Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 29999 

This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). The Commission will send a 

copy of this Report and Order in a 

report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A). 

List of Subjects in 47 CFR part 73 

Radio, Radio broadcasting. 

■ As stated in the preamble, the Federal 

Communications Commission amends 

47 CFR part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

removing Channel 231A and by adding 

Channel 279A at Mount Enterprise. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E9–14843 Filed 6–23–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 541 

[Docket No. NHTSA–2009–0061] 

RIN 2127–AK47 

Federal Motor Vehicle Theft Prevention 

Standard; Final Listing of 2010 Light 

Duty Truck Lines Subject to the 

Requirements of This Standard and 

Exempted Vehicle Lines for Model Year 

2010 

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) 2010 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: This final rule is 

effective June 24, 2009. 

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: The theft 

prevention standard 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 lightduty 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 light-duty truck lines with a 

GVWR of 6,000 pounds or less. 

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 annually to 

have one vehicle line exempted from 

the requirements of § 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 agency annually publishes the 

names of those LDT lines that have been 

determined to be high theft pursuant to 

49 CFR Part 541, those LDT lines that 

have been determined to have major 

parts that are interchangeable with a 

majority of the covered major parts of 

passenger car or MPV lines and those 

vehicle lines that are exempted from the 

theft prevention standard under section 

33104. Appendix A to Part 541 

identifies those LDT lines that are or 

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. 

For MY 2010, 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. Therefore, Appendix A does not 

need to be amended. 

For MY 2010, the list of lines that 

have been exempted by the agency from 

the parts-marking requirements of Part 

541 is amended to include nine vehicle 

lines newly exempted in full. The nine 

exempted vehicle lines are the Dodge 

Journey, GMC Terrain, Mazda Tribute, 

Mercury Mariner, Mitsubishi Lancer, 

Nissan Murano, Porsche Panamera, 

Subaru Outback and Volkswagen Audi 

A3. 

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 Chrysler 

Conquest, Cadillac STS/Seville, 

Mitsubishi Diamante, Infiniti I30, J30, 

M30, QX4, and the Volkswagen Cabrio 

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 

30000 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 

1See 61 FR 4729, February 7, 1996. 

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 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 PARTSMARKING 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. 

Jeep Wrangler. 

Town and Country MPV. 

Dodge Charger. 

Dodge Challenger. 

Dodge Journey 1. 

Dodge Magnum (2008) 2. 

DAIMLER ....... smart USA for two. 

SL-Class (the models within 

this line are): 

300SL. 

500SL. 

600SL. 

SL500. 

SL550. 

SL600. 

SL55. 

SL65. 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 30001 

APPENDIX A–I TO PART 541—LINES

WITH ANTITHEFT DEVICES WHICH

ARE EXEMPTED FROM THE PARTSMARKING REQUIREMENTS OF THIS

STANDARD PURSUANT TO 49 CFR 

PART 543—Continued 

Manufacturer Subject lines 

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. 

FORD 

MOTOR CO.

Escape 

Ford Five-Hundred (2007). 

Ford Focus. 

Lincoln Town Car. 

Mustang. 

Mecury Mariner 1. 

Mercury Grand Marquis. 

Mercury Sable. 

Taurus. 

Taurus X. 

GENERAL 

MOTORS.

Buick Lucerne 

Buick LeSabre. 

Buick LaCrosse/Century. 

Buick Park Avenue (1992– 

2005). 

Buick Regal/Century. 

Cadillac DTS/Deville. 

Chevrolet Camaro. 

Chevrolet Cavalier (1997– 

2005). 

Chevrolet Classic. 

Chevrolet Cobalt. 

Chevrolet Corvette. 

Chevrolet Equinox. 

Chevrolet Impala/Monte 

Carlo. 

Chevrolet Malibu/Malibu 

Maxx. 

GMC Terrain 1. 

Oldsmobile Alero. 

Oldsmobile Aurora. 

Pontiac Bonneville. 

Pontiac G6. 

Pontiac Grand Am. 

Pontiac Grand Prix. 

Pontiac Sunfire. 

Saturn Aura. 

APPENDIX A–I TO PART 541—LINES

WITH ANTITHEFT DEVICES WHICH

ARE EXEMPTED FROM THE PARTSMARKING REQUIREMENTS OF THIS

STANDARD PURSUANT TO 49 CFR 

PART 543—Continued 

Manufacturer Subject lines 

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

Acura NSX. 

Acura RL. 

Acura TL. 

HYUNDAI ....... Azera. 

Genesis. 

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

JAGUAR ........ XK. 

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

5. 

6. 

CX–7. 

CX–9. 

MX–5 Miata. 

Millenia. 

MITSUBISHI .. Eclipse. 

Endeavor. 

Galant. 

Lancer 1. 

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

Maxima. 

Murano 1. 

Pathfinder. 

Quest. 

Rogue. 

Sentra. 

Versa. 

Infiniti G35. 

Infiniti M45. 

Infiniti Q45. 

PORSCHE ..... 911. 

Boxster/Cayman. 

Panamera 1. 

SAAB ............. 9–3. 

SUBARU ........ Forester. 

Impreza. 

B9 Tribeca. 

Outback 1. 

SUZUKI .......... XL–7. 

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

Lexus GS. 

Lexus LS. 

Lexus SC. 

VOLKSWAGEN.Audi 5000S. 

Audi A31. 

Audi A4. 

Audi Allroad. 

Audi A6. 

Audi Q5. 

New Beetle. 

Golf/Rabbit/GTI/R32. 

Jetta. 

Passat. 

1Granted an exemption from the parts 

marking requirements beginning with MY 

2010. 2 Nameplate changed to Dodge Challenger 

beginning with MY 2008. 

Issued on: June 15, 2009. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E9–14371 Filed 6–23–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 090225239–91023–02] 

RIN 0648–AX73 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Amendment 30B Supplement 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

resolve an error contained in the rule to 

implement Amendment 30B to the 

Fishery Management Plan for the Reef 

Fish Resources of the Gulf of Mexico 

(FMP) prepared by the Gulf of Mexico 

Fishery Management Council (Council) 

that published in the Federal Register 

on November 18, 2008. The error would 

have implemented a restriction for the 

Edges seasonal-area closure that was not 

intended. This final rule establishes the 

Edges seasonal-area closure consistent 

with the intent of Amendment 30B. 

DATES: This final rule is effective July 

24, 2009. 

ADDRESSES: Copies of the final 

regulatory flexibility analysis (FRFA) for 

Amendment 30B may be obtained from 

Peter Hood, NMFS, Southeast Regional 

Office, 263 13th Avenue South, St. 

Petersburg, FL 33701; telephone 727– 

824–5305; fax 727–824–5308; e-mail 

peter.hood@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood, 727–824–5305. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the FMP. The FMP was 

prepared by the Council and is 

implemented through regulations at 50 

CFR part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

On April 17, 2009, NMFS published 

a proposed rule to correct an error 

contained in the rule to implement 

Amendment 30B and requested public 

comment (73 FR 17812). The error 

contained in the Amendment 30B rule 

would have implemented a longer 

season for the Edges seasonal-area 

closure that was not intended and was 

not supported by Amendment 30B. This 

final rule corrects that error and 

establishes the provisions applicable to