[Federal Register Volume 66, Number 150 (Friday, August 3, 2001)]
[Rules and Regulations]
[Pages 40622-40625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19468]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2001-9831]
RIN 2127-AI08


Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
Model Year 2002 High-Theft Vehicle Lines

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

ACTION: Final rule.

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SUMMARY: This final rule announces NHTSA's determination for model year 
(MY) 2002 high-theft vehicle lines that are subject to the parts-
marking requirements of the Federal motor vehicle theft prevention 
standard, and high-theft MY 2002 lines that are exempted from the 
parts-marking requirements because the vehicles are equipped with 
antitheft devices determined to meet certain statutory criteria 
pursuant to the statute relating to motor vehicle theft prevention.

EFFECTIVE DATE: The amendment made by this final rule is effective 
August 3, 2001.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer 
Programs Division, 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) 493-2290.

SUPPLEMENTARY INFORMATION: The Anti Car Theft Act of 1992, Pub. L. 102-
519, amended the law relating to the parts-marking of major component 
parts on designated high-theft vehicle lines and other motor vehicles. 
The Anti Car Theft Act amended the definition of ``passenger motor 
vehicle'' in 49 U.S.C. 33101(10) to include a ``multipurpose passenger 
vehicle or light duty truck when that vehicle or truck is rated at not 
more than 6,000 pounds gross vehicle weight.'' Since ``passenger motor 
vehicle'' was previously defined to include passenger cars only, the 
effect of the Anti Car Theft Act is that certain multipurpose passenger 
vehicle (MPV) and light-duty truck (LDT) lines may be determined to be 
high-theft vehicles subject to the Federal motor vehicle theft 
prevention standard (49 CFR part 541).
    The purpose of the theft prevention standard is to reduce the 
incidence of motor vehicle theft by facilitating the tracing and 
recovery of parts from stolen vehicles. The standard seeks to 
facilitate such tracing by requiring that vehicle identification 
numbers (VINs), VIN derivative numbers, or other symbols be placed on 
major component vehicle parts. The theft prevention standard requires 
motor vehicle manufacturers to inscribe or affix VINs onto covered 
original equipment major component parts, and to inscribe or affix a 
symbol identifying the manufacturer and a common symbol identifying the 
replacement component parts for those original equipment parts, on all 
vehicle lines selected as high-theft.
    The Anti Car Theft Act also amended 49 U.S.C. 33103 to require 
NHTSA to promulgate a parts-marking standard applicable to major parts 
installed by manufacturers of ``passenger motor vehicles (other than 
light duty trucks) in

[[Page 40623]]

not to exceed one-half of the lines not designated under 49 U.S.C. 
33104 as high-theft lines.'' Section 33103(a) further directed NHTSA to 
select only lines not designated under Sec. 33104 of this title as high 
theft lines. NHTSA lists each of these selected lines in appendix B to 
part 541. Since Sec. 33103 did not specify marking of replacement parts 
for below-median lines, the agency does not require marking of 
replacement parts for these lines. NHTSA published a final rule 
amending 49 CFR part 541 to include the definitions of MPV and LDT, and 
major component parts. See 59 FR 64164, (December 13, 1994).
    49 U.S.C. 33104(a)(3) specifies that NHTSA shall select high-theft 
vehicle lines, with the agreement of the manufacturer, if possible. 
Section 33104(d) provides that once a line has been designated as 
likely high-theft, it remains subject to the theft prevention standard 
unless that line is exempted under Sec. 33106. Section 33106 provides 
that a manufacturer may petition to have a high-theft line exempted 
from the requirements of Sec. 33104, if the line is equipped with an 
antitheft device as standard equipment. The exemption is granted if 
NHTSA determines that the antitheft device is likely to be as effective 
as compliance with the theft prevention standard in reducing and 
deterring motor vehicle thefts.
    The agency annually publishes the names of the lines which were 
previously listed as high-theft, and the lines which are being listed 
for the first time and will be subject to the theft prevention standard 
beginning in a given model year. It also identifies those lines that 
are exempted from the theft prevention standard for a given model year 
under Sec. 33104. Additionally, this listing identifies those lines 
(except light-duty trucks) in appendix B to part 541 that have theft 
rates below the 1990/1991 median theft rate but are subject to the 
requirements of this standard under Sec. 33103.
    On May 26, 2000, the final listing of high-theft lines for the MY 
2001 vehicle lines was published in the Federal Register (65 FR 34106). 
The final listing identified eight vehicle lines that were listed for 
the first time and became subject to the theft prevention standard 
beginning with the 2001 model year.
    For MY 2002, the agency identified four new vehicle lines that are 
likely to be high-theft lines, in accordance with the procedures 
published in 49 CFR part 542. The new lines are the Honda Acura RSX, 
the Isuzu Axiom (MPV), the Suzuki Aerio, and the Mitsubishi Lancer. In 
addition to these four vehicle lines, the list of high-theft vehicle 
lines includes all lines previously designated as high-theft and listed 
for prior model years.
    Subsequent to publishing the MY 2001 final rule, the agency was 
informed by Hyundai America Technical Center, Inc., (Hyundai) that its 
MY 1998 high-theft line, previously codenamed the S-II line should be 
identified in the Appendix A listing as a reintroduction of the Kia 
Sephia line. Hyundai also informed the agency that because the MY 2000 
Kia Spectra is built on the same platform as its sister line, the Kia 
Sephia, it believed the Spectra line would likely be a high-theft 
vehicle and has been parts-marking the line since its introduction. The 
agency agrees with Hyundai's evaluation of the Kia Spectra line as a 
high-theft vehicle. Therefore, the MY 2000 Kia Spectra line should be 
subject to the parts-marking requirements of the Theft Prevention 
Standard and Hyundai should continue parts-marking the line. 
Additionally, the BMW Z8 and Toyota Prius vehicle lines were 
erroneously omitted from the Appendix A listing for the MY 2000 and 
2001 respectively. Accordingly, Appendix A has also been amended to 
reflect these changes.
    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 2002. The three vehicle lines newly 
exempted in full are the BMW MINI line, the Ford Mercury Grand Marquis 
and the General Motors Chevrolet Venture.
    Additionally, since the agency granted the Ford Motor Company an 
exemption from the parts-marking requirements for its Mercury Grand 
Marquis line, it has been deleted from Appendix B.
    The vehicle lines listed as being subject to the parts-marking 
standard have previously been designated as high-theft lines in 
accordance with the procedures set forth in 49 CFR part 542. Under 
these procedures, manufacturers evaluate new vehicle lines to conclude 
whether those new lines are likely to be high theft. The manufacturer 
submits these evaluations and conclusions to the agency, which makes an 
independent evaluation; and, on a preliminary basis, determines whether 
the new line should be subject to the parts-marking requirements. NHTSA 
informs the manufacturer in writing of its evaluations and 
determinations, together with the factual information considered by the 
agency in making them. The manufacturer may request the agency to 
reconsider the preliminary determinations. Within 60 days of the 
receipt of these requests, the agency makes its final determination. 
NHTSA informs the manufacturer by letter of these determinations and 
its response to the request for reconsideration. If there is no request 
for reconsideration, the agency's determination becomes final 45 days 
after sending the letter with the preliminary determination. Each of 
the new lines on the high-theft list has been the subject of a final 
determination under either 49 U.S.C. 33103 or 33104.
    The vehicle lines listed as being exempt from the standard have 
previously been exempted in accordance with the procedures of 49 CFR 
part 543 and 49 U.S.C. 33106.
    Similarly, the low-theft lines listed as being subject to the 
parts-marking standard have previously been designated in accordance 
with the procedures set forth in 49 U.S.C. 33103.
    Therefore, NHTSA finds for good cause that notice and opportunity 
for comment on these listings are unnecessary. Further, public comment 
on the listing of selections and exemptions is not contemplated by 49 
U.S.C. chapter 331.
    For the same reasons, since this revised listing only informs the 
public of previous agency actions and does not impose additional 
obligations on any party, NHTSA finds for good cause that the amendment 
made by this notice should be effective as soon as it is published in 
the Federal Register.

Regulatory Impacts

1. Costs and Other Impacts

    NHTSA has analyzed this rule and determined that it is not 
``significant'' within the meaning of the Department of 
Transportation's regulatory policies and procedures. The agency has 
also considered this notice under Executive Order 12866. As already 
noted, the selections in this final rule have previously been made in 
accordance with the provisions of 49 U.S.C. 33104, and the 
manufacturers of the selected lines have already been informed that 
those lines are subject to the requirements of 49 CFR part 541 for MY 
2002. Further, this listing does not actually exempt lines from the 
requirements of 49 CFR part 541; it only informs the general public of 
all such previously granted exemptions. Since the only purpose of this 
final listing is to inform the public of actions for MY 2002 that the 
agency has already taken, a full regulatory evaluation has not been 
prepared.

2. Regulatory Flexibility Act

    The agency has also considered the effects of this listing under 
the Regulatory Flexibility Act. I hereby

[[Page 40624]]

certify that this rule will not have a significant economic impact on a 
substantial number of small entities. As noted above, the effect of 
this final rule is simply to inform the public of those lines that are 
already subject to the requirements of 49 CFR part 541 for MY 2002. 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, A-II, and B 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
------------------------------------------------------------------------
Alfa Romeo........................  Milano 161, and 164.
BMW...............................  Z3, Z8,\1\ and 6 Car Line.
Consulier.........................  Consulier GTP
Daewoo............................  Korando, Musso (MPV), and Nubira.
DaimlerChrysler...................  Chrysler Cirrus, Chrysler Fifth
                                     Avenue/Newport, Chrysler Laser,
                                     Chrysler LeBaron/Town & Country,
                                     Chrysler LeBaron GTS, Chrysler's
                                     TC, Chrysler New Yorker Fifth
                                     Avenue, Chrysler Sebring, Chrysler
                                     Town & Country, Dodge 600, Dodge
                                     Aries, Dodge Avenger, Dodge Colt,
                                     Dodge Daytona, Dodge Diplomat,
                                     Dodge Lancer, Dodge Neon, Dodge
                                     Shadow, Dodge Stratus, Dodge
                                     Stealth, Eagle Summit, Eagle Talon,
                                     Jeep Cherokee (MPV), Jeep Grand
                                     Cherokee (MPV), Jeep Wrangler
                                     (MPV), Plymouth Caravelle, Plymouth
                                     Colt, Plymouth Laser, Plymouth Gran
                                     Fury, Plymouth Neon, Plymouth
                                     Reliant, Plymouth Sundance, and
                                     Plymouth Breeze.
Ferrari...........................  Mondial 8, and 328.
Ford..............................  Ford Aspire, Ford Escort, Ford
                                     Probe, Ford Thunderbird, Lincoln
                                     Continental, Lincoln Mark, Lincoln
                                     Town Car, Mercury Capri, Mercury
                                     Cougar, Merkur Scorpio, and Merkur
                                     XR4Ti.
General Motors....................  Buick Electra, Buick Reatta, Buick
                                     Skylark, Chevrolet Malibu,
                                     Chevrolet Nova, Chevrolet Blazer
                                     (MPV), Chevrolet Prizm, Chevrolet S-
                                     10 Pickup, Geo Storm, Chevrolet
                                     Tracker (MPV), GMC Jimmy (MPV), GMC
                                     Sonoma Pickup, Oldsmobile Achieva
                                     (MYs 1997-1998), Oldsmobile
                                     Bravada, Oldsmobile Cutlass,
                                     Oldsmobile Cutlass Supreme (MYs
                                     1988-1997), Oldsmobile Intrigue,
                                     Pontiac Fiero, Pontiac Grand Prix,
                                     and Saturn Sports Coupe.
Honda.............................  Accord, CRV (MPV), Odyssey (MPV),
                                     Passport, Prelude, S2000, Acura
                                     Integra, Acura MDX (MPV), and Acura
                                     RSX \2\.
Hyundai...........................  Accent, Sonata, and Tiburon.
Isuzu.............................  Amigo, Axiom 2, Impulse, Rodeo,
                                     Rodeo Sport, Stylus, Trooper/
                                     Trooper II, and VehiCross (MPV).
Jaguar............................  XJ.
Kia Motors........................  Optima, Rio, Sephia (1998-2002) \3\,
                                     and Spectra \1\.
Lotus.............................  Elan.
Maserati..........................  Biturbo, Quattroporte and 228.
Mazda.............................  626, MX-3, MX-5 Miata, and MX-6.
Mercedes-Benz.....................  190 D, 190 E, 260E (1987-1989), 300
                                     SE (1988-1991), 300 TD (1987), 300
                                     SDL (1987), 300 SEL 350 SDL (1990-
                                     1991), 420 SEL (1987-1991), 560 SEL
                                     (1987-1991), 560 SEC (1987-1991),
                                     and 560 SL.
Mitsubishi........................  Cordia, Eclipse, Lancer \2\, Mirage,
                                     Montero (MPV), Montero Sport (MPV),
                                     Tredia, and 3000GT.
Nissan............................  240SX, Sentra/200SX, and Xterra.
Peugeot...........................  405.
Porsche...........................  924S.
Subaru............................  XT, SVX, Forester, and Legacy.
Suzuki............................  Aerio \2\, X90 (MPV), Sidekick (MYs
                                     1997-1998), and Vitara/Grand Vitara
                                     (MPV).
Toyota............................  Toyota 4-Runner (MPV), Toyota
                                     Avalon, Toyota Camry, Toyota
                                     Celica, Toyota Corolla/Corolla
                                     Sport, Toyota Echo, Toyota
                                     Highlander (MPV), Toyota MR2,
                                     Toyota MR2 Spyder, Toyota Prius
                                     \4\, Toyota RAV4 (MPV), Toyota
                                     Sienna (MPV), Toyota Tercel, Lexus
                                     IS300, and Lexus RX300 (MPV).
Volkswagen........................  Audi Quattro, and Volkswagen
                                     Scirocco.
------------------------------------------------------------------------
\1\ Line added for MY 2000.
\2\ Line added for MY 2002.
\3\ Line added for MY 1998.
\4\ Line added for MY 2001.


[[Page 40625]]


    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...............................  MINI \1\ and X5, 3 Car Line, 5 Car
                                     Line, 7 Car Line, and 8 Car Line.
Daimler Chrysler..................  Chrysler Conquest, and Chrysler
                                     Imperial.
Ford..............................  Mustang, Mercury Sable, Mercury
                                     Grand Marquis,\1\ and Taurus.
General Motors....................  Buick LeSabre, Buick Park Avenue,
                                     Buick Regal/Century, Buick Riviera,
                                     Cadillac Allante, Cadillac Deville,
                                     Cadillac Seville, Chevrolet
                                     Cavalier, Chevrolet Corvette,
                                     Chevrolet Impala/Monte Carlo,
                                     Chevrolet Lumina/Monte Carlo (MYs
                                     1996-1999), Chevrolet Malibu,
                                     Chevrolet Venture,\1\ Oldsmobile
                                     Alero, Oldsmobile Aurora,
                                     Oldsmobile Toronado, Pontiac
                                     Bonneville, Pontiac Grand Am, and
                                     Pontiac Sunfire.
Honda.............................  Acura CL, Acura Legend (MYs 1991-
                                     1996), Acura NSX, Acura RL, Acura
                                     SLX, Acura TL, and Acura Vigor (MYs
                                     1992-1995).
Isuzu.............................  Impulse (MYs 1987-1991).
Jaguar............................  XK.
Mazda.............................  929, RX-7, and Millenia.
Mercedes-Benz.....................  124 Car Line (the models within this
                                     line are): 260E, 300D, 300E, 300CE,
                                     300TE, 400E, and 500E.
                                    129 Car Line (the models within this
                                     line are): 300SL, 500SL, 600SL,
                                     SL320, SL500, and SL600.
                                    202 Car Line (the models within this
                                     line are): C220, C230, C280, C36,
                                     and C43.
Mitsubishi........................  Galant, Starion, and Diamante.
Nissan............................  Nissan Altima, Nissan Maxima, Nissan
                                     Pathfinder, Nissan 300ZX, Infiniti
                                     I30, Infiniti J30, Infiniti M30,
                                     Infiniti QX4, and Infiniti Q45.
Porsche...........................  911, 928, 968, and 986 Boxster.
Saab..............................  9-3, 900 (1994-1998)\2\, and 9000
                                     (1989-1998)\3\.
Toyota............................  Toyota Supra, Toyota Cressida, Lexus
                                     ES, Lexus GS, Lexus LS, and Lexus
                                     SC.
Volkswagen........................  Audi 5000S Audi 100/A6, Audi 200/S4/
                                     S6, Audi Allroad Quattro (MPV),
                                     Audi Cabriolet, Volkswagen Cabrio,
                                     Volkswagen Corrado, Volkswagen Golf/
                                     GTI, Volkswagen Jetta/Jetta III,
                                     and Volkswagen Passat.
------------------------------------------------------------------------
\1\ Lines exempted in full beginning with MY 2002.
\2\ Replaced by the 9-3 in MY 1999.
\3\ Replaced by the 9-5 in MY 1999.


 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.........................  Cadillac Eldorado.............  Engine, Transmission.
                                         Cadillac Concours.............  Engine, Transmission.
                                         Oldsmobile Ninety-Eight.......  Engine, Transmission.
                                         Pontiac Firebird..............  Engine, Transmission.
                                         Chevrolet Camaro..............  Engine, Transmission.
                                         Oldsmobile Eighty-Eight.......  Engine, Transmission.
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 Appendix B.--Passenger Motor Vehicle Lines (Except Light-Duty Trucks) With Theft Rates Below the 1990/91 Median
                            Theft Rate, Subject to the Requirements of This Standard
----------------------------------------------------------------------------------------------------------------
                        Manufacturer                                            Subject lines
----------------------------------------------------------------------------------------------------------------
Ford.......................................................  Crown Victoria.
General Motors.............................................  Chevrolet Astro (MPV).
                                                             GMC Safari (MPV).
Honda......................................................  Civic.
----------------------------------------------------------------------------------------------------------------


    Issued on: July 30, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-19468 Filed 8-2-01; 8:45 am]
BILLING CODE 4910-59-P