Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 47847 

* * * * * 

[FR Doc. E8–18946 Filed 8–14–08; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 541 

[Docket No. NHTSA–2008–0049] 

RIN 2127–AK31 

Federal Motor Vehicle Theft Prevention 

Standard; Final Listing of 2009 Light 

Duty Truck Lines Subject to the 

Requirements of This Standard and 

Exempted Vehicle Lines for Model Year 

2009 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: This final rule announces 

NHTSA’s determination that there are 

no new model year (MY) 2009 light duty 

truck lines 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 because 

they have a majority of interchangeable 

parts with those of a passenger motor 

vehicle line. This final rule also 

identifies those vehicle lines that have 

been granted an exemption from the 

parts-marking requirements because the 

vehicles are equipped with antitheft 

devices determined to meet certain 

statutory criteria. 

DATES: Effective Date: The amendment 

made by this final rule is effective 

August 15, 2008. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Rosalind Proctor, Consumer Standards 

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, specifically (1) all lowtheft passenger car lines; (2) all lowtheft 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 manufacturer per model year. The 

final rule was effective September 1, 

2006. The final rule included a phasein provision which required at least 50 

percent of the production volume not 

subject to the current parts marking 

requirements (excluding light duty 

trucks) to have been marked by 

September 1, 2006. The remaining 

production volume not subject to the 

current parts marking requirements 

must have been marked by September 1, 

2007 (see 70 FR 28843, May 19, 2005). 

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 

§ 33106. Section 33106 provides that a 

manufacturer may petition to have a 

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 those vehicle lines that have 

been determined to be high theft 

pursuant to 49 CFR part 541 and those 

that are exempted from the theft 

prevention standard 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. 

On September 26, 2007, the final 

listing of MY 2008 high-theft vehicle 

lines was published in the Federal 

Register (72 FR 54600). The final listing 

identified that there again were no new 

vehicle lines that became subject to the 

theft prevention standard beginning 

with the 2008 model year. For MY 2009, 

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. 

For MY 2009, the list of lines that 

have been exempted by the agency from 

the parts-marking requirements of Part 

541 includes nine vehicle lines newly 

exempted in full. The nine exempted 

vehicle lines are the Hyundai Genesis, 

Mazda 5, Subaru Forester, Jeep 

Wrangler, Chevrolet Equinox, Daimler 

smart USA fortwo, Nissan Rogue, Ford 

Escape, and Audi Q5. 

We note that the agency removes from 

the list being published in the Federal 

Register each year certain vehicles lines 

that have been discontinued more than 

5 years ago. Therefore, the Chevrolet 

Lumina/Monte Carlo (1996–1999) and 

the Chevrolet Malibu (2001–2003) 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. 


sroberts on PROD1PC70 with PROPOSALS
47848 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 

1See 61 FR 4729, February 7, 1996. 

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 or 

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 § 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. 

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. 

■ 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. 33101, 33102, 33103, 

33104, 33105 and 33106; delegation of 

authority at 49 CFR 1.50. 

■ 2. In part 541, 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 

Manufacturer Subject lines 

BMW ................................... MINI. 

X5. 

Z4. 

1 Car Line. 

3 Car Line. 

5 Car Line. 

6 Car Line. 

7 Car Line. 

CHRYSLER ........................ 300C. 

Jeep Grand Cherokee. 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 47849 

Manufacturer Subject lines 

Jeep Wrangler.1

Conquest. 

Town and Country MPV. 

Dodge Charger. 

Dodge Magnum. 

FORD MOTOR CO ............ Escape.1

Ford Five Hundred. 

Ford Focus. 

Lincoln Town Car. 

Mustang. 

Mercury Sable (2001–2004). 

Mercury Grand Marquis. 

Taurus (2000–2004). 

Taurus X. 

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 Equinox.1

Chevrolet Impala/Monte Carlo. 

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. 

HONDA ............................... Acura CL. 

Acura NSX. 

Acura RL. 

Acura TL. 

HYUNDAI ........................... Azera. 

Genesis.3

ISUZU ................................. Axiom. 

JAGUAR ............................. XK. 

MAZDA ............................... 3. 

5.1

6. 

CX–7. 

CX–9. 

MX–5 Miata. 

Millenia. 

DAIMLER 2 .......................... Smart USA Fortwo.1

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 (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. 

Endeavor. 

Galant. 

Diamante. 

NISSAN .............................. Altima. 

Maxima. 

Pathfinder. 

Quest. 

Rogue.1

Sentra. 

Versa 

350Z. 

Infiniti G35. 

Infiniti I30. 

Infiniti J30. 


sroberts on PROD1PC70 with PROPOSALS
47850 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 

Manufacturer Subject lines 

Infiniti M30. 

Infiniti M45. 

Infiniti QX4. 

Infiniti Q45. 

PORSCHE .......................... 911. 

Boxster/Cayman. 

SAAB .................................. 9–3. 

SUBARU ............................. Forester.1

Impreza. 

B9 Tribeca. 

SUZUKI .............................. XL–7. 

TOYOTA ............................. Lexus ES. 

Lexus GS. 

Lexus LS. 

Lexus SC. 

VOLKSWAGEN .................. Audi 5000S. 

Audi A4. 

Audi Allroad. 

Audi A6. 

Audi Q5.1

New Beetle. 

Cabrio. 

Golf/GTI. 

Jetta. 

Passat. 

1Granted an exemption from the parts marking requirements beginning with MY 2009. 

2Formerly known as Mercedes-Benz. 

Issued on: August 11, 2008. 

Nathaniel M. Beuse, 

Office of Crash Avoidance Standards, 

Director. 

[FR Doc. E8–18890 Filed 8–14–08; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XI45 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Snappergrouper Fishery of the South Atlantic; 

Closure of the 2008 Commercial 

Fishery for Golden Tilefish in the 

South Atlantic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

fishery for golden tilefish in the 

exclusive economic zone (EEZ) of the 

South Atlantic. NMFS has determined 

that the quota for the commercial 

fishery for golden tilefish will have been 

reached by August 17, 2008. This 

closure is necessary to protect the 

golden tilefish resource. 

DATES: Closure is effective 12:01 a.m., 

local time, August 17, 2008, until 12:01 

a.m., local time, on January 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Britni Tokotch, telephone 727–824–

5305, fax 727–824–5308, e-mail 

Britni.Tokotch@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. Those regulations 

set the commercial quota for golden 

tilefish in the South Atlantic at 295,000 

lb (133,810 kg) for the current fishing 

year, January 1 through December 31, 

2008. 

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial fishery 

for a species or species group when the 

quota for that species or species group 

is reached, or is projected to be reached, 

by filing a notification to that effect with 

the Office of the Federal Register. Based 

on current statistics, NMFS has 

determined that the available 

commercial quota of 295,000 lb (133,810 

kg) for golden tilefish will be reached on 

or before August 17, 2008. Accordingly, 

NMFS is closing the commercial fishery 

for golden tilefish in the South Atlantic 

EEZ from 12:01 a.m., local time, on 

August 17, 2008, until 12:01 a.m., local 

time, on January 1, 2009. The operator 

of a vessel with a valid commercial 

vessel permit for snapper-grouper 

having golden tilefish aboard must have 

landed and bartered, traded, or sold 

such golden tilefish prior to 12:01 a.m., 

local time, August 17, 2008. 

During the closure, the bag and 

possession limits specified in 50 CFR 

622.39(b) apply to all harvest or 

possession of golden tilefish in or from 

the South Atlantic EEZ, and the sale or 

purchase of golden tilefish taken from 

the EEZ is prohibited. The prohibition 

on sale or purchase does not apply to 

sale or purchase of golden tilefish that 

were harvested, landed ashore, and sold 

prior to 12:01 a.m., local time, August 

17, 2008, and were held in cold storage 

by a dealer or processor. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself has 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 


sroberts on PROD1PC70 with PROPOSALS