Federal Motor Vehicle Theft Prevention Standard; Final Listing of 2008 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2008, 54600-54602 [E7-18971]
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Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations
Dated: September 17, 2007.
Michael K. Buckley,
Deputy Assistant Administrator, Mitigation,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E7–18952 Filed 9–25–07; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 40
Procedures for Transportation
Workplace Drug and Alcohol Testing
Programs
CFR Correction
In Title 49 of the Code of Federal
Regulations, Parts 1 to 99, revised as of
October 1, 2006, the heading for
§ 40.209, on page 680 is corrected to
read as follows:
§ 40.209 What procedural problems do not
result in the cancellation of a test and do
not require correction?
*
*
*
*
*
[FR Doc. 07–55511 Filed 9–25–07; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 541
[Docket No. NHTSA–2007–28497]
RIN 2127–AJ97
Federal Motor Vehicle Theft Prevention
Standard; Final Listing of 2008 Light
Duty Truck Lines Subject to the
Requirements of This Standard and
Exempted Vehicle Lines for Model Year
2008
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule.
rmajette on PROD1PC64 with RULES
AGENCY:
SUMMARY: This final rule announces
NHTSA’s determination that no new
model year (MY) 2008 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
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15:42 Sep 25, 2007
Jkt 211001
vehicles are equipped with antitheft
devices determined to meet certain
statutory criteria pursuant to the statute
relating to motor vehicle theft
prevention.
DATES: Effective Date: The amendment
made by this final rule is effective
September 26, 2007.
FOR FURTHER INFORMATION CONTACT: Ms.
Rosalind Proctor, Consumer Programs
Division, Office of International Policy,
Fuel Economy and Consumer Programs,
NHTSA, West Building, 1200 New
Jersey Avenue, SE., (NVS–131, Room
W43–302) Washington, DC 20590. Ms.
Proctor’s telephone number is (202)
366–0846. Her fax number is (202) 493–
0073.
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
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
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Sfmt 4700
standard unless it is exempted under
§ 33106. Section 33106 provides that a
manufacturer may petition to have a
line exempted from the requirements of
§ 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.
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 their
interchangeable parts with those of a
passenger motor vehicle line in
accordance with 49 CFR 542.2 became
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 have
been 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). On April 19, 2006, the
final listing of MY 2007 high-theft
vehicle lines was published in the
Federal Register (71 FR 20022).
The final listing identified that there
were no new vehicle lines that became
subject to the theft prevention standard
beginning with the 2007 model year. For
MY 2008, 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.
Subsequent to publishing the 2007
final rule, two 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 Ford Motor
Company for the Five Hundred vehicle
E:\FR\FM\26SER1.SGM
26SER1
Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations
line and Mitsubishi Motors Corporation
for the Eclipse vehicle line, all
beginning with the 2007 model year.
For MY 2008, the list of lines that
have been exempted by the agency from
the parts-marking requirements of Part
541 includes ten vehicle lines newly
exempted in full. The nine exempted
vehicle lines are the BMW 1, the Dodge
Magnum, the Nissan Versa, the Ford
Taurus X, the Subaru Impreza, the
Saturn Aura, the Hyundai Azera, the
Mazda CX–9, the Mercedes-Benz C-Line
Chassis (C-Class/CLK-Class) and the
Volkswagen New Beetle.
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. Subsequent to publishing
the April 19, 2006 Federal Register
notice, the agency was informed that the
Mazda RX–7 vehicle line was
discontinued in MY 1995 and the RX–
8 was erroneously listed as an exempted
vehicle line. Therefore, both vehicle
lines have been removed from the
Appendix A–I listing. The agency will
continue to maintain a comprehensive
database of all exemptions on our Web
site. However, we believe that republishing 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
rmajette on PROD1PC64 with RULES
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
VerDate Aug<31>2005
15:42 Sep 25, 2007
Jkt 211001
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
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.
54601
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)
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.
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 § 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.
C. National Environmental Policy Act
G. Paperwork Reduction 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.
The Department of Transportation has
not submitted an information collection
request to OMB for review and
clearance under the Paperwork
Reduction Act of 1995 (Pub. L. 104–13,
44 U.S.C. Chapter 35). This rule does
not impose any new information
collection requirements on
manufacturers.
B. Regulatory Flexibility Act
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
PO 00000
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List of Subjects in 49 CFR Part 541
Administrative practice and
procedure, Labeling, Motor vehicles,
Reporting and recordkeeping
requirements.
1 See
E:\FR\FM\26SER1.SGM
61 FR 4729, February 7, 1996.
26SER1
54602
Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations
In consideration of the foregoing, 49
CFR part 541 is amended 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—Continued
PART 541—[AMENDED]
1. The authority citation for part 541
continues to read as follows:
I
Authority: 49 U.S.C. 33101, 33102, 33103,
33105; delegation of authority at 49 CFR 1.50.
Manufacturer
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
Manufacturer
Subject lines
BMW .........................
MINI.
X5.
Z4.
1 Car Line.2
3 Car Line.
5 Car Line.
6 Car Line.
7 Car Line.
300C.
Jeep Grand Cherokee.
Conquest.
Town and Country
MPV.
Dodge Charger.
Dodge Magnum.2
Ford Five Hundred.3
Ford Focus.
Lincoln Town Car.
Mustang.
Mercury Sable
(2001–2004).
Mercury Grand Marquis.
Taurus (2000–2004).
Taurus X.2
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.
Chevrolet Corvette.
Chevrolet Impala/
Monte Carlo.
Chevrolet Lumina/
Monte Carlo
(1996–1999).
Chevrolet Malibu
(2001–2003).
Chevrolet Malibu/
Malibu Maxx.
Chevrolet Uplander.
Chevrolet Venture
(2002–2004).
Oldsmobile Alero.
Chrysler 1 ...................
Ford Motor Co ...........
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General Motors .........
VerDate Aug<31>2005
15:42 Sep 25, 2007
Jkt 211001
Honda ........................
Hyundai .....................
Isuzu ..........................
Jaguar .......................
Mazda .......................
Mercedes-Benz .........
Mitsubishi ..................
Nissan .......................
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Frm 00084
Fmt 4700
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—Continued
Subject lines
Oldsmobile Aurora.
Pontiac Bonneville.
Pontiac G6.
Pontiac Grand Am.
Pontiac Grand Prix.
Pontiac Sunfire.
Saturn Aura.2
Acura CL.
Acura NSX.
Acura RL.
Acura TL.
Azera.
Axiom.
XK.
3.
6.
CX–7.
CX–9.2
MX–5 Miata.
Millenia.
SL-Class (the models
within this line are):
300SL.
500SL.
600SL.
SL500.
SL550.
SL600.
SL55.
SL65.
S-Class/CL-Class
(the models within
this line are):
S450.
S500.
S550.
S600.
S55.
S65.
CL500.
CL600.
CL55.
CL65.
C-Class/CLK-Class 2
(the models within
this line are):
C240.
C300.
C350.
CLK 350.
CLK 550.
CLK 63AMG.
E-Class/CLS Class
(the models within
this line are):
E320/E320DT CDi.
E350/E500/E55.
CLS500/CLS55.
Eclipse.3
Endeavor.
Galant.
Diamante.
Altima.
Maxima.
Pathfinder.
Quest.
Sfmt 4700
Manufacturer
Subject lines
Porsche .....................
Saab ..........................
Subaru .......................
Suzuki .......................
Toyota .......................
Volkswagen ...............
Sentra.
Versa.2
350Z.
Infiniti G35.
Infiniti I30.
Infiniti J30.
Infiniti M30.
Infiniti M45.
Infiniti QX4.
Infiniti Q45.
911.
Boxster/Cayman.
9–3.
Impreza.2
B9 Tribeca.
XL–7.
Lexus GS.
Lexus LS.
Lexus SC.
Audi 5000S.
Audi A4.
Audi Allroad.
A6.
New Beetle.2
Cabrio.
Golf/GTI.
Jetta.
Passat.
1 Formerly
known as DaimlerChrysler.
an exemption from the parts
marking requirements beginning with MY
2008.
3 Granted an exemption from the parts
marking requirements beginning with MY
2007.
2 Granted
Issued on: September 20, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E7–18971 Filed 9–25–07; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
Hunting and Fishing
CFR Correction
In Title 50 of the Code of Federal
Regulations, Parts 18 to 199, revised as
of October 1, 2006, in §32.31, on page
247, under the heading ‘‘Minidoka
National Wildlife Refuge,’’ paragraph D
is revised to read as follows:
§ 32.31
*
E:\FR\FM\26SER1.SGM
Idaho.
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]]>Agencies
[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Rules and Regulations]
[Pages 54600-54602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18971]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. NHTSA-2007-28497]
RIN 2127-AJ97
Federal Motor Vehicle Theft Prevention Standard; Final Listing of
2008 Light Duty Truck Lines Subject to the Requirements of This
Standard and Exempted Vehicle Lines for Model Year 2008
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) 2008 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.
DATES: Effective Date: The amendment made by this final rule is
effective September 26, 2007.
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer
Programs Division, Office of International Policy, Fuel Economy and
Consumer Programs, NHTSA, West Building, 1200 New Jersey Avenue, SE.,
(NVS-131, Room W43-302) Washington, DC 20590. Ms. Proctor's telephone
number is (202) 366-0846. Her fax number is (202) 493-0073.
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 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 Sec. 33106.
Section 33106 provides that a manufacturer may petition to have a 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 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.
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 their interchangeable parts
with those of a passenger motor vehicle line in accordance with 49 CFR
542.2 became 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 have been
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). On April 19, 2006,
the final listing of MY 2007 high-theft vehicle lines was published in
the Federal Register (71 FR 20022).
The final listing identified that there were no new vehicle lines
that became subject to the theft prevention standard beginning with the
2007 model year. For MY 2008, 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.
Subsequent to publishing the 2007 final rule, two 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 Ford Motor Company
for the Five Hundred vehicle
[[Page 54601]]
line and Mitsubishi Motors Corporation for the Eclipse vehicle line,
all beginning with the 2007 model year.
For MY 2008, the list of lines that have been exempted by the
agency from the parts-marking requirements of Part 541 includes ten
vehicle lines newly exempted in full. The nine exempted vehicle lines
are the BMW 1, the Dodge Magnum, the Nissan Versa, the Ford Taurus X,
the Subaru Impreza, the Saturn Aura, the Hyundai Azera, the Mazda CX-9,
the Mercedes-Benz C-Line Chassis (C-Class/CLK-Class) and the Volkswagen
New Beetle.
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. Subsequent to publishing the April
19, 2006 Federal Register notice, the agency was informed that the
Mazda RX-7 vehicle line was discontinued in MY 1995 and the RX-8 was
erroneously listed as an exempted vehicle line. Therefore, both vehicle
lines have been removed from the Appendix A-I listing. 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
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.
---------------------------------------------------------------------------
G. Paperwork Reduction Act
The Department of Transportation has not submitted an information
collection request to OMB for review and clearance under the Paperwork
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This rule
does not impose any new information collection requirements on
manufacturers.
List of Subjects in 49 CFR Part 541
Administrative practice and procedure, Labeling, Motor vehicles,
Reporting and recordkeeping requirements.
[[Page 54602]]
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. 33101, 33102, 33103, 33105; 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.
1 Car Line.\2\
3 Car Line.
5 Car Line.
6 Car Line.
7 Car Line.
Chrysler \1\.............................. 300C.
Jeep Grand Cherokee.
Conquest.
Town and Country MPV.
Dodge Charger.
Dodge Magnum.\2\
Ford Motor Co............................. Ford Five Hundred.\3\
Ford Focus.
Lincoln Town Car.
Mustang.
Mercury Sable (2001-2004).
Mercury Grand Marquis.
Taurus (2000-2004).
Taurus X.\2\
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.
Chevrolet Corvette.
Chevrolet Impala/Monte
Carlo.
Chevrolet Lumina/Monte Carlo
(1996-1999).
Chevrolet Malibu (2001-
2003).
Chevrolet Malibu/Malibu
Maxx.
Chevrolet Uplander.
Chevrolet Venture (2002-
2004).
Oldsmobile Alero.
Oldsmobile Aurora.
Pontiac Bonneville.
Pontiac G6.
Pontiac Grand Am.
Pontiac Grand Prix.
Pontiac Sunfire.
Saturn Aura.\2\
Honda..................................... Acura CL.
Acura NSX.
Acura RL.
Acura TL.
Hyundai................................... Azera.
Isuzu..................................... Axiom.
Jaguar.................................... XK.
Mazda..................................... 3.
6.
CX-7.
CX-9.\2\
MX-5 Miata.
Millenia.
Mercedes-Benz............................. SL-Class (the models within
this line are):
300SL.
500SL.
600SL.
SL500.
SL550.
SL600.
SL55.
SL65.
S-Class/CL-Class (the models
within this line are):
S450.
S500.
S550.
S600.
S55.
S65.
CL500.
CL600.
CL55.
CL65.
C-Class/CLK-Class \2\ (the
models within this line
are):
C240.
C300.
C350.
CLK 350.
CLK 550.
CLK 63AMG.
E-Class/CLS Class (the
models within this line
are):
E320/E320DT CDi.
E350/E500/E55.
CLS500/CLS55.
Mitsubishi................................ Eclipse.\3\
Endeavor.
Galant.
Diamante.
Nissan.................................... Altima.
Maxima.
Pathfinder.
Quest.
Sentra.
Versa.\2\
350Z.
Infiniti G35.
Infiniti I30.
Infiniti J30.
Infiniti M30.
Infiniti M45.
Infiniti QX4.
Infiniti Q45.
Porsche................................... 911.
Boxster/Cayman.
Saab...................................... 9-3.
Subaru.................................... Impreza.\2\
B9 Tribeca.
Suzuki.................................... XL-7.
Toyota.................................... Lexus GS.
Lexus LS.
Lexus SC.
Volkswagen................................ Audi 5000S.
Audi A4.
Audi Allroad.
A6.
New Beetle.\2\
Cabrio.
Golf/GTI.
Jetta.
Passat.
------------------------------------------------------------------------
\1\ Formerly known as DaimlerChrysler.
\2\ Granted an exemption from the parts marking requirements beginning
with MY 2008.
\3\ Granted an exemption from the parts marking requirements beginning
with MY 2007.
Issued on: September 20, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E7-18971 Filed 9-25-07; 8:45 am]
BILLING CODE 4910-59-P
