Federal Motor Vehicle Theft Prevention Standard; Final Listing of 2016 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2016, 60555-60560 [2015-25369]
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Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations
employee who has been granted access
to classified information; a contractor or
subcontractor employee in other
positions that the contractor or
subcontractor determines could
reasonably be expected to affect safety,
security, National security, or functions
other than the foregoing requiring a high
degree of trust and confidence; and
includes any employee performing in a
position designated mission critical or
performing mission critical duties. The
term also includes any applicant who is
tentatively selected for a position
described in this paragraph.
Mission Critical Space Systems means
the collection of all space-based and
ground-based systems used to conduct
space missions or support activity in
space, including, but not limited to, the
crewed space system, space-based
communication and navigation systems,
launch systems, and mission/launch
control.
Mission Critical Positions/Duties
means positions or duties which, if
performed in a faulty, negligent, or
malicious manner, could jeopardize
mission critical space systems and/or
delay a mission.
(b)(1) The Contractor shall institute
and maintain a program for achieving a
drug- and alcohol-free workforce. As a
minimum, the program shall provide for
pre-employment, reasonable suspicion,
random, post-accident, and periodic
recurring (follow-up) testing of
contractor employees in sensitive
positions for use, in violation of
applicable law or Federal regulation, of
alcohol or a controlled substance. The
Contractor may establish its testing or
rehabilitation program in cooperation
with other contractors or organizations.
(2) In determining which positions to
designate as ‘‘sensitive,’’ the contractor
may use the guidelines for determining
testing designated positions in NASA
Procedural Requirements (NPR) 3792.1,
NASA’s Plan for a Drug Free Workplace,
as a guide for the criteria and in
designating ‘‘sensitive’’ positions for
contractor employees.
(3) This clause neither prohibits nor
requires the Contractor to test
employees in a foreign country. If the
Contractor chooses to conduct such
testing, this does not authorize the
Contractor to violate foreign law in
conducting such testing.
(4) The Contractor’s program shall
conform to the ‘‘Mandatory Guidelines
for Federal Workplace Drug Testing
Programs’’ published by the Department
of Health and Human Services (73 FR
71858) and the procedures in 49 CFR
part 40, ‘‘Procedures for Transportation
Workplace Drug and Alcohol Testing
Programs.’’
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(i) The Contractor shall test for the
following drugs: Marijuana, Cocaine,
Amphetamines, Opiates and
Phencyclidine (PCP) in accordance with
the Mandatory Guidelines for Federal
Workplace Drug Testing Programs
Mandatory Guidelines, Section 3.1, and
49 CFR 40.85.
(ii) The contractor shall comply with
the requirements and procedures for
alcohol testing at 49 CFR part 40.
(iii) The use of a controlled substance
in accordance with the terms of a valid
prescription, or other uses authorized by
law shall not be subject to the
requirements this clause.
(5) The contractor shall conduct postaccident testing when the contractor
determines the employee’s actions are
reasonably suspected of having caused
or contributed to an accident resulting
in death or personal injury requiring
immediate hospitalization or damage to
Government or private property
estimated to exceed $20,000. Upon
request, the Contractor shall provide the
results of post-accident testing to the
Contracting Officer.
*
*
*
*
*
1852.246–70
[Removed and Reserved]
8. Section 1852.246–70 is removed
and reserved.
■
[FR Doc. 2015–25394 Filed 10–6–15; 8:45 am]
BILLING CODE 7510–13–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 541
[Docket No. NHTSA–2015–0043]
RIN 2127–AL59
Federal Motor Vehicle Theft Prevention
Standard; Final Listing of 2016 Light
Duty Truck Lines Subject to the
Requirements of This Standard and
Exempted Vehicle Lines for Model Year
2016
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) 2016 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 major parts that are
interchangeable with a majority of the
SUMMARY:
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60555
covered major parts of passenger car or
MPV lines. This final rule also identifies
those vehicle lines that have been
granted an exemption from the partsmarking 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 October 7, 2015.
FOR FURTHER INFORMATION CONTACT: Ms.
Rosalind Proctor, Consumer Standards
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)
366–4807. 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
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Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations
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 2016, 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 2016, the list of lines that
have been exempted by the agency from
the parts-marking requirements of Part
541 is amended to include ten vehicle
lines newly exempted in full. The ten
exempted vehicle lines are the BMW
X1(MPV), Lincoln MKX, Chevrolet
Spark, Honda CRV, Jaguar XF, Maserati
Ghibli, Mazda CX–3, Mercedes-Benz
smart Line Chassis, Toyota Sienna and
the Audi TT.
When publishing the August 11, 2014
final rule (See 79 FR 46715), the agency
erroneously omitted the Chrysler 200
vehicle line from the Appendix A–I
listing of ten vehicles that were
exempted from the parts marking
requirements for MY 2015. This notice
corrects that error.
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
Chevrolet Cobalt, Mercury Sable, Taurus
X, Pontiac G6, Saturn Aura, Kia Amanti,
Lexus SC 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
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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, Executive
Order 13563 and the Department of
Transportation’s regulatory policies
provide for making determinations on
whether a regulatory action is
‘‘significant’’ and therefore subject to
Office of Management and Budget
(OMB) review and to the requirements
of the Executive Orders. 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
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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 as it merely informs the
public about previous agency actions.
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.
As discussed above, this final rule only
provides better information to the
public about previous agency actions.
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 as it
only informs the public of previous
agency actions. In accordance with
1 See
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61 FR 4729, February 7, 1996.
07OCR1
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section 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.
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.
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
2. Appendix A–I to Part 541 is revised
to read as follows:
Subject lines
FORD MOTOR CO .......................................................................
GENERAL MOTORS ....................................................................
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Authority: 49 U.S.C. 33101, 33102, 33103,
33104, 33105 and 33106; delegation of
authority at 49 CFR 1.95.
■
CHRYSLER ..................................................................................
Jkt 238001
1. The authority citation for Part 541
continues to read as follows:
■
Administrative practice and
procedure, Labeling, Motor vehicles,
Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49
CFR part 541 is amended as follows:
BMW .............................................................................................
17:26 Oct 06, 2015
PART 541—[AMENDED]
List of Subjects in 49 CFR Part 541
Manufacturer
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MINI.
X1 (MPV).1
X1(2012–2015).2
X3.
X4.
X5.
Z4.
1 Car Line.
3 Car Line.
4 Car Line.
5 Car Line.
6 Car Line.
7 Car Line.
200.3
300C.
Jeep Cherokee.
Fiat 500.
Town and Country MPV.
Jeep Grand Cherokee.
Jeep Patriot.
Jeep Wrangler.
Dodge Charger.
Dodge Challenger.
Dodge Dart.
Dodge Journey.
C-Maxx.
Edge.
Escape.
Explorer.
Fiesta.
Focus.
Fusion.
Lincoln MKX.1
Lincoln Town Car.
Mustang.
Mercury Mariner.
Mercury Grand Marquis.
Taurus.
Buick Lucerne.
Buick LaCrosse.
Buick LaCrosse/Regal.
Buick Verano.
Cadillac ATS.
Cadillac CTS.
Cadillac DTS/Deville.
Cadillac SRX.
Cadillac XTS/Deville.
Chevrolet Camaro.
Chevrolet Corvette.
Chevrolet Cruze.
Chevrolet Equinox.
Chevrolet Impala/Monte Carlo.
Chevrolet Malibu.
Chevrolet Sonic.
Chevrolet Spark.1
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Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations
Manufacturer
Subject lines
HONDA .........................................................................................
HYUNDAI ......................................................................................
JAGUAR .......................................................................................
MASERATI ....................................................................................
MAZDA .........................................................................................
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MERCEDES-BENZ .......................................................................
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GMC Terrain.
Pontiac G6.
Saturn Aura.
Accord.
Acura TL.
Civic.
CRV.1
Azera.
Genesis.
Equus.
F-Type.
XF.1
XJ.
XK.
Land Rover Discovery Sport.
Land Rover LR2.
Land Rover Range Rover Evoque.
Ghibli.1
Quattroporte.
2.
3.
5.
6.
CX–3.1
CX–5.
CX–7.
CX–9.
MX–5 Miata.
Tribute.
smart USA fortwo.
smart Line Chassis.1
SL-Line Chassis (SL-Class) (the models within this line are):
SL400.
SL550.
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/CL/S-Coupe Class) 4 (the models within this line are):
S450.
S500.
S550.
S600.
S55.
S63 AMG.
S65 AMG.
CL55.
CL65.
CL500.
CL550.
CL600.
NGCC Chassis Line (CLA/GLA- Class) (the models within this line are):
CLA250.
CLA250 4MATIC.
CLA45 4MATIC AMG.
GLA250.
GLA45 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.
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Manufacturer
Subject lines
MITSUBISHI .................................................................................
NISSAN ........................................................................................
PORSCHE ....................................................................................
SAAB ............................................................................................
SUBARU .......................................................................................
SUZUKI .........................................................................................
TESLA ..........................................................................................
TOYOTA .......................................................................................
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VOLKSWAGEN ............................................................................
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E320 BLUETEC.
E350 BLUETEC.
E320/E320DT CDi.
E350/E500/E550.
E400 HYBRID.
CLS400.
CLS500.
CLS55 AMG.
CLS63 AMG.
Eclipse.
Endeavor.
Galant.
iMiEV.
Lancer.
Outlander.
Outlander Sport.
Mirage.
Altima.
Cube.
Juke.
Leaf.
Maxima.
Murano.
NV200 Taxi.
Pathfinder.
Quest.
Rogue.
Sentra.
Versa (2008–2011).
Versa Hatchback.
Versa Note.
Infiniti G (2003–2013).
Infiniti M (2004–2013).
Infiniti Q70.
Infiniti Q50/60.
Infiniti QX60.
911.
Boxster/Cayman.
Macan.
Panamera.
9–3.
9–5.
Forester.
Impreza.
Legacy.
B9 Tribeca.
Outback.
WRX.
XV Crosstrek.
Kizashi.
Model S.
Model X.
Camry.
Corolla.
Highlander.
Lexus ES.
Lexus GS.
Lexus LS.
Prius.
RAV4.
Sienna.1
Audi A3.
Audi A4.
A4 Allroad MPV.
Audi A6.
Audi A8.
Audi Q3.
Audi Q5.
Audi TT.1
Beetle.
Eos.
Golf/Rabbit/GTI/R32.
Jetta.
New Beetle (renamed ‘‘Beetle’’ in MY 2012).
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Manufacturer
Subject lines
VOLVO .........................................................................................
Passat.
Tiguan.
S60.
1 Granted
an exemption from the parts marking requirements beginning with MY 2016.
X1 carline was replaced by the X1 MPV line beginning in MY 2016. According to BMW, production of its X1 carline ceased in MY 2015.
3 Granted an exemption from the parts marking requirements beginning with MY 2015.
4 According to Mercedes-Benz, the CL-Class was renamed the S-Coupe Class beginning with MY 2015.
2 The
Under authority delegated in 49 CFR part
1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2015–25369 Filed 10–6–15; 8:45 am]
Background
On July 15, 2013, we received a
petition from WildEarth Guardians to
list 81 marine species as threatened or
endangered under the Endangered
Species Act (ESA). We found that the
petitioned actions may be warranted for
27 of the 81 species and announced the
initiation of status reviews for each of
the 27 species (78 FR 63941, October 25,
2013; 78 FR 66675, November 6, 2013;
78 FR 69376, November 19, 2013; 79 FR
9880, February 21, 2014; and 79 FR
10104, February 24, 2014). On
December 16, 2014, we published a
proposed rule to list the dusky sea snake
(Aipysurus fuscus) and three foreign
corals (Cantharellus noumeae,
Siderastrea glynni, and Tubastraea
floreana) as endangered species, and we
proposed to list the Banggai cardinalfish
(Pterapogon kauderni) and Harrisson’s
dogfish (Centrophorus harrissoni) as
threatened species (79 FR 74953). We
requested public comment on
information in the status reviews and
proposed rule, and the comment period
was open through February 17, 2015.
This final rule provides a discussion of
the information we received during the
public comment period and our final
determination on the petition to list the
three foreign corals (Cantharellus
noumeae, Siderastrea glynni, and
Tubastraea floreana) and the dusky sea
snake (Aipysurus fuscus) under the
ESA. Our final determinations for the
other species proposed for listing in the
December 16, 2014, proposed rule (79
FR 74953; Banggai cardinalfish
(Pterapogon kauderni) and Harrisson’s
dogfish (Centrophorus harrissoni)) will
be made in a subsequent rule. The status
of the findings and relevant Federal
Register notices for those and the other
21 species can be found on our Web site
at https://www.nmfs.noaa.gov/pr/
species/petition81.htm.
We are responsible for determining
whether species are threatened or
endangered under the ESA (16 U.S.C.
1531 et seq.). To make this
determination, we consider first
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 223 and 224
[Docket No. 140707555–5880–02]
RIN 0648–XD370
Endangered and Threatened Wildlife
and Plants; Final Rule To List the
Dusky Sea Snake and Three Foreign
Corals Under the Endangered Species
Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
We, NMFS, issue a final rule
to list three foreign corals and the dusky
sea snake under the Endangered Species
Act (ESA). We considered comments
submitted on the proposed listing rule
and have determined that the three
foreign corals (Cantharellus noumeae,
Siderastrea glynni, and Tubastraea
floreana) and the dusky sea snake
(Aipysurus fuscus) should be listed as
endangered species. We will not
designate critical habitat for any of the
species because the geographical areas
occupied by these species are entirely
outside U.S. jurisdiction, and we have
not identified any unoccupied areas
within U.S. jurisdiction that are
currently essential to the conservation
of any of these species.
DATES: This final rule is effective
November 6, 2015.
ADDRESSES: Chief, Endangered Species
Division, NMFS Office of Protected
Resources (F/PR3), 1315 East West
Highway, Silver Spring, MD 20910,
USA.
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SUMMARY:
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Dwayne Meadows, Ph.D., NMFS, Office
of Protected Resources, (301) 427–8403.
SUPPLEMENTARY INFORMATION:
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whether a group of organisms
constitutes a ‘‘species’’ under the ESA,
then whether the status of the species
qualifies it for listing as either
threatened or endangered. Section 3 of
the ESA defines a ‘‘species’’ to include
‘‘any subspecies of fish or wildlife or
plants, and any distinct population
segment of any species of vertebrate fish
or wildlife which interbreeds when
mature.’’
Section 3 of the ESA defines an
endangered species as ‘‘any species
which is in danger of extinction
throughout all or a significant portion of
its range’’ and a threatened species as
one ‘‘which is likely to become an
endangered species within the
foreseeable future throughout all or a
significant portion of its range.’’ We
interpret an ‘‘endangered species’’ to be
one that is presently in danger of
extinction. A ‘‘threatened species,’’ on
the other hand, is not presently in
danger of extinction, but is likely to
become so in the foreseeable future (that
is, at a later time). In other words, the
primary statutory difference between a
threatened and endangered species is
the timing of when a species may be in
danger of extinction, either presently
(endangered) or in the foreseeable future
(threatened).
Section 4(a)(1) of the ESA requires us
to determine whether any species is
endangered or threatened due to any
one or a combination of the following
five threat factors: The present or
threatened destruction, modification, or
curtailment of its habitat or range;
overutilization for commercial,
recreational, scientific, or educational
purposes; disease or predation; the
inadequacy of existing regulatory
mechanisms; or other natural or
manmade factors affecting its continued
existence. We are also required to make
listing determinations based solely on
the best scientific and commercial data
available, after conducting a review of
the species’ status and after taking into
account efforts being made by any state
or foreign nation to protect the species.
In making a listing determination, we
first determine whether a petitioned
species meets the ESA definition of a
‘‘species.’’ Next, using the best available
information gathered during the status
E:\FR\FM\07OCR1.SGM
07OCR1
]]>Agencies
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60555-60560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25369]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. NHTSA-2015-0043]
RIN 2127-AL59
Federal Motor Vehicle Theft Prevention Standard; Final Listing of
2016 Light Duty Truck Lines Subject to the Requirements of This
Standard and Exempted Vehicle Lines for Model Year 2016
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) 2016 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 major parts that are interchangeable
with a majority of the covered major parts of passenger car or MPV
lines. 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 October 7,
2015.
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer
Standards 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) 366-4807. 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
[[Page 60556]]
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 2016, 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 2016, the list of lines that have been exempted by the
agency from the parts-marking requirements of Part 541 is amended to
include ten vehicle lines newly exempted in full. The ten exempted
vehicle lines are the BMW X1(MPV), Lincoln MKX, Chevrolet Spark, Honda
CRV, Jaguar XF, Maserati Ghibli, Mazda CX-3, Mercedes-Benz smart Line
Chassis, Toyota Sienna and the Audi TT.
When publishing the August 11, 2014 final rule (See 79 FR 46715),
the agency erroneously omitted the Chrysler 200 vehicle line from the
Appendix A-I listing of ten vehicles that were exempted from the parts
marking requirements for MY 2015. This notice corrects that error.
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 Chevrolet Cobalt, Mercury Sable, Taurus X, Pontiac G6, Saturn Aura,
Kia Amanti, Lexus SC 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, Executive Order 13563 and the Department
of Transportation's regulatory policies provide for making
determinations on whether a regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
to the requirements of the Executive Orders. 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 impact on the quality of
the human environment as it merely informs the public about previous
agency actions. 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. As discussed above, this
final rule only provides better information to the public about
previous agency actions.
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 as it only
informs the public of previous agency actions. In accordance with
[[Page 60557]]
section 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 1.95.
0
2. Appendix A-I to Part 541 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 (MPV).\1\
X1(2012-2015).\2\
X3.
X4.
X5.
Z4.
1 Car Line.
3 Car Line.
4 Car Line.
5 Car Line.
6 Car Line.
7 Car Line.
CHRYSLER............................. 200.\3\
300C.
Jeep Cherokee.
Fiat 500.
Town and Country MPV.
Jeep Grand Cherokee.
Jeep Patriot.
Jeep Wrangler.
Dodge Charger.
Dodge Challenger.
Dodge Dart.
Dodge Journey.
FORD MOTOR CO........................ C-Maxx.
Edge.
Escape.
Explorer.
Fiesta.
Focus.
Fusion.
Lincoln MKX.\1\
Lincoln Town Car.
Mustang.
Mercury Mariner.
Mercury Grand Marquis.
Taurus.
GENERAL MOTORS....................... Buick Lucerne.
Buick LaCrosse.
Buick LaCrosse/Regal.
Buick Verano.
Cadillac ATS.
Cadillac CTS.
Cadillac DTS/Deville.
Cadillac SRX.
Cadillac XTS/Deville.
Chevrolet Camaro.
Chevrolet Corvette.
Chevrolet Cruze.
Chevrolet Equinox.
Chevrolet Impala/Monte Carlo.
Chevrolet Malibu.
Chevrolet Sonic.
Chevrolet Spark.\1\
[[Page 60558]]
GMC Terrain.
Pontiac G6.
Saturn Aura.
HONDA................................ Accord.
Acura TL.
Civic.
CRV.\1\
HYUNDAI.............................. Azera.
Genesis.
Equus.
JAGUAR............................... F-Type.
XF.\1\
XJ.
XK.
Land Rover Discovery Sport.
Land Rover LR2.
Land Rover Range Rover Evoque.
MASERATI............................. Ghibli.\1\
Quattroporte.
MAZDA................................ 2.
3.
5.
6.
CX-3.\1\
CX-5.
CX-7.
CX-9.
MX-5 Miata.
Tribute.
MERCEDES-BENZ........................ smart USA fortwo.
smart Line Chassis.\1\
SL-Line Chassis (SL-Class) (the
models within this line are):
SL400.
SL550.
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/CL/S-Coupe
Class) \4\ (the models within
this line are):
S450.
S500.
S550.
S600.
S55.
S63 AMG.
S65 AMG.
CL55.
CL65.
CL500.
CL550.
CL600.
NGCC Chassis Line (CLA/GLA-
Class) (the models within this
line are):
CLA250.
CLA250 4MATIC.
CLA45 4MATIC AMG.
GLA250.
GLA45 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.
[[Page 60559]]
E320 BLUETEC.
E350 BLUETEC.
E320/E320DT CDi.
E350/E500/E550.
E400 HYBRID.
CLS400.
CLS500.
CLS55 AMG.
CLS63 AMG.
MITSUBISHI........................... Eclipse.
Endeavor.
Galant.
iMiEV.
Lancer.
Outlander.
Outlander Sport.
Mirage.
NISSAN............................... Altima.
Cube.
Juke.
Leaf.
Maxima.
Murano.
NV200 Taxi.
Pathfinder.
Quest.
Rogue.
Sentra.
Versa (2008-2011).
Versa Hatchback.
Versa Note.
Infiniti G (2003-2013).
Infiniti M (2004-2013).
Infiniti Q70.
Infiniti Q50/60.
Infiniti QX60.
PORSCHE.............................. 911.
Boxster/Cayman.
Macan.
Panamera.
SAAB................................. 9-3.
9-5.
SUBARU............................... Forester.
Impreza.
Legacy.
B9 Tribeca.
Outback.
WRX.
XV Crosstrek.
SUZUKI............................... Kizashi.
TESLA................................ Model S.
Model X.
TOYOTA............................... Camry.
Corolla.
Highlander.
Lexus ES.
Lexus GS.
Lexus LS.
Prius.
RAV4.
Sienna.\1\
VOLKSWAGEN........................... Audi A3.
Audi A4.
A4 Allroad MPV.
Audi A6.
Audi A8.
Audi Q3.
Audi Q5.
Audi TT.\1\
Beetle.
Eos.
Golf/Rabbit/GTI/R32.
Jetta.
New Beetle (renamed ``Beetle'' in
MY 2012).
[[Page 60560]]
Passat.
Tiguan.
VOLVO................................ S60.
------------------------------------------------------------------------
\1\ Granted an exemption from the parts marking requirements beginning
with MY 2016.
\2\ The X1 carline was replaced by the X1 MPV line beginning in MY 2016.
According to BMW, production of its X1 carline ceased in MY 2015.
\3\ Granted an exemption from the parts marking requirements beginning
with MY 2015.
\4\ According to Mercedes-Benz, the CL-Class was renamed the S-Coupe
Class beginning with MY 2015.
Under authority delegated in 49 CFR part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-25369 Filed 10-6-15; 8:45 am]
BILLING CODE 4910-59-P
