Certification |
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Topics: National Highway Traffic Safety Administration
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Barry Felrice
Federal Register
September 26, 1994
[Federal Register: September 26, 1994]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 567
[Docket No. 94-74, Notice 01]
RIN No. 2127-AE71
Certification
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: This notice follows NHTSA's partial granting of a petition
filed by Michael Robinson, Director, Michigan Department of State
Police. The petitioner suggested making mandatory the standardized
display of a permanent metal vehicle manufacturer's label for all motor
vehicles with a gross vehicle weight rating of over 4,536 kilograms
(kg) (10,000 pounds (lb)). The petitioner suggested that the label be
fabricated of a minimum gauge metal with raised or recessed letters and
numbers, be riveted to the vehicle body at specified standard locations
and, in the case of trailers, be given reasonable protection from
damage.
The agency proposes to amend its vehicle certification regulation
to require the standardized display of a permanent metal vehicle
manufacturer's label for all motor vehicles with a GVWR greater than
4,536 kg (10,000 lb). The label would contain the same information as
currently required, with either raised or recessed letters, and be
riveted or otherwise permanently secured to the vehicle at specified
locations. The petitioner's suggestions that the label be constructed
of a specified heavy gauge metal and that the label on trailers be
given special protection are denied.
DATES: Comments on this notice must be received on or before November
25, 1994.
Proposed Effective Date: If adopted, the amendments proposed in
this notice would become effective 180 days after publication of the
final rule in the Federal Register.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted to: Docket Section, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Room 5109, Washington, DC
20590. Docket room hours are from 9:30 a.m. to 4 p.m., Monday through
Friday.
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
7th Street, SW, Washington, DC 20590, (202) 336-4920.
SUPPLEMENTARY INFORMATION:
I. Background
II. The Petition
III. Analysis of the Petition
IV. Issues for NHTSA Evaluation
V. Agency Proposal
VI. Rulemaking Analyses and Notices
A. EO 12866 and DOT Regulatory Policies and Procedures
B. Regulatory Flexibility Act
C. National Environmental Policy Act
D. EO 12612 (Federalism)
E. Civil Justice Reform
VII. Comments
I. Background
Part 567, Certification, sets forth the agency's requirements for
the content and location of the label certifying the compliance of a
motor vehicle with the Federal Motor Vehicle Safety Standards. The
regulation requires manufacturers of motor vehicles, except vehicles
manufactured in two or more stages, to affix a label to each vehicle
they produce containing the information relating to that vehicle
required by Sec. 567.4(g). The labels are not required to be made out
of any particular type of material but, unless riveted, must be
permanently affixed so that they cannot be removed without destroying
or defacing them.
For motor vehicles other than trailers and motorcycles, the label
shall be affixed either to the hinge pillar, door-latch post, or the
door edge that meets the door-latch post next to the driver's seating
position. If those locations are not practicable, the label may be
placed on the left side of the instrument panel or if that is not
practicable, the inward-facing surface of the door next to the driver's
seating position. If none of the above locations are practicable, the
manufacturer must notify NHTSA of that fact and, with appropriate
drawings or photographs, suggest an alternative location. Such
suggestion must be submitted for approval to the Administrator, NHTSA.
Whatever its location, the label must be easily readable without moving
any part of the vehicle except the outer door, and the lettering on the
label must be of a color that contrasts with the label's background.
Trailer labels must be located on the left forward half of the
vehicle. Labels on motorcycles must be affixed to a permanent member of
the vehicle and as close as possible to the intersection of the
steering post with the handle bars.
49 CFR 567.5 prescribes the labeling requirements for vehicles
manufactured in two or more stages. Section 567.5(a) requires chassis-
cab manufacturers to affix a label in the form and location specified
in Sec. 567.4 to each chassis-cab manufactured by them. Section
567.5(b) requires intermediate-stage manufacturers to affix a label in
the form and location specified in Sec. 567.4 to each chassis-cab to
which they are required to furnish an addendum to the incomplete
vehicle document prescribed in Sec. 568.4, if such chassis-cab has been
certified by its manufacturer in accordance with Sec. 567.5(a).
Finally, Sec. 567.5(c) requires final-stage manufacturers to affix a
label of the type and in the manner and form specified in Sec. 567.4 to
each vehicle, containing the information specified in that section
relating to that vehicle.
II. The Petition
Michael Robinson, Director of the Michigan Department of State
Police, petitioned the agency to amend Sec. 567.4 to require that
manufacturers' labels on vehicles weighing more than 4,536 kg (10,000
lb) be made of a heavy gauge metal of a specified thickness with raised
or recessed letters and numbers and be riveted to the vehicle. He
further suggested that the labels be located on the door latch post
near the driver's seating position. If that is not practicable, then he
wanted the label to be placed on a permanent vertical section of the
cab's floor area to the left of the driver's seating position and which
would be immediately visible with the driver's side door open. If that
location is still not practicable, he wanted the label to be affixed to
the portion of the instrument panel to the left of the steering wheel.
He suggested that the label for a bus be affixed, if practicable, to
the ceiling area above the windshield or windows in the driver's
seating area. If none of the suggested locations are practicable, then
the manufacturer must notify NHTSA as currently required by
Sec. 567.4(c).
Mr. Robinson stated that he submitted his petition because the
Motor Carrier Division of his Department has identified a significant
problem in locating information on the gross vehicle weight ratings
(GVWR) and vehicle identification numbers (VIN) of commercial vehicles.
He asserted that there are currently no Federal standards requiring
labels of standard size, thickness, or format displaying either the
GVWR or the VIN on commercial vehicles. Under current requirements, the
label containing that information may be located in any one of several
different places and in one of several different formats, including
decals, adhesive labels, and riveted metal plates. Mr. Robinson alluded
to the current requirement that each vehicle have a label showing the
GVWR and VIN affixed when the vehicle is manufactured, but stated that
there is no Federal requirement that the label remain affixed
thereafter. Thus, the labels on many vehicles either fall off or are
otherwise removed or obliterated after manufacture, usually by
accident.
Mr. Robinson stated that prior to the inception of the Commercial
Driver License (CDL) requirements, the GVWR was not normally used by
law enforcement officers. Now, however, it is very important for
officers to be able to determine the GVWR of commercial vehicles. Under
the CDL program, drivers are licensed to operate only those vehicles
within the GVWR ranges of vehicles for which the drivers have met the
qualifications. 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 reason for the absence
of the GVWRs is that many labels are not designed or constructed to
hold up under the rigors of commercial vehicle operation.
The petitioner asserted that the manufacturer's label is a prime
source of the VIN and the only means that law enforcement officers have
to determine the GVWR of a given vehicle. Without the GVWR, police
officers who are unfamiliar with commercial vehicle operation are
unable to determine the CDL GVWR range into which a particular vehicle
falls. In such a case, officers cannot determine the correct
enforcement action. As a result, drivers may be allowed to continue
operating vehicles which they are not qualified to operate. Thus, with
more certain access to VIN and GVWR information, police officers could
more readily inspect and investigate commercial vehicles during routine
traffic stops.
Mr. Robinson further stated that a review of reports about truck
and bus accidents over the several months prior to submission of the
petition revealed a large number of discrepancies in entries in the
reports regarding the GVWR, presumably stemming from the investigating
officers' inability to locate or read the vehicle label. He argued that
this difficulty results in collection of erroneous data which is then
submitted to the SAFETYNET data management system established and
maintained by the Federal Highway Administration (FHWA). The SAFETYNET
system is a cooperative effort to share commercial vehicle data
electronically between the FHWA and the various states.
On another point, Mr. Robinson stated that as of July, 1991, the
National Crime Information Center (NCIC) estimated that approximately
10,494 commercial trucks and 18,865 commercial-type trailers were
classified as unrecovered stolen vehicles in the United States. He
argued that identification and recovery of those vehicles is greatly
hampered by the lack of uniform display of VINs on commercial vehicles.
He believed that if a more standardized and permanent manufacturer's
label were used on commercial vehicles, law enforcement personnel could
more easily and reliably inspect and identify commercial vehicles and
could possibly locate and recover many more of such vehicles.
III. Analysis of the Petition
Although NHTSA has no independent information indicating a problem
in determining the GVWR of commercial vehicles in use or, if there is
such a problem, its magnitude, the agency nevertheless has no reason to
doubt Mr. Robinson's assertions. Further, if the problem exists in
Michigan, it is reasonable to assume that it exists in other states.
The apparent existence of this problem concerns the agency. For
example, the Surface Transportation Assistance Act of 1982, 49 U.S.C.
App. at section 2302, authorizes the Secretary of Transportation to
provide grants to states for enforcement programs applicable to
commercial motor vehicle safety. Pursuant to that authority, the
Federal Highway Administration (FHWA) established the Motor Carrier
Safety Assistance Program (MCSAP) (49 CFR 350). MCSAP provides grants
to states to support a national motor carrier safety enforcement
program. The program is designed to reduce the number and severity of
accidents and hazardous materials incidents of commercial motor
vehicles by substantially increasing the level and effectiveness of
enforcement activity and the likelihood that safety defects, driver
deficiencies, and unsafe carrier practices will be detected and
corrected. The increasing Federal and state involvement in that program
has led to a corresponding increase in the number of functions common
to both Federal and state officers. This increase has, in turn, led to
an increasing need for efficient communications and exchange of
accurate data. SAFETYNET, therefore, has become even more important to
this effort by combining all functions into a single user-friendly
data-sharing system for the use of both Federal and state personnel
involved in commercial motor carrier operations.
A typical SAFETYNET profile consists, among other things, of the
type of operation, GVWR, cargo, any accident data, inspection data
including any violations and out-of-service actions, work performance
reports, and data entry verification. Thus, if law enforcement officers
are collecting incomplete or incorrect data because of lack of GVWR
information, as Mr. Robinson asserts, the effectiveness of the
SAFETYNET system could be compromised.
The agency agrees that, assuming the accuracy of the petitioner's
figures relating to stolen vehicles, a permanent metal label could
assist in the identification and recovery of at least some of the great
number of unrecovered stolen commercial vehicles in the United States.
FHWA has informed NHTSA that it supports the suggestions in Mr.
Robinson's petition, believing that a permanent metal label will help
enforce Federal as well as state motor carrier safety regulations.
While the petitioner's primary focus seems to be enforcement of CDL
requirements, FHWA believes that the importance of this rulemaking is
broader in scope than that. The gross vehicle weight rating (or gross
combination weight rating (GCWR) for a combination vehicle) is one of
three independent criteria used to determine the applicability of the
Federal Motor Carrier Safety Regulations (FMCSR) for vehicles and
drivers engaged in interstate commerce. The FMCSRs cover driver
qualifications, hours of service, accident record keeping, vehicle
inspection, repair and maintenance, controlled substances and alcohol
testing, in addition to the CDL. The GVWR/GCWR weight threshold for the
general applicability of the FMCSRs is 10,001 pounds. The recently
published final rules on controlled substances and alcohol testing
apply to every person who operates a commercial vehicle in interstate
or intrastate commerce, and is subject to the CDL requirements of 49
CFR 383. Part 383 includes a 26,001 pound threshold as one if its
applicability criteria. The FHWA believes, therefore, that implementing
the suggestions in this petition will help motor carriers in
identifying vehicles and drivers that are subject to the FMCSRs and
Federal and state officials responsible for enforcing the regulations.
The permanent metal labels should provide more comprehensive
enforcement of such regulations by making possible better
identification of the vehicles concerned. FHWA also expressed support
for the petitioner's suggestion that the labels on trailers be given
reasonable protection since trailer labels are particularly susceptible
to damage during commercial vehicle operations.
Mr. Robinson suggested that the thickness of the metal label be
specified. NHTSA does not believe that is necessary, at least not at
this time. NHTSA tentatively concludes that the primary benefit is to
be obtained from specifying the use of a metal label. The agency has no
information indicating that specifying a particular minimum thickness
would increase that benefit significantly. NHTSA understands the
petitioner's reasoning that a label of a specified heavy gauge would be
more durable and more likely to survive the rigors of commercial
operation. On the other hand, the agency also believes that
manufacturers must have the flexibility to accommodate the thickness of
the labels to the door designs of the various vehicles they produce.
NHTSA is confident that manufacturers will affix labels whose
sturdiness is consistent with the designs of their vehicles. If, in the
future, information obtained from actual commercial vehicle experience
indicates that it might be appropriate to specify a minimum thickness,
appropriate rulemaking action can be taken at that time.
The agency questions whether the petitioner's four suggested
permissible locations for the labels on vehicles other than trailers
are too limited as compared to the five permissible locations currently
allowed. In addition, the petitioner suggested the floor area as a
permissible location for the label. The agency is concerned that
locating the label on the vehicle floor or even on the instrument panel
could place the inspecting officer in an awkward position, perhaps even
in jeopardy, by having to lean into the cab of the truck and turn his
or her head to read the label. Further, the possibly limited ambient
light on the vehicle floor could make it difficult for an inspector to
read a label there. On the other hand, inspecting officers routinely
stand on the running boards of trucks to check inside for the driver's
log, labels, as well as for drugs and/or alcohol. Thus, a label on the
floor or the instrument panel could normally be seen by the inspector
from the running board.
The petitioner also suggested locating the label for buses inside
the vehicle and above the driver's side windshield or window. NHTSA has
no objection to that. The agency's purpose in specifying the locations
for the manufacturer's certification label was to provide an
unobstructed view of the label, i.e., to ensure that the labels are
easy to see and read in any vehicle. Since it is not practicable to
inspect buses with passengers on board, buses are usually mounted on
hoists or platforms for inspection either at the beginning or at the
end of their runs. Therefore, the inspectors usually walk through buses
during their inspections, making the label easily visible to the
inspector if it is mounted on or above the driver's side windshield or
window as the petitioner suggested.
NHTSA recognizes the merit in the petitioner's suggestion that the
location of the label should be standardized in only a limited number
of places so that there would be greater predictability about precisely
where law enforcement personnel can expect to find the label.
Nevertheless, NHTSA solicits comments on whether the permissible
locations of the permanent metal label, including those on buses,
should be standardized as proposed by the petitioner, or whether the
larger number of permissible locations should be maintained as
currently allowed. NHTSA further solicits comments on the locations in
which labels should be permitted, if not in the currently-permitted
locations or in the locations suggested by the petitioner.
Finally, Mr. Robinson suggested that the labels for trailers be
located so as to provide reasonable protection from damage. NHTSA does
not believe that this change is necessary at this time. NHTSA believes
that specifying a permanent metal label with either raised or recessed
letters and numbers, riveted or otherwise permanently affixed to the
vehicle, would sufficiently enhance the durability of the label on
trailers to make the data readable even after many years of use. Again,
should actual experience in the future indicate that further action is
appropriate to protect trailer labels, rulemaking can be initiated at
that time.
NHTSA made a preliminary cost analysis of the proposed
requirements. The analysis suggests that the incremental cost range of
metal labels as proposed would be between $0.25 and $2.50 per label,
depending on size, thickness, and quantity ordered. NHTSA estimates
that for those manufacturers that purchase labels in large quantities,
the incremental cost could range between $0.25 and $0.75. For those
manufacturers that would purchase labels in smaller quantities, the
cost range could be between $2.00 and $2.50 per label.
Label manufacturers typically put only certain information on
labels. The vehicle manufacturer then applies the remainder of the
required information at the plant, such as the GVWR, GAWR, VIN, etc.
Thus, if letters and numbers are raised or recessed, vehicle
manufacturers, as well as possibly some label manufacturers, may have
to purchase the equipment to emboss the metal labels at a cost of
between $300 and $1,500.
Agency data shows that 263,580 motor vehicles with GVWR greater
than 4,536 kg (10,000 lb) and 126,904 trailers were sold in 1992.
Another 35,444 school buses, which would also be included in the
vehicles covered by this notice, were sold in 1991, bringing the
combined total affected vehicles to approximately 425,928. The agency
has no data on how many vehicles, if any, already meet the proposed
requirements. Assuming that none do, the agency calculates that the
total range of incremental annual costs of this proposal would be
$106,482 to $1,064,810.
V. Issues for NHTSA Evaluation
In order to obtain additional data for the agency's evaluation of
the issues raised by this petition, NHTSA solicits comments on the
following specific issues regarding certification labels:
1. Is there a problem with manufacturers' labels on motor vehicles
with a GVWR of over 4,536 kg (10,000 lb) becoming obliterated, painted
over, or otherwise rendered illegible during the service life of the
vehicle? If so, in what percentage of those vehicles does this occur?
Are particular types, brands, models, or model years of vehicles more
susceptible to this problem than others?
2. What costs do manufacturers currently incur in the purchase,
printing, and application of labels?
3. What sorts of materials are currently utilized for the labels on
vehicles with GVWR more than 4,536 kg (10,000 lb)? What percent of
currently utilized labels are made of metal?
4. What sizes are the labels currently affixed to motor vehicles
with GVWR of more than 4,536 kg (10,000 lb)? How are they affixed?
5. What incremental costs would vehicle manufacturers incur to
purchase, emboss, and affix permanent metal labels with raised or
recessed letters and numbers as proposed?
6. What incremental costs, if any, would label manufacturers incur
in producing metal labels with raised or recessed letters and numbers?
7. In what quantities do vehicle manufacturers currently order
labels?
8. How much time is currently required for vehicle manufacturers to
prepare and affix labels?
9. How much time would be required for vehicle manufacturers to
rivet or otherwise permanently affix metal labels as proposed?
10. What special problems, if any, would vehicle manufacturers have
in affixing permanent metal labels as proposed?
11. Should a particular metal, such as aluminum, stainless steel,
etc., be specified for the labels?
12. Should a minimum thickness be prescribed for the labels?
13. Should a minimum size be specified for the labels?
14. Should a minimum height or depth be specified for the letters
and numbers embossed on the labels?
15. Should any information be added to or deleted from that
currently required to appear on the label?
16. Should trailers with a GVWR of 4,536 kg (10,000 lb) or less
also meet the requirements being proposed for large trailers?
17. Should the agency require some different approach, other than
the proposed metal label requirement, for preserving VIN labels?
V. Agency Proposal
Based on the assertions by Mr. Robinson in his petition and the
analysis discussed above, NHTSA proposes to amend 49 CFR 567.4 to
require that, for vehicles with GVWR greater than 4,536 kg (10,000 lb),
the manufacturer's certification label required by that part be made of
metal. The agency also proposes that the letters and numbers on the
label be raised or recessed, and that the label be riveted or otherwise
permanently affixed to each vehicle in the locations suggested by the
petitioner.
The agency believes that by requiring permanent metal labels,
commercial vehicle safety would be enhanced by ensuring that commercial
vehicles are being driven by drivers who are duly qualified and
licensed to operate them. This would have the effect of identifying and
removing unfit and unqualified drivers from the nation's highways,
thereby enhancing the safety of the motoring public. In addition, a
permanent metal label on which the GVWR and VIN remain legible
throughout all or the greater part of the service life of a commercial
vehicle would help to ensure that the information supplied to the
SAFETYNET system would be more accurate, thus contributing directly to
the enforcement efforts discussed above.
Further, to reflect rulemaking conducted by the agency pursuant to
the Imported Vehicles Safety Compliance Act of 1988, Pub. L. 100-562,
102 Stat. 2818 (49 U.S.C. 30141, 30146), NHTSA proposes to amend
existing Sec. 567.4(k) to substitute ``49 CFR 591.5(f)'' in place of
the current ``19 CFR 12.80(b)(1).''
VI. Rulemaking Analyses and Notices
A. EO 12866 and DOT Regulatory Policies and Procedures
This notice was not reviewed under E.O. 12866. NHTSA has considered
the impact associated with this rulemaking action and has concluded
that it is not significant under the Department of Transportation's
regulatory policies and procedures. As explained above, this action
merely would require that the motor vehicle manufacturer's label, which
is already required for all motor vehicles, be made of metal and be
permanently affixed to those vehicles with a GVWR greater than 4,536 kg
(10,000 lb). The costs would range from $0.25 to $2.50 per vehicle, for
a total incremental annual cost of between $106,482 and $1,064,820.
NHTSA has concluded, therefore, that the effect of this proposed action
would be so minimal as not to warrant preparation of a full regulatory
evaluation.
B. Regulatory Flexibility Act
NHTSA has considered the impacts of this rulemaking action under
the Regulatory Flexibility Act. I hereby certify that the proposed
amendments would not have a significant economic impact on a
substantial number of small entities. Accordingly, the agency has not
prepared a preliminary regulatory flexibility analysis.
The agency believes that few, if any, motor vehicle manufacturers
qualify as small businesses, although some label manufacturers might so
qualify. Those small businesses would be affected only to the extent
that they may be required to purchase equipment to emboss information
on metal labels, if they do not already have such equipment, at a one-
time cost of between $300 and $1,500. Such cost could be amortized over
the life of the equipment, and/or passed on to customers and,
eventually, to consumers. Small organizations and small governmental
units would be affected by the proposed amendment only to the extent of
having to pay an additional $0.25 to $2.50 per large vehicle.
C. National Environmental Policy Act
NHTSA has analyzed this rulemaking action for purposes of the
National Environmental Policy Act and has determined that
implementation of this action would have no significant impact on the
quality of the human environment.
D. EO 12612 (Federalism)
NHTSA has analyzed this proposal in accordance with the principles
and criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant preparation of a Federalism Assessment.
E. Civil Justice Reform
The proposed rule would not have any retroactive effect. Under 49
U.S.C. 30103(b), whenever a Federal motor vehicle safety standard is in
effect, a state or political subdivision may prescribe or continue in
effect a standard applicable to the same aspect of performance of a
motor vehicle only if the standard is identical to the Federal
standard. However, the United States Government, a state, or a
political subdivision of a state may prescribe a standard for a motor
vehicle or item of motor vehicle equipment obtained for its own use
that imposes a higher performance requirement than that required by the
Federal standard. 49 U.S.C. 30161 sets forth a procedure for judicial
review of final rules establishing, amending or revoking Federal motor
vehicle safety standards. A petition for reconsideration or other
administrative proceedings is not required before parties may file suit
in court.
VII. Comments
Interested persons are invited to submit comments on this proposal.
It is requested but not required that any comments be submitted in 10
copies each.
Comments must not exceed 15 pages in length (49 CFR 553.21).
Necessary attachments may be appended to these submissions without
regard to the 15-page limit. This limitation is intended to encourage
commenters to detail their primary arguments in concise fashion.
If a commenter wishes to submit certain information under a claim
of confidentiality, 3 copies of the complete submission, including the
purportedly confidential business information, should be submitted to
the Chief Counsel, NHTSA, at the street address shown above, and 7
copies from which the purportedly confidential information has been
deleted should be submitted to the Docket Section. A request for
confidentiality should be accompanied by a cover letter setting forth
the information specified in 49 CFR part 512, the agency's confidential
business information regulation.
All comments received on or before the close of business on the
comment closing date indicated above for the proposal will be
considered, and will be available to the public for examination in the
docket at the above address both before and after the closing date. To
the extent possible, comments received after the closing date will be
considered. Comments received too late for consideration in regard to
the final rule will be considered as suggestions for further rulemaking
action. Comments on the proposal will be available for public
inspection in the docket. NHTSA will continue to file relevant
information in the docket after the closing date, and it is recommended
that interested persons continue to monitor the docket for new
material.
Those persons desiring to be notified upon receipt of their
comments in the rules docket should enclose a self-addressed stamped
postcard in the envelope with their comments. Upon receiving the
comments, the docket supervisor will return the postcard by mail.
List of Subjects in 49 CFR Part 567
Labeling, Motor vehicle safety, Motor vehicles.
In consideration of the foregoing, 49 CFR Part 567 would be amended
as follows:
PART 567--CERTIFICATION
1. The authority citation for Part 567 would be revised to read as
follows:
Authority: 49 U.S.C. 322, 30115, 30117, 30166, 32502, 32505,
33102, 33103, 33108, and 33109; delegation of authority at 49 CFR
1.50.
2. Section 567.4 would be revised as follows:
Sec. 567.4 Requirements for manufacturers of motor vehicles.
(a) Each manufacturer of motor vehicles (except vehicles
manufactured in two or more stages) shall affix to each vehicle a
label, of the type and in the manner described below, containing the
statements specified in paragraph (j) of this section.
(b) The location of the label shall be such that it is clearly
visible and easily readable without moving any part of the vehicle
except an outer door.
(c) For motor vehicles with a gross vehicle weight rating (GVWR)
greater than 4,536 kilograms (kg) (10,000 pounds (lb)) and all
trailers, the label shall be fabricated of metal, with raised or
recessed letters and numbers, and, except for trailers, shall be
riveted or otherwise permanently affixed to the vehicle in one of the
locations specified in paragraph (e) of this section.
(d) For motor vehicles with a GVWR of 4,536 kg (10,000 lb) or less,
the label shall, unless riveted, be permanently affixed in such a
manner that it cannot be removed without destroying or defacing it.
(e)(1) For motor vehicles with a GVWR greater than 4,536 kg (10,000
lb) other than buses and trailers, the label shall be riveted to the
door latch post next to the driver's seating position. If that location
is not practicable, then to a permanent vertical position of the cab
floor area to the left of the driver's seating position. If that
location is not practicable, the label shall be riveted to the left
side of the instrument panel, left of the steering wheel.
(2) For buses, the label shall be riveted to the ceiling area above
the windshield or window(s) in the driver's seating area.
(3) If none of the preceding locations are practicable,
notification of that fact, together with drawings or photographs
showing a suggested alternate location in the same general area, shall
be submitted for approval to the Administrator, National Highway
Traffic Safety Administration, 400 Seventh Street, Washington, DC
20590.
(f) For motor vehicles with a GVWR of 4,536 kg (10,000 lb) or less,
except trailers and motorcycles, the label shall be affixed either to
the hinge pillar, door latch post, or the door edge that meets the door
latch post, next to the driver's seating position, or if none of these
locations are practicable, to the left side of the instrument panel. If
the latter location is not practicable, the label shall be affixed to
the inward-facing surface of the door next to the driver's seating
position. If none of the preceding locations are practicable,
notification of that fact shall be submitted to the Administrator,
NHTSA, as provided in paragraph (d)(3) of this section.
(g) The label for trailers shall be affixed to a location on the
forward half of the left side, such that it is easily readable from
outside the vehicle without moving any part of the vehicle.
(h) The label for motorcycles shall be affixed to a permanent
member of the vehicle as close as is practicable to the intersection of
the steering post with the handle bars, in a location such that it is
easily readable without moving any part of the vehicle except the
steering system.
(i) Except for the label specified in paragraph (c) of this
section, the lettering on the label shall be of a color that contrasts
with the background of the label.
(j) The label shall contain the following statements, in the
English language, lettered in block capitals and numerals not less than
three thirty-seconds of an inch high, in the order shown:
(1) Name of manufacturer: Except as provided in paragraphs (j) (1)
(i), (ii), and (iii) of this section, the full corporate or individual
name of the actual assembler of the vehicle shall be spelled out,
except that such abbreviations as ``Co.'' or ``Inc.'' and their foreign
equivalents, and the first and middle initials of individuals, may be
used. The name of the manufacturer shall be preceded by the words
``Manufactured By'' or ``Mfd By.'' In the case of imported vehicles,
where the label required by this section is affixed by the Registered
Importer, the name of the Registered Importer shall also be placed on
the label in the manner described in this paragraph, directly below the
name of the final assembler.
(i) If a vehicle is assembled by a corporation that is controlled
by another corporation that assumed responsibility for the conformity
with the standards, the name of the controlling corporation may be
used.
(ii) If a vehicle is fabricated and delivered in complete but
unassembled form, such that it is designed to be assembled without
special machinery or tools, the fabricator of the vehicle may affix the
label and name itself as the manufacturer for the purposes of this
section.
(iii) If a trailer is sold by a person who is not its manufacturer,
but who is engaged in the manufacture of trailers and assumes legal
responsibility for all duties and liabilities imposed by the Act with
respect to that trailer, the name of that person may appear on the
label as the manufacturer. In such a case the name shall be preceded by
the words ``Responsible Manufacturer'' or ``Resp Mfr.''
(2) Month and year of manufacture: This shall be the time during
which work was completed at the place of main assembly of the vehicle.
It may be spelled out, as ``June 1970,'' or expressed in numerals, as
``670.''
(3) ``Gross Vehicle Weight Rating'' or ``GVWR,'' followed by the
appropriate value in kilograms with the commensurate weight in pounds
shown in parentheses, which shall not be less than the sum of the
unloaded vehicle weight, rated cargo load, and 68 kilograms (150
pounds) times the vehicle's designated seating capacity. However, for
school buses the minimum occupant weight shall be 55 kilograms (120
pounds).
(4) ``Gross Axle Weight Rating'' or ``GAWR,'' followed by the
appropriate value in kilograms with the commensurate weight in pounds
shown in parentheses, for each axle, identified in order from front to
rear (e.g. front, first intermediate, second intermediate, rear). The
ratings for any consecutive axles having identical gross axle weight
ratings when equipped with tires having the same tire size designation
may, at the option of the manufacturer, be stated as a single value,
with label indicating to which axles the ratings apply.
Examples of Combined Ratings
GAWR: (a) All axles--1850 kg (4080 lb) with 7.00-15 LT (D)
tires.
(b) Front--5442 kg (12,000 lb) with 10.00-20(G) tires.
First intermediate to rear--6803 kg (15,000 lb) with 12.00-20(H)
tires.
(5) The statement: ``This vehicle conforms to all applicable
Federal motor vehicle safety standards in effect on the date of
manufacture shown above. The expression ``U.S.'' or ``U.S.A.'' may be
inserted before the word ``Federal.''
(i) In the case of passenger cars manufactured on or after
September 1, 1978, the expression ``and bumper'' shall be included in
the statement following the word ``safety.''
(ii) In the case of 1987 and subsequent model year passenger cars
manufactured on or after April 24, 1986, the expression ``safety,
bumper, and theft prevention'' shall be substituted in the statement
for the word ``safety.''
(6) Vehicle identification number.
(7) The type classification of the vehicle as defined in Sec. 571.3
of this chapter (e.g. truck, MPV, bus, trailer).
(k) Multiple GVWR-GAWR ratings.
(1) (For passenger cars only) In cases where different tire sizes
are offered as a customer option, a manufacturer may at his option list
more than one set of values for GVWR and GAWR, in response to the
requirements of paragraphs (j) (3) and (4) of this section. If the
label shows more than one set of weight rating values, each value shall
be followed by the phrase ``with ________ tires,'' inserting the proper
tire size designations. A manufacturer may at his option list one or
more tire sizes where only one set of weight ratings is provided.
Passenger Car Example
GVWR: 1995 kg (4400 lb) with G78-14B tires, 2177 kg (4800 lb)
with H78-14B tires.
GAWR: Front--907 kg (2000 lb) with G78-14B tires at 165 kPa (24
psi), 990 kg (2200 lb) with H78-14B tires at 165 kPa (24 psi).
Rear--1088 kg (2400 lb) with G78-14B tires at 193 kPa (28 psi),
1179 kg (2600 lb) with H78-14B tires at 193 kPa (28 psi).
(2) (For multipurpose passenger vehicles, trucks, buses, trailers,
and motorcycles) The manufacturer may, at its option, list more than
one GVWR-GAWR-tire-rim combination on the label, as long as the listing
conforms in content and format to the requirements for tire-rim-
inflation information set forth in Standard No. 120 of this chapter
(Sec. 571.120).
(3) At the option of the manufacturer, additional GVWR-GAWR ratings
for operation of the vehicle at reduced speeds may be listed at the
bottom of the certification label following any information that is
required to be listed.
(l) [Reserved]
(m) A manufacturer may, at his option, provide information
concerning which tables in the document that accompanies the vehicle
pursuant to Sec. 575.6(a) of this chapter apply to the vehicle. This
information may not precede or interrupt the information required by
paragraph (j) of this section.
(n) In the case of passenger cars admitted to the United States
under 49 CFR 591.5(f) to which the label required by this section has
not been affixed by the original producer or assembler of the passenger
car, a label meeting the requirements of this paragraph shall be
affixed by the importer before the vehicle is imported into the United
States, if the car is from a line listed in Appendix A of part 541 of
this chapter. This label shall be in addition to, and not in place of,
the label required by paragraphs (a) through (m), inclusive, of this
section.
(1) The label shall, unless riveted, be permanently affixed in such
a manner that it cannot be removed without destroying or defacing it.
(2) The label shall be affixed to either the hinge pillar, door-
latch post, or the door edge that meets the door-latch post, next to
the driver's seating position or, if none of these locations is
practicable, to the left side of the instrument panel. If that location
is also not practicable, the label shall be affixed to the inward-
facing surface of the door next to the driver's seating position. The
location of the label shall be such that it is easily readable without
moving any part of the vehicle except an outer door.
(3) The lettering on the label shall be of a color that contrasts
with the background of the label.
(4) The label shall contain the following statements, in the
English language, lettered in block capitals and numerals not less than
three thirty-seconds of an inch high, in the order shown:
(i) Model year (if applicable) or year of manufacture and line of
the vehicle as reported by the manufacturer that produced or assembled
the vehicle. ``Model year'' is used as defined in Sec. 565.3(h) of this
chapter. ``Line'' is used as defined in Sec. 541.4 of this chapter.
(ii) Name of the importer: The full corporate or individual name of
the importer of the vehicle shall be spelled out, except that such
abbreviations as ``Co.'' or ``Inc.'' and their foreign equivalents and
the middle initial of individuals, may be used. The name of the
importer shall be preceded by the words ``Imported By.''
(iii) The statement: ``This vehicle conforms to the applicable
Federal motor vehicle theft prevention standard in effect on the date
of manufacture.''
(o) (1) In the case of a passenger car imported into the United
States under 49 CFR 591.5(f) which does not have an identification
number that complies with paragraph S4.2, S4.3, and S4.7 of 49 CFR
571.115 at the time of importation, the Registered Importer shall
permanently affix a label to the vehicle in such a manner that, unless
the label is riveted, it cannot be removed without being destroyed or
defaced. The label shall be in addition to the label required by
paragraph (a) of this section, and shall be affixed to the vehicle in a
location specified in paragraph (f) of this section.
(2) The label shall contain the following statement, in the English
language, lettered in block capitals and numerals not less than three
thirty-seconds of an inch high, with the location on the vehicle of the
manufacturer's identification number provided in the blank: ORIGINAL
MANUFACTURER'S IDENTIFICATION NUMBER SUBSTITUTING FOR U.S. VIN IS
LOCATED ________________.
Issued on September 21, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-23732 Filed 9-23-94; 8:45 am]
BILLING CODE 4910-59-P