[Federal Register Volume 69, Number 42 (Wednesday, March 3, 2004)]
[Rules and Regulations]
[Pages 9964-9969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4772]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. NHTSA-04-17071]
RIN 2127-AJ28
Federal Motor Vehicle Theft Prevention Standard; Final Listing of
Model Year 2005 High-Theft Vehicle Lines
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule.
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SUMMARY: This final rule announces NHTSA's determination for model year
(MY) 2005 high-theft vehicle lines that are subject to the parts-
marking requirements of the Federal motor vehicle theft prevention
standard, and high-theft MY 2005 lines that are exempted from the
parts-marking requirements because the vehicles are equipped with
antitheft devices determined to meet certain statutory criteria
pursuant to the statute relating to motor vehicle theft prevention.
EFFECTIVE DATE: The amendment made by this final rule is effective
March 3, 2004.
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer
Standards Division, Office of International Policy, Fuel Economy and
Consumer Programs, NHTSA, 400 Seventh Street, SW., Washington, DC
20590. Ms. Proctor's telephone number is (202) 366-0846. Her fax number
is (202) 493-2290.
SUPPLEMENTARY INFORMATION: The Anti Car Theft Act of 1992, Pub. L. 102-
519, amended the law relating to the partsmarking of major component
parts on designated high-theft vehicle lines and other motor vehicles.
The Anti Car Theft Act amended the definition of ``passenger motor
vehicle'' in 49 U.S.C. 33101(10) to include a ``multipurpose passenger
vehicle or light duty truck when that vehicle or truck is rated at not
more than 6,000 pounds gross vehicle weight.'' Since ``passenger motor
vehicle'' was previously defined to include passenger cars only, the
effect of the Anti Car Theft Act is that certain multipurpose passenger
vehicle (MPV) and light-duty truck (LDT) lines may be determined to be
high-theft vehicles subject to the Federal motor vehicle theft
prevention standard (49 CFR part 541).
The purpose of the theft prevention standard is to reduce the
incidence of motor vehicle theft by facilitating the tracing and
recovery of parts from stolen vehicles. The standard seeks to
facilitate such tracing by requiring that vehicle identification
numbers (VINs), VIN derivative numbers, or other symbols be placed on
major component vehicle parts. The theft prevention standard requires
motor vehicle manufacturers to inscribe or affix VINs onto covered
original equipment major component parts, and to inscribe or affix a
symbol identifying the manufacturer and a common symbol identifying the
replacement component parts for those original equipment parts, on all
vehicle lines selected as high-theft.
The Anti Car Theft Act also amended 49 U.S.C. 33103 to require
NHTSA to promulgate a parts-marking standard applicable to major parts
installed by manufacturers of ``passenger motor vehicles (other than
light duty trucks) in not more than one-half of the lines not
designated under 49 U.S.C. 33104 as high-theft lines.'' NHTSA lists
each of the selected lines not designated under 49 U.S.C. 33104 as
high-theft lines in Appendix B to part 541. Since Sec. 33103 did not
specify marking of replacement parts for below-median lines, the agency
does not require marking of replacement parts for these lines. NHTSA
published a final rule amending 49 CFR part 541 to include the
definitions of MPV and LDT, and major component parts. [See 59 FR
64164, December 13, 1994].
49 U.S.C. 33104(a)(3) specifies that NHTSA shall select high-theft
vehicle lines, with the agreement of the manufacturer, if possible.
Section 33104(d) provides that once a line has been designated as
likely high-theft, it remains subject to the theft prevention standard
unless that line is exempted under Sec. 33106. Section 33106 provides
that a manufacturer may petition to have a high-theft line exempted
from the requirements of Sec. 33104, if the line is equipped with an
antitheft device as standard equipment. The exemption is granted if
NHTSA determines that the antitheft device is likely to be as effective
as compliance with the theft prevention standard in reducing and
deterring motor vehicle thefts.
The agency annually publishes the names of the lines which were
previously listed as high-theft, and the lines which are being listed
for the first time and will be subject to the theft prevention standard
beginning in a given model year in Appendix A to part 541. It also
identifies in Appendix A-I to part 541 those lines that are exempted
from the theft prevention standard for a given model year under Sec.
33104. Additionally, this listing identifies those lines (except light-
duty trucks) in Appendix B to part 541 that have theft rates below the
1990/1991 median theft rate but are subject to the requirements of this
standard under Sec. 33103.
On July 2, 2003, the final listing of high-theft lines for the MY
2004 vehicle lines was published in the Federal Register (68 FR 39471).
The final listing identified two vehicle lines, the Toyota Scion xA and
Scion xB that were listed for the first time and became subject to the
theft prevention standard beginning with the 2004 model year.
For MY 2005, there were no new vehicle lines identified as likely
to be high-theft lines, in accordance with the procedures published in
49 CFR part 542.
The vehicle lines listed as being subject to the parts-marking
standard have previously been designated as high-theft lines in
accordance with the procedures set forth in 49 CFR Part 542.
[[Page 9965]]
Under these procedures, manufacturers evaluate new vehicle lines to
conclude whether those new lines are likely to be high theft. The
manufacturer submits these evaluations and conclusions to the agency,
which makes an independent evaluation; and, on a preliminary basis,
determines whether the new line should be subject to the parts-marking
requirements. NHTSA informs the manufacturer in writing of its
evaluations and determinations, together with the factual information
considered by the agency in making them. The manufacturer may request
the agency to reconsider the preliminary determinations. Within 60 days
of the receipt of these requests, the agency makes its final
determination. NHTSA informs the manufacturer by letter of these
determinations and its response to the request for reconsideration. If
there is no request for reconsideration, the agency's determination
becomes final 45 days after sending the letter with the preliminary
determination. Each of the new lines on the high-theft list has been
the subject of a final determination under either 49 U.S.C. 33103 or
33104.
The list of lines that have been exempted by the agency from the
parts-marking requirements of Part 541 includes a high-theft line newly
exempted in full beginning with MY 2005. The vehicle line newly
exempted in full is the DaimlerChrysler Corporation's (DaimlerChrysler)
Town and Country MPV. The agency granted DaimlerChrysler's petition for
an exemption of its Town and Country MPV from the parts-marking
requirements of the Federal Motor Vehicle Theft Prevention Standard
beginning with the 2005 model year (68 FR 46676, August 6, 2003).
Subsequent to publishing the 2004 final rule, the agency granted BMW of
North America, Inc.'s petition for an exemption of its Carline 6 from
the parts-marking requirements beginning with the 2004 model year (68
FR 69127, December 11, 2003). Accordingly, the listing has been amended
to reflect that two lines previously designated as high-theft lines
have been deleted from Appendix A and added to Appendix A-I. The
vehicle lines listed as being exempt from the standard have previously
been exempted in accordance with the procedures of 49 CFR Part 543 and
49 U.S.C. 33106.
Similarly, the low-theft lines listed as being subject to the
parts-marking standard have previously been designated in accordance
with the procedures set forth in 49 U.S.C. 33103.
Therefore, NHTSA finds for good cause that notice and opportunity
for comment on these listings are unnecessary. Further, public comment
on the listing of selections and exemptions is not contemplated by 49
U.S.C. Chapter 331.
For the same reasons, since this revised listing only informs the
public of previous agency actions and does not impose additional
obligations on any party, NHTSA finds for good cause that the amendment
made by this notice should be effective as soon as it is published in
the Federal Register.
Regulatory Impacts
1. Costs and Other Impacts
NHTSA has analyzed this rule and determined that it is not
``significant'' within the meaning of the Department of
Transportation's regulatory policies and procedures. The agency has
also considered this notice under Executive Order 12866. As already
noted, the selections in this final rule have previously been made in
accordance with the provisions of 49 U.S.C. 33104, and the
manufacturers of the selected lines have already been informed that
those lines are subject to the requirements of 49 CFR Part 541 for MY
2005. Further, this listing does not actually exempt lines from the
requirements of 49 CFR Part 541; it only informs the general public of
all such previously granted exemptions. Since the only purpose of this
final listing is to inform the public of actions for MY 2005 that the
agency has already taken, a full regulatory evaluation has not been
prepared.
2. Regulatory Flexibility Act
The agency has also considered the effects of this listing under
the Regulatory Flexibility Act. I hereby certify that this rule will
not have a significant economic impact on a substantial number of small
entities. As noted above, the effect of this final rule is simply to
inform the public of those lines that are already subject to the
requirements of 49 CFR Part 541 for MY 2005. The agency believes that
the listing of this information will not have any economic impact on
small entities.
3. Environmental Impacts
In accordance with the National Environmental Policy Act of 1969,
the agency has considered the environmental impacts of this rule, and
determined that it will not have any significant impact on the quality
of the human environment.
4. Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this final rule does not have sufficient Federalism implications
to warrant the preparation of a Federalism Assessment.
5. Civil Justice Reform
This final rule does not have a retroactive effect. In accordance
with section 33118 when the Theft Prevention Standard is in effect, a
State or political subdivision of a State may not have a different
motor vehicle theft prevention standard for a motor vehicle or major
replacement part. 49 U.S.C. 33117 provides that judicial review of this
rule may be obtained pursuant to 49 U.S.C. 32909. Section 32909 does
not require submission of a petition for reconsideration or other
administrative proceedings before parties may file suit in court.
List of Subjects in 49 CFR Part 541
Administrative practice and procedure, Labeling, Motor vehicles,
Reporting and recordkeeping requirements.
0
In consideration of the foregoing, 49 CFR Part 541 is amended as
follows:
PART 541--[AMENDED]
0
1. The authority citation for Part 541 continues to read as follows:
Authority: 49 U.S.C. 33102-33104 and 33106; delegation of
authority at 49 CFR 1.50.
0
2. In Part 541, Appendices A and AI are revised. Appendices A and AI
are revised to read as follows:
Appendix A to Part 541--Lines Subject to the Requirements of This
Standard
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Manufacturer Subject lines
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ALFA ROMEO............................. Milano 161
164
BMW.................................... Z3
Z8
[[Page 9966]]
CONSULIER.............................. Consulier GTP
DAEWOO................................. Korando
Musso (MPV)
Nubira (2000-2002)
DAIMLERCHRYSLER........................ Chrysler Cirrus
Chrysler Fifth Avenue/Newport
Chrysler Laser
Chrysler LeBaron/Town & Country
Chrysler LeBaron GTS
Chrysler's TC
Chrysler New Yorker Fifth
Avenue
Chrysler Sebring
Dodge 600
Dodge Aries
Dodge Avenger
Dodge Colt
Dodge Daytona
Dodge Diplomat
Dodge Lancer
Dodge Neon
Dodge Shadow
Dodge Stratus
Dodge Stealth
Eagle Summit
Eagle Talon
Jeep Cherokee (MPV)
Jeep Liberty (MPV)
Jeep Wrangler (MPV)
Plymouth Caravelle
Plymouth Colt
Plymouth Laser
Plymouth Gran Fury
Plymouth Neon
Plymouth Reliant
Plymouth Sundance
Plymouth Breeze
FERRARI................................ Mondial 8
328
FORD................................... Ford Aspire
Ford Escort
Ford Probe
Ford Thunderbird
Lincoln Continental
Lincoln Mark
Mercury Capri
Mercury Cougar
Merkur Scorpio
Merkur XR4Ti
GENERAL MOTORS......................... Buick Electra
Buick Reatta
Buick Skylark
Chevrolet Nova
Chevrolet Blazer (MPV)
Chevrolet Prizm
Chevrolet S-10 Pickup
Geo Storm
Chevrolet Tracker (MPV)
GMC Jimmy (MPV)
GMC Sonoma Pickup
Oldsmobile Achieva (1997-1998)
Oldsmobile Bravada
Oldsmobile Cutlass
Oldsmobile Cutlass Supreme
(1988-1997)
Oldsmobile Intrigue
Pontiac Fiero
Saturn Sports Coupe (1991-2002)
HONDA.................................. Accord
CRV (MPV)
Odyssey (MPV)
Passport
Pilot (MPV)
Prelude
S2000
Acura Integra
[[Page 9967]]
Acura MDX (MPV)
Acura RSX
HYUNDAI................................ Accent
Sonata
Tiburon
ISUZU.................................. Amigo
Impulse
Rodeo
Rodeo Sport
Stylus
Trooper/Trooper II
VehiCross (MPV)
JAGUAR................................. XJ
KIA MOTORS............................. Optima
Rio
Sephia (1998-2002)
Spectra
LOTUS.................................. Elan
MASERATI............................... Biturbo
Quattroporte
228
MAZDA.................................. 626 (1987-2002)
MX-3
MX-5 Miata
MX-6
MERCEDES-BENZ.......................... 190 D
190 E
260E (1987-1989)
300 SE (1988-1991)
300 TD (1987)
300 SDL (1987)
300 SEL
350 SDL (1990-1991)
420 SEL (1987-1991)
560 SEL (1987-1991)
560 SEC (1987-1991)
560 SL
MITSUBISHI............................. Cordia
Eclipse
Lancer
Mirage
Montero (MPV)
Montero Sport (MPV)
Tredia
3000GT
NISSAN................................. 240SX
Sentra/200SX
Xterra
PEUGEOT................................ 405
PORSCHE................................ 924S
SUBARU................................. XT
SVX
Baja
Forester
Legacy Outback (1995-2004)
SUZUKI................................. Aerio
X90 (MPV)
Sidekick (1997-1998)
Vitara/Grand Vitara (MPV)
TOYOTA................................. Toyota 4-Runner (MPV)
Toyota Avalon
Toyota Camry
Toyota Celica
Toyota Corolla/Corolla Sport
Toyota Echo
Toyota Highlander (MPV)
Toyota Matrix (MPV)
Toyota MR2
Toyota MR2 Spyder
Toyota Prius
Toyota RAV4 (MPV)
Toyota Sienna (MPV)
Toyota Tercel
Lexus IS300
[[Page 9968]]
Lexus LX470 (MPV)
Lexus RX300 (MPV)
Scion xA
Scion xB
VOLKSWAGEN............................. Audi Quattro
Volkswagen Scirocco
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Appendix A--I High-Theft Lines With Antitheft Devices Which Are
Exempted From the Parts-Marking Requirements of This Standard Pursuant
to 49 CFR Part 543
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Manufacturer Subject lines
------------------------------------------------------------------------
AUSTIN ROVER........................... Sterling
BMW.................................... MINI
X5
Z4
3 Car Line
5 Car Line
6 Car Line \1\
7 Car Line
8 Car Line
DAIMLERCHRYSLER........................ Jeep Grand Cherokee
Chrysler Conquest
Chrysler Imperial
Chrysler Town and Country MPV
\2\
FORD................................... Lincoln Town Car
Mustang
Mercury Sable (2001-2004)
Mercury Grand Marquis
Taurus (2000-2004)
GENERAL MOTORS......................... Buick LeSabre
Buick Park Avenue
Buick Regal/Century
Buick Riviera
Cadillac Allante
Cadillac Deville
Cadillac Seville
Chevrolet Cavalier
Chevrolet Classic \3\
Chevrolet Corvette
Chevrolet Impala/Monte Carlo
Chevrolet Lumina/Monte Carlo
(1996-1999)
Chevrolet Malibu (2001-2003)
Chevrolet Venture
Oldsmobile Alero
Oldsmobile Aurora
Oldsmobile Toronado
Pontiac Bonneville
Pontiac Grand Am
Pontiac Grand Prix
Pontiac Sunfire
HONDA.................................. Acura CL
Acura Legend (1991-1996)
Acura NSX
Acura RL
Acura SLX
Acura TL
Acura Vigor (1992-1995)
ISUZU.................................. Axiom
Impulse (1987-1991)
JAGUAR................................. XK
MAZDA.................................. 6
929
RX-7
Millenia
MERCEDES-BENZ.......................... 124 Car Line (the models within
this line are):
260E
300D
300E
300CE
300TE
400E
500E
129 Car Line (1993-2002)--the
models within this line are:
[[Page 9969]]
300SL
500SL
600SL
SL320
SL500
SL600
202 Car Line (the models within
this line are):
C220
C230
C280
C36
C43
MITSUBISHI............................. Galant
Starion
Diamante
NISSAN................................. Nissan Altima
Nissan Maxima
Nissan Pathfinder
Nissan 300ZX
Infiniti G35
Infiniti I30
Infiniti J30
Infiniti M30
Infiniti M45
Infiniti QX4
Infiniti Q45
PORSCHE................................ 911
928
968
986 Boxster
SAAB................................... 9-3
900 (1994-1998)
9000 (1989-1998)
TOYOTA................................. Toyota Supra
Toyota Cressida
Lexus ES
Lexus GS
Lexus LS
Lexus SC
VOLKSWAGEN............................. Audi 5000S
Audi 100/A6
Audi 200/S4/S6
Audi Allroad Quattro (MPV)
Audi Cabriolet
Volkswagen Cabrio
Volkswagen Corrado
Volkswagen Golf/GTI
Volkswagen Jetta/Jetta III
Volkswagen Passat
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\1\ Line exempted in full beginning with MY 2004.
\2\ Line exempted in full beginning with MY 2005.
\3\ The Chevrolet Malibu (produced from MY 1997-2003) was renamed the
Chevrolet Classic beginning with MY 2004.
Issued on: February 24, 2004.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 04-4772 Filed 3-2-04; 8:45 am]
BILLING CODE 4910-59-P