03-16708. Federal Motor Vehicle Theft Prevention Standard; Final Listing of Model Year 2004 High-Theft Vehicle Lines

AGENCY:

National Highway Traffic Safety Administration (NHTSA), Department of Transportation.

ACTION:

Final rule.

SUMMARY:

This final rule announces NHTSA's determination for model year (MY) 2004 high-theft vehicle lines that are subject to the parts-marking requirements of the Federal motor vehicle theft prevention standard, and high-theft MY 2004 lines that are exempted from the parts-marking requirements because the vehicles are equipped with antitheft devices determined to meet certain statutory criteria pursuant to the statute relating to motor vehicle theft prevention.

EFFECTIVE DATE:

The amendment made by this final rule is effective July 2, 2003.

FOR FURTHER INFORMATION CONTACT:

Ms. Rosalind Proctor, Consumer Standards Division, Office of Planning and Consumer Standards, NHTSA, 400 Seventh Street, SW., Washington, DC 20590. Ms. Proctor's telephone number is [phone]. Her fax number is [phone].

SUPPLEMENTARY INFORMATION:

The Anti Car Theft Act of 1992, Pub. 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. 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. 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) is not to exceed one-half of the lines not designated under 49 U.S.C. 33104 as high-theft lines.” Section 33103(a) further directed NHTSA to select only lines not designated under § 33104 of this title as high theft lines. NHTSA lists each of these selected lines in appendix B to part 541. Since § 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 FR 64164, December 13, 1994].

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 § 33106. Section 33106 provides that a manufacturer may petition to have a high-theft line exempted from the requirements of § 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 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 § 33104. Additionally, this listing 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 § 33103.

On July 1, 2002, the final listing of high-theft lines for the MY 2003 vehicle lines was published in the Federal Register (67 FR 44085). The final listing identified five vehicle lines that were listed for the first time and became subject to the theft prevention standard beginning with the 2003 model year.

For MY 2004, the agency identified two 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 Toyota Scion xA and the Scion xB. In addition to these two vehicle lines, the list of high-theft vehicle lines includes all lines previously designated as high-theft and listed for prior model years. Accordingly, appendix A has also been amended to reflect these changes.

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. 33103 or 33104.

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 2004. The two vehicle lines newly exempted in full are the DaimlerChrysler Jeep Grand Cherokee and the Nissan Infiniti M45. Additionally, the agency erroneously omitted the Ford Motor Company's (Ford) Lincoln Town Car from Appendix A-I of the MY 2003 final rule. The agency granted Ford's petition for an exemption of its Lincoln Town Car from the parts-marking requirements of the Federal Motor Vehicle Theft Prevention Standard beginning with the 2003 model year (67 FR 35189, May 17, 2002). Accordingly, appendix A-I has been amended to reflect these changes. 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.

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. 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. 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 2004. 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 2004 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 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 2004. 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 § 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 and A-I are revised. Appendices A and A-I are revised to read as follows:

Appendix A to Part 541—Lines Subject to the Requirements of This Standard

Manufacturer	Subject lines
ALFA ROMEO	Milano 161
	164
BMW	Z3
	Z8
	6 Car Line
CONSULIER	Consulier GTP
DAEWOO	Korando
	Musso (MPV)
	Nubira
DAIMLERCHRYSLER	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 Liberty (MPV)
	Jeep Wrangler (MPV)
	Plymouth Caravelle
	Plymouth Colt
	Plymouth Laser
	Plymouth Gran Fury
	Plymouth Neon
	Plymouth Reliant
	Plymouth Sundance
	Plymouth Breeze
FERRARI	Mondial 8
	328
FORD	Ford Aspire
	Ford Escort
	Ford Probe
	Ford Thunderbird
	Lincoln Continental
	Lincoln Mark
	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 S-10 Pickup
	Geo Storm
	Chevrolet Tracker (MPV)
	GMC Jimmy (MPV)
	GMC Sonoma Pickup
	Oldsmobile Achieva (MYs 1997-1998)
	Oldsmobile Bravada
	Oldsmobile Cutlass
	Oldsmobile Cutlass Supreme (MYs 1988-1997)
	Oldsmobile Intrigue
	Pontiac Fiero
	Saturn Sports Coupe
HONDA	Accord
	CRV (MPV)
	Odyssey (MPV)
	Passport
	Pilot (MPV)
	Prelude
	S2000
	Acura Integra
	Acura MDX (MPV)
	Acura RSX
HYUNDAI	Accent
	Sonata
	Tiburon
ISUZU	Amigo
	Impulse
	Rodeo
	Rodeo Sport
	Stylus
	Trooper/Trooper II
	VehiCross (MPV)
JAGUAR	XJ
KIA MOTORS	Optima
	Rio
	Sephia (1998-2002)
	Spectra
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 (1988-1991)
	300 TD (1987)
	300 SDL (1987)
	300 SEL
	350 SDL (1990-1991)
	420 SEL (1987-1991)
	560 SEL (1987-1991)
	560 SEC (1987-1991)
	560 SL
MITSUBISHI	Cordia
	Eclipse
	Lancer
	Mirage
	Montero (MPV)
	Montero Sport (MPV)
	Tredia
	3000GT
NISSAN	240SX
	Sentra/200SX
	Xterra
PEUGEOT	405
PORSCHE	924S
SUBARU	XT
	SVX
	Baja
	Forester
	Legacy
SUZUKI	Aerio
	X90 (MPV)
	Sidekick (MYs 1997-1998)
	Vitara/Grand Vitara (MPV)
TOYOTA	Toyota 4-Runner (MPV)
	Toyota Avalon
	Toyota Camry
	Toyota Celica
	Toyota Corolla/Corolla Sport
	Toyota Echo
	Toyota Highlander (MPV)
	Toyota Matrix (MPV)
	Toyota MR2
	Toyota MR2 Spyder
	Toyota Prius
	Toyota RAV4 (MPV)
	Toyota Sienna (MPV)
	Toyota Tercel
	Lexus IS300
	Lexus LX470 (MPV)
	Lexus RX300 (MPV)
	Scion xA 1
	Scion xB 1
VOLKSWAGEN	Audi Quattro
	Volkswagen Scirocco
1 Lines added for MY 2004.

Appendix A-1—High-Theft Lines With Antitheft Devices Which Are Exempted From the Parts-Marking Requirement of This Standard Pursuant to 49 CFR Part 543

Manufacturer	Subject lines
AUSTIN ROVER	Sterling
BMW	MINI
	X5
	Z4 2
	3 Car Line
	5 Car Line
	7 Car Line
	8 Car Line
DAIMLERCHRYSLER	Jeep Grand Cherokee 1
	Chrysler Conquest
	Chrysler Imperial
FORD	Lincoln Town Car 2
	Mustang
	Mercury Sable
	Mercury Grand Marquis
	Taurus
GENERAL MOTORS	Buick LeSabre
	Buick Park Avenue
	Buick Regal/Century
	Buick Riviera
	Cadillac Allante
	Cadillac Deville
	Cadillac Seville
	Chevrolet Cavalier
	Chevrolet Corvette
	Chevrolet Impala/Monte Carlo
	Chevrolet Lumina/Monte Carlo (MYs 1996-1999)
	Chevrolet Malibu
	Chevrolet Venture
	Oldsmobile Alero
	Oldsmobie Aurora
	Oldsmobile Toronado
	Pontiac Bonneville
	Pontiac Grand Am
	Pontiac Grand Prix
	Pontiac Sunfire
HONDA	Acura CL
	Acura Legend (MYs 1991-1996)
	Acura NSX
	Acura RL
	Acura SLX
	Acura TL
	Acura Vigor (MYs 1992-1995)
ISUZU	Axiom
	Impulse (MYs 1987-1991)
JAGUAR	XK
MAZDA	6
	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
	600SL
	SL320
	SL500
	SL600
	202 Car Line (the models within this line are):
	C220
	C230
	C280
	C36
	C43
MITSUBISHI	Galant
	Starion
	Diamante
NISSAN	Nissan Altima
	Nissan Maxima
	Nissan Pathfinder
	Nissan 300ZX
	Infiniti G35
	Infiniti I30
	Infiniti J30
	Infiniti M30
	Infiniti M45 1
	Infiniti QX4
	Infiniti Q45
PORSCHE	911
	928
	968
	986 Boxster
SAAB	9-3
	900 (1994-1998)
	9000 (1989-1998)
TOYOTA	Toyota Supra
	Toyota Cressida
	Lexus ES
	Lexus GS
	Lexus LS
	Lexus SC
VOLKSWAGEN	Audi 5000S
	Audi 100/A6
	Audi 200/S4/S6
	Audi Allroad Quattro (MPV)
	Audi Cabriolet
	Volkswagen Cabrio
	Volkswagen Corrado
	Volkswagen Golf/GTI
	Volkswagen Jetta/Jetta III
	Volkswagen Passat
1 Lines exempted in full beginning with MY 2004.
2 Lines exempted in full beginning with MY 2003.

Issued on: June 26, 2003.

Stephen R. Kratzke,

Associate Administrator for Rulemaking.