94-23731. Certification  

  • [Federal Register Volume 59, Number 185 (Monday, September 26, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-23731]
    
    
    [[Page Unknown]]
    
    [Federal Register: September 26, 1994]
    
    
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    DEPARTMENT OF TRANSPORTATION
    49 CFR Part 567
    
     
    
    Certification
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), 
    Department of Transportation (DOT).
    
    ACTION: Denial of petition for rulemaking.
    
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    SUMMARY: This notice denies a petition for rulemaking submitted by the 
    American Association of Motor Vehicle Administrators (AAMVA) concerning 
    vehicle identification numbers (VINs). One of this agency's Federal 
    motor vehicle safety standards requires all motor vehicles to have a 
    VIN. In addition, NHTSA's certification regulation requires the 
    certification label on each motor vehicle to bear that vehicle's VIN. 
    AAMVA suggested that NHTSA amend its certification regulation to 
    require the VIN of each trailer to be marked in a second location on 
    the trailer to ensure the VIN is present on the vehicle in the event 
    the certification label becomes illegible or lost. The petitioner also 
    believes marking the VIN in a second location will help state officials 
    find the VIN during vehicle inspections.
        NHTSA is denying the petition because the agency has an ongoing 
    rulemaking on the issue of improving the permanency and legibility of 
    vehicle certification labels on trailers and other motor vehicles. 
    Since those labels include the VIN, possible improvements to 
    certification labels would address petitioner's concerns about the 
    permanency and legibility of the VIN.
    
    FOR FURTHER INFORMATION CONTACT: Dr. Leon DeLarm, Chief, Pedestrian, 
    Heavy Truck and Child Crash Protection Division, Office of Vehicle 
    Safety Standards, National Highway Traffic Safety Administration, 400 
    Seventh Street, SW, Washington, DC 20590; (202) 366-4920.
    
    SUPPLEMENTARY INFORMATION:
    
        NHTSA's certification regulation, 49 CFR 567, Certification, 
    requires motor vehicle manufacturers to affix a certification label to 
    each motor vehicle. The label constitutes the manufacturer's 
    certification that the vehicle complies with all applicable Federal 
    motor vehicle safety standards. Section 567.4 specifies where the label 
    must be located and what information it must include. With respect to 
    trailers, the label must be located on the forward half of the left 
    side of the vehicle such that it is easily readable from outside the 
    vehicle without moving any part of the vehicle. One of the items of 
    information required to be displayed on the label is the VIN.
        The VIN is a unique identifier that facilitates NHTSA's analysis of 
    accident data and assessment of vehicle recall campaigns. Standard No. 
    115, Vehicle Identification Number--Basic Requirements, 49 CFR 571.115, 
    requires each motor vehicle to have a VIN. It further requires the VIN 
    to be marked clearly and indelibly either on a part of the vehicle that 
    is not designed to be removed or on a separate plate or label, such as 
    the vehicle certification label required by 49 CFR 567. 49 CFR 565, 
    Vehicle Identification Number--Content Requirements, specifies the 
    content and format for the VIN. Among other things, Part 565 requires 
    the VIN to provide information on the characteristics of the vehicle, 
    such as its gross vehicle weight rating (GVWR).
        Since a trailer's VIN is placed on the certification label, the 
    extent to which a trailer's VIN remains legible throughout the life of 
    the vehicle depends on the permanency of that label. Part 567 specifies 
    that, unless riveted, the label must be permanently affixed such that 
    it cannot be removed without destroying it (Sec. 567.4(b)). However, 
    Part 567 does not specify any other requirements that ensure the 
    permanency of the certification label, such as requiring the label to 
    be fabricated from a durable material.
    
    The Petition
    
        AAMVA petitioned NHTSA to improve the permanency of the VIN 
    marking. AAMVA petitioned on behalf of its members, state motor vehicle 
    administrators. They use the VIN to register vehicles, to determine 
    proper ownership of vehicles, and to find the GVWR that the vehicle 
    manufacturer assigned to the vehicle. The petitioner said that state 
    officials use the GVWR information for, among other purposes, 
    determining whether a vehicle is overloaded on the highways. AAMVA 
    suggested that NHTSA require trailers to have the VIN stamped, etched 
    or otherwise permanently marked in a location other than the 
    certification label. AAMVA stated that certification labels are 
    typically plastic coated and become illegible with age and exposure to 
    the elements. Thus, the information on the label--particularly the 
    VIN--becomes ``illegible long before the useful life of the trailer'' 
    ends. Petitioner believed that a second VIN marking would provide a 
    backup means for determining the weight ratings and other pertinent 
    information for the trailer.
    
    Agency Decision
    
        NHTSA is denying AAMVA's petition. The petitioner's justification 
    for its suggestion, missing GVWR information, is being addressed for 
    trailers in a separate NHTSA rulemaking. That rulemaking action seeks 
    to improve the permanency and legibility of the certification labels 
    used on commercial motor vehicles. It was initiated when NHTSA granted 
    in part a petition for rulemaking submitted by the Michigan Department 
    of State Police (MDSP).
        The MDSP raised concerns similar to those of the AAMVA regarding 
    the ability of state officials to locate GVWR and VIN information on 
    commercial vehicles. The MDSP stated that law enforcement officers 
    often have difficulty determining the GVWRs of commercial vehicles 
    because the labels on those vehicles are often damaged, painted over or 
    removed, usually accidently, during the life of the vehicle. The 
    petitioner believed that a vehicle's VIN and GVWR information should be 
    made more accessible and legible on commercial vehicles to enable 
    police officers to more readily inspect and investigate commercial 
    vehicles during routine traffic stops. Among other things, the MDSP 
    suggested requiring certification labels for large commercial vehicles, 
    including trailers, to be made of metal, with raised or recessed 
    letters and numbers (see RIN 2127-AE71).
        In response to the MDSP petition, NHTSA will consider the need to 
    improve the permanency and legibility of the certification labels for 
    large trailers, and possible ways to improve the labels. Since these 
    labels include the VIN, any improvements to the certification label 
    will have the effect of improving the permanency and legibility of the 
    VIN. In addition, NHTSA will request comments in that rulemaking on 
    whether small trailers should also meet the requirements being proposed 
    for large trailers, and whether some different approach, other than the 
    proposed metal label requirement, would be more effective for the 
    certification labels. Since that rulemaking will address AAMVA's 
    concerns about the permanency and legibility of VIN markings, AAMVA's 
    petition is moot.
    
        Authority: 49 U.S.C. 322, 30111, 30162; delegations of authority 
    at 49 CFR 1.50 and 501.8.
    
        Issued on September 21, 1994.
    Barry Felrice,
    Associate Administrator, for Rulemaking.
    [FR Doc. 94-23731 Filed 9-23-94; 8:45 am]
    BILLING CODE 4910-59-P
    
    
    

Document Information

Published:
09/26/1994
Department:
Transportation Department
Entry Type:
Uncategorized Document
Action:
Denial of petition for rulemaking.
Document Number:
94-23731
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: September 26, 1994
CFR: (1)
49 CFR 567