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Federal Motor Vehicle Theft Prevention Standard; Final Listing of Model Year 2004 High-Theft Vehicle Lines
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 2, 2003 (Volume 68, Number 127)]
[Rules and Regulations]
[Page 39471-39477]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy03-13]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. NHTSA-03-14450]
RIN 2127-AI99
Federal Motor Vehicle Theft Prevention Standard; Final Listing of
Model Year 2004 High-Theft Vehicle Lines
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 for model year
(MY) 2004 high-theft vehicle lines that are subject to the parts-
marking requirements of the Federal motor vehicle theft prevention
standard, and high-theft MY 2004 lines that are exempted from the
parts-marking requirements because the vehicles are equipped with
antitheft devices determined to meet certain statutory criteria
pursuant to the statute relating to motor vehicle theft prevention.
EFFECTIVE DATE: The amendment made by this final rule is effective July
2, 2003.
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer
Standards Division, Office of Planning and Consumer Standards, NHTSA,
400 Seventh Street, SW., Washington, DC 20590. Ms. Proctor's telephone
number is (202) 366-0846. Her fax number is (202) 493-2290.
SUPPLEMENTARY INFORMATION: The Anti Car Theft Act of 1992, Pub. L. 102-
519, amended the law relating to the parts-marking of major component
parts on designated high-theft vehicle lines and
[[Page 39472]]
other motor vehicles. The Anti Car Theft Act amended the definition of
``passenger motor vehicle'' in 49 U.S.C. 33101(10) to include a
``multipurpose passenger vehicle or light duty truck when that vehicle
or truck is rated at not more than 6,000 pounds gross vehicle weight.''
Since ``passenger motor vehicle'' was previously defined to include
passenger cars only, the effect of the Anti Car Theft Act is that
certain multipurpose passenger vehicle (MPV) and light-duty truck (LDT)
lines may be determined to be high-theft vehicles subject to the
Federal motor vehicle theft prevention standard (49 CFR part 541).
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 selected as high-theft.
The Anti Car Theft Act also amended 49 U.S.C. 33103 to require
NHTSA to promulgate a parts-marking standard applicable to major parts
installed by manufacturers of ``passenger motor vehicles (other than
light duty trucks) is not to exceed one-half of the lines not
designated under 49 U.S.C. 33104 as high-theft lines.'' Section
33103(a) further directed NHTSA to select only lines not designated
under Sec. 33104 of this title as high theft lines. NHTSA lists each
of these selected lines in appendix B to part 541. Since Sec. 33103
did not specify marking of replacement parts for below-median lines,
the agency does not require marking of replacement parts for these
lines. NHTSA published a final rule amending 49 CFR part 541 to include
the definitions of MPV and LDT, and major component parts. [See 59 FR
64164, December 13, 1994].
49 U.S.C. 33104(a)(3) specifies that NHTSA shall select high-theft
vehicle lines, with the agreement of the manufacturer, if possible.
Section 33104(d) provides that once a line has been designated as
likely high-theft, it remains subject to the theft prevention standard
unless that line is exempted under Sec. 33106. Section 33106 provides
that a manufacturer may petition to have a high-theft 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 the lines which were
previously listed as high-theft, and the lines which are being listed
for the first time and will be subject to the theft prevention standard
beginning in a given model year. It also identifies those lines that
are exempted from the theft prevention standard for a given model year
under Sec. 33104. Additionally, this listing identifies those lines
(except light-duty trucks) in appendix B to part 541 that have theft
rates below the 1990/1991 median theft rate but are subject to the
requirements of this standard under Sec. 33103.
On July 1, 2002, the final listing of high-theft lines for the MY
2003 vehicle lines was published in the Federal Register (67 FR 44085).
The final listing identified five vehicle lines that were listed for
the first time and became subject to the theft prevention standard
beginning with the 2003 model year.
For MY 2004, the agency identified two new vehicle lines that are
likely to be high-theft lines, in accordance with the procedures
published in 49 CFR part 542. The new lines are the Toyota Scion xA and
the Scion xB. In addition to these two vehicle lines, the list of high-
theft vehicle lines includes all lines previously designated as high-
theft and listed for prior model years. Accordingly, appendix A has
also been amended to reflect these changes.
The vehicle lines listed as being subject to the parts-marking
standard have previously been designated as high-theft lines in
accordance with the procedures set forth in 49 CFR part 542. Under
these procedures, manufacturers evaluate new vehicle lines to conclude
whether those new lines are likely to be high theft. The manufacturer
submits these evaluations and conclusions to the agency, which makes an
independent evaluation; and, on a preliminary basis, determines whether
the new line should be subject to the parts-marking requirements. NHTSA
informs the manufacturer in writing of its evaluations and
determinations, together with the factual information considered by the
agency in making them. The manufacturer may request the agency to
reconsider the preliminary determinations. Within 60 days of the
receipt of these requests, the agency makes its final determination.
NHTSA informs the manufacturer by letter of these determinations and
its response to the request for reconsideration. If there is no request
for reconsideration, the agency's determination becomes final 45 days
after sending the letter with the preliminary determination. Each of
the new lines on the high-theft list has been the subject of a final
determination under either 49 U.S.C. 33103 or 33104.
The list of lines that have been exempted by the agency from the
parts-marking requirements of part 541 includes high-theft lines newly
exempted in full beginning with MY 2004. The two vehicle lines newly
exempted in full are the DaimlerChrysler Jeep Grand Cherokee and the
Nissan Infiniti M45. Additionally, the agency erroneously omitted the
Ford Motor Company's (Ford) Lincoln Town Car from Appendix A-I of the
MY 2003 final rule. The agency granted Ford's petition for an exemption
of its Lincoln Town Car from the parts-marking requirements of the
Federal Motor Vehicle Theft Prevention Standard beginning with the 2003
model year (67 FR 35189, May 17, 2002). Accordingly, appendix A-I has
been amended to reflect these changes. 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.
Similarly, the low-theft lines listed as being subject to the
parts-marking standard have previously been designated in accordance
with the procedures set forth in 49 U.S.C. 33103.
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.
Regulatory Impacts
1. Costs and Other Impacts
NHTSA has analyzed this rule and determined that it is not
``significant'' within the meaning of the Department of
Transportation's regulatory policies and procedures. The agency has
also considered this notice under Executive Order 12866. As already
noted, the selections in this final rule have previously been made in
accordance with the provisions of 49 U.S.C. 33104,
[[Page 39473]]
and the manufacturers of the selected lines have already been informed
that those lines are subject to the requirements of 49 CFR part 541 for
MY 2004. Further, this listing does not actually exempt lines from the
requirements of 49 CFR part 541; it only informs the general public of
all such previously granted exemptions. Since the only purpose of this
final listing is to inform the public of actions for MY 2004 that the
agency has already taken, a full regulatory evaluation has not been
prepared.
2. Regulatory Flexibility Act
The agency has also considered the effects of this listing under
the Regulatory Flexibility Act. I hereby certify that this rule will
not have a significant economic impact on a substantial number of small
entities. As noted above, the effect of this final rule is simply to
inform the public of those lines that are already subject to the
requirements of 49 CFR part 541 for MY 2004. The agency believes that
the listing of this information will not have any economic impact on
small entities.
3. Environmental Impacts
In accordance with the National Environmental Policy Act of 1969,
the agency has considered the environmental impacts of this rule, and
determined that it will not have any significant impact on the quality
of the human environment.
4. Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this final rule does not have sufficient Federalism implications
to warrant the preparation of a Federalism Assessment.
5. Civil Justice Reform
This final rule does not have a retroactive 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.
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. 33102-33104 and 33106; delegation of
authority at 49 CFR 1.50.
? 2. In part 541, appendices A and A-I are revised. Appendices A and A-I
are revised to read as follows:
Appendix A to Part 541--Lines Subject to the Requirements of This
Standard
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Manufacturer Subject lines
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ALFA ROMEO......................... Milano 161
164
BMW................................ Z3
Z8
6 Car Line
CONSULIER.......................... Consulier GTP
DAEWOO............................. Korando
Musso (MPV)
Nubira
DAIMLERCHRYSLER.................... Chrysler Cirrus
Chrysler Fifth Avenue/Newport
Chrysler Laser
Chrysler LeBaron/Town & Country
Chrysler LeBaron GTS
Chrysler's TC
Chrysler New Yorker Fifth Avenue
Chrysler Sebring
Chrysler Town & Country
Dodge 600
Dodge Aries
Dodge Avenger
Dodge Colt
Dodge Daytona
Dodge Diplomat
Dodge Lancer
Dodge Neon
Dodge Shadow
Dodge Stratus
Dodge Stealth
Eagle Summit
Eagle Talon
Jeep Cherokee (MPV)
Jeep Liberty (MPV)
Jeep Wrangler (MPV)
Plymouth Caravelle
Plymouth Colt
Plymouth Laser
Plymouth Gran Fury
[[Page 39474]]
Plymouth Neon
Plymouth Reliant
Plymouth Sundance
Plymouth Breeze
FERRARI............................ Mondial 8
328
FORD............................... Ford Aspire
Ford Escort
Ford Probe
Ford Thunderbird
Lincoln Continental
Lincoln Mark
Mercury Capri
Mercury Cougar
Merkur Scorpio
Merkur XR4Ti
GENERAL MOTORS..................... Buick Electra
Buick Reatta
Buick Skylark
Chevrolet Malibu
Chevrolet Nova
Chevrolet Blazer (MPV)
Chevrolet Prizm
Chevrolet S-10 Pickup
Geo Storm
Chevrolet Tracker (MPV)
GMC Jimmy (MPV)
GMC Sonoma Pickup
Oldsmobile Achieva (MYs 1997-1998)
Oldsmobile Bravada
Oldsmobile Cutlass
Oldsmobile Cutlass Supreme
(MYs 1988-1997)
Oldsmobile Intrigue
Pontiac Fiero
Saturn Sports Coupe
HONDA.............................. Accord
CRV (MPV)
Odyssey (MPV)
Passport
Pilot (MPV)
Prelude
S2000
Acura Integra
Acura MDX (MPV)
Acura RSX
HYUNDAI............................ Accent
Sonata
Tiburon
ISUZU.............................. Amigo
Impulse
Rodeo
Rodeo Sport
Stylus
Trooper/Trooper II
VehiCross (MPV)
JAGUAR............................. XJ
KIA MOTORS......................... Optima
Rio
Sephia (1998-2002)
Spectra
LOTUS.............................. Elan
MASERATI........................... Biturbo
Quattroporte
228
MAZDA.............................. 626
MX-3
MX-5 Miata
MX-6
MERCEDES-BENZ...................... 190 D
190 E
260E (1987-1989)
300 SE (1988-1991)
[[Page 39475]]
300 TD (1987)
300 SDL (1987)
300 SEL
350 SDL (1990-1991)
420 SEL (1987-1991)
560 SEL (1987-1991)
560 SEC (1987-1991)
560 SL
MITSUBISHI......................... Cordia
Eclipse
Lancer
Mirage
Montero (MPV)
Montero Sport (MPV)
Tredia
3000GT
NISSAN............................. 240SX
Sentra/200SX
Xterra
PEUGEOT............................ 405
PORSCHE............................ 924S
SUBARU............................. XT
SVX
Baja
Forester
Legacy
SUZUKI............................. Aerio
X90 (MPV)
Sidekick (MYs 1997-1998)
Vitara/Grand Vitara (MPV)
TOYOTA............................. Toyota 4-Runner (MPV)
Toyota Avalon
Toyota Camry
Toyota Celica
Toyota Corolla/Corolla Sport
Toyota Echo
Toyota Highlander (MPV)
Toyota Matrix (MPV)
Toyota MR2
Toyota MR2 Spyder
Toyota Prius
Toyota RAV4 (MPV)
Toyota Sienna (MPV)
Toyota Tercel
Lexus IS300
Lexus LX470 (MPV)
Lexus RX300 (MPV)
Scion xA \1\
Scion xB \1\
VOLKSWAGEN......................... Audi Quattro
Volkswagen Scirocco
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\1\ Lines added for MY 2004.
Appendix A-1--High-Theft Lines With Antitheft Devices
Which Are Exempted From the Parts-Marking Requirement of This Standard
Pursuant to 49 CFR Part 543
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Manufacturer Subject lines
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AUSTIN ROVER......................... Sterling
BMW.................................. MINI
X5
Z4 \2\
3 Car Line
5 Car Line
7 Car Line
8 Car Line
DAIMLERCHRYSLER...................... Jeep Grand Cherokee \1\
Chrysler Conquest
Chrysler Imperial
[[Page 39476]]
FORD................................. Lincoln Town Car \2\
Mustang
Mercury Sable
Mercury Grand Marquis
Taurus
GENERAL MOTORS....................... Buick LeSabre
Buick Park Avenue
Buick Regal/Century
Buick Riviera
Cadillac Allante
Cadillac Deville
Cadillac Seville
Chevrolet Cavalier
Chevrolet Corvette
Chevrolet Impala/Monte Carlo
Chevrolet Lumina/Monte Carlo
(MYs 1996-1999)
Chevrolet Malibu
Chevrolet Venture
Oldsmobile Alero
Oldsmobie Aurora
Oldsmobile Toronado
Pontiac Bonneville
Pontiac Grand Am
Pontiac Grand Prix
Pontiac Sunfire
HONDA................................ Acura CL
Acura Legend (MYs 1991-1996)
Acura NSX
Acura RL
Acura SLX
Acura TL
Acura Vigor (MYs 1992-1995)
ISUZU................................ Axiom
Impulse (MYs 1987-1991)
JAGUAR............................... XK
MAZDA................................ 6
929
RX-7
Millenia
MERCEDES-BENZ........................ 124 Car Line (the models within
this line are):
260E
300D
300E
300CE
300TE
400E
500E
129 Car Line (the models within
this line are):
300SL
500SL
600SL
SL320
SL500
SL600
202 Car Line (the models within
this line are):
C220
C230
C280
C36
C43
MITSUBISHI........................... Galant
Starion
Diamante
NISSAN............................... Nissan Altima
Nissan Maxima
Nissan Pathfinder
Nissan 300ZX
Infiniti G35
Infiniti I30
Infiniti J30
Infiniti M30
Infiniti M45 \1\
[[Page 39477]]
Infiniti QX4
Infiniti Q45
PORSCHE.............................. 911
928
968
986 Boxster
SAAB................................. 9-3
900 (1994-1998)
9000 (1989-1998)
TOYOTA............................... Toyota Supra
Toyota Cressida
Lexus ES
Lexus GS
Lexus LS
Lexus SC
VOLKSWAGEN........................... Audi 5000S
Audi 100/A6
Audi 200/S4/S6
Audi Allroad Quattro (MPV)
Audi Cabriolet
Volkswagen Cabrio
Volkswagen Corrado
Volkswagen Golf/GTI
Volkswagen Jetta/Jetta III
Volkswagen Passat
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\1\ Lines exempted in full beginning with MY 2004.
\2\ Lines exempted in full beginning with MY 2003.
Issued on: June 26, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-16708 Filed 7-1-03; 8:45 am]
BILLING CODE 4910-59-P