High Theft Vehicle Lines
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Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Rules and Regulations 20481 purposes of the eligibility restriction 303(r), and 309(j), entities currently FOR FURTHER INFORMATION CONTACT: Ms. adopted the Commission will apply the operating satellites at orbit locations Rosalind Proctor, Consumer Standards definitions of ‘‘controlling interests’’ capable of providing DBS service to the Division, Office of International Policy, and ‘‘affiliate’’ currently set forth in 47 50 U.S. states, their wholly owned Fuel Economy and Consumer Programs, CFR 1.2110(c)(2) and 47 CFR subsidiaries, and entities they control NHTSA, 400 Seventh Street, SW., 1.2110(c)(5). shall be ineligible to acquire, own, or Washington, DC 20590. Ms. Proctor’s control the license for Direct Broadcast telephone number is (202) 366–0846. B. Cable/DBS Cross-Ownership Satellite channels 23 and 24 at the 61.5° Her fax number is (202) 493–2290. 8. The Commission does not W.L. orbit location for a period SUPPLEMENTARY INFORMATION: The Anti anticipate any significant competitive beginning with the release date of this Car Theft Act of 1992, Pub. L. 102–519, problems from cable system ownership Order and ending four years after the ° amended the law relating to the of the 61.5 W.L. license, and therefore date of the issuance of the initial partsmarking of major component parts it concludes that it is not appropriate or license. Such entities are prohibited on designated high-theft vehicle lines necessary to restrict cable operators from leasing these two channels during and other motor vehicles. The Anti Car from acquiring this license. the same period. Theft Act amended the definition of C. Other Issues 14. It is further ordered that the ‘‘passenger motor vehicle’’ in 49 U.S.C. International Bureau, in awarding the 33101(10) to include a ‘‘multipurpose 9. The Commission finds that it is not license for Direct Broadcast Satellite passenger vehicle or light duty truck in the public interest to avoid mutual channels 23 and 24 at the 61.5° W.L. when that vehicle or truck is rated at not exclusivity entirely with respect to the orbit location, shall place upon it the more than 6,000 pounds gross vehicle 61.5° W.L. license and therefore 47 condition that it may not be transferred weight.’’ Since ‘‘passenger motor U.S.C. 309(j)(6)(E) does not require it to or assigned to any entity described in vehicle’’ was previously defined to do so. the preceding clause, and this condition include passenger cars only, the effect of 10. Because the Commission has no shall automatically expire four years the Anti Car Theft Act is that certain evidence before it to suggest that after issuance of the license unless it is multipurpose passenger vehicle (MPV) Dominion Video Satellite, Inc. extended by the Commission. and light-duty truck (LDT) lines may be (‘‘Dominion’’), would be required to determined to be high-theft vehicles turn over the 61.5° W.L. channels to Federal Communications Commission. subject to the Federal motor vehicle EchoStar Satellite L.L.C. (‘‘EchoStar’’) if Marlene H. Dortch, theft prevention standard (49 CFR Part it were to win the license for them, Secretary. 541). Dominion’s current lease arrangement [FR Doc. 05–7716 Filed 4–19–05; 8:45 am] The purpose of the theft prevention with EchoStar should not by itself BILLING CODE 6712–01–P standard is to reduce the incidence of disqualify Dominion from acquiring the motor vehicle theft by facilitating the license for the 61.5° W.L. channels. The tracing and recovery of parts from stolen Commission will review specific DEPARTMENT OF TRANSPORTATION vehicles. The standard seeks to facilitate allegations that leasing has led to a de such tracing by requiring that vehicle facto transfer of control on a case-by- National Highway Traffic Safety identification numbers (VINs), VIN case basis. Administration derivative numbers, or other symbols be IV. Conclusion 49 CFR Part 541 placed on major component vehicle 11. For the reasons stated above, the parts. The theft prevention standard Commission concludes that it will [Docket No. NHTSA–2005–20462] requires motor vehicle manufacturers to inscribe or affix VINs onto covered further the public interest to prohibit RIN 2127–AJ52 firms currently operating satellites at original equipment major component orbit locations capable of providing DBS Federal Motor Vehicle Theft Prevention parts, and to inscribe or affix a symbol service to the 50 U.S. states, as well as Standard; Final Listing of Model Year identifying the manufacturer and a their wholly owned subsidiaries and 2006 High-Theft Vehicle Lines common symbol identifying the entities they control, from acquiring, replacement component parts for those AGENCY: owning, or controlling the license for National Highway Traffic original equipment parts, on all vehicle the two channels currently available at Safety Administration (NHTSA), lines selected as high-theft. the 61.5° W.L. orbit location until four Department of Transportation. The Anti Car Theft Act also amended years after the award of the initial ACTION: Final rule. 49 U.S.C. 33103 to require NHTSA to license. In addition, the Commission promulgate a parts-marking standard SUMMARY: This final rule announces concludes that such entities should be applicable to major parts installed by NHTSA’s determination for model year prohibited from leasing these channels manufacturers of ‘‘passenger motor (MY) 2006 high-theft vehicle lines that during the same period. vehicles (other than light duty trucks) in are subject to the parts-marking not more than one-half of the lines not V. Report To Congress requirements of the Federal motor designated under 49 U.S.C. 33104 as 12. The Commission has sent a copy vehicle theft prevention standard, and high-theft lines.’’ NHTSA lists each of of this Order in a report sent to Congress high-theft MY 2006 lines that are the selected lines not designated under and the General Accounting Office exempted from the parts-marking 49 U.S.C. 33104 as high-theft lines in pursuant to the Congressional Review requirements because the vehicles are Appendix B to Part 541. Since section Act, 5 U.S.C. 801(a)(1)(A). equipped with antitheft devices 33103 did not specify marking of determined to meet certain statutory replacement parts for below-median VI. Ordering Clauses criteria pursuant to the statute relating lines, the agency does not require 13. Accordingly, it is ordered that, to motor vehicle theft prevention. marking of replacement parts for these pursuant to sections 4(i), 303(r), and DATES: Effective Date: The amendment lines. NHTSA published a final rule 309(j) of the Communications Act of made by this final rule is effective April amending 49 CFR Part 541 to include 1934, as amended, 47 U.S.C. 154(i), 20, 2005. the definitions of MPV and LDT, and VerDate jul<14>2003 14:52 Apr 19, 2005 Jkt 205001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.SGM 20APR1 20482 Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Rules and Regulations major component parts. (See 59 FR whether those new lines are likely to be 2005 model year. General Motors also 64164, December 13, 1994.) high theft. The manufacturer submits notified the agency of its plans to 49 U.S.C. 33104(a)(3) specifies that these evaluations and conclusions to the change the nameplate for the Buick NHTSA shall select high-theft vehicle agency, which makes an independent LeSabre to the Buick Lucerne vehicle lines, with the agreement of the evaluation; and, on a preliminary basis, line beginning with MY 2006. manufacturer, if possible. Section determines whether the new line should Accordingly, Appendix A–I has been 33104(d) provides that once a line has be subject to the parts-marking amended. The vehicle lines listed as been designated as likely high-theft, it requirements. NHTSA informs the being exempt from the standard have remains subject to the theft prevention manufacturer in writing of its previously been exempted in standard unless that line is exempted evaluations and determinations, accordance with the procedures of 49 under section 33106. Section 33106 together with the factual information CFR Part 543 and 49 U.S.C. 33106. provides that a manufacturer may considered by the agency in making Similarly, the low-theft lines listed as petition to have a high-theft line them. The manufacturer may request the being subject to the parts-marking exempted from the requirements of agency to reconsider the preliminary standard have previously been section 33104, if the line is equipped determinations. Within 60 days of the designated in accordance with the with an antitheft device as standard receipt of these requests, the agency procedures set forth in 49 U.S.C. 33103. equipment. The exemption is granted if makes its final determination. NHTSA Therefore, NHTSA finds for good NHTSA determines that the antitheft informs the manufacturer by letter of cause that notice and opportunity for device is likely to be as effective as these determinations and its response to comment on these listings are compliance with the theft prevention the request for reconsideration. If there unnecessary. Further, public comment standard in reducing and deterring is no request for reconsideration, the on the listing of selections and motor vehicle thefts. agency’s determination becomes final 45 exemptions is not contemplated by 49 The agency annually publishes the days after sending the letter with the U.S.C. Chapter 331. names of the lines which were preliminary determination. Each of the For the same reasons, since this previously listed as high-theft, and the new lines on the high-theft list has been revised listing only informs the public lines which are being listed for the first the subject of a final determination of previous agency actions and does not time and will be subject to the theft under either 49 U.S.C.