[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60555-60560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25369]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2015-0043]
RIN 2127-AL59


Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
2016 Light Duty Truck Lines Subject to the Requirements of This 
Standard and Exempted Vehicle Lines for Model Year 2016

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

ACTION: Final rule.

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SUMMARY: This final rule announces NHTSA's determination that there are 
no new model year (MY) 2016 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 major parts that are interchangeable 
with a majority of the covered major parts of passenger car or MPV 
lines. 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: The amendment made by this final rule is effective October 7, 
2015.

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) 366-4807. Her fax number is (202) 493-0073.

SUPPLEMENTARY INFORMATION: The theft prevention standard (49 CFR part 
541) 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 LDT lines with a GVWR of 6,000 
pounds or less.
    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 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

[[Page 60556]]

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 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 2016, 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 2016, the list of lines that have been exempted by the 
agency from the parts-marking requirements of Part 541 is amended to 
include ten vehicle lines newly exempted in full. The ten exempted 
vehicle lines are the BMW X1(MPV), Lincoln MKX, Chevrolet Spark, Honda 
CRV, Jaguar XF, Maserati Ghibli, Mazda CX-3, Mercedes-Benz smart Line 
Chassis, Toyota Sienna and the Audi TT.
    When publishing the August 11, 2014 final rule (See 79 FR 46715), 
the agency erroneously omitted the Chrysler 200 vehicle line from the 
Appendix A-I listing of ten vehicles that were exempted from the parts 
marking requirements for MY 2015. This notice corrects that error.
    We note that the agency also 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 agency is removing 
the Chevrolet Cobalt, Mercury Sable, Taurus X, Pontiac G6, Saturn Aura, 
Kia Amanti, Lexus SC and the Suzuki XL-7 vehicle lines 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, Executive Order 13563 and the Department 
of Transportation's regulatory policies provide for making 
determinations on whether a regulatory action is ``significant'' and 
therefore subject to Office of Management and Budget (OMB) review and 
to the requirements of the Executive Orders. 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 or 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 as it merely informs the public about previous 
agency actions. 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. As discussed above, this 
final rule only provides better information to the public about 
previous agency actions.

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 as it only 
informs the public of previous agency actions. In accordance with

[[Page 60557]]

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.
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    \1\ See 61 FR 4729, February 7, 1996.
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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.
    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 1.95.


0
2. Appendix A-I to Part 541 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.
                                       X1 (MPV).\1\
                                       X1(2012-2015).\2\
                                       X3.
                                       X4.
                                       X5.
                                       Z4.
                                       1 Car Line.
                                       3 Car Line.
                                       4 Car Line.
                                       5 Car Line.
                                       6 Car Line.
                                       7 Car Line.
CHRYSLER.............................  200.\3\
                                       300C.
                                       Jeep Cherokee.
                                       Fiat 500.
                                       Town and Country MPV.
                                       Jeep Grand Cherokee.
                                       Jeep Patriot.
                                       Jeep Wrangler.
                                       Dodge Charger.
                                       Dodge Challenger.
                                       Dodge Dart.
                                       Dodge Journey.
FORD MOTOR CO........................  C-Maxx.
                                       Edge.
                                       Escape.
                                       Explorer.
                                       Fiesta.
                                       Focus.
                                       Fusion.
                                       Lincoln MKX.\1\
                                       Lincoln Town Car.
                                       Mustang.
                                       Mercury Mariner.
                                       Mercury Grand Marquis.
                                       Taurus.
GENERAL MOTORS.......................  Buick Lucerne.
                                       Buick LaCrosse.
                                       Buick LaCrosse/Regal.
                                       Buick Verano.
                                       Cadillac ATS.
                                       Cadillac CTS.
                                       Cadillac DTS/Deville.
                                       Cadillac SRX.
                                       Cadillac XTS/Deville.
                                       Chevrolet Camaro.
                                       Chevrolet Corvette.
                                       Chevrolet Cruze.
                                       Chevrolet Equinox.
                                       Chevrolet Impala/Monte Carlo.
                                       Chevrolet Malibu.
                                       Chevrolet Sonic.
                                       Chevrolet Spark.\1\

[[Page 60558]]

 
                                       GMC Terrain.
                                       Pontiac G6.
                                       Saturn Aura.
HONDA................................  Accord.
                                       Acura TL.
                                       Civic.
                                       CRV.\1\
HYUNDAI..............................  Azera.
                                       Genesis.
                                       Equus.
JAGUAR...............................  F-Type.
                                       XF.\1\
                                       XJ.
                                       XK.
                                       Land Rover Discovery Sport.
                                       Land Rover LR2.
                                       Land Rover Range Rover Evoque.
MASERATI.............................  Ghibli.\1\
                                       Quattroporte.
MAZDA................................  2.
                                       3.
                                       5.
                                       6.
                                       CX-3.\1\
                                       CX-5.
                                       CX-7.
                                       CX-9.
                                       MX-5 Miata.
                                       Tribute.
MERCEDES-BENZ........................  smart USA fortwo.
                                       smart Line Chassis.\1\
                                       SL-Line Chassis (SL-Class) (the
                                        models within this line are):
                                          SL400.
                                          SL550.
                                          SL 63/AMG.
                                          SL 65/AMG.
                                       SLK-Line Chassis (SLK-Class) (the
                                        models within this line are):
                                          SLK 250.
                                          SLK 300.
                                          SLK 350.
                                          SLK 55 AMG.
                                       S-Line Chassis (S/CL/S-Coupe
                                        Class) \4\ (the models within
                                        this line are):
                                          S450.
                                          S500.
                                          S550.
                                          S600.
                                          S55.
                                          S63 AMG.
                                          S65 AMG.
                                          CL55.
                                          CL65.
                                          CL500.
                                          CL550.
                                          CL600.
                                       NGCC Chassis Line (CLA/GLA-
                                        Class) (the models within this
                                        line are):
                                          CLA250.
                                          CLA250 4MATIC.
                                          CLA45 4MATIC AMG.
                                          GLA250.
                                          GLA45 AMG.
                                       C-Line Chassis (C-Class/CLK/GLK-
                                        Class) (the models within this
                                        line are):
                                          C63 AMG.
                                          C240.
                                          C250.
                                          C300.
                                          C350.
                                          CLK 350.
                                          CLK 550.
                                          CLK 63AMG.
                                          GLK250.
                                          GLK350.
                                       E-Line Chassis (E-Class/CLS
                                        Class) (the models within this
                                        line are):
                                          E55.
                                          E63 AMG.

[[Page 60559]]

 
                                          E320 BLUETEC.
                                          E350 BLUETEC.
                                          E320/E320DT CDi.
                                          E350/E500/E550.
                                          E400 HYBRID.
                                          CLS400.
                                          CLS500.
                                          CLS55 AMG.
                                          CLS63 AMG.
MITSUBISHI...........................  Eclipse.
                                       Endeavor.
                                       Galant.
                                       iMiEV.
                                       Lancer.
                                       Outlander.
                                       Outlander Sport.
                                       Mirage.
NISSAN...............................  Altima.
                                       Cube.
                                       Juke.
                                       Leaf.
                                       Maxima.
                                       Murano.
                                       NV200 Taxi.
                                       Pathfinder.
                                       Quest.
                                       Rogue.
                                       Sentra.
                                       Versa (2008-2011).
                                       Versa Hatchback.
                                       Versa Note.
                                       Infiniti G (2003-2013).
                                       Infiniti M (2004-2013).
                                       Infiniti Q70.
                                       Infiniti Q50/60.
                                       Infiniti QX60.
PORSCHE..............................  911.
                                       Boxster/Cayman.
                                       Macan.
                                       Panamera.
SAAB.................................  9-3.
                                       9-5.
SUBARU...............................  Forester.
                                       Impreza.
                                       Legacy.
                                       B9 Tribeca.
                                       Outback.
                                       WRX.
                                       XV Crosstrek.
SUZUKI...............................  Kizashi.
TESLA................................  Model S.
                                       Model X.
TOYOTA...............................  Camry.
                                       Corolla.
                                       Highlander.
                                       Lexus ES.
                                       Lexus GS.
                                       Lexus LS.
                                       Prius.
                                       RAV4.
                                       Sienna.\1\
VOLKSWAGEN...........................  Audi A3.
                                       Audi A4.
                                       A4 Allroad MPV.
                                       Audi A6.
                                       Audi A8.
                                       Audi Q3.
                                       Audi Q5.
                                       Audi TT.\1\
                                       Beetle.
                                       Eos.
                                       Golf/Rabbit/GTI/R32.
                                       Jetta.
                                       New Beetle (renamed ``Beetle'' in
                                        MY 2012).

[[Page 60560]]

 
                                       Passat.
                                       Tiguan.
VOLVO................................  S60.
------------------------------------------------------------------------
\1\ Granted an exemption from the parts marking requirements beginning
  with MY 2016.
\2\ The X1 carline was replaced by the X1 MPV line beginning in MY 2016.
  According to BMW, production of its X1 carline ceased in MY 2015.
\3\ Granted an exemption from the parts marking requirements beginning
  with MY 2015.
\4\ According to Mercedes-Benz, the CL-Class was renamed the S-Coupe
  Class beginning with MY 2015.


    Under authority delegated in 49 CFR part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-25369 Filed 10-6-15; 8:45 am]
 BILLING CODE 4910-59-P