[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Rules and Regulations]
[Pages 34946-34949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14840]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2010-0070]
RIN 2127-AK68


Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
2011 Light Duty Truck Lines Subject to the Requirements of This 
Standard and Exempted Vehicle Lines for Model Year 2011

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule announces NHTSA's determination that there are 
no new model year (MY) 2011 light duty truck lines 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 because they have a majority of interchangeable parts 
with those of a passenger motor vehicle line. This final rule also 
identifies those vehicle lines that have been granted an exemption from 
the parts-marking requirements because the vehicles are equipped with 
antitheft devices determined to meet certain statutory criteria.

DATES: Effective Date: The amendment made by this final rule is 
effective June 21, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer 
Standards Division, Office of International Policy, Fuel Economy and 
Consumer Programs, NHTSA, West Building, 1200 New Jersey Avenue, SE., 
(NVS-131, Room W43-302) Washington, DC 20590. Ms. Proctor's telephone 
number is (202) 366-0846. Her fax number is (202) 493-0073.

SUPPLEMENTARY INFORMATION: The theft prevention standard applies to (1) 
all passenger car lines; (2) all multipurpose passenger vehicle (MPV) 
lines with a gross vehicle weight rating (GVWR) of 6,000 pounds or 
less; (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 car or MPV lines; and 
(4) high-theft light-duty truck lines with a GVWR of 6,000 pounds or 
less.
    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 Sec.  33106. 
Section 33106 provides that a manufacturer may petition annually to 
have one vehicle line exempted from the requirements of Sec.  33104, if 
the line is equipped with an antitheft device meeting certain 
conditions 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 LDT lines that 
have been determined to be high theft pursuant to 49 CFR Part 541, 
those LDT lines that have been determined to have major

[[Page 34947]]

parts that are interchangeable with a majority of the covered major 
parts of passenger car or MPV lines and those vehicle lines that are 
exempted from the theft prevention standard under section 33104. 
Appendix A to Part 541 identifies those LDT lines that are or 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.
    For MY 2011, there are no new LDT lines that will be subject to the 
theft prevention standard in accordance with the procedures published 
in 49 CFR Part 542. Therefore, Appendix A does not need to be amended.
    For MY 2011, the list of lines that have been exempted by the 
agency from the parts-marking requirements of Part 541 is amended to 
include twelve vehicle lines newly exempted in full. The twelve 
exempted vehicle lines are the Cadillac CTS, Ford Explorer, Hyundai VI, 
Jeep Patriot, Mazda2, Mercedes-Benz SL-Class Chassis Line, Mitsubishi 
Outlander, Nissan Cube, Saab 9-5, Subaru Legacy, Toyota Camry and 
Volkswagen Tiguan.
    Subsequent to publishing the MY 2009 and 2010 list of exempted 
lines, the agency also granted Hyundai-Kia America Technical Center, 
Inc., a full exemption from the parts-marking requirement of the Theft 
Prevention Standard for the Kia Amanti vehicle line beginning with MY 
2009. After considering the available information in the specific 
context of eligibility for parts-marking exemptions, the agency 
concluded that there was sufficient separation between Hyundai and Kia 
operations to treat them as two separate manufacturers.
    We note that the agency removes from the list being published in 
the Federal Register each year certain vehicles lines that have been 
discontinued more than 5 years ago. Therefore, the Infiniti Q45 and 
Jaguar XK have been removed from the Appendix A-I listing. 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 
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

[[Page 34948]]

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.
---------------------------------------------------------------------------

    \1\ See 61 FR 4729, February 7, 1996.
---------------------------------------------------------------------------

G. Paperwork Reduction Act

    The Department of Transportation has not submitted an information 
collection request to OMB for review and clearance under the Paperwork 
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This rule 
does not impose any new information collection requirements on 
manufacturers.

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. 33101, 33102, 33103, 33104, 33105 and 
33106; delegation of authority at 49 CFR 1.50.


0
2. In Part 541, 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
------------------------------------------------------------------------
             Manufacturer                         Subject lines
------------------------------------------------------------------------
BMW...................................  MINI.
                                        X5.
                                        Z4.
                                        1 Car Line.
                                        3 Car Line.
                                        5 Car Line.
                                        6 Car Line.
                                        7 Car Line.
Chrysler..............................  300C.
                                        Jeep Grand Cherokee.
                                        Jeep Patriot.\1\
                                        Jeep Wrangler.
                                        Town and Country MPV.
                                        Dodge Charger.
                                        Dodge Challenger.
                                        Dodge Journey.
                                        Dodge Magnum (2008).
Ford Motor Co.........................  Escape.
                                        Explorer.\1\
                                        Ford Five-Hundred (2007).
                                        Ford Focus.
                                        Lincoln Town Car.
                                        Mustang.
                                        Mercury Mariner.
                                        Mercury Grand Marquis.
                                        Mercury Sable.
                                        Taurus.
                                        Taurus X.
General Motors........................  Buick Lucerne.
                                        Buick LeSabre.
                                        Buick LaCrosse/Century.
                                        Buick Park Avenue (1992-2005).
                                        Buick Regal/Century.
                                        Cadillac CTS.\1\
                                        Cadillac DTS/Deville.
                                        Chevrolet Camaro.
                                        Chevrolet Cavalier (1997-2005).
                                        Chevrolet Classic.
                                        Chevrolet Cobalt.\2\
                                        Chevrolet Corvette.
                                        Chevrolet Cruze.
                                        Chevrolet Equinox.
                                        Chevrolet Impala/Monte Carlo.
                                        Chevrolet Malibu/Malibu Maxx.
                                        GMC Terrain.
                                        Oldsmobile Alero.
                                        Oldsmobile Aurora.
                                        Pontiac Bonneville.
                                        Pontiac G6.
                                        Pontiac Grand Am.
                                        Pontiac Grand Prix.
                                        Pontiac Sunfire.
                                        Saturn Aura.
Honda.................................  Acura CL.
                                        Acura NSX.
                                        Acura RL.
                                        Acura TL.
Hyundai...............................  Azera.
                                        Genesis.
                                        VI.\1\
Isuzu.................................  Axiom.
Jaguar................................  XK.
Kia...................................  Amanti.
Mazda.................................  2.\1\
                                        3.
                                        5.
                                        6.
                                        CX-7.
                                        CX-9.
                                        MX-5 Miata.
                                        Millenia.
Mercedes-Benz.........................  smart USA fortwo.
                                        SL-Class \1\ (the models within
                                         this line are):
                                        SL550.
                                        SL600.
                                        SL55.
                                        SL 63/AMG.
                                        SL 65/AMG.
                                        S-Class/CL-Class (the models
                                         within this line are):
                                        S450.
                                        S500.
                                        S550.
                                        S600.
                                        S55.
                                        S65.
                                        CL500.
                                        CL600.
                                        CL55.
                                        CL65.
                                        C-Class/CLK-Class (the models
                                         within this line are):
                                        C240.
                                        C300.
                                        C350.
                                        CLK 350.
                                        CLK 550.
                                        CLK 63AMG.
                                        E-Class/CLS Class (the models
                                         within this line are):
                                        E320/E320DT CDi.
                                        E350/E500/E55.
                                        CLS500/CLS55.
Mitsubishi............................  Eclipse.
                                        Endeavor.
                                        Galant.
                                        Lancer.
                                        Outlander.\1\
Nissan................................  Altima.
                                        Cube.\1\
                                        Maxima.
                                        Murano.
                                        Pathfinder.
                                        Quest.
                                        Rogue.
                                        Sentra.
                                        Versa.
                                        Infiniti G.\2\
                                        Infiniti M.\3\
Porsche...............................  911.
                                        Boxster/Cayman.
                                        Panamera.
Saab..................................  9-3.
                                        9-5.\1\
Subaru................................  Forester.
                                        Impreza.
                                        Legacy.\1\
                                        B9 Tribeca.
                                        Outback.
Suzuki................................  XL-7.
Toyota................................  Camry.\1\
                                        Lexus ES.
                                        Lexus GS.
                                        Lexus LS.
                                        Lexus SC.
Volkswagen............................  Audi 5000S.
                                        Audi A3.
                                        Audi A4.
                                        Audi Allroad.
                                        Audi A6.
                                        Audi Q5.
                                        New Beetle.
                                        Golf/Rabbit/GTI/R32.
                                        Jetta.
                                        Passat.
                                        Tiguan.\1\
------------------------------------------------------------------------
\1\ Granted an exemption from the parts marking requirements beginning
  with MY 2011.

[[Page 34949]]

 
\2\ Infiniti G models include the G35 and G37 models.
\3\ Infiniti M models include the M35, M37, M45 and M56 models.


    Issued on: June 14, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-14840 Filed 6-18-10; 8:45 am]
BILLING CODE 4910-59-P