[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Notices]
[Pages 52493-52494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25611]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 96-108; Notice 1]


General Motors Corporation; Receipt of Application for Decision 
of Inconsequential; Noncompliance

    General Motors Corporation, (GM) of Warren, Michigan, has 
determined that certain 1996 Saturn passenger cars fail to conform to 
the requirements of 49 CFR 571.115, Federal Motor Vehicle Safety 
Standard (FMVSS)115, ``Vehicle Identification Number,'' and has filed 
an appropriate report pursuant to 49 CFR Part 573 ``Defect and 
Noncompliance Information Report.'' GM has also applied to be exempted 
from the notification and remedy requirements of 49 U.S.C., Section 
30118 and 30120 and 49 CFR Part 556, ``Exemption for inconsequential 
defect or noncompliance,'' on the basis that the noncompliance is 
inconsequential to motor vehicle safety.
    This notice of receipt of an application is published under 49 
U.S.C. 30118(d) and does not represent any agency decision or other 
exercise of judgment concerning the merits of the application.
    Paragraph S4.6 of FMVSS 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 * * *. Each character in the VIN subject to this paragraph shall 
have a minimum height of 4 mm.
    GM's description of the noncompliance follows: From December 1 
through 31, 1995, approximately 403 Saturn, Model Year 1996 vehicles 
were produced which fail to comply with requirements in FMVSS No. 115. 
Because of a temporary deviation from the normal production process, 
the instrument panel upper trim cover partially obscured the lower 
portion of the VIN plates on 260 cars shipped to Saturn retailers. GM 
first became aware of this condition in January of 1996. The characters 
on the VIN plate 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.
    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 
FR 40367 (50 motorcycles with less than 17 characters in VIN); Volvo 
White Truck Corp., 47 FR 35063 (46 trucks with wrong model year code); 
General Motors Corp., 58 FR 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.''
    Interested persons are invited to submit written data, views, and 
arguments on the application of GM, described above. Comments should 
refer to the docket number and be submitted to: Docket Section, 
National Highway Traffic Safety Administration, Room 5109, 400 Seventh 
Street, SW, Washington, D.C., 20590. It is requested but not required 
that six copies be submitted.

[[Page 52494]]

    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below. Comment 
closing date: November 6, 1996.

(49 U.S.C. 30118, 30120; delegation of authority at 49 CFR 1.50 and 
501.8)

    Issued on: October 1, 1996.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-25611 Filed 10-4-96; 8:45 am]
BILLING CODE 4910-59-P