Federal Register/Vol. 63, No. 135/Wednesday, July 15, 1998
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38096 Federal Register / Vol. 63, No. 135 / Wednesday, July 15, 1998 / Rules and Regulations DEPARTMENT OF TRANSPORTATION vehicles. The standard seeks to facilitate manufactured for sale in the United such tracing by requiring that vehicle States. Therefore, those two vehicle National Highway Traffic Safety identification numbers (VINs), VIN lines were not properly included on the Administration derivative numbers, or other symbols be list in Appendix A, and have been placed on major component vehicle deleted. In addition, two other General 49 CFR Part 541 parts. The theft prevention standard Motors car lines, the Chevrolet Corsica [Docket No. NHTSA±98±3752] requires motor vehicle manufacturers to and the Oldsmobile Cutlass Ciera inscribe or affix VINs onto covered underwent name and platform changes RIN 2127±AH06 original equipment major component for model year 1997. The new names Federal Motor Vehicle Theft Prevention parts, and to inscribe or affix a symbol have been substituted in Appendix A, Standard; Final Listing of Model Year identifying the manufacturer and a with a footnote indicating the former 1999 High-Theft Vehicle Lines common symbol identifying the name and the date of the change. replacement component parts for those On July 31, 1997, the final listing of AGENCY: National Highway Traffic original equipment parts, on all vehicle high-theft lines for the MY 1998 vehicle Safety Administration (NHTSA), lines selected as high-theft. lines was published in the Federal Department of Transportation. The Anti Car Theft Act also amended Register (62 FR 40949). The final listing ACTION: Final rule. 49 U.S.C. § 33103 to require NHTSA to identified vehicle lines that were listed promulgate a parts-marking standard for the first time and became subject to SUMMARY: This final rule announces applicable to major parts installed by the theft prevention standard beginning NHTSA's determination for model year manufacturers of ``passenger motor with the 1998 model year. (MY) 1999 high-theft vehicle lines that vehicles (other than light duty trucks) in For MY 1999, the agency identified are subject to the parts-marking not to exceed one-half of the lines not four new vehicle lines that are likely to requirements of the Federal motor designated under 49 U.S.C. § 33104 as be high-theft lines, in accordance with vehicle theft prevention standard, and high-theft lines.'' NHTSA published a the procedures published in 49 CFR Part high-theft lines that are exempted from final rule amending 49 CFR Part 541 to 542. The new lines are the Honda the parts-marking requirements because include the definitions of MPV and Odyssey, the Hyundai (nameplate to be the vehicles are equipped with antitheft LDT, and major component parts. See announced), the Toyota Lexus RX300 devices determined to meet certain 59 FR 64164, December 13, 1995. (SUV) and the Toyota Solara. In statutory criteria for MY 1999, pursuant 49 U.S.C. § 33104(a)(3) specifies that addition to these four vehicle lines, the to the statute relating to motor vehicle NHTSA shall select high-theft vehicle list of high-theft vehicle lines includes theft prevention. lines, with the agreement of the all lines previously selected as high- EFFECTIVE DATE: The amendment made manufacturer, if possible. Section theft and listed for prior model years. by this final rule is effective July 15, 33104(d) provides that once a line has Furthermore, Appendix A has been 1998. been designated as likely high-theft, it amended to reflect a name change for remains subject to the theft prevention the Suzuki Sidekick (MPV) and the FOR FURTHER INFORMATION CONTACT: Ms. standard unless that line is exempted Oldsmobile Achieva. The Suzuki Rosalind Proctor, Motor Vehicle Theft under § 33106. Section 33106 provides Sidekick has been renamed the Suzuki Group, Office of Planning and that a manufacturer may petition to Grand Vitara, and the Oldsmobile Consumer Programs, NHTSA, 400 have a high-theft line exempted from Achieva has been renamed the Seventh Street, S.W., Washington, D.C. the requirements of § 33104, if the line Oldsmobile Alero beginning with MY 20590. Ms. Proctor's telephone number is equipped with an antitheft device as 1999. is (202) 366±0846. Her fax number is standard equipment. The exemption is The list of lines that have been (202) 493±2739. granted if NHTSA determines that the exempted by the agency from the parts- SUPPLEMENTARY INFORMATION: The ``Anti antitheft device is likely to be as marking requirements of Part 541 Car Theft Act of 1992,'' P. L. 102±519, effective as compliance with the theft includes high-theft lines newly amended the law relating to the parts- prevention standard in reducing and exempted in full beginning with MY marking of major component parts on deterring motor vehicle thefts. 1999. The three vehicle lines newly designated high-theft vehicle lines and The agency annually publishes the exempted in full are the BMW Car line other motor vehicles. The Anti Car Theft names of the lines which were 3, the General Motors Oldsmobile Alero Act amended the definition of previously listed as high-theft, and the and the Nissan Maxima. Additionally, ``passenger motor vehicle'' in 49 U.S.C. lines which are being listed for the first the agency was subsequently informed § 33101(10) to include a ``multipurpose time and will be subject to the theft that the Mazda Amati 1000 car line has passenger vehicle or light duty truck prevention standard beginning in a never been manufactured for sale in the when that vehicle or truck is rated at not given model year. It also identifies those United States. Therefore, the Mazda more than 6,000 pounds gross vehicle lines that are exempted from the theft Amati 1000 car line has been deleted weight.'' Since ``passenger motor prevention standard for a given model from Appendix A±I of this listing. vehicle'' was previously defined to year under § 33104. The vehicle lines listed as being include passenger cars only, the effect of On April 8, 1996, the final listing of subject to the parts-marking standard the Anti Car Theft Act is that certain high-theft lines for the MY 1997 vehicle have previously been selected as high- multipurpose passenger vehicle (MPV) lines was published in the Federal theft lines in accordance with the and light-duty truck (LDT) lines may be Register (61 FR 15390). The final listing procedures set forth in 49 CFR Part 542. determined to be high-theft vehicles identified vehicle lines that were listed Under these procedures, manufacturers subject to the Federal motor vehicle for the first time and became subject to evaluate new vehicle lines to conclude theft prevention standard (49 CFR Part the theft prevention standard beginning whether those new lines are likely to be 541). with the 1997 model year. However, the high theft. The manufacturer submits The purpose of the theft prevention agency was subsequently informed that these evaluations and conclusions to the standard is to reduce the incidence of beginning with MY 1997, two of those agency, which makes an independent motor vehicle theft by facilitating the lines, the Chevrolet Beretta and the evaluation; and, on a preliminary basis, tracing and recovery of parts from stolen Chevrolet Caprice, are no longer being determines whether the new line should Federal Register / Vol. 63, No. 135 / Wednesday, July 15, 1998 / Rules and Regulations 38097 be subject to the parts-marking Regulatory Impacts determined that it will not have any significant impact on the quality of the requirements. NHTSA informs the 1. Costs and Other Impacts manufacturer in writing of its human environment. NHTSA has analyzed this rule and evaluations and determinations, 4. Federalism together with the factual information determined that it is not ``significant'' considered by the agency in making within the meaning of the Department This action has been analyzed in of Transportation's regulatory policies them. The manufacturer may request the accordance with the principles and and procedures. The agency has also agency to reconsider the preliminary criteria contained in Executive Order considered this notice under Executive determinations. Within 60 days of the 12612, and it has been determined that Order 12866. As already noted, the this final rule does not have sufficient receipt of these requests, the agency selections in this final rule have makes its final determination. NHTSA Federalism implications to warrant the previously been made in accordance preparation of a Federalism Assessment. informs the manufacturer by letter of with the provisions of 49 U.S.C. these determinations and its response to § 33104, and the manufacturers of the 5. Civil Justice Reform the request for reconsideration. If there selected lines have already been This final rule does not have a is no request for reconsideration, the informed that those lines are subject to retroactive effect. In accordance with agency's determination becomes final 45 the requirements of 49 CFR Part 541 for § 33118 when the Theft Prevention days after sending the letter with the MY 1999. Further, this listing does not Standard is in effect, a State or political preliminary determination. Each of the actually exempt lines from the subdivision of a State may not have a new lines on the high-theft list has been requirements of 49 CFR Part 541; it only different motor vehicle theft prevention the subject of a final determination informs the general public of all such standard for a motor vehicle or major under either 49 U.S.C. § 33103 or previously granted exemptions. Since replacement part. 49 U.S.C. § 33117 § 33104. the only purpose of this final listing is provides that judicial review of this rule to inform the public of prior agency Similarly, the lines listed as being may be obtained pursuant to 49 U.S.C.