[Federal Register Volume 70, Number 221 (Thursday, November 17, 2005)]
[Rules and Regulations]
[Pages 69688-69689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22819]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 541, 543, and 545

[Docket No. NHTSA-05-21233; Notice 2]


Federal Motor Vehicle Theft Prevention Standard

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

ACTION: Denial of petition for reconsideration.

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SUMMARY: This document denies a petition for reconsideration of the 
agency's newly expanded parts marking requirements. The Anti Car Theft 
Act of 1992 required NHTSA to conduct a rulemaking to extend the parts 
marking requirements of that Standard to all passenger cars and 
multipurpose passenger vehicles with a gross vehicle weight rating of 
6,000 pounds or less regardless of theft rate, unless the Attorney 
General found that such a requirement would not substantially inhibit 
chop shop operations and motor vehicle thefts. The initial final rule 
extending the parts marking requirement was published in April of 2004. 
In May 2005, NHTSA responded to petitions for reconsideration of the 
April 2004 final rule and established a phase in schedule for the new 
requirements. We also decided to exclude vehicle lines with annual 
production of not more than 3,500 vehicles from the parts marking 
requirements because the benefits of marking these vehicle lines would 
be trivial or of no value.
    The agency received a petition for reconsideration of the May 2005 
final rule from International Association of Auto Theft Investigators. 
The petition asked the agency to reconsider the phase-in and small 
volume exclusion as it applied to large volume vehicle manufacturers. 
This document denies that petition because it did not provide 
sufficient information in support of their request to reconsider the 
May 2005 final rule.

FOR FURTHER INFORMATION CONTACT: For technical and policy issues, you 
may call Rosalind Proctor, Office of International Policy, Fuel Economy 
and Consumer Programs, (Telephone: 202-366-0846) (Fax: 202-493-2290).
    For legal issues, you may call George Feygin, Office of Chief 
Counsel (Telephone: 202-366-2992) (Fax: 202-366-3820).

SUPPLEMENTARY INFORMATION: On April 6, 2004, the agency published a 
final rule extending the anti-theft parts marking requirements (Part 
541) to (1) all below median theft rate passenger cars and multipurpose 
passenger vehicles (MPVs) that have a gross vehicle weight rating 
(GVWR) of 6,000 pounds or less, and (2) all below median theft rate 
light duty trucks with a GVWR of 6,000 pounds or less and major parts 
that are interchangeable with a majority of the covered major parts of 
passenger cars or MPVs subject to the parts marking requirements.\1\ 
(69 FR 17960) The Anti Car Theft Act of 1992 required this final rule 
unless the Attorney General made a finding that the extension would not 
substantially inhibit chop shop operations and motor vehicle thefts. 
The final rule is effective September 1, 2006.
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    \1\ Above median theft rate LDTs are still subject to the parts 
marking requirements. Below median theft rate LDTs which do not have 
major parts that are interchangeable are not subject to the 
requirements.
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    On May 19, 2005, the agency published a final rule responding to 
petitions for reconsideration of the 2004

[[Page 69689]]

final rule.\2\ Among other things, the May 2005 final rule excluded 
vehicle lines with annual production of not more than 3,500 vehicles 
from parts marking requirements because the benefits of marking these 
vehicle lines would be trivial or of no value. This exclusion applies 
to all vehicle manufacturers regardless of overall production volume. 
We also adopted a phase-in of the new parts marking requirements over a 
two-year period. Specifically, car lines representing not less than 50% 
of a manufacturer's production of vehicle lines that were not subject 
to parts marking requirements before September 1, 2006, must be marked 
effective September 1, 2006. The remaining vehicle lines must be marked 
effective September 1, 2007. Vehicle lines already subject to parts 
marking requirements are unaffected by this phase-in.
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    \2\ See 70 FR 28843, Docket No. NHTSA-2005-21233.
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    The agency received a petition for reconsideration of the May 2005 
final rule, from the International Association of Auto Theft 
Investigators. The petition asked the agency to reconsider the phase-in 
and the small volume exemption.
    With regard to the phase-in, the petition provided no argument on 
why the agency should reconsider the phase-in. In deciding to adopt the 
phase-in, the agency balanced the benefits of parts marking against the 
practical burdens associated with implementing the expansion of parts 
marking. The agency decided to adopt the phase-in because the expanded 
time frame eliminates any argument about the practicability of 
expanding parts marking. The petitioner stated their objection to the 
phase-in, but provided no information indicating that the expansion 
would be practicable without it.
    With regard to the small volume exemption, the petitioner argues 
that this is a ``Small Business Exemption,'' and that allowing large 
companies to claim such an exemption was not the intent of Congress. 
The agency's decision to exclude small volume vehicle lines was not 
based on the size of the manufacturer. Instead, the agency's decision 
was based on an analysis that the benefits of marking small volume 
vehicle lines would be de minimis. The petitioner provided no 
explanation as to why this analysis was incorrect.
    For these reasons, the agency is denying the International 
Association of Auto Theft Investigators' petition. In accordance with 
49 CFR part 553, this completes the agency review of the petition for 
reconsideration.

    Issued on: November 10, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-22819 Filed 11-16-05; 8:45 am]
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