[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77225-77227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24611]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2023-0003]
RIN 2127-AM59


Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
2021 Light Duty Truck Lines Subject to the Requirements of This 
Standard and Exempted Vehicle Lines for Model Year 2021

AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S. 
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 (MY) 2021 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. Lastly, this final rule identifies vehicle lines that 
have not been manufactured for the United States market in over 5 
years.

DATES: This final rule is effective November 9, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, West 
Building, W43-439, NRM-310, 1200 New Jersey Avenue SE, Washington, DC 
20590. Ms. Ballard's phone number is (202) 366-5222. Her fax number is 
(202) 493-2990.

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.
    The statue at 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.
    The regulations at 49 CFR part 543 establish the process through 
which manufacturers may seek an exemption from the theft prevention 
standard. Manufacturers may request an exemption under 49 CFR 543.6 by 
providing specific information about the antitheft device, its 
capabilities, and the reasons the petitioner believes the device to be 
as effective at reducing and deterring theft as compliance with the 
parts-marking requirements,\1\ or manufacturers may request an 
exemption under a more streamlined process outlined in 49 CFR 543.7 if 
the vehicle line is equipped with an antitheft device (an 
``immobilizer'') as standard equipment that complies with one of the 
standards specified in that section.\2\ If the exemption is sought 
under 49 CFR 543.6, NHTSA publishes a notice of its decision to grant 
or deny the exemption petition in the Federal Register and notifies the 
petitioner in writing. If the petition is sought under section 49 CFR 
543.7, NHTSA notifies the petitioner in writing of the agency's 
decision to grant or deny the exemption petition.
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    \1\ 49 CFR 543.6.
    \2\ 49 CFR 543.7.
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    NHTSA annually publishes the names of LDT lines NHTSA has 
determined to be high theft pursuant to 49 CFR part

[[Page 77226]]

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-I 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 also lists those vehicle lines 
that NHTSA has exempted from the theft prevention standard.

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

    For MY 2021, 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.
    Appendix A-I identifies those vehicle lines that have been exempted 
by the agency from the parts-marking requirements of part 541 and is 
amended to include eight MY 2021 vehicle lines newly exempted in full. 
The eight exempted vehicle lines are the GM Chevrolet Trailblazer, 
Toyota Venza, Mazda CX-30, Jaguar Land Rover I-Pace, Hyundai Sonata 
Hybrid, Ford Bronco Sport, Volkswagen ID.4 and the Honda HR-V. NHTSA 
has either previously granted these exemption requests and published 
the determination in the Federal Register if the exemption was sought 
under 49 CFR 543.6 or has notified the manufacturer of the grant of 
exemption if the exemption was sought under 49 CFR 543.7.
    Each year the agency also amends the appendices to part 541 to 
remove vehicle lines that have not been manufactured for the United 
States market in over 5 years. The agency believes that including those 
vehicle lines in the part 541 appendices would be unnecessary. 
Therefore, the agency is removing the BMW X1, Chrysler 200, Chrysler 
Jeep Patriot, Chrysler Town and Country MPV, GM Buick LaCrosse/Regal, 
GM Cadillac SRX, GM Chevrolet Malibu, Hyundai Azera, Hyundai Equus, 
Mazda 5, Mercedes E320 BLUETEC, Mitsubishi iMiEV, Mitsubishi Lancer, 
Nissan Juke, Nissan Quest and the Volkswagen Eos 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 eight 
vehicle lines that will be added to appendix A-I of part 541 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, or the manufacturer was notified by 
grant letter. Therefore, NHTSA finds good cause under 5 U.S.C. 
553(b)(3)(B) that notice and opportunity for comment on this final rule 
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 the 
amendment made by this rule effective on the date this rule is 
published in the Federal Register.

Regulatory Notices

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 of significant 
note to the Department under DOT Order 2100.6A (``Rulemaking Guidance 
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. 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 a significant impact on the quality of the 
human environment as it merely informs the public about previous agency 
actions.
C. Executive Order 13132 (Federalism)
    The agency has analyzed this rulemaking in accordance with the 
principles and criteria contained in E.O. 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. As discussed above, this final 
rule only provides information to the public about previous agency 
actions.
D. Unfunded Mandates Reform 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.
E. Executive Order 12988 (Civil Justice Reform)
    Pursuant to E. O. 12988, ``Civil Justice Reform,'' \3\ the agency 
has considered whether this final rule has any retroactive effect. The 
agency concludes 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. The statute at 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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    \3\ See 61 FR 4729, February 7, 1996.
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F. Paperwork Reduction Act
    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et 
seq.), Federal agencies must obtain approval from OMB for each 
collection of information they conduct, sponsor, or require through 
regulations. There are no information collection requirements 
associated with this final rule.

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:

[[Page 77227]]

PART 541--FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD

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
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BMW..........................................  MINI, MINI Countryman
                                                (MPV), X1 (MPV), X2
                                                (MPV), X3 (MPV), X4
                                                (MPV), X5 (MPV), Z4, 2
                                                Series, 3 Series, 4
                                                Series, 5 Series, 6
                                                Series, 7 Series, 8
                                                Series.
CHRYSLER.....................................  300, Dodge Charger, Dodge
                                                Challenger, Dodge Dart,
                                                Dodge Journey, Fiat 500,
                                                Fiat 124 Spider, Jeep
                                                Cherokee, Jeep Compass,
                                                Jeep Grand Cherokee
                                                (MPV), Jeep Gladiator,
                                                Jeep Wrangler/Wrangler
                                                JK,\2\ Jeep Wrangler JL.
FORD MOTOR CO................................  Bronco Sport,\1\ C-Max,
                                                EcoSport, Edge, Escape,
                                                Explorer, Fiesta, Focus,
                                                Fusion, Lincoln Corsair,
                                                Lincoln MKC, Lincoln
                                                MKX, Lincoln Nautilus,
                                                Mustang.
GENERAL MOTORS...............................  Buick Encore, Buick
                                                Verano, Cadillac ATS,
                                                Cadillac CTS, Cadillac
                                                XTS, Cadillac XT4,
                                                Chevrolet Bolt,
                                                Chevrolet Camaro,
                                                Chevrolet Corvette,
                                                Chevrolet Cruze,
                                                Chevrolet Equinox,
                                                Chevrolet Impala/Monte
                                                Carlo, Chevrolet Sonic,
                                                Chevrolet Spark,
                                                Chevrolet
                                                Trailblazer,\1\
                                                Chevrolet Volt, GMC
                                                Terrain.
HONDA........................................  Accord, Acura TLX, Acura
                                                MDX, Civic, CR-V, HR-
                                                V,\1\ Passport, Pilot.
HYUNDAI......................................  Genesis G70, Genesis
                                                G80,\3\ IONIQ, Sonata/
                                                Hybrid.\1\
JAGUAR.......................................  F-Type, XE, XF, XJ, Land
                                                Rover Discovery Sport,
                                                Land Rover E-Pace, Land
                                                Rover F-Pace, Land Rover
                                                I-Pace,\1\ Land Rover
                                                Range Rover Evoque, Land
                                                Rover Velar.
KIA..........................................  Niro, Stinger.
MASERATI.....................................  Ghibli, Levante (SUV),
                                                Quattroporte.
MAZDA........................................  2, 3, 6, CX-3, CX-5, CX-
                                                9, CX-30,\1\ MX-5 Miata.
MERCEDES-BENZ................................  smart Line Chassis, smart
                                                USA fortwo.
                                               SL-Line Chassis (SL-
                                                Class), (the models
                                                within this line are):
                                                SL400/SL450, SL550, SL
                                                63/AMG, SL 65/AMG.
                                               SLK-Line Chassis (SLK-
                                                Class/SLC-Class) (the
                                                models within this line
                                                are): SLK 250, SLK 300,
                                                SLK 350, SLK 55 AMG, SLC
                                                300 AMG, SLC 43.
                                               S-Line Chassis (S/CL/S-
                                                Coupe Class/S-Class
                                                Cabriolet/Mercedes
                                                Maybach) (the models
                                                within this line are):
                                                S400 Hybrid, S550, S600,
                                                S63 AMG, S65 AMG,
                                                Mercedes-Maybach S560,
                                                Mercedes-Maybach S650,
                                                CL550, CL600, CL63 AMG,
                                                CL65 AMG.
                                               NGCC Chassis Line (CLA/
                                                GLA/B-Class/A-Class)
                                                (the models within this
                                                line are): A220, B250e,
                                                CLA250, CLA45 AMG,
                                                GLA250, GLA45 AMG.
                                               C-Line Chassis (C-Class/
                                                CLK/GLK-Class/GLC-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, E350
                                                BLUETEC, E320/E320DT
                                                CDi, E350/E500/E550,
                                                E400 HYBRID, CLS400,
                                                CLS500/550, CLS55 AMG,
                                                CLS63 AMG.
MITSUBISHI...................................  Eclipse Cross, Outlander,
                                                Outlander Sport, Mirage.
NISSAN.......................................  Altima, Leaf, Maxima,
                                                Murano, NV200 Taxi,
                                                Pathfinder, Rogue,
                                                Kicks, Sentra, Infiniti
                                                Q70, Infiniti Q50/60,
                                                Infiniti QX50,\5\
                                                Infiniti QX60, Versa.
PORSCHE......................................  911, Boxster/Cayman,
                                                Macan, Panamera, Taycan.
SUBARU.......................................  Ascent, Forester,
                                                Impreza, Legacy,
                                                Outback, WRX, XV
                                                Crosstrek/Crosstrek.\4\
TESLA........................................  Model 3, Model S, Model
                                                X, Model Y.
TOYOTA.......................................  Avalon, Camry, Corolla, C-
                                                HR, Highlander, Lexus
                                                ES, Lexus GS, Lexus LS,
                                                Lexus NX, Lexus RX,
                                                Prius, RAV4, Sienna,
                                                Venza.\1\
VOLKSWAGEN...................................  Atlas, Beetle, ID.4,\1\
                                                Jetta, Passat, Tiguan,
                                                Golf/Golf Sport wagen/
                                                eGolf/Alltrack, Audi A3,
                                                Audi A4, Audi A4Allroad
                                                MPV, Audi A6, Audi A8,
                                                Audi Q3, Audi Q5, Audi
                                                TT.
VOLVO........................................  S60.
------------------------------------------------------------------------
\1\ Granted an exemption from the parts-marking requirements beginning
  with MY 2021.
\2\ Jeep Wrangler (2009-2019) nameplate changed to Jeep Wrangler JK, JK
  discontinued after MY 2018
\3\ Hyundai discontinued use of its parts-marking exemption for the
  Genesis vehicle line beginning with the 2010 model year, line was
  reintroduced as the Genesis G80.
\4\ Subaru XV Crosstrek nameplate changed to Crosstrek beginning with MY
  2016.
\5\ Nissan's QX50 was granted an exemption for MY 2019 and added the
  QX55 SUV model to its line starting with MY 2021.


    Issued under authority delegated in 49 CFR 1.95, and 501.5.
Ann E. Carlson,
Acting Administrator.

[FR Doc. 2023-24611 Filed 11-8-23; 8:45 am]
BILLING CODE 4910-59-P