........
Assigned value .....
Weight factor ........
Multiply assigned
value times
weight factor ......
1
1
1
8
2
G
7
7
3
4
4
6
4
A
1
5
5
H
8
4
6
5
5
3
7
9
9
2
8
H
8
10
9
........
........
0
10
5
5
9
11
G
7
8
12
1
1
7
13
1
1
6
14
8
8
5
15
3
3
4
16
4
4
3
17
1
1
2
8
49
24
5
32
15
18
80
0
45
56
7
6
40
12
12
2
Add products: 8+49+24+5+32+15+18+80+0+45+56+7+6+40+12+12+2 = 411.
Divide by 11: 411/11 = 37 4/11 or 37.3636.
If the fourth digit is 5 or greater, round up. If the fourth digit is 4 or smaller, round down. In the example above, the remainder is 4/11 or 0.364
when rounded up.
Looking up the remainder in Table V—Ninth Position Check Digit Values indicates that ‘4’ is the check digit to be inserted in position nine (9)
of the VIN for this sample digit calculation.
(d) * * *
VerDate Aug<31>2005
(1) The first character of the fourth
section shall represent the vehicle
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model year. The year shall be
E:\FR\FM\02OCP1.SGM
02OCP1
56036
Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
no charge. All requests for assignments
of manufacturer identifiers should be
forwarded directly to: Society of
FOR VIN
Automotive Engineers, 400
Commonwealth Drive, Warrendale,
Code
Pennsylvania, 15096, Attention: WMI
Coordinator (telephone: 724–776–4841).
5
Any requests for identifiers submitted to
6
7 NHTSA will be forwarded to SAE.
8 Manufacturers may request a specific
9 identifier or may request only
A assignment of an identifier(s). SAE will
B review requests for specific identifiers
C to determine that they do not conflict
D with an identifier already assigned or
E
F block of identifiers already reserved.
G SAE will confirm the assignments in
H writing to the requester. Once confirmed
J by SAE, the identifier need not be
K resubmitted to NHTSA.
L
(b) * * *
M
(c) * * *
N
(d) The information required under
P
paragraph (c) of this section shall be
R
S submitted at least 60 days prior to
T offering for sale the first vehicle
V identified by a VIN containing that
W information, or if information
X concerning vehicle characteristics
Y sufficient to specify the VIN code is
1 unavailable to the manufacturer by that
2
date, then within one week after that
3
4 information first becomes available. The
5 information shall be addressed to:
6 Administrator, National Highway
7 Traffic Safety Administration, 1200 New
8 Jersey Avenue, SE., Washington, DC
9 20590, Attention: VIN Coordinator.
designated as indicated in Table VII as
follows:
TABLE VII.—YEAR CODES
Year
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
(2) * * *
(3) The third through the eighth
characters of the fourth section shall
represent the number sequentially
assigned by the manufacturer in the
production process if the manufacturer
is a high-volume manufacturer. If a
manufacturer is a low-volume
manufacturer, the third, fourth, and fifth
characters of the fourth section,
combined with the three characters of
the first section, shall uniquely identify
the manufacturer and type of the motor
vehicle and the sixth, seventh, and
eighth characters of the fourth section
shall represent the number sequentially
assigned by the manufacturer in the
production process.
7. In § 565.7, paragraphs (a) and (d)
are revised to read as follows:
Issued: September 19, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E7–18925 Filed 10–1–07; 8:45 am]
§ 565.7
AGENCY:
Reporting requirements.
rmajette on PROD1PC64 with PROPOSALS
*
*
*
*
*
(a) The National Highway Traffic
Safety Administration (NHTSA) has
contracted with the Society of
Automotive Engineers (SAE) to
coordinate the assignment of
manufacturer identifiers. Manufacturer
identifiers will be supplied by SAE at
VerDate Aug<31>2005
15:27 Oct 01, 2007
Jkt 214001
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 070612190–7326–01]
RIN 0648–AV58
Atlantic Highly Migratory Species;
2008 Atlantic Bluefin Tuna Quota
Specifications and Effort Controls
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments; notice of public hearings.
SUMMARY: NMFS proposes initial 2008
fishing year specifications for the
PO 00000
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Fmt 4702
Sfmt 4702
Atlantic bluefin tuna (BFT) fishery to set
BFT quotas for each of the established
domestic fishing categories and to set
effort controls for the General category
and Angling category. This action is
necessary to implement
recommendations of the International
Commission for the Conservation of
Atlantic Tunas (ICCAT), as required by
the Atlantic Tunas Convention Act
(ATCA), and to achieve domestic
management objectives under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). NMFS solicits
written comments and will hold public
hearings in October 2007 to receive oral
comments on these proposed actions.
DATES: Written comments must be
received on or before November 1, 2007.
The public hearing dates are:
1. October 3, 2007, 7 p.m. to 9 p.m.,
Silver Spring, MD.
2. October 23, 2007, 3 p.m. to 5 p.m.,
Gloucester, MA.
ADDRESSES: You may submit comments,
identified by ‘‘0648–AV58’’, by any one
of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov
• Fax: 978–281–9340, Attn: Sarah
McLaughlin
• Mail: Sarah McLaughlin, Highly
Migratory Species Management
Division, Office of Sustainable Fisheries
(F/SF1), NMFS, One Blackburn Dr.,
Gloucester, MA 01930
Instructions: All comments received
are a part of the public record and will
generally be posted to Portal https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
The hearing locations are:
1. Silver Spring — NOAA Science
Center, 1301 East-West Highway, Silver
Spring, MD 20910.
2. Gloucester — NMFS, One
Blackburn Drive, Gloucester, MA 01930.
Supporting documents including the
2007 Environmental Assessment, Initial
Regulatory Flexibility Analysis, and
Regulatory Impact Review are available
by sending your request to Sarah
McLaughlin at the mailing address
specified above.
E:\FR\FM\02OCP1.SGM
02OCP1
Agencies
[Federal Register Volume 72, Number 190 (Tuesday, October 2, 2007)]
[Proposed Rules]
[Pages 56027-56036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18925]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 565
[Docket No. NHTSA-2007-27830]
RIN 2127-AJ99
Vehicle Identification Number Requirements
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: Based on concerns that the supply of unique available Vehicle
Identification Numbers is diminishing, NHTSA is proposing to amend the
agency's Vehicle Identification Number (VIN) regulation. The amendment
would ensure that there will be a sufficient number of unique
manufacturer identifiers and VINs for the current 17-character VIN
system to use for at least another 30 years. This NPRM also proposes
other changes to the VIN requirements, such as proposing to require
that certain vehicle characteristics of low speed vehicles (LSVs) must
be reflected in the VIN of LSVs. This rulemaking also responds to a
petition for rulemaking from SAE International (SAE).
DATES: You should submit your comments early enough to ensure that
Docket Management receives them not later than November 16, 2007.
Proposed effective date of final rule: assuming that a final rule is
issued, NHTSA proposes that the changes adopted by the rule would be
mandatory beginning with model year 2010 and later model year vehicles
manufactured on or after September 1, 2009.
ADDRESSES: You may submit comments identified by the above DOT Docket
Number by any of the following methods:
If filing comments by September 27, 2007, please use:
Web Site: https://dms.dot.gov. Follow the instructions for
submitting comments on the Department of Transportation Docket
Management System electronic docket site. No electronic submissions
will be accepted between September 28, 2007, and October 1, 2007.
If filing comments on or after October 1, 2007, use:
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Alternatively, you can file comments using the following methods:
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Instructions: 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 without change
to https://www.dms.dot.gov or https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
Privacy Act: Anyone is able to search the electronic form of all
comments received into 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).
Docket: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov until September 27, 2007,
or the street address listed above. The DOT docket may be offline at
times between September 28 through September 30 to migrate to the
Federal Docket Management System (FDMS). On October 1, 2007, the
Internet access to the docket will be at https://www.regulations.gov.
Follow the online instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: For technical issues, you may call Mr.
Ken Hardie, Office of Rulemaking (Telephone: 202-366-6987) (Fax: 202-
493-2739). For legal issues, you may call Ms. Rebecca Schade, Office of
Chief Counsel (Telephone: 202-366-2992) (Fax: 202-366-3820). You may
send mail to these officials at the National Highway Traffic Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue, SE., West Building, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Petitioner's Suggested Changes; NHTSA's Decisions on the
Petition
a. The Content Requirements of the VIN
Section 1: Positions 1-3, the Manufacturer Identifier (Sec.
565.6(a))
Section 2: Positions 4-8, Attributes Of The Specific Type Of
Vehicle Involved (Sec. 565.6(b))
Section 3: Position 9, the Check Digit (Sec. 565.6(c))
Section 4: Positions 10-17, Additional Vehicle-Specific
Information (Sec. 565.6(d))
b. Petitioner's Suggested Changes for Low-Speed Vehicles
c. Other Aspects of the VIN Regulation
III. Summary of Key Proposed Changes
IV. Effective Date
V. Public Participation
VI. Rulemaking Analyses and Notices
I. Background
NHTSA requires vehicles to be marked with vehicle identification
numbers (VINs) to simplify vehicle identification information retrieval
and to increase the accuracy and efficiency of vehicle recall campaigns
(49 Code of Federal Regulations (CFR) Part 565, ``Vehicle
Identification Number Requirements''). The VIN has become the key
identifier in data systems that track compliance with Federal and state
safety programs and that manage and analyze information on vehicle
[[Page 56028]]
manufacturing processes, registrations, insurance programs, crash
investigations and safety research. Organizations that utilize VINs in
data systems include NHTSA, manufacturers, state motor vehicle
departments, law enforcement agencies, insurance companies, and motor
vehicle safety researchers.
49 CFR Part 565 stipulates the system under which each new vehicle
sold in the United States receives a unique VIN. When Part 565 went
into effect beginning in October of 1980, it was anticipated that the
permutations available under the 17-character system described in Part
565 would provide a sufficient number of unique VINs and manufacturer
identifiers such that, as required by Part 565, ``the VINs of any two
vehicles manufactured within a 30-year period shall not be identical.''
That 30-year period is anticipated to expire in 2010.
Based on concerns that the supply of unique available VINs is
shrinking, SAE's Vehicle Identification Number/World Manufacturer
Identifier Technical Committee (``the committee'' or ``the
petitioner'') \1\ petitioned \2\ NHTSA to modify the requirements of
Part 565 such that unique VINs would be able to be provided for at
least another thirty years. NHTSA is issuing this proposal so that
unique VINs will continue to be available for vehicles manufactured for
sale in this country.
---------------------------------------------------------------------------
\1\ Organizations represented on the committee included: General
Motors, International Truck and Engine Corporation, RL Polk &
Company, The Hill Group, Freightliner Truck Division, American
Association of Motor Vehicle Administrators, American Suzuki Motor
Corporation, Harley Davidson Motor Company, Motorcycle Industry
Council, Ford Motor Company, Transport Canada, National Insurance
Crime Bureau (NICB), DaimlerChrysler Corporation, and NHTSA.
Representatives from Clifford Thames IMS in the United Kingdom, the
Highway Loss Data Institute, and Caterpillar, Inc. were also given
the opportunity to comment on the committee's work.
\2\ Petition dated October 31, 2005; corrected February 23,
2006. A letter granting the petition was sent March 7, 2006.
---------------------------------------------------------------------------
II. Petitioner's Suggested Changes; NHTSA's Decisions on the Petition
This section sets forth the petitioner's suggested changes to the
VIN requirements. These are marked in bullet format, and are followed
by NHTSA's response to each suggested change. As discussed below, NHTSA
generally agrees with most of the petitioner's suggestions. To the
extent the agency does not agree, the reasons for doing so are
explained.
NHTSA generally concurs with the petitioner's suggested amendments
to the VIN requirements (except as noted) because the agency
tentatively concludes that the changes would achieve two objectives:
They would increase the number of manufacturer identifiers and VINs
available for the foreseeable future, thus preserving the one vehicle-
one VIN structure, and they would preserve the 17-character VIN system,
thereby avoiding the potential imposition of substantial costs on the
many current users of VINs in data systems. NHTSA agrees with the
petitioner that the current supply of manufacturer identifiers
available for large manufacturers in this country could expire in the
near future. That, coupled with the rising likelihood of duplicate VINs
occurring, would adversely impact the many organizations that maintain
an orderly system for identifying and tracking vehicles.
a. The Content Requirements of the VIN
The VIN regulation (49 CFR Part 565) requires that VINs must
consist of 17 characters in a fixed format. The VIN regulation (at
Sec. 565.6) separates the 17-character VIN into four sections: (a)
Section 1: Positions 1-3, the manufacturer identifier; (b) Section 2:
Positions 4-8, attributes of the specific type of vehicle involved; (c)
Section 3: Position 9, the check digit; and (d) Section 4: Positions
10-17, additional vehicle-specific information.
Section 1: Positions 1-3, the Manufacturer Identifier (Sec. 565.6(a))
The VIN regulation requires this section to consist of three
characters that uniquely identify the manufacturer, make, and type of
the motor vehicle if the manufacturer produces 500 or more motor
vehicles of its type annually. If the manufacturer produces fewer than
500 motor vehicles of its type annually, these characters along with
three characters of the fourth section (positions 12-14) shall uniquely
identify the manufacturer, make, and type of the motor vehicle.
The petitioner was particularly concerned about the supply of
unique manufacturer identifiers for large U.S. manufacturers. NHTSA
contracts with SAE to coordinate the assignment of manufacturer
identifiers (Sec. 565.7(a)). In issuing the identifiers, SAE ensures
that the identifier complies with both Part 565 and the requirements of
International Standard 3780, Road vehicles--world manufacturer
identifier (WMI) code (dated 1983). In International Standard 3780,
Ref. No. ISO 3780-1983 (E), the manufacturer identifier is referred to
as the World Manufacturer Identifier (WMI). International Standard 3780
requires the first character of the WMI to represent the geographic
area of the world in which the subject vehicle was manufactured. The
second character of a WMI must indicate the country (although the
standard does not specify how to determine what country should be
indicated, e.g., place of manufacture, place of final assembly, place
of company headquarters, etc.). In contrast, Sec. 565.6(a) currently
requires that manufacturers communicate manufacturer, make, and type of
motor vehicle in the first three positions of a VIN.
The petitioner states that, to comply with Part 565, large
manufacturers (as defined in the standard) in this country with
multiple makes of vehicles have needed multiple manufacturer
identifiers, which the petitioner believes is draining the supply of
manufacturer identifiers/WMIs for producers in this country. The
petitioner requests eliminating the Part 565 requirement that the
manufacturer identifier identify the vehicle ``make,'' stating that,
``The elimination of the `make' would allow for the use of a
`corporate' WMI for each vehicle `type' with the vehicle `make'
described elsewhere in the VIN.'' According to SAE, not only do U.S.
manufacturers have a large number of vehicle makes for which separate
manufacturer identifiers are now required, more than fifty new large
manufacturer identifiers are issued to them each year. SAE indicates
that only approximately 400-450 large manufacturer identifiers remain
in the current system.
NHTSA's response: We are proposing the suggested change regarding
vehicle make. The most pressing concern relating to the VIN system is
the rapidly dwindling number of unique available manufacturer
identifiers for large manufacturers in the U.S., as described above.
The proposed changes would positively affect the supply of those
identifiers available for large manufacturers in two ways. First, by
moving vehicle make from the manufacturer identifier to the second
section of the VIN, there would be a substantial reduction in the
proliferation of new manufacturer identifiers for large manufacturers.
Since manufacturers in the U.S. would no longer need to communicate
vehicle make in the identifier to comply with Part 565, they would not
have to obtain new manufacturer identifiers in the near future and
possibly ever. (This NPRM proposes to amend Table 1 of Part 565 to
establish the ``vehicle make'' as a required information element for
each vehicle type. See discussion relating to Section 2, infra.)
[[Page 56029]]
Second, since they will no longer need to communicate vehicle make
in the identifier to comply with Part 565, many major manufacturers in
the U.S. will have an immediate excess of manufacturer identifiers. It
is anticipated that over time many of these large manufacturers will
release some, perhaps many, of the manufacturer identifiers that have
been previously issued to them.\3\ These released manufacturer
identifiers could then be assigned to other manufacturers as needed.
Comments are requested on the likelihood and implications of
manufacturers releasing previously-issued identifiers that are no
longer in use. The agency is particularly interested in receiving
comments on this from large manufacturers.
---------------------------------------------------------------------------
\3\ Some of the large manufacturers represented on the SAE
committee indicated that this could likely occur.
---------------------------------------------------------------------------
Exactly how many WMIs these changes to Part 565 would make
available to the VIN system cannot be determined. The initial supply of
3,267 large manufacturer identifiers has lasted for 30 years. Under the
proposed revisions to Part 565, the only time large manufacturers will
need a new manufacturer identifier is when they begin to manufacture a
new vehicle type. The only other drain on the supply of available
manufacturer identifiers will come from new large manufacturers that
emerge. The agency believes that the proposed changes to the VIN
system, particularly removing vehicle make from the information that
must be communicated in the manufacturer identifier, should result in a
supply of available manufacturer identifiers that will last for
approximately the next 30 years.
Section 565.6(a) specifies a production threshold of 500
units for determining whether a WMI must be comprised of three VIN
positions or of six positions. The petitioner states that in practice,
U.S. manufacturers assigned six character WMIs produce nearly 900 units
annually before the SAE replaces their six-character WMIs with ``large
manufacturer'' (three-character) WMIs. The petitioner suggests that the
threshold for using a six-character WMI should be raised to 900 units
``to align the regulation with actual practice.''
NHTSA's response: We agree that the production threshold should be
raised, but propose to raise it to 1000 units rather than 900 units as
suggested by the petitioner. Currently, Part 565 requires small
manufacturers (making fewer than 500 vehicles of a given type per year)
to have a six-character manufacturer identifier, using VIN positions
12-14 in addition to positions 1-3 for their manufacturer identifier.
Small manufacturers then use the last three VIN positions (15-17) for
sequentially numbering their vehicles. The petition indicated that
small manufacturers often seek a large manufacturer identifier after
the threshold of 500 vehicles has been exceeded. Whenever this occurs,
the small manufacturer is in technical violation of Part 565. Moreover,
the small manufacturer remains in technical violation by continuing to
produce vehicles, because it has all the numbers from 501 to 999 left
to number its vehicles sequentially before it faces the more serious
problem of no longer being able to do so.
The petition requested a threshold in Part 565 of 900 vehicles, so
that a manufacturer that reaches this level of production would still
have 99 numbers left before running out of available numbers for
sequentially numbering vehicles. The petitioner anticipates that
reaching a 900-unit threshold would prompt a manufacturer to approach
SAE to obtain a large manufacturer identifier before it runs out of
numbers.
NHTSA has two concerns with the 900-vehicle threshold proposed by
the petition. First, specifically incorporating a new threshold of 900
units into Part 565 would perpetuate the current situation, albeit in
fewer instances, where it is easily possible for a manufacturer to be
in technical violation of Part 565. Second, there is little apparent
benefit to setting the cutoff at 900 vehicles as opposed to 999,
particularly in this era of virtually instant communication.
NHTSA therefore proposes to amend Part 565 such that a ``high-
volume manufacturer,'' which the regulation would define as one
producing 1,000 or more vehicles, must use a three-digit manufacturer
identifier, and a ``low-volume manufacturer,'' which would be defined
as a manufacturer that produces fewer than 1,000 vehicles, must use a
six-digit manufacturer identifier. This should eliminate the problem of
small manufacturers finding themselves in technical violation, because
they will run out of unique available VINs (which will prevent them
from selling additional vehicles produced) at the same time that they
need to seek a new manufacturer identifier. Comments are requested on
the threshold of 999 units, and on whether the VIN regulation should
specify that all requests to the SAE for manufacturer identifiers
should include ``proposed production levels for vehicles of this
type.'' (The latter approach was suggested by the petitioner.)
The petitioner states that the SAE has assigned WMIs such
that the presence of a ``9'' in the third VIN position indicates that
the VIN contains a six-character WMI. The petition states that the
committee has discovered that users of VIN information are typically
unaware of this information, and requests that Sec. 565.6(a) include a
reference to this number ``9'' in the third position ``to aid field
comprehension of the VIN structure.''
The agency agrees with this reasoning and is proposing to add a
sentence explaining the significance of the ``9'' to this section.
Section 2: Positions 4-8, Attributes of the Specific Type of Vehicle
Involved (Sec. 565.6(b))
The VIN regulation (Sec. 565.6(b)) specifies that the second
section must consist of five characters, occupying positions four
through eight in the VIN, which uniquely identify the attributes of the
vehicle as specified in Table 1 of Part 565. The regulation specifies
that positions four and five be alphabetic characters and that position
six must be a numeric value for all passenger cars, multipurpose
passenger vehicles (MPVs) and trucks with a gross vehicle weight rating
of 4,536 kilograms (kg) (10,000 pounds (lbs)) or less. The regulation
also specifies that position seven must be a numeric value for those
vehicles.
The petitioner states that Sec. 565.6(b)'s limitations on
use of alphabetic and numeric values are more restrictive than both the
SAE and ISO standards for vehicle identification, resulting in what the
petitioner believes to be ``VIN structures that are difficult to
decode'' or in ``less refinement and resolution in VIN information
available to users of the VIN content.'' The petitioner believes that
allowing either alphabetic or numeric characters in positions four
through six of the VIN would result in greater flexibility to
manufacturers, allow for more descriptive vehicle information, and
achieve harmonization with the ISO identification standard. Moreover,
the petitioner states that if alphabetic characters in position seven
of the VIN were permitted, ``the number of possible combinations would
increase from the approximately 53,000 currently available to slightly
more than 826,000 possible combinations.'' Petitioner suggests that the
change would ensure that no identical VINs will exist in a 60-year
period,\4 \which consists of the 30-
[[Page 56030]]
year period covered by the current regulation plus the additional 30
years that would result from the changes proposed in this NPRM.
---------------------------------------------------------------------------
\4\ The general requirements of the VIN regulation specify that
the VINs of any two vehicles manufactured within a 30-year period
must not be identical (Sec. 565.4(d)). The petitioner believes
there is a likelihood, though small, of repeating VINs at a 31-year
interval, and suggested that Sec. 565.4 be amended to specify a 60-
year period. We tentatively conclude that the requested change has
merit, and are proposing to amend Sec. 565.4(d) to ensure non-
repeatability of VINs.
---------------------------------------------------------------------------
NHTSA's response: We have tentatively decided that the petitioner's
approach has merit. According to the petitioner's estimates, the
proposed changes should add at least several hundred thousand new
unique available VINs, and probably many more. For example, the
petition calculates that just for the changes proposed for positions 4-
7 of the VIN, there should be a total of 826,551 combinations as
compared to 52,900 available under the current Part 565. This number is
derived from the fact that there will be a total of 33 characters (23
alphabetic plus 10 numeric) available in each of positions 4-6 and 23
characters in position 7 under the proposed changes, whereas under the
current Part 565 there are 23 characters (alphabetic only) available in
positions 4 and 5 and 10 characters available (numeric only) in
positions 6 and 7. Thus:
Current total combinations, positions 4-7: 23 x 23 x 10 x 10 =
52,900
Proposed total combinations, positions 4-7: 33 x 33 x 33 x 23 =
826,551.
Additionally, in any given year the factors that will further
affect the number of unique VINs available to any specific manufacturer
include, among others: the 33 characters available in position 8 of the
VIN, which will allow for permutations in just the second section of
the VIN (positions 4-8) in the millions (the maximum possible would be
826,551 x 33 = 27,276,183); the number of manufacturer identifiers a
manufacturer has or that are available to be issued to that
manufacturer; the change in the VIN digit for the model year (see
discussion, infra); the number of plants a manufacturer has since each
plant is indicated by a specific character in position 11 of the VIN
(see discussion, infra); and the sequential numbering of vehicles. The
cumulative effect of these factors increases substantially the current
number of VINs available under Part 565.
Comments are requested on the proposed changes. Chief among the
concerns of the petitioner when formulating the suggested revisions to
the VIN requirements was how to expand significantly the quantity of
unique available manufacturer identifiers and VINs without imposing
significant costs associated with data systems that use or rely on 17-
character VINs. The petitioner believes that the suggested changes to
the VIN system would achieve those goals. NHTSA has tentatively agreed
with this determination. Comments are requested on whether this
conclusion is correct.
As mentioned earlier in this preamble, this NPRM proposes
to amend Table 1 of Part 565 to establish the ``vehicle make'' as an
information element required in positions four through eight of the VIN
for each vehicle type. This change complements the proposal that
vehicle make be removed from the manufacturer identifier (Section 1 of
the current VIN).
An attribute of passenger cars that is specified in Table
1 is ``restraint system type.'' The petitioner states: ``To make
identification of restraint system more effective, we request amendment
of Part 565.6(b) to require that a manufacturer shall uniquely identify
the type and location of all restraint devices on every passenger
car.'' NHTSA agrees that the proposal has merit, since information on
the type and location of all restraint devices in the vehicle could be
useful to safety researchers and other analysts. Moreover, NHTSA
requests comments on whether this information should be required for
all passenger vehicles, not just passenger cars.
Section 3: Position 9, the Check Digit (Sec. 565.6(c))
The third VIN section consists of one character in the 9th
position, called the ``check digit.'' This reflects a mathematical
computation specified in Sec. 565(c)(1) through (4) that is based on
the other VIN characters and serves as a check against typographical
errors that may occur in transcribing a VIN.
The petitioner asked that a table it developed be added to
Sec. 565.6(c)(4) to ``clarify the check digit value.'' The petitioner
explained that the table provides a reference for the correct check
digit value to use based on both a fractional and decimal equivalent
remainder. The petitioner stated: ``The committee believes that the
inclusion of a decimal equivalent remainder is important due to
widespread use of electronic calculation devices.'' The petitioner
therefore suggested changing the sample check digit calculation shown
currently in Table V of Sec. 565.6(c)(5) to include a decimal
equivalent remainder.
NHTSA's response: We agree that including the suggested table would
likely help clarify the correct check digit value to be used, to the
extent that there is confusion on this issue. Changing the sample
calculation to include a decimal equivalent remainder makes sense given
the addition of the proposed table. Comments are requested on whether
these changes are necessary or helpful.
Section 4: Positions 10-17, Additional Vehicle-Specific Information
(Sec. 565.6(d))
The fourth section consists of eight characters occupying positions
10-17, and includes sequential numbering of vehicles. Positions 10 and
11 are for the model year and plant of manufacture, respectively. For
manufacturers of 1,000 or more vehicles of a given type, positions 12
through 17 are used to sequentially number groups of similar vehicles
that are manufactured by the manufacturer.
For manufacturers initially intending to produce fewer
than 500 of a type of vehicle, VIN positions 12-14 are additional
characters used for the manufacturer identifier specific to the
manufacturer. The petitioner states that the VIN regulation implies
that VIN position twelve must be numeric, and specifically requires
that positions thirteen and fourteen be numeric. The petitioner
requests that the regulation be amended to explicitly allow VIN
positions twelve through fourteen to use alphabetic or numeric
characters when those positions are used as part of the manufacturer
identifier of a small manufacturer.
NHTSA's response: We concur that for manufacturers that produce
less than 1,000 vehicles per model year, allowing either alphabetic or
numeric characters in positions 12-14 as part of the six-character
manufacturer identifier significantly expands the number of unique
manufacturer identifiers available to them. The resultant number of
additional manufacturer identifiers is at least 12,167 (23 new
characters (excluding I, O, and Q) available in each of positions 12-
14; 23 x 23 x 23 = 12,167). According to SAE, currently about 300 new
manufacturer identifiers are issued each year for these manufacturers.
At this rate, the proposed changes would add at least forty years'
worth of manufacturer identifiers for small manufacturers.
Table VI of Sec. 565.6(d)(1) sets forth codes that are
used in position 10 of the VIN to indicate the vehicle model year.
Currently, the table goes up to year 2013. The petitioner suggested
changing the table to include codes up to and including the year 2039,
since the petitioner believes that with ``the adoption of the petition
content listed above, the current VIN structure will have long-term
viability.'' NHTSA is
[[Page 56031]]
proposing this change to Table VI for the reasons provided by the
petitioner.
b. Petitioner's Suggested Changes for Low-Speed Vehicles
Federal Motor Vehicle Safety Standard (FMVSS) No. 500, ``Low-speed
vehicles,'' requires low-speed vehicles (LSVs) \5\ to have a VIN that
conforms to the requirements of part 565 (FMVSS No. 500, S5(b)(9)).
However, the application section of Part 565 does not include LSVs, and
there are no substantive requirements in Part 565 for these vehicles.
---------------------------------------------------------------------------
\5\ The definition of an LSV is set forth in 49 CFR 571.3 as
follows: Low-speed vehicle means a vehicle, that is 4-wheeled, whose
speed attainable in 1.6 km (1 mile) is more than 32 kilometers per
hour (20 miles per hour) and not more than 40 kilometers per hour
(25 miles per hour) on a paved level surface, and whose GVWR is less
than 1,361 kilograms (3,000 pounds).
---------------------------------------------------------------------------
The petition asked NHTSA to amend the application section
of the VIN regulation (Sec. 565.2) to include LSVs, and to amend Sec.
565.4(f) to specify where the VIN must be located in LSVs. In addition,
the petitioner suggested that Table 1 of Sec. 565.6(b) include
``specific requirements for positions four through eight (4-8) of VINs
assigned to LSVs to clearly identify this class of vehicle.'' The
petition did not suggest which elements should be included in Table 1
to achieve this result.
NHTSA's response: We are granting this request. Amending the
application section of Part 565 would make the regulation clearer and
more consistent with FMVSS No. 500. Specifying where the VIN must be
located in LSVs would ensure that the VIN is accessible and legible.
FMVSS No. 500 requires LSVs to be equipped with headlamps, front
and rear turn signal lamps, taillamps, stop lamps, reflex reflectors of
specified colors, exterior mirrors, a parking brake, a windshield, and
a lap or lap and shoulder seat belt assembly at each designated seating
position (S5, FMVSS No. 500). NHTSA tentatively concludes that some of
these attributes should be decipherable from the VIN of an LSV, since
information about these attributes could be useful in analyses of
crashes, theft, or other matters. These attributes are: Vehicle make,
engine type, brake system, all restraint devices and their location,
body type, and gross vehicle weight rating. NHTSA requests comment on
whether the attributes proposed are appropriate, and whether other
attributes should be considered as well.
c. Other Aspects of the VIN Regulation
Imports
Section 565.5 contains requirements for motor vehicles imported
into the United States. Section 565.5(b) specifies requirements for
passenger cars certified by a Registered Importer under 49 CFR Part
592,\6\ but not for any other types of vehicles. The petitioner
requested amending this section to include MPVs and trucks with a GVWR
of 4,536 kg (10,000 lb) or less. NHTSA concurs that this proposed
change has merit since the other vehicle types are imported by
registered importers, and has also included low speed vehicles among
the vehicles covered by Sec. 565.5(b) for the same reason.
---------------------------------------------------------------------------
\6\ 49 CFR Part 592, ``Registered Importers of Vehicles Not
Originally Manufactured to Conform to the Federal Motor Vehicle
Safety Standards.''
---------------------------------------------------------------------------
Type Faces Permitted for a VIN
Section 565.4(i) specifies that the type face used for each VIN
shall consist of capital, sanserif characters. The petitioner stated
that some manufacturers have been using a ``posident'' font type face
based on a 1978 NHTSA interpretation,\7\ and requests that the
regulation ``allow the use of a positive identification style font face
as an alternate to the current sanserif font typeface.''
---------------------------------------------------------------------------
\7\ The petitioner did not identify the interpretation. The
agency assumes it is a letter to Mr. R.W. Fink, available at https://
isearch.nhtsa.gov/aiam/aiam2912.html.
---------------------------------------------------------------------------
NHTSA's response: We are not granting this request. The petition
did not identify the similarity or distinction between ``posident''
font, which it asserts is allowed under a NHTSA interpretation, and
``positive identification style'' font, which it requests be allowed as
an alternative. NHTSA has insufficient information on this matter to
include it in this NPRM.
III. Summary of Key Proposed Changes
This NPRM proposes to amend Part 565 by revising certain sections
in order to extend the existing VIN system for another thirty years,
and to ensure a sufficient supply of unique available VINs and
manufacturer identifiers for that time period. The following points
highlight the key provisions of the proposed requirements:
The proposed rule would move the location of the
information conveying vehicle make from the manufacturer identifier to
the second section of the VIN, which should increase the supply of
unique available manufacturer identifiers for large manufacturers,
because they will no longer need some of the identifiers they currently
have, or need to request additional manufacturer identifiers for new
vehicle makes that they produce.
The proposed rule would increase the number of characters
available for positions 4-8 of the VIN: Changing positions 4-6 and 8 to
either alphabetic or numeric, and position 7 to alphabetic. This is
anticipated to increase the number of unique available VINs.
The proposed rule would allow either alphabetic or numeric
characters in positions 12-14 as part of the six-character manufacturer
identifier, which should increase the number of manufacturer
identifiers available to low-volume manufacturers.
The proposed rule would add definitions for ``high-volume
manufacturer,'' and ``low-volume manufacturer.'' The threshold between
a high- and low-volume manufacturer is a production output of 1000
vehicles of a given type each year.
The proposed rule would add low-speed vehicles to the list
of vehicles to which Part 565 applies, and adds attributes of LSVs that
should be identified by an LSV's VIN.
IV. Effective Date
The petitioner suggested that the changes take effect beginning
with the 2010 model year, when the supply of manufacturer identifiers
for U.S. manufacturers could be exhausted and duplicate manufacturer
identifiers and VINs could begin to appear.
NHTSA tentatively concludes that a final rule resulting from this
NPRM should be effective on a date sufficiently early to prevent the
expiration of available manufacturer identifiers and unique VINs, and
far enough in the future to allow various parties that will be affected
by a VIN system change to plan for and make whatever data system
changes will be required. That date is tentatively determined to be
January 1, 2009, which corresponds to the 2010 model year suggested by
the petitioner. Model year 2010 vehicles manufactured on or after
September 1, 2009, would be required to have a VIN meeting the new
requirements. Model year 2009 vehicles manufactured on or after
September 1, 2009 would be expected to comply with the current
regulation. NHTSA requests comment on whether this date provides enough
lead time for those who need to make changes to computer systems to
accommodate the changes.
V. Public Participation
How Do I Prepare and Submit Comments?
Your comments must be written and in English. To ensure that your
comments are filed correctly in the Docket, please include the docket
[[Page 56032]]
number of this document in your comments.
Your comments must not be more than 15 pages long (see 49 CFR
553.21). We established this limit to encourage you to write your
primary comments in a concise fashion. However, you may attach
necessary additional documents to your comments. There is no limit on
the length of the attachments.
Please submit two copies of your comments, including the
attachments, to Docket Management at the address given under ADDRESSES.
You may also submit your comments to the docket electronically by
logging onto the Dockets Management System Web site at https://
dms.dot.gov. Click on ``Help & Information,'' or ``Help/Info'' to
obtain instructions for filing the document electronically.
How Can I Be Sure That My Comments Were Received?
If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How Do I Submit Confidential Business Information?
If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. In addition, you should
submit two copies, from which you have deleted the claimed confidential
business information, to Docket Management at the address given above
under ADDRESSES. When you send a comment containing information claimed
to be confidential business information, you should include a cover
letter setting forth the information specified in our confidential
business information regulation (49 CFR part 512).
Will The Agency Consider Late Comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we also will consider
comments that Docket Management receives after that date. If Docket
Management receives a comment too late for us to consider it in
developing the final rule, we will consider that comment as an informal
suggestion for future rulemaking action.
How Can I Read The Comments Submitted By Other People?
You may read the comments received by Docket Management at the
address given under ADDRESSES. The hours of the Docket are indicated
above in the same location.
You also may see the comments on the Internet. To read the comments
on the Internet, take the following steps:
1. Go to the Docket Management System (DMS) Web page of the
Department of Transportation (https://dms.dot.gov/).
2. On that page, click on ``search.''
3. On the next page (https://dms.dot.gov.search/), type in the four-
digit docket number shown at the beginning of this document. Example:
If the docket number were ``NHTSA-2007-1234,'' you would type ``1234.''
After typing the docket number, click on ``search.''
4. On the next page, which contains docket summary information for
the docket you selected, click on the desired comments. Although the
comments are imaged documents, instead of word processing documents,
the ``pdf'' versions of the document are word searchable.
Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.
Note that all comments received will be posted without change to
https://dms.dot.gov, including any personal information provided. Please
see the Privacy Act discussion at the end of the next section.
VI. Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking document was not reviewed by the Office of
Management and Budget under E.O. 12866. It is not considered to be
significant under E.O. 12866 or the Department's Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979). This document proposes
changes to the VIN requirements that for the most part provide
manufacturers greater flexibility in meeting VIN requirements:
The proposed rule would increase the supply of unique
available manufacturer identifiers for large manufacturers, because
they will no longer need to request additional manufacturer identifiers
for new vehicle makes that they produce.
The proposed rule would permit the use of either
alphabetic or numeric characters in many positions of the VIN.
The proposed rule would permit low-volume manufacturers to
manufacture 999 vehicles (increased from 499) before a new manufacturer
identifier is required.
The proposed rule would reduce or eliminate the waiting
period before the time an identifier or VIN can be used.
The proposed rule would add low-speed vehicles to the list
of vehicles to which Part 565 applies, and would add attributes of LSVs
that should be identified by an LSV's VIN.
Vehicle manufacturers, including those of low-speed vehicles, are
already required to label their vehicles with a VIN and report to NHTSA
information relating to deciphering the characters in the VIN. This
proposed rule would not substantially change those requirements. The
minimal impacts of today's proposed amendments do not warrant
preparation of a regulatory evaluation.
NHTSA anticipates no direct safety impacts from this proposed rule.
However, NHTSA believes that this NPRM has a beneficial effect on
safety in that it would ensure the continued integrity of the VIN
system (ensuring that vehicles will continue to be uniquely
identified).
There might be some cost impacts in changing data retrieval and
recordkeeping systems to account for features of the VIN that might be
different than those of current VINs (e.g., the use of alphabetic and
numeric characters in certain VIN positions). However, NHTSA does not
believe that the costs would be significant. The members of the
committee representing operators of data systems that utilize the 17-
character VIN system indicated that there would be some costs involved
in making software and other modifications to data systems required by
changes proposed in the petition, but that those costs would be
extremely small compared to what would be required to deal with an
expanded number of VIN characters. The petition noted that ``any
increase in the quantity of characters beyond the current seventeen
would require massive software changes to all programs that use a motor
vehicle VIN, and would affect not only automotive OEM's, but also state
DMV's, local governments, insurance companies, law enforcement
agencies, research companies, NHTSA's National Center for Statistics
and Analysis, as well as others.'' Comments
[[Page 56033]]
are requested on the cost of the proposed changes to Part 565.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of proposed rulemaking or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR Part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' (13 CFR 121.105(a)). No
regulatory flexibility analysis is required if the head of an agency
certifies the rule will not have a significant economic impact on a
substantial number of small entities. SBREFA amended the Regulatory
Flexibility Act to require Federal agencies to provide a statement of
the factual basis for certifying that a rule will not have a
significant economic impact on a substantial number of small entities.
NHTSA has considered the effects of this proposed rule under the
Regulatory Flexibility Act. I certify that this proposed rule would not
have a significant economic impact on a substantial number of small
entities. Any small vehicle manufacturers that might be affected by
this proposed rule are already required to provide a VIN and provide
information to NHTSA that enables the VIN to be deciphered.
Manufacturers of low-speed vehicles would have to make sure that the
VIN reflects the six LSV features newly added to Table 1 of Part 565,
but the burden associated with that responsibility should be negligible
and would not incur a significant economic impact.
Executive Order 13132 (Federalism)
NHTSA has examined today's NPRM pursuant to Executive Order 13132
(64 FR 43255, August 10, 1999) and concluded that no additional
consultation with States, local governments or their representatives is
mandated beyond the rulemaking process. The agency has concluded that
the rule does not have federalism implications because the rule does
not have ``substantial direct effects on the 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.'' We note that the American Association of Motor Vehicle
Administrators (AAMVA) was a member of the SAE committee that submitted
the petition prompting this rulemaking.
Further, no consultation is needed to discuss the preemptive effect
of today's proposed rule. NHTSA rules can have preemptive effect in at
least two ways. First, the National Traffic and Motor Vehicle Safety
Act contains an express preemptive provision: ``When a motor vehicle
safety standard is in effect under this chapter, a State or a political
subdivision of a State may prescribe or continue in effect a standard
applicable to the same aspect of performance of a motor vehicle or
motor vehicle equipment only if the standard is identical to the
standard prescribed under this chapter.'' 49 U.S.C. 30103(b)(1).
In addition to the express preemption noted above, the Supreme
Court has also recognized that State requirements imposed on motor
vehicle manufacturers, including sanctions imposed by State tort law,
can stand as an obstacle to the accomplishment and execution of a NHTSA
safety standard. When such a conflict is discerned, the Supremacy
Clause of the Constitution makes their State requirements
unenforceable. See Geier v. American Honda Motor Co., 529 U.S. 861
(2000). NHTSA has not outlined such potential State requirements in
today's rulemaking, however, in part because such conflicts can arise
in varied contexts, but it is conceivable that such a conflict may
become clear through subsequent experience with today's proposed rule.
NHTSA may opine on such conflicts in the future, if warranted. See id.
at 883-86.
National Technology Transfer and Advancement Act
Under the National Technology Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall
use technical standards that are developed or adopted by voluntary
consensus standards bodies, using such technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments.'' Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as SAE. The NTTAA directs us
to provide Congress, through OMB, explanations when we decide not to
use available and applicable voluntary consensus standards.
This NPRM would make Part 565's requirements for manufacturer
identifiers and for identifying attributes of the specific vehicle type
more consistent with SAE and ISO standards for vehicle identification.
The NPRM would permit the use of alphabetic and numeric characters in
certain VIN positions, which would substantially increase harmonization
of Part 565 with the ISO identification standard.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
(adjusted for inflation with base year of 1995). This final rule will
not result in expenditures by State, local or tribal governments, in
the aggregate, or by the private sector in excess of $100 million
annually.
National Environmental Policy Act
NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this action will not have any significant impact on
the quality of the human environment.
Executive Order 12988 (Civil Justice Reform)
When promulgating a regulation, Executive Order 12988 specifically
requires that the agency must make every reasonable effort to ensure
that the regulation, as appropriate: (1) Specifies in clear language
the preemptive effect; (2) specifies in clear language the effect on
existing Federal law or regulation, including all provisions repealed,
circumscribed, displaced, impaired, or modified; (3) provides a clear
legal standard for affected conduct rather than a general standard,
while promoting simplification and burden reduction; (4) specifies in
clear language the retroactive effect; (5) specifies whether
administrative proceedings are to be required before parties may file
suit in court; (6) explicitly or implicitly defines key terms; and (7)
addresses other important issues affecting clarity and general
draftsmanship of regulations.
NHTSA has reviewed this proposed rule according to the general
requirements and the specific requirements for regulations set forth in
[[Page 56034]]
Executive Order 12988. This proposed rule does not result in any
preemptive effect and does not have a retroactive effect. A petition
for reconsideration or other administrative proceeding is not required
before parties may file suit in court.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA), a person is not
required to respond to a collection of information by a Federal agency
unless the collection displays a valid OMB control number. The
Consolidated VIN Requirements have an OMB control number of 2127-0510.
As a result of this NPRM being made final, although the agency may
require information to be provided in a slightly different way (e.g.,
vehicle make being transferred from the first to the second section of
the VIN), the scope of the overall reporting requirements of Part 565
will not change. We emphasize that there will be no increase or
decrease in the collection of information because of this rulemaking.
Plain Language
Executive Order 12866 and the President's memorandum of June 1,
1998, 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
isn't 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.
Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
Privacy Act
Please note that anyone is able to search the electronic form of
all comments received into 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 (Volume 65, Number 70; Pages 19477-78), or
you may visit https://dms.dot.gov until October 1, 2007; after October
1, 2007, you may visit https://DocketInfo.dot.gov.
List of Subjects in 49 CFR Part 565
Motor vehicle safety, Reporting and recordkeeping requirements;
incorporation by reference.
In consideration of the foregoing, NHTSA proposes to amend 49 CFR
Part 565 as follows:
PART 565--VEHICLE IDENTIFICATION NUMBER REQUIREMENTS
1. The authority citation continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30141, 30146,
30166, and 30168; delegation of authority at 49 CFR 1.50.
2. In Sec. 565.2, the first sentence is revised to read as
follows:
Sec. 565.2 Applicability.
This part applies to passenger cars, multipurpose passenger
vehicles, trucks, buses, trailers (including trailer kits), incomplete
vehicles, low speed vehicles, and motorcycles.
* * * * *
3. In Sec. 565.3, paragraphs (i) through (o) are redesignated as
paragraphs (l) through (r), and paragraphs (i), (j), and (k) are added
as follows:
Sec. 565.3 Definitions.
* * * * *
(i) Manufacturer identifier shall refer to the first three digits
of a VIN of a vehicle, in the case of a high-volume manufacturer, and
the first three digits of a VIN and the twelfth through fourteenth
digits of a VIN in the case of a low-volume manufacturer.
(j) High-volume manufacturer, for purposes of this part, means a
manufacturer of 1,000 or more vehicles of a given type each year.
(k) Low-volume manufacturer, for purposes of this part, means a
manufacturer of fewer than 1,000 vehicles of a given type each year.
* * * * *
4. In Sec. 565.4, paragraphs (d) and (f) are revised to read as
follows:
Sec. 565.4 General requirements.
* * * * *
(d) The VINs of any two vehicles subject to Federal motor vehicle
safety standards and manufactured within a 60-year period beginning
with the 1981 model year shall not be identical.
* * * * *
(f) The VIN for passenger cars, multipurpose passenger vehicles,
low speed vehicles, and trucks of 4536 kg or less GVWR shall be located
inside the passenger compartment. It shall be readable, without moving
any part of the vehicle, through the vehicle glazing under daylight
lighting conditions by an observer having 20/20 vision (Snellen) whose
eye-point is located outside the vehicle adjacent to the left
windshield pillar. Each character in the VIN subject to this paragraph
shall have a minimum height of 4 mm.
* * * * *
5. In Sec. 565.5, paragraph (b) is revised to read as follows:
Sec. 565.5 Motor vehicles imported into the United States.
* * * * *
(b) All passenger cars, multipurpose passenger vehicles, low speed
vehicles, and trucks of 4536 kg or less GVWR certified by a Registered
Importer under 49 CFR part 592 whose VINs do not comply with Part 565.4
and 565.5 shall have a plate or label that contains the following
statement, in characters with a minimum height of 4 mm, with the
identification number assigned by the original manufacturer provided in
the blank: SUBSTITUTE FOR U.S. VIN: -------------- SEE PART 565. The
plate or label shall conform to Sec. 565.4 (h) and (i). The plate or
label shall be permanently affixed inside the passenger compartment.
The plate or label shall be readable, without moving any part of the
vehicle, through the vehicle glazing under daylight conditions by an
observer having 20/20 vision (Snellen) whose eye-point is located
outside the vehicle adjacent to the left windshield pillar. It shall be
located in such a manner as not to cover, obscure, or overlay any part
of any identification number affixed by the original manufacturer.
Motor vehicles conforming to Canadian Motor Vehicle Safety Standard 115
are exempt from this paragraph.
6. In Sec. 565.6:
a. paragraphs (a), (b), and (c)(4) are revised;
b. Tables V and VI are designated as Tables VI and VII;
c. new Table V is added at the end of paragraph (c)(4);
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d. new Table VI is revised after paragraph (c)(5) and new Table VII
is revised after paragraph (d)(1); and,
e. paragraph (d)(3) is revised.
These amended and new paragraphs and tables would read as follows:
Sec. 565.6 Content requirements.
* * * * *
(a) The first section shall consist of three characters that occupy
positions one through three (1-3) in the VIN. This section shall
uniquely identify the manufacturer and type of the motor vehicle if the
manufacturer is a high-volume manufacturer. If the manufacturer is a
low-volume manufacturer, positions one through three (1-3) along with
positions twelve through fourteen (12-14) in the VIN shall uniquely
identify the manufacturer and type of the motor vehicle. These
characters are assigned in accordance with Sec. 565.7(a). A ``9''
shall be placed in the third position of the VIN if the manufacturer
identifier is six characters. A ``9'' in the third position always
indicates the presence of a six-character manufacturer identifier. The
National Highway Traffic Safety Administration offers access to
manufacturer identifier assignments via its search engine at the
following Internet Web site: https://www.nhtsa.dot.gov/cars/rules/
manufacture.
(b) The second section shall consist of five characters, which
occupy positions four through eight (4-8) in the VIN. This section
shall uniquely identify the attributes of the vehicle as specified in
Table I. For passenger cars, and for multipurpose passenger vehicles
and trucks with a gross vehicle weight rating of 4536 kg (10,000 lb) or
less, and low speed vehicles, the first, second, and third characters
of this section shall be either alphabetic or numeric. The fourth
character of this section shall be alphabetic. The fifth character may
be either alphabetic or numeric. The characters utilized and their
placement within the section may be determined by the manufacturer, but
the specified attributes must be decipherable with information supplied
by the manufacturer in accordance with Sec. 565.7(c). In submitting
the required information to NHTSA relating gross vehicle weight rating,
the designations in Table II shall be used. The use of these
designations within the VIN itself is not required. Tables I and II
follow:
Table I--Type of Vehicle and Information Decipherable
Passenger car: Make, line, series, body type, engine type, and all
restraint devices and their location.
Multipurpose passenger vehicle: Make, line, series, body type,
engine type, gross vehicle weight rating.
Truck: Make, model or line, series, chassis, cab type, engine type,
brake systems and gross vehicle weight rating.
Bus: Make, model or line, series, body type, engine type, and brake
system.
Trailer, including trailer kits and incomplete trailer: Make, type
of trailer, body type, length and axle configuration.
Motorcycle: Make, type of motorcycle, line, engine type, and net
brake horsepower.
Incomplete vehicle other than a trailer: Make, model or line,
series, cab type, engine type, and brake system.
Low speed vehicle: Make, engine type, brake system, all restraint
devices and their location, body type, and gross vehicle weight rating.
* * * * *
(c) * * *
(4) The check digit is based on either the Fractional Remainder or
the Decimal Equivalent Remainder as reflected in Table V. All Decimal
Equivalent Remainders in Table V are rounded to the nearest thousandth.
Table V.--Ninth Position Check Digit Values
[Rounded to the nearest thousandth]
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Fractional remainder.............. 0 1/11 2/11 3/11 4/11 5/11 6/11 7/11 8/11 9/11 10/11
Decimal equivalent remainder...... 0 0.091 0.182 0.273 0.364 0.455 0.545 0.634 0.727 0.818 0.909
Check digit....................... 0 1 2 3 4 5 6 7 8 9 X
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The check digit, zero through nine (0-9) or the letter ``X'' shall
appear in VIN position nine (9).
(5) A sample check digit calculation is shown in Table VI as
follows:
Table VI.--Calculation of a Check Digit
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VIN position..................... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
Sample VIN....................... 1 G 4 A H 5 9 H ..... 5 G 1 1 8 3 4 1
Assigned value................... 1 7 4 1 8 5 9 8 ..... 5 7 1 1 8 3 4 1
Weight factor.................... 8 7 6 5 4 3 2 10 0 9 8 7 6 5 4 3 2
Multiply assigned value times 8 49 24 5 32 15 18 80 0 45 56 7 6 40 12 12 2
weight factor...................
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Add products: 8+49+24+5+32+15+18+80+0+45+56+7+6+40+12+12+2 = 411.
Divide by 11: 411/11 = 37 4/11 or 37.3636.
If the fou