[Federal Register Volume 68, Number 127 (Wednesday, July 2, 2003)]
[Rules and Regulations]
[Pages 39471-39477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16708]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-03-14450]
RIN 2127-AI99


Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
Model Year 2004 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) 2004 high-theft vehicle lines that are subject to the parts-
marking requirements of the Federal motor vehicle theft prevention 
standard, and high-theft MY 2004 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 
2, 2003.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer 
Standards Division, Office of Planning and Consumer Standards, 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

[[Page 39472]]

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) is 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 July 1, 2002, the final listing of high-theft lines for the MY 
2003 vehicle lines was published in the Federal Register (67 FR 44085). 
The final listing identified five vehicle lines that were listed for 
the first time and became subject to the theft prevention standard 
beginning with the 2003 model year.
    For MY 2004, the agency identified two 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 Toyota Scion xA and 
the Scion xB. In addition to these two vehicle lines, the list of high-
theft vehicle lines includes all lines previously designated as high-
theft and listed for prior model years. Accordingly, appendix A has 
also been amended to reflect these changes.
    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 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 2004. The two vehicle lines newly 
exempted in full are the DaimlerChrysler Jeep Grand Cherokee and the 
Nissan Infiniti M45. Additionally, the agency erroneously omitted the 
Ford Motor Company's (Ford) Lincoln Town Car from Appendix A-I of the 
MY 2003 final rule. The agency granted Ford's petition for an exemption 
of its Lincoln Town Car from the parts-marking requirements of the 
Federal Motor Vehicle Theft Prevention Standard beginning with the 2003 
model year (67 FR 35189, May 17, 2002). Accordingly, appendix A-I has 
been amended to reflect these changes. 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,

[[Page 39473]]

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 2004. 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 2004 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 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 2004. 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.

0
In consideration of the foregoing, 49 CFR part 541 is amended as 
follows:

PART 541--[AMENDED]

0
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.

0
2. In part 541, appendices A and A-I are revised. 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
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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 Liberty (MPV)
                                     Jeep Wrangler (MPV)
                                     Plymouth Caravelle
                                     Plymouth Colt
                                     Plymouth Laser
                                     Plymouth Gran Fury

[[Page 39474]]

 
                                     Plymouth Neon
                                     Plymouth Reliant
                                     Plymouth Sundance
                                     Plymouth Breeze
FERRARI............................  Mondial 8
                                     328
FORD...............................  Ford Aspire
                                     Ford Escort
                                     Ford Probe
                                     Ford Thunderbird
                                     Lincoln Continental
                                     Lincoln Mark
                                     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
HONDA..............................  Accord
                                     CRV (MPV)
                                     Odyssey (MPV)
                                     Passport
                                     Pilot (MPV)
                                     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
MERCEDES-BENZ......................  190 D
                                     190 E
                                     260E (1987-1989)
                                     300 SE (1988-1991)

[[Page 39475]]

 
                                     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
PEUGEOT............................  405
PORSCHE............................  924S
SUBARU.............................  XT
                                     SVX
                                     Baja
                                     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)
                                     Toyota MR2
                                     Toyota MR2 Spyder
                                     Toyota Prius
                                     Toyota RAV4 (MPV)
                                     Toyota Sienna (MPV)
                                     Toyota Tercel
                                     Lexus IS300
                                     Lexus LX470 (MPV)
                                     Lexus RX300 (MPV)
                                     Scion xA \1\
                                     Scion xB \1\
VOLKSWAGEN.........................  Audi Quattro
                                     Volkswagen Scirocco
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\1\ Lines added for MY 2004.

 ?Appendix A-1--High-Theft Lines With Antitheft Devices 
Which Are Exempted From the Parts-Marking Requirement of This Standard 
Pursuant to 49 CFR Part 543

 
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             Manufacturer                                            Subject lines
----------------------------------------------------------------------------------------------------------------
AUSTIN ROVER.........................  Sterling
BMW..................................  MINI
                                       X5
                                       Z4 \2\
                                       3 Car Line
                                       5 Car Line
                                       7 Car Line
                                       8 Car Line
DAIMLERCHRYSLER......................  Jeep Grand Cherokee \1\
                                       Chrysler Conquest
                                       Chrysler Imperial

[[Page 39476]]

 
FORD.................................  Lincoln Town Car \2\
                                       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
                                       Oldsmobie Aurora
                                       Oldsmobile Toronado
                                       Pontiac Bonneville
                                       Pontiac Grand Am
                                       Pontiac Grand Prix
                                       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
                                       Impulse (MYs 1987-1991)
JAGUAR...............................  XK
MAZDA................................  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
NISSAN...............................  Nissan Altima
                                       Nissan Maxima
                                       Nissan Pathfinder
                                       Nissan 300ZX
                                       Infiniti G35
                                       Infiniti I30
                                       Infiniti J30
                                       Infiniti M30
                                       Infiniti M45 \1\

[[Page 39477]]

 
                                       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 2004.
\2\ Lines exempted in full beginning with MY 2003.


    Issued on: June 26, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-16708 Filed 7-1-03; 8:45 am]
BILLING CODE 4910-59-P