[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Rules and Regulations]
[Pages 27205-27208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12333]


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 DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2017-0091]
RIN 2127-AL79


 Federal Motor Vehicle Theft Prevention Standard; Final Listing 
of 2018 Light Duty Truck Lines Subject to the Requirements of This 
Standard and Exempted Vehicle Lines for Model Year 2018

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 there are 
no new model year 2018 light duty truck lines subject to the parts-
marking requirements of the Federal motor vehicle theft prevention 
standard. The agency determined no new models were high-theft or had 
major parts that are interchangeable with a majority of the covered 
major parts of passenger car or multipurpose passenger vehicle lines. 
This final rule also identifies those vehicle lines that have been 
granted an exemption from the parts-marking requirements because they 
are equipped with antitheft devices determined to meet certain 
criteria.

DATES: This final rule is effective June 12, 2019.

FOR FURTHER INFORMATION CONTACT: Mr. Hisham Mohamed, Office of

[[Page 27206]]

International Policy, Fuel Economy and Consumer Programs at 202-366-
0307 or Ms. Carlita Ballard, Office of International Policy, Fuel 
Economy and Consumer Programs at 202-366-5222.

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.
    Title 49 U.S.C. 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 49 U.S.C. 
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 
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.
    NHTSA annually publishes the names of LDT lines NHTSA has 
determined to be high theft pursuant to 49 CFR part 541, LDT lines that 
NHTSA has 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 NHTSA has exempted from the theft prevention 
standard. Appendix A to part 541 identifies those LDT lines subject to 
the theft prevention standard beginning in a given model year. Appendix 
A-I to part 541 lists those vehicle lines that NHTSA has exempted from 
the theft prevention standard.
    For MY 2018, 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.
    For MY 2018, 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 Acura MDX, BMW X2, 
Chevrolet Volt, Ford EcoSport, Jeep Wrangler, Kia Niro, Land Rover F-
Pace, Mitsubishi Eclipse Cross, Nissan Kicks, Lexus NX, and the 
Volkswagen Atlas.
    The agency is removing the Nissan Versa Note from the appendix A-1 
listing because it was erroneously identified in appendix A-1 of the 
October 23, 2018 final rule. (See 83 FR 53396). Each year the agency 
also amends the appendices to part 542 to remove vehicle lines that 
have not been manufactured in over 5 years. We believe that including 
those vehicle lines would be unnecessary. Therefore, the agency is 
removing the Cadillac DTS, Mazda CX-7, Mitsubishi Eclipse, Mitsubishi 
Endeavor, Mitsubishi Galant, Nissan Versa Hatchback, Saab 9-3 and Saab 
9-5 vehicle lines from the appendix A-I listing. However, NHTSA will 
continue to maintain a comprehensive database of all exemptions on our 
website.
    The changes made in this rule are purely informational. The eleven 
vehicle lines that will be added to appendix A-I of part 542 were 
granted exemptions in accordance with the procedures of 49 CFR part 543 
and 49 U.S.C. 33106 and notices of the grants of those exemptions were 
published in the Federal Register. Therefore, NHTSA finds good cause 
under 5 U.S.C. 553(b)(3)(B) that notice and opportunity for comment is 
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) to make amendment made 
by this rule effective on the date this rule is published in the 
Federal Register.

Regulatory Impacts

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rulemaking document was not reviewed by the Office of 
Management and Budget (OMB) under Executive Order (E.O.) 12866. It is 
not considered to be significant under E.O. 12866 or the Department's 
Regulatory Policies and Procedures. The purpose of this final rule is 
to provide information to the public about vehicle lines that must 
comply with the parts marking requirements of NHTSA's theft prevention 
standard and vehicles that NHTSA has exempted from those requirements. 
Since the purpose of the final rule is to inform the public of actions 
NHTSA has already taken, either determining that new lines are subject 
to parts marking requirements or exempting vehicle lines from those 
requirements, the final rule will not impose any new burdens.

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

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warrant consultation with State and local officials or the preparation 
of a federalism summary impact statement. As discussed above, this 
final rule only provides 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 
section 49 U.S.C. 33118, when a Federal 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

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                 Manufacturer                        Subject lines
------------------------------------------------------------------------
BMW..........................................  MINI, MINI Countryman
                                                (MPV), X1 (MPV), X1 Car
                                                Line (2012-2015), X2
                                                \1\, 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, Jeep Grand
                                                Cherokee, Jeep Patriot,
                                                Jeep Wrangler/Wrangler
                                                JK,\2\ Jeep Wrangler
                                                (new),\1\ Town and
                                                Country MPV.
FORD MOTOR CO................................  C-Max, EcoSport,\1\ Edge,
                                                Escape, Explorer,
                                                Fiesta, Focus, Fusion,
                                                Lincoln MKC, Lincoln
                                                MKX, Mustang, Taurus.
GENERAL MOTORS...............................  Buick LaCrosse/Regal,
                                                Buick Verano, Cadillac
                                                ATS, Cadillac CTS,
                                                Cadillac SRX, Cadillac
                                                XTS, Chevrolet Bolt,
                                                Chevrolet Camaro,
                                                Chevrolet Corvette,
                                                Chevrolet Cruze,
                                                Chevrolet Equinox,
                                                Chevrolet Impala/Monte
                                                Carlo, Chevrolet Malibu,
                                                Chevrolet Sonic,
                                                Chevrolet Spark,
                                                Chevrolet Volt,\1\ GMC
                                                Terrain.
HONDA........................................  Accord, Acura MDX,\1\
                                                Acura TL, Civic, CRV,
                                                Pilot.
HYUNDAI......................................  Azera, Equus, Genesis,\3\
                                                IONIQ.
JAGUAR.......................................  F-Type, XE, XF, XJ, XK,
                                                Land Rover Discovery
                                                Sport, Land Rover F-
                                                Pace,\1\ Land Rover LR2,
                                                Land Rover Range Rover
                                                Evoque.
KIA..........................................  Niro.\1\
MASERATI.....................................  Ghibli, Levante (SUV),
                                                Quattroporte.
MAZDA........................................  2, 3, 5, 6, CX-3, CX-5,
                                                CX-9, Fiat 124 Spyder,
                                                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 Cross,\1\ iMiEV,
                                                Lancer, Outlander,
                                                Outlander Sport, Mirage.
NISSAN.......................................  Altima, Cube, Juke, Leaf,
                                                Maxima, Murano, NV200
                                                Taxi, Pathfinder, Quest,
                                                Rogue, Kicks,\1\ Sentra,
                                                Infiniti G (2003-2013),
                                                Infiniti M (2004-2013),
                                                Infiniti Q70, Infiniti
                                                Q50/60, Infiniti QX60.
PORSCHE......................................  911, Boxster/Cayman,
                                                Macan, Panamera.
SUBARU.......................................  Forester, Impreza,
                                                Legacy, B9 Tribeca,
                                                Outback, WRX, XV
                                                Crosstrek/Crosstrek.\4\
SUZUKI.......................................  Kizashi.
TESLA........................................  Model 3, Model S, Model
                                                X.
TOYOTA.......................................  Camry, Corolla,
                                                Highlander, Lexus ES,
                                                Lexus GS, Lexus LS,
                                                Lexus NX,\1\ Lexus RX,
                                                Prius, RAV4, Sienna.
VOLKSWAGEN...................................  Atlas,\1\ Beetle, Eos,
                                                Jetta, Passat, Tiguan,
                                                Audi A3, Audi A4, Audi
                                                A4Allroad MPV, Audi A6,
                                                Audi A8, Audi Q3, Audi
                                                Q5, Audi TT, Golf/Rabbit/
                                                GTI/R32.

[[Page 27208]]

 
VOLVO........................................  S60.
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\1\ Granted an exemption from the parts marking requirements beginning
  with MY 2018.
\2\ Jeep Wrangler (2007-2017) nameplate changed to Jeep Wrangler JK
  beginning with MY 2018.
\3\ Hyundai discontinued use of its parts marking exemption for the
  Genesis vehicle line beginning with the 2010 model year.
\4\ Subaru XV Crosstrek nameplate changed to Crosstrek beginning with MY
  2016.


    Issued in Washington, DC, under authority delegated in 49 CFR 
1.95, 501.5.
Heidi Renate King,
Deputy Administrator.

[FR Doc. 2019-12333 Filed 6-11-19; 8:45 am]
 BILLING CODE 4910-59-P