Vehicle Identification Number Requirements, 23367-23385 [08-1197]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
[Rules and Regulations]
[Pages 23367-23385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1197]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 565

[Docket No. NHTSA 2008-0022]
RIN 2127-AJ99


Vehicle Identification Number Requirements

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

ACTION: Final rule.

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SUMMARY: This document amends 49 CFR Part 565, Vehicle Identification 
Number Requirements, to make certain changes in the 17-character 
vehicle identification number (VIN) system so that the system will 
remain viable for at least another 30 years. This rule was initiated by 
a petition from SAE International (formerly known as the Society of 
Automotive Engineers), which was concerned that the available supply of 
VINs, and particularly the manufacturer identifier part of the VIN, 
might run out. This final rule will ensure that there will be a 
sufficient number of unique manufacturer identifiers and VINs to use 
for at least another 30 years.

DATES: Effective Date: October 27, 2008.
    Compliance Dates: Amendments made in this rule apply to motor 
vehicles manufactured on or after October 27, 2008 whose VINs have a 
letter ``A'' or ``B'' in the 10th position of the VIN, and to all motor 
vehicles manufactured on or after April 30, 2009.
    Petitions for Reconsideration: Petitions for reconsideration of 
this rule must be received by June 16, 2008.

ADDRESSES: Petitions for reconsideration should refer to the docket and 
notice number above and be submitted to: Administrator, National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.
    See the SUPPLEMENTARY INFORMATION portion of this document (Section 
IV, Rulemaking Analyses and Notices) for DOT's Privacy Act Statement 
regarding documents submitted to the agency's dockets.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may contact 
Mr. Kenneth O. Hardie, Office of Crash Avoidance Standards (NVS-120), 
NHTSA, 1200 New Jersey Avenue, SE., Washington, DC 20590 (Telephone: 
202-366-6987) (FAX: 202-366-7002).
    For legal issues, you may contact Ms. Rebecca Schade, Office of the 
Chief Counsel, NHTSA, 1200 New Jersey Avenue, SE., Washington, DC 20590 
(Telephone: 202-366-2992) (FAX: 202-366-3820).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Background
    A. History and Overview of the VIN System
    B. Petition for Rulemaking
    C. Notice of Proposed Rulemaking
III. The Final Rule and Response to Public Comments
    A. Summary of Public Comments
    B. Summary of Amendments Adopted in This Final Rule
IV. Rulemaking Analyses and Notice

I. Executive Summary

    In response to a petition for rulemaking, the National Highway 
Traffic Safety Administration (NHTSA) is amending 49 CFR Part 565, 
Vehicle Identification Number Requirements (Part 565), so that the 
supply of manufacturer identifiers and vehicle identification numbers 
available under this regulation will be sufficient for at least the 
next 30 years.
    To accomplish this, NHTSA is revising the requirements for where 
certain information must be communicated in a vehicle identification 
number (VIN) as well as the characters that may be used in some of the 
17 positions of the VIN for passenger cars and multipurpose passenger 
vehicles and trucks with a gross vehicle weight rating of 4536 kg 
(10,000 lb) or less. These changes will have two primary effects. 
First, the need to issue new manufacturer identifiers, particularly for 
large manufacturers, should be drastically reduced, thus preserving for 
a longer period of time the remaining combinations of characters that 
are available to be issued. Second, the changes will substantially 
increase the number of combinations of characters available in 
positions 4 through 8 of the VIN, as well as combinations of those 
characters with characters in the other VIN positions, so

[[Page 23368]]

that the number of available VINs will significantly increase, enabling 
the current 17-character system to continue for another 30 years and 
possibly longer.
    The final rule published today differs very little from the notice 
of proposed rulemaking (NPRM) published on October 2, 2007.\1\ The 
differences are as follows.
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    \1\ 72 FR 56027 (Oct. 2, 2007) (Docket No. NHTSA-2007-27830-
0001).
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     The date and conditions under which this rule becomes 
effective have been changed in response to comments that indicated a 
need for prompt implementation of this rule.
     While this rule now makes clear that Low Speed Vehicles 
(LSVs) require a VIN, LSVs have been dropped from the list of vehicles 
that would require, and be limited to the use of an alphabetic 
character in position 7 of the VIN. This was done in response to 
comments noting that the need for only an alphabetic character in 
position 7 applies mainly to passenger cars and multipurpose passenger 
vehicles and trucks with a gross vehicle weight rating of 4536 kg 
(10,000 lb) or less, not all other vehicles covered by 49 Part 565, 
such as trailers and low speed vehicles.
    Comments received in response to the NPRM generally supported the 
proposed changes to Part 565. Two commenters sought clarification as to 
how the new rule would apply to trailers. A small number of the 
comments recommended changes to what was proposed. These comments, 
however, reflected a less than complete understanding of the proposed 
changes and, in one case, the purpose of our proposal in helping to 
sustain the current 17-character VIN system over the next 30 years.
    Many of the comments raised issues that were either not 
specifically addressed in the NPRM or involved suggested uses of the 
VIN system that are outside the scope of either NHTSA's authority or 
the purpose and scope of the VIN system. For these reasons, changes to 
Part 565 suggested by the comments have not been made. A common 
suggestion of this type was that NHTSA include (in the information that 
must be communicated in the VIN) whether or not a vehicle is certified 
to California emission standards.
    In summary, the new VIN requirements apply to vehicles that are 
manufactured on or after October 27, 2008 whose VINs have a letter 
``A'' or ``B'' in the 10th position of the VIN, and to all vehicles 
manufactured on or after April 30, 2009.
    The principal changes to Part 565 issued today that impact the 
options vehicle manufacturers have in complying with Part 565 are as 
follows:
     Vehicle ``make'' will no longer be required to be 
identified in the manufacturer identifier of the VIN.
     Vehicle ``make'' will now need to be identified, along 
with other information items included in the previous version of Part 
565, in the second section of the VIN, which consists of VIN positions 
4-8.
     In generating VINs for vehicles that comply with Part 565, 
manufacturers of passenger cars and multipurpose passenger vehicles and 
trucks with a gross vehicle weight rating of 4536 kg. (10,000 lbs.) or 
less will have an expanded number of characters available in positions 
4, 5, and 6 of the VIN. All three of these positions may now be either 
numeric or alphabetic. These manufacturers will also be required to use 
an alphabetic character in position 7 of the VIN.

II. Background

A. History and Overview of the VIN System

    Since 1954, American automobile manufacturers have used a vehicle 
identification number (VIN) to describe and identify each of the motor 
vehicles they manufacture. The early VINs came in a wide array of 
configurations and variations, depending on the individual 
manufacturer. A move to create a more systematic VIN scheme was made in 
1968, with the enactment of Federal motor vehicle safety standard 
(FMVSS) No. 115, which took effect January 1, 1969. That standard 
required each passenger car to have a VIN that is permanently ``sunk or 
embossed'' on a part of the vehicle visible through the glazing by a 
person standing at the left windshield pillar. Manufacturers were 
required to avoid having a VIN be repeated within a 10-year period.
    In response to a petition from the Motor Vehicle Manufacturers 
Association and Volkswagen of America, Inc., the National Highway 
Traffic Safety Administration (NHTSA) in 1976 began considering an even 
more structured and standardized system of VINs as well as expanding 
the system to additional classes of vehicles. This process led to the 
current system of 17-character VINs. A final rule implementing the new 
system was published on August 17, 1978.\2\ The rule stipulated that 
beginning with the 1981 model year, NHTSA would require that all over-
the-road-vehicles sold must contain a 17-character VIN in a fixed 
format. The standard further required that the VINs of any two vehicles 
manufactured within a 30 year period not be identical.
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    \2\ 43 FR 36448 (Aug. 17, 1978) (Docket No. 1-22; Notice 5).
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    On June 7, 1996, NHTSA issued a final rule consolidating all VIN 
requirements into 49 CFR Part 565.\3\ Federal motor vehicle safety 
standard (FMVSS) No. 115 was eliminated. Part 565 requires the 
manufacturer to assign a unique VIN to each passenger car, multipurpose 
passenger vehicle, truck, bus, trailer (including trailer kit), 
incomplete vehicle, and motorcycle that it produces.
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    \3\ 61 FR 29031 (June 7, 1996) (Docket No. NHTSA-95-85; Notice 
2).
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    One of the original purposes of the VIN system was to enhance 
public safety by deterring vehicle theft based on the assumption that 
drivers of stolen vehicles are more likely to operate those vehicles 
unsafely and thus be involved in vehicle crashes. The current 17-
character VIN system embodied in Part 565 continues to serve this 
purpose and, as stated in Part 565, also serves ``to increase the 
accuracy and efficiency of vehicle recall campaigns.'' Recalls are a 
critical tool for correcting safety defects in vehicles. The VIN has 
also become the key identifier in data systems that track such things 
as compliance with federal importation regulations, vehicle 
registrations, insurance coverage, and motor vehicle crashes. Entities 
that today utilize VINs in data systems include NHTSA, state motor 
vehicle departments, law enforcement agencies, insurance companies, 
organizations involved in motor vehicle research, and manufacturers.
    Characters in a VIN are used in one of three ways. Some specific 
VIN positions represent a single item of information related to a 
vehicle. Other groups of VIN positions may be used individually or in 
combination to represent information that must be deciphered from a key 
that the manufacturer provides to NHTSA as required by Part 565. 
Utilizing combinations of at least some VIN positions has been 
necessary for some vehicles because the amount of information about a 
vehicle required by Part 565 to be represented in the first (positions 
1-3) and second (positions 4-8) sections of the VIN in some cases 
exceeds the number of positions available in those sections. Finally, 
the last digits of the VIN are used by manufacturers to sequentially 
number groups of similar vehicles that are manufactured. Small annual 
volume manufacturers use the last three digits to number vehicles. 
Large annual volume manufacturers use the last six digits.

[[Page 23369]]

    The VIN has four sections. The first consists of the first three 
VIN characters. For large manufacturers, these three positions 
represent a manufacturer identifier, which meets both the requirements 
of Part 565 and International Standard 3780: Road vehicles `` World 
manufacturer identifier (WMI) code (Small manufacturers must use a six 
character manufacturer identifier consisting of the first three VIN 
positions and positions 12-14). In International Standard 3780, adopted 
by the International Organization for Standardization (ISO) in 1980, 
the first three digits of the VIN are referred to as the World 
Manufacturer Identifier (WMI). Although it is common to refer to the 
first three digits of the VIN as the WMI, the first three digits will 
be referred to here as the ``manufacturer identifier'' because Part 565 
does not use the term ``WMI.'' Also, Part 565's requirements for the 
first three digits of the VIN differ somewhat from those of 
International Standard 3780 and it is Part 565's requirements that are 
affected by the final rule.
    NHTSA currently contracts with the SAE International (SAE) to 
coordinate and issue manufacturer identifiers that comply with Part 565 
to U.S. manufacturers. In issuing these identifiers, SAE also ensures 
that the identifiers comply with the requirements of International 
Standard 3780 for WMIs.
    Part 565 currently requires that manufacturers identify 
manufacturer, make and type of motor vehicle in the first three digits 
of a VIN. To comply with International Standard 3780, this section of 
the VIN must also indicate the country in which the vehicle was 
manufactured.
    The proliferation of vehicle makes for passenger vehicles has 
resulted in large manufacturers with multiple makes of vehicles having 
to obtain multiple manufacturer identifiers. This, in combination with 
large manufacturer identifiers issued to large manufacturers of other 
types of vehicles, has resulted in a drain on the supply of 
manufacturer identifiers/WMIs available for large U.S. manufacturers.
    The five characters in the second section (positions 4 through 8) 
of a VIN must identify attributes of the specific type of vehicle 
involved. These attributes are indicated in Table I in Part 565.15 
(formerly 565.6).
    The third VIN section consists of one character, called a check 
digit, in the ninth VIN position. It reflects a calculation specified 
in Part 565 that is based on the other VIN characters and that serves 
as a check against typographical errors in transcribing a VIN.
    The fourth section consists of positions 10-17. The first two, 
positions 10 and 11, are for the model year and plant of manufacture 
respectively. For large manufacturers, the last six characters are used 
to sequentially number vehicles in groups of similar vehicles that are 
manufactured by a given manufacturer. For manufacturers initially 
intending to produce fewer than 500 vehicles of a given type, VIN 
positions 12, 13, and 14 are additional characters used for the 
manufacturer's manufacturer identifier. Under the current version of 
Part 565, this means manufacturers that produce fewer than 500 vehicles 
of a given type have a six-digit manufacturer identifier consisting of 
the first three positions of the 17-character VIN, with the third 
position in practice always being a 9, and positions 12, 13, and 14. 
These small manufacturers use only the last three digits of the VIN to 
sequentially number similar vehicles they produce.
    When the current version of Part 565 went into effect beginning 
with the 1981 model year, 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 
so that, as required by Part 565, ``the VINs of any two vehicles 
manufactured within a 30-year period shall not be identical.''

B. Petition for Rulemaking

    In a letter dated October 31, 2005,\4\ the SAE Vehicle 
Identification Number/World Manufacturer Identifier Technical Committee 
\5\ petitioned NHTSA to make certain changes to the current VIN system. 
The committee proposed ``minor revisions'' to Part 565 that it believed 
would both preserve the current 17-character VIN format while 
significantly expanding the universe of available unique manufacturer 
identifiers and VINs (At NHTSA's request, SAE submitted a subsequent 
letter dated February 23, 2006,\6\ clarifying certain items in the 
original petition). The petition proposed changes that would keep the 
current 17-character VIN, but would add to the characters that may 
appear in some of the VIN positions for passenger cars and multipurpose 
passenger vehicles and trucks with a gross vehicle weight rating of 
4536 kg (10,000 lb) or less, thus adding significantly to the number of 
available unique VINs for these vehicles. In addition to changes that 
would expand the number of available manufacturer identifiers and VINs, 
the petitioners asked NHTSA: (1) To add to the Part 565 list of vehicle 
attributes those that must be communicated in, and decipherable from, 
the VIN of a low speed vehicle (LSV); (2) to clarify the way the 
``check digit'' as defined in Part 565 is determined; (3) to expand the 
restraint system information that must be decipherable from a passenger 
car VIN; and (4) to add language that further explains the typefaces 
permitted for a VIN. The petitioners further proposed that these 
changes take effect beginning with the 2010 model year due to concerns 
over the supply of manufacturer identifiers and the possibility of 
duplicate VINs being issued beginning with that model year.
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    \4\ Docket No. NHTSA-2007-27830-0030.
    \5\ 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. also 
participated.
    \6\ Docket No. NHTSA-2007-27830-0031.
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C. Notice of Proposed Rulemaking

    NHTSA granted the petition by letter to the SAE dated March 7, 2006 
and published a notice of proposed rulemaking (NPRM) in the Federal 
Register on October 2, 2007 (72 FR 56027). That notice proposed to 
adopt most, but not all of the changes to Part 565 suggested by SAE. 
The changes that were proposed in the NPRM were to:
     Expand to 60 years (the current 30 year period that is 
about to expire plus an additional 30 years) the period during which 
the VINs of any two vehicles subject to Part 565 may not be identical;
     Eliminate vehicle ``make'' from what needs to be 
communicated in, and decipherable from, the manufacturer identifier;
     Include ``make'' in what needs to be communicated in, and 
decipherable from, the second section of the VIN (positions 4-8) for 
all vehicles subject to Part 565;
     Change Part 565 so that alphabetic or numeric characters 
may be used in positions 4, 5 and 6 for passenger cars and multipurpose 
passenger vehicles and trucks with a gross vehicle weight rating of 
4536 kg. (10,000 lbs.) or less (Currently positions 4 and 5 must be 
alphabetic and position 6 must be numeric for these vehicles. Either 
alphabetic or numeric characters have always been allowed in these 
positions

[[Page 23370]]

for other vehicles covered by the standard);
     Require that VIN position 7 be alphabetic for passenger 
cars and multipurpose passenger vehicles and trucks with a gross 
vehicle weight rating of 4536 kg. (10,000 lbs.) or less (This position 
currently must be numeric for these vehicles. Either an alphabetic or 
numeric character can be used in this position for other vehicles 
covered by the standard);
     Make clear that Part 565 applies to Low Speed Vehicles 
(LSVs);
     Include in Part 565 specific attributes for LSVs that must 
be communicated in, and decipherable from, a VIN;
     Require that the VIN plate for LSVs be placed in the same 
location as passenger cars and multipurpose passenger vehicles and 
trucks with a gross vehicle weight rating of 4536 kg (10,000 lb) or 
less;
     Expand from ``passenger cars'' to ``passenger cars, 
multipurpose passenger vehicles, low speed vehicles, and trucks'' the 
vehicles that would be covered by the requirements of current Part 
565.5--Motor vehicles imported into the United States;
     Add regulatory language to call attention to the fact that 
the number ``9'' in the third VIN position means that the vehicle is 
produced in sufficiently low quantities that a small manufacturer 
identifier is appropriate and positions 12-14 are therefore part of the 
manufacturer identifier;
     Change restraint system information that must be 
communicated in the VIN of a passenger car from ``restraint system 
type'' to ``all restraint devices and their location'' and require this 
same information for LSVs;
     Add to Part 565 a table with an explanatory note that 
indicates the digit that should appear in the ninth position of the VIN 
(This was requested to address the fact that the formula that is used 
in determining what appears in the ninth position is often calculated 
electronically and therefore does not produce the fractional remainders 
that are currently used in Part 565 to determine the digit that goes in 
position 9);
     Revise the ``Year Codes for VIN'' table in Part 565 to 
include character designations for years up to, and including, the year 
2039, to account for the expanded period of time during which the 
current VIN system will remain in existence under the changes proposed;
     Change the contact details for the SAE in Part 565.
    The changes that were requested by SAE that were not included in 
the NPRM or that were included in modified form were to:
     Specify in Part 565 that a positive identification style 
font face is a typeface permitted under the regulation's broad 
requirement for a san serif font typeface for a VIN.
     Set the dividing line between manufacturers requiring a 
large manufacturer identifier and those requiring a small manufacturer 
identifier at 900 vehicles produced annually. The NPRM proposed 1,000 
vehicles as the level at which a manufacturer must begin using a large 
manufacturer identifier.

III. The Final Rule and Response to Public Comments

A. Summary of Public Comments

    The agency received comments from the following: the Wisconsin 
Department of Transportation (WisDOT), the Oregon Department of Motor 
Vehicles (ODMV), Oregon Department of Environmental Quality (ODEQ), 
Daimler A.G. (Daimler), the Alliance of Automobile Manufacturers 
(Alliance), Advocates for Highway and Auto Safety (Advocates), the 
Recreation Vehicle Industry Association (RVIA), the National Insurance 
Crime Bureau (NICB), the New York State Department of Motor Vehicles 
(NYDMV), the New York State Department of Environmental Conservation 
(NYDEC), the Washington State Department of Ecology (WDE), General 
Motors (GM), Ford, Harley-Davidson Motor Company, BMW of North America, 
The Northeast States for Coordinated Air Use Management (NESCAUM), the 
Association of International Automobile Manufacturers (AIAM), the Truck 
Manufacturers Association (TMA), the National Association of Clean Air 
Agencies (NACAA), Ferrari, Prevost (a division of Volvo Group Canada, 
Inc.), the National Association of Trailer Manufacturers (NATM), and 
several individuals.
1. General and Issue Specific Support
    All commenters supported revising the VIN regulation in one way or 
another, in some instances suggesting ways the VIN could be further 
expanded.

Amendments Aimed at Extending Life of Current System

    The Alliance stated that it ``fully supports both proposed 
amendments that are directly related to extending the utility of the 
VIN system beyond 2010.'' AIAM and TMA also expressed support for the 
proposed changes, as did Ferrari and NATM with some exceptions and 
concerns. NYDEC offered its general support for the efforts ``to ensure 
that there will be a sufficient number of unique manufacturer 
identifiers and VINs for the current 17-character VIN system for at 
least another 30 years.'' Harley-Davidson also offered its ``general 
support,'' noting, ``The regulatory proposal as written will provide a 
solution to the issue for the next few decades.'' BMW supported NHTSA's 
efforts to revise Part 565, but had concerns, as did Daimler A.G., 
about the proposed changes for position 7 of the VIN. NICB offered its 
support, but expressed concern that the effective date should be 
November 1, 2008.
    NESCAUM, which is an association of state air pollution control 
agencies in Connecticut, Maine, Massachusetts, New Hampshire, New 
Jersey, New York, Rhode Island, and Vermont, offered general support 
for the rulemaking and made suggestions concerning information that the 
VIN should communicate.
    Specific suggestions, exceptions, and concerns expressed by those 
offering general support for the proposed changes to Part 565 are 
discussed below under the relevant heading.

Large Manufacturer Threshold

    The Alliance and Prevost commented directly on this subject. The 
Alliance specifically supported the proposed change that would require 
a manufacturer to make 1,000 vehicles a year rather than the current 
500 before a manufacturer will be considered a large manufacturer and 
be required to be issued and use a large manufacturer identifier. 
Prevost expressed a concern about manufacturers of buses with a GVWR 
greater than 4,536 kg (10,000 lb), stating that production of these 
manufacturers may vary significantly so the threshold between small and 
large manufacturer should be smaller than 500 with the possibility to 
use either a 3 or a 6 character WMI up to 1,000.

Alphabetic and Numeric Characters in Second Section of VIN

    The Alliance specifically supported the proposal to allow the VINs 
of passenger cars and multipurpose passenger vehicles and trucks with a 
gross vehicle weight rating of 4536 kg (10,000 lb) or less to use 
either alphabetic or numeric characters in positions 4, 5 and 6, as 
opposed to only alphabetic characters in positions 4 and 5 and numeric 
characters in position 6. As noted above, some manufacturers did not 
agree with the proposed changes for position 7 of the VIN. AIAM 
objected to a requirement that ``all restraint

[[Page 23371]]

devices and their location'' be decipherable from the VIN.

Moving ``Make'' From First to Second Section

    The Alliance and AIAM supported moving vehicle ``make'' from the 
manufacturer identifier to the second section (positions 4-8) of the 
VIN. On the other hand, NATM believed that there is no need to assign 
or designate the ``make'' of a trailer.

Vehicle Characteristics for VINs of Low Speed Vehicles (LSVs)

    Advocates supported the proposal to include in Part 565 a list of 
vehicle attributes that must be communicated in, and decipherable from, 
the VINs of LSVs.

Costs Resulting From Software Modifications

    NICB said its software can be modified to accommodate the proposed 
changes ``without undue burden or expense.''
2. Suggested Changes to the Information To Be Communicated by the VIN
    Comments:
    Several commenters suggested adding various kinds of information to 
what is currently required in 49 CFR Part 565 to be communicated in, 
and decipherable from, a VIN.
    ODMV, ODEQ, WDE, NESCAUM, and NACAA all urged NHTSA to incorporate 
into the VIN a means by which States could determine whether or not a 
vehicle is certified to meet California emission standards. NYDEC urged 
a more detailed approach, asking for not only an indication of the 
emission standard to which a vehicle is certified, but also the level 
of certification.
    NYDEC and NYDMV also suggested that a vehicle's fuel type or type 
of hybrid technology be communicated through the VIN to help support 
State inspection and maintenance programs. In some cases, information 
that is already included in the VIN and that relates to the 
administration of State inspection and maintenance programs, is not 
treated consistently by manufacturers and is, therefore, hard to 
access, according to NYDEC.
    Advocates said ``the VIN requirements should also include a means 
for encoding the type of power source that the engine can utilize.''
    Yuli Chew, an individual submitting comments, suggested that the 
seventh digit in the VIN be used to designate emission certification 
and offered a detailed chart of proposed characters to designate 
various emission certifications. He also proposed that the eighth digit 
be used to indicate engine type and similarly offered a detailed chart 
of engine types and characters to represent them.
    WisDOT asked that the VIN include some method for determining the 
maximum speed capability of low-speed motor-driven cycles, such as 
mopeds. Whether or not a cycle can travel at speeds greater than 30 mph 
impacts driver training requirements in Wisconsin and whether 
passengers may be carried on the cycle. WisDOT provided a list of 28 
other States in which speed of the cycle determines its classification 
and related requirements. WisDOT also noted that the Uniform Vehicle 
Code contains a similar distinction.
    NESCAUM and NACAA recommended that the information communicated by 
the VIN include motor vehicle test group and engine family, as defined 
by the U.S. Environmental Protection Agency in 40 CFR Part 86. The 
information that would be available to States as a result of this, 
NESCAUM said, ``could be used to support air quality monitoring 
efforts.''
    NESCAUM and NACAA also asked for several additional changes to the 
information a VIN must communicate. They asked NHTSA to change the 
definition of ``engine type'' that now appears in 49 CFR 565(d). They 
maintained that the effect of the definition's second sentence, which 
specifically calls for a VIN to represent ``the specific make and 
manufacturer'' of an engine if it powers a ``passenger car or 
multipurpose passenger vehicle, or truck with a gross vehicle weight 
rating of 4536 kg. (10,000 lbs.) or less'' is to exclude Class 3 
through 8 heavy-duty trucks from the requirement to report engine 
manufacturer and make. The commenters said this information would make 
it easier for States to determine the emissions and fuel economy 
characteristics of their heavy-duty truck fleets.
    NESCAUM also asked that the VIN identify the GVWR rating class for 
any vehicle in Class G-2 or above, saying this information would 
greatly simplify States' efforts to identify whether a particular 
vehicle is subject to its emissions inspection program and the type of 
test required under that program. Finally, NESCAUM urged that the VIN 
requirements for Class 3 through 8 heavy-duty vehicles incorporate the 
exact gross vehicle weight, a change it said would enable States to 
better characterize their heavy duty fleets.
    Agency Analysis and Response:
    The primary purpose of the VIN system is to assure a unique 
identifier for each vehicle sold in the United States and, in so doing, 
to deter theft and facilitate vehicle recall campaigns. Deterring theft 
reduces the number of drivers on the road who are more likely to 
operate motor vehicles in an unsafe manner. Recall campaigns are 
conducted to remedy defects related to motor vehicle safety and 
incidents of noncompliance with Federal motor vehicle safety standards 
that are determined to exist in a vehicle. The current VIN system has 
for nearly 30 years fulfilled the need for unique vehicle identifiers 
and with today's final rule should continue to do so for at least the 
next 30 years.
    The agency is not adopting at this time amendments to address any 
of the recommendations for the VIN to include additional information 
elements, not because those recommendations lack merit, but instead 
because there is a pressing need for today's rule to be in place to 
assure the uninterrupted continuation of the VIN system.
    The agency acknowledges that the additional information 
requirements recommended in the comments, such as those relating to 
California emission certification, reflect the fact that there has been 
little change over the decades in the information that must be conveyed 
by a VIN despite the development of new circumstances that may lend 
themselves to the inclusion of new or different information. As such, 
the agency plans to initiate a separate comprehensive review focused on 
the information requirements of the VIN system. This will address 
whether those requirements should be changed, and, if so, how those 
changes should be made.
3. All Restraint Devices and Their Location
    Comments:
    Several comments were received concerning the proposal to change 
language in Table 1 of 49 CFR 565.6(b) relating to the restraint system 
information required to be communicated in the VIN of passenger cars. 
The relevant language currently reads, ``Passenger car: Line, series, 
body type, engine type and restraint system type.'' The replacement 
language proposed by the petitioner and included in the NPRM reads, 
``Passenger car: Make, line, series, body type, engine type, and all 
restraint devices and their location.''
    The agency also requested ``comments on whether this information 
should be required for all passenger vehicles, not just passenger 
cars.''

[[Page 23372]]

    The Alliance opposed this proposed change and suggested that the 
original language be retained. It said the proposed language would 
create an ``unnecessary and unjustified burden on manufacturers'' 
because each running change relating to a vehicle's restraint system 
could require a new VIN.
    The AIAM also opposed the proposed change, on the basis that 
evolving combinations of restraint devices could ``require development 
of a complex coding scheme which may ultimately prove impractical due 
to the number of possible combinations of these elements.'' Ferrari 
also opposed the proposed language change citing the same argument as 
that offered by AIAM.
    Advocates supported both the proposed language change and extending 
the information requirement beyond passenger cars to include ``all 
passenger and non-passenger light vehicles with a gross vehicle weight 
rating (GVWR) of 4,536 kilograms (10,000 pounds) or less,'' on the 
basis that this information would be valuable for safety research and 
data analysis.
    Agency Analysis and Response:
    The current language in Part 565 was sufficient when the range of 
restraint equipment that was either required or was available in the 
marketplace consisted primarily of seat belts and front seat airbags. 
Today, in addition to seat belts, front seat air bags are mandatory and 
restraint equipment technology has advanced to the point where there 
are many variations both in required equipment and in equipment, such 
as side air bags, that is offered in the marketplace. The new language 
is intended to capture and make available, through a vehicle's VIN, 
more complete and accurate information regarding occupant restraint in 
each vehicle manufactured for sale in the U.S.
    The agency does not agree with the Alliance and the AIAM that this 
change is overly burdensome. The agency is aware that some major 
manufacturers represented by these two organizations are already 
submitting comprehensive restraint related VIN deciphering information 
to NHTSA under 49 Part 565.7(c) that would comply with the amended 
requirements. This suggests to the agency that if a manufacturer knows 
well in advance of restraint system changes that will occur during a 
vehicle's production run, creating a VIN to account for those changes 
would be no more difficult than accounting for the different engines 
that can be installed in a particular vehicle model. In those cases 
where an unanticipated running change in a vehicle's restraint system 
occurs, a company could retain the VINs of the vehicles involved and 
provide NHTSA with revised VIN deciphering information as provided in 
49 Part 565.7(c). In such a case, vehicles numbered sequentially above 
a certain number in the last digits of the fourth section of the VIN 
would have the revised restraints devices and locations, which could be 
indicated in the company's amended deciphering information.
    The agency agrees with Advocates that there is value in having the 
VINs of certain vehicles in addition to passenger cars communicate the 
type and location of the restraint devices with which those vehicles 
are equipped . The agency is requiring the VINs of passenger cars, 
multipurpose vehicles, and trucks with a gross vehicle weight rating of 
4,536 kilograms (10,000 pounds) or less to communicate that 
information.
4. VIN Position 7
    Comments:
    The NPRM proposed that for passenger cars and multipurpose 
passenger vehicles and trucks with a gross vehicle weight rating of 
4536 kg (10,000 lb) or less the seventh position of the VIN be changed 
from a numeric character to an alphabetic character.
    Daimler and BMW asked that the seventh position be either numeric 
or alphabetic, with BMW indicating this would ``minimize the cost 
impact'' and achieve the same goal. Ferrari called the proposed change 
for position 7 ``acceptable,'' but asked why position 7 could not be 
either numeric or alphabetic.
    Daimler also asked that the manufacturer be allowed to choose ``one 
of the five positions to be changed from alphabetic to numeric or vice 
versa.'' (Daimler did not specify the five characters to which it was 
referring. The agency assumes the company was referring to VIN 
positions 4 through 8, the positions referred to in Part 565 as the 
second section, which includes position 7.)
    The Alliance and GM both specifically supported the proposed change 
from numeric to alphabetic characters in position 7. In addition, the 
Alliance asked that a footnote be included in Table VII--Year Codes for 
VIN in 49 CFR Part 565. That footnote would read, ``If position 7 is 
numeric, the Model Year (in position 10) is 1980-2009; if alphabetic, 
the Model Year (in Position 10) is 2010-2039.'' AIAM and Ferrari 
supported this proposal.
    Prevost suggested the addition of a footnote to Table VII as well. 
It asked that the footnote communicate the fact that since position 7 
may be alphabetic or numeric for vehicles over 10,000 pounds and 
certain other types of vehicles covered by Part 565, such as trailers, 
that character does not indicate the 30-year period in which the 
vehicle was manufactured.
    Agency Analysis and Response:
    The reason for the proposed change in position 7 of the VIN was not 
only to create additional permutations to increase the number of 
available VINs, but also to enable VIN users to determine in which 30-
year period a vehicle was manufactured. The suggestion by Daimler and 
BMW that manufacturers have the option of using either an alphabetic or 
numeric character in position 7 would eliminate a VIN user's ability to 
make this determination and would create considerable confusion for VIN 
system users. (Daimler's suggestion that the manufacturer have the 
option of choosing which character in the second section of the VIN to 
change from alphabetic to numeric or vice versa, would be even more 
confusing to VIN users). Under the approach suggested by Daimler and 
BMW, VIN users would be unable to use the seventh VIN character to 
determine the model year of makes and models of vehicles manufactured 
in both the 30 year span of the current VIN system and in the 30 year 
span contemplated for the VIN system established by today's final rule. 
While having the option of either an alphabetic or numeric character in 
position 7 might ``minimize the cost impact'' on manufacturers as BMW 
suggests, it would also very likely add costs to other users of the VIN 
system and not be as efficient as having position 7 clearly indicate 
the 30 year period in which a vehicle was manufactured. The agency is 
therefore adopting the proposal in the NPRM to require that only an 
alphabetic character be allowed in VIN position 7 for passenger cars 
and multipurpose passenger vehicles and trucks with a gross vehicle 
weight rating of 4536 kg. (10,000 lbs.) or less under the revised Part 
565.
    The agency agrees with the Alliance, GM and Prevost that a footnote 
to Table VII will further clarify the purpose of position 7 being an 
alphabetic character. The agency is therefore adding a footnote to 
Table VII, but is adopting language different from that proposed by the 
Alliance and GM to both further clarify the role of VIN position 7 and 
to make clear, as suggested by Prevost, that the requirement for an 
alphabetic character in position 7 applies only to passenger cars and 
multipurpose passenger vehicles and trucks with a gross vehicle weight 
rating of 4536 kg (10,000 lb) or less. The footnote will now read, 
``For passenger cars, and for

[[Page 23373]]

multipurpose passenger vehicles and trucks with a gross vehicle weight 
rating of 4536 kg (10,000 lb) or less, if position 7 is numeric, the 
Model Year in position 10 of the VIN refers to a year in the range 
1980-2009. If position 7 is alphabetic, the Model Year in Position 10 
of the VIN refers to a year in the range 2010-2039.''
5. Off Road Vehicles
    Comment:
    NACAA said the VIN system should be extended to ``nonroad vehicles 
(primarily those for recreational use).''
    Referring to a numbering system for off-road vehicles named, ``PIN: 
Product Identification Number System for Off-Road Recreation 
Vehicles,'' NYDMV noted that identifiers under this system will always 
differ from VINs in the ninth position. A VIN will contain either a 
number or an X. A PIN will contain a letter and never an X. NYDMV 
suggested language for Part 565 that would prohibit VINs from 
duplicating PINs for off-road vehicles.
    Agency Analysis and Response:
    NHTSA has authority to regulate only vehicles that are manufactured 
primarily for use on public streets, roads, and highways. Jurisdiction 
to regulate vehicles of the type discussed by NACAA rests with the U.S. 
Consumer Product Safety Commission, which at this time does not have a 
system in place to provide identifiers for off-road vehicles.
    As indicated by the NYDMV, a voluntary system has been created and 
is operating to address the need for identifiers for off-road vehicles. 
That system is administered by SAE International, the same organization 
that administers the VIN system.
    NHTSA does not have the authority to extend the VIN system to off-
road vehicles. It therefore did not address the issue in the NPRM and 
is not making this suggested change in this final rule.
    NHTSA is also not including language in Part 565 to prohibit a VIN 
from duplicating a PIN as suggested by NYDMV. We do not regulate PINs. 
Additionally, the agency believes that if, as the NYDMV indicates, a 
PIN has an alphabetic character and never an X in its ninth position, a 
VIN should never duplicate a PIN. This is because a VIN is required to 
have either a numeric character or an X in that position.
6. Trailers
    NATM, which represents companies that manufacture trailers with 
gross vehicle weight ratings (GVWR) of 26,000 lb or less, submitted 
detailed comments addressing issues unique to trailer manufacturers. 
RVIA submitted brief comments on behalf of its trailer manufacturer 
members concurring with the NATM comments. NATM generally supported the 
proposed changes to Part 565, but raised the following two concerns.

Character Prescriptions as They Relate to Trailers

    First, NATM noted that Section 565.6(b) currently applies to 
``passenger cars and * * * multipurpose passenger vehicles and trucks 
with a gross vehicle weight rating of 4536 kg (10,000 lbs.) or less'' 
insofar as it identifies the characters that must be used in specific 
positions of the second section of the VIN (positions 4-8). NATM 
further noted, ``There is, however, no mention of what characters, 
alphabetic or numeric, manufacturers of other types of vehicles--larger 
trucks, buses, trailers, and motorcycles--are required or permitted to 
use in those same positions. By its silence, we assume Section 565.6(b) 
allows manufacturers of those other types of vehicles to use either an 
alphabetic or a numeric character, at their election, in all four of 
the first four positions in Section 2 of the VIN, positions 4, 5, 6, 
and 7. The current regulation goes on to state: `The fifth character 
[position] may be either alphabetic or numeric.' It is not clear 
whether this statement is intended to govern VIN use only in the three 
vehicle types specified in the preceding sentence, namely automobiles, 
multipurpose passenger vehicles, and light-duty trucks, or whether it 
is intended to apply to all motor vehicle types to which Part 565 
applies.''
    Agency Analysis and Response:
    The characters that may be used in a vehicle's VIN are identified 
in Sec.  565.4(g). These are the characters that may be used in a VIN 
unless there are specifications elsewhere in Part 565 as to the 
characters that may be used in a particular VIN position.
    The NATM's interpretation of the current version of Part 565.6(b) 
is correct. The specifications in the current version of this section 
as to the type of characters that must appear in specific positions of 
the second section of the VIN apply only to the vehicles cited--
passenger cars and multipurpose passenger vehicles and trucks with a 
gross vehicle weight rating of 4536 kg (10,000 lb) or less--not larger 
trucks, buses, trailers, and motorcycles. Therefore, the current 
regulation allows manufacturers of larger trucks, buses, trailers, and 
motorcycles to use either an alphabetic or a numeric character in all 
four of the first four positions in the second section of the VIN, 
positions 4, 5, 6, and 7. Position 8 under the current regulation may 
be either an alphabetic or numeric character for any type of vehicle. 
Nothing will change for these vehicles under this final rule. In this 
final rule, only position 7 will be limited to an alphabetic character 
for passenger cars, multipurpose passenger vehicles and trucks with a 
gross vehicle weight rating of 4536 kg (10,000 lb) or less. All other 
positions in the second section of the VIN will be allowed to have 
either alphabetic or numeric characters no matter what type of vehicle 
is involved and position 7 may be alphabetic or numeric for larger 
trucks, buses, trailers, and motorcycles.

Trailer ``Make''

    NATM's second concern was over NHTSA's intention to move vehicle 
``make'' from being a characteristic that needs to be communicated in 
the manufacturer identifier to a characteristic that needs to be 
communicated in the second section of the VIN. ``Unlike automobiles, 
multipurpose passenger vehicles, and light-duty trucks, light-duty and 
medium-duty trailers generally do not have separately assigned or 
designated `makes,' much less undergo frequent changes in `makes,' '' 
NATM said. The NATM further stated that under the current regulation, 
the company name in the manufacturer identifier is, in essence, the 
make of the trailer.
    In addition to commenting that ``make'' is not a concept used in 
the trailer industry, NATM expressed concern that requiring ``make'' in 
the second section of the VIN would require trailer manufacturers to 
give up what it characterized as an ``undesignated'' position in the 
second section of the VIN to communicate the ``make.'' That position, 
NATM said, is currently generally used in the trailer industry to 
indicate the GVWR of trailers, which is not an information item that 
Part 565 requires for trailers in the second section of the VIN.
    Agency Analysis and Response:
    The agency's experience with VINs for trailers generally reflects 
the NATM comments. That is, for most trailer manufacturers, the 
manufacturer's name has been the equivalent of the ``make'' of the 
trailer, although there are surely instances in which information that 
is arguably a ``make'' has been communicated. In most cases, only the 
manufacturer's name has been communicated in the manufacturer 
identifier of trailer manufacturers under the current Part 565. There 
has been a tacit recognition of what NATM observed, that the 
manufacturer's name is the equivalent of the ``make.'' The 
manufacturer's name has

[[Page 23374]]

simultaneously fulfilled the requirement that the manufacturer 
identifier communicate the manufacturer and the ``make.''
    The agency has decided not to make an exception for trailers and to 
include ``make'' in the information that must be communicated in, and 
decipherable from, the second section of the VIN for trailers.
    It seems clear from the NATM comments that generating VINs for 
trailers is relatively straightforward in comparison to doing so for 
other types of vehicles subject to Part 565. By referring to one of the 
positions in the second section of the VIN as an ``undesignated'' 
position, NATM suggests that trailer manufacturers use each of the 
positions in the second section of the VIN to represent one of the four 
information items currently listed in Part 565 as having to be 
communicated in, and decipherable from, the second section of the VIN. 
This approach leaves one position of the VIN's second section unused or 
``undesignated'' as the NATM's comments state. According to NATM, this 
unused position is widely used in the trailer manufacturing industry to 
designate GVWR. The NATM comments suggest that trailer manufacturers 
fear that if they are required to communicate a vehicle's make in the 
second section of the VIN, even though the manufacturer name is the 
make for most trailer manufacturers, they will have to use the position 
now widely used for GVWR to indicate the manufacturer's name for a 
second time (the manufacturer's name will continue to be required in 
the manufacturer identifier).
    The agency notes that one option available to trailer manufacturers 
whose manufacturer name is the same as the make is to continue to use a 
character in the position that is now, by practice, used for GVWR. In 
the information for deciphering the VIN submitted to NHTSA under Sec.  
565.7(c) trailer manufacturers can simply indicate that if any 
character appears in that position, then the make name is the same as 
the manufacturer name.
    It should be noted that if a trailer manufacturer produces 33 or 
fewer variations of trailers (i.e. combinations of make, type of 
trailer, body type, length and axle configuration--the information 
items required for trailers in the second section of the VIN as 
revised), this information could be communicated by a single character 
in one position of the second section of the VIN. What that single 
character refers to would simply have to be indicated in the 
information provided to NHTSA by the manufacturer under Sec.  565.7(c). 
In fact, a trailer manufacturer could communicate up to 132 different 
variations in the trailers it manufactures and use only four of the 
five positions in the VIN's second section by taking full advantage of 
the 33 characters available for each of those positions and submitting 
to NHTSA a full and complete description of what a given character 
means if it appears in a given position. A ``B'' in the first position 
of the second section, for example, could stand for the make, type of 
trailer, body type, length and axle configuration of one variation of 
trailer made by a given manufacturer while a ``C'' could stand for that 
same information relating to a different trailer.
    The NATM comments made the agency aware of the fact that there is 
no current need to include low speed vehicles (LSVs) in the vehicles 
that must use an alphabetic character in position number 7 of the VIN 
as required by today's final rule. These vehicles will now be treated 
the same as larger trucks, buses, trailers, and motorcycles.
7. Modification in Gross Vehicle Weight Rating Classes
    Comment:
    NESCAUM asked for a change in ``Table II--Gross Vehicle Weight 
Rating Classes'' of 49 CFR Part 565.6(b) by adding a break point at 
8,500 pounds in one of the classes listed to distinguish whether or not 
a truck is light or heavy duty.
    Agency Analysis and Response:
    The classification system in Table II of Part 565 has been in 
existence for nearly 30 years and a great deal of data has accumulated 
in various places based on this system. The agency's experience with 
this classification system suggests that the change advocated by 
NESCAUM could have a significant effect on the various data systems 
that are built on this system. Any change to this system would require 
a complete and thorough analysis of the possible impact of that change 
on these data systems. This was not an issue addressed in the petition 
that initiated this rulemaking or in the NPRM. The agency is not acting 
on this recommendation at this time, not because the recommendation is 
deemed to lack merit, but instead because of the need to publish this 
final rule promptly. This issue will be part of the comprehensive 
review of the VIN information requirements discussed in ``2. Suggested 
Changes to the Information to be Communicated by the VIN.''
8. Supply of Manufacturer Identifiers
    In the NPRM, NHTSA specifically asked for comments ``on the 
likelihood and implications of manufacturers releasing previously-
issued identifiers that are no longer in use.''
    Comments:
    On this issue the Alliance expressed the understanding that, ``this 
proposal would require no change to currently assigned and used WMIs, 
and would only affect WMIs assigned in the future. Manufacturers will 
be able to continue to use the WMIs they are currently using in 
production or that have been assigned to them.'' The Alliance also 
observed that ``a general review of assigned and reserved WMI's that 
the Society of Automotive Engineers (SAE) has requested the 
International Organization for Standardization (ISO) to undertake 
should ensure adequate availability for future needs.''
    GM said, it ``does not anticipate manufacturers releasing 
previously assigned WMIs; however, the proposed modification will 
reduce the need for additional WMIs allocation to manufacturers.''
    Ford said it anticipates many manufacturer identifiers that are 
``assigned to countries with little or no current vehicle manufacturing 
will be reassigned to other countries, thus resolving the potential 
shortage'' of manufacturer identifiers. Ford further indicated that 
``many organizations, including law enforcement, rely on consistency'' 
in manufacturer identifiers to identify vehicle manufacturers. Ford 
said it does not plan to relinquish manufacturer identifiers that are 
assigned to that company ``at this time.''
    Ferrari stated, ``Regarding the possibility to distribute old 
manufacturer identifiers no longer in use, we believe that they should 
be retained by the same manufacturer to avoid possible confusion in 
case they are given to other manufacturers.''
    Agency Analysis and Response:
    The agency does not see a need to take any action at this time 
beyond adopting the changes discussed in this final rule. As previously 
noted, vehicle make has been moved from the manufacturer identifier to 
the second section of the VIN. This should substantially reduce the 
need to issue new large manufacturer WMIs, thus extending the remaining 
supply of 400-450 of these manufacturer identifiers.
    In addition, the agency, through its contract with SAE for the 
issuance of manufacturer identifiers, has begun the process of 
identifying companies with large manufacturer identifiers that are no 
longer in business so that those

[[Page 23375]]

identifiers may be returned to the system. The agency is also 
identifying companies that were issued large manufacturer identifiers 
that, through publicly available data, the agency knows do not produce 
more than 500 vehicles a year, the current threshold for being 
considered a large manufacturer, or 1,000 vehicles a year, the 
threshold in this final rule, under Part 565. The agency anticipates 
that a number of large manufacturer identifiers will be returned to the 
system as a result of this process as well.
9. Posident Typeface
    Comments:
    While NHTSA did not propose any specific action relating to the 
``positive identification style''/``posident'' typeface, the subject 
was addressed in the NPRM and two commenters specifically commented on 
it.
    Citing the interpretation noted in the NPRM, which specifically 
states that the ``positive identification style''/``posident'' typeface 
is permitted under Part 565, GM indicated that it plans to continue its 
use of the typeface in its VIN marking.
    Harley-Davidson suggested that language in the NPRM regarding the 
``positive identification style''/``posident'' typeface ``could be 
interpreted to mean that NHTSA was not inclined to encourage use of the 
posident font.'' Additionally, Harley-Davidson said the terms 
``positive identification style font'' and ``posident'' refer to the 
same thing and noted that it uses the typeface on some frame stampings, 
although not in its VIN markings.
    Agency Analysis and Response:
    In 1978, NHTSA issued an interpretation stating that there is no 
bar to using the ``posident'' typeface in a VIN under Part 565. That 
interpretation may be found at https://isearch.nhtsa.gov/gm/78/nht78-
2.2.html. The agency is neither encouraging nor discouraging the use of 
this typeface. The agency has not changed its position with regards to 
this interpretation. The ``posident'' typeface is therefore still 
permitted under the amendments to 49 CFR Part 565 issued today.
10. Location Change for Vehicle Make: Possible Impact on State 
Regulatory Programs
    Comment:
    NYDEC said it is unclear if vehicle make would become more 
difficult to obtain if the agency's proposal is finalized as written. 
It added, ``Vehicle make must be readily available to State regulatory 
programs from the VIN.''
    Agency Analysis and Response:
    The American Association of Motor Vehicle Administrators (AAMVA) 
was a member of the SAE committee that petitioned NHTSA to commence 
this rulemaking. If moving the vehicle make from the first to the 
second section of the VIN has an impact on State regulatory programs, 
the AAMVA would presumably have discussed that matter with the 
committee. The agency does not believe that moving vehicle make from 
the first to the second section of the VIN will have any impact on the 
availability of this information to state programs. The agency is 
therefore taking no action today in response to this comment.
11. Alternative Characters
    Comment:
    Harold R. Brink, a private individual, submitted comments 
recommending that symbols, such as ``!@[caret]%&,'' be used in the VIN 
to expand the number of unique VINs available.
    Agency Response
    We do not believe that it is necessary to adopt the use of symbols 
at this time. The changes proposed in the petition and those adopted in 
this final rule provide a sufficient number of unique VINs to assure 
the continued existence of the current VIN system, with the use of only 
numeric and alphabetic characters, for at least 30 additional years.
12. Direction VIN Plate Should Face
    Comment:
    NYDMV asked that Part 565.4(f) be amended to require that the 
characters of the VIN plate face the front of the vehicle because it 
has encountered grey market vehicles with the VIN facing the driver, 
which, in some cases, makes the VIN difficult to read.
    Agency Analysis and Response:
    Section 565.4(f) specifies the approximate location of the VIN, the 
minimum size for the type, and the requirement that the VIN must be 
``readable.'' The section does not prescribe the direction in which the 
VIN plate must face. The agency is not aware of driver facing VIN 
plates creating unworkable difficulties in any broad category of other 
situations. NYDMV acknowledged in its comments that even in cases of 
grey market vehicles with driver facing VIN plates it has encountered, 
the VIN remains readable, although with some difficulty. As such, the 
agency is not specifying the direction in which the VIN plate must face 
in this rule.
13. Companies That Vacillate Between High-Volume and Low-Volume 
Production
    Comment: 
    Prevost described a situation that it indicated may be unique to 
bus/motor coach manufacturers. Because there are so few manufacturers 
in this category and the market is relatively small, a manufacturer, at 
least under the current Part 565 with its 500 vehicle dividing line 
between small and large manufacturers, may one year be a small 
manufacturer and the next a large manufacturer. As a small manufacturer 
under current Part 565, it is required to use a six character 
manufacturer identifier. As a large manufacturer, it is required to use 
a three character manufacturer identifier. Prevost recently became a 
large manufacturer under the current Part 565 and is concerned that it 
might have to return to using a small manufacturer identifier and 
change its whole VIN structure. It urged that the dividing line between 
low-volume manufacturers and high-volume manufacturers be set at a 
threshold lower than the current 500 vehicles for manufacturers of 
vehicles greater than 4536kg GVWR.
    Agency Analysis and Response:
    Prevost is principally concerned that it have one consistent 
approach to VINs and not have to switch between low-volume manufacturer 
VINs and high-volume manufacturer VINs. The agency believes that 
raising the threshold between low-volume manufacturer and high-volume 
manufacturer to 1,000 vehicles will address the situation described by 
Prevost, at least for some bus/motor coach manufacturers. However, the 
agency believes that if we lower the threshold between low-volume 
manufacturers and high-volume manufacturers, such an action would 
jeopardize the limited supply of manufacturer identifiers for high-
volume manufacturers, which was one of the driving concerns for the 
petition that initiated this rulemaking and for the agency's proceeding 
with this rulemaking. If, after the implementation of this final rule, 
there continue to be manufacturers that vacillate between low-volume 
and high-volume status, the best place to address this will be in the 
administration of the VIN system. In this way, NHTSA can better monitor 
the supply of large manufacturer identifiers and be sure that they are 
issued only in situations where it is appropriate to do so.
14. Effective Date of the Rule
    Comments: 
    There were numerous comments concerning the effective date of the 
final

[[Page 23376]]

rule, particularly the need for the final rule to be implemented 
quickly with a clear indication that it applies to all model year 2010 
vehicles. One commenter said the revised Part 565 should apply to model 
year 2010 vehicles regardless of when they are manufactured.
    The Alliance, AIAM, and Ferrari said the rule should begin with 
2010 model year. The Alliance noted, ``Some manufacturers are already 
approaching the deadline to implement changes to VIN structure for 
model year 2010.'' It suggested that there be a period, applicable to 
the 2009 model year, during which a manufacturer would be allowed to 
comply with either the old or new system. TMA also urged quick 
adoption.
    NICB provided detailed comments that focused entirely on the issue 
of effective date. It said the changes to the VIN system are needed 
``urgently'' and that a failure to implement the new structure within 
the next year would lead to ``serious consequences.''
    NICB said NHTSA's VIN regulation ``will soon allow more than one 
vehicle to have the same Vehicle Identification Number (VIN). If the 
agency allows the VIN to become anything other than a truly unique 
identifier, it will cripple enforcement of the Anti-Car Theft Act, the 
Motor Vehicle Safety Act, the Imported Vehicle Safety Compliance Act 
and a host of other Congressional mandates to protect Americans from 
car theft, salvage fraud and death or injury on the nation's highways. 
It would also jeopardize counter-terrorism efforts, especially the 
investigation of car bombings.''