[Federal Register Volume 71, Number 75 (Wednesday, April 19, 2006)]
[Rules and Regulations]
[Pages 20022-20026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3692]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2006-23934]
RIN 2127-AJ89


Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
2007 Light Duty Truck Lines Subject to the Requirements of This 
Standard and Exempted Vehicle Lines for Model Year 2007

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 that no new 
model year (MY) 2007 light duty truck lines are subject to the parts-
marking requirements of the Federal motor vehicle theft prevention 
standard because they have been determined by the agency to be high-
theft or that they have a majority of interchangeable parts with those 
of a passenger motor vehicle line. This final rule also identifies 
those vehicle 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 
April 19, 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer 
Standards Division, Office of International Vehicle, Fuel Economy 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: On April 6, 2004, the agency published in 
the Federal Register (69 FR 17960) a final rule extending the parts 
marking requirements to certain vehicle lines that were not previously 
subject to these requirements: (1) All low-theft passenger car lines; 
(2) all low-theft multipurpose passenger vehicle (MPV) lines with a 
gross vehicle weight rating (GVWR) of 6,000 pounds or less; and (3) 
low-theft light-duty truck (LDT) lines with a GVWR of 6,000 pounds or 
less that have major parts that are interchangeable with a majority of 
the covered major parts of passenger cars or MPVs. The high-theft 
vehicle lines that were previously exempted under 49

[[Page 20023]]

CFR part 543 on the grounds that they were equipped with an antitheft 
device as standard equipment were unaffected by the April 2004 final 
rule. The agency also stated that it would continue to grant exemptions 
for one vehicle line per model year. The final rule is effective 
September 1, 2006.
    The purpose of the theft prevention standard (49 CFR part 541) 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 subject to the requirements of the standard.
    Section 33104(d) provides that once a line has become subject to 
the theft prevention standard, the line remains subject to the 
requirements of the standard unless it is exempted under section 33106. 
Section 33106 provides that a manufacturer may petition to have a 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 those vehicle lines that 
are exempted from the theft prevention standard for a given model year 
under section 33104. Appendix A to Part 541 identifies those new light-
duty truck lines listed for the first time that will be subject to the 
theft prevention standard beginning in a given model year. Appendix A-I 
to Part 541 identifies those vehicle lines that are or have been 
exempted from the theft prevention standard.
    On May 19, 2005, the final listing of MY 2006 high-theft vehicle 
lines was published in the Federal Register (70 FR 20481). The final 
listing identified that there were no new vehicle lines that became 
subject to the theft prevention standard beginning with the 2006 model 
year. For MY 2007, there were no new light-duty truck lines identified 
that became subject to the theft prevention standard in accordance with 
the procedures published in 49 CFR part 542. However, beginning 
September 1, 2006, all passenger cars, all MPVs (with a gross vehicle 
weight rating of 6,000 pounds or less), all light duty trucks (with a 
gross vehicle weight rating of 6,000 pounds or less) determined to be 
high-theft in accordance with 49 CFR 542.1, and all low-theft light 
duty trucks (with a gross vehicle weight rating of 6,000 pounds or 
less) having a majority of its major parts interchangeable with those 
of a passenger motor vehicle line in accordance with 49 CFR 542.2 will 
be subject to the parts marking requirements. At least 50 percent of 
the production volume not subject to the current parts marking 
requirements (excluding light duty trucks) must be marked by September 
1, 2006. The remaining production volume not subject to the current 
parts marking requirements must be marked by September 1, 2007 (see 70 
FR 28843, May 19, 2005).
    Subsequent to publishing the 2006 final rule, eight manufacturers 
petitioned the agency for an exemption from the parts marking 
requirements of the Federal motor vehicle theft prevention standard. 
The agency granted petitions for exemptions to the DaimlerChrysler 
Corporation (DC) for the 300C vehicle line, Ford Motor Company for the 
Focus vehicle line, General Motors Corporation for the Chevrolet 
Malibu/Malibu Maxx vehicle line, Mazda Motor Corporation (Mazda) for 
the 3 vehicle line, Mercedes-Benz USA, LLC for the E-Line Chassis (E-
Class/CLS Class) vehicle line, Mitsubishi Motors Corporation 
(Mitsubishi) for the Endeavor vehicle line, Nissan North America, Inc., 
for the Nissan Quest and Fuji Heavy Industries, USA for the Subaru B9 
Tribeca vehicle line, all beginning with the 2006 model year.
    Additionally, petitions for exemption from the parts marking 
requirements were withdrawn from the DaimlerChrysler Corporation for 
the Jeep Liberty (See 70 FR 53713) and Ford Motor Company for its 
Thunderbird vehicle line (See 70 FR 53714) beginning with the 2006 
model year.
    For MY 2007, the list of lines that have been exempted by the 
agency from the parts-marking requirements of Part 541 includes seven 
vehicle lines newly exempted in full. The seven exempted vehicle lines 
are the DaimlerChrysler Dodge Charger, General Motors Pontiac G6, the 
Mazda CX-7, the Mercedes-Benz S-Line Chassis (S-Class/CL-Class), the 
Nissan Sentra, the Volkswagen Audi A4 and the Suzuki XL-7.
    We note that the agency is removing from the list being published 
in the Federal Register certain vehicles lines that have been 
discontinued more than 5 years ago. The agency will continue to 
maintain a comprehensive database of all exemptions on our Web site. 
However, we believe that re-publishing a list containing vehicle lines 
that have not been in production for a considerable period of time is 
unnecessary.
    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.
    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

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993), provides for making determinations whether a 
regulatory action is ``significant'' and therefore subject to Office of 
Management and Budget (OMB) review and to the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    This final rule was not reviewed under Executive Order 12866. It is 
not significant within the meaning of the DOT Regulatory Policies and

[[Page 20024]]

Procedures. It will not impose any new burdens on vehicle 
manufacturers. This document informs the public of previously granted 
exemptions. Since the only purpose of this final rule is to inform the 
public of previous actions taken by the agency no new costs are burdens 
will result.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires agencies to evaluate the potential effects of their rules on 
small businesses, small organizations and small governmental 
jurisdictions. I have considered the effects of this rulemaking action 
under the Regulatory Flexibility Act and certify that it would not have 
a significant economic impact on a substantial number of small 
entities. As noted above, the effect of this final rule is only to 
inform the public of agency's previous actions.

C. National Environmental Policy Act

    NHTSA has analyzed this final rule for the purposes of the National 
Environmental Policy Act. The agency has determined that implementation 
of this action will not have any significant impact on the quality of 
the human environment. Accordingly, no environmental assessment is 
required.

D. Executive Order 13132 (Federalism)

    The agency has analyzed this rulemaking in accordance with the 
principles and criteria contained in Executive Order 13132 and has 
determined that it does not have sufficient federal implications to 
warrant consultation with State and local officials or the preparation 
of a federalism summary impact statement.

E. Unfunded Mandates Act

    The Unfunded Mandates Reform Act of 1995 requires agencies to 
prepare a written assessment of the costs, benefits and other effects 
of proposed or final rules that include a Federal mandate likely to 
result in the expenditure by State, local or tribal governments, in the 
aggregate, or by the private sector, of more than $100 million annually 
($120.7 million as adjusted annually for inflation with base year of 
1995). The assessment may be combined with other assessments, as it is 
here.
    This final rule will not result in expenditures by State, local or 
tribal governments or automobile manufacturers and/or their suppliers 
of more than $120.7 million annually. This document informs the public 
of previously granted exemptions. Since the only purpose of this final 
rule is to inform the public of previous actions taken by the agency, 
no new costs or burdens will result.

F. Executive Order 12988 (Civil Justice Reform)

    Pursuant to Executive Order 12988, ``Civil Justice Reform'' \1\, 
the agency has considered whether this final rule has any retroactive 
effect. We conclude that it would not have such an 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.
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    \1\ See 61 FR 4729, February 7, 1996.
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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, Appendix A-I is revised. Appendix A-I is revised to 
read as follows:

Appendix A-I to Part 541--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
------------------------------------------------------------------------
BMW....................................  MINI.
                                         X5.
                                         Z4.
                                         3 Car Line.
                                         5 Car Line.
                                         6 Car Line.
                                         7 Car Line.
DAIMLERCHRYSLER........................  300C.\2\
                                         Jeep Grand Cherokee.
                                         Chrysler Conquest.
                                         Chrysler Town and Country MPV.
                                         Dodge Charger.\1\
FORD MOTOR CO..........................  Focus.\2\
                                         Lincoln Town Car.
                                         Mustang.
                                         Mercury Sable (2001-2004).
                                         Mercury Grand Marquis.
                                         Taurus (2000-2004).
GENERAL MOTORS.........................  Buick Lucerne.
                                         Buick LeSabre.
                                         Buick LaCrosse/Century.
                                         Buick Park Avenue.
                                         Buick Regal/Century.
                                         Cadillac DTS/Deville.
                                         Cadillac STS/Seville.
                                         Chevrolet Cavalier.
                                         Chevrolet Classic.
                                         Chevrolet Cobalt.\3\

[[Page 20025]]

 
                                         Chevrolet Corvette.
                                         Chevrolet Impala/Monte Carlo.
                                         Chevrolet Lumina/Monte Carlo
                                          (1996-1999).
                                         Chevrolet Malibu (2001-2003).
                                         Chevrolet Malibu/Malibu
                                          Maxx.\2\
                                         Chevrolet Uplander.
                                         Chevrolet Venture (2002-2004).
                                         Oldsmobile Alero.
                                         Oldsmobile Aurora.
                                         Pontiac Bonneville.
                                         Pontiac G6.\1\
                                         Pontiac Grand Am.
                                         Pontiac Grand Prix.
                                         Pontiac Sunfire.
HONDA..................................  Acura CL.
                                         Acura NSX.
                                         Acura RL.
                                         Acura TL.
ISUZU..................................  Axiom.
JAGUAR.................................  XK.
MAZDA..................................  3.\2\
                                         6.
                                         CX-7.\1\
                                         MX-5 Miata.
                                         RX-7/8.
                                         Millenia.
MERCEDES-BENZ..........................  SL-Class (the models within
                                          this line are):
                                         300SL.
                                         500SL.
                                         600SL.
                                         SL500.
                                         SL550.
                                         SL600.
                                         SL55.
                                         SL65.
                                         S-Class/CL-Class \1\ (the
                                          models within this line are):
                                         S450.
                                         S500.
                                         S550.
                                         S600.
                                         S55.
                                         S65.
                                         CL500.
                                         CL600.
                                         CL55.
                                         CL65.
                                         C-Class (the models within this
                                          line are):
                                         C220/230.
                                         C240.
                                         C280/320.
                                         C36/43/55.
                                         E-Class/CLS Class \2\ (the
                                          models within this line are):
                                         E320/E320DT CDi.
                                         E350/E500/E55.
                                         CLS500/CLS55.
MITSUBISHI.............................  Endeavor \2\.
                                         Galant.
                                         Diamante.
NISSAN.................................  Altima.
                                         Maxima.
                                         Pathfinder.
                                         Quest.\2\
                                         Sentra.\1\
                                         350Z.
                                         Infiniti G35.
                                         Infiniti I30.
                                         Infiniti J30.
                                         Infiniti M30.
                                         Infiniti M45.
                                         Infiniti QX4.
                                         Infiniti Q45.
PORSCHE................................  911.
                                         Boxster/Cayman.
SAAB...................................  9-3.

[[Page 20026]]

 
SUBARU.................................  B9 Tribeca.\2\
SUZUKI.................................  XL-7.\1\
TOYOTA.................................  Lexus ES.
                                         Lexus GS.
                                         Lexus LS.
                                         Lexus SC.
VOLKSWAGEN.............................  Audi 5000S.
                                         Audi A4.\1\
                                         Audi Allroad.
                                         A6.
                                         Cabrio.
                                         Golf/GTI.
                                         Jetta.
                                         Passat.
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\1\ Granted an exemption from the partsmarking requirements beginning
  with MY 2007.
\2\ Granted an exemption from the partsmarking requirements beginning
  with MY 2006.
\3\ Granted an exemption from the partsmarking requirements beginning
  with MY 2005.


    Issued on: April 13, 2006.
H. Keith Brewer,
Director, Office of Crash Avoidance Standards.
[FR Doc. 06-3692 Filed 4-18-06; 8:45 am]
BILLING CODE 4910-59-P