

[Federal Register: September 26, 2007 (Volume 72, Number 186)]
[Rules and Regulations]               
[Page 54600-54602]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se07-22]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2007-28497]
RIN 2127-AJ97

 
Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
2008 Light Duty Truck Lines Subject to the Requirements of This 
Standard and Exempted Vehicle Lines for Model Year 2008

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 no new 
model year (MY) 2008 light duty truck lines are subject to the parts-
marking requirements of the Federal motor vehicle theft prevention 
standard because they have been determined by the agency to be high-
theft or that they have a majority of interchangeable parts with those 
of a passenger motor vehicle line. This final rule also identifies 
those vehicle 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.

DATES: Effective Date: The amendment made by this final rule is 
effective September 26, 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer 
Programs Division, Office of International Policy, Fuel Economy and 
Consumer Programs, NHTSA, West Building, 1200 New Jersey Avenue, SE., 
(NVS-131, Room W43-302) Washington, DC 20590. Ms. Proctor's telephone 
number is (202) 366-0846. Her fax number is (202) 493-0073.

SUPPLEMENTARY INFORMATION: On April 6, 2004, the agency published in 
the Federal Register (69 FR 17960) a final rule extending the parts 
marking requirements to certain vehicle lines that were not previously 
subject to these requirements: (1) All low-theft passenger car lines; 
(2) all low-theft multipurpose passenger vehicle (MPV) lines with a 
gross vehicle weight rating (GVWR) of 6,000 pounds or less; and (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 cars or MPVs. The high-theft 
vehicle lines that were previously exempted under 49 CFR Part 543 on 
the grounds that they were equipped with an antitheft device as 
standard equipment were unaffected by the April 2004 final rule. The 
agency also stated that it would continue to grant exemptions for one 
vehicle line per model year. The final rule is effective September 1, 
2006.
    The purpose of the theft prevention standard (49 CFR Part 541) 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 Sec.  33106. 
Section 33106 provides that a manufacturer may petition to have a 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 prevention standard in 
reducing and deterring motor vehicle thefts.
    The agency annually publishes the names of those vehicle lines that 
are exempted from the theft prevention standard for a given model year 
under section 33104. Appendix A to Part 541 identifies those new light-
duty truck lines listed for the first time that will be subject to the 
theft prevention standard beginning in a given model year. Appendix A-I 
to Part 541 identifies those vehicle lines that are or have been 
exempted from the theft prevention standard.
    Beginning September 1, 2006, all passenger cars, all MPVs (with a 
gross vehicle weight rating of 6,000 pounds or less), all light duty 
trucks (with a gross vehicle weight rating of 6,000 pounds or less) 
determined to be high-theft in accordance with 49 CFR 542.1, and all 
low-theft light duty trucks (with a gross vehicle weight rating of 
6,000 pounds or less) having a majority of their interchangeable parts 
with those of a passenger motor vehicle line in accordance with 49 CFR 
542.2 became subject to the parts marking requirements. At least 50 
percent of the production volume not subject to the current parts 
marking requirements (excluding light duty trucks) must have been 
marked by September 1, 2006. The remaining production volume not 
subject to the current parts marking requirements must be marked by 
September 1, 2007 (see 70 FR 28843, May 19, 2005). On April 19, 2006, 
the final listing of MY 2007 high-theft vehicle lines was published in 
the Federal Register (71 FR 20022).
    The final listing identified that there were no new vehicle lines 
that became subject to the theft prevention standard beginning with the 
2007 model year. For MY 2008, there were no new light-duty truck lines 
identified that became subject to the theft prevention standard in 
accordance with the procedures published in 49 CFR Part 542.
    Subsequent to publishing the 2007 final rule, two manufacturers 
petitioned the agency for an exemption from the parts marking 
requirements of the Federal motor vehicle theft prevention standard. 
The agency granted petitions for exemptions to the Ford Motor Company 
for the Five Hundred vehicle

[[Page 54601]]

line and Mitsubishi Motors Corporation for the Eclipse vehicle line, 
all beginning with the 2007 model year.
    For MY 2008, the list of lines that have been exempted by the 
agency from the parts-marking requirements of Part 541 includes ten 
vehicle lines newly exempted in full. The nine exempted vehicle lines 
are the BMW 1, the Dodge Magnum, the Nissan Versa, the Ford Taurus X, 
the Subaru Impreza, the Saturn Aura, the Hyundai Azera, the Mazda CX-9, 
the Mercedes-Benz C-Line Chassis (C-Class/CLK-Class) and the Volkswagen 
New Beetle.
    We note that the agency is removing from the list being published 
in the Federal Register certain vehicles lines that have been 
discontinued more than 5 years ago. Subsequent to publishing the April 
19, 2006 Federal Register notice, the agency was informed that the 
Mazda RX-7 vehicle line was discontinued in MY 1995 and the RX-8 was 
erroneously listed as an exempted vehicle line. Therefore, both vehicle 
lines have been removed from the Appendix A-I listing. The agency will 
continue to maintain a comprehensive database of all exemptions on our 
Web site. 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 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

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993), provides for making determinations whether a 
regulatory action is ``significant'' and therefore subject to Office of 
Management and Budget (OMB) review and to the requirements of the 
Executive Order. 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 are burdens 
will result.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires agencies to evaluate the potential effects of their rules on 
small businesses, small organizations and small governmental 
jurisdictions. I have considered the effects of this rulemaking action 
under the Regulatory Flexibility Act and certify that it would not have 
a significant economic impact on a substantial number of small 
entities. As noted above, the effect of this final rule is only to 
inform the public of agency's previous actions.

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. 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.

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. 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.
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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.

[[Page 54602]]


0
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, 33105; delegation of 
authority at 49 CFR 1.50.


0
2. In Part 541, Appendix A-I is revised. Appendix A-I 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.
                                            X5.
                                            Z4.
                                            1 Car Line.\2\
                                            3 Car Line.
                                            5 Car Line.
                                            6 Car Line.
                                            7 Car Line.
Chrysler \1\..............................  300C.
                                            Jeep Grand Cherokee.
                                            Conquest.
                                            Town and Country MPV.
                                            Dodge Charger.
                                            Dodge Magnum.\2\
Ford Motor Co.............................  Ford Five Hundred.\3\
                                            Ford Focus.
                                            Lincoln Town Car.
                                            Mustang.
                                            Mercury Sable (2001-2004).
                                            Mercury Grand Marquis.
                                            Taurus (2000-2004).
                                            Taurus X.\2\
General Motors............................  Buick Lucerne.
                                            Buick LeSabre.
                                            Buick LaCrosse/Century.
                                            Buick Park Avenue.
                                            Buick Regal/Century.
                                            Cadillac DTS/Deville.
                                            Cadillac STS/Seville.
                                            Chevrolet Cavalier.
                                            Chevrolet Classic.
                                            Chevrolet Cobalt.
                                            Chevrolet Corvette.
                                            Chevrolet Impala/Monte
                                             Carlo.
                                            Chevrolet Lumina/Monte Carlo
                                             (1996-1999).
                                            Chevrolet Malibu (2001-
                                             2003).
                                            Chevrolet Malibu/Malibu
                                             Maxx.
                                            Chevrolet Uplander.
                                            Chevrolet Venture (2002-
                                             2004).
                                            Oldsmobile Alero.
                                            Oldsmobile Aurora.
                                            Pontiac Bonneville.
                                            Pontiac G6.
                                            Pontiac Grand Am.
                                            Pontiac Grand Prix.
                                            Pontiac Sunfire.
                                            Saturn Aura.\2\
Honda.....................................  Acura CL.
                                            Acura NSX.
                                            Acura RL.
                                            Acura TL.
Hyundai...................................  Azera.
Isuzu.....................................  Axiom.
Jaguar....................................  XK.
Mazda.....................................  3.
                                            6.
                                            CX-7.
                                            CX-9.\2\
                                            MX-5 Miata.
                                            Millenia.
Mercedes-Benz.............................  SL-Class (the models within
                                             this line are):
                                            300SL.
                                            500SL.
                                            600SL.
                                            SL500.
                                            SL550.
                                            SL600.
                                            SL55.
                                            SL65.
                                            S-Class/CL-Class (the models
                                             within this line are):
                                            S450.
                                            S500.
                                            S550.
                                            S600.
                                            S55.
                                            S65.
                                            CL500.
                                            CL600.
                                            CL55.
                                            CL65.
                                            C-Class/CLK-Class \2\ (the
                                             models within this line
                                             are):
                                            C240.
                                            C300.
                                            C350.
                                            CLK 350.
                                            CLK 550.
                                            CLK 63AMG.
                                            E-Class/CLS Class (the
                                             models within this line
                                             are):
                                            E320/E320DT CDi.
                                            E350/E500/E55.
                                            CLS500/CLS55.
Mitsubishi................................  Eclipse.\3\
                                            Endeavor.
                                            Galant.
                                            Diamante.
Nissan....................................  Altima.
                                            Maxima.
                                            Pathfinder.
                                            Quest.
                                            Sentra.
                                            Versa.\2\
                                            350Z.
                                            Infiniti G35.
                                            Infiniti I30.
                                            Infiniti J30.
                                            Infiniti M30.
                                            Infiniti M45.
                                            Infiniti QX4.
                                            Infiniti Q45.
Porsche...................................  911.
                                            Boxster/Cayman.
Saab......................................  9-3.
Subaru....................................  Impreza.\2\
                                            B9 Tribeca.
Suzuki....................................  XL-7.
Toyota....................................  Lexus GS.
                                            Lexus LS.
                                            Lexus SC.
Volkswagen................................  Audi 5000S.
                                            Audi A4.
                                            Audi Allroad.
                                            A6.
                                            New Beetle.\2\
                                            Cabrio.
                                            Golf/GTI.
                                            Jetta.
                                            Passat.
------------------------------------------------------------------------
\1\ Formerly known as DaimlerChrysler.
\2\ Granted an exemption from the parts marking requirements beginning
  with MY 2008.
\3\ Granted an exemption from the parts marking requirements beginning
  with MY 2007.


    Issued on: September 20, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
 [FR Doc. E7-18971 Filed 9-25-07; 8:45 am]

BILLING CODE 4910-59-P
