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Federal Motor Vehicle Theft Prevention Standard; Final Listing of 2007 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2007
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 19, 2006 (Volume 71, Number 75)]
[Rules and Regulations]
[Page 20022-20026]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap06-12]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. NHTSA-2006-23934]
RIN 2127-AJ89
Federal Motor Vehicle Theft Prevention Standard; Final Listing of
2007 Light Duty Truck Lines Subject to the Requirements of This
Standard and Exempted Vehicle Lines for Model Year 2007
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 no new
model year (MY) 2007 light duty truck lines are 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 that they have a majority of interchangeable parts with those
of a passenger motor vehicle line. This final rule also identifies
those vehicle 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
April 19, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer
Standards Division, Office of International Vehicle, Fuel Economy 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: 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: (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
[[Page 20023]]
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 model year. The final rule is effective
September 1, 2006.
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 section 33106.
Section 33106 provides that a manufacturer may petition to have a line
exempted from the requirements of section 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
are exempted from the theft prevention standard for a given model year
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 May 19, 2005, the final listing of MY 2006 high-theft vehicle
lines was published in the Federal Register (70 FR 20481). The final
listing identified that there were no new vehicle lines that became
subject to the theft prevention standard beginning with the 2006 model
year. For MY 2007, 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. However, beginning
September 1, 2006, all passenger cars, all MPVs (with a gross vehicle
weight rating of 6,000 pounds or less), all light duty trucks (with a
gross vehicle weight rating of 6,000 pounds or less) determined to be
high-theft in accordance with 49 CFR 542.1, and all low-theft light
duty trucks (with a gross vehicle weight rating of 6,000 pounds or
less) having a majority of its major parts interchangeable with those
of a passenger motor vehicle line in accordance with 49 CFR 542.2 will
be subject to the parts marking requirements. At least 50 percent of
the production volume not subject to the current parts marking
requirements (excluding light duty trucks) must be marked by September
1, 2006. The remaining production volume not subject to the current
parts marking requirements must be marked by September 1, 2007 (see 70
FR 28843, May 19, 2005).
Subsequent to publishing the 2006 final rule, eight manufacturers
petitioned the agency for an exemption from the parts marking
requirements of the Federal motor vehicle theft prevention standard.
The agency granted petitions for exemptions to the DaimlerChrysler
Corporation (DC) for the 300C vehicle line, Ford Motor Company for the
Focus vehicle line, General Motors Corporation for the Chevrolet
Malibu/Malibu Maxx vehicle line, Mazda Motor Corporation (Mazda) for
the 3 vehicle line, Mercedes-Benz USA, LLC for the E-Line Chassis (E-
Class/CLS Class) vehicle line, Mitsubishi Motors Corporation
(Mitsubishi) for the Endeavor vehicle line, Nissan North America, Inc.,
for the Nissan Quest and Fuji Heavy Industries, USA for the Subaru B9
Tribeca vehicle line, all beginning with the 2006 model year.
Additionally, petitions for exemption from the parts marking
requirements were withdrawn from the DaimlerChrysler Corporation for
the Jeep Liberty (See 70 FR 53713) and Ford Motor Company for its
Thunderbird vehicle line (See 70 FR 53714) beginning with the 2006
model year.
For MY 2007, the list of lines that have been exempted by the
agency from the parts-marking requirements of Part 541 includes seven
vehicle lines newly exempted in full. The seven exempted vehicle lines
are the DaimlerChrysler Dodge Charger, General Motors Pontiac G6, the
Mazda CX-7, the Mercedes-Benz S-Line Chassis (S-Class/CL-Class), the
Nissan Sentra, the Volkswagen Audi A4 and the Suzuki XL-7.
We note that the agency is removing from the list being published
in the Federal Register certain vehicles lines that have been
discontinued more than 5 years ago. 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.
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
[[Page 20024]]
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 are 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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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, Appendix A-I is revised. 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
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Manufacturer Subject lines
------------------------------------------------------------------------
BMW.................................... MINI.
X5.
Z4.
3 Car Line.
5 Car Line.
6 Car Line.
7 Car Line.
DAIMLERCHRYSLER........................ 300C.\2\
Jeep Grand Cherokee.
Chrysler Conquest.
Chrysler Town and Country MPV.
Dodge Charger.\1\
FORD MOTOR CO.......................... Focus.\2\
Lincoln Town Car.
Mustang.
Mercury Sable (2001-2004).
Mercury Grand Marquis.
Taurus (2000-2004).
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.\3\
[[Page 20025]]
Chevrolet Corvette.
Chevrolet Impala/Monte Carlo.
Chevrolet Lumina/Monte Carlo
(1996-1999).
Chevrolet Malibu (2001-2003).
Chevrolet Malibu/Malibu
Maxx.\2\
Chevrolet Uplander.
Chevrolet Venture (2002-2004).
Oldsmobile Alero.
Oldsmobile Aurora.
Pontiac Bonneville.
Pontiac G6.\1\
Pontiac Grand Am.
Pontiac Grand Prix.
Pontiac Sunfire.
HONDA.................................. Acura CL.
Acura NSX.
Acura RL.
Acura TL.
ISUZU.................................. Axiom.
JAGUAR................................. XK.
MAZDA.................................. 3.\2\
6.
CX-7.\1\
MX-5 Miata.
RX-7/8.
Millenia.
MERCEDES-BENZ.......................... SL-Class (the models within
this line are):
300SL.
500SL.
600SL.
SL500.
SL550.
SL600.
SL55.
SL65.
S-Class/CL-Class \1\ (the
models within this line are):
S450.
S500.
S550.
S600.
S55.
S65.
CL500.
CL600.
CL55.
CL65.
C-Class (the models within this
line are):
C220/230.
C240.
C280/320.
C36/43/55.
E-Class/CLS Class \2\ (the
models within this line are):
E320/E320DT CDi.
E350/E500/E55.
CLS500/CLS55.
MITSUBISHI............................. Endeavor \2\.
Galant.
Diamante.
NISSAN................................. Altima.
Maxima.
Pathfinder.
Quest.\2\
Sentra.\1\
350Z.
Infiniti G35.
Infiniti I30.
Infiniti J30.
Infiniti M30.
Infiniti M45.
Infiniti QX4.
Infiniti Q45.
PORSCHE................................ 911.
Boxster/Cayman.
SAAB................................... 9-3.
[[Page 20026]]
SUBARU................................. B9 Tribeca.\2\
SUZUKI................................. XL-7.\1\
TOYOTA................................. Lexus ES.
Lexus GS.
Lexus LS.
Lexus SC.
VOLKSWAGEN............................. Audi 5000S.
Audi A4.\1\
Audi Allroad.
A6.
Cabrio.
Golf/GTI.
Jetta.
Passat.
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\1\ Granted an exemption from the partsmarking requirements beginning
with MY 2007.
\2\ Granted an exemption from the partsmarking requirements beginning
with MY 2006.
\3\ Granted an exemption from the partsmarking requirements beginning
with MY 2005.
Issued on: April 13, 2006.
H. Keith Brewer,
Director, Office of Crash Avoidance Standards.
[FR Doc. 06-3692 Filed 4-18-06; 8:45 am]
BILLING CODE 4910-59-P