[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Rules and Regulations]
[Pages 20481-20484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7813]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2005-20462]
RIN 2127-AJ52


Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
Model Year 2006 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) 2006 high-theft vehicle lines that are subject to the parts-
marking requirements of the Federal motor vehicle theft prevention 
standard, and high-theft MY 2006 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.

DATES: Effective Date: The amendment made by this final rule is 
effective April 20, 2005.

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 section 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

[[Page 20482]]

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 section 33106. Section 33106 
provides that a manufacturer may petition to have a high-theft line 
exempted from the requirements of section 33104, if the line is 
equipped with an antitheft device as standard equipment. The exemption 
is granted if NHTSA determines that the antitheft device is likely to 
be as effective as compliance with the theft prevention standard in 
reducing and deterring motor vehicle thefts.
    The agency annually publishes the names of the lines which were 
previously listed as high-theft, and the lines which are being listed 
for the first time and will be subject to the theft prevention standard 
beginning 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 section 
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 section 33103.
    On March 3, 2004, the final listing of high-theft lines for the MY 
2005 vehicle lines was published in the Federal Register (68 FR 39471). 
The final listing identified that there were no new vehicle lines that 
became subject to the theft prevention standard beginning with the 2005 
model year.
    For MY 2006, there were also no new vehicle lines identified as 
likely to be high-theft lines, in accordance with the procedures 
published in 49 CFR Part 542. However, subsequent to the MY 2005 
listing, Toyota Motor North America, Inc., (Toyota) notified the agency 
that the Lexus LX470 vehicle line was found to have a gross vehicle 
weight rating that exceeded the weight limitation imposed by the theft 
prevention standard since the beginning of its introduction into the 
U.S. market. Accordingly, the Toyota Lexus LX470 has been deleted from 
Appendix A.
    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 a high-theft line newly 
exempted in full beginning with MY 2006. The vehicle line newly 
exempted in full is the Ford Motor Company's (Ford) Thunderbird. The 
agency granted Ford's petition for an exemption of its Thunderbird 
carline from the parts-marking requirements of the Federal Motor 
Vehicle Theft Prevention Standard beginning with the 2006 model year 
(70 FR 12780, March 15, 2005). The agency also granted Nissan's 
petition for an exemption of its [confidential nameplate] line from the 
parts-marking requirements of the Federal Motor Vehicle Theft 
Prevention Standard beginning with the [confidential] model year (69 FR 
59300, October 4, 2004). However, on November 15, 2004, Nissan formally 
notified the agency of its decision not to use the exemption for this 
line at this time. Subsequent to publishing the 2005 final rule, Mazda 
Motor Corporation (Mazda) petitioned the agency for an exemption of the 
Mazda MX-5 Miata vehicle line from the parts-marking requirements of 
the Federal Motor Vehicle Theft Prevention Standard. The agency granted 
Mazda's petition for an exemption of its MX-5 Miata vehicle line 
beginning with the 2005 model year (69 FR 58592, September 30, 2004).
    Subsequent to publishing the 2005 final rule, General Motor's 
notified the agency of its plans to change the nameplate of the Buick 
Regal to Buick LaCrosse and the Chevrolet Venture to Chevrolet Uplander 
beginning with the 2005 model year. General Motors also notified the 
agency of its plans to change the nameplate for the Buick LeSabre to 
the Buick Lucerne vehicle line beginning with MY 2006. Accordingly, 
Appendix A-I has been amended. 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, there has been no selections made in this final rule in 
accordance with the provisions of 49 U.S.C. 33104, and therefore, no 
manufacturers been informed that its lines are subject to the 
requirements of 49 CFR Part 541 for MY 2006. 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 2006 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

[[Page 20483]]

2006. 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 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 and 164.
BMW..........................  Z3, Z8.
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, and Plymouth Breeze.
FERRARI......................  Mondial 8, 328.
FORD.........................  Ford Aspire, Ford Escort, Ford Probe,
                                Lincoln Continental, Lincoln Mark,
                                Mercury Capri, Mercury Cougar, Merkur
                                Scorpio, and 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, Acura MDX (MPV), and
                                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-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),
                                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 Matrix
                                (MPV), Toyota MR2, Toyota MR2 Spyder,
                                Toyota Prius, Toyota RAV4 (MPV), Toyota
                                Sienna (MPV), Toyota Tercel, Lexus
                                IS300, Lexus RX300 (MPV), Scion xA,
                                Scion xB.
VOLKSWAGEN...................  Audi Quattro, Volkswagen Scirocco.
------------------------------------------------------------------------

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

[[Page 20484]]



------------------------------------------------------------------------
         Manufacturer                        Subject lines
------------------------------------------------------------------------
AUSTIN ROVER.................  Sterling.
BMW..........................  MINI, X5, Z4, 3 Car Line, 5 Car Line, 6
                                Car Line, 7 Car Line, 8 Car Line.
DAIMLERCHRYSLER..............  Jeep Grand Cherokee, Chrysler Conquest,
                                Chrysler Imperial, Chrysler Town and
                                Country MPV.
FORD.........................  Lincoln Town Car, Mustang, Mercury Sable
                                (2001-2004), Mercury Grand Marquis,
                                Taurus (2000-2004), Thunderbird.\1\
GENERAL MOTORS...............  Buick Lucerne, Buick LeSabre \2\, Buick
                                LaCrosse/Century, Buick Park Avenue,
                                Buick Regal/Century \3\, Buick Riviera,
                                Cadillac Allante, Cadillac Deville,
                                Cadillac Seville, Chevrolet Corvette,
                                Chevrolet Cavalier, Chevrolet Classic,
                                Chevrolet Impala/Monte Carlo, Chevrolet
                                Lumina, Monte Carlo (1996-1999),
                                Chevrolet Malibu (2001-2003), Chevrolet
                                Uplander, Chevrolet Venture (2002-2004)
                                \4\, 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, MX-5 Miata \5\ 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: 300SL,
                                500SL, 600SL, SL320, SL500, 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 G35,
                                Infiniti I30, Infiniti J30, Infiniti
                                M30, Infiniti M45, Infiniti QX4, and
                                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\ Granted an exemption from the partsmarking requirements beginning
  with MY 2006.
\2\ The Buick LeSabre was renamed Buick Lucerne beginning with MY 2006.
\3\ The Buick Regal/Century was renamed Buick LaCrosse/Century beginning
  with MY 2005.
\4\ The Chevrolet Venture was renamed the Chevrolet Uplander in MY 2005.
 
\5\ Granted an exemption from the partsmarking requirements beginning
  with MY 2005.


    Issued on: April 14, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-7813 Filed 4-19-05; 8:45 am]
BILLING CODE 4910-59-P