[Federal Register Volume 61, Number 231 (Friday, November 29, 1996)]
[Notices]
[Pages 60746-60747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30514]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-108; Notice 2]
General Motors Corporation; Grant of Application for Decision of
Inconsequential Noncompliance
This notice grants the application by General Motors Corporation
(GM) of Warren, Michigan, to be exempted from the notification and
remedy requirements of 49 U.S.C. 30118, and 30120 for a noncompliance
with 49 CFR 571.115, Federal Motor Vehicle Safety Standard (FMVSS) No.
115, ``Vehicle Identification Number.'' The basis of the application is
that the noncompliance is inconsequential as it relates to motor
vehicle safety.
Notice of receipt of the application was published on October 7,
1996, and commenters were afforded an opportunity for comment (61 FR
52493).
Paragraph S4.6 of Standard No. 115 requires that the VIN for
passenger cars, * * * 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.
GM's description of the noncompliance follows: Approximately 403
Saturn passenger cars, Model Year 1996, were produced which fail to
comply with requirements in FMVSS No. 115. These vehicles were built
with VIN plates that are partially obstructed by the instrument panel
upper trim cover. The characters on the VIN plates are 4 millimeters
high. Based on measurements of 25 cars, Saturn estimates that up to one
millimeter of some characters was covered on 91.9% of the cars and more
than one millimeter was covered on only 8.1% of the cars (about 22
cars). It is easy to read the VIN characters when up to one millimeter
is covered.
[[Page 60747]]
GM supported its application for inconsequential noncompliance with
the following:
``The VIN is in two other easily accessible places--the
certification label on the driver's door and the service parts label on
the spare tire cover (the owner's manual identifies these locations).
Derivatives of the VIN also appear on the engine and transmission.
Because the VIN appears in several places on these cars, as well as on
the car's title and registration, these cars can be easily identified
for the purpose of determining whether they are subject to [recall]
campaigns.
``GM uses a `posident style' font * * * in which each character has
a unique upper and lower half. Police agencies have copies of the font
sample and will be able to read the VIN even in the worst case
condition (2.25 millimeters was the highest obscuration measured). Even
without the aid of the font sample, a customer will likely be able to
read most of the characters.
``Saturn has not received any field service reports or complaints
from customers, dealers, motor vehicle registration officials, or law
enforcement personnel. This indicates that no one is being seriously
inconvenienced by this condition.
``The NHTSA has agreed that other comparable instances of non-
compliance with FMVSS 115 were inconsequential: Marina Mobili, Inc., 51
Fed. Reg. 40367 (50 motorcycles with less than 17 characters in VIN);
Volvo White Truck Corp., 47 Fed. Reg. 35063 (46 trucks with wrong model
year code); General Motors Corp., 58 Fed. Reg. 32167 (630 cars with VIN
characters smaller than 4 millimeters).
``[GM] this non-compliance is inconsequential to motor vehicle
safety. A recall would impose costs on Saturn and inconvenience its
customers without creating any safety benefit.''
``GM is not aware of any accidents, injuries, owner complaints or
field reports associated with this condition.''
No comments were received on the application.
NHTSA accepts GM's analysis of the reported noncompliance and
concurs. The agency agrees that motor vehicle safety will not be
compromised because of this reported noncompliance; neither will
identification of stolen cars or cars subject to recall campaigns be
compromised because the VIN is relatively visible, and located in two
other easily accessible places--the certification label on the driver's
door and the service parts label on the spare tire cover.
Accordingly, for the reasons expressed above, the petitioner has
met its burden of persuasion that the noncompliance herein described is
inconsequential to motor vehicle safety, and the agency grants GM'S
application for exemption from notification of the noncompliance as
required by 49 U.S.C. 30118 and from remedy as required by 49 U.S.C.
30120. (49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50
and 501.8).
Issued on: November 25, 1996.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-30514 Filed 11-27-96; 8:45 am]
BILLING CODE 4910-59-P
