[Federal Register Volume 69, Number 42 (Wednesday, March 3, 2004)]
[Rules and Regulations]
[Pages 9964-9969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4772]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-04-17071]
RIN 2127-AJ28


Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
Model Year 2005 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) 2005 high-theft vehicle lines that are subject to the parts-
marking requirements of the Federal motor vehicle theft prevention 
standard, and high-theft MY 2005 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 
March 3, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer 
Standards Division, Office of International Policy, Fuel Economy 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 partsmarking 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 not more than one-half of the lines not 
designated under 49 U.S.C. 33104 as high-theft lines.'' NHTSA lists 
each of the selected lines not designated under 49 U.S.C. 33104 as 
high-theft 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 in Appendix A to part 541. It also 
identifies in Appendix A-I to part 541 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 2, 2003, the final listing of high-theft lines for the MY 
2004 vehicle lines was published in the Federal Register (68 FR 39471). 
The final listing identified two vehicle lines, the Toyota Scion xA and 
Scion xB that were listed for the first time and became subject to the 
theft prevention standard beginning with the 2004 model year.
    For MY 2005, there were no new vehicle lines identified as likely 
to be high-theft lines, in accordance with the procedures published in 
49 CFR part 542.
    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.

[[Page 9965]]

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 a high-theft line newly 
exempted in full beginning with MY 2005. The vehicle line newly 
exempted in full is the DaimlerChrysler Corporation's (DaimlerChrysler) 
Town and Country MPV. The agency granted DaimlerChrysler's petition for 
an exemption of its Town and Country MPV from the parts-marking 
requirements of the Federal Motor Vehicle Theft Prevention Standard 
beginning with the 2005 model year (68 FR 46676, August 6, 2003). 
Subsequent to publishing the 2004 final rule, the agency granted BMW of 
North America, Inc.'s petition for an exemption of its Carline 6 from 
the parts-marking requirements beginning with the 2004 model year (68 
FR 69127, December 11, 2003). Accordingly, the listing has been amended 
to reflect that two lines previously designated as high-theft lines 
have been deleted from Appendix A and added to Appendix A-I. 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 
2005. 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 2005 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 2005. 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.

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 AI are revised. Appendices A and AI 
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
                                         Z8

[[Page 9966]]

 
CONSULIER..............................  Consulier GTP
DAEWOO.................................  Korando
                                         Musso (MPV)
                                         Nubira (2000-2002)
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
                                         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
                                         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 Nova
                                         Chevrolet Blazer (MPV)
                                         Chevrolet Prizm
                                         Chevrolet S-10 Pickup
                                         Geo Storm
                                         Chevrolet Tracker (MPV)
                                         GMC Jimmy (MPV)
                                         GMC Sonoma Pickup
                                         Oldsmobile Achieva (1997-1998)
                                         Oldsmobile Bravada
                                         Oldsmobile Cutlass
                                         Oldsmobile Cutlass Supreme
                                          (1988-1997)
                                         Oldsmobile Intrigue
                                         Pontiac Fiero
                                         Saturn Sports Coupe (1991-2002)
HONDA..................................  Accord
                                         CRV (MPV)
                                         Odyssey (MPV)
                                         Passport
                                         Pilot (MPV)
                                         Prelude
                                         S2000
                                         Acura Integra

[[Page 9967]]

 
                                         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 (1987-2002)
                                         MX-3
                                         MX-5 Miata
                                         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)
                                         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 Outback (1995-2004)
SUZUKI.................................  Aerio
                                         X90 (MPV)
                                         Sidekick (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

[[Page 9968]]

 
                                         Lexus LX470 (MPV)
                                         Lexus RX300 (MPV)
                                         Scion xA
                                         Scion xB
VOLKSWAGEN.............................  Audi Quattro
                                         Volkswagen Scirocco
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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
                                         X5
                                         Z4
                                         3 Car Line
                                         5 Car Line
                                         6 Car Line \1\
                                         7 Car Line
                                         8 Car Line
DAIMLERCHRYSLER........................  Jeep Grand Cherokee
                                         Chrysler Conquest
                                         Chrysler Imperial
                                         Chrysler Town and Country MPV
                                          \2\
FORD...................................  Lincoln Town Car
                                         Mustang
                                         Mercury Sable (2001-2004)
                                         Mercury Grand Marquis
                                         Taurus (2000-2004)
GENERAL MOTORS.........................  Buick LeSabre
                                         Buick Park Avenue
                                         Buick Regal/Century
                                         Buick Riviera
                                         Cadillac Allante
                                         Cadillac Deville
                                         Cadillac Seville
                                         Chevrolet Cavalier
                                         Chevrolet Classic \3\
                                         Chevrolet Corvette
                                         Chevrolet Impala/Monte Carlo
                                         Chevrolet Lumina/Monte Carlo
                                          (1996-1999)
                                         Chevrolet Malibu (2001-2003)
                                         Chevrolet Venture
                                         Oldsmobile Alero
                                         Oldsmobile Aurora
                                         Oldsmobile Toronado
                                         Pontiac Bonneville
                                         Pontiac Grand Am
                                         Pontiac Grand Prix
                                         Pontiac Sunfire
HONDA..................................  Acura CL
                                         Acura Legend (1991-1996)
                                         Acura NSX
                                         Acura RL
                                         Acura SLX
                                         Acura TL
                                         Acura Vigor (1992-1995)
ISUZU..................................  Axiom
                                         Impulse (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 (1993-2002)--the
                                          models within this line are:

[[Page 9969]]

 
                                         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
                                         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
------------------------------------------------------------------------
\1\ Line exempted in full beginning with MY 2004.
\2\ Line exempted in full beginning with MY 2005.
\3\ The Chevrolet Malibu (produced from MY 1997-2003) was renamed the
  Chevrolet Classic beginning with MY 2004.


    Issued on: February 24, 2004.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 04-4772 Filed 3-2-04; 8:45 am]
BILLING CODE 4910-59-P