[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Rules and Regulations]
[Pages 48340-48343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18632]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2019-0056]
RIN 2127-AM24


Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
2019 Light Duty Truck Lines Subject to the Requirements of This 
Standard and Exempted Vehicle Lines for Model Year 2019

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 2019 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

[[Page 48341]]

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.

DATES: This final rule is effective August 30, 2021.

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.
    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.
    49 CFR part 543 establishes 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 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 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.
    For MY 2019, 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 ten MY 2019 vehicle lines newly exempted in full. 
The ten exempted vehicle lines are the BMW 8 Series, Ford Lincoln 
Nautilus, GM Cadillac XT4, Honda Passport, Hyundai Genesis G80, Kia 
Stinger, Nissan Infiniti QX50, Subaru Ascent, Toyota Avalon and the 
Jaguar Land Rover Velar. 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. We believe that including those vehicle 
lines would be unnecessary. Therefore, the agency is removing the BMW 1 
Series, Honda Acura TL, Hyundai Genesis, Nissan Cube, Nissan Infiniti 
G, Nissan Infiniti M, Subaru B9 Tribeca, and the Suzuki Kizashi 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 notice are purely informational. The ten 
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 notice effective on the date this notice 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 the Department's 
Regulatory Policies 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

[[Page 48342]]

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 any significant impact on the quality of 
the human environment as it merely informs the public about previous 
agency actions. Accordingly, no environmental assessment is required.

C. 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. 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 Executive Order 12988, ``Civil Justice Reform,'' \3\ 
the agency has considered whether this final rule has any retroactive 
effect. We conclude 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. 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 the Office of 
Management and Budget (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:

PART 541--[AMENDED]

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), X1, X2
                                                (MPV), X3, X4, X5 (MPV),
                                                Z4, 3 Series, 4 Series,
                                                5 Series, 6 Series, 7
                                                Series, 8 Series.\1\
CHRYSLER.....................................  200, 300, Dodge Charger,
                                                Dodge Challenger, Dodge
                                                Dart, Dodge Journey,
                                                Fiat 500, Fiat 124
                                                Spider, Jeep Cherokee,
                                                Jeep Compass, Jeep Grand
                                                Cherokee (MPV), Jeep
                                                Patriot, Jeep Wrangler/
                                                Wrangler JK,\2\ Jeep
                                                Wrangler JL (new),\1\
                                                Town and Country MPV.
FORD MOTOR CO................................  C-Max, EcoSport, Edge,
                                                Escape, Explorer,
                                                Fiesta, Focus, Fusion,
                                                Lincoln MKC, Lincoln
                                                MKX, Lincoln
                                                Nautilus,\1\ Mustang,
                                                Taurus.
GENERAL MOTORS...............................  Buick LaCrosse/Regal,
                                                Buick Verano, Cadillac
                                                ATS, Cadillac CTS,
                                                Cadillac SRX, Cadillac
                                                XTS, Cadillac XT4,\1\
                                                Chevrolet Bolt,
                                                Chevrolet Camaro,
                                                Chevrolet Corvette,
                                                Chevrolet Cruze,
                                                Chevrolet Equinox,
                                                Chevrolet Impala/Monte
                                                Carlo, Chevrolet Malibu,
                                                Chevrolet Sonic,
                                                Chevrolet Spark,
                                                Chevrolet Volt, GMC
                                                Terrain.
HONDA........................................  Accord, Acura MDX, Civic,
                                                CR-V, Passport,\1\
                                                Pilot.
HYUNDAI......................................  Azera, Equus, Genesis
                                                G80,1 3 IONIQ.
JAGUAR.......................................  F-Type, XE, XF, XJ, XK,
                                                Land Rover Discovery
                                                Sport, Land Rover F-
                                                Pace, Land Rover LR2,
                                                Land Rover Range Rover
                                                Evoque, Land Rover
                                                Velar.\1\
KIA..........................................  Niro, Stinger.\1\
MASERATI.....................................  Ghibli, Levante (SUV),
                                                Quattroporte.
MAZDA........................................  2, 3, 5, 6, CX-3, CX-5,
                                                CX-9, 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, E320
                                                BLUETEC, E350 BLUETEC,
                                                E320/E320DT CDi, E350/
                                                E500/E550, E400 HYBRID,
                                                CLS400, CLS500/550,
                                                CLS55 AMG, CLS63 AMG.

[[Page 48343]]

 
MITSUBISHI...................................  Eclipse Cross, iMiEV,
                                                Lancer, Outlander,
                                                Outlander Sport, Mirage.
NISSAN.......................................  Altima, Juke, Leaf,
                                                Maxima, Murano, NV200
                                                Taxi, Pathfinder, Quest,
                                                Rogue, Kicks, Sentra,
                                                Infiniti Q70, Infiniti
                                                Q50/60, Infiniti
                                                QX50,\1\ Infiniti QX60.
PORSCHE......................................  911, Boxster/Cayman,
                                                Macan, Panamera.
SUBARU.......................................  Ascent,\1\ Forester,
                                                Impreza, Legacy,
                                                Outback, WRX, XV
                                                Crosstrek/Crosstrek.\4\
TESLA........................................  Model 3, Model S, Model
                                                X.
TOYOTA.......................................  Avalon,\1\ Camry,
                                                Corolla, Highlander,
                                                Lexus ES, Lexus GS,
                                                Lexus LS, Lexus NX,
                                                Lexus RX, Prius, RAV4,
                                                Sienna.
VOLKSWAGEN...................................  Atlas, Beetle, Eos,
                                                Jetta, Passat, Tiguan,
                                                Audi A3, Audi A4, Audi
                                                A4 Allroad MPV, Audi A6,
                                                Audi A8, Audi Q3, Audi
                                                Q5, Audi TT, Golf/Golf
                                                Sport wagen/eGolf/
                                                Alltrack.
VOLVO........................................  S60.
------------------------------------------------------------------------
\1\ Granted an exemption from the parts marking requirements beginning
  with MY 2019.
\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.


    Issued under authority delegated in 49 CFR 1.95, and 501.5.
Steven S. Cliff,
Acting Administrator.

[FR Doc. 2021-18632 Filed 8-27-21; 8:45 am]
BILLING CODE 4910-59-P