Federal Motor Vehicle Theft Prevention Standard; Final Listing of 2015 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2015, 46715-46718 [2014-18663]
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Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Rules and Regulations
Procedure for Adjudication of Small
Claims. Non-confidential filings may be
submitted in hard copy or as a Microsoft
Word or PDF attachment addressed to
secretary@fmc.gov. Confidential filings
must be accompanied by a transmittal
letter that identifies the filing as
‘‘confidential’’ and describes the nature
and extent of the confidential treatment
requested. Any comment that contains
confidential information must consist of
the complete filing and be marked by
the filer as ‘‘Confidential-Restricted,’’
with the material claimed to be
confidential clearly marked on each
page. The Commission will provide
confidential treatment to the extent
allowed by law for submissions, or parts
of submissions, for which the filer
requests confidentiality. A public
version must be submitted with the
confidential version if applicable.
Questions regarding filing or treatment
of confidential responses to this notice
should be directed to the Commission’s
Secretary, Karen V. Gregory, at the
telephone number or email provided in
this notice.
The Commission expects the
amendments to be noncontroversial as
they address the Commission’s internal
procedures. Therefore, pursuant to 5
U.S.C. 553, notice and comment are not
required and this rule may become
effective after publication in the Federal
Register unless the Commission
receives significant adverse comments
within the specified period. The
Commission recognizes that parties may
have information that could impact the
Commission’s views and intentions
with respect to the revised internal
procedures, and the Commission
intends to consider any comments filed.
The Commission will withdraw the rule
if it receives significant adverse
comments. Filed comments that are not
adverse may be considered for
modifications to part 502 at a future
date. If no significant adverse comment
is received, the rule will become
effective without additional action.
This direct final rule is not a ‘‘major
rule’’ under 5 U.S.C. 804(2). No notice
of proposed rulemaking is required;
therefore, the provisions of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., do not apply.
Pursuant to Section 11(a) of the
Shipping Act of 1984 (46 U.S.C.
41301(a)), a person may file a complaint
with the Commission claiming a
violation of the Shipping Act of 1984
and may seek reparations for an injury
caused by the violation. With the
consent of both parties, claims in the
amount of $50,000 or less are decided
without the necessity of formal
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procedures under the Commission’s
rules.
The current rules provide that claims
less than $50,000 will be decided by a
Settlement Officer appointed by the
Commission’s Alternative Dispute
Resolution Specialist. The new rules
provide that claims in the amount of
$50,000 or less will be decided by a
Small Claims Officer appointed by the
Commission’s Chief Administrative Law
Judge.
List of Subjects in 46 CFR Part 502
Administrative practice and
procedure, Claims, Equal access to
justice, Investigations, Lawyers,
Maritime carriers, Penalties, Reporting
and recordkeeping requirements.
For the reasons stated in the
preamble, the Federal Maritime
Commission amends 46 CFR Part 502,
Subpart S as follows:
46715
Exhibit No. 1 to Subpart S of Part 502
[Amended]
4. Amend Exhibit No. 1 to Subpart S,
paragraph VII, by removing the
reference ‘‘Settlement Officer’’ and
adding the reference ‘‘Small Claims
Officer’’ in its place.
■
Exhibit No. 2 to Subpart S of Part 502
[Amended]
5. Amend Exhibit No. 2 to Subpart S,
by removing the reference ‘‘Settlement
Officer’’ and adding the reference
‘‘Small Claims Officer’’ in its place.
■
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2014–18917 Filed 8–8–14; 8:45 am]
BILLING CODE 6730–01–P
DEPARTMENT OF TRANSPORTATION
PART 502—RULES OF PRACTICE AND
PROCEDURE
National Highway Traffic Safety
Administration
1. The authority citation for part 502
continues to read as follows:
49 CFR Part 541
■
Authority: 5 U.S.C. 504, 551, 552, 553,
556(c), 559, 561–569, 571–596; 5 U.S.C. 571–
584; 18 U.S.C. 207; 28 U.S.C. 2112(a); 31
U.S.C. 9701; 46 U.S.C. 305, 40103–40104,
40304, 40306, 40501–40503, 40701–40706,
41101–41109, 41301–41309, 44101–44106;
E.O. 11222 of May 8, 1965.
Subpart S—Informal Procedure for
Adjudication of Small Claims
2. Revise § 502.301(b) to read as
follows:
■
§ 502.301
Statement of policy.
*
*
*
*
*
(b) With the consent of both parties,
claims filed under this subpart in the
amount of $50,000 or less will be
decided by a Small Claims Officer
appointed by the Federal Maritime
Commission’s Chief Administrative Law
Judge, without the necessity of formal
proceedings under the rules of this part.
Authority to issue decisions under this
subpart is delegated to the appointed
Small Claims Officer.
*
*
*
*
*
§ 502.304
[Amended]
3. Amend § 502.304 by:
a. In paragraphs (a), (d), (e), (g), and
(h) removing the reference ‘‘Settlement
Officer’’ and adding the reference
‘‘Small Claims Officer’’ in its place; and
■ b. In paragraphs (g) and (h) removing
the reference ‘‘Settlement Officer’s’’ and
adding the reference ‘‘Small Claims
Officer’s’’ in its place.
■
■
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[Docket No. NHTSA–2014–0059]
RIN 2127–AL50
Federal Motor Vehicle Theft Prevention
Standard; Final Listing of 2015 Light
Duty Truck Lines Subject to the
Requirements of This Standard and
Exempted Vehicle Lines for Model Year
2015
National Highway Traffic
Safety Administration (NHTSA), U.S.
Department of Transportation.
ACTION: Final rule.
AGENCY:
This final rule announces
NHTSA’s determination that there are
no new model year (MY) 2015 light duty
truck lines 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 because
they have a majority of interchangeable
parts with those of a passenger motor
vehicle line. This final rule also
identifies those vehicle lines that have
been granted an exemption from the
parts-marking requirements because the
vehicles are equipped with antitheft
devices determined to meet certain
statutory criteria.
DATES: The amendment made by this
final rule is effective August 11, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Rosalind Proctor, Consumer Standards
Division, Office of International Policy,
Fuel Economy and Consumer Programs,
NHTSA, West Building, 1200 New
SUMMARY:
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46716
Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Rules and Regulations
Jersey Avenue SE., (NVS–131, Room
W43–302) Washington, DC 20590. Ms.
Proctor’s telephone number is (202)
366–4807. Her fax number is (202) 493–
0073.
SUPPLEMENTARY INFORMATION: The theft
prevention standard (49 CFR Part 541)
applies to (1) all passenger car lines; (2)
all multipurpose passenger vehicle
(MPV) lines with a gross vehicle weight
rating (GVWR) of 6,000 pounds or less;
(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 car or
MPV lines; and (4) high-theft LDT lines
with a GVWR of 6,000 pounds or less.
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 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
§ 33106. Section 33106 provides that a
manufacturer may petition annually to
have one vehicle line exempted from
the requirements of § 33104, if the line
is equipped with an antitheft device
meeting certain conditions 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 LDT lines that have been
determined to be high theft pursuant to
49 CFR Part 541, those LDT lines that
have been determined to have major
parts that are interchangeable with a
majority of the covered major parts of
passenger car or MPV lines and those
vehicle lines that are exempted from the
theft prevention standard under section
33104. Appendix A to Part 541
identifies those LDT lines that are or
will be subject to the theft prevention
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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.
For MY 2015, there are no new LDT
lines that will be subject to the theft
prevention standard in accordance with
the procedures published in 49 CFR Part
542. Therefore, Appendix A does not
need to be amended.
For MY 2015, the list of lines that
have been exempted by the agency from
the parts-marking requirements of Part
541 is amended to include nine vehicle
lines newly exempted in full. The ten
exempted vehicle lines are the BMW
X4, Chrysler 200, Ford Fiesta, Subaru
WRX, Cadillac SRX, Honda Accord,
Jaguar Land Rover Discovery Sport,
Nissan NV200 Taxi, Toyota Highlander
and the Volkswagen Audi Q3.
Subsequent to publishing the July 23,
2013 final rule (See 78 FR 44030), the
agency also granted two petitions for
exemption in full to Porsche Cars North
America, Inc., and Tesla Motors, Inc.,
for the Macan and Model X vehicle lines
respectively, beginning with their MY
2014 vehicles.
We note that the agency also removes
from the list being published in the
Federal Register each year certain
vehicles lines that have been
discontinued more than 5 years ago.
Therefore, the agency is removing the
Mercury Sable, Ford Taurus X, Saturn
Aura, Kia Amanti, and the Suzuki
XL–7 vehicle lines 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.
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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 or
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
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Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Rules and Regulations
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.
tkelley on DSK3SPTVN1PROD with RULES
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 § 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.
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.
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. 33101, 33102, 33103,
33104, 33105 and 33106; delegation of
authority at 49 CFR 1.50.
HONDA ........
2. In part 541, Appendix A–I is
revised to read as follows:
HYUNDAI .....
■
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
BMW ............
CHRYSLER ..
FORD
MOTOR
CO.
G. Paperwork Reduction Act
The Department of Transportation has
not submitted an information collection
request to OMB for review and
clearance under the Paperwork
1 See
61 FR 4729, February 7, 1996.
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Manufacturer
GENERAL
MOTORS.
PO 00000
Frm 00053
JAGUAR .......
Subject lines
MINI.
X1.
X3.
X4.1
X5.
Z4.
1 Car Line.
3 Car Line.
4 Car Line.
5 Car Line.
6 Car Line.
7 Car Line.
300C.
Jeep Cherokee.
Fiat 500.
Town and Country MPV.
Jeep Grand Cherokee.
Jeep Patriot.
Jeep Wrangler.
Dodge Charger.
Dodge Challenger.
Dodge Dart.
Dodge Journey.
Dodge Magnum (2008).
C-Maxx.
KIA ...............
MASERATI ...
MAZDA .........
MERCEDESBENZ.
Sfmt 4700
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Subject lines
Buick LaCrosse.
Buick Verano.
Cadillac ATS.
Cadillac CTS.
Cadillac DTS/Deville.
Cadillac SRX.1
Cadillac XTS/Deville.
Chevrolet Camaro.
Chevrolet Cobalt (2005–
2010).
Chevrolet Corvette.
Chevrolet Cruze.
Chevrolet Equinox.
Chevrolet Impala/Monte
Carlo.
Chevrolet Malibu.
Chevrolet Sonic.
GMC Terrain.
Pontiac G6.
Saturn Aura.
Accord.1
Civic.
Acura TL.
Azera.
Genesis.
Equus (originally codenamed
VI).
F-Type.
XJ.
XK.
Land Rover Discovery Sport.1
Land Rover LR2.
Land Rover Range Rover
Evoque.
Amanti.
Quattroporte.
2.
3.
5.
6.
CX–5.
CX–7.
CX–9.
MX–5 Miata.
Tribute.
smart USA fortwo.
SL-Line Chassis (SL-Class).
(the models within this line
are):
SL550.
SL55.
SL 63/AMG.
SL 65/AMG.
SLK-Line Chassis (SLKClass).
(the models within this line
are):
SLK 250.
SLK 300.
SLK 350.
SLK 55 AMG.
S-Line Chassis (S-Class/CLClass).
(the models within this line
are):
S450.
S500.
S550.
S600.
S55.
S63 AMG.
S65 AMG.
CL55.
Edge.
Escape.
Explorer.
Fiesta.1
Focus.
Fusion.
Lincoln Town Car.
Mustang.
Mercury Mariner.
Mercury Grand Marquis.
Mercury Sable.
Taurus.
Taurus X.
Buick Lucerne.
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46718
Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Rules and Regulations
Manufacturer
Subject lines
MITSUBISHI
CL65.
CL500.
CL550.
CL600.
NGCC Chassis Line (CLAClass).
(the models within this line
are):
CLA250.
CLA250 4MATIC.
CLA45 4MATIC AMG.
C-Line Chassis (C-Class/CLK/
GLK-Class).
(the models within this line
are):
C63 AMG.
C240.
C250.
C300.
C350.
CLK 350.
CLK 550.
CLK 63AMG.
GLK250.
GLK350.
E-Line Chassis (E-Class/CLS
Class).
(the models within this line
are):
E55.
E63 AMG.
E320 BLUETEC.
E350 BLUETEC.
E320/E320DT CDi.
E350/E500/E550.
E400 HYBRID.
CLS500/CLS55.
Eclipse.
Endeavor.
Galant.
iMiEV.
Lancer.
Outlander.
Outlander Sport.
Mirage.
Altima.
Cube.
Juke.
Leaf.
Maxima.
Murano.
NV200 Taxi.1
Pathfinder.
Quest.
Rogue.
Sentra.
Versa (2008–2011).
Versa Hatchback.
Versa Note.
Infiniti G (2003–2013).
Infiniti Q50/60.3
Infiniti QX60.
Infiniti M.
Infiniti Q70.4
911.
Boxster/Cayman.
Macan.2
Panamera.
9–3.
9–5.
Forester.
Impreza.
Legacy.
B9 Tribeca.
NISSAN ........
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PORSCHE ...
SAAB ............
SUBARU ......
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Manufacturer
SUZUKI ........
TESLA ..........
TOYOTA ......
VOLKSWAGEN.
VOLVO .........
Subject lines
Outback.
WRX.1
XV Crosstrek.
Kizashi.
XL–7.
Model S.
Model X.2
Camry.
Corolla.
Highlander.1
Lexus ES.
Lexus GS.
Lexus LS.
Lexus SC.
Prius.
RAV4.
Audi A3.
1 Granted an exemption from the parts
marking requirements beginning with MY
2015.
2 Granted an exemption from the parts
marking requirements beginning with MY
2014.
3 The nameplate for the Infiniti G vehicle line
was changed to the Infiniti Q50/60 vehicle line
beginning with MY 2014.
4 The nameplate for the Infiniti M was
changed to the Infiniti Q70 beginning with MY
2014.
Under authority delegated in 49 CFR part
1.95.
David M. Hines,
Acting Associate Administrator for
Rulemaking.
[FR Doc. 2014–18663 Filed 8–8–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 130903775–4276–02]
RIN 0648–XD378
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Closure of the
2014 Trimester 2 Directed Longfin
Squid Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
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NMFS announces that the
2014 Trimester 2 longfin squid fishery
is closed. Vessels issued a commercial
Federal moratorium longfin squid
permit may not possess or land more
than an incidental amount of longfin
squid for the remainder of Trimester 2.
This action is necessary to prevent the
fishery from exceeding its Trimester 2
quota and to allow for effective
management of the stock. Regulations
governing the longfin squid fishery
require publication of this notification
to advise permit holders that the fishery
is closed.
DATES: Effective 0001 hours, August 11,
2014, through 2400 hours, August 31,
2014.
FOR FURTHER INFORMATION CONTACT:
Peter Christopher, Supervisory Fishery
Policy Analyst, 978–281–9288, Fax 978–
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the longfin squid
fisheries are found at 50 CFR part 648.
The regulations require specifications
for maximum sustainable yield, initial
optimum yield, allowable biological
catch (ABC), domestic annual harvest
(DAH), domestic annual processing,
joint venture processing, and total
allowable levels of foreign fishing for
the species managed under the Atlantic
Mackerel, Squid, and Butterfish Fishery
Management Plan (FMP). The
procedures for setting the annual initial
specifications are described in § 648.22.
The longfin squid DAH for the 2014
fishing year (FY) is 21,810 mt, and is
allocated into three trimesters:
Trimester 1 (January 1–April 30) is
allocated 43 percent of the quota (9,378
mt); Trimester 2 (May 1–August 31) is
allocated 17 percent of the quota (3,708
mt); and Trimester 3 (September 1–
December 31) is allocated 40 percent of
the quota (8,724 mt) (79 FR 18834, April
4, 2014).
Due to an underharvest of quota in
Trimester 1, NMFS adjusted the
Trimester 2 quota from the initial quota
of 3,708 mt to a new quota of 5,562 mt.
Section 648.24 requires NMFS to close
the directed longfin squid fishery in the
EEZ, and reduce the possession limit for
moratorium longfin squid permit
holders, when 90 percent of the
Trimester 2 quota (5,006 mt) is projected
to be harvested. NMFS is required to
notify the Executive Directors of the
Mid-Atlantic, New England, and South
Atlantic Fishery Management Councils;
mail notification of the directed closure
and subsequent possession limit
SUMMARY:
Audi A4.
A4 Allroad MPV.
Audi A6.
Audi A8.
Audi Q3.1
Audi Q5.
Beetle.
Eos.
Golf/Rabbit/GTI/R.
Jetta.
New Beetle (renamed ‘‘Beetle’’ in MY 2012).
Passat.
Tiguan.
S60.
AGENCY:
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
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]]>Agencies
[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Rules and Regulations]
[Pages 46715-46718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18663]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. NHTSA-2014-0059]
RIN 2127-AL50
Federal Motor Vehicle Theft Prevention Standard; Final Listing of
2015 Light Duty Truck Lines Subject to the Requirements of This
Standard and Exempted Vehicle Lines for Model Year 2015
AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule announces NHTSA's determination that there are
no new model year (MY) 2015 light duty truck lines 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 because they have a majority of interchangeable parts
with those of a passenger motor vehicle line. This final rule also
identifies those vehicle lines that have been granted an exemption from
the parts-marking requirements because the vehicles are equipped with
antitheft devices determined to meet certain statutory criteria.
DATES: The amendment made by this final rule is effective August 11,
2014.
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer
Standards Division, Office of International Policy, Fuel Economy and
Consumer Programs, NHTSA, West Building, 1200 New
[[Page 46716]]
Jersey Avenue SE., (NVS-131, Room W43-302) Washington, DC 20590. Ms.
Proctor's telephone number is (202) 366-4807. Her fax number is (202)
493-0073.
SUPPLEMENTARY INFORMATION: The theft prevention standard (49 CFR Part
541) applies to (1) all passenger car lines; (2) all multipurpose
passenger vehicle (MPV) lines with a gross vehicle weight rating (GVWR)
of 6,000 pounds or less; (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
car or MPV lines; and (4) high-theft LDT lines with a GVWR of 6,000
pounds or less.
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 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 annually to
have one vehicle line exempted from the requirements of Sec. 33104, if
the line is equipped with an antitheft device meeting certain
conditions 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 LDT lines that
have been determined to be high theft pursuant to 49 CFR Part 541,
those LDT lines that have been determined to have major parts that are
interchangeable with a majority of the covered major parts of passenger
car or MPV lines and those vehicle lines that are exempted from the
theft prevention standard under section 33104. Appendix A to Part 541
identifies those LDT lines that are or 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.
For MY 2015, there are no new LDT lines that will be subject to the
theft prevention standard in accordance with the procedures published
in 49 CFR Part 542. Therefore, Appendix A does not need to be amended.
For MY 2015, the list of lines that have been exempted by the
agency from the parts-marking requirements of Part 541 is amended to
include nine vehicle lines newly exempted in full. The ten exempted
vehicle lines are the BMW X4, Chrysler 200, Ford Fiesta, Subaru WRX,
Cadillac SRX, Honda Accord, Jaguar Land Rover Discovery Sport, Nissan
NV200 Taxi, Toyota Highlander and the Volkswagen Audi Q3.
Subsequent to publishing the July 23, 2013 final rule (See 78 FR
44030), the agency also granted two petitions for exemption in full to
Porsche Cars North America, Inc., and Tesla Motors, Inc., for the Macan
and Model X vehicle lines respectively, beginning with their MY 2014
vehicles.
We note that the agency also removes from the list being published
in the Federal Register each year certain vehicles lines that have been
discontinued more than 5 years ago. Therefore, the agency is removing
the Mercury Sable, Ford Taurus X, Saturn Aura, Kia Amanti, and the
Suzuki XL-7 vehicle lines 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 or 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
[[Page 46717]]
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.
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, 33104, 33105 and
33106; delegation of authority at 49 CFR 1.50.
0
2. In part 541, 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.
X1.
X3.
X4.\1\
X5.
Z4.
1 Car Line.
3 Car Line.
4 Car Line.
5 Car Line.
6 Car Line.
7 Car Line.
CHRYSLER......................... 300C.
Jeep Cherokee.
Fiat 500.
Town and Country MPV.
Jeep Grand Cherokee.
Jeep Patriot.
Jeep Wrangler.
Dodge Charger.
Dodge Challenger.
Dodge Dart.
Dodge Journey.
Dodge Magnum (2008).
FORD MOTOR CO.................... C-Maxx.
Edge.
Escape.
Explorer.
Fiesta.\1\
Focus.
Fusion.
Lincoln Town Car.
Mustang.
Mercury Mariner.
Mercury Grand Marquis.
Mercury Sable.
Taurus.
Taurus X.
GENERAL MOTORS................... Buick Lucerne.
Buick LaCrosse.
Buick Verano.
Cadillac ATS.
Cadillac CTS.
Cadillac DTS/Deville.
Cadillac SRX.\1\
Cadillac XTS/Deville.
Chevrolet Camaro.
Chevrolet Cobalt (2005-2010).
Chevrolet Corvette.
Chevrolet Cruze.
Chevrolet Equinox.
Chevrolet Impala/Monte Carlo.
Chevrolet Malibu.
Chevrolet Sonic.
GMC Terrain.
Pontiac G6.
Saturn Aura.
HONDA............................ Accord.\1\
Civic.
Acura TL.
HYUNDAI.......................... Azera.
Genesis.
Equus (originally codenamed VI).
JAGUAR........................... F-Type.
XJ.
XK.
Land Rover Discovery Sport.\1\
Land Rover LR2.
Land Rover Range Rover Evoque.
KIA.............................. Amanti.
MASERATI......................... Quattroporte.
MAZDA............................ 2.
3.
5.
6.
CX-5.
CX-7.
CX-9.
MX-5 Miata.
Tribute.
MERCEDES-BENZ.................... smart USA fortwo.
SL-Line Chassis (SL-Class).
(the models within this line are):
SL550.
SL55.
SL 63/AMG.
SL 65/AMG.
SLK-Line Chassis (SLK-Class).
(the models within this line are):
SLK 250.
SLK 300.
SLK 350.
SLK 55 AMG.
S-Line Chassis (S-Class/CL-Class).
(the models within this line are):
S450.
S500.
S550.
S600.
S55.
S63 AMG.
S65 AMG.
CL55.
[[Page 46718]]
CL65.
CL500.
CL550.
CL600.
NGCC Chassis Line (CLA-Class).
(the models within this line are):
CLA250.
CLA250 4MATIC.
CLA45 4MATIC AMG.
C-Line Chassis (C-Class/CLK/GLK-
Class).
(the models within this line are):
C63 AMG.
C240.
C250.
C300.
C350.
CLK 350.
CLK 550.
CLK 63AMG.
GLK250.
GLK350.
E-Line Chassis (E-Class/CLS Class).
(the models within this line are):
E55.
E63 AMG.
E320 BLUETEC.
E350 BLUETEC.
E320/E320DT CDi.
E350/E500/E550.
E400 HYBRID.
CLS500/CLS55.
MITSUBISHI....................... Eclipse.
Endeavor.
Galant.
iMiEV.
Lancer.
Outlander.
Outlander Sport.
Mirage.
NISSAN........................... Altima.
Cube.
Juke.
Leaf.
Maxima.
Murano.
NV200 Taxi.\1\
Pathfinder.
Quest.
Rogue.
Sentra.
Versa (2008-2011).
Versa Hatchback.
Versa Note.
Infiniti G (2003-2013).
Infiniti Q50/60.\3\
Infiniti QX60.
Infiniti M.
Infiniti Q70.\4\
PORSCHE.......................... 911.
Boxster/Cayman.
Macan.\2\
Panamera.
SAAB............................. 9-3.
9-5.
SUBARU........................... Forester.
Impreza.
Legacy.
B9 Tribeca.
Outback.
WRX.\1\
XV Crosstrek.
SUZUKI........................... Kizashi.
XL-7.
TESLA............................ Model S.
Model X.\2\
TOYOTA........................... Camry.
Corolla.
Highlander.\1\
Lexus ES.
Lexus GS.
Lexus LS.
Lexus SC.
Prius.
RAV4.
VOLKSWAGEN....................... Audi A3.
Audi A4.
A4 Allroad MPV.
Audi A6.
Audi A8.
Audi Q3.\1\
Audi Q5.
Beetle.
Eos.
Golf/Rabbit/GTI/R.
Jetta.
New Beetle (renamed ``Beetle'' in MY
2012).
Passat.
Tiguan.
VOLVO............................ S60.
------------------------------------------------------------------------
\1\ Granted an exemption from the parts marking requirements beginning
with MY 2015.
\2\ Granted an exemption from the parts marking requirements beginning
with MY 2014.
\3\ The nameplate for the Infiniti G vehicle line was changed to the
Infiniti Q50/60 vehicle line beginning with MY 2014.
\4\ The nameplate for the Infiniti M was changed to the Infiniti Q70
beginning with MY 2014.
Under authority delegated in 49 CFR part 1.95.
David M. Hines,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2014-18663 Filed 8-8-14; 8:45 am]
BILLING CODE 4910-59-P
