[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: 49CFR542.2] [Page 117-118] TITLE 49--TRANSPORTATION OF TRANSPORTATION PART 542--PROCEDURES FOR SELECTING LINES TO BE COVERED BY THE THEFT PREVENTION STANDARD--Table of Contents Sec. 542.2 Procedures for selecting low theft new lines with a majority of major parts interchangeable with those of a high theft line. (a) Scope. This section sets forth the procedures for motor vehicle manufacturers and NHTSA to follow in the determination of whether any new lines that will be likely to have a low theft rate have major parts interchangeable with a majority of the covered major parts of a line having or likely to have a high theft rate. (b) Application. These procedures apply to: (1) Each manufacturer that produces-- (i) At least one passenger motor vehicle line that has been or will be introduced into commerce in the United States and that has been listed in appendix A of part 541 of this chapter or that has been identified by the manufacturer or preliminarily or finally determined by NHTSA to be a high-theft line under Sec. 542.1, and (ii) At least one passenger motor vehicle line that will be introduced into commerce in the United States on or after April 24, 1986 and that the manufacturer identifies as likely to have a theft rate below the median theft rate; and (2) Each of those likely submedian theft rate lines. (c) Procedures. (1)(i) For each new line that is to be introduced before the 1997 model year and that a manufacturer identifies under appendix C of part 541 of this chapter as likely to have a theft rate below the median rate, the manufacturer identifies how many and which of the major parts of that line will be interchangeable with the covered major parts of any other of its lines that has been listed in appendix A of part 541 of this chapter or identified by the manufacturer or preliminarily or finally determined by the agency to be a high theft line under Sec. 542.1. (ii) For each new line that is to be introduced in the 1997 or subsequent model years and that a manufacturer identifies under appendix C of part 541 of this chapter as likely to have a theft rate below the median rate, the manufacturer shall identify how many and which of the major parts of that line will be interchangeable with the covered major parts of any other of its lines that has been listed in appendix A of part 541 of this chapter or identified by the manufacturer or preliminarily or finally determined by the agency to be a high-theft line under Sec. 542.1. (2)(i) If the manufacturer concludes that a new line that is to be introduced before the 1997 model year has a likely submedian theft rate and will have major parts that are interchangeable with a majority of the covered major parts of a high theft line, the manufacturer determines whether all the vehicles of those lines with likely submedian theft rates and interchangeable parts will account for more than 90 percent of the total annual production of all of the manufacturer's lines with those interchangeable parts. (ii) If the manufacturer concludes that a new line that is to be introduced for the 1997 or subsequent model years has a likely submedian theft rate and will have major parts that are interchangeable with a majority of the covered major parts of a high theft line, the manufacturer shall determine whether all the vehicles of those lines with likely submedian theft rates and interchangeable parts will account for more than 90 percent of the total annual production of all of the manufacturer's lines with those interchangeable parts. [[Page 118]] (3)(i) For new lines to be introduced before the 1997 model year, the manufacturer submits its evaluations and identifications made under paragraphs (c)(1)(i) and (2)(i) of this section, together with the underlying factual information, to NHTSA not less than 18 months before the date of introduction. During this period, the manufacturer may request a meeting with the agency to further explain the bases for its evaluations and conclusions. (ii) For new lines to be introduced for the 1997 and subsequent model years, the manufacturer shall submit its evaluations and conclusions made under paragraphs (c)(1)(ii) and (2)(ii) of this section, together with the underlying factual information, to NHTSA not less than 15 months before the date of introduction. During this period, the manufacturer may request a meeting with the agency to further explain the bases for its evaluations and conclusions. (4) Within 90 days after its receipt of the manufacturer's submission under paragraph (c)(3) of this section, the agency considers that submission, if any, and independently makes, on a preliminary basis, the determinations of those lines with likely submedian theft rates which should or should not be subject to Sec. 541.5 of this chapter. NHTSA informs the manufacturer by letter of the agency's preliminary determinations, together with the factual information considered by the agency in making them. (5) The manufacturer may request the agency to reconsider any of its preliminary determinations made under paragraph (c)(4) of this section. The manufacturer must submit its request to the agency within 30 days of its receipt of the letter under paragraph (c)(4) of this section informing it of the agency's evaluations and preliminary determinations. The request must 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. (6) Each of the agency's preliminary determinations made under paragraph (c)(4) of this section becomes final 45 days after the agency sends the letter specified in that paragraph unless a request for reconsideration has been received in accordance with paragraph (c)(5) 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.