15 July 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[Federal Register: July 15, 1998 (Volume 63, Number 135)]
[Rules and Regulations]
[Page 38096-38101]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy98-9]

[[Page 38096]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-98-3752]
RIN 2127-AH06


Federal Motor Vehicle Theft Prevention Standard; Final Listing of
Model Year 1999 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) 1999 high-theft vehicle lines that are subject to the parts-
marking requirements of the Federal motor vehicle theft prevention
standard, and high-theft lines that are exempted from the parts-marking
requirements because the vehicles are equipped with antitheft devices
determined to meet certain statutory criteria for MY 1999, pursuant to
the statute relating to motor vehicle theft prevention.

EFFECTIVE DATE: The amendment made by this final rule is effective July
15, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Motor Vehicle
Theft Group, Office of Planning and Consumer Programs, NHTSA, 400
Seventh Street, S.W., Washington, D.C. 20590. Ms. Proctor's telephone
number is (202) 366-0846. Her fax number is (202) 493-2739.

SUPPLEMENTARY INFORMATION: The ``Anti Car Theft Act of 1992,'' P. L.
102-519, amended the law relating to the parts-marking of major
component parts on designated high-theft vehicle lines and other motor
vehicles. The Anti Car Theft Act amended the definition of ``passenger
motor vehicle'' in 49 U.S.C. Sec. 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. Sec. 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) in not to exceed one-half of the lines not
designated under 49 U.S.C. Sec. 33104 as high-theft 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, 1995.
    49 U.S.C. Sec. 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.
    On April 8, 1996, the final listing of high-theft lines for the MY
1997 vehicle lines was published in the Federal Register (61 FR 15390).
The final listing identified vehicle lines that were listed for the
first time and became subject to the theft prevention standard
beginning with the 1997 model year. However, the agency was
subsequently informed that beginning with MY 1997, two of those lines,
the Chevrolet Beretta and the Chevrolet Caprice, are no longer being
manufactured for sale in the United States. Therefore, those two
vehicle lines were not properly included on the list in Appendix A, and
have been deleted. In addition, two other General Motors car lines, the
Chevrolet Corsica and the Oldsmobile Cutlass Ciera underwent name and
platform changes for model year 1997. The new names have been
substituted in Appendix A, with a footnote indicating the former name
and the date of the change.
    On July 31, 1997, the final listing of high-theft lines for the MY
1998 vehicle lines was published in the Federal Register (62 FR 40949).
The final listing identified vehicle lines that were listed for the
first time and became subject to the theft prevention standard
beginning with the 1998 model year.
    For MY 1999, the agency identified four 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 Honda Odyssey, the
Hyundai (nameplate to be announced), the Toyota Lexus RX300 (SUV) and
the Toyota Solara. In addition to these four vehicle lines, the list of
high-theft vehicle lines includes all lines previously selected as
high-theft and listed for prior model years. Furthermore, Appendix A
has been amended to reflect a name change for the Suzuki Sidekick (MPV)
and the Oldsmobile Achieva. The Suzuki Sidekick has been renamed the
Suzuki Grand Vitara, and the Oldsmobile Achieva has been renamed the
Oldsmobile Alero beginning with MY 1999.
    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 1999. The three vehicle lines newly
exempted in full are the BMW Car line 3, the General Motors Oldsmobile
Alero and the Nissan Maxima. Additionally, the agency was subsequently
informed that the Mazda Amati 1000 car line has never been manufactured
for sale in the United States. Therefore, the Mazda Amati 1000 car line
has been deleted from Appendix A-I of this listing.
    The vehicle lines listed as being subject to the parts-marking
standard have previously been selected 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

[[Page 38097]]

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. Sec. 33103 or Sec. 33104.
    Similarly, the 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. Sec. 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

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. Sec. 33104, 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
1999. 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 prior agency actions for MY
1999, 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 subject to the requirements
of 49 CFR Part 541 for MY 1999. 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. Sec. 33117 provides that judicial review of
this rule may be obtained pursuant to 49 U.S.C. Sec. 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, A-I and A-II 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.
                                           6 Car Line.
CHRYSLER.................................  Chrysler Cirrus.
                                           Chrysler Executive, Sedan/Limousine.
                                           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.

[[Page 38098]]


                                           Dodge Diplomat.
                                           Dodge Lancer.
                                           Dodge Neon.
                                           Dodge Shadow.
                                           Dodge Stratus.
                                           Dodge Stealth.
                                           Eagle Summit.
                                           Eagle Talon.
                                           Jeep Cherokee (MPV).
                                           Jeep Grand Cherokee (MPV).
                                           Jeep Wrangler (MPV).
                                           Plymouth Caravelle.
                                           Plymouth Colt.
                                           Plymouth Laser.
                                           Plymouth Gran Fury.
                                           Plymouth Neon.
                                           Plymouth Reliant.
                                           Plymouth Sundance.
                                           Plymouth Breeze.
CONSULIER................................  Consulier GTP.
FERRARI..................................  Mondial 8.
                                           308.
                                           328.
FORD.....................................  Ford Aspire.
                                           Ford Crown Victoria.
                                           Ford Escort.
                                           Ford Mustang.
                                           Ford Probe.
                                           Ford Taurus.
                                           Ford Thunderbird.
                                           Lincoln Continental.
                                           Lincoln Mark.
                                           Lincoln Town Car.
                                           Mercury Capri.
                                           Mercury Cougar.
                                           Mercury Grand Marquis.
                                           Mercury Sable.
                                           Mercury Tracer.
                                           Merkur Scorpio.
                                           Merkur XR4Ti.
GENERAL MOTORS...........................  Buick Electra.
                                           Buick Reatta.
                                           Buick Skylark.
                                           Chevrolet Astro (MPV).
                                           Chevrolet Lumina Minivan.
                                           Chevrolet Malibu.\1\
                                           Chevrolet Monte Carlo (MYs 1987-88).
                                           Chevrolet Nova.
                                           Chevrolet Blazer (MPV).
                                           Chevrolet Prizm.\2\
                                           Chevrolet S-10 Pickup.
                                           Geo Storm.
                                           Chevrolet Tracker (MPV).\2\
                                           GMC Jimmy (MPV).
                                           GMC Safari (MPV).
                                           GMC Sonoma Pickup.
                                           Oldsmobile Achieva (MYs 1997-1998).\3\
                                           Oldsmobile Bravada.
                                           Oldsmobile Cutlass.\4\
                                           Oldsmobile Cutlass Supreme (MYs 1988-1997).\5\
                                           Oldsmobile Intrigue.
                                           Pontiac Fiero.
                                           Pontiac Grand Am.
                                           Saturn Sports Coupe.
                                           Pontiac Grand Prix.
HONDA....................................  Accord.
                                           CRV (MPV).
                                           Odyssey (MPV).\6\
                                           Passport.
                                           Prelude.
                                           Acura Integra.
HYUNDAI..................................  Accent.
                                           (nameplate to be announced).\6\

[[Page 38099]]


                                           Sonata.
                                           Tiburon.
ISUZU....................................  Impulse.
                                           Rodeo.
                                           Stylus.
                                           Trooper/Trooper II.
JAGUAR...................................  XJ.
                                           XJ-6.
                                           XJ-40.
KIA MOTORS...............................  S-II.
LOTUS....................................  Elan.
MASERATI.................................  Biturbo.
                                           Quattroporte.
                                           228.
MAZDA....................................  GLC.
                                           626.
                                           MX-3.
                                           MX-5 Miata.
                                           MX-6.
MERCEDES-BENZ............................  190 D.
                                           190 E.
                                           250D-T.
                                           260 E.
                                           300 SE.
                                           300 TD.
                                           300 SDL.
                                           300 SEC/500 SEC.
                                           300 SEL/500 SEL.
                                           420 SEL.
                                           560 SEL.
                                           560 SEC.
                                           560 SL.
MITSUBISHI...............................  Cordia.
                                           Eclipse.
                                           Mirage.
                                           Montero (MPV).
                                           Montero Sport (MPV).
                                           Tredia.
                                           3000GT.
NISSAN...................................  240SX.
                                           Pathfinder.
                                           Sentra/200SX.
                                           Stanza/Altima.
PEUGEOT..................................  405.
PORSCHE..................................  924S.
SUBARU...................................  XT.
                                           SVX.
                                           Forester.
                                           Legacy.
SUZUKI...................................  X90.
                                           Samurai (MPV).
                                           Sidekick (MYs 1997-1998).\7\
                                           Grand Vitara (MPV).
TOYOTA...................................  Toyota 4-Runner (MPV).
                                           Toyota Avalon.
                                           Toyota Camry.
                                           Toyota Celica.
                                           Toyota Corolla/Corolla Sport.
                                           Toyota MR2.
                                           Toyota RAV4 (MPV).
                                           Toyota Sienna (MPV).
                                           Toyota Solara.\8\
                                           Toyota Starlet.
                                           Toyota Tercel.
                                           Lexus RX300 (SUV).\8\
VOLKSWAGEN...............................  Audi Quattro.
                                           Volkswagen Rabbit.
                                           Volkswagen Scirocco.
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\1\ Replaced the Chevrolet Corsica beginning with MY 1997.
\2\ The Geo make identifier was replaced by the Chevrolet make identifier beginning with MY 1998.
\3\ Renamed the Oldsmobile Alero beginning with MY 1999.
\4\ Replaced the Oldsmobile Cutlass Ciera in MY 1997.
\5\ Renamed the Oldsmobile Intrigue beginning with MY 1998.
\6\ Lines added for MY 1999.

[[Page 38100]]


\7\ Renamed the Suzuki Grand Vitara beginning with MY 1999.
\8\ Lines added for MY 1999.

Appendix A-I--High-Theft 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
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AUSTIN ROVER.............................  Sterling.
BMW......................................  3 Car Line.\1\
                                           5 Car Line.
                                           7 Car Line.
                                           8 Car Line.
CHRYSLER.................................  Chrysler Conquest.
                                           Chrysler Imperial.
GENERAL MOTORS...........................  Buick Park Avenue.
                                           Buick Regal/Century.
                                           Buick Riviera.
                                           Cadillac Allante.
                                           Cadillac Seville.
                                           Chevrolet Cavalier.
                                           Chevrolet Corvette.
                                           Chevrolet Lumina/Monte Carlo.
                                           Oldsmobile Alero.\1\.
                                           Oldsmobile Aurora.
                                           Oldsmobile Toronado.
                                           Pontiac Sunfire.
HONDA....................................  Acura CL.
                                           Acura Legend (MYs 1987-1996).\2\
                                           Acura NSX.
                                           Acura RL.
                                           Acura SLX.
                                           Acura TL.
                                           Acura Vigor (MYs 1992-1995).\3\

ISUZU....................................  Impulse (MYs 1987-1991).
JAGUAR...................................  XK8
MAZDA....................................  929.
                                           RX-7.
                                           Millenia.
MERCEDES-BENZ............................  124 Car Line (the models within this line are):
                                           300D.
                                           300E.
                                           300CE.
                                           300TE.
                                           400E.
                                           500E.
                                           129 Car Line (the models within this line are):
                                           300SL.\4\
                                           500SL.\5\
                                           600SL.\6\
                                           SL320.
                                           SL500.
                                           SL600.
                                           202 Car Line (the models within this line are):
                                           C220.
                                           C230.
                                           C280.
                                           C36
MITSUBISHI...............................  Galant.
                                           Starion.
                                           Diamante.
NISSAN...................................  Nissan Maxima.\7\
                                           Nissan 300ZX.
                                           Infiniti I30.
                                           Infiniti J30.
                                           Infiniti M30.
                                           Infiniti QX4.
                                           Infiniti Q45.
PORSCHE..................................  911.
                                           928.
                                           968.
                                           Boxster.
SAAB.....................................  900.
                                           9000.
TOYOTA...................................  Toyota Supra.

[[Page 38101]]


                                           Toyota Cressida.
                                           Lexus ES.
                                           Lexus GS.
                                           Lexus LS.
                                           Lexus SC
VOLKSWAGEN...............................  Audi 5000S.
                                           Audi 100.
                                           Audi 200.
                                           Audi A6.
                                           Audi S4.
                                           Audi S6.
                                           Audi Cabriolet.
                                           Volkswagen Cabrio.
                                           Volkswagen Corrado.
                                           Volkswagen Golf/GTI.
                                           Volkswagen Passat.
                                           Volkswagen Jetta/Jetta III
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\1\ Exempted in full beginning with MY 1999.
\2\ Renamed the Acura RL beginning with MY 1997.
\3\ Replaced by the Acura TL beginning with MY 1996.
\4\ Replaced by the SL320 beginning with MY 1997.
\5\ Renamed the SL500 beginning with MY 1994.
\6\ Renamed the SL600 beginning with MY 1994.
\7\ Exempted in full beginning with MY 1999.

Appendix A--II to Part 541--High-Theft Lines With Antitheft Devices
Which are Exempted In-Part From the Parts-Marking Requirements of
This Standard Pursuant to 49 CFR Part 543

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            Manufacturers                  Subject lines                       Parts to be marked
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GENERAL MOTORS......................  Buick LeSabre..........  Engine, Transmission.
                                      Cadillac Deville.......  Engine, Transmission.
                                      Cadillac Eldorado......  Engine, Transmission.
                                      Cadillac Sixty Special   Engine, Transmission.
                                       \1\.
                                      Oldsmobile Ninety-Eight  Engine, Transmission.
                                      Pontiac Bonneville.....  Engine, Transmission.
                                      Pontiac Firebird.......  Engine, Transmission.
                                      Chevrolet Camaro.......  Engine, Transmission.
                                      Oldsmobile Eighty-Eight  Engine, Transmission.
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\1\ Renamed the Cadillac Concours beginning with MY 1994.

    Issued on: June 30, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-18538 Filed 7-14-98; 8:45 am]
BILLING CODE 4910-59-P
