[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Rules and Regulations]
[Pages 53396-53399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23045]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2016-0046]
RIN 2127-AL72


Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
2017 Light Duty Truck Lines Subject to the Requirements of This 
Standard and Exempted Vehicle Lines for Model Year 2017

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

ACTION: Final rule.

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SUMMARY: This final rule announces the annual update to the listings of 
light duty truck lines subject to the requirements and vehicle lines 
exempted from the requirements in the theft prevention standard. 
Specifically, this final rule announces that there were no new light-
duty truck (LDT) lines added because none became subject to the theft 
prevention standard for MY 2017. This final rule also identifies those 
vehicle lines exempted from parts marking requirements and removes the 
names of vehicle lines whose production has been discontinued more than 
5 years.

DATES: This final rule is effective October 23, 2018.

FOR FURTHER INFORMATION CONTACT: Hisham Mohamed, Consumer Standards 
Division, Office of International Policy, Fuel Economy and Consumer 
Programs, NHTSA, West Building, 1200 New Jersey Avenue SE, (NRM-310, 
Room W43-437) Washington, DC 20590. Mr. Mohamed's telephone number is 
202-366-0307. His fax number is 202-493-2990.

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 section 33106. 
Section 33106 provides that a manufacturer may petition annually to 
have one vehicle line exempted from the requirements of section 33104, 
if the line is equipped with an antitheft device meeting certain 
conditions as standard equipment. The exemption is granted if NHTSA

[[Page 53397]]

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, 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 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 lists those vehicle lines that are or have been exempted from 
the theft prevention standard.
    For MY 2017, 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. However, appendix A to part 541 is amended to 
remove two vehicle lines that have been discontinued more than 5 years 
ago: The Chevrolet S-10 and the GMC Sonoma.
    For MY 2017, appendix A-1 identifies those vehicle lines that have 
been exempted by the agency from the parts-marking requirements of part 
541 and is amended to include eleven vehicle lines newly exempted in 
full. The eleven exempted vehicle lines are the BMW MINI Countryman 
(MPV), Chevrolet Bolt, Fiat 124 Spyder, Honda Pilot, Hyundai IONIQ, 
Jaguar XE, Jeep Compass, Lexus RX, Lincoln MKC, Maserati Levante (MPV) 
and the Tesla Model 3.
    The agency is removing the Lincoln Town Car, Mercury Mariner, 
Mercury Grand Marquis, Buick Lucerne, Pontiac G6, Saturn Aura, Mazda 
Tribute and Nissan Versa (2008-2011), vehicle lines from the appendix 
A-I listing because they have been discontinued more than 5 years ago. 
The agency is also removing the Cadillac Eldorado, Cadillac Concours, 
Oldsmobile Ninety-Eight, Pontiac Firebird, Chevrolet Camaro (1990-2002) 
and Oldsmobile Eighty-Eight vehicle lines from the appendix A-II 
listing because they have also been discontinued more than 5 years ago. 
The agency will continue to maintain a comprehensive database of all 
exemptions on our website. 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 good cause under 5 
U.S.C. 553(b)(3)(B) 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 good cause under 5 U.S.C. 
553(d)(3) that the amendment made by this document 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. Executive Order 13771
    Executive Order 13771 titled ``Reducing Regulation and Controlling 
Regulatory Costs,'' directs that, unless prohibited by law, whenever an 
executive department or agency publicly proposes for notice and comment 
or otherwise promulgates a new regulation, it shall identify at least 
two existing regulations to be repealed. In addition, any new 
incremental costs associated with new regulations shall, to the extent 
permitted by law, be offset by the elimination of existing costs. Only 
those rules deemed significant under section 3(f) of Executive Order 
12866, ``Regulatory Planning and Review,'' are subject to these 
requirements. As discussed above, this rule is not a significant rule 
under Executive Order 12866 and, accordingly, is not subject to the 
offset requirements of Executive Order 13771.
    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)

[[Page 53398]]

    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 
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. Title 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 is revised to read as follows:

    Authority:  49 U.S.C. 33101, 33102, 33103, 33104, 33105 and 
33106; delegation of authority at 49 CFR 1.95.

Appendix A to Part 541--[Removed and Reserved]

0
2. Appendix A to part 541 is removed and reserved.

0
3. 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

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              Manufacturer                         Subject lines
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BMW.....................................  MINI, MINI Countryman
                                           (MPV),\1\ X1 (MPV), X1 Car
                                           Line (2012-2015), X3, X4, X5,
                                           Z4, 1 Car Line, 3 Car Line, 4
                                           Car Line, 5 Car Line, 6 Car
                                           Line, 7 Car Line.
CHRYSLER................................  200, 300C, Dodge Charger,
                                           Dodge Challenger, Dodge Dart,
                                           Dodge Journey, Fiat 500, Jeep
                                           Cherokee, Jeep Compass,\1\
                                           Jeep Grand Cherokee, Jeep
                                           Patriot, Jeep Wrangler, Town
                                           and Country MPV.
FORD MOTOR CO...........................  C-Max, Edge, Escape, Explorer,
                                           Fiesta, Focus, Fusion,
                                           Lincoln MKC,\1\ Lincoln MKX,
                                           Mustang, Taurus.
GENERAL MOTORS..........................  Buick LaCrosse/Regal, Buick
                                           Verano, Cadillac ATS,
                                           Cadillac CTS, Cadillac DTS,
                                           Cadillac SRX, Cadillac XTS,
                                           Chevrolet Bolt,\1\ Chevrolet
                                           Camaro, Chevrolet Corvette,
                                           Chevrolet Cruze, Chevrolet
                                           Equinox, Chevrolet Impala/
                                           Monte Carlo, Chevrolet
                                           Malibu, Chevrolet Sonic,
                                           Chevrolet Spark, GMC Terrain.
HONDA...................................  Accord, Acura TL, Civic, CRV,
                                           Pilot.\1\
HYUNDAI.................................  Azera, Equus, Genesis,
                                           IONIQ.\1\
JAGUAR..................................  F-Type, XE,\1\ XF, XJ, XK,
                                           Land Rover Discovery Sport,
                                           Land Rover LR2, Land Rover
                                           Range Rover Evoque.
MASERATI................................  Ghibli, Levante (SUV),\1\
                                           Quattroporte.
MAZDA...................................  2, 3, 5, 6, CX-3, CX-5, CX-7,
                                           CX-9, Fiat 124 Spyder,\1\ MX-
                                           5 Miata.
MERCEDES-BENZ...........................  smart USA fortwo, smart Line
                                           Chassis. 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) (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/B-
                                           Class) (the models within
                                           this line are): B250e,
                                           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, 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 Hatchback,
                                           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 3,\1\ Model S, Model X.
TOYOTA..................................  Camry, Corolla, Highlander,
                                           Lexus ES, Lexus GS, Lexus LS,
                                           Lexus RX,\1\ Prius, RAV4,
                                           Sienna.
VOLKSWAGEN..............................  Audi A3, Audi A4, A4 Allroad
                                           MPV, Audi A6, Audi A8, Audi
                                           Q3, Audi Q5, Audi TT, Beetle,
                                           Eos, Golf/Rabbit/GTI/R32,
                                           Jetta, Beetle, Passat,
                                           Tiguan.
VOLVO...................................  S60.
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\1\ Granted an exemption from the parts marking requirements beginning
  with MY 2017.


[[Page 53399]]

Appendix A-II to Part 541--[Removed and Reserved]

0
4. Appendix A-II to part 541 is removed and reserved.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.95 and 501.5.
Heidi R. King,
Deputy Administrator.
[FR Doc. 2018-23045 Filed 10-22-18; 8:45 am]
BILLING CODE 4910-59-P