

[Federal Register: October 2, 2007 (Volume 72, Number 190)]
[Proposed Rules]               
[Page 56027-56036]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc07-13]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 565

[Docket No. NHTSA-2007-27830]
RIN 2127-AJ99

 
Vehicle Identification Number Requirements

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: Based on concerns that the supply of unique available Vehicle 
Identification Numbers is diminishing, NHTSA is proposing to amend the 
agency's Vehicle Identification Number (VIN) regulation. The amendment 
would ensure that there will be a sufficient number of unique 
manufacturer identifiers and VINs for the current 17-character VIN 
system to use for at least another 30 years. This NPRM also proposes 
other changes to the VIN requirements, such as proposing to require 
that certain vehicle characteristics of low speed vehicles (LSVs) must 
be reflected in the VIN of LSVs. This rulemaking also responds to a 
petition for rulemaking from SAE International (SAE).

DATES: You should submit your comments early enough to ensure that 
Docket Management receives them not later than November 16, 2007. 
Proposed effective date of final rule: assuming that a final rule is 
issued, NHTSA proposes that the changes adopted by the rule would be 
mandatory beginning with model year 2010 and later model year vehicles 
manufactured on or after September 1, 2009.

ADDRESSES: You may submit comments identified by the above DOT Docket 
Number by any of the following methods:
    If filing comments by September 27, 2007, please use:
     Web Site: http://dms.dot.gov. Follow the instructions for 

submitting comments on the Department of Transportation Docket 
Management System electronic docket site. No electronic submissions 
will be accepted between September 28, 2007, and October 1, 2007.
    If filing comments on or after October 1, 2007, use:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the online instructions for submitting 

comments.
    Alternatively, you can file comments using the following methods:
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation heading of the Supplementary Information section of this 
document. Note that all comments received will be posted without change 
to http://www.dms.dot.gov or http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading 
below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov until September 27, 2007, 

or the street address listed above. The DOT docket may be offline at 
times between September 28 through September 30 to migrate to the 
Federal Docket Management System (FDMS). On October 1, 2007, the 
Internet access to the docket will be at http://www.regulations.gov. 

Follow the online instructions for accessing the dockets.

FOR FURTHER INFORMATION CONTACT: For technical issues, you may call Mr. 
Ken Hardie, Office of Rulemaking (Telephone: 202-366-6987) (Fax: 202-
493-2739). For legal issues, you may call Ms. Rebecca Schade, Office of 
Chief Counsel (Telephone: 202-366-2992) (Fax: 202-366-3820). You may 
send mail to these officials at the National Highway Traffic Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue, SE., West Building, Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Petitioner's Suggested Changes; NHTSA's Decisions on the 
Petition
    a. The Content Requirements of the VIN
    Section 1: Positions 1-3, the Manufacturer Identifier (Sec.  
565.6(a))
    Section 2: Positions 4-8, Attributes Of The Specific Type Of 
Vehicle Involved (Sec.  565.6(b))
    Section 3: Position 9, the Check Digit (Sec.  565.6(c))
    Section 4: Positions 10-17, Additional Vehicle-Specific 
Information (Sec.  565.6(d))
    b. Petitioner's Suggested Changes for Low-Speed Vehicles
    c. Other Aspects of the VIN Regulation
III. Summary of Key Proposed Changes
IV. Effective Date
V. Public Participation
VI. Rulemaking Analyses and Notices

I. Background

    NHTSA requires vehicles to be marked with vehicle identification 
numbers (VINs) to simplify vehicle identification information retrieval 
and to increase the accuracy and efficiency of vehicle recall campaigns 
(49 Code of Federal Regulations (CFR) Part 565, ``Vehicle 
Identification Number Requirements''). The VIN has become the key 
identifier in data systems that track compliance with Federal and state 
safety programs and that manage and analyze information on vehicle

[[Page 56028]]

manufacturing processes, registrations, insurance programs, crash 
investigations and safety research. Organizations that utilize VINs in 
data systems include NHTSA, manufacturers, state motor vehicle 
departments, law enforcement agencies, insurance companies, and motor 
vehicle safety researchers.
    49 CFR Part 565 stipulates the system under which each new vehicle 
sold in the United States receives a unique VIN. When Part 565 went 
into effect beginning in October of 1980, it was anticipated that the 
permutations available under the 17-character system described in Part 
565 would provide a sufficient number of unique VINs and manufacturer 
identifiers such that, as required by Part 565, ``the VINs of any two 
vehicles manufactured within a 30-year period shall not be identical.'' 
That 30-year period is anticipated to expire in 2010.
    Based on concerns that the supply of unique available VINs is 
shrinking, SAE's Vehicle Identification Number/World Manufacturer 
Identifier Technical Committee (``the committee'' or ``the 
petitioner'') \1\ petitioned \2\ NHTSA to modify the requirements of 
Part 565 such that unique VINs would be able to be provided for at 
least another thirty years. NHTSA is issuing this proposal so that 
unique VINs will continue to be available for vehicles manufactured for 
sale in this country.
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    \1\ Organizations represented on the committee included: General 
Motors, International Truck and Engine Corporation, RL Polk & 
Company, The Hill Group, Freightliner Truck Division, American 
Association of Motor Vehicle Administrators, American Suzuki Motor 
Corporation, Harley Davidson Motor Company, Motorcycle Industry 
Council, Ford Motor Company, Transport Canada, National Insurance 
Crime Bureau (NICB), DaimlerChrysler Corporation, and NHTSA. 
Representatives from Clifford Thames IMS in the United Kingdom, the 
Highway Loss Data Institute, and Caterpillar, Inc. were also given 
the opportunity to comment on the committee's work.
    \2\ Petition dated October 31, 2005; corrected February 23, 
2006. A letter granting the petition was sent March 7, 2006.
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II. Petitioner's Suggested Changes; NHTSA's Decisions on the Petition

    This section sets forth the petitioner's suggested changes to the 
VIN requirements. These are marked in bullet format, and are followed 
by NHTSA's response to each suggested change. As discussed below, NHTSA 
generally agrees with most of the petitioner's suggestions. To the 
extent the agency does not agree, the reasons for doing so are 
explained.
    NHTSA generally concurs with the petitioner's suggested amendments 
to the VIN requirements (except as noted) because the agency 
tentatively concludes that the changes would achieve two objectives: 
They would increase the number of manufacturer identifiers and VINs 
available for the foreseeable future, thus preserving the one vehicle-
one VIN structure, and they would preserve the 17-character VIN system, 
thereby avoiding the potential imposition of substantial costs on the 
many current users of VINs in data systems. NHTSA agrees with the 
petitioner that the current supply of manufacturer identifiers 
available for large manufacturers in this country could expire in the 
near future. That, coupled with the rising likelihood of duplicate VINs 
occurring, would adversely impact the many organizations that maintain 
an orderly system for identifying and tracking vehicles.

a. The Content Requirements of the VIN

    The VIN regulation (49 CFR Part 565) requires that VINs must 
consist of 17 characters in a fixed format. The VIN regulation (at 
Sec.  565.6) separates the 17-character VIN into four sections: (a) 
Section 1: Positions 1-3, the manufacturer identifier; (b) Section 2: 
Positions 4-8, attributes of the specific type of vehicle involved; (c) 
Section 3: Position 9, the check digit; and (d) Section 4: Positions 
10-17, additional vehicle-specific information.
Section 1: Positions 1-3, the Manufacturer Identifier (Sec.  565.6(a))
    The VIN regulation requires this section to consist of three 
characters that uniquely identify the manufacturer, make, and type of 
the motor vehicle if the manufacturer produces 500 or more motor 
vehicles of its type annually. If the manufacturer produces fewer than 
500 motor vehicles of its type annually, these characters along with 
three characters of the fourth section (positions 12-14) shall uniquely 
identify the manufacturer, make, and type of the motor vehicle.
    The petitioner was particularly concerned about the supply of 
unique manufacturer identifiers for large U.S. manufacturers. NHTSA 
contracts with SAE to coordinate the assignment of manufacturer 
identifiers (Sec.  565.7(a)). In issuing the identifiers, SAE ensures 
that the identifier complies with both Part 565 and the requirements of 
International Standard 3780, Road vehicles--world manufacturer 
identifier (WMI) code (dated 1983). In International Standard 3780, 
Ref. No. ISO 3780-1983 (E), the manufacturer identifier is referred to 
as the World Manufacturer Identifier (WMI). International Standard 3780 
requires the first character of the WMI to represent the geographic 
area of the world in which the subject vehicle was manufactured. The 
second character of a WMI must indicate the country (although the 
standard does not specify how to determine what country should be 
indicated, e.g., place of manufacture, place of final assembly, place 
of company headquarters, etc.). In contrast, Sec.  565.6(a) currently 
requires that manufacturers communicate manufacturer, make, and type of 
motor vehicle in the first three positions of a VIN.
     The petitioner states that, to comply with Part 565, large 
manufacturers (as defined in the standard) in this country with 
multiple makes of vehicles have needed multiple manufacturer 
identifiers, which the petitioner believes is draining the supply of 
manufacturer identifiers/WMIs for producers in this country. The 
petitioner requests eliminating the Part 565 requirement that the 
manufacturer identifier identify the vehicle ``make,'' stating that, 
``The elimination of the `make' would allow for the use of a 
`corporate' WMI for each vehicle `type' with the vehicle `make' 
described elsewhere in the VIN.'' According to SAE, not only do U.S. 
manufacturers have a large number of vehicle makes for which separate 
manufacturer identifiers are now required, more than fifty new large 
manufacturer identifiers are issued to them each year. SAE indicates 
that only approximately 400-450 large manufacturer identifiers remain 
in the current system.
    NHTSA's response: We are proposing the suggested change regarding 
vehicle make. The most pressing concern relating to the VIN system is 
the rapidly dwindling number of unique available manufacturer 
identifiers for large manufacturers in the U.S., as described above. 
The proposed changes would positively affect the supply of those 
identifiers available for large manufacturers in two ways. First, by 
moving vehicle make from the manufacturer identifier to the second 
section of the VIN, there would be a substantial reduction in the 
proliferation of new manufacturer identifiers for large manufacturers. 
Since manufacturers in the U.S. would no longer need to communicate 
vehicle make in the identifier to comply with Part 565, they would not 
have to obtain new manufacturer identifiers in the near future and 
possibly ever. (This NPRM proposes to amend Table 1 of Part 565 to 
establish the ``vehicle make'' as a required information element for 
each vehicle type. See discussion relating to Section 2, infra.)

[[Page 56029]]

    Second, since they will no longer need to communicate vehicle make 
in the identifier to comply with Part 565, many major manufacturers in 
the U.S. will have an immediate excess of manufacturer identifiers. It 
is anticipated that over time many of these large manufacturers will 
release some, perhaps many, of the manufacturer identifiers that have 
been previously issued to them.\3\ These released manufacturer 
identifiers could then be assigned to other manufacturers as needed. 
Comments are requested on the likelihood and implications of 
manufacturers releasing previously-issued identifiers that are no 
longer in use. The agency is particularly interested in receiving 
comments on this from large manufacturers.
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    \3\ Some of the large manufacturers represented on the SAE 
committee indicated that this could likely occur.
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    Exactly how many WMIs these changes to Part 565 would make 
available to the VIN system cannot be determined. The initial supply of 
3,267 large manufacturer identifiers has lasted for 30 years. Under the 
proposed revisions to Part 565, the only time large manufacturers will 
need a new manufacturer identifier is when they begin to manufacture a 
new vehicle type. The only other drain on the supply of available 
manufacturer identifiers will come from new large manufacturers that 
emerge. The agency believes that the proposed changes to the VIN 
system, particularly removing vehicle make from the information that 
must be communicated in the manufacturer identifier, should result in a 
supply of available manufacturer identifiers that will last for 
approximately the next 30 years.
     Section 565.6(a) specifies a production threshold of 500 
units for determining whether a WMI must be comprised of three VIN 
positions or of six positions. The petitioner states that in practice, 
U.S. manufacturers assigned six character WMIs produce nearly 900 units 
annually before the SAE replaces their six-character WMIs with ``large 
manufacturer'' (three-character) WMIs. The petitioner suggests that the 
threshold for using a six-character WMI should be raised to 900 units 
``to align the regulation with actual practice.''
    NHTSA's response: We agree that the production threshold should be 
raised, but propose to raise it to 1000 units rather than 900 units as 
suggested by the petitioner. Currently, Part 565 requires small 
manufacturers (making fewer than 500 vehicles of a given type per year) 
to have a six-character manufacturer identifier, using VIN positions 
12-14 in addition to positions 1-3 for their manufacturer identifier. 
Small manufacturers then use the last three VIN positions (15-17) for 
sequentially numbering their vehicles. The petition indicated that 
small manufacturers often seek a large manufacturer identifier after 
the threshold of 500 vehicles has been exceeded. Whenever this occurs, 
the small manufacturer is in technical violation of Part 565. Moreover, 
the small manufacturer remains in technical violation by continuing to 
produce vehicles, because it has all the numbers from 501 to 999 left 
to number its vehicles sequentially before it faces the more serious 
problem of no longer being able to do so.
    The petition requested a threshold in Part 565 of 900 vehicles, so 
that a manufacturer that reaches this level of production would still 
have 99 numbers left before running out of available numbers for 
sequentially numbering vehicles. The petitioner anticipates that 
reaching a 900-unit threshold would prompt a manufacturer to approach 
SAE to obtain a large manufacturer identifier before it runs out of 
numbers.
    NHTSA has two concerns with the 900-vehicle threshold proposed by 
the petition. First, specifically incorporating a new threshold of 900 
units into Part 565 would perpetuate the current situation, albeit in 
fewer instances, where it is easily possible for a manufacturer to be 
in technical violation of Part 565. Second, there is little apparent 
benefit to setting the cutoff at 900 vehicles as opposed to 999, 
particularly in this era of virtually instant communication.
    NHTSA therefore proposes to amend Part 565 such that a ``high-
volume manufacturer,'' which the regulation would define as one 
producing 1,000 or more vehicles, must use a three-digit manufacturer 
identifier, and a ``low-volume manufacturer,'' which would be defined 
as a manufacturer that produces fewer than 1,000 vehicles, must use a 
six-digit manufacturer identifier. This should eliminate the problem of 
small manufacturers finding themselves in technical violation, because 
they will run out of unique available VINs (which will prevent them 
from selling additional vehicles produced) at the same time that they 
need to seek a new manufacturer identifier. Comments are requested on 
the threshold of 999 units, and on whether the VIN regulation should 
specify that all requests to the SAE for manufacturer identifiers 
should include ``proposed production levels for vehicles of this 
type.'' (The latter approach was suggested by the petitioner.)
     The petitioner states that the SAE has assigned WMIs such 
that the presence of a ``9'' in the third VIN position indicates that 
the VIN contains a six-character WMI. The petition states that the 
committee has discovered that users of VIN information are typically 
unaware of this information, and requests that Sec.  565.6(a) include a 
reference to this number ``9'' in the third position ``to aid field 
comprehension of the VIN structure.''
    The agency agrees with this reasoning and is proposing to add a 
sentence explaining the significance of the ``9'' to this section.
Section 2: Positions 4-8, Attributes of the Specific Type of Vehicle 
Involved (Sec.  565.6(b))
    The VIN regulation (Sec.  565.6(b)) specifies that the second 
section must consist of five characters, occupying positions four 
through eight in the VIN, which uniquely identify the attributes of the 
vehicle as specified in Table 1 of Part 565. The regulation specifies 
that positions four and five be alphabetic characters and that position 
six must be a numeric value for all passenger cars, multipurpose 
passenger vehicles (MPVs) and trucks with a gross vehicle weight rating 
of 4,536 kilograms (kg) (10,000 pounds (lbs)) or less. The regulation 
also specifies that position seven must be a numeric value for those 
vehicles.
     The petitioner states that Sec.  565.6(b)'s limitations on 
use of alphabetic and numeric values are more restrictive than both the 
SAE and ISO standards for vehicle identification, resulting in what the 
petitioner believes to be ``VIN structures that are difficult to 
decode'' or in ``less refinement and resolution in VIN information 
available to users of the VIN content.'' The petitioner believes that 
allowing either alphabetic or numeric characters in positions four 
through six of the VIN would result in greater flexibility to 
manufacturers, allow for more descriptive vehicle information, and 
achieve harmonization with the ISO identification standard. Moreover, 
the petitioner states that if alphabetic characters in position seven 
of the VIN were permitted, ``the number of possible combinations would 
increase from the approximately 53,000 currently available to slightly 
more than 826,000 possible combinations.'' Petitioner suggests that the 
change would ensure that no identical VINs will exist in a 60-year 
period,\4 \which consists of the 30-

[[Page 56030]]

year period covered by the current regulation plus the additional 30 
years that would result from the changes proposed in this NPRM.
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    \4\ The general requirements of the VIN regulation specify that 
the VINs of any two vehicles manufactured within a 30-year period 
must not be identical (Sec.  565.4(d)). The petitioner believes 
there is a likelihood, though small, of repeating VINs at a 31-year 
interval, and suggested that Sec.  565.4 be amended to specify a 60-
year period. We tentatively conclude that the requested change has 
merit, and are proposing to amend Sec.  565.4(d) to ensure non-
repeatability of VINs.
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    NHTSA's response: We have tentatively decided that the petitioner's 
approach has merit. According to the petitioner's estimates, the 
proposed changes should add at least several hundred thousand new 
unique available VINs, and probably many more. For example, the 
petition calculates that just for the changes proposed for positions 4-
7 of the VIN, there should be a total of 826,551 combinations as 
compared to 52,900 available under the current Part 565. This number is 
derived from the fact that there will be a total of 33 characters (23 
alphabetic plus 10 numeric) available in each of positions 4-6 and 23 
characters in position 7 under the proposed changes, whereas under the 
current Part 565 there are 23 characters (alphabetic only) available in 
positions 4 and 5 and 10 characters available (numeric only) in 
positions 6 and 7. Thus:
    Current total combinations, positions 4-7: 23 x 23 x 10 x 10 = 
52,900
    Proposed total combinations, positions 4-7: 33 x 33 x 33 x 23 = 
826,551.
    Additionally, in any given year the factors that will further 
affect the number of unique VINs available to any specific manufacturer 
include, among others: the 33 characters available in position 8 of the 
VIN, which will allow for permutations in just the second section of 
the VIN (positions 4-8) in the millions (the maximum possible would be 
826,551 x 33 = 27,276,183); the number of manufacturer identifiers a 
manufacturer has or that are available to be issued to that 
manufacturer; the change in the VIN digit for the model year (see 
discussion, infra); the number of plants a manufacturer has since each 
plant is indicated by a specific character in position 11 of the VIN 
(see discussion, infra); and the sequential numbering of vehicles. The 
cumulative effect of these factors increases substantially the current 
number of VINs available under Part 565.
    Comments are requested on the proposed changes. Chief among the 
concerns of the petitioner when formulating the suggested revisions to 
the VIN requirements was how to expand significantly the quantity of 
unique available manufacturer identifiers and VINs without imposing 
significant costs associated with data systems that use or rely on 17-
character VINs. The petitioner believes that the suggested changes to 
the VIN system would achieve those goals. NHTSA has tentatively agreed 
with this determination. Comments are requested on whether this 
conclusion is correct.
     As mentioned earlier in this preamble, this NPRM proposes 
to amend Table 1 of Part 565 to establish the ``vehicle make'' as an 
information element required in positions four through eight of the VIN 
for each vehicle type. This change complements the proposal that 
vehicle make be removed from the manufacturer identifier (Section 1 of 
the current VIN).
     An attribute of passenger cars that is specified in Table 
1 is ``restraint system type.'' The petitioner states: ``To make 
identification of restraint system more effective, we request amendment 
of Part 565.6(b) to require that a manufacturer shall uniquely identify 
the type and location of all restraint devices on every passenger 
car.'' NHTSA agrees that the proposal has merit, since information on 
the type and location of all restraint devices in the vehicle could be 
useful to safety researchers and other analysts. Moreover, NHTSA 
requests comments on whether this information should be required for 
all passenger vehicles, not just passenger cars.
Section 3: Position 9, the Check Digit (Sec.  565.6(c))
    The third VIN section consists of one character in the 9th 
position, called the ``check digit.'' This reflects a mathematical 
computation specified in Sec.  565(c)(1) through (4) that is based on 
the other VIN characters and serves as a check against typographical 
errors that may occur in transcribing a VIN.
     The petitioner asked that a table it developed be added to 
Sec.  565.6(c)(4) to ``clarify the check digit value.'' The petitioner 
explained that the table provides a reference for the correct check 
digit value to use based on both a fractional and decimal equivalent 
remainder. The petitioner stated: ``The committee believes that the 
inclusion of a decimal equivalent remainder is important due to 
widespread use of electronic calculation devices.'' The petitioner 
therefore suggested changing the sample check digit calculation shown 
currently in Table V of Sec.  565.6(c)(5) to include a decimal 
equivalent remainder.
    NHTSA's response: We agree that including the suggested table would 
likely help clarify the correct check digit value to be used, to the 
extent that there is confusion on this issue. Changing the sample 
calculation to include a decimal equivalent remainder makes sense given 
the addition of the proposed table. Comments are requested on whether 
these changes are necessary or helpful.
Section 4: Positions 10-17, Additional Vehicle-Specific Information 
(Sec.  565.6(d))
    The fourth section consists of eight characters occupying positions 
10-17, and includes sequential numbering of vehicles. Positions 10 and 
11 are for the model year and plant of manufacture, respectively. For 
manufacturers of 1,000 or more vehicles of a given type, positions 12 
through 17 are used to sequentially number groups of similar vehicles 
that are manufactured by the manufacturer.
     For manufacturers initially intending to produce fewer 
than 500 of a type of vehicle, VIN positions 12-14 are additional 
characters used for the manufacturer identifier specific to the 
manufacturer. The petitioner states that the VIN regulation implies 
that VIN position twelve must be numeric, and specifically requires 
that positions thirteen and fourteen be numeric. The petitioner 
requests that the regulation be amended to explicitly allow VIN 
positions twelve through fourteen to use alphabetic or numeric 
characters when those positions are used as part of the manufacturer 
identifier of a small manufacturer.
    NHTSA's response: We concur that for manufacturers that produce 
less than 1,000 vehicles per model year, allowing either alphabetic or 
numeric characters in positions 12-14 as part of the six-character 
manufacturer identifier significantly expands the number of unique 
manufacturer identifiers available to them. The resultant number of 
additional manufacturer identifiers is at least 12,167 (23 new 
characters (excluding I, O, and Q) available in each of positions 12-
14; 23 x 23 x 23 = 12,167). According to SAE, currently about 300 new 
manufacturer identifiers are issued each year for these manufacturers. 
At this rate, the proposed changes would add at least forty years' 
worth of manufacturer identifiers for small manufacturers.
     Table VI of Sec.  565.6(d)(1) sets forth codes that are 
used in position 10 of the VIN to indicate the vehicle model year. 
Currently, the table goes up to year 2013. The petitioner suggested 
changing the table to include codes up to and including the year 2039, 
since the petitioner believes that with ``the adoption of the petition 
content listed above, the current VIN structure will have long-term 
viability.'' NHTSA is

[[Page 56031]]

proposing this change to Table VI for the reasons provided by the 
petitioner.

b. Petitioner's Suggested Changes for Low-Speed Vehicles

    Federal Motor Vehicle Safety Standard (FMVSS) No. 500, ``Low-speed 
vehicles,'' requires low-speed vehicles (LSVs) \5\ to have a VIN that 
conforms to the requirements of part 565 (FMVSS No. 500, S5(b)(9)). 
However, the application section of Part 565 does not include LSVs, and 
there are no substantive requirements in Part 565 for these vehicles.
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    \5\ The definition of an LSV is set forth in 49 CFR 571.3 as 
follows: Low-speed vehicle means a vehicle, that is 4-wheeled, whose 
speed attainable in 1.6 km (1 mile) is more than 32 kilometers per 
hour (20 miles per hour) and not more than 40 kilometers per hour 
(25 miles per hour) on a paved level surface, and whose GVWR is less 
than 1,361 kilograms (3,000 pounds).
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     The petition asked NHTSA to amend the application section 
of the VIN regulation (Sec.  565.2) to include LSVs, and to amend Sec.  
565.4(f) to specify where the VIN must be located in LSVs. In addition, 
the petitioner suggested that Table 1 of Sec.  565.6(b) include 
``specific requirements for positions four through eight (4-8) of VINs 
assigned to LSVs to clearly identify this class of vehicle.'' The 
petition did not suggest which elements should be included in Table 1 
to achieve this result.
    NHTSA's response: We are granting this request. Amending the 
application section of Part 565 would make the regulation clearer and 
more consistent with FMVSS No. 500. Specifying where the VIN must be 
located in LSVs would ensure that the VIN is accessible and legible.
    FMVSS No. 500 requires LSVs to be equipped with headlamps, front 
and rear turn signal lamps, taillamps, stop lamps, reflex reflectors of 
specified colors, exterior mirrors, a parking brake, a windshield, and 
a lap or lap and shoulder seat belt assembly at each designated seating 
position (S5, FMVSS No. 500). NHTSA tentatively concludes that some of 
these attributes should be decipherable from the VIN of an LSV, since 
information about these attributes could be useful in analyses of 
crashes, theft, or other matters. These attributes are: Vehicle make, 
engine type, brake system, all restraint devices and their location, 
body type, and gross vehicle weight rating. NHTSA requests comment on 
whether the attributes proposed are appropriate, and whether other 
attributes should be considered as well.

c. Other Aspects of the VIN Regulation

     Imports
    Section 565.5 contains requirements for motor vehicles imported 
into the United States. Section 565.5(b) specifies requirements for 
passenger cars certified by a Registered Importer under 49 CFR Part 
592,\6\ but not for any other types of vehicles. The petitioner 
requested amending this section to include MPVs and trucks with a GVWR 
of 4,536 kg (10,000 lb) or less. NHTSA concurs that this proposed 
change has merit since the other vehicle types are imported by 
registered importers, and has also included low speed vehicles among 
the vehicles covered by Sec.  565.5(b) for the same reason.
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    \6\ 49 CFR Part 592, ``Registered Importers of Vehicles Not 
Originally Manufactured to Conform to the Federal Motor Vehicle 
Safety Standards.''
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     Type Faces Permitted for a VIN
    Section 565.4(i) specifies that the type face used for each VIN 
shall consist of capital, sanserif characters. The petitioner stated 
that some manufacturers have been using a ``posident'' font type face 
based on a 1978 NHTSA interpretation,\7\ and requests that the 
regulation ``allow the use of a positive identification style font face 
as an alternate to the current sanserif font typeface.''
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    \7\ The petitioner did not identify the interpretation. The 
agency assumes it is a letter to Mr. R.W. Fink, available at http://isearch.nhtsa.gov/aiam/aiam2912.html
.

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    NHTSA's response: We are not granting this request. The petition 
did not identify the similarity or distinction between ``posident'' 
font, which it asserts is allowed under a NHTSA interpretation, and 
``positive identification style'' font, which it requests be allowed as 
an alternative. NHTSA has insufficient information on this matter to 
include it in this NPRM.

III. Summary of Key Proposed Changes

    This NPRM proposes to amend Part 565 by revising certain sections 
in order to extend the existing VIN system for another thirty years, 
and to ensure a sufficient supply of unique available VINs and 
manufacturer identifiers for that time period. The following points 
highlight the key provisions of the proposed requirements:
     The proposed rule would move the location of the 
information conveying vehicle make from the manufacturer identifier to 
the second section of the VIN, which should increase the supply of 
unique available manufacturer identifiers for large manufacturers, 
because they will no longer need some of the identifiers they currently 
have, or need to request additional manufacturer identifiers for new 
vehicle makes that they produce.
     The proposed rule would increase the number of characters 
available for positions 4-8 of the VIN: Changing positions 4-6 and 8 to 
either alphabetic or numeric, and position 7 to alphabetic. This is 
anticipated to increase the number of unique available VINs.
     The proposed rule would allow either alphabetic or numeric 
characters in positions 12-14 as part of the six-character manufacturer 
identifier, which should increase the number of manufacturer 
identifiers available to low-volume manufacturers.
     The proposed rule would add definitions for ``high-volume 
manufacturer,'' and ``low-volume manufacturer.'' The threshold between 
a high- and low-volume manufacturer is a production output of 1000 
vehicles of a given type each year.
     The proposed rule would add low-speed vehicles to the list 
of vehicles to which Part 565 applies, and adds attributes of LSVs that 
should be identified by an LSV's VIN.

IV. Effective Date

    The petitioner suggested that the changes take effect beginning 
with the 2010 model year, when the supply of manufacturer identifiers 
for U.S. manufacturers could be exhausted and duplicate manufacturer 
identifiers and VINs could begin to appear.
    NHTSA tentatively concludes that a final rule resulting from this 
NPRM should be effective on a date sufficiently early to prevent the 
expiration of available manufacturer identifiers and unique VINs, and 
far enough in the future to allow various parties that will be affected 
by a VIN system change to plan for and make whatever data system 
changes will be required. That date is tentatively determined to be 
January 1, 2009, which corresponds to the 2010 model year suggested by 
the petitioner. Model year 2010 vehicles manufactured on or after 
September 1, 2009, would be required to have a VIN meeting the new 
requirements. Model year 2009 vehicles manufactured on or after 
September 1, 2009 would be expected to comply with the current 
regulation. NHTSA requests comment on whether this date provides enough 
lead time for those who need to make changes to computer systems to 
accommodate the changes.

V. Public Participation

How Do I Prepare and Submit Comments?

    Your comments must be written and in English. To ensure that your 
comments are filed correctly in the Docket, please include the docket

[[Page 56032]]

number of this document in your comments.
    Your comments must not be more than 15 pages long (see 49 CFR 
553.21). We established this limit to encourage you to write your 
primary comments in a concise fashion. However, you may attach 
necessary additional documents to your comments. There is no limit on 
the length of the attachments.
    Please submit two copies of your comments, including the 
attachments, to Docket Management at the address given under ADDRESSES.
    You may also submit your comments to the docket electronically by 
logging onto the Dockets Management System Web site at http://dms.dot.gov.
 Click on ``Help & Information,'' or ``Help/Info'' to 

obtain instructions for filing the document electronically.

How Can I Be Sure That My Comments Were Received?

    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail.

How Do I Submit Confidential Business Information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation (49 CFR part 512).

Will The Agency Consider Late Comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we also will consider 
comments that Docket Management receives after that date. If Docket 
Management receives a comment too late for us to consider it in 
developing the final rule, we will consider that comment as an informal 
suggestion for future rulemaking action.

How Can I Read The Comments Submitted By Other People?

    You may read the comments received by Docket Management at the 
address given under ADDRESSES. The hours of the Docket are indicated 
above in the same location.
    You also may see the comments on the Internet. To read the comments 
on the Internet, take the following steps:
    1. Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (http://dms.dot.gov/).

    2. On that page, click on ``search.''
    3. On the next page (http://dms.dot.gov.search/), type in the four-

digit docket number shown at the beginning of this document. Example: 
If the docket number were ``NHTSA-2007-1234,'' you would type ``1234.'' 
After typing the docket number, click on ``search.''
    4. On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments. Although the 
comments are imaged documents, instead of word processing documents, 
the ``pdf'' versions of the document are word searchable.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.
    Note that all comments received will be posted without change to 
http://dms.dot.gov, including any personal information provided. Please 

see the Privacy Act discussion at the end of the next section.

VI. Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rulemaking document was not reviewed by the Office of 
Management and Budget under E.O. 12866. It is not considered to be 
significant under E.O. 12866 or the Department's Regulatory Policies 
and Procedures (44 FR 11034; February 26, 1979). This document proposes 
changes to the VIN requirements that for the most part provide 
manufacturers greater flexibility in meeting VIN requirements:
     The proposed rule would increase the supply of unique 
available manufacturer identifiers for large manufacturers, because 
they will no longer need to request additional manufacturer identifiers 
for new vehicle makes that they produce.
     The proposed rule would permit the use of either 
alphabetic or numeric characters in many positions of the VIN.
     The proposed rule would permit low-volume manufacturers to 
manufacture 999 vehicles (increased from 499) before a new manufacturer 
identifier is required.
     The proposed rule would reduce or eliminate the waiting 
period before the time an identifier or VIN can be used.
     The proposed rule would add low-speed vehicles to the list 
of vehicles to which Part 565 applies, and would add attributes of LSVs 
that should be identified by an LSV's VIN.
    Vehicle manufacturers, including those of low-speed vehicles, are 
already required to label their vehicles with a VIN and report to NHTSA 
information relating to deciphering the characters in the VIN. This 
proposed rule would not substantially change those requirements. The 
minimal impacts of today's proposed amendments do not warrant 
preparation of a regulatory evaluation.
    NHTSA anticipates no direct safety impacts from this proposed rule. 
However, NHTSA believes that this NPRM has a beneficial effect on 
safety in that it would ensure the continued integrity of the VIN 
system (ensuring that vehicles will continue to be uniquely 
identified).
    There might be some cost impacts in changing data retrieval and 
recordkeeping systems to account for features of the VIN that might be 
different than those of current VINs (e.g., the use of alphabetic and 
numeric characters in certain VIN positions). However, NHTSA does not 
believe that the costs would be significant. The members of the 
committee representing operators of data systems that utilize the 17-
character VIN system indicated that there would be some costs involved 
in making software and other modifications to data systems required by 
changes proposed in the petition, but that those costs would be 
extremely small compared to what would be required to deal with an 
expanded number of VIN characters. The petition noted that ``any 
increase in the quantity of characters beyond the current seventeen 
would require massive software changes to all programs that use a motor 
vehicle VIN, and would affect not only automotive OEM's, but also state 
DMV's, local governments, insurance companies, law enforcement 
agencies, research companies, NHTSA's National Center for Statistics 
and Analysis, as well as others.'' Comments

[[Page 56033]]

are requested on the cost of the proposed changes to Part 565.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of proposed rulemaking or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
The Small Business Administration's regulations at 13 CFR Part 121 
define a small business, in part, as a business entity ``which operates 
primarily within the United States.'' (13 CFR 121.105(a)). No 
regulatory flexibility analysis is required if the head of an agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. SBREFA amended the Regulatory 
Flexibility Act to require Federal agencies to provide a statement of 
the factual basis for certifying that a rule will not have a 
significant economic impact on a substantial number of small entities.
    NHTSA has considered the effects of this proposed rule under the 
Regulatory Flexibility Act. I certify that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities. Any small vehicle manufacturers that might be affected by 
this proposed rule are already required to provide a VIN and provide 
information to NHTSA that enables the VIN to be deciphered. 
Manufacturers of low-speed vehicles would have to make sure that the 
VIN reflects the six LSV features newly added to Table 1 of Part 565, 
but the burden associated with that responsibility should be negligible 
and would not incur a significant economic impact.

Executive Order 13132 (Federalism)

    NHTSA has examined today's NPRM pursuant to Executive Order 13132 
(64 FR 43255, August 10, 1999) and concluded that no additional 
consultation with States, local governments or their representatives is 
mandated beyond the rulemaking process. The agency has concluded that 
the rule does not have federalism implications because the rule does 
not have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' We note that the American Association of Motor Vehicle 
Administrators (AAMVA) was a member of the SAE committee that submitted 
the petition prompting this rulemaking.
    Further, no consultation is needed to discuss the preemptive effect 
of today's proposed rule. NHTSA rules can have preemptive effect in at 
least two ways. First, the National Traffic and Motor Vehicle Safety 
Act contains an express preemptive provision: ``When a motor vehicle 
safety standard is in effect under this chapter, a State or a political 
subdivision of a State may prescribe or continue in effect a standard 
applicable to the same aspect of performance of a motor vehicle or 
motor vehicle equipment only if the standard is identical to the 
standard prescribed under this chapter.'' 49 U.S.C. 30103(b)(1).
    In addition to the express preemption noted above, the Supreme 
Court has also recognized that State requirements imposed on motor 
vehicle manufacturers, including sanctions imposed by State tort law, 
can stand as an obstacle to the accomplishment and execution of a NHTSA 
safety standard. When such a conflict is discerned, the Supremacy 
Clause of the Constitution makes their State requirements 
unenforceable. See Geier v. American Honda Motor Co., 529 U.S. 861 
(2000). NHTSA has not outlined such potential State requirements in 
today's rulemaking, however, in part because such conflicts can arise 
in varied contexts, but it is conceivable that such a conflict may 
become clear through subsequent experience with today's proposed rule. 
NHTSA may opine on such conflicts in the future, if warranted. See id. 
at 883-86.

National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995 
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall 
use technical standards that are developed or adopted by voluntary 
consensus standards bodies, using such technical standards as a means 
to carry out policy objectives or activities determined by the agencies 
and departments.'' Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies, such as SAE. The NTTAA directs us 
to provide Congress, through OMB, explanations when we decide not to 
use available and applicable voluntary consensus standards.
    This NPRM would make Part 565's requirements for manufacturer 
identifiers and for identifying attributes of the specific vehicle type 
more consistent with SAE and ISO standards for vehicle identification. 
The NPRM would permit the use of alphabetic and numeric characters in 
certain VIN positions, which would substantially increase harmonization 
of Part 565 with the ISO identification standard.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 requires agencies to 
prepare a written assessment of the costs, benefits and other effects 
of proposed or final rules that include a Federal mandate likely to 
result in the expenditure by State, local or tribal governments, in the 
aggregate, or by the private sector, of more than $100 million annually 
(adjusted for inflation with base year of 1995). This final rule will 
not result in expenditures by State, local or tribal governments, in 
the aggregate, or by the private sector in excess of $100 million 
annually.

National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the 
National Environmental Policy Act. The agency has determined that 
implementation of this action will not have any significant impact on 
the quality of the human environment.

Executive Order 12988 (Civil Justice Reform)

    When promulgating a regulation, Executive Order 12988 specifically 
requires that the agency must make every reasonable effort to ensure 
that the regulation, as appropriate: (1) Specifies in clear language 
the preemptive effect; (2) specifies in clear language the effect on 
existing Federal law or regulation, including all provisions repealed, 
circumscribed, displaced, impaired, or modified; (3) provides a clear 
legal standard for affected conduct rather than a general standard, 
while promoting simplification and burden reduction; (4) specifies in 
clear language the retroactive effect; (5) specifies whether 
administrative proceedings are to be required before parties may file 
suit in court; (6) explicitly or implicitly defines key terms; and (7) 
addresses other important issues affecting clarity and general 
draftsmanship of regulations.
    NHTSA has reviewed this proposed rule according to the general 
requirements and the specific requirements for regulations set forth in

[[Page 56034]]

Executive Order 12988. This proposed rule does not result in any 
preemptive effect and does not have a retroactive effect. A petition 
for reconsideration or other administrative proceeding is not required 
before parties may file suit in court.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA), a person is not 
required to respond to a collection of information by a Federal agency 
unless the collection displays a valid OMB control number. The 
Consolidated VIN Requirements have an OMB control number of 2127-0510. 
As a result of this NPRM being made final, although the agency may 
require information to be provided in a slightly different way (e.g., 
vehicle make being transferred from the first to the second section of 
the VIN), the scope of the overall reporting requirements of Part 565 
will not change. We emphasize that there will be no increase or 
decrease in the collection of information because of this rulemaking.

Plain Language

    Executive Order 12866 and the President's memorandum of June 1, 
1998, require each agency to write all rules in plain language. 
Application of the principles of plain language includes consideration 
of the following questions:
     Have we organized the material to suit the public's needs?
     Are the requirements in the rule clearly stated?
     Does the rule contain technical language or jargon that 
isn't clear?
     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?
    If you have any responses to these questions, please include them 
in your comments on this proposal.

Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier 
number (RIN) to each regulatory action listed in the Unified Agenda of 
Federal Regulations. The Regulatory Information Service Center 
publishes the Unified Agenda in April and October of each year. You may 
use the RIN contained in the heading at the beginning of this document 
to find this action in the Unified Agenda.

Privacy Act

    Please note that anyone is able to search the electronic form of 
all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or 
you may visit http://dms.dot.gov until October 1, 2007; after October 1, 2007, you may visit http://DocketInfo.dot.gov.


List of Subjects in 49 CFR Part 565

    Motor vehicle safety, Reporting and recordkeeping requirements; 
incorporation by reference.

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR 
Part 565 as follows:

PART 565--VEHICLE IDENTIFICATION NUMBER REQUIREMENTS

    1. The authority citation continues to read as follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30141, 30146, 
30166, and 30168; delegation of authority at 49 CFR 1.50.

    2. In Sec.  565.2, the first sentence is revised to read as 
follows:


Sec.  565.2  Applicability.

    This part applies to passenger cars, multipurpose passenger 
vehicles, trucks, buses, trailers (including trailer kits), incomplete 
vehicles, low speed vehicles, and motorcycles.
* * * * *
    3. In Sec.  565.3, paragraphs (i) through (o) are redesignated as 
paragraphs (l) through (r), and paragraphs (i), (j), and (k) are added 
as follows:


Sec.  565.3  Definitions.

* * * * *
    (i) Manufacturer identifier shall refer to the first three digits 
of a VIN of a vehicle, in the case of a high-volume manufacturer, and 
the first three digits of a VIN and the twelfth through fourteenth 
digits of a VIN in the case of a low-volume manufacturer.
    (j) High-volume manufacturer, for purposes of this part, means a 
manufacturer of 1,000 or more vehicles of a given type each year.
    (k) Low-volume manufacturer, for purposes of this part, means a 
manufacturer of fewer than 1,000 vehicles of a given type each year.
* * * * *
    4. In Sec.  565.4, paragraphs (d) and (f) are revised to read as 
follows:


Sec.  565.4  General requirements.

* * * * *
    (d) The VINs of any two vehicles subject to Federal motor vehicle 
safety standards and manufactured within a 60-year period beginning 
with the 1981 model year shall not be identical.
* * * * *
    (f) The VIN for passenger cars, multipurpose passenger vehicles, 
low speed vehicles, and trucks of 4536 kg or less GVWR shall be located 
inside the passenger compartment. It shall be readable, without moving 
any part of the vehicle, through the vehicle glazing under daylight 
lighting conditions by an observer having 20/20 vision (Snellen) whose 
eye-point is located outside the vehicle adjacent to the left 
windshield pillar. Each character in the VIN subject to this paragraph 
shall have a minimum height of 4 mm.
* * * * *
    5. In Sec.  565.5, paragraph (b) is revised to read as follows:


Sec.  565.5  Motor vehicles imported into the United States.

* * * * *
    (b) All passenger cars, multipurpose passenger vehicles, low speed 
vehicles, and trucks of 4536 kg or less GVWR certified by a Registered 
Importer under 49 CFR part 592 whose VINs do not comply with Part 565.4 
and 565.5 shall have a plate or label that contains the following 
statement, in characters with a minimum height of 4 mm, with the 
identification number assigned by the original manufacturer provided in 
the blank: SUBSTITUTE FOR U.S. VIN: -------------- SEE PART 565. The 
plate or label shall conform to Sec.  565.4 (h) and (i). The plate or 
label shall be permanently affixed inside the passenger compartment. 
The plate or label shall be readable, without moving any part of the 
vehicle, through the vehicle glazing under daylight conditions by an 
observer having 20/20 vision (Snellen) whose eye-point is located 
outside the vehicle adjacent to the left windshield pillar. It shall be 
located in such a manner as not to cover, obscure, or overlay any part 
of any identification number affixed by the original manufacturer. 
Motor vehicles conforming to Canadian Motor Vehicle Safety Standard 115 
are exempt from this paragraph.
    6. In Sec.  565.6:
    a. paragraphs (a), (b), and (c)(4) are revised;
    b. Tables V and VI are designated as Tables VI and VII;
    c. new Table V is added at the end of paragraph (c)(4);

[[Page 56035]]

    d. new Table VI is revised after paragraph (c)(5) and new Table VII 
is revised after paragraph (d)(1); and,
    e. paragraph (d)(3) is revised.
    These amended and new paragraphs and tables would read as follows:


Sec.  565.6  Content requirements.

* * * * *
    (a) The first section shall consist of three characters that occupy 
positions one through three (1-3) in the VIN. This section shall 
uniquely identify the manufacturer and type of the motor vehicle if the 
manufacturer is a high-volume manufacturer. If the manufacturer is a 
low-volume manufacturer, positions one through three (1-3) along with 
positions twelve through fourteen (12-14) in the VIN shall uniquely 
identify the manufacturer and type of the motor vehicle. These 
characters are assigned in accordance with Sec.  565.7(a). A ``9'' 
shall be placed in the third position of the VIN if the manufacturer 
identifier is six characters. A ``9'' in the third position always 
indicates the presence of a six-character manufacturer identifier. The 
National Highway Traffic Safety Administration offers access to 
manufacturer identifier assignments via its search engine at the 
following Internet Web site: 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, and low speed vehicles, the first, second, and third characters 
of this section shall be either alphabetic or numeric. The fourth 
character of this section shall be alphabetic. The fifth character may 
be either alphabetic or numeric. The characters utilized and their 
placement within the section may be determined by the manufacturer, but 
the specified attributes must be decipherable with information supplied 
by the manufacturer in accordance with Sec.  565.7(c). In submitting 
the required information to NHTSA relating gross vehicle weight rating, 
the designations in Table II shall be used. The use of these 
designations within the VIN itself is not required. Tables I and II 
follow:

Table I--Type of Vehicle and Information Decipherable

    Passenger car: Make, line, series, body type, engine type, and all 
restraint devices and their location.
    Multipurpose passenger vehicle: Make, line, series, body type, 
engine type, gross vehicle weight rating.
    Truck: Make, model or line, series, chassis, cab type, engine type, 
brake systems and gross vehicle weight rating.
    Bus: Make, model or line, series, body type, engine type, and brake 
system.
    Trailer, including trailer kits and incomplete trailer: Make, type 
of trailer, body type, length and axle configuration.
    Motorcycle: Make, type of motorcycle, line, engine type, and net 
brake horsepower.
    Incomplete vehicle other than a trailer: Make, model or line, 
series, cab type, engine type, and brake system.
    Low speed vehicle: Make, engine type, brake system, all restraint 
devices and their location, body type, and gross vehicle weight rating.
* * * * *
    (c) * * *
    (4) The check digit is based on either the Fractional Remainder or 
the Decimal Equivalent Remainder as reflected in Table V. All Decimal 
Equivalent Remainders in Table V are rounded to the nearest thousandth.

                                                       Table V.--Ninth Position Check Digit Values
                                                           [Rounded to the nearest thousandth]
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
Fractional remainder..............       0       1/11       2/11       3/11       4/11       5/11       6/11       7/11       8/11       9/11      10/11
Decimal equivalent remainder......       0      0.091      0.182      0.273      0.364      0.455      0.545      0.634      0.727      0.818      0.909
Check digit.......................       0          1          2          3          4          5          6          7          8          9          X
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The check digit, zero through nine (0-9) or the letter ``X'' shall 
appear in VIN position nine (9).
    (5) A sample check digit calculation is shown in Table VI as 
follows:

                                                         Table VI.--Calculation of a Check Digit
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
VIN position.....................      1      2      3      4      5      6      7      8      9     10     11     12     13     14     15     16     17
Sample VIN.......................      1      G      4      A      H      5      9      H  .....      5      G      1      1      8      3      4      1
Assigned value...................      1      7      4      1      8      5      9      8  .....      5      7      1      1      8      3      4      1
Weight factor....................      8      7      6      5      4      3      2     10      0      9      8      7      6      5      4      3      2
Multiply assigned value times          8     49     24      5     32     15     18     80      0     45     56      7      6     40     12     12      2
 weight factor...................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Add products: 8+49+24+5+32+15+18+80+0+45+56+7+6+40+12+12+2 = 411.
Divide by 11: 411/11 = 37 4/11 or 37.3636.
If the fourth digit is 5 or greater, round up. If the fourth digit is 4 or smaller, round down. In the example above, the remainder is 4/11 or 0.364
  when rounded up.
Looking up the remainder in Table V--Ninth Position Check Digit Values indicates that `4' is the check digit to be inserted in position nine (9) of the
  VIN for this sample digit calculation.

    (d) * * *
    (1) The first character of the fourth section shall represent the 
vehicle model year. The year shall be

[[Page 56036]]

designated as indicated in Table VII as follows:

                     Table VII.--Year Codes for VIN
------------------------------------------------------------------------
                            Year                                 Code
------------------------------------------------------------------------
2005.......................................................            5
2006.......................................................            6
2007.......................................................            7
2008.......................................................            8
2009.......................................................            9
2010.......................................................            A
2011.......................................................            B
2012.......................................................            C
2013.......................................................            D
2014.......................................................            E
2015.......................................................            F
2016.......................................................            G
2017.......................................................            H
2018.......................................................            J
2019.......................................................            K
2020.......................................................            L
2021.......................................................            M
2022.......................................................            N
2023.......................................................            P
2024.......................................................            R
2025.......................................................            S
2026.......................................................            T
2027.......................................................            V
2028.......................................................            W
2029.......................................................            X
2030.......................................................            Y
2031.......................................................            1
2032.......................................................            2
2033.......................................................            3
2034.......................................................            4
2035.......................................................            5
2036.......................................................            6
2037.......................................................            7
2038.......................................................            8
2039.......................................................            9
------------------------------------------------------------------------

    (2) * * *
    (3) The third through the eighth characters of the fourth section 
shall represent the number sequentially assigned by the manufacturer in 
the production process if the manufacturer is a high-volume 
manufacturer. If a manufacturer is a low-volume manufacturer, the 
third, fourth, and fifth characters of the fourth section, combined 
with the three characters of the first section, shall uniquely identify 
the manufacturer and type of the motor vehicle and the sixth, seventh, 
and eighth characters of the fourth section shall represent the number 
sequentially assigned by the manufacturer in the production process.
    7. In Sec.  565.7, paragraphs (a) and (d) are revised to read as 
follows:


Sec.  565.7  Reporting requirements.

* * * * *
    (a) The National Highway Traffic Safety Administration (NHTSA) has 
contracted with the Society of Automotive Engineers (SAE) to coordinate 
the assignment of manufacturer identifiers. Manufacturer identifiers 
will be supplied by SAE at no charge. All requests for assignments of 
manufacturer identifiers should be forwarded directly to: Society of 
Automotive Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania, 
15096, Attention: WMI Coordinator (telephone: 724-776-4841). Any 
requests for identifiers submitted to NHTSA will be forwarded to SAE. 
Manufacturers may request a specific identifier or may request only 
assignment of an identifier(s). SAE will review requests for specific 
identifiers to determine that they do not conflict with an identifier 
already assigned or block of identifiers already reserved. SAE will 
confirm the assignments in writing to the requester. Once confirmed by 
SAE, the identifier need not be resubmitted to NHTSA.
    (b) * * *
    (c) * * *
    (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: September 19, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
 [FR Doc. E7-18925 Filed 10-1-07; 8:45 am]

BILLING CODE 4910-59-P
