[Federal Register Volume 59, Number 116 (Friday, June 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14382]


[[Page Unknown]]

[Federal Register: June 17, 1994]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. T84-01; Notice 35]
RIN 2127-AF34

 

Final Listing of High Theft Lines for 1995 Model Year; Motor 
Vehicle Theft Prevention Standard

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule reports the results of NHTSA's determinations 
of high-theft car lines that are subject to the parts-making 
requirements of the motor vehicle theft prevention standard, and high-
theft car lines that are exempted from parts marking, for Model Year 
1995. This action is pursuant to the Motor Vehicle Information and Cost 
Savings Act, which provides that NHTSA select high-theft lines, with 
the agreement of the manufacturer, if possible. This final listing is 
intended to inform the public, particularly law enforcement groups, of 
the car lines that are subject to the parts-marking requirements of the 
theft prevention standard for Model Year 1995.

EFFECTIVE DATE: The amendment made by this final rule is effective July 
18, 1994.

FOR FURTHER INFORMATION CONTACT:
Ms. Barbara A. Gray, Office of Market Incentives, NHTSA, 400 Seventh 
Street, SW., Washington, DC 20590. Ms. Gray's telephone number is (202) 
366-1740.

SUPPLEMENTARY INFORMATION: The Federal Motor Vehicle Theft Prevention 
Standard, 49 CFR part 541, sets forth requirements for inscribing or 
affixing identification numbers onto covered original equipment major 
parts, and the replacement parts for those original equipment parts, on 
all vehicles in lines selected as high-theft lines.
    Section 603(a)(2) of the Motor Vehicle Information and Cost Savings 
Act (15 U.S.C. 2023(a)(2)) (hereinafter ``the Cost Savings Act'') 
specifies that NHTSA shall select the high-theft lines, with the 
agreement of the manufacturer, if possible. Section 603(d) of the Cost 
Savings Act (15 U.S.C. 2023(d)) provides that once a line has been 
designated as a high-theft line, it remains subject to the theft 
prevention standard unless that line is exempted under section 605 of 
the Cost Savings Act (15 U.S.C. 2025). Section 605 provides that a 
manufacturer may petition to have a high theft line exempted from the 
requirements of section 602, 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 lines and of the lines which are being 
listed for the first time and will be subject to the theft prevention 
standard beginning with Model Year 1995. It also identifies those car 
lines that are exempted from the theft prevention standard for the 1995 
model year because of standard equipment antitheft devices.
    For Model Year 1995, two car lines, the General Motors Oldsmobile 
Toronado and the Mazda Amati 800 were renamed as the Oldsmobile Aurora 
and the Mazda Millenia, respectively. Also, the Plymouth Sundance and 
Dodge Shadow have been renamed the Plymouth and Dodge Neon car lines. 
These two lines were listed in the MY 1994 Final Listing of High Theft 
Lines. Unfortunately, Chrysler did not inform the agency of the new 
nameplates for these lines until after the publication of the Federal 
Register (58 FR 63296), announcing the high-theft lines. This name 
change became effective beginning with the 1994 model year. The updated 
list reflects these name changes. Additionally, for Model Year 1995, 
the agency selected seven new car lines, in accordance with the 
procedures published in 49 CFR part 542, as likely to be high-theft 
lines. The newly selected lines are: The Chrysler Cirrus, Chrysler 
Sebring, Dodge Avenger, Dodge Stratus, Honda Acura (nameplate to be 
announced), Subaru Legacy, which was erroneously listed in the Federal 
Register (58 FR 63298) as a new car line for MY 1994, and the Toyota 
Avalon. In addition to these seven lines, the list of high-theft lines 
includes all those lines that were selected as high-theft lines and 
listed for prior model years.
    The list of exempted lines includes five high-theft lines exempted 
by the Agency, beginning with Model Year 1995, from the parts-marking 
requirements of part 541. The five car lines exempted in full are the 
Buick Riviera, Oldsmobile Aurora, Mazda Millenia, Volkswagen Cabriolet, 
and Volkswagen Corrado. Additionally, Toyota requested that the agency 
lists its Lexus car lines without its 3-digit engine identifier. 
Therefore, the updated list reflects this request.

Notice and Comment; Effective Date

    The car lines listed as being subject to the parts-marking standard 
have previously been selected as high-theft lines in accordance with 
the procedures of 49 CFR part 542 and section 603 of the Cost Savings 
Act. Under these procedures, manufacturers evaluate new car lines to 
conclude whether those new lines are likely to be high-theft lines. 
Manufacturers submit 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 parts marking. 
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 these preliminary determinations. Within 60 days of the 
receipt of the request, NHTSA 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 
car lines on the high-theft list is the subject of a prior final 
determination.
    Similarly, the car lines listed as being exempt from the standard 
have previously been exempted in accordance with the procedures of 49 
CFR part 543 and section 605 of the Cost Savings Act.
    Therefore, NHTSA finds for good cause that notice and opportunity 
for comment on these listings are unnecessary. Further, public comment 
on the listings of selections and exemptions is not contemplated by 
Title VI, and is unnecessary since the selections and exemptions have 
previously been made in accordance with the statutory criteria and 
procedure.
    For the same reasons, since this revised listing only informs the 
public of previous agency actions and does not impose any 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 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 the Cost Savings Act, and the 
manufacturers of the selected lines have already been informed that 
those lines are subject to the requirements of part 541 for Model Year 
1995. Further, this listing does not actually exempt lines from the 
requirements of 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 prior action for Model Year 
1995, 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 subject to the requirements 
of part 541 for Model Year 1995. The agency believes that 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 and it does not 
preempt any state law. Section 613 of the Motor Vehicle Information and 
Cost Savings Act (15 U.S.C. 2030) provides that judicial review of this 
rule may be obtained pursuant to section 504 of the Cost Savings Act 
(15 U.S.C. 2004). The Cost Savings Act 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.

PART 541--[AMENDED]

    In consideration of the foregoing, 49 CFR part 541 is amended as 
follows:
    1. The authority citation for part 541 continues to read as 
follows:

    Authority: 15 U.S.C. 2021-2024 and 2026; delegation of authority 
at 49 CFR 1.50.

    2. In part 541, Appendix A, Appendix A-I, and Appendix A-II are 
revised to read as follows:

     Appendix A--Lines Subject to the Requirements of This Standard     
------------------------------------------------------------------------
            Manufacturer                        Subject lines           
------------------------------------------------------------------------
Alfa Romeo.........................  Milano 161.                        
                                     Fiat 164.                          
BMW................................  3 Car Line.                        
                                     5 Car Line.                        
                                     6 Car Line.                        
Chrysler...........................  Chrysler Cirrus.\1\                
                                     Chrysler Executive Sedan/Limousine.
                                     Chrysler Fifth Avenue/Newport.     
                                     Chrysler Laser.                    
                                     Chrysler LeBaron/Town & Country.   
                                     Chrysler LeBaron GTS.              
                                     Chrysler's TC.                     
                                     Chrysler New Yorker Fifth Avenue.  
                                     Chrysler Sebring.\1\               
                                     Dodge 600.                         
                                     Dodge Aries.                       
                                     Dodge Avenger.\1\                  
                                     Dodge Colt.                        
                                     Dodge Daytona.                     
                                     Dodge Diplomat.                    
                                     Dodge Lancer.                      
                                     Dodge Neon.\2\                     
                                     Dodge Stealth.                     
                                     Dodge Stratus.\1\                  
                                     Eagle Summit.                      
                                     Eagle Talon.                       
                                     Plymouth Caravelle.                
                                     Plymouth Colt.                     
                                     Plymouth Laser.                    
                                     Plymouth Gran Fury.                
                                     Plymouth Neon.\2\                  
                                     Plymouth Reliant.                  
Consulier..........................  Consulier GTP.                     
Ferrari............................  Mondial 8.                         
                                     308.                               
                                     328.                               
Ford...............................  Ford Mustang.                      
                                     Ford Thunderbird.                  
                                     Ford Probe.                        
                                     Mercury Capri.                     
                                     Mercury Cougar.                    
                                     Lincoln Continental.               
                                     Lincoln Mark.                      
                                     Lincoln Town Car.                  
                                     Merkur Scorpio.                    
                                     Merkur XR4Ti.                      
General Motors.....................  Buick Electra.                     
                                     Buick Reatta.                      
                                     Buick Regal.                       
                                     Chevrolet Nova.                    
                                     Chevrolet Lumina.                  
                                     Chevrolet Monte Carlo.             
                                     Oldsmobile Cutlass Supreme.        
                                     Pontiac Fiero.                     
                                     Pontiac Grand Prix.                
                                     Geo Prizm.                         
                                     Geo Storm.                         
                                     Saturn Sports Coupe.               
Honda..............................  Acura (nameplate to be             
                                      announced).\1\                    
Isuzu..............................  Impulse.                           
                                     Stylus.                            
Jaguar.............................  XJ.                                
                                     XJ-6.                              
                                     XJ-40.                             
Lotus..............................  Elan.                              
Maserati...........................  Biturbo.                           
                                     Quattroporte.                      
                                     228.                               
Mazda..............................  GLC.                               
                                     626.                               
                                     MX-6.                              
                                     MX-5 Miata.                        
                                     MX-3.                              
Mercedes-Benz......................  190 D.                             
                                     190 E.                             
                                     250 D-T.                           
                                     260 E.                             
                                     300 SE.                            
                                     300 TD.                            
                                     300 SDL.                           
                                     300 SEC/500 SEC.                   
                                     300 SEL/500 SEL.                   
                                     420 SEL.                           
                                     560 SEL.                           
                                     560 SEC.                           
                                     560 SL.                            
Mitsubishi.........................  Cordia.                            
                                     Eclipse.                           
                                     Mirage.                            
                                     Tredia.                            
                                     3000GT.                            
Peugeot............................  405.                               
Porsche............................  924S.                              
Subaru.............................  XT.                                
                                     SVX.                               
                                     Legacy.\1\                         
Toyota.............................  Avalon.\1\                         
                                     Camry.                             
                                     Celica.                            
                                     Corolla/Corolla Sport.             
                                     MR2.                               
                                     Starlet.                           
Volkswagen.........................  Audi Quattro.                      
                                     Rabbit.                            
                                     Scirocco.                          
------------------------------------------------------------------------
\1\Car lines added for Model Year 1995.                                 
\2\The Dodge and Plymouth Neon car lines replaced the Dodge Shadow and  
  Plymouth Sundance car lines beginning with MY 1994.                   


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                                
------------------------------------------------------------------------
           Manufacturer                         Subject lines           
------------------------------------------------------------------------
Austin Rover.......................  Sterling.                          
BMW................................  7 Car Line.                        
                                     8 Car Line.                        
Chrysler...........................  Chrysler Conquest.                 
                                     Imperial.                          
General Motors.....................  Buick Riviera.\1\                  
                                     Cadillac Allante.                  
                                     Chevrolet Corvette.                
                                     Oldsmobile Aurora.\1\\2\           
                                     Oldsmobile Toronado (MYs 1987-     
                                      1994).                            
Honda..............................  Acura NS-X.                        
                                     Acura Legend.                      
                                     Acura Vigor.                       
Isuzu..............................  Impulse (MYs 1987-1991).           
Mazda..............................  929.                               
                                     RX-7                               
                                     Amati 1000.                        
                                     Millenia.\2\                       
Mercedes-Benz......................  124 Carline (the models within this
                                      line are):                        
                                     300D.                              
                                     300E.                              
                                     300CE.                             
                                     300TE.                             
                                     400E.                              
                                     500E.                              
                                     129 Carline (the models within this
                                      line are):                        
                                     300SL.                             
                                     500SL.                             
                                     600SL.                             
Mitsubishi.........................  Galant.                            
                                     Starion.                           
                                     Diamante.                          
Nissan.............................  Maxima.                            
                                     300 ZX.                            
                                     Infiniti M30.                      
                                     Infiniti Q45.                      
                                     Infiniti J30.                      
Porsche............................  911.                               
                                     928.                               
                                     968.                               
Saab...............................  900.                               
                                     9000.                              
Toyota.............................  Cressida.                          
                                     Supra.                             
                                     Lexus ES.                          
                                     Lexus GS.                          
                                     Lexus LS.                          
                                     Lexus SC.                          
Volkswagen.........................  Audi 5000S.                        
                                     Audi 100.                          
                                     Audi 200.                          
                                     Cabriolet.\1\                      
                                     Corrado.\1\                        
                                     Jetta III.                         
------------------------------------------------------------------------
\1\Lines exempted in full from the requirements of Part 541 pursuant to 
  49 CFR Part 543, beginning from MY 1995.                              
\2\The Oldsmobile Toronado was renamed the Oldsmobile Auroia, and the   
  Mazda Amati 800 was renamed the Mazda Millenia beginning with the 1995
  model year.                                                           


    Appendix A-II--High-Theft Lines With Antitheft Devices Which Are    
  Exempted in Part From the Parts-Marking Requirements of This Standard 
                      Pursuant to 49 CFR Part 543                       
------------------------------------------------------------------------
     Manufacturer             Subject lines         Parts to be marked  
------------------------------------------------------------------------
General Motors.........  Chevrolet Camaro.......  Engine, Transmission. 
                         Pontiac Firebird.......  Engine, Transmission. 
                         Cadillac Deville.......  Engine, Transmission. 
                         Cadillac Eldorado......  Engine, Transmission. 
                         Cadillac Seville.......  Engine, Transmission. 
                         Cadillac Sixty Special.  Engine, Transmission. 
                         Oldsmobile 98..........  Engine, Transmission. 
                         Buick Park Avenue......  Engine, Transmission. 
                         Pontiac Bonneville.....  Engine, Transmission. 
                         Buick LeSabre..........  Engine, Transmission. 
                         Oldsmobile 88 Royale...  Engine, Transmission. 
------------------------------------------------------------------------

    Issued on: June 9, 1994.
Christopher A. Hart,
Deputy Administrator.
[FR Doc. 94-14382 Filed 6-16-94; 8:45 am]
BILLING CODE 4910-59-M