[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Rules and Regulations]
[Pages 28110-28114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13159]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. NHTSA-99-5416]
RIN 2127-AH36
Federal Motor Vehicle Theft Prevention Standard; Final Listing of
Model Year 2000 High-Theft Vehicle Lines
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 for model year
(MY) 2000 high-theft vehicle lines that are subject to the parts-
marking requirements of the Federal motor vehicle theft prevention
standard, and high-theft lines that are exempted from the parts-marking
requirements because the vehicles are equipped with antitheft devices
determined to meet certain statutory criteria for MY 2000, pursuant to
the statute relating to motor vehicle theft prevention.
EFFECTIVE DATE: The amendment made by this final rule is effective May
25, 1999.
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,'' P. L.
102-519, amended the law relating to the parts-marking of major
component parts on designated high-theft vehicle lines and other motor
vehicles. The Anti Car Theft Act amended the definition of ``passenger
motor vehicle'' in 49 U.S.C. Sec. 33101(10) to include 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.
The Anti Car Theft Act also amended 49 U.S.C. Sec. 33103 to require
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 49 U.S.C. Sec. 33104 as high-theft lines.'' Section
33103(a) further directed NHTSA to select only lines not designated
under Sec. 33104 of this title as high theft lines. NHTSA lists each of
these selected lines in Appendix B to Part 541. Since Sec. 33103 did
not specify marking of replacement parts for below-median lines, the
agency does not require marking of replacement parts for these lines.
NHTSA published a final rule amending 49 CFR Part 541 to include the
definitions of MPV and LDT, and major component parts. See 59 F.R.
64164, December 13, 1995.
49 U.S.C. Sec. 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 Sec. 33106.
Section 33106 provides that a manufacturer may petition to have a high-
theft line exempted from the requirements of Sec. 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
[[Page 28111]]
prevention standard in reducing and deterring motor vehicle thefts.
The agency annually publishes the names of the lines which were
previously listed as high-theft, and the lines which are being listed
for the first time and will be subject to the theft prevention standard
beginning in a given model year. It also identifies those lines that
are exempted from the theft prevention standard for a given model year
under Sec. 33104. This listing also identifies those lines (except
light-duty trucks) in Appendix B to Part 541 that have theft rates
below the 1990/1991 median theft rate but are subject to the
requirements of this standard under Sec. 33103.
On July 15, 1998, the final listing of high-theft lines for the MY
1999 vehicle lines was published in the Federal Register (63 FR 38096).
The final listing identified four vehicle lines that were listed for
the first time and became subject to the theft prevention standard
beginning with the 1999 model year.
Subsequent to publishing the MY 1999 listing, the agency was also
informed that six vehicle lines, the Chrysler Executive Sedan/
Limousine, the Ferrari 308, the Mazda GLC, the Suzuki Samarai, the
Toyota Starlet and the Volkswagen Rabbit ceased production prior to
becoming subject to the theft prevention standard. Therefore, these
lines have been deleted from Appendix A of this listing. Additionally,
prior to this listing, Jaguar Cars informed the agency that the XJ40
nameplate was used only as a bodystyle codename for the XJ line prior
to introduction of the vehicle. Jaguar Cars also informed the agency
that the XJ6 nameplate erroneously listed in Appendix A should also be
deleted because it represents a six-cylinder model of the XJ car line
and not a new vehicle line. Therefore, the Jaguar XJ40 and XJ6 vehicle
nameplates have been deleted from Appendix A of this listing.
For MY 2000, the agency identified five new vehicle lines that are
likely to be high-theft lines, in accordance with the procedures
published in 49 CFR Part 542. The new lines are the Daewoo Nubira, the
Daewoo Korando (MPV), the Honda S2000, the Nissan Xterra (MPV) and the
Toyota Echo. In addition to these five vehicle lines, the list of high-
theft vehicle lines includes all lines previously designated 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 2000. The three vehicle lines newly
exempted in full are the Ford Taurus, the General Motors Pontiac Grand
Am and the Nissan Altima. Additionally, three petitions for
modifications to existing antitheft systems installed in lines
partially exempted by the agency were granted full exemptions from the
parts-marking requirements. Beginning with MY 2000, the three partially
exempted lines, the General Motors Buick LeSabre, Cadillac Deville and
Pontiac Bonneville are exempted from the parts-marking requirements in
full. Additionally, subsequent to publishing the MY 1999 listing of
high-theft and exempted lines, the agency granted the Ford Motor
Company an exemption from the parts-marking requirements of the theft
prevention standard for its Mustang car line beginning with the 1999
model year. Therefore, the Ford Mustang car line has been added to
Appendix A-I of this listing. Furthermore, Appendix A-I has been
amended to reflect a nameplate change for the General Motors Chevrolet
Lumina/Monte Carlo car line. The Chevrolet Lumina/Monte Carlo nameplate
has been changed to Chevrolet Impala/Monte Carlo beginning with MY
2000.
Additionally, the agency became aware that ten vehicle lines, the
Ferrari Testarossa, the Ford Festiva, the General Motors' Chevrolet
Celebrity, Chevrolet Sprint and Oldsmobile Custom Cruiser, the Mazda
Navajo, the Nissan Axxess, the Porsche 944, the Volvo 760 and the
Volkswagen Fox ceased production prior to becoming subject to the theft
prevention standard in MY 1997. Therefore, these lines have been
deleted from Appendix B of this listing. The Land Rover Range Rover
(MPV) has also been removed from Appendix B because it is rated at more
than 6,000 pounds gross vehicle weight.
The vehicle lines listed as being subject to the parts-marking
standard have previously been designated 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. The manufacturer
submits 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, together with 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 has been the subject of a final
determination under either 49 U.S.C. Sec. 33103 or Sec. 33104.
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. Sec. 33106.
Similarly, the low-theft lines listed as being subject to the
parts-marking standard have previously been designated in accordance
with the procedures set forth in 49 U.S.C. Sec. 33103.
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
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. Sec. 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
2000. 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 actions for MY 2000 that the
agency has already taken, a full regulatory evaluation has not been
prepared.
2. Regulatory Flexibility Act
The agency has also considered the effects of this listing under
the
[[Page 28112]]
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 already subject to the
requirements of 49 CFR Part 541 for MY 2000. 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. Sec. 33117 provides that judicial review of
this rule may be obtained pursuant to 49 U.S.C. Sec. 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, A-II and B are revised.
Appendices A, A-I, A-II and B 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.
6 Car Line.
CHRYSLER.................................. Chrysler Cirrus.
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.
Dodge 600.
Dodge Aries.
Dodge Avenger.
Dodge Colt.
Dodge Daytona.
Dodge Diplomat.
Dodge Lancer.
Dodge Neon.
Dodge Shadow.
Dodge Stratus.
Dodge Stealth.
Eagle Summit.
Eagle Talon.
Jeep Cherokee (MPV).
Jeep Grand Cherokee (MPV).
Jeep Wrangler (MPV).
Plymouth Caravelle.
Plymouth Colt.
Plymouth Laser.
Plymouth Gran Fury.
Plymouth Neon.
Plymouth Reliant.
Plymouth Sundance.
Plymouth Breeze.
CONSULIER................................. Consulier GTP.
DAEWOO.................................... Korando (MPV).\1\
Nubira.\1\
FERRARI................................... Mondial 8.
328.
FORD...................................... Ford Aspire.
Ford Escort.
Ford Probe.
Ford Thunderbird.
Lincoln Continental.
Lincoln Mark.
Lincoln Town Car.
Mercury Capri.
Mercury Cougar.
Merkur Scorpio.
Merkur XR4Ti.
GENERAL MOTORS............................ Buick Electra.
Buick Reatta.
Buick Skylark.
Chevrolet Malibu.
Chevrolet Nova.
Chevrolet Blazer (MPV).
Chevrolet Prizm.
Chevrolet Venture (MPV).\2\
Chevrolet S-10 Pickup.
Geo Storm.
Chevrolet Tracker (MPV).
GMC Jimmy (MPV).
GMC Safari (MPV).
GMC Sonoma Pickup.
Oldsmobile Achieva (MYs 1997-
1998).\3\
Oldsmobile Bravada.
Oldsmobile Cutlass.
Oldsmobile Cutlass Supreme
(MYs 1988-1997).\4\
Oldsmobile Intrigue.
Pontiac Fiero.
Pontiac Grand Prix.
Saturn Sports Coupe.
HONDA..................................... Accord.
CRV (MPV).
Odyssey (MPV).
Passport.
Prelude.
S2000.\1\
Acura Integra.
HYUNDAI................................... Accent.
Sonata.
Tiburon.
ISUZU..................................... Amigo.
Impulse.
Rodeo.
Stylus.
Trooper/Trooper II.
VehiCross (MPV).\5\
JAGUAR.................................... XJ.
KIA MOTORS................................ S-II.
LOTUS..................................... Elan.
MASERATI.................................. Biturbo.
Quattroporte 228.
MAZDA..................................... 626.
MX-3.
MX-5 Miata.
MX-6.
MERCEDES-BENZ............................. 190 D.
190 E.
260E (1987-1989).
300 SE (1988-1990).
300 TD (1987).
300 SDL (1987).
300 SEL 420 SEL.
(1987-1990).
560 SEL (1987-1990).
560 SEC (1987-1990).
560 SL.
[[Page 28113]]
MITSUBISHI................................ Cordia.
Eclipse.
Mirage.
Montero (MPV).
Montero Sport (MPV).
Tredia.
3000GT.
NISSAN.................................... 240SX.
Pathfinder.
Sentra/200SX.
Xterra.\1\
PEUGEOT................................... 405.
PORSCHE................................... 924S.
SUBARU.................................... XT.
SVX.
Forester.
Legacy.
SUZUKI.................................... X90.
Sidekick (MYs 1997-1998).\6\
Vitara (MPV).
TOYOTA.................................... Toyota 4-Runner (MPV).
Toyota Avalon.
Toyota Camry.
Toyota Celica.
Toyota Corolla/Corolla
Sport.
Toyota Echo.\1\
Toyota MR2.
Toyota RAV4 (MPV).
Toyota Sienna (MPV).
Toyota Tercel.
Lexus RX300 (MPV).
VOLKSWAGEN................................ Audi Quattro.
Volkswagen Scirocco.
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\1\ Lines added for MY 2000.
\2\ Replaced the Chevrolet Lumina Minivan nameplate beginning with MY
1997.
\3\ Renamed the Oldsmobile Alero beginning with MY 1999.
\4\ Renamed the Oldsmobile Intrigue beginning with MY 1998.
\5\ Line added for MY 1999.
\6\ Renamed the Suzuki Vitara beginning with MY 1999 (includes Vitara
and Grand Vitara models).
Appendix A-I--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
------------------------------------------------------------------------
AUSTIN ROVER.............................. Sterling.
BMW....................................... 3 Car Line.
5 Car Line.
7 Car Line.
8 Car Line.
CHRYSLER.................................. Chrysler Conquest.
Chrysler Imperial.
FORD...................................... Mustang.\1\
Taurus.\2\
GENERAL MOTORS............................ Buick LeSabre.
Buick Park Avenue.
Buick Regal/Century.
Buick Riviera.
Cadillac Allante.
Cadillac Deville.
Cadillac Seville.
Chevrolet Cavalier.
Chevrolet Corvette.
Chevrolet Lumina/Monte Carlo
(MYs 1996-1999).\3\
Oldsmobile Alero.
Oldsmobile Aurora.
Oldsmobile Toronado.
Pontiac Bonneville.
Pontiac Grand Am.\2\
Pontiac Sunfire.
HONDA..................................... Acura CL.
Acura Legend (MYs 1991-
1996).\4\
Acura NSX.
Acura RL.
Acura SLX.
Acura TL.
Acura Vigor (MYs 1992-1995).
ISUZU..................................... Impulse (MYs 1987-1991).
JAGUAR.................................... XK8.
MAZDA..................................... 929.
RX-7.
Millenia.
MERCEDES-BENZ............................. 124 Car Line (the models
within this line are):
260E.
300D.
300E.
300CE.
300TE.
400E.
500E.
129 Car Line (the models
within this line are):
300SL.
500SL.\5\
600SL.\6\
SL320.
SL500.
SL600.
202 Car Line (the models
within this line are):
C220.
C230.
C280.
C36.
C43.
MITSUBISHI................................ Galant.
Starion.
Diamante.
NISSAN.................................... Nissan Altima.\2\
Nissan Maxima.
Nissan 300ZX.
Infiniti I30.
Infiniti J30.
Infiniti M30.
Infiniti QX4.
Infiniti Q45.
PORSCHE................................... 911.
928.
968.
Boxster.
SAAB...................................... 900.
9000.
TOYOTA.................................... Toyota Supra.
Toyota Cressida.
Lexus ES.
Lexus GS.
Lexus LS.
Lexus SC.
VOLKSWAGEN................................ Audi 5000S.
Audi 100/A6.
Audi 200/S4/S6.
Audi Cabriolet.
Volkswagen Cabrio.
Volkswagen Corrado.
Volkswagen Golf/GTI.
Volkswagen Jetta/Jetta III.
Volkswagen Passat.
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\1\ Exempted in full beginning with MY1999.
\2\ Exempted in full beginning with MY 2000.
\3\ Renamed Chevrolet Impala/Monte Carlo beginning with MY 2000.
\4\ Renamed the Acura RL beginning with MY 1997.
\5\ Renamed the SL500 beginning with MY 1994.
\6\ Renamed the SL600 beginning with MY 1994.
[[Page 28114]]
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.......................... Cadillac Eldorado.......... Engine, Transmission.
Cadillac Sixty Special \1\. Engine, Transmission.
Oldsmobile Ninety-Eight.... Engine, Transmission.
Pontiac Firebird........... Engine, Transmission.
Chevrolet Camaro........... Engine, Transmission.
Oldsmobile Eighty-Eight.... Engine, Transmission.
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\1\ Renamed the Cadillac Concours beginning with MY 1994.
Appendix B--Passenger Motor Vehicle Lines (Except Light-Duty Trucks)
With Theft Rates Below the 1990/91 Median Theft Rate, Subject to the
Requirements of This Standard
------------------------------------------------------------------------
Manufacturer Subject lines
------------------------------------------------------------------------
Ford...................................... Crown Victoria.
Mercury Grand Marquis.
Mercury Sable.
General Motors............................ Chevrolet Astro (MPV).
GMC Safari (MPV).
Honda..................................... Civic.
------------------------------------------------------------------------
Issued on May 18, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-13159 Filed 5-24-99; 8:45 am]
BILLING CODE 4910-59-P
