[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15390-15394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8358]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. 96-17; Notice 01]
RIN: 2127-AG34
Federal Motor Vehicle Theft Prevention Standard; Final Listing of
Model Year 1997 High-Theft Vehicle Lines
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
[[Page 15391]]
ACTION: Final rule.
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SUMMARY: This final rule announces NHTSA's determination, for Model
Year (MY) 1997, of high-theft vehicle lines that will be subject to the
parts-marking requirements of the Federal motor vehicle theft
prevention standard and high-theft lines that will be exempted from the
parts-marking requirements because the vehicles are equipped with
agency-approved antitheft devices, pursuant to the statute relating to
motor vehicle theft prevention.
EFFECTIVE DATE: The amendment made by this final rule is effective
April 8, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Motor Vehicle
Theft Group, Office of Planning and Consumer Programs, NHTSA, 400
Seventh Street, S.W., Washington, D.C. 20590. Ms. Proctor's telephone
number is (202) 366-0846. Her fax number is (202) 493-2739.
SUPPLEMENTARY INFORMATION: The ``Anti Car Theft Act of 1992'' amended
the law relating to the parts-marking of major component parts on
designated high-theft vehicle lines and other motor vehicles. One
amendment made by the Anti Car Theft Act was to 49 U.S.C. 33101(10),
where the definition of ``passenger motor vehicle'' now includes a
``multipurpose passenger vehicle or light duty truck when that vehicle
or truck is rated at not more than 6,000 pounds gross vehicle weight.''
Since ``passenger motor vehicle'' was previously defined to include
passenger cars only, the effect of the Anti Car Theft Act is that
certain multipurpose passenger vehicle (MPV) and light-duty truck (LDT)
lines may be determined to be high-theft vehicles, subject to the
Federal motor vehicle theft prevention standard (49 CFR Part 541).
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 selected as high-theft.
Another amendment made by the Anti Car Theft Act was to 49 U.S.C.
33103. This section required NHTSA to promulgate a parts-marking
standard applicable to major parts installed by manufacturers of
``passenger motor vehicles (other than light duty trucks) in not to
exceed one-half of the lines not designated under section 33104 as
high-theft lines.'' NHTSA published the final rule amending 49 CFR Part
541, which now includes the definitions of MPV and LDT, and major
component parts. (See 59 F.R. 64164, December 13, 1995). In carrying
out section 33103, NHTSA reviewed theft rates of the 231 vehicle lines
that were listed in the 1990/91 theft rate data. (See 59 F.R. 12400,
March 16, 1994) A total of 116 vehicle lines (any line rated a number
116 or lower) was in the eligible pool of lines potentially subject to
parts-marking pursuant to section 33103.
Pursuant to the statutory mandate, NHTSA removed all light-duty
truck lines from the eligible pool. Section 33103(a) further directs
NHTSA to select only lines ``not designated under section 33104 of this
title as high theft lines.'' Thus, the agency removed any passenger
motor vehicle line that NHTSA had previously determined to be high
theft. After removing the ineligible lines, the agency determined that
there were 57 lines below the median still eligible for selection under
section 33103. Out of the 57 below-median lines left, the agency
designated the 45 lines with the highest theft rates to be marked
pursuant to section 33103 and section 33104(a)(1)(C).
49 U.S.C. 33104(a)(3) specifies that NHTSA shall select high-theft
vehicle lines with the agreement of the manufacturer, if possible.
Section 33104(d) provides that once a line has been designated as
likely high-theft, it remains subject to the Theft Prevention Standard
unless that line is exempted under Section 33106. Section 33106
provides that a manufacturer may petition to have a high-theft 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 the lines that were
previously listed as high-theft and the lines that are being listed for
the first time and will be subject to the Theft Prevention Standard
beginning with MY 1997. It also identifies those lines that are
exempted from the Theft Prevention Standard for the 1997 model year
because of standard equipment antitheft devices.
For MY 1997, the agency selected nine new vehicle lines as likely
to be high-theft lines, in accordance with the procedures published in
49 CFR Part 542. Of these newly selected lines, six have been exempted
by the agency from the parts-marking requirements of Part 541. The
three lines that have not been exempted are the Honda Passport, Honda
CRV, and Toyota RAV4. In addition to these newly selected lines, 45
existing vehicle lines were added that fell below the median. Further,
this listing of high-theft vehicles includes all those lines that were
selected as high-theft and listed for prior model years.
The list of lines that have been exempted by the agency from the
parts-marking requirements of Part 541 includes high-theft lines newly
exempted in full beginning with MY 1997. The six vehicle lines newly
exempted in full are the BMW 5 Car Line, General Motors Chevrolet
Cavalier, Honda Acura CLX, Jaguar XK8, Nissan Infiniti QX4, and
Volkswagen Passat.
Volkswagen also informed the agency that the MY 1996 final rule (60
FR 36231) listing of high-theft car lines inadvertently omitted from
Appendix A-I the following six lines: the Volkswagen Cabrio, the Jetta
III, the Audi Cabriolet, the Audi A6, S4, and S6. Further, Toyota
requested that the agency delete in the Appendix A-I listing: the
``Lexus ES 250,'' the ``Lexus LS 400'' and the ``Lexus SC300.'' These
lines will now be listed as the ``Lexus ES,'' the ``Lexus LS,'' and the
``Lexus SC.'' Additionally, the ``Lexus GS'' which was inadvertently
left off the listing published for MY 1996 is now added to this
listing. Finally, three lines were introduced after the final rule
listing of MY 1996 high-theft lines was published. These lines are
subject to the marking requirements of the Theft Prevention Standard,
the BMW Z3, the Porsche Boxster, and the Suzuki X90. The Porsche
Boxster received an exemption for the 1996 model year. The updated list
reflects this information.
Furthermore, this final rule responds to comments received from
Porsche Cars North America, Inc. (Porsche) and Subaru of America, Inc.
(Subaru), each requesting that one car line be deleted from the list
because it is no longer being produced. Those lines are the Porsche 944
and the Subaru XT. The Porsche 944 will be deleted from Appendix B of
49 CFR Part 541, since it was not covered prior to MY 1997 and it has
not been produced since MY 1991.
[[Page 15392]]
The agency understands Subaru's reasons for requesting deletion of
the XT from the list of vehicles subject to the parts-marking
requirements of the Theft Prevention Standard. However, NHTSA cannot
delete the Subaru XT from the list because it has been covered by the
Theft Prevention Standard since MY 1987. Pursuant to 49 U.S.C.
Sec. 33104(d), a vehicle line on the list of lines subject to parts-
marking cannot be removed from that list unless the manufacturer has
obtained an exemption from the parts-marking requirement based on the
installation of a qualified antitheft device as standard equipment on
the entire line.
The vehicles listed as being subject to the parts-marking standard
have previously been selected as high-theft lines in accordance with
the procedures set forth in 49 CFR Part 542. Under these procedures,
manufacturers evaluate new vehicle lines to conclude whether those new
lines are likely to be high theft. Manufacturers submit these
evaluations and conclusions to the agency, which makes an independent
evaluation and, on a preliminary basis, determines whether the new line
should be subject to the parts-marking requirements. NHTSA informs the
manufacturer in writing of its evaluations and determinations and the
factual information considered by the agency in making them. The
manufacturer may request the agency to reconsider the preliminary
determinations. Within 60 days of the receipt of these requests, the
agency makes its final determination. NHTSA informs the manufacturer by
letter of these determinations and its response to the request for
reconsideration. If there is no request for reconsideration, the
agency's determination becomes final 45 days after sending the letter
with the preliminary determination. Each of the new lines on the high-
theft list was the subject of a final determination either with section
33103 or section 33104.
Similarly, the lines listed as being exempt from the standard have
previously been exempted in accordance with the procedures of 49 CFR
Part 543 and section 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 and is unnecessary since the selections and
exemptions have previously been made in accordance with the statutory
criteria and procedure.
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
1. Costs and Other Impacts
NHTSA has analyzed this rule and determined that it is not
``significant'' within the meaning of the Department of
Transportation's regulatory policies and procedures. The agency has
also considered this notice under Executive Order 12866. As already
noted, the selections in this final rule have previously been made in
accordance with the provisions of 49 U.S.C. 33104, and the
manufacturers of the selected lines have already been informed that
those lines are subject to the requirements of 49 CFR Part 541 for MY
1997. Further, this listing does not actually exempt lines from the
requirements of 49 CFR Part 541; it only informs the general public of
all such previously granted exemptions. Since the only purpose of this
final listing is to inform the public of prior agency actions for MY
1997, a full regulatory evaluation has not been prepared.
2. Regulatory Flexibility Act
The agency has also considered the effects of this listing under
the Regulatory Flexibility Act. I hereby certify that this rule will
not have a significant economic impact on a substantial number of small
entities. As noted above, the effect of this final rule is simply to
inform the public of those lines that are subject to the requirements
of 49 CFR Part 541 for MY 1997. The agency believes that the listing of
this information will not have any economic impact on small entities.
3. Environmental Impacts
In accordance with the National Environmental Policy Act of 1969,
the agency has considered the environmental impacts of this rule, and
determined that it will not have any significant impact on the quality
of the human environment.
4. Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this final rule does not have sufficient Federalism implications
to warrant the preparation of a Federalism Assessment.
5. Civil Justice Reform
This final rule does not have a retroactive 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.
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]
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.
2. In Part 541, Appendices A, A-I and A-II are revised to read as
follows:
Appendix A to Part 541--Lines Subject to the Requirements of This
Standard
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Manufacturer Subject lines
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Alfa Romeo................... Milano 161, 164.
BMW.......................... Z3,1 3 Car Line, 6 Car Line.
[[Page 15393]]
Chrysler..................... Chrysler Cirrus, Chrysler Executive,
Sedan/Limousine, Chrysler Fifth Avenue/
Newport, Chrysler Laser, Chrysler
LeBaron/Town & Country, Chrysler LeBaron
GTS, Chrysler's TC, Chrysler New Yorker
Fifth Avenue, Chrysler Sebring, Chrysler
Town & Country,2 Dodge 600, Dodge Aries,
Dodge Avenger, Dodge Colt, Dodge
Daytona, Dodge Diplomat, Dodge Lancer,
Dodge Neon, Dodge Ramcharger (MPV),2
Dodge Ram Wagon/Van B-150,2Dodge Shadow,
Dodge Spirit,2 Dodge Stratus, Dodge
Stealth, Eagle Summit, Eagle Talon, Jeep
Cherokee (MPV),2 Jeep Wrangler (MPV), 2
Plymouth Acclaim,2 Plymouth Caravelle,
Plymouth Colt, Plymouth Laser, Plymouth
Gran Fury, Plymouth Neon, Plymouth
Reliant, Plymouth Sundance, Plymouth
Breeze.
Consulier.................... Consulier GTP.
Ferrari...................... Mondial 8, 308, 328.
Ford......................... Aspire,2 Crown Victoria,2 Ford Escort,2
Ford Mustang, Ford Probe, Ford Taurus,2
Ford Tempo,2 Ford Thunderbird, Lincoln
Continental, Lincoln Mark, Mercury
Capri, Mercury Cougar, Mercury Grand
Marquis,2 Mercury Sable,2 Mercury
Tracer,2 Mercury Topaz,2 Merkur Scorpio,
Merkur XR4Ti.
General Motors............... Buick Century,2 Buick Electra, Buick
Reatta, Buick Skylark,2 Chevrolet Astro
(MPV),2 Chevrolet Beretta,2 Chevrolet
Caprice,2 Chevrolet Corsica,2 Chevrolet
C-1500 Pickup,2 Chevrolet Lumina APV
(MPV),2 Chevrolet Monte Carlo (MYs 1987-
88), Chevrolet Nova, Chevrolet Blazer
(MPV),2 Chevrolet S-10 Pickup,2 GEO
Tracker (MPV),2 GEO Storm, GMC Jimmy
(MPV),2 GMC Safari (MPV),2 GMC Sonoma
Pickup,2 GMC Sierra 1500 Pickup,2
Oldsmobile Achieva,2 Oldsmobile
Bravada,2 Oldsmobile Cutlass Ciera,2
Oldsmobile Cutlass Supreme, Pontiac
Fiero, Pontiac Grand Am,2 Pontiac Grand
Prix, Pontiac Sunfire,2 Saturn Sports
Coupe.
Honda........................ Accord,2 Civic,2 CRV (MPV),2 Passport,2
Prelude,2 Acura Integra,2 TL.
Hyundia...................... Accent, Excel,2 Scoupe,2 Sonata2.
Isuzu........................ Impulse, Rodeo,2 Stylus, Trooper/Trooper
II2.
Jaguar....................... XJ, XJ-6, XJ-40.
Lotus........................ Elan.
Maserati..................... Biturbo, Quattroporte, 228.
Mazda........................ GLC, 626, MX-6, MX-5 Miata, MX-3.
Mercedes-Benz................ 190 D, 190 E, 250D-T, 260 E, 300 SE, 300
TD, 300 SDL, 300 SEC/500 SEC, 300 SEL/
500 SEL, 420 SEL, 560 SEL, 560 SEC.
Mitsubishi................... Cordia, Eclipse, Mirage, Montero (MPV),2
MPV,2 Pickup,2 Tredia, 3000GT.
Nissan....................... 240SX,2 Maxima, Pathfinder,2 Sentra,2
Stanza/Altima2.
Peugeot...................... 405.
Porsche...................... 924S.
Subaru....................... XT, SVX, Legacy.
Suzuki....................... X90 1, Samurai (MPV),2 Sidekick (MPV) 2.
Toyota....................... 4-Runner (MPV),2 Avalon, Camry, Celica,
Corolla/Corolla Sport, MR,2 RAV4 (MPV),2
Starlet, Tercel 2.
Volkswagen................... Audi Quattro, Rabbit, Scirocco.
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\1\ Lines added for MY 1996.
\1\ Lines added for MY 1997.
Appendix A-1---High-Theft 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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Austin Rover................. Sterling.
BMW.......................... 5 Car Line,\2\ 7 Car Line, 8 Car Line.
Chrysler..................... Chrysler Conquest, Imperial.
General Motors............... Buick Regal, Buick Riviera, Cadillac
Allante, Chevrolet Cavalier\2\,
Chevrolet Corvette, Chevrolet Lumina/
Monte Carlo, Oldsmobile Aurora,
Oldsmobile Toronado.
Honda........................ Acura CLX,\2\ Acura Legend, Acura NS-X,
Acura Vigor.
Isuzu........................ Impulse (MYs 1987-1991).
Jaguar....................... XK8 \2\.
Mazda........................ 929, RX-7, Millenia, Amati 1000.
Mercedes-Benz................ 124 Car Line (the models within this line
are): 300D, 300E, 300CE, 300TE, 400E,
500E; 129 Car Line (the models within
this line are): 300SL, 500SL, 600SL; 202
Car Line, C-Class.
Mitsubishi................... Galant, Starion, Diamante.
Nissan....................... 300ZX, Infiniti M30, Infiniti QX4,\2\
Infiniti Q45, Infiniti J30, Infiniti I.
Porsche...................... 911 928, 968, Boxster \1\
Saab......................... 900, 9000.
Toyota....................... Supra, Cressida, Lexus ES, Lexus GS,
Lexus LS, Lexus SC.
Volkswagen................... Audi 5000S, Audi 100, Audi 200, Audi A6,
Audi S4, Audi S6, Audi Cabriolet,
Volkswagen Cabrio, Volkswagen Corrado,
Volkswagen Golf/GTI, Volkswagen
Passat,\2\ Volkswagen Jetta/Jetta III.
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\1\ Exempted in full beginning with MY 1996.
\2\ Exempted in full beginning with MY 1997.
Appendix A-II to Part 541--High-Theft Lines With Antitheft Devices Which Are Exempted in Part From the Parts-
Marking Requirements of This Standard Pursuant to 49 CFR Part 543
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Manufacturers Subject lines Parts to be marked
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General Motors........................... Buick LeSabre.............. Engine, Transmission.
[[Page 15394]]
Buick Park Avenue.......... Engine, Transmission.
Cadillac Deville........... Engine, Transmission.
Cadillac Eldorado.......... Engine, Transmission.
Cadillac Seville........... Engine, Transmission.
Cadillac Sixty Special \1\. Engine, Transmission.
Oldsmobile 98.............. Engine, Transmission.
Pontiac Bonneville......... Engine, Transmission.
Pontiac Firebird........... Engine, Transmission.
Chevrolet Camaro........... Engine, Transmission.
Oldsmobile 88 Royale....... Engine, Transmission.
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\1\ Renamed the Cadillac Concours beginning with MY 1994.
Issued on: April 1, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-8358 Filed 4-5-96; 8:45 am]
BILLING CODE 4910-59-P
