[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15390-15394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8358]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. 96-17; Notice 01]
RIN: 2127-AG34


Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
Model Year 1997 High-Theft Vehicle Lines

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.


[[Page 15391]]

ACTION: Final rule.

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SUMMARY: This final rule announces NHTSA's determination, for Model 
Year (MY) 1997, of high-theft vehicle lines that will be subject to the 
parts-marking requirements of the Federal motor vehicle theft 
prevention standard and high-theft lines that will be exempted from the 
parts-marking requirements because the vehicles are equipped with 
agency-approved antitheft devices, pursuant to the statute relating to 
motor vehicle theft prevention.

EFFECTIVE DATE: The amendment made by this final rule is effective 
April 8, 1996.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Motor Vehicle 
Theft Group, Office of Planning and Consumer Programs, NHTSA, 400 
Seventh Street, S.W., Washington, D.C. 20590. Ms. Proctor's telephone 
number is (202) 366-0846. Her fax number is (202) 493-2739.

SUPPLEMENTARY INFORMATION: The ``Anti Car Theft Act of 1992'' amended 
the law relating to the parts-marking of major component parts on 
designated high-theft vehicle lines and other motor vehicles. One 
amendment made by the Anti Car Theft Act was to 49 U.S.C. 33101(10), 
where the definition of ``passenger motor vehicle'' now includes 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.
    Another amendment made by the Anti Car Theft Act was to 49 U.S.C. 
33103. This section required 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 to 
exceed one-half of the lines not designated under section 33104 as 
high-theft lines.'' NHTSA published the final rule amending 49 CFR Part 
541, which now includes the definitions of MPV and LDT, and major 
component parts. (See 59 F.R. 64164, December 13, 1995). In carrying 
out section 33103, NHTSA reviewed theft rates of the 231 vehicle lines 
that were listed in the 1990/91 theft rate data. (See 59 F.R. 12400, 
March 16, 1994) A total of 116 vehicle lines (any line rated a number 
116 or lower) was in the eligible pool of lines potentially subject to 
parts-marking pursuant to section 33103.
    Pursuant to the statutory mandate, NHTSA removed all light-duty 
truck lines from the eligible pool. Section 33103(a) further directs 
NHTSA to select only lines ``not designated under section 33104 of this 
title as high theft lines.'' Thus, the agency removed any passenger 
motor vehicle line that NHTSA had previously determined to be high 
theft. After removing the ineligible lines, the agency determined that 
there were 57 lines below the median still eligible for selection under 
section 33103. Out of the 57 below-median lines left, the agency 
designated the 45 lines with the highest theft rates to be marked 
pursuant to section 33103 and section 33104(a)(1)(C).
    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 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 that were 
previously listed as high-theft and the lines that are being listed for 
the first time and will be subject to the Theft Prevention Standard 
beginning with MY 1997. It also identifies those lines that are 
exempted from the Theft Prevention Standard for the 1997 model year 
because of standard equipment antitheft devices.
    For MY 1997, the agency selected nine new vehicle lines as likely 
to be high-theft lines, in accordance with the procedures published in 
49 CFR Part 542. Of these newly selected lines, six have been exempted 
by the agency from the parts-marking requirements of Part 541. The 
three lines that have not been exempted are the Honda Passport, Honda 
CRV, and Toyota RAV4. In addition to these newly selected lines, 45 
existing vehicle lines were added that fell below the median. Further, 
this listing of high-theft vehicles includes all those lines that were 
selected as high-theft and listed for prior model years.
    The list of lines that have been exempted by the agency from the 
parts-marking requirements of Part 541 includes high-theft lines newly 
exempted in full beginning with MY 1997. The six vehicle lines newly 
exempted in full are the BMW 5 Car Line, General Motors Chevrolet 
Cavalier, Honda Acura CLX, Jaguar XK8, Nissan Infiniti QX4, and 
Volkswagen Passat.
    Volkswagen also informed the agency that the MY 1996 final rule (60 
FR 36231) listing of high-theft car lines inadvertently omitted from 
Appendix A-I the following six lines: the Volkswagen Cabrio, the Jetta 
III, the Audi Cabriolet, the Audi A6, S4, and S6. Further, Toyota 
requested that the agency delete in the Appendix A-I listing: the 
``Lexus ES 250,'' the ``Lexus LS 400'' and the ``Lexus SC300.'' These 
lines will now be listed as the ``Lexus ES,'' the ``Lexus LS,'' and the 
``Lexus SC.'' Additionally, the ``Lexus GS'' which was inadvertently 
left off the listing published for MY 1996 is now added to this 
listing. Finally, three lines were introduced after the final rule 
listing of MY 1996 high-theft lines was published. These lines are 
subject to the marking requirements of the Theft Prevention Standard, 
the BMW Z3, the Porsche Boxster, and the Suzuki X90. The Porsche 
Boxster received an exemption for the 1996 model year. The updated list 
reflects this information.
    Furthermore, this final rule responds to comments received from 
Porsche Cars North America, Inc. (Porsche) and Subaru of America, Inc. 
(Subaru), each requesting that one car line be deleted from the list 
because it is no longer being produced. Those lines are the Porsche 944 
and the Subaru XT. The Porsche 944 will be deleted from Appendix B of 
49 CFR Part 541, since it was not covered prior to MY 1997 and it has 
not been produced since MY 1991.

[[Page 15392]]

    The agency understands Subaru's reasons for requesting deletion of 
the XT from the list of vehicles subject to the parts-marking 
requirements of the Theft Prevention Standard. However, NHTSA cannot 
delete the Subaru XT from the list because it has been covered by the 
Theft Prevention Standard since MY 1987. Pursuant to 49 U.S.C. 
Sec. 33104(d), a vehicle line on the list of lines subject to parts-
marking cannot be removed from that list unless the manufacturer has 
obtained an exemption from the parts-marking requirement based on the 
installation of a qualified antitheft device as standard equipment on 
the entire line.
    The vehicles 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 and 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 was the subject of a final determination either with section 
33103 or section 33104.
    Similarly, the 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 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 
1997. 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 prior agency actions for MY 
1997, 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 49 CFR Part 541 for MY 1997. 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 Sec. 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.

    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:

    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..........................  Z3,1 3 Car Line, 6 Car Line.             

[[Page 15393]]
                                                                        
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, Chrysler
                                Town & Country,2 Dodge 600, Dodge Aries,
                                Dodge Avenger, Dodge Colt, Dodge        
                                Daytona, Dodge Diplomat, Dodge Lancer,  
                                Dodge Neon, Dodge Ramcharger (MPV),2    
                                Dodge Ram Wagon/Van B-150,2Dodge Shadow,
                                Dodge Spirit,2 Dodge Stratus, Dodge     
                                Stealth, Eagle Summit, Eagle Talon, Jeep
                                Cherokee (MPV),2 Jeep Wrangler (MPV), 2 
                                Plymouth Acclaim,2 Plymouth Caravelle,  
                                Plymouth Colt, Plymouth Laser, Plymouth 
                                Gran Fury, Plymouth Neon, Plymouth      
                                Reliant, Plymouth Sundance, Plymouth    
                                Breeze.                                 
Consulier....................  Consulier GTP.                           
Ferrari......................  Mondial 8, 308, 328.                     
Ford.........................  Aspire,2 Crown Victoria,2 Ford Escort,2  
                                Ford Mustang, Ford Probe, Ford Taurus,2 
                                Ford Tempo,2 Ford Thunderbird, Lincoln  
                                Continental, Lincoln Mark, Mercury      
                                Capri, Mercury Cougar, Mercury Grand    
                                Marquis,2 Mercury Sable,2 Mercury       
                                Tracer,2 Mercury Topaz,2 Merkur Scorpio,
                                Merkur XR4Ti.                           
General Motors...............  Buick Century,2 Buick Electra, Buick     
                                Reatta, Buick Skylark,2 Chevrolet Astro 
                                (MPV),2 Chevrolet Beretta,2 Chevrolet   
                                Caprice,2 Chevrolet Corsica,2 Chevrolet 
                                C-1500 Pickup,2 Chevrolet Lumina APV    
                                (MPV),2 Chevrolet Monte Carlo (MYs 1987-
                                88), Chevrolet Nova, Chevrolet Blazer   
                                (MPV),2 Chevrolet S-10 Pickup,2 GEO     
                                Tracker (MPV),2 GEO Storm, GMC Jimmy    
                                (MPV),2 GMC Safari (MPV),2 GMC Sonoma   
                                Pickup,2 GMC Sierra 1500 Pickup,2       
                                Oldsmobile Achieva,2 Oldsmobile         
                                Bravada,2 Oldsmobile Cutlass Ciera,2    
                                Oldsmobile Cutlass Supreme, Pontiac     
                                Fiero, Pontiac Grand Am,2 Pontiac Grand 
                                Prix, Pontiac Sunfire,2 Saturn Sports   
                                Coupe.                                  
Honda........................  Accord,2 Civic,2 CRV (MPV),2 Passport,2  
                                Prelude,2 Acura Integra,2 TL.           
Hyundia......................  Accent, Excel,2 Scoupe,2 Sonata2.        
Isuzu........................  Impulse, Rodeo,2 Stylus, Trooper/Trooper 
                                II2.                                    
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, 250D-T, 260 E, 300 SE, 300 
                                TD, 300 SDL, 300 SEC/500 SEC, 300 SEL/  
                                500 SEL, 420 SEL, 560 SEL, 560 SEC.     
Mitsubishi...................  Cordia, Eclipse, Mirage, Montero (MPV),2 
                                MPV,2 Pickup,2 Tredia, 3000GT.          
Nissan.......................  240SX,2 Maxima, Pathfinder,2 Sentra,2    
                                Stanza/Altima2.                         
Peugeot......................  405.                                     
Porsche......................  924S.                                    
Subaru.......................  XT, SVX, Legacy.                         
Suzuki.......................  X90 1, Samurai (MPV),2 Sidekick (MPV) 2. 
Toyota.......................  4-Runner (MPV),2 Avalon, Camry, Celica,  
                                Corolla/Corolla Sport, MR,2 RAV4 (MPV),2
                                Starlet, Tercel 2.                      
Volkswagen...................  Audi Quattro, Rabbit, Scirocco.          
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\1\ Lines added for MY 1996.                                            
\1\ Lines added for MY 1997.                                            



    Appendix A-1---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..........................  5 Car Line,\2\ 7 Car Line, 8 Car Line.   
Chrysler.....................  Chrysler Conquest, Imperial.             
General Motors...............  Buick Regal, Buick Riviera, Cadillac     
                                Allante, Chevrolet Cavalier\2\,         
                                Chevrolet Corvette, Chevrolet Lumina/   
                                Monte Carlo, Oldsmobile Aurora,         
                                Oldsmobile Toronado.                    
Honda........................  Acura CLX,\2\ Acura Legend, Acura NS-X,  
                                Acura Vigor.                            
Isuzu........................  Impulse (MYs 1987-1991).                 
Jaguar.......................  XK8 \2\.                                 
Mazda........................  929, RX-7, Millenia, Amati 1000.         
Mercedes-Benz................  124 Car Line (the models within this line
                                are): 300D, 300E, 300CE, 300TE, 400E,   
                                500E; 129 Car Line (the models within   
                                this line are): 300SL, 500SL, 600SL; 202
                                Car Line, C-Class.                      
Mitsubishi...................  Galant, Starion, Diamante.               
Nissan.......................  300ZX, Infiniti M30, Infiniti QX4,\2\    
                                Infiniti Q45, Infiniti J30, Infiniti I. 
Porsche......................  911 928, 968, Boxster \1\                
Saab.........................  900, 9000.                               
Toyota.......................  Supra, Cressida, Lexus ES, Lexus GS,     
                                Lexus LS, Lexus SC.                     
Volkswagen...................  Audi 5000S, Audi 100, Audi 200, Audi A6, 
                                Audi S4, Audi S6, Audi Cabriolet,       
                                Volkswagen Cabrio, Volkswagen Corrado,  
                                Volkswagen Golf/GTI, Volkswagen         
                                Passat,\2\ Volkswagen Jetta/Jetta III.  
------------------------------------------------------------------------
\1\ Exempted in full beginning with MY 1996.                            
\2\ Exempted in full beginning with MY 1997.                            


  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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              Manufacturers                       Subject lines                    Parts to be marked           
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General Motors...........................  Buick LeSabre..............  Engine, Transmission.                   

[[Page 15394]]
                                                                                                                
                                           Buick Park Avenue..........  Engine, Transmission.                   
                                           Cadillac Deville...........  Engine, Transmission.                   
                                           Cadillac Eldorado..........  Engine, Transmission.                   
                                           Cadillac Seville...........  Engine, Transmission.                   
                                           Cadillac Sixty Special \1\.  Engine, Transmission.                   
                                           Oldsmobile 98..............  Engine, Transmission.                   
                                           Pontiac Bonneville.........  Engine, Transmission.                   
                                           Pontiac Firebird...........  Engine, Transmission.                   
                                           Chevrolet Camaro...........  Engine, Transmission.                   
                                           Oldsmobile 88 Royale.......  Engine, Transmission.                   
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\1\ Renamed the Cadillac Concours beginning with MY 1994.                                                       


    Issued on: April 1, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-8358 Filed 4-5-96; 8:45 am]
BILLING CODE 4910-59-P