[Federal Register Volume 67, Number 126 (Monday, July 1, 2002)]
[Rules and Regulations]
[Pages 44085-44091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16472]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2002-12497]
RIN 2127-A174


Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
Model Year 2003 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) 2003 high-theft vehicle lines that are subject to the parts-
marking requirements of the Federal motor vehicle theft prevention 
standard, and high-theft MY 2003 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 July 
1, 2002.

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

[[Page 44086]]

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 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 August 3, 2001, the final listing of high-theft lines for the MY 
2002 vehicle lines was published in the Federal Register (66 FR 40622). 
The final listing identified four vehicle lines that were listed for 
the first time and became subject to the theft prevention standard 
beginning with the 2002 model year.
    For MY 2003, the agency identified five 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 Pilot, the 
Nissan Infiniti M45, the Subaru Baja, the Toyota Lexus GX 470 and the 
Toyota Matrix. The agency was also informed by General Motors that its 
Saturn SC vehicle line has been renamed the Saturn ION vehicle line 
beginning with the 2003 model year. In addition to these five 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 2002 final rule, the agency was 
informed by DaimlerChrysler, Inc., (Daimler/Chrysler) that its Jeep 
Cherokee vehicle line was replaced by the Jeep Liberty vehicle line 
beginning with the 2002 model year. 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 2003. The five vehicle lines newly 
exempted in full are the BMW (confidential nameplate) vehicle line 
which replaces its Z3 vehicle line, the General Motors Pontiac Grand 
Prix, the Isuzu Axiom, the Nissan Infiniti G35 and the Mazda 6 vehicle 
line. 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 
2003. 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 2003 that the 
agency has already taken, a full regulatory evaluation has not been 
prepared.

[[Page 44087]]

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 already subject to the 
requirements of 49 CFR part 541 for MY 2003. 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 and A-I, 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
                                           164
BMW......................................  Z3
                                           Z8
                                           6 Car Line
Consulier................................  Consulier GTP
Daewoo...................................  Korando
                                           Musso (MPV)
                                           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 Liberty (MPV) \1\
                                           Jeep Wrangler (MPV)
                                           Plymouth Caravelle
                                           Plymouth Colt
                                           Plymouth Laser
                                           Plymouth Gran Fury
                                           Plymouth Neon
                                           Plymouth Reliant
                                           Plymouth Sundance
                                           Plymouth Breeze
Ferrari..................................  Mondial 8
                                           328

[[Page 44088]]

 
Ford.....................................  Ford Aspire
                                           Ford Escort
                                           Ford Probe
                                           Ford Thunderbird
                                           Lincoln Continental
                                           Lincoln Mark
                                           Lincoln Town Car
                                           Mercury Capri
                                           Mercury Cougar
                                           Merkur Scorpio
                                           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
                                           Saturn Sports Coupe \2\
                                           Saturn ION
Honda....................................  Accord
                                           CRV (MPV)
                                           Odyssey (MPV)
                                           Passport
                                           Pilot (MPV) \3\
                                           Prelude
                                           S2000
                                           Acura Integra
                                           Acura MDX (MPV)
                                           Acura RSX
Hyundai..................................  Accent
                                           Sonata
                                           Tiburon
Isuzu....................................  Amigo
                                           Impulse
                                           Rodeo
                                           Rodeo Sport
                                           Stylus
                                           Trooper/Trooper II
                                           VehiCross (MPV)
Jaguar...................................  XJ
Kia Motors...............................  Optima
                                           Rio
                                           Sephia (1998-2002)
                                           Spectra
Lotus....................................  Elan
Maserati.................................  Biturbo
                                           Quattroporte 228
Mazda....................................  626
                                           MX-3
                                           MX-5 Miata
                                           MX-6

[[Page 44089]]

 
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)
                                           560 SL
Mitsubishi...............................  Cordia
                                           Eclipse
                                           Lancer
                                           Mirage
                                           Montero
                                           (MPV)
                                           Montero Sport (MPV)
                                           Tredia
                                           3000GT
Nissan...................................  240SX
                                           Sentra/200SX
                                           Xterra
                                           Infiniti M45 \3\
Peugeot..................................  405
Porsche..................................  924S
Subaru...................................  XT
                                           SVX
                                           Baja \3\
                                           Forester
                                           Legacy
Suzuki...................................  Aerio X90 (MPV)
                                           Sidekick (MYs 1997-1998)
                                           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 Matrix (MPV) \3\
                                           Toyota MR2
                                           Toyota MR2 Spyder
                                           Toyota Prius
                                           Toyota RAV4 (MPV)
                                           Toyota Sienna (MPV)
                                           Toyota Tercel
                                           Lexus GX470 (MPV) \3\
                                           Lexus IS300
                                           Lexus RX300 (MPV)
Volkswagen...............................  Audi Quattro
                                           Volkswagen Scirocco
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\1\ Replaced the Jeep Cherokee in MY 2002.
\2\ Renamed the Saturn ION beginning with MY 2003.
\3\ Lines added for MY 2003.


   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
BMW...................................  MINI
                                        X5
                                        (confidential nameplate) \1\
                                        3 Car Line
                                        5 Car Line
                                        7 Car Line
                                        8 Car Line

[[Page 44090]]

 
Daimlerchrysler.......................  Chrysler Conquest
                                        Chrysler Imperial
Ford..................................  Mustang
                                        Mercury Sable
                                        Mercury Grand Marquis
                                        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
                                        Oldsmobile Alero
                                        Oldsmobile Aurora
                                        Oldsmobile Toronado
                                        Pontiac Bonneville
                                        Pontiac Grand Am
                                        Pontiac Grand Prix \1\
                                        Pontiac Sunfire
Honda.................................  Acura CL
                                        Acura Legend (MYs 1991-1996)
                                        Acura NSX
                                        Acura RL
                                        Acura SLX
                                        Acura TL
                                        Acura Vigor (MYs 1992-1995)
Isuzu.................................  Axiom.\1\
                                        Impulse (MYs 1987-1991)
Jaguar................................  XK
Mazda \1\.............................  6
                                        929
                                        RX-7
                                        Millenia
Mercedes-BENZ.........................  124 Car Line (the models within this line are):
                                        260E
                                        300D
                                        300E
                                        300CE
                                        300TE
                                        400E
                                        500E
                                        129 Car Line (the models within this line are):
                                        300SL
                                        500SL
                                        600SL
                                        SL320
                                        SL500
                                        SL600
                                        202 Car Line (the models within this line are):
                                        C220
                                        C230
                                        C280
                                        C36
                                        C43
Mitsubishi............................  Galant
                                        Starion
                                        Diamante

[[Page 44091]]

 
Nissan................................  Nissan Altima
                                        Nissan Maxima
                                        Nissan Pathfinder
                                        Nissan 300ZX
                                        Infiniti G35 \1\
                                        Infiniti I30
                                        Infiniti J30
                                        Infiniti M30
                                        Infiniti QX4
                                        Infiniti Q45
Porsche...............................  911
                                        928
                                        968
                                        986 Boxster
Saab..................................  9-3
                                        900 (1994-1998)
                                        9000 (1989-1998)
Toyota................................  Toyota Supra
                                        Toyota Cressida
                                        Lexus ES
                                        Lexus GS
                                        Lexus LS
                                        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
                                        Volkswagen Passat
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\1\ Lines exempted in full beginning with MY 2003.


    Issued on: June 26, 2002.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 02-16472 Filed 6-28-02; 8:45 am]
BILLING CODE 4910-59-P