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Federal Register / Vol. 61, No. 152 / Tuesday, August 6, 1996 / Rules and Regulations 40723

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Federal Register / Vol. 61, No. 152 / Tuesday, August 6, 1996 / Rules and Regulations 40723 Federal Register / Vol. 61, No. 152 / Tuesday, August 6, 1996 / Rules and Regulations 40723 § 381.302 [Amended] certain specified conditions, and take The California Department of the 2. In § 381.302, paragraph (a) is reasonable steps to determine whether Highway Patrol raised the following amended by removing ``$11,550'' and the vehicle is being operated with the concerns: (1) Whether an officer has adding ``$12,790'' in its place. owner's consent. There are two program probable cause to stop a vehicle conditions proposed in this rule. Under displaying a decal; (2) the ease with § 381.303 [Amended] the first condition, the owner may which a thief can remove a decal; (3) the 3. In § 381.303, paragraph (a) is consent to have the car stopped if it is necessity for extensive public awareness amended by removing ``$16,860'' and operated between the hours of 1:00 a.m. campaigns; and (4) the transferability or adding ``$18,680'' in its place. and 5:00 a.m. Under the second renewal of a decal from one vehicle to condition, the owner may consent to another. § 381.304 [Amended] have the car stopped if it crosses, is The Department of Justice takes the 4. In § 381.304, paragraph (a) is about to cross, or about to be position that under section § 29.8 of the amended by removing ``$8,840'' and transported across a United States land rule, Motor vehicle owner participation, adding ``$9,790'' in its place. border, or if it enters a port. States and the owner of the vehicle has already granted permission to law enforcement § 381.305 [Amended] localities may elect to participate in the program solely at their option. The officials to stop the vehicle if it is being 5. In § 381.305, paragraph (a) is MVTPA grants the Attorney General operated under the specified conditions. amended by removing ``$3,310'' and authority to establish additional It is also the owner's responsibility to adding ``3,670'' in its place. conditions so long as consent from advise any other user of the vehicle that § 381.403 [Amended] program participants is obtained and a they are subject to being stopped by law enforcement officials under specified 6. Section 381.403 is amended by separate design for program decals is provided. conditions. removing ``$5,740'' and adding ``$6,370'' BJA intends to use a tamper-resistant, EFFECTIVE DATE: September 5, 1996. in its place. unobtrusive front window decal to be FOR FURTHER INFORMATION CONTACT: Greg applied on the inside of the glass § 381.505 [Amended] Morris, Bureau of Justice Assistance, 7. In § 381.505, paragraph (a) is directly above the inside rear-view Office of Justice Programs, Department mirror. In the event that state or local amended by removing ``$9,930'' and of Justice, 633 Indiana Avenue, N.W., adding ``$11,000'' in its place and by regulations preclude placing a decal Room 1086D, Washington, D.C. 20531. there, it may be placed on the lower removing ``$11,240'' and adding (202) 616±3458. ``$12,450'' in its place. right side. For the rear window, a SUPPLEMENTARY INFORMATION: Section tamper-resistant decal shall be placed § 381.801 [Amended] 220001 of the Violent Crime Control and on the exterior side of the glass along Law Enforcement Act of 1994, Pub. L. 8. Section 381.801 is amended by the lower left side. The decision to place 103±322, 108 Stat. 2074, codified at 42 removing ``$1,020'' and adding ``$1,670'' the rear window decal on the outside U.S.C. 14171, contains the Motor in its place. face of the glass is due to the wide Vehicle Theft Prevention Act (MVTPA). spread use of tinted glass, and to [FR Doc. 96±19928 Filed 8±5±96; 8:45 am] The MVTPA requires the Attorney minimize the adverse effects from use of BILLING CODE 6717±01±M General to establish a national voluntary rear window defogger units. motor vehicle theft prevention program. BJA intends to use state-of-the-art, The Attorney General has delegated the retroreflective sheeting paper in the DEPARTMENT OF JUSTICE authority to establish such a program to manufacture of its decals which will the Assistant Attorney General for the result in the decal being luminescent Office of Justice Programs Office of Justice Programs. The Assistant and easily discernible at night when Attorney General for the Office of either direct or indirect light is cast 28 CFR Part 29 Justice Programs has delegated the upon it. This feature would have been [OJP No. 1081] authority and responsibility for the compromised had the decal been placed management and administration of the RIN 1121±AA38 on the interior side of tinted glass. program to the Director of the Bureau of Secondly, the heat generated by a rear Motor Vehicle Theft Prevention Act Justice Assistance. window defogger sometimes results in Program Regulations Under this program, automobile the loosening of stickers applied on the owners may voluntarily sign a consent interior face of the glass. The removal of AGENCY: Office of Justice Programs, form and obtain a program decal that such stickers by scraping with a sharp Bureau of Justice Assistance. Justice. authorizes law enforcement officers to object can result in damage to the ACTION: Final rule. stop the motor vehicle if it is being defogger heating filaments embedded operated under certain specified near the interior face of the glass. SUMMARY: The Bureau of Justice conditions and take reasonable steps to For those vehicles that are Assistance is publishing a Final Rule to determine whether the vehicle is being convertibles or have removable tops, the implement the Motor Vehicle Theft operated with the owner's consent. rear window decal can be applied to the Prevention Act of 1994 (MVTPA) by Participation in this program is left side of the rear bumper. issuing regulations to establish a completely voluntary on the part of the The main purposes of the MVTPA national voluntary motor vehicle theft vehicle owner and State and local Program is to create additional, time- prevention program. A Proposed Rule governments. consuming impediments for thieves, for public comment was published in A Proposed Rule with request for and to create a mechanism for law the Federal Register on October 24, comments was published in the Federal enforcement to proactively investigate 1995. Under this program, motor vehicle Register on October 24, 1995. 60 FR auto theft before a stolen vehicle report owners may sign a consent form and 54459. The following is a summary of is filed with the authorities. obtain a program decal authorizing law the comments received before the The MVTPA Program compels a thief enforcement officers to stop their motor comment period closed on December to remove a tamper-resistant bumper vehicle if it is being driven under 26, 1995. sticker while they are alongside the 40724 Federal Register / Vol. 61, No. 152 / Tuesday, August 6, 1996 / Rules and Regulations vehicle, acting suspiciously and payment. The Bureau of Justice supports dealership decal registration drawing attention to themself. The thief Assistance will defer to the participating programs in which states supply must then gain access to the vehicle and states and localities on the question of dealerships with an inventory of decals arouse even greater suspicion by fees charged to owners for registration to be attached to vehicles on an as scraping from the interior of the and materials such as decals, stickers, needed basis, BJA wishes to avoid micro windshield, a second, tamper-resistant, emblems and license plates. management of states' programs. BJA decal(s). These additional impediments, The Council also expressed concern has not included such dealership in addition to other theft prevention over the size and design of the emblems, programs as a provision of the final devices such as an steering wheel locks, decals, stickers and devices. Section regulation, but has revised the increase the number of hurdles a thief 29.3 of the Final Rule has been amended definition of the term ``owner'' in § 29.2 must overcome and raise the deterrence to task the Bureau of Justice Assistance to include them. States and/or localities threshold. with the responsibility of creating a may elect to participate in the program A significant number of auto thefts are standard, universally recognizable by requesting program enrollment committed during the early morning MVTPA reflective emblem, icon, materials from BJA and by following the hours when the owners are asleep and stickers and or decal. The size and program requirements set forth in unaware that their vehicles have been design of the front windshield decal guidelines. BJA further notes that the stolen. In many instances, a stolen car will make them readily identifiable to a previously cited option of utilizing can be driven to a chop shop or driven person standing a short distance away. license plate registration would not only across state lines before the owner The rear window decal or sticker will be better facilitate state record keeping, it awakens to discover the theft. The readily identifiable to a person traveling would also enable automobile dealers to MVTPA Program allows police to in a vehicle at a safe distance behind. use special dealer license plates instead proactively investigate auto theft before The Council and other respondents of constantly applying and removing a stolen vehicle report is made by raised concern regarding the decals. stopping those vehicles which are not maintenance of a computerized registry NADA also suggested that Department normally driven during the early of participants. BJA fully supports the of Justice abandon the current proposed use of computerized state registries and morning hours, or operated near to an time frame (1:00 a.m.
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