[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: 49CFR543.9]

[Page 120-121]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 543--EXEMPTION FROM VEHICLE THEFT PREVENTION STANDARD--Table of Contents
 
Sec. 543.9  Terminating or modifying an exemption.

    (a) On its own initiative or in response to a petition, NHTSA may 
commence a proceeding to terminate or modify any exemption granted under 
this part.
    (b) Any interested person may petition the agency to commence a 
proceeding to terminate or modify an exemption.
    (c)(1) In a petition to terminate an exemption, the petitioner must:
    (i) Identify the vehicle line or lines that are the subject of the 
exemption;
    (ii) State the reasons for petitioner's belief that the standard 
equipment antitheft device installed under the exemption is not as 
effective as compliance with the parts-marking requirements of part 541 
in reducing and deterring motor vehicle theft;
    (iii) Comply with Sec. 543.5, paragraphs (b) (1) through (3) and 
(7).
    (2) In a petition to modify an exemption, the petitioner must:
    (i) Identify the vehicle line or lines that are the subject of the 
exemption;
    (ii) Request permission to use an antitheft device similar to, but 
different from the standard equipment antitheft device which is 
installed under the exemption;
    (iii) Comply with Sec. 543.5, paragraphs (b) (1) through (3) and 
(7); and
    (iv) Provide the same information for the modified device that is 
required under Sec. 543.6 for a new device, except that the information 
specified by Sec. 543.6(a)(3) need by provided only to the extent that 
the modified device differs from the standard equipment

[[Page 121]]

antitheft device installed under the exemption.
    (d) NHTSA processes any complete petition. If a person submits a 
petition under this section that does not contain all the information 
required by it, NHTSA informs the manufacturer of the areas of 
insufficiency and advises the manufacturer that the agency does not 
process the petition until it receives the required information.
    (e) If NHTSA denies a petition requesting a proceeding to terminate 
or modify an exemption, the agency notifies the petitioner by letter.
    (f) If NHTSA commences a termination proceeding on its own 
initiative or in response to a petition, the agency provides the 
manufacturer of the exempted line with a copy of the petition, if any, a 
written statement of NHTSA's reasons for commencing the proceeding, and 
an opportunity to present its written views.
    (g)(1) The agency terminates an exemption if it determines that the 
antitheft device installed under the exemption has not been as effective 
as parts-marking in reducing and deterring motor vehicle theft.
    (2) Except as provided in paragraph (g)(3) of this section, a 
decision to terminate an exemption under this section takes effect on 
the later of the following dates:
    (i) The last day of the model year in which NHTSA issues the 
termination decision, or
    (ii) Six months after the manufacturer receives written notice of 
the termination.
    (3) If a manufacturer shows good cause why terminating its exemption 
effective on a date later than the one specified in paragraph (g)(2) of 
this section is consistent with the public interest and the purposes of 
the Act, the agency may set such later date.
    (h)(1) The agency modifies an exemption if it detemines, based on 
substantial evidence, that the modified antitheft device described in 
the petition is likely to be as effective in reducing and deterring 
motor vehicle theft as compliance with the parts-marking requirements of 
part 541.
    (2)(i) Except as provided in paragraph (h)(2)(ii) of this section, a 
decision to modify an exemption under this section takes effect on the 
first day of the model year following the model year in which NHTSA 
issued the modification decision.
    (ii) If a manufacturer shows good cause why modifying its exemption 
effective on a date earlier than the one specified in paragraph 
(h)(2)(i) of this section is consistent with the public interest and the 
purposes of the Act, the agency may set such earlier date.
    (i) [Reserved]
    (j) NHTSA publishes notice in the Federal Register of any agency 
decision terminating or modifying an exemption, and notifies the 
affected manufacturer in writing.