[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Rules and Regulations]
[Pages 36231-36235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17037]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. T84-01; Notice 36]
RIN 2127-AF58
Federal Motor Vehicle Theft Prevention Standard; Final Listing of
Model Year 1996 High-Theft Car 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 determinations of high-theft
car lines that are subject to the parts-marking requirements of the
Federal motor vehicle theft prevention standard, and high-theft car
lines that are exempted from parts marking because the vehicles are
equipped with agency-approved antitheft devices, for model year (MY)
1996, pursuant to the statute relating to motor vehicle theft
prevention.
EFFECTIVE DATE: The amendment made by this final rule is effective July
14, 1995.
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. Her fax number is (202) 366-
4329.
SUPPLEMENTARY INFORMATION: The Federal motor vehicle theft pevention
standard, 49 CFR Part 541, requires motor vehicle manufacturers to
inscribe or affix vehicle identification numbers (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.
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 Section 33106. Section 33106
provides that a manufacturer may petition to have a high-theft line
exempted from the requirements of Section 33104, if the line is
equipped with an antitheft device as standard equipment. The exemption
is granted if NHTSA determines that the antitheft
[[Page 36232]]
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 with MY 1996. It also identifies those car lines that are
exempted from the theft prevention standard for the 1996 model year
because of standard equipment antitheft devices.
For MY 1996, the agency selected three new car lines as likely to
be high-theft lines, in accordance with the procedures published in 49
CFR Part 542. The newly selected lines are the Plymouth Breeze, Honda
Acura TL, and the Hyundai Accent. In addition to these three car lines,
the list of high-theft cars includes all those lines that were selected
as high-theft and listed for prior model years.
The list of lines exempted by the agency from the parts-marking
requirements of Part 541 includes high-theft lines exempted in full,
beginning with MY 1996, The five car lines exempted in full are the
General Motors Chevrolet Lumina/Monte Carlo, Buick Regal, Mercedes-Benz
C-Class, Nissan Infiniti I, and Volkswagen Golf/GTI. Volkswagen also
informed the agency that the ``III'' designation attached to the Jetta
car line would be dropped beginning with the 1996 model year.
Additionally, Nissan informed the agency that it stopped utilizing the
antitheft exemption for the Maxima beginning with MY 1995, and now
parts-marks the Maxima's. The updated list reflects this information.
Furthermore, Appendix A-II has been amended to reflect a name change
for the General Motors Cadillac Six-Special. It was renamed the
Concours beginning MY 1994.
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 set forth in 49 CFR Part 542. Under these procedures,
manufacturers evaluate new vehicle lines to conclude whether those new
lines are likely to be high-theft. 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 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, 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 was the subject of a 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 33106.
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, 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 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. Section 33104, and the
manufacturers of the selected lines have already been informed that
those lines are subject to the requirements of Part 541 for MY 1996.
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 agency action for MY
1996, 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 MY 1996. 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. Section 33117 provides that judicial review
of this rule may be obtained pursuant to 49 U.S.C. Section 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.
In consideration of the foregoing, 49 CFR Part 541 is amended as
follows:
PART 541--[AMENDED]
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.
2. In part 541, Appendices A, A-I, and A-II are revised to read as
follows:
[[Page 36233]]
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................................ 3 Car Line.
5 Car Line.
6 Car Line.
CHRYSLER........................... Chrysler Cirrus.
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.
Dodge 600.
Dodge Aries.
Dodge Avenger.
Dodge Colt.
Dodge Daytona.
Dodge Diplomat.
Dodge Lancer.
Dodge Neon.
Dodge Shadow.\1\
Dodge Stratus.
Dodge Stealth.
Eagle Summit.
Eagle Talon.
Plymouth Caravelle.
Plymouth Colt.
Plymouth Laser.
Plymouth Gran Fury.
Plymouth Neon.
Plymouth Reliant.
Plymouth Sundance.\1\
Plymouth Breeze.\2\
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.
Chevrolet Nova.
Chevrolet Monte Carlo (MYs 1987-
88).
Oldsmobile Cutlass Supreme.
Pontiac Fiero.
Pontiac Grand Prix.
Geo Prizm.
Geo Storm.
Saturn Sports Coupe.
HONDA.............................. Acura TL.\2\
HYUNDAI............................ Accent.\2\
ISUZU.............................. Impulse.
Stylus.
JAGUAR............................. XJ.
XJ-6.
XJ-40.
LOTUS.............................. Elan.
MASERATI........................... Biturbo.
Quattroporte.
228.
MAZDA.............................. GLC.
[[Page 36234]]
626.
MX-6.
MX-5 Miata.
MX-3.
MERCEDES-BENZ...................... 190 D.
190 E.
250D-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.
NISSAN............................. Maxima.\3\
PEUGEOT............................ 405.
PORSCHE............................ 924S.
SUBARU............................. XT.
SVX.
Legacy.
TOYOTA............................. Avalon.
Camry.
Celica.
Corolla/Corolla Sport.
MR2.
Starlet.
VOLKSWAGEN......................... Audi Quattro.
Rabbit.
Scirocco.
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\1\ The MY 1995 Dodge and Plymouth Neon car lines replaced the Dodge
Shadow and Plymouth Sundance car lines during MY 1994. The Shadow and
Sundance continued to be subject to Part 541.
\2\ Car lines added for MY 1996.
\3\ Car line subject to parts-marking beginning with MY 1995.
Appendix A-I to Part 541--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
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AUSTIN ROVER....................... Sterling.\1\
BMW................................ 7 Car Line.
8 Car Line.
CHRYSLER........................... Chrysler Conquest.
Imperial.
GENERAL MOTORS..................... Buick Regal.\1\
Buick Riviera.
Cadillac Allante.
Chevrolet Corvette.
Chevrolet Lumina/Monte Carlo.\1\
Oldsmobile Aurora.
Oldsmobile Toronado.
HONDA.............................. Acura NS-X.
Acura Legend.
Acura Vigor.
ISUZU.............................. Impulse (MY's 1987-1991).
MAZDA.............................. 929.
RX-7.
Millenia.
Amati 1000.
MERCEDES-BENZ...................... 124 Carline (the models within this
line are):
300D.
300E.
300CE.
300TE.
400E.
500E.
[[Page 36235]]
MERCEDES-BENZ...................... 129 Carline (the models within this
line are):
300SL.
500SL.
600SL.
202 Line.
C-Class.\1\
MITSUBISHI......................... Galant.
Starion.
Diamante.
NISSAN............................. Maxima.\2\
300 ZX.
Infiniti M30.
Infiniti Q45.
Infiniti J30.
Infiniti I.\1\
PORSCHE............................ 911.
928.
968.
SAAB............................... 900.
9000.
TOYOTA............................. Supra.
Cressida.
Lexus LS400.
Lexus ES250.
Lexus SC300.
Lexus SC400.
VOLKSWAGEN......................... Audi 5000S.
Audi 100.
Audi 200.
Cabriolet.
Corrado.
Jetta.
Golf/GTI.\1\
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\1\ Lines exempted in full from the requirements of Part 541 pursuant to
49 CFR Part 543, beginning with MY 1996.
\2\ Exemption applied for MYs 1987-1994.
Appendix A-II to Part 541--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
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Manufacturer Subject lines Parts to be marked
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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.\1\
Oldsmobile 98.......... Engine, Transmission.
Buick Park Avenue...... Engine, Transmission.
Pontiac Bonneville..... Engine, Transmission.
Buick LeSabre.......... Engine, Transmission.
Oldsmobile 88 Royale... Engine, Transmission.
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\1\ Renamed the Cadillac Concours beginning with MY 1994.
Issued on: July 6, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-17037 Filed 7-13-95; 8:45 am]
BILLING CODE 4910-59-P