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pdfFederal Register / Vol. 73, No. 84 / Wednesday, April 30, 2008 / Rules and Regulations
PART 175—CARRIAGE BY AIRCRAFT
6. The authority citation for part 175
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.
7. In § 175.10, new paragraph (a)(18)
is added to read as follows:
■
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§ 175.10 Exceptions for passengers, crew
members, and air operators.
(a) * * *
(18) Portable electronic devices (for
example, cameras, cellular phones,
laptop computers, and camcorders)
powered by fuel cell systems, and not
more than two spare fuel cell cartridges
per passenger or crew member, when
transported in carry-on baggage by
aircraft under the following conditions:
(i) Fuel cell cartridges may contain
only Class 3 flammable liquids
(including methanol), Class 8 formic
acid, Class 8 borohydride materials, or
Division 2.1 butane;
(ii) The maximum quantity of fuel in
any fuel cell cartridge may not exceed:
(A) 200 mL (6.76 ounces) for liquids,
(B) 120 mL (4 fluid ounces) for
liquefied gases in non-metallic fuel cell
cartridges, or 200 mL for liquefied gases
in metal fuel cell cartridges;
(C) 200 g (7 ounces) for solids;
(iii) No more than two spare fuel cell
cartridges may be carried by a
passenger;
(iv) Fuel cell systems containing fuel
and fuel cell cartridges including spare
cartridges are permitted in carry-on
baggage only;
(v) Fuel cell cartridges may not be
refillable by the user. Refueling of fuel
cell systems is not permitted except that
the installation of a spare cartridge is
allowed. Fuel cell cartridges that are
used to refill fuel cell systems but that
are not designed or intended to remain
installed (fuel cell refills) in a portable
electronic device are not permitted;
(vi) Fuel cell systems and fuel cell
cartridges must conform to IEC/PAS
62282–6–1 (IBR; see § 171.7 of this
subchapter);
(vii) Interaction between fuel cells
and integrated batteries in a device must
conform to IEC/PAS 62282–6–1. Fuel
cell systems for which the sole function
is to charge a battery in the device are
not permitted;
(viii) Fuel cell systems must be of a
type that will not charge batteries when
the portable electronic device is not in
use; and
(ix) Each fuel cell cartridge and
system that conforms to the
requirements in this paragraph (a)(18)
must be durably marked by the
manufacturer with the wording:
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‘‘APPROVED FOR CARRIAGE IN
AIRCRAFT CABIN ONLY’’ to certify
that the fuel cell cartridge or system
meets the specifications in IEC/PAS
62282–6–1 and all other applicable
requirements of this subchapter.
*
*
*
*
*
Issued in Washington, DC, on April 22,
2008, under the authority delegated in 49
CFR part 1.
Carl T. Johnson,
Administrator.
[FR Doc. E8–9203 Filed 4–29–08; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 565
[Docket No. NHTSA 2008–0022]
RIN 2127–AJ99
Vehicle Identification Number
Requirements
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Final rule.
AGENCY:
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.
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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
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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.
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.
• 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
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 17character 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.
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.
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 17character 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.
1 72 FR 56027 (Oct. 2, 2007) (Docket No. NHTSA–
2007–27830–0001).
2 43 FR 36448 (Aug. 17, 1978) (Docket No. 1–22;
Notice 5).
3 61 FR 29031 (June 7, 1996) (Docket No.
NHTSA–95–85; Notice 2).
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II. Background
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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
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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 sixdigit manufacturer identifier consisting
of the first three positions of the 17character 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 17character 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
4 Docket
No. NHTSA–2007–27830–0030.
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.
5 Organizations
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petition). The petition proposed changes
that would keep the current 17character 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.
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
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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
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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
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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
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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.
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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
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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 heavyduty 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 heavyduty 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:
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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.’’
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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
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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
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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
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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.’’
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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 OffRoad 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
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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
§ 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
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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
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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 § 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 § 565.7(c). In
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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.’’
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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
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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.
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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, HarleyDavidson 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 http://
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.’’
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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 ‘‘!@∧%&,’’ 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.
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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 lowvolume manufacturer VINs and highvolume 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 lowvolume manufacturers and high-volume
manufacturers, such an action would
jeopardize the limited supply of
manufacturer identifiers for highvolume 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
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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.’’ NICB urged the immediate
adoption of a final rule with an effective
date of November 1, 2008.
NICB said, ‘‘NHTSA’s proposed
effective date for MY 2010 cars—
September 1, 2009—is far too late
because VINs for any new model year
get assigned months before new cars
arrive in dealers’ showrooms. NICB’s
Shipping and Assembly File, which
includes nearly all motor vehicles
produced for sale in the United States,
typically receives from manufacturers
some pre-production VIN assignments
before the end of the calendar year that
is two years before the model year. In
other words, NICB will begin to receive
assignments for MY 2010 cars in
November 2008. In any case,
manufacturers assign VINs toward the
beginning of the production process, not
on their date of sale, so NICB will
receive large numbers of MY 2010 VINs
by April, 2009, in anticipation of
consumer sales in September, 2009.’’
Failure to have a new regulation in
effect by November 2008 ‘‘will cause
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unneeded confusion, expense, time to
obtain and add decoding for two MY
2010 formats and possible computer
conflicts with VIN decoding for MY
2010 vehicles,’’ NICB said.
Ford cautioned that delay of
publication of the final rule will cause
the company to incur costs and/or cause
delays in the manufacturing of vehicles
assigned VINs under the current Part
565. The company noted that under a
U.S. Environmental Protection Agency
regulation, 40 CFR 86.082–2, 2010
model year vehicles may be introduced
as early as January 1, 2009 and
production may begin even earlier. Ford
also noted that adequate lead time is
needed so that Transport Canada can
modify CMVSS 115, which specifies the
current Part 565 VIN structure and
content.
Agency Analysis and Response:
The effective date of this final rule is
two-fold. It becomes mandatory in one
year. That is, all vehicles manufactured
on or after the date one year from today
must have VINs that meet the
requirements of this final rule. However,
it also applies to vehicles manufactured
180 days after the date of publication of
this rule that have the letter code ‘‘A’’
or ‘‘B’’ in the 10th position of the VIN.
Its application to any particular vehicle
based on a manufacturer using the letter
‘‘A’’ or ‘‘B’’ in the 10th position of the
VIN under Part 565 allows for
implementation of the new VIN
requirements earlier than 1 year.
The effective date will be different for
different manufacturers and different
vehicles manufactured by the same
manufacturer because of the different
times those vehicles are manufactured
within the same model year. In 1 year
VINs will have to conform to the new
VIN requirements of this final rule.
Before the 1 year date, a VIN will have
to conform to the new requirements if
there is a letter ‘‘A’’ or ‘‘B’’ in the 10th
position. Under the current Part 565, a
chart indicates the numbers and letters
that are required in the 10th position for
particular model year vehicles. The
2010 model year is the first time a
character in this chart, in this case an
‘‘A’’, would be repeated in the 10th
position, which under the current Part
565 allows for both the possibility of
duplicate VINs and a situation in which
a VIN user would not be able to tell
whether a vehicle was manufactured as
a 2010 model year vehicle or a model
year 30 years earlier when ‘‘A’’ was last
used in the 10th position. Under the
amended Part 565, however, an ‘‘A’’ or
a ‘‘B’’ in the 10th position must be
newly accompanied by an alphabetic
character in the 7th position, which
ensures that the VIN will not be
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duplicative of a VIN issued for model
year vehicle 30 years ago. The agency
has therefore adopted the use of ‘‘A’’ or
‘‘B’’ in the 10th position as the trigger
by which a manufacturer must apply the
new requirements of today’s rule. These
new requirements will both avoid
duplicate VINs and enable a VIN user to
distinguish the 30 year period in which
a vehicle was manufactured.
NHTSA very much appreciates the
concerns expressed over the need for
the timely publication of this final rule.
We believe the effective date of the rule
gives regulated parties ample time to
make the changes necessary to comply
with the revised requirements of Part
565.
The current VIN requirements need to
be retained for an interim period during
the changeover to the new VIN
requirements, for the benefit of any
manufacturer that might be using the
current Part 565 VIN regulation. The
agency is moving the current VIN
requirements to a subpart in part 565,
and applying that regulation to vehicles
manufactured between today and a date
1 year from today’s date that do not
have an ‘‘A’’ or ‘‘B’’ in the 10th position
of the VIN.
B. Summary of Amendments Adopted
in This Final Rule
• The current 30 year period during
which the VINs of any two vehicles
subject to Part 565 may not be identical
has been extended to 60 years.
• A vehicle’s ‘‘make’’ must now be
communicated in, and decipherable
from, the second section of the VIN
(positions 4–8), rather than being
included in the manufacturer identifier.
• For passenger cars and
multipurpose passenger vehicles and
trucks with a gross vehicle weight rating
of 4536 kg. (10,000 lbs) or less, positions
4, 5, and 6 may now be either alphabetic
or numeric.
• For passenger cars and
multipurpose passenger vehicles and
trucks with a gross vehicle weight rating
of 4536 kg (10,000 lbs.) or less, VIN
position 7 must now be alphabetic.
Numeric or alphabetic characters
continue to be permitted in position 7
for all other vehicles.
• The ‘‘Year Codes for VIN’’ table in
Part 565 has been revised to include
character designations for years up to,
and including, 2039 to account for the
expanded period of time during which
the current VIN system will remain in
existence under this final rule.
• Vehicle attributes to be
communicated in, and decipherable
from VINs of LSVs are included in Part
565, which now clearly covers LSVs.
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• Restraint information is added to
multipurpose passenger vehicle VINs.
• The VINs of LSVs must be in the
same location as VINs for passenger
cars, multipurpose passenger vehicles
and trucks with a gross vehicle weight
rating of 4536 kg (10,000 lb) or less.
• The vehicles to which Part 565.5—
Motor vehicles imported into the United
States applies have been expanded from
‘‘passenger cars’’ to ‘‘passenger cars,
multipurpose passenger vehicles, low
speed vehicles and trucks of 4536 kg or
less GVWR.’’
• Language has been added to Part
565 to indicate that the number ‘‘9’’ in
the third VIN position means that the
vehicle is produced in sufficiently small
quantities that a low-volume
manufacturer identifier applies and that
positions 12–14 are therefore part of the
manufacturer identifier.
• A table and an explanatory note
have been added to Part 565 that
specifically indicates the digit that
should appear in the ninth position of
the VIN.
• New definitions have been added
for ‘‘low-volume manufacturer,’’ ‘‘highvolume manufacturer,’’ and
‘‘manufacturer identifier.’’
• The dividing line between highvolume and low-volume manufacturers,
which determines whether a three
character or six character manufacturer
identifier is required, has been set at
1,000 vehicles, with those
manufacturers manufacturing 1,000 or
more vehicles considered to be highvolume manufacturers.
• The contact details for the SAE in
Part 565 have been revised.
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IV. Rulemaking Analyses and Notice
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
changes the VIN requirements that for
the most part provide manufacturers
greater flexibility in meeting VIN
requirements:
• The rule helps to sustain 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 rule permits the use of either
alphabetic or numeric characters in
many positions of the VIN.
• The rule permits low-volume
manufacturers to manufacture 999
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vehicles (increased from 499) before a
new high-volume manufacturer
identifier is required.
• The rule reduces or eliminates the
waiting period before the time a
manufacturer identifier or VIN can be
used.
• The rule adds 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.
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 rule does not substantially
change those requirements. The
minimal impacts of today’s amendments
do not warrant preparation of a
regulatory evaluation.
NHTSA cannot quantify direct safety
impacts of this rule. However, NHTSA
believes that this rule will have a
beneficial effect on safety in that it
ensures the continued integrity of the
VIN system (ensuring that vehicles will
continue to be uniquely identified).
There may be some cost impacts in
changing data systems to account for
features of the VIN that are 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
will be significant. In fact,
manufacturers of most vehicles less than
10,000 lb GVWR will need to do nothing
more initially than change their systems
so that an alphabetic character appears
in position 7 of the VIN to comply with
today’s rule. For all other VIN positions,
these manufacturers may continue to
use current systems to generate VIN
characters using the old character
limitations. Because of the change from
a numeric character to an alphabetic
character in position 7, unique VINs
will be assured. These manufacturers
will be able to adjust their systems as
needed over time to be able to generate
VIN characters under the expanded
options for characters contained in the
final rule. This ability to adapt slowly
to the final rule will further ameliorate
the cost impact of the final rule.
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, 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
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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.’’
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 rule under the Regulatory
Flexibility Act. I certify that this rule
will not have a significant economic
impact on a substantial number of small
entities. Any small vehicle
manufacturers that stand to be affected
by this 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 will have to make sure that the
VIN reflects the LSV features newly
added to Table 1 of Part 565, but the
burden associated with that
responsibility should be negligible and
will not result in a significant economic
impact.
Executive Order 13132 (Federalism)
NHTSA has examined this rule
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
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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
rule. NHTSA rules can have preemptive
effect in at least two ways. First, the
National Traffic and Motor Vehicle
Safety Act contains an express
preemption 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 the 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
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
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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 rule will 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 rule will
permit the use of alphabetic and
numeric characters in certain VIN
positions, which is likely to
substantially increase harmonization of
Part 565 with the ISO identification
standard.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4) 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
expenditures by State, local or tribal
governments, in the aggregate, or by the
private sector, of more than $100
million annually (adjusted annually for
inflation with base year of 1995).
Adjusting this amount by the implicit
gross domestic product price deflator for
the year 2007 results in $130 million
annually (119.682 / 92.106 = 1.30). 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 $130 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
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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 rule
according to the general requirements
and the specific requirements for
regulations set forth in Executive Order
12988. This 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. Although the
agency may require information to be
provided in a slightly different way as
a result of this final rule (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 send them to the
address provided at the beginning of
this document.
Regulation Identifier Number (RIN)
The Department of Transportation
assigns a regulation identifier number
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(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).
List of Subjects in 49 CFR Part 565
Motor vehicle safety, Reporting and
recordkeeping requirements;
incorporation by reference.
■ In consideration of the foregoing,
NHTSA revises 49 CFR part 565 to read
as follows:
PART 565—VEHICLE IDENTIFICATION
NUMBER (VIN) REQUIREMENTS
Subpart A—General Applicability of
Subparts
Sec.
565.1 Purpose and scope.
565.2 Application.
Subpart B—VIN Requirements
Sec.
565.10 Purpose and scope.
565.11 Applicability.
565.12 Definitions.
565.13 General requirements.
565.14 Motor vehicles imported into the
United States.
565.15 Content requirements.
565.16 Reporting requirements.
mstockstill on PROD1PC66 with RULES
Subpart A—General Applicability of
Subparts
Purpose and scope.
This part specifies the format, content
and physical requirements for a vehicle
16:50 Apr 29, 2008
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Application.
(a) Subpart B of this part 565 applies
to passenger cars, multipurpose
passenger vehicles, trucks, buses,
trailers (including trailer kits),
incomplete vehicles, low speed
vehicles, and motorcycles manufactured
on or after October 27, 2008 whose VINs
have a letter ‘‘A’’ or ‘‘B’’ in the 10th
position, and to passenger cars,
multipurpose passenger vehicles,
trucks, buses, trailers (including trailer
kits), incomplete vehicles, low speed
vehicles, and motorcycles manufactured
on or after April 30, 2009. Vehicles
imported into the United States under
49 CFR 591.14(f), other than by the
corporation responsible for the assembly
of that vehicle or a subsidiary of such
a corporation, are excluded from
requirements of § 565.13(b), § 565.13(c),
§ 565.13(g), § 565.13(h), § 565.14 and
§ 565.15.
(b) Subpart C of this part 565 sets
forth alternative VIN requirements for
certain vehicles manufactured on or
after April 30, 2008 and before April 30,
2009. For those vehicles, a manufacturer
may, at its option, comply with the
requirements of Subpart C instead of the
requirements of Subpart B of this part,
provided that the vehicle identification
number (VIN) does not have a letter ‘‘A’’
or ‘‘B’’ in the 10th position of the VIN.
§ 565.10
Authority: 49 U.S.C. 322, 30111, 30115,
30117, 30141, 30146, 30166, and 30168;
delegation of authority at 49 CFR 1.50.
VerDate Aug<31>2005
§ 565.2
Subpart B—VIN Requirements
Subpart C—Alternative VIN Requirements In
Effect for Limited Period
565.20 Purpose and scope.
565.21 Applicability.
565.22 Definitions.
565.23 General requirements.
565.24 Motor vehicles imported into the
United States.
565.25 Content requirements.
565.26 Reporting requirements.
§ 565.1
identification number (VIN) system and
its installation to simplify vehicle
identification information retrieval and
to increase the accuracy and efficiency
of vehicle recall campaigns.
Purpose and scope.
This part specifies the format, content
and physical requirements for a vehicle
identification number (VIN) system and
its installation to simplify vehicle
identification information retrieval and
to increase the accuracy and efficiency
of vehicle recall campaigns.
§ 565.11
Applicability.
See Subpart A of this part 572
regarding the general applicability of
this subpart. This part applies to
passenger cars, multipurpose passenger
vehicles, trucks, buses, trailers
(including trailer kits), incomplete
vehicles, low speed vehicles, and
motorcycles manufactured on or after
October 27, 2008 whose VINs have a
letter ‘‘A’’ or ‘‘B’’ in the 10th position,
and to passenger cars, multipurpose
passenger vehicles, trucks, buses,
trailers (including trailer kits),
incomplete vehicles, low speed
vehicles, and motorcycles manufactured
on or after April 30 2009. Vehicles
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imported into the United States under
49 CFR 591.14(f), other than by the
corporation responsible for the assembly
of that vehicle or a subsidiary of such
a corporation, are excluded from
requirements of § 565.13(b), § 565.13(c),
§ 565.13(g), § 565.13(h), § 565.14 and
§ 565.15.
§ 565.12
Definitions.
(a) Federal Motor Vehicle Safety
Standards Definitions. Unless otherwise
indicated, all terms used in this part
that are defined in 49 CFR 571.3 are
used as defined in 49 CFR 571.3.
(b) Body type means the general
configuration or shape of a vehicle
distinguished by such characteristics as
the number of doors or windows, cargocarrying features and the roofline (e.g.,
sedan, fastback, hatchback).
(c) Check digit means a single number
or the letter X used to verify the
accuracy of the transcription of the
vehicle identification number.
(d) Engine type means a power source
with defined characteristics such as fuel
utilized, number of cylinders,
displacement, and net brake
horsepower. The specific manufacturer
and make shall be represented if the
engine powers a passenger car or a
multipurpose passenger vehicle, or
truck with a gross vehicle weight rating
of 4536 kg (10,000 lb) or less.
(e) High-volume manufacturer, for
purposes of this part, means a
manufacturer of 1,000 or more vehicles
of a given type each year.
(f) Incomplete vehicle means an
assemblage consisting, as a minimum, of
frame and chassis structure, power
train, steering system, suspension
system and braking system, to the extent
that those systems are to be part of the
completed vehicle, that requires further
manufacturing operations, other than
the addition of readily attachable
components, such as mirrors or tire and
rim assemblies, or minor finishing
operations such as painting, to become
a completed vehicle.
(g) Line means a name that a
manufacturer applies to a family of
vehicles within a make which have a
degree of commonality in construction,
such as body, chassis or cab type.
(h) Low-volume manufacturer, for
purposes of this part, means a
manufacturer of fewer than 1,000
vehicles of a given type each year.
(i) Make means a name that a
manufacturer applies to a group of
vehicles or engines.
(j) Manufacturer means a person—
(1) Manufacturing or assembling
motor vehicles or motor vehicle
equipment; or
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(2) Importing motor vehicles or motor
vehicle equipment for resale.
(k) Manufacturer identifier means the
first three digits of a VIN of a vehicle
manufactured by a high-volume
manufacturer, and the first three digits
of a VIN and the twelfth through
fourteenth digits of a VIN of a vehicle
manufactured by a low-volume
manufacturer.
(l) Model means a name that a
manufacturer applies to a family of
vehicles of the same type, make, line,
series and body type.
(m) Model year means the year used
to designate a discrete vehicle model,
irrespective of the calendar year in
which the vehicle was actually
produced, provided that the production
period does not exceed 24 months.
(n) Plant of manufacture means the
plant where the manufacturer affixes the
VIN.
(o) Series means a name that a
manufacturer applies to a subdivision of
a ‘‘line’’ denoting price, size or weight
identification and that is used by the
manufacturer for marketing purposes.
(p) Trailer kit means a trailer that is
fabricated and delivered in complete but
unassembled form and that is designed
to be assembled without special
machinery or tools.
(q) Type means a class of vehicle
distinguished by common traits,
including design and purpose.
Passenger cars, multipurpose passenger
vehicles, trucks, buses, trailers,
incomplete vehicles, low speed
vehicles, and motorcycles are separate
types.
(r) VIN means a series of Arabic
numbers and Roman letters that is
assigned to a motor vehicle for
identification purposes.
mstockstill on PROD1PC66 with RULES
§ 565.13
General requirements.
(a) Each vehicle manufactured in one
stage shall have a VIN that is assigned
by the manufacturer. Each vehicle
manufactured in more than one stage
shall have a VIN assigned by the
incomplete vehicle manufacturer.
Vehicle alterers, as specified in 49 CFR
567.16, shall utilize the VIN assigned by
the original manufacturer of the vehicle.
(b) Each VIN shall consist of
seventeen (17) characters.
(c) A check digit shall be part of each
VIN. The check digit shall appear in
position nine (9) of the VIN, on the
vehicle and on any transfer documents
containing the VIN prepared by the
manufacturer to be given to the first
owner for purposes other than resale.
(d) The VINs of any two vehicles
subject to the Federal motor vehicle
safety standards and manufactured
within a 60-year period beginning with
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the 1980 model year shall not be
identical.
(e) The VIN of each vehicle shall
appear clearly and indelibly upon either
a part of the vehicle, other than the
glazing, that is not designed to be
removed except for repair or upon a
separate plate or label that is
permanently affixed to such a part.
(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.
(g) Each character in each VIN shall
be one of the letters in the set:
[ABCDEFGHJKLMNPRSTUVWXYZ] or
a numeral in the set: [0123456789]
assigned according to the method given
in § 565.14.
(h) All spaces provided for in the VIN
must be occupied by a character
specified in paragraph (g) of this
section.
(i) The type face utilized for each VIN
shall consist of capital, sanserif
characters.
§ 565.14 Motor vehicles imported into the
United States.
(a) Importers shall utilize the VIN
assigned by the original manufacturer of
the motor vehicle.
(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 565.13 and 565.14
shall have a plate or label that contains
the following statement, in characters
that have a minimum height of 4 mm
and the identification number assigned
by the vehicle’s original manufacturer
inserted in the blank: SUBSTITUTE
FOR U.S. VIN: lllll SEE 49 CFR
PART 565. The plate or label shall
conform to § 565.13 (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
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number affixed by the original
manufacturer. Motor vehicles
conforming to Canada Motor Vehicle
Safety Standard 115 are exempt from
this paragraph.
§ 565.15
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 § 565.16(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: http://
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, the fourth
character (position 7) of this section
shall be alphabetic. 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
§ 565.16(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, and for multipurpose passenger vehicles with a gross vehicle weight
rating (GVWR) of 4536kg (10,000 lb) or
less all restraint devices and their location.
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TABLE I.—TYPE OF VEHICLE AND INFORMATION DECIPHERABLE—Continued
TABLE II.—GROSS VEHICLE WEIGHT
RATING CLASSES—Continued
Class H—Greater than 4082 kg. to 4536 kg.
(9,001–10,000 lbs.)
Class 3—Greater than 4536 kg. to 6350 kg.
(10,001–14,000 lbs.)
Class 4—Greater than 6350 kg. to 7257 kg.
(14,001–16,000 lbs.)
Class 5—Greater than 7257 kg. to 8845 kg.
(16,001–19,500 lbs.)
Class 6—Greater than 8845 kg. to 11793 kg.
(19,501–26,000 lbs.)
Class 7—Greater than 11793 kg. to 14968
kg.(26,001–33,000 lbs.)
Class 8—Greater than 14968 kg. (33,001 lbs.
and over)
Truck: Make, model or line, series, chassis,
cab type, engine type, brake system, gross
vehicle weight rating, and for trucks with a
gross vehicle weight rating (GVWR) of
4536 kg (10,000 lb) or less all restraint devices and their location.
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, restraint system type, body type,
and gross vehicle weight rating.
Note to Table I: Engine net brake horsepower when encoded in the VIN shall differ
by no more than 10 percent from the actual net brake horsepower; shall in the
case of motorcycle with an actual net
brake horsepower of 2 or less, be not
more than 2; and shall be greater than 2 in
the case of a motorcycle with an actual
brake horsepower greater than 2.
(c) The third section shall consist of
one character, which occupies position
nine (9) in the VIN. This section shall
be the check digit whose purpose is to
provide a means for verifying the
accuracy of any VIN transcription. After
all other characters in VIN have been
determined by the manufacturer, the
check digit shall be calculated by
carrying out the mathematical
computation specified in paragraphs (c)
(1) through (4) of this section.
(1) Assign to each number in the VIN
its actual mathematical value and assign
to each letter the value specified for it
in Table III, as follows:
TABLE II.—GROSS VEHICLE WEIGHT
RATING CLASSES
TABLE III.—ASSIGNED VALUES
Class A—Not greater than 1360 kg. (3,000
lbs.)
Class B—Greater than 1360 kg. to 1814 kg.
(3,001–4,000 lbs.)
Class C—Greater than 1814 kg. to 2268 kg.
(4,001–5,000 lbs.)
Class D—Greater than 2268 kg. to 2722 kg.
(5,001–6,000 lbs.)
Class E—Greater than 2722 kg. to 3175 kg.
(6,001–7,000 lbs.)
Class F—Greater than 3175 kg. to 3629 kg.
(7,001–8,000 lbs.)
Class G—Greater than 3629 kg. to 4082 kg.
(8,001–9,000 lbs.)
A=1
B=2
C=3
D=4
E=5
F=6
G=7
H=8
J=1
K=2
L=3
M=4
N=5
TABLE III.—ASSIGNED VALUES—
Continued
P=7
R=9
S=2
T=3
U=4
V=5
W=6
X=7
Y=8
Z=9
(2) Multiply the assigned value for
each character in the VIN by the
position weight factor specified in Table
IV, as follows:
TABLE IV.—VIN POSITION AND
WEIGHT FACTOR
1st .......................................
2d ........................................
3d ........................................
4th .......................................
5th .......................................
6th .......................................
7th .......................................
8th .......................................
9th .......................................
10th .....................................
11th .....................................
12th .....................................
13th .....................................
14th .....................................
15th .....................................
16th .....................................
17th .....................................
8
7
6
5
4
3
2
10
(check digit)
9
8
7
6
5
4
3
2
(3) Add the resulting products and
divide the total by 11.
(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. The check digit,
zero through nine (0–9) or the letter ‘‘X’’
shall appear in VIN position nine (9).
TABLE V.—NINTH POSITION CHECK DIGIT VALUES
[Rounded to the nearest thousandth]
Fractional Remainder ...............................
Decimal Equivalent Remainder ................
Check Digit ...............................................
0
0
0
1/11
0.091
1
2/11
0.182
2
3/11
0.273
3
4/11
0.364
4
5/11
0.455
5
6/11
0.545
6
7/11
0.634
7
8/11
0.727
8
9/11
0.818
9
10/11
0.909
X
(5) A sample check digit calculation is
shown in Table VI as follows:
mstockstill on PROD1PC66 with RULES
TABLE VI.—CALCULATION OF A CHECK DIGIT
Vin Position ...........
Sample VIN ..........
Assigned Value .....
Weight Factor .......
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7
3
4
4
6
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10
9
........
........
0
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11
G
7
8
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3
4
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4
4
3
17
1
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TABLE VI.—CALCULATION OF A CHECK DIGIT—Continued
Multiply Assigned
value times
weight factor ......
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.
International, 400 Commonwealth
Drive, Warrendale, Pennsylvania,
15096, Attention: WMI Coordinator
Year
Code (telephone: 724–776–4841). Any
requests for identifiers submitted to
2039 .....................................................
9 NHTSA will be forwarded to SAE.
Note to Table VII: For passenger cars, and Manufacturers may request a specific
for multipurpose passenger vehicles and identifier or may request only
trucks with a gross vehicle weight rating of assignment of an identifier(s). SAE will
4536 kg (10,000 lb) or less, if position 7 is nu- review requests for specific identifiers
meric, the Model Year in position 10 of the
VIN refers to a year in the range 1980–2009. to determine that they do not conflict
If position 7 is alphabetic, the Model Year in with an identifier already assigned or
Position 10 of the VIN refers to a year in the block of identifiers already reserved.
range 2010–2039.
SAE will confirm the assignments in
(2) The second character of the fourth writing to the requester. Once confirmed
section shall represent the plant of
by SAE, the identifier need not be
manufacture.
resubmitted to NHTSA.
(3) The third through the eighth
(b) Manufacturers of vehicles subject
characters of the fourth section
VIN
to this part shall submit, either directly
(positions 12 through 17) shall represent or through an agent, the unique
Code the number sequentially assigned by the identifier for each make and type of
manufacturer in the production process vehicle it manufactures at least 60 days
5 if the manufacturer is a high-volume
before affixing the first VIN using the
6 manufacturer. If a manufacturer is a
identifier. Manufacturers whose unique
7 low-volume manufacturer, the third,
identifier appears in the fourth section
8 fourth, and fifth characters of the fourth
of the VIN shall also submit the three
9 section (positions 12, 13, and 14),
characters of the first section that
A combined with the three characters of
constitutes a part of their identifier.
B the first section (positions 1, 2, and 3),
(c) Manufacturers of vehicles subject
C shall uniquely identify the manufacturer
to the requirements of this part shall
D and type of the motor vehicle and the
submit to NHTSA the information
E sixth, seventh, and eighth characters of
necessary to decipher the characters
F the fourth section (positions 15, 16, and
contained in its VINs. Amendments to
G 17) shall represent the number
this information shall be submitted to
H sequentially assigned by the
J manufacturer in the production process. the agency for VINs containing an
amended coding. The agency will not
K
routinely provide written approvals of
L § 565.16 Reporting requirements.
these submissions, but will contact the
M
The information collection
N requirements contained in this part have manufacturer should any corrections to
these submissions be necessary.
P been approved by the Office of
R Management and Budget under the
(d) The information required under
S provisions of the Paperwork Reduction
paragraph (c) of this section shall be
T Act (44 U.S.C. 3501 et seq. ) and have
submitted at least 60 days prior to
V been assigned OMB Control Number
offering for sale the first vehicle
W 2127–0510.
identified by a VIN containing that
X
(a) The National Highway Traffic
information, or if information
Y Safety Administration (NHTSA) has
concerning vehicle characteristics
1 contracted with the SAE International to sufficient to specify the VIN code is
2 coordinate the assignment of
unavailable to the manufacturer by that
3 manufacturer identifiers to
date, then within one week after that
4 manufacturers in the United States.
information first becomes available. The
5 Manufacturer identifiers will be
information shall be addressed to:
6 supplied by SAE at no charge. All
Administrator, National Highway
7 requests for assignments of
Traffic Safety Administration, 1200 New
8 manufacturer identifiers should be
Jersey Avenue, SE, Washington, DC
forwarded directly to: SAE
20590, Attention: VIN Coordinator.
(d) The fourth section shall consist of
eight characters, which occupy
positions ten through seventeen (10–17)
of the VIN. The last five (5) characters
of this section shall be numeric for
passenger cars and for multipurpose
passenger vehicles and trucks with a
gross vehicle weight rating of 4536 kg.
(10,000 lbs.) or less, and the last four (4)
characters shall be numeric for all other
vehicles.
(1) The first character of the fourth
section shall represent the vehicle
model year. The year shall be
designated as indicated in Table VII as
follows:
TABLE VII.—YEAR CODES FOR
mstockstill on PROD1PC66 with RULES
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
.....................................................
.....................................................
.....................................................
.....................................................
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.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
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.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
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TABLE VII.—YEAR CODES FOR VIN—
Continued
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Subpart C—Alternative VIN
Requirements In Effect for Limited
Period
§ 565.20
Purpose and scope.
This part specifies the format, content
and physical requirements for a vehicle
identification number (VIN) system and
its installation to simplify vehicle
identification information retrieval and
to increase the accuracy and efficiency
of vehicle recall campaigns.
§ 565.21
Applicability.
See Subpart A of this part 572
regarding the applicability of this
subpart. This part applies to passenger
cars, multipurpose passenger vehicles,
trucks, buses, trailers (including trailer
kits), incomplete vehicles, and
motorcycles. Vehicles imported into the
United States under 49 CFR 591.24(f),
other than by the corporation
responsible for the assembly of that
vehicle or a subsidiary of such a
corporation, are excluded from
requirements of § 565.23(b), § 565.23(c),
§ 565.23(g), § 565.23(h), § 565.24 and
§ 565.25.
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§ 565.22
Definitions.
(a) Federal Motor Vehicle Safety
Standards Definitions. Unless otherwise
indicated, all terms used in this part
that are defined in 49 CFR 571.3 are
used as defined in 49 CFR 571.3.
(b) Body type means the general
configuration or shape of a vehicle
distinguished by such characteristics as
the number of doors or windows, cargocarrying features and the roofline (e.g.,
sedan, fastback, hatchback).
(c) Check digit means a single number
or the letter X used to verify the
accuracy of the transcription of the
vehicle identification number.
(d) Engine type means a power source
with defined characteristics such as fuel
utilized, number of cylinders,
displacement, and net brake
horsepower. The specific manufacturer
and make shall be represented if the
engine powers a passenger car or a
multipurpose passenger vehicle, or
truck with a gross vehicle weight rating
of 4536 kg. (10,000 lbs.) or less.
(e) Incomplete vehicle means an
assemblage consisting, as a minimum, of
frame and chassis structure, power
train, steering system, suspension
system and braking system, to the extent
that those systems are to be part of the
completed vehicle, that requires further
manufacturing operations, other than
the addition of readily attachable
components, such as mirrors or tire and
rim assemblies, or minor finishing
operations such as painting, to become
a completed vehicle.
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(f) Line means a name that a
manufacturer applies to a family of
vehicles within a make which have a
degree of commonality in construction,
such as body, chassis or cab type.
(g) Make means a name that a
manufacturer applies to a group of
vehicles or engines.
(h) Manufacturer means a person—
(1) Manufacturing or assembling
motor vehicles or motor vehicle
equipment; or
(2) Importing motor vehicles or motor
vehicle equipment for resale.
(i) Model means a name that a
manufacturer applies to a family of
vehicles of the same type, make, line,
series and body type.
(j) Model Year means the year used to
designate a discrete vehicle model,
irrespective of the calendar year in
which the vehicle was actually
produced, provided that the production
period does not exceed 24 months.
(k) Plant of manufacture means the
plant where the manufacturer affixes the
VIN.
(l) Series means a name that a
manufacturer applies to a subdivision of
a ‘‘line’’ denoting price, size or weight
identification and that is used by the
manufacturer for marketing purposes.
(m) Trailer kit means a trailer that is
fabricated and delivered in complete but
unassembled form and that is designed
to be assembled without special
machinery or tools.
(n) Type means a class of vehicle
distinguished by common traits,
including design and purpose.
Passenger cars, multipurpose passenger
vehicles, trucks, buses, trailers,
incomplete vehicles and motorcycles
are separate types.
(o) VIN means a series of Arabic
numbers and Roman letters that is
assigned to a motor vehicle for
identification purposes.
§ 565.23
General requirements.
(a) Each vehicle manufactured in one
stage shall have a VIN that is assigned
by the manufacturer. Each vehicle
manufactured in more than one stage
shall have a VIN assigned by the
incomplete vehicle manufacturer.
Vehicle alterers, as specified in 49 CFR
567.26, shall utilize the VIN assigned by
the original manufacturer of the vehicle.
(b) Each VIN shall consist of
seventeen (17) characters.
(c) A check digit shall be part of each
VIN. The check digit shall appear in
position nine (9) of the VIN, on the
vehicle and on any transfer documents
containing the VIN prepared by the
manufacturer to be given to the first
owner for purposes other than resale.
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23383
(d) The VINs of any two vehicles
manufactured within a 30-year period
shall not be identical.
(e) The VIN of each vehicle shall
appear clearly and indelibly upon either
a part of the vehicle, other than the
glazing, that is not designed to be
removed except for repair or upon a
separate plate or label that is
permanently affixed to such a part.
(f) The VIN for passenger cars,
multipurpose passenger 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.
(g) Each character in each VIN shall
be one of the letters in the set:
[ABCDEFGHJKLMNPRSTUVWXYZ] or
a numeral in the set: [0123456789]
assigned according to the method given
in § 565.24.
(h) All spaces provided for in the VIN
must be occupied by a character
specified in paragraph (g) of this
section.
(i) The type face utilized for each VIN
shall consist of capital, sanserif
characters.
§ 565.24 Motor vehicles imported into the
United States.
(a) Importers shall utilize the VIN
assigned by the original manufacturer of
the motor vehicle.
(b) A passenger car certified by a
Registered Importer under 49 CFR part
592 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:lllSEE PART 565.
The plate or label shall conform to
§ 565.23 (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 lighting
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. Passenger cars
conforming to Canadian Motor Vehicle
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this paragraph.
§ 565.25
Content requirements.
The VIN shall consist of four sections
of characters which shall be grouped
accordingly:
(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, make and type of the
motor vehicle if its manufacturer
produces 500 or more motor vehicles of
its type annually. If the manufacturer
produces less than 500 motor vehicles
of its type annually, these characters
along with the third, fourth and fifth
characters of the fourth section shall
uniquely identify the manufacturer,
make and type of the motor vehicle.
These characters are assigned in
accordance with § 565.26(a).
(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 VIII. For passenger cars, and for
multipurpose passenger vehicles and
trucks with a gross vehicle weight rating
of 4536 kg (10,000 lb) or less, the first
and second characters shall be
alphabetic and the third and fourth
characters shall be numeric. 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
§ 565.26(c). In submitting the required
information to NHTSA relating to gross
vehicle weight rating, the designations
in Table IX shall be used. The use of
these designations within the VIN itself
is not required. Tables VIII and IX
follow:
TABLE VIII.—TYPE OF VEHICLE AND INFORMATION DECIPHERABLE
Passenger car: Line, series, body type, engine type and restraint system type.
Multipurpose passenger vehicle: Line, series, body type, engine type, gross vehicle weight rating.
Truck: Model or line, series, chassis, cab type, engine type, brake system and gross vehicle weight rating.
Bus: Model or line, series, body type, engine type, and brake system.
Trailer, including trailer kits and incomplete trailer: Type of trailer, body type, length and axle configuration.
Motorcycle: Type of motorcycle, line, engine type, and net brake horsepower.
Incomplete Vehicle other than a trailer: Model or line, series, cab type, engine type and brake system.
Note to Table VIII: Engine net brake horsepower when encoded in the VIN shall differ by no more than 10 percent from the actual net brake
horsepower; shall in the case of motorcycle with an actual net brake horsepower of 2 or less, be not more than 2; and shall be greater than 2 in
the case of a motorcycle with an actual brake horsepower greater than 2.
TABLE IX.—GROSS VEHICLE WEIGHT
RATING CLASSES
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Class A—Not greater than 1360 kg. (3,000
lbs.)
Class B—Greater than 1360 kg. to 1814 kg.
(3,001–4,000 lbs.)
Class C—Greater than 1814 kg. to 2268 kg.
(4,001–5,000 lbs.)
Class D—Greater than 2268 kg. to 2722 kg.
(5,001–6,000 lbs.)
Class E—Greater than 2722 kg. to 3175 kg.
(6,001–7,000 lbs.)
Class F—Greater than 3175 kg. to 3629 kg.
(7,001–8,000 lbs.)
Class G—Greater than 3629 kg. to 4082 kg.
(8,001–9,000 lbs.)
Class H—Greater than 4082 kg. to 4536 kg.
(9,001–10,000 lbs.)
Class 3—Greater than 4536 kg. to 6350 kg.
(10,001–14,000 lbs.)
Class 4—Greater than 6350 kg. to 7257 kg.
(14,001–16,000 lbs.)
Class 5—Greater than 7257 kg. to 8845 kg.
(16,001–19,500 lbs.)
Class 6—Greater than 8845 kg. to 11793 kg.
(19,501–26,000 lbs.)
Class 7—Greater than 11793 kg. to 14968
kg.(26,001–33,000 lbs.)
Class 8—Greater than 14968 kg. (33,001 lbs.
and over).
(c) The third section shall consist of
one character, which occupies position
nine (9) in the VIN. This section shall
be the check digit whose purpose is to
provide a means for verifying the
accuracy of any VIN transcription. After
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all other characters in VIN have been
determined by the manufacturer, the
check digit shall be calculated by
carrying out the mathematical
computation specified in paragraphs (c)
(1) through (4) of this section.
(1) Assign to each number in the VIN
its actual mathematical value and assign
to each letter the value specified for it
in Table X, as follows:
TABLE X.—ASSIGNED VALUES
A=1
B=2
C=3
D=4
E=5
F=6
G=7
H=8
J=1
K=2
L=3
M=4
N=5
P=7
R=9
S=2
T=3
U=4
V=5
W=6
X=7
Y=8
Z=9
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(2) Multiply the assigned value for
each character in the VIN by the
position weight factor specified in Table
XI, as follows:
TABLE XI.—VIN POSITION AND
WEIGHT FACTOR
1st .........................................
2d ..........................................
3d ..........................................
4th .........................................
5th .........................................
6th .........................................
7th .........................................
8th .........................................
9th .........................................
10th .......................................
11th .......................................
12th .......................................
13th .......................................
14th .......................................
15th .......................................
16th .......................................
17th .......................................
8
7
6
5
4
3
2
10
(check digit)
9
8
7
6
5
4
3
2
(3) Add the resulting products and
divide the total by 11.
(4) The numerical remainder is the
check digit. If the remainder is 10 the
letter ‘‘X’’ shall be used to designate the
check digit. The correct numeric
remainder, 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 XII as follows:
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23385
TABLE XII.—CALCULATION OF A CHECK DIGIT
VIN Position 12 .....
Sample VIN ..........
Assigned Value .....
Weight Factor .......
Multiply Assigned
value times ........
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.
The remainder is 4; this is the check digit to be inserted in position nine (9) of the VIN.
(d) The fourth section shall consist of
eight characters, which occupy
positions ten through seventeen (10–17)
of the VIN. The last five (5) characters
of this section shall be numeric for
passenger cars and for multipurpose
passenger vehicles and trucks with a
gross vehicle weight rating of 4536 kg.
(10,000 lbs.) or less, and the last four (4)
characters shall be numeric for all other
vehicles.
(1) The first character of the fourth
section shall represent the vehicle
model year. The year shall be
designated as indicated in Table XIII as
follows:
TABLE XIII.—YEAR CODES FOR VIN
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Year
Code
(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
produces 500 or more vehicles of its
type annually. If the manufacturer
produces less than 500 motor vehicles
of its type annually, the third, fourth
and fifth characters of the fourth
section, combined with the three
characters of the first section, shall
uniquely identify the manufacturer,
make 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.
§ 565.26
Reporting requirements.
The information collection
1980 .....................................................
A requirements contained in this part have
1981 .....................................................
B been approved by the Office of
1982 .....................................................
C Management and Budget under the
1983 .....................................................
D provisions of the Paperwork Reduction
1984 .....................................................
E Act (44 U.S.C. 3501 et seq.) and have
1985 .....................................................
F
been assigned OMB Control Number
1986 .....................................................
G
1987 .....................................................
H 2127–0510.
(a) The National Highway Traffic
1988 .....................................................
J
1989 .....................................................
K Safety Administration (NHTSA) has
1990 .....................................................
L contracted with the SAE International
1991 .....................................................
M (SAE) to coordinate the assignment of
1992 .....................................................
N manufacturer identifiers. Manufacturer
1993 .....................................................
P identifiers will be supplied by SAE at
1994 .....................................................
R no charge. All requests for assignments
1995 .....................................................
S
of manufacturer identifiers should be
1996 .....................................................
T
1997 .....................................................
V forwarded directly to: SAE
1998 .....................................................
W International, 400 Commonwealth
1999 .....................................................
X Drive, Warrendale, Pennsylvania 15096,
2000 .....................................................
Y Attention: WMI Coordinator. Any
2001 .....................................................
1 requests for identifiers submitted to
2002 .....................................................
2 NHTSA will be forwarded to SAE.
2003 .....................................................
3 Manufacturers may request a specific
2004 .....................................................
4 identifier or may request only
2005 .....................................................
5
assignment of an identifier(s). SAE will
2006 .....................................................
6
2007 .....................................................
7 review requests for specific identifiers
2008 .....................................................
8 to determine that they do not conflict
2009 .....................................................
9 with an identifier already assigned or
2010 .....................................................
A block of identifiers already reserved.
2011 .....................................................
B SAE will confirm the assignments in
2012 .....................................................
C writing to the requester. Once confirmed
2013 .....................................................
D by SAE, the identifier need not be
resubmitted to NHTSA.
(2) The second character of the fourth
(b) Manufacturers of vehicles subject
section shall represent the plant of
to this part shall submit, either directly
manufacture.
or through an agent, the unique
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identifier for each make and type of
vehicle it manufactures at least 60 days
before affixing the first VIN using the
identifier. Manufacturers whose unique
identifier appears in the fourth section
of the VIN shall also submit the three
characters of the first section that
constitutes a part of their identifier.
(c) Manufacturers of vehicles subject
to the requirements of this part shall
submit to NHTSA the information
necessary to decipher the characters
contained in its VINs. Amendments to
this information shall be submitted to
the agency for VINs containing an
amended coding. The agency will not
routinely provide written approvals of
these submissions, but will contact the
manufacturer should any corrections to
these submissions be necessary.
(d) The information required under
paragraph (c) of this section shall be
submitted at least 60 days prior to
offering for sale the first vehicle
identified by a VIN containing that
information, or if information
concerning vehicle characteristics
sufficient to specify the VIN code is
unavailable to the manufacturer by that
date, then within one week after that
information first becomes available. The
information shall be addressed to:
Administrator, National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC
20590, Attention: VIN Coordinator.
Issued: April 24, 2008.
Nicole R. Nason,
Administrator.
[FR Doc. 08–1197 Filed 4–25–08; 10:50 am]
BILLING CODE 4910–59–P
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File Type | application/pdf |
File Title | Document |
Subject | Extracted Pages |
Author | U.S. Government Printing Office |
File Modified | 2011-10-19 |
File Created | 2011-05-06 |