[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Rules and Regulations]
[Pages 47847-47850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18890]


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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.

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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 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 manufacturer per model year. The final rule was 
effective September 1, 2006. The final rule included a phase-in 
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 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 
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.

[[Page 47848]]

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 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.

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, 33104, 33105 and 
33106; delegation of authority at 49 CFR 1.50.

0
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.

[[Page 47849]]

 
                                            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.

[[Page 47850]]

 
                                            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.
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\1\ Granted an exemption from the parts marking requirements beginning
  with MY 2009.
\2\ Formerly 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