[Federal Register Volume 62, Number 147 (Thursday, July 31, 1997)]
[Rules and Regulations]
[Pages 40949-40953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20095]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. 97-038; Notice 01]
RIN 2127-AG71


Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
Model Year 1998 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

[[Page 40950]]

(MY) 1998 high-theft vehicle lines that are subject to the parts-
marking requirements of the Federal motor vehicle theft prevention 
standard, and high-theft lines that are exempted from the parts-marking 
requirements because the vehicles are equipped with antitheft devices 
determined to meet certain statutory criteria, for MY 1998, pursuant to 
the statute relating to motor vehicle theft prevention.

EFFECTIVE DATE: The amendment made by this final rule is effective July 
31, 1997.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Motor Vehicle 
Theft Group, Office of Planning 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) 493-2739.

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 49 U.S.C. 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 FR 64164, December 13, 1995.)
    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 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 1998. It also identifies those lines that are 
exempted from the theft prevention standard for the 1998 model year 
because of standard equipment antitheft devices.
    For MY 1998, the agency selected three new vehicle 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 Kia Motors S-II, the 
Subaru Forester (MPV), and the Toyota Sienna (MPV). In addition to 
these three vehicle lines, the list of high-theft vehicle lines 
includes all lines previously selected as high theft and listed for 
prior model years.
    On April 8, 1996, the final listing of high-theft lines for the MY 
1997 vehicle lines was published in the Federal Register (61 FR 15390). 
The final listing identified vehicle lines that were listed for the 
first time and became subject to the theft prevention standard 
beginning with the 1997 model year. However, the agency was 
subsequently informed that several of those lines are no longer being 
manufactured for sale in the United States. Therefore, the following 
vehicle lines have been deleted from Appendix A of this listing: the 
Chrysler Dodge Spirit and Plymouth Acclaim, the Ford Tempo and Mercury 
Topaz, the Hyundai Excel and Scoupe, and the Mitsubishi Pickup.
    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 1998. The two vehicle lines newly 
exempted in full are the General Motors Cadillac Seville and Pontiac 
Sunfire. Furthermore, Appendix A has been amended to reflect a name 
change for the General Motors Oldsmobile Cutlass Supreme. It has been 
renamed the Oldsmobile Intrigue beginning with MY 1998.
    The vehicle 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. 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.
    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 49 U.S.C. 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.
    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

[[Page 40951]]

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 
1998. 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 
1998, 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 1998. 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.

    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                                
------------------------------------------------------------------------
             Manufacturer                        Subject lines          
------------------------------------------------------------------------
Alfa Romeo...........................  Milano 161.                      
                                       164.                             
BMW..................................  Z3.                              
                                       3 Car Line.                      
                                       6Car 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.                
                                       Chrysler Town & Country.\1\      
                                       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).\1\          
                                       Jeep Grand Cherokee (MPV).\1\    
                                       Jeep Wrangler (MPV).\1\          
                                       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.\1\                       
                                       Crown Victoria.\1\               
                                       Ford Escort.\1\                  
                                       Ford Mustang.                    
                                       Ford Probe.                      
                                       Ford Taurus.\1\                  
                                       Ford Thunderbird.                
                                       Lincoln Continental.             
                                       Lincoln Mark.                    
                                       Lincoln Town Car.                
                                       Mercury Capri.                   
                                       Mercury Cougar.                  
                                       Mercury Grand Marquis.\1\        
                                       Mercury Sable.\1\                
                                       Mercury Tracer.\1\               
                                       Merkur Scorpio.                  
                                       Merkur XR4Ti.                    
General Motors.......................  Buick Electra.                   
                                       Buick Reatta.                    
                                       Buick Skylark.\1\                
                                       Chevrolet Astro (MPV).\1\        
                                       Chevrolet Beretta.\1\            
                                       Chevrolet Caprice.\1\            
                                       Chevrolet Corsica.\1\            
                                       Chevrolet Lumina APV (MPV).\1\   
                                       Chevrolet Monte Carlo (MYs 1987- 
                                        88).                            
                                       Chevrolet Nova.                  
                                       Chevrolet Blazer (MPV).\1\       
                                       Chevrolet S-10 Pickup.\1\        
                                       Geo Prizm.\3\                    
                                       Geo Storm.\3\                    
                                       Geo Tracker (MPV).1,3            
                                       GMC Jimmy (MPV).\1\              
                                       GMC Safari (MPV).\1\             
                                       GMC Sonoma Pickup.\1\            
                                       Oldsmobile Achieva.1             
                                       Oldsmobile Bravada.\1\           
                                       Oldsmobile Cutlass Ciera.\1\     
                                       Oldsmobile Cutlass Supreme (MYs  
                                        1988-1997).\2\                  
                                       Oldsmobile Intrigue.             
                                       Pontiac Fiero.                   
                                       Pontiac Grand Am.1               
                                       Pontiac Grand Prix.              
                                       Saturn Sports Coupe.             
Honda................................  Accord.\1\                       
                                       Civic.\1\                        
                                       CRV (MPV).\1\                    
                                       Passport.\1\                     
                                       Prelude.1                        
                                       Acura Integra.\1\                
Hyundai..............................  Accent.                          
                                       Sonata.\1\                       
                                       Tiburon.\1\                      
ISUZU................................  Impulse.                         
                                       Rodeo.\1\                        
                                       Stylus.                          
                                       Trooper/Trooper II.\1\           
JAGUAR...............................  XJ.                              

[[Page 40952]]

                                                                        
                                       XJ-6.                            
                                       XJ-40.                           
 KIA MOTORS..........................  S-II.\2\                         
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.                         
                                       560 SL.                          
MITSUBISHI...........................  Cordia.                          
                                       Eclipse.                         
                                       Mirage.                          
                                       Montero (MPV).\1\                
                                       Montero Sport (MPV).\1\          
                                       Tredia.                          
                                       3000GT.                          
NISSAN...............................  240SX.\1\                        
                                       Maxima.                          
                                       Pathfinder.\1\                   
                                       Sentra.\1\                       
                                       Stanza/Altima.\1\                
PEUGEOT..............................  405.                             
PORSCHE..............................  924S.                            
SUBARU...............................  XT.                              
                                       SVX.                             
                                       Forester (MPV).\2\               
                                       Legacy.                          
SUZUKI...............................  X90.\1\                          
                                       Samurai (MPV).\1\                
                                       Sidekick (MPV).\1\               
TOYOTA...............................  4-Runner (MPV).\1\               
                                       Avalon.                          
                                       Camry.                           
                                       Celica.                          
                                       Corolla/Corolla Sport.           
                                       MR2.                             
                                       RAV4 (MPV).\1\                   
                                       Starlet.                         
                                       Sienna (MPV).\2\                 
                                       Tercel.\1\                       
VOLKSWAGEN...........................  Audi Quattro.                    
                                       Rabbit.                          
                                       Scirocco.                        
------------------------------------------------------------------------
\1\ Lines added for MY 1997.                                            
\2\ Lines added for MY 1998.                                            
\3\ All Geo models will be replaced by the Chevrolet make identifier    
  beginning with MY 1998.                                               


    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..................................  5 Car Line.\1\                   
                                       7 Car Line                       
                                       8 Car Line.                      
Chrysler.............................  Chrysler Conquest.               
                                       Imperial.                        
General Motors.......................  Buick Park Avenue.\1\            
                                       Buick Regal/Century.\1\          
                                       Buick Riviera.                   
                                       Cadillac Allante.                
                                       Cadillac Seville.\2\             
                                       Chevrolet Cavalier.\1\           
                                       Chevrolet Corvette.              
                                       Chevrolet Lumina/Monte Carlo.    
                                       Oldsmobile Aurora.               
                                       Oldsmobile Toronado.             
                                       Pontiac Sunfire.\2\              
Honda................................  Acura CL.\1\                     
                                       Acura Legend (MYs 1987-1996).\3\ 
                                       Acura NS-X.                      
                                       Acura RL.                        
                                       Acura SLX.\1\                    
                                       Acura TL.                        
                                       Acura Vigor (MYs 1992-1995).\4\  
Isuzu................................  Impulse (MYs 1987-1991).         
Jaguar...............................  XK8.\1\                          
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.\1\                 
                                       Infiniti Q45.                    
                                       Infiniti J30.                    
                                       Infiniti I.                      
Porsche..............................  911.                             
                                       928.                             
                                       968.                             
                                       Boxster.                         
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.\1\            
                                       Volkswagen Jetta/Jetta III.      
------------------------------------------------------------------------
\1\ Exempted in full beginning with MY 1997.                            
\2\ Exempted in full beginning with MY 1998.                            
\3\ Renamed the Acura RL beginning with MY 1997.                        
\4\ Replaced by the Acura TL beginning with MY 1996.                    


 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           
----------------------------------------------------------------------------------------------------------------
General Motors..........................  Buick LeSabre..............  Engine, Transmission.                    
                                          Cadillac Deville...........  Engine, Transmission.                    
                                          Cadillac Eldorado..........  Engine, Transmission.                    
                                          Cadillac Sixty Special \1\.  Engine, Transmission.                    
                                          Oldsmobile 98..............  Engine, Transmission.                    
                                          Pontiac Bonneville.........  Engine, Transmission.                    

[[Page 40953]]

                                                                                                                
                                          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: July 23, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-20095 Filed 7-30-97; 8:45 am]
BILLING CODE 4910-59-P