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, 20022-20026 [06-3692]
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Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Rules and Regulations
(D.C. Cir. 1996) cast the validity of the
legislative veto into question, EPA has
transmitted a copy of this regulation to
the Secretary of the Senate and the Clerk
of the House of Representatives.
If action by Congress under either the
CRA or CERCLA section 305 calls the
effective date of this regulation into
question, EPA will publish a document
of clarification in the Federal Register.
Intergovernmental relations, Natural
resources, Oil pollution, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
List of Subjects in 40 CFR Part 300
40 CFR part 300 is amended as
follows:
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
I
Dated: April 12, 2006.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p. 193.
2. Table 1 of Appendix B to part 300
is amended by adding the following
sites in alphabetical order to read as
follows:
I
Appendix B to Part 300—National
Priorities List
TABLE 1.—GENERAL SUPERFUND SECTION
Notes (a)
State
Site name
*
*
CA .............................................................
*
*
Klau/Buena Vista Mine ...........................
*
*
San Luis Obispo County.
*
*
*
GA .............................................................
*
*
Alternate Energy Resources ...................
*
Augusta.
*
*
*
*
MA .............................................................
*
*
Olin Chemical .........................................
*
Wilmington.
*
*
*
*
NE .............................................................
*
*
Parkview Well .........................................
*
Grand Island.
*
*
*
*
NE .............................................................
*
*
West Highway 6 & Highway 281 ............
*
Hastings.
*
*
*
*
WA ............................................................
*
*
Quendall Terminals .................................
*
Renton.
*
*
*
*
*
*
*
City/county
*
*
= Based on issuance of health advisory by Agency for Toxic Substance and Disease Registry (HRS score need not be ≤ 28.50).
C = Sites on Construction Completion list.
S = State top priority (HRS score need not be ≤ 28.50)
P = Sites with partial deletion(s).
(a) A
*
*
*
*
*
ACTION:
[FR Doc. 06–3666 Filed 4–18–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 541
[Docket No. NHTSA–2006–23934]
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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
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
AGENCY:
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15:12 Apr 18, 2006
Jkt 208001
Final rule.
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
PO 00000
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Fmt 4700
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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
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Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Rules and Regulations
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
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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 (EClass/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
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Sfmt 4700
20023
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
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Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Rules and Regulations
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
Manufacturer
DAIMLERCHRYSLER ..............................................................................
FORD MOTOR CO ..................................................................................
GENERAL MOTORS ................................................................................
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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:
I
PART 541—[AMENDED]
1. The authority citation for Part 541
continues to read as follows:
I
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:
I
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
Subject lines
BMW .........................................................................................................
1 See
it would not have such an effect. In
accordance with § 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.
MINI.
X5.
Z4.
3 Car Line.
5 Car Line.
6 Car Line.
7 Car Line.
300C.2
Jeep Grand Cherokee.
Chrysler Conquest.
Chrysler Town and Country MPV.
Dodge Charger.1
Focus.2
Lincoln Town Car.
Mustang.
Mercury Sable (2001–2004).
Mercury Grand Marquis.
Taurus (2000–2004).
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
61 FR 4729, February 7, 1996.
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Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Rules and Regulations
Manufacturer
Subject lines
HONDA .....................................................................................................
ISUZU .......................................................................................................
JAGUAR ...................................................................................................
MAZDA .....................................................................................................
MERCEDES-BENZ ...................................................................................
MITSUBISHI .............................................................................................
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NISSAN ....................................................................................................
PORSCHE ................................................................................................
SAAB ........................................................................................................
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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.
Acura CL.
Acura NSX.
Acura RL.
Acura TL.
Axiom.
XK.
3.2
6.
CX–7.1
MX–5 Miata.
RX–7/8.
Millenia.
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.
Endeavor 2.
Galant.
Diamante.
Altima.
Maxima.
Pathfinder.
Quest.2
Sentra.1
350Z.
Infiniti G35.
Infiniti I30.
Infiniti J30.
Infiniti M30.
Infiniti M45.
Infiniti QX4.
Infiniti Q45.
911.
Boxster/Cayman.
9–3.
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Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Rules and Regulations
Manufacturer
Subject lines
SUBARU ...................................................................................................
SUZUKI .....................................................................................................
TOYOTA ...................................................................................................
VOLKSWAGEN ........................................................................................
1 Granted
2 Granted
3 Granted
an exemption from the partsmarking requirements beginning with MY 2007.
an exemption from the partsmarking requirements beginning with MY 2006.
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
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–06–24488]
RIN 2127–AJ85
I. Background
Federal Motor Vehicle Safety
Standards; Low-Speed Vehicles
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule amends the
definition of ‘‘low-speed vehicle’’ (LSV)
by increasing the Gross Vehicle Weight
Rating (GVWR) limit for the class of
LSVs to those vehicles with a GVWR of
less than 1,361 kilograms (3,000
pounds).
Effective Date: This rule becomes
effective June 5, 2006.
Petitions: If you wish to submit a
petition for reconsideration of this rule,
your petition must be received by June
5, 2006.
ADDRESSES: Petitions for reconsideration
should refer to the docket number above
and be submitted to: Administrator,
Room 5220, National Highway Traffic
Safety Administration, 400 Seventh
Street, SW., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: The
following persons at the National
Highway Traffic Safety Administration,
DATES:
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15:12 Apr 18, 2006
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400 Seventh Street, SW., Washington,
DC 20590.
For legal issues: Christopher M.
Calamita, Office of the Chief Counsel
(Telephone: 202–366–2992) (Fax: 202–
366–3820).
For other issues: Ms. Gayle
Dalrymple, Office of Crash Avoidance
Standards, NVS–123 (Telephone: 202–
366–5559) (Fax: 202–493–2739).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Petitions for Reconsideration
III. Today’s Final Rule in Response to
Petitions for Reconsideration
IV. Regulatory Analyses and Notices
49 CFR Part 571
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B9 Tribeca.2
XL–7.1
Lexus ES.
Lexus GS.
Lexus LS.
Lexus SC.
Audi 5000S.
Audi A4.1
Audi Allroad.
A6.
Cabrio.
Golf/GTI.
Jetta.
Passat.
On June 17, 1998, the National
Highway Traffic Safety Administration
(NHTSA) published a final rule
establishing a new Federal Motor
Vehicle Safety Standard (FMVSS) No.
500, ‘‘Low-speed vehicles,’’ and added a
definition of ‘‘low-speed vehicle’’ (LSV)
to 49 CFR 571.3 (63 FR 33194). This
new FMVSS and vehicle class definition
responded to the growing public interest
in using golf cars and other similarly
sized small vehicles to make short trips
for shopping, social, and recreational
purposes primarily within retirement or
other planned, self-contained
communities. These vehicles, many of
which are electric-powered, offer
comparatively low-cost, energyefficient, low-emission, quiet
transportation.1 The definition of LSV
established by that rulemaking was, ‘‘a
4-wheeled motor vehicle, other than a
truck, whose speed attainable in 1.6 km
(1 mile) is more than 32 kilometers per
hour (20 miles per hour) and not more
1 Electric LSVs are commonly referred to as
Neighborhood Electric Vehicles (NEVs). However,
NEVs are not specifically defined in the Federal
motor vehicle safety standards.
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than 40 kilometers per hour (25 miles
per hour) on a paved level surface.’’
In a notice of proposed rulemaking
(NPRM) published on December 8, 2003
(68 FR 68319), we granted the petitions
by Global Electric Motorcars (GEM) and
Solectria, and tentatively agreed with
the petitioners that the then-current
exclusion of trucks from the LSV
definition was too broad and did not
fully reflect current interpretations of
that definition.2 In the NPRM, we
proposed to drop the exclusion of trucks
from the definition, but limit the class
to small vehicles by limiting the Gross
Vehicle Weight Rating (GVWR) to less
than 1,134 kilograms (2,500-pounds)
and requiring a rated cargo load of at
least 36 kilograms (80 pounds). On
August 17, 2005 (70 FR 48313) we
published a final rule dropping the
truck restriction from the LSV class, but
limiting the class to vehicles with less
than 2,500-pounds GVWR. In the
preamble to the final rule, we explained
the rationale for adopting this
definition:
By removing the truck exclusion we
recognize that the LSV requirements are
applicable to some vehicles designed for
more work-related operation. Manufacturers
and the public are provided the advantages
of LSVs that may be designed primarily to
carry cargo. By limiting the GVWR, vehicles
for which the LSV requirements are not
appropriate are excluded from the LSV
definition, i.e., vehicles designed for use
outside of planned communities or that
could be designed to meet the FMVSS
requirements for cars, trucks, and multipurpose vehicles.
The GVWR limit prevents attempts to
circumvent FMVSSs for cars, trucks, and
multi-purpose passenger vehicles by
applying the LSV classification to vehicle
types that are able to meet the standards.
Defining a LSV as having a maximum GVWR
of less than 2,500 pounds also provides an
objective means for delineating between the
2 Docket
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No. NHTSA–03–16601.
19APR1
]]>Agencies
[Federal Register Volume 71, Number 75 (Wednesday, April 19, 2006)]
[Rules and Regulations]
[Pages 20022-20026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3692]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\1\ See 61 FR 4729, February 7, 1996.
---------------------------------------------------------------------------
List of Subjects in 49 CFR Part 541
Administrative practice and procedure, Labeling, Motor vehicles,
Reporting and recordkeeping requirements.
0
In consideration of the foregoing, 49 CFR part 541 is amended as
follows:
PART 541--[AMENDED]
0
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.
0
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
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
\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
