[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR542.1]

[Page 116-117]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 542--PROCEDURES FOR SELECTING LINES TO BE COVERED BY THE THEFT PREVENTION STANDARD--Table of Contents
 
Sec. 542.1  Procedures for selecting new lines that are likely to have high or low theft rates.

    (a) Scope. This section sets forth the procedures for motor vehicle 
manufacturers and NHTSA to follow in the determination of whether any 
new vehicle line is likely to have a theft rate above or below the 
median theft rate.
    (b) Application. These procedures apply to each manufacturer that 
plans to introduce a new line into commerce in the United States on or 
after April 24, 1986, and to each of those new lines.
    (c) Procedures. (1)(i) For each new line introduced before the 1997 
model year, each manufacturer uses the criteria in appendix C of part 
541 of this chapter to evaluate each new line and to conclude whether 
the new line is likely to have a theft rate above or below the median 
theft rate established for calendar years 1990 and 1991.
    (ii) For each new line to be introduced for the 1997 or subsequent 
model years, each manufacturer shall use the criteria in appendix C of 
part 541 of this chapter to evaluate each new line and to conclude 
whether the new line is likely to have a theft rate above or below the 
median theft rate.
    (2)(i) For each new line to be introduced before the 1997 model 
year, the manufacturer submits its evaluations and conclusions made 
under paragraph (c)(1)(i) of this section, together with the underlying 
factual information, to NHTSA not less than 18 months before the date of 
introduction. The manufacturer may request a meeting with the agency to 
further explain the bases for its evaluations and conclusions.
    (ii) For each new line to be introduced for the 1997 or subsequent 
model years, the manufacturer shall submit its evaluations and 
conclusions made under paragraph (c)(1)(ii) of this section, together 
with the underlying factual information, to NHTSA not less than 15 
months before the date of introduction. The manufacturer may request a 
meeting with the agency during this period to further explain the bases 
for its evaluations and conclusions.
    (3) Within 90 days after its receipt of the manufacturer's 
submission under paragraph (c)(2) of this section, the agency 
independently evaluates the new line using the criteria in appendix C of 
part 541 of this chapter and, on a preliminary basis, determines whether 
the new line should or should not be subject to Sec. 541.2 of this 
chapter. NHTSA informs the manufacturer by letter of the agency's 
evaluations and determinations, together with the factual information 
considered by the agency in making them.
    (4) The manufacturer may request the agency to reconsider any of its 
preliminary determinations made under paragraph (c)(3) of this section. 
The manufacturer shall submit its request to the agency within 30 days 
of its receipt of the letter under paragraph

[[Page 117]]

(c)(3) of this section. The request shall include the facts and 
arguments underlying the manufacturer's objections to the agency's 
preliminary determinations. During this 30-day period, the manufacturer 
may also request a meeting with the agency to discuss those objections.
    (5) Each of the agency's preliminary determinations under paragraph 
(c)(3) of this section shall become final 45 days after the agency sends 
the letter specified in paragraph (c)(3) of this section unless a 
request for reconsideration has been received in accordance with 
paragraph (c)(4) of this section. If such a request has been received, 
the agency makes its final determinations within 60 days of its receipt 
of the request. NHTSA informs the manufacturer by letter of those 
determinations and its response to the request for reconsideration.