Federal Motor Vehicle Theft Prevention Standard; Final Listing of 2019 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2019, 48340-48343 [2021-18632]
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48340
DATES:
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations
Effective August 30, 2021.
FOR FURTHER INFORMATION CONTACT:
Kimberly Bass, telephone 703–372–
6174.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is issuing a final rule amending
the DFARS to implement section 888 of
the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2021 (Pub.
L. 116–283), which repeals section 830
of the NDAA for FY 2017 (Pub. L. 114–
328). DoD published a proposed rule in
the Federal Register at 84 FR 12179 on
April 1, 2019, to implement sections
829 and 830 of the NDAA for FY 2017
(Pub. L. 114–328). On May 29, 2019, a
document was published in the Federal
Register at 84 FR 24734 to extend the
comment period for 14 days until June
14, 2019. The final rule implementing
section 830 was published in the
Federal Register at 84 FR 65304, on
November 27, 2019.
Section 830 was implemented at
DFARS 225.7301–1, Requirement to Use
Firm-Fixed-Price Contracts, and
required the use of firm-fixed-price
contracts for foreign military sales
(FMS), unless one of the exceptions or
the waiver provided in the statute
applied.
Section 807 of the NDAA for FY 2020
(Pub. L. 116–92) delayed the effective
date of regulations implementing
section 830 until December 31, 2020.
Section 888 of the NDAA for FY 2021
repealed section 830 of the NDAA for
FY 2017 and the requirement for
contracting officers to use firm-fixedprice contracts for FMS unless an
exception or a waiver applies.
Accordingly, DFARS section 225.7301–
1 is being removed and reserved.
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II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the Federal Acquisition
Regulation (FAR) is the Office of Federal
Procurement Policy statute (codified at
title 41 of the United States Code).
Specifically, 41 U.S.C. 1707(a)(1)
requires that a procurement policy,
regulation, procedure, or form
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
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comment, because DoD is not issuing a
new regulation; rather, this rule is
updating internal operating procedures
that will no longer require contracting
officers to use firm-fixed-price contracts
for FMS as directed at DFARS
225.7301–1(a). In addition, the waiver at
DFARS 225.7301–1(b) will no longer be
required.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule does not create any new
DFARS solicitation provisions or
contract clauses. It does not impact any
existing solicitation provisions or
contract clauses or their applicability to
contracts valued at or below the
simplified acquisition threshold or for
commercial items, including
commercially available off-the-shelf
items.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993.
V. Congressional Review Act
As required by the Congressional
Review Act (5 U.S.C. 801–808) before an
interim or final rule takes effect, DoD
will submit a copy of the final rule with
the form, Submission of Federal Rules
under the Congressional Review Act, to
the U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States. A major
rule under the Congressional Review
Act cannot take effect until 60 days after
it is published in the Federal Register.
The Office of Information and
Regulatory Affairs has determined that
this rule is not a major rule as defined
by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
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FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
VII. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Part 225
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR part 225 is
amended as follows:
PART 225—FOREIGN ACQUISITION
1. The authority citation for 48 CFR
part 225 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
225.7301–1
[Removed and Reserved]
2. Remove and reserve section
225.7301–1.
■
[FR Doc. 2021–18342 Filed 8–27–21; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 541
[Docket No. NHTSA–2019–0056]
RIN 2127–AM24
Federal Motor Vehicle Theft Prevention
Standard; Final Listing of 2019 Light
Duty Truck Lines Subject to the
Requirements of This Standard and
Exempted Vehicle Lines for Model Year
2019
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 2019 light duty
truck lines subject to the parts-marking
requirements of the Federal motor
vehicle theft prevention standard. The
agency determined no new models were
high-theft or had major parts that are
interchangeable with a majority of the
covered major parts of passenger car or
multipurpose passenger vehicle lines.
This final rule also identifies those
SUMMARY:
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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations
vehicle lines that have been granted an
exemption from the parts-marking
requirements because they are equipped
with antitheft devices determined to
meet certain criteria.
DATES: This final rule is effective August
30, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Carlita Ballard, Office of International
Policy, Fuel Economy and Consumer
Programs, NHTSA, West Building,
W43–439, NRM–310, 1200 New Jersey
Avenue SE, Washington, DC 20590. Ms.
Ballard’s phone number is (202) 366–
5222. Her fax number is (202) 493–2990.
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.
49 U.S.C. 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 49
U.S.C. 33106. Section 33106 provides
that a manufacturer may petition
annually to have one vehicle line
exempted from the requirements of
section 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.
49 CFR part 543 establishes the
process through which manufacturers
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may seek an exemption from the theft
prevention standard. Manufacturers
may request an exemption under 49
CFR 543.6 by providing specific
information about the antitheft device,
its capabilities, and the reasons the
petitioner believes the device to be as
effective at reducing and deterring theft
as compliance with the parts-marking
requirements,1 or manufacturers may
request an exemption under a more
streamlined process outlined in 49 CFR
543.7 if the vehicle line is equipped
with an antitheft device (an
‘‘immobilizer’’) as standard equipment
that complies with one of the standards
specified in that section.2 If the
exemption is sought under 49 CFR
543.6, NHTSA publishes a notice of its
decision to grant or deny the exemption
petition in the Federal Register and
notifies the petitioner in writing; if the
petition is sought under section 49 CFR
543.7, NHTSA notifies the petitioner in
writing of the agency’s decision to grant
or deny the exemption petition.
NHTSA annually publishes the names
of LDT lines NHTSA has determined to
be high theft pursuant to 49 CFR part
541, LDT lines that NHTSA has
determined to have major parts that are
interchangeable with a majority of the
covered major parts of passenger car or
MPV lines, and vehicle lines that
NHTSA has exempted from the theft
prevention standard. Appendix A to
part 541 identifies those LDT lines
subject to the theft prevention standard
beginning in a given model year.
Appendix A–I to part 541 also lists
those vehicle lines that NHTSA has
exempted from the theft prevention
standard.
For MY 2019, 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.
Appendix A–I identifies those vehicle
lines that have been exempted by the
agency from the parts-marking
requirements of part 541 and is
amended to include ten MY 2019
vehicle lines newly exempted in full.
The ten exempted vehicle lines are the
BMW 8 Series, Ford Lincoln Nautilus,
GM Cadillac XT4, Honda Passport,
Hyundai Genesis G80, Kia Stinger,
Nissan Infiniti QX50, Subaru Ascent,
Toyota Avalon and the Jaguar Land
Rover Velar. NHTSA has either
previously granted these exemption
requests and published the
determination in the Federal Register if
the exemption was sought under 49 CFR
543.6, or has notified the manufacturer
1 49
2 49
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CFR 543.6.
CFR 543.7.
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48341
of the grant of exemption if the
exemption was sought under 49 CFR
543.7.
Each year the agency also amends the
appendices to part 541 to remove
vehicle lines that have not been
manufactured for the United States
market in over 5 years. We believe that
including those vehicle lines would be
unnecessary. Therefore, the agency is
removing the BMW 1 Series, Honda
Acura TL, Hyundai Genesis, Nissan
Cube, Nissan Infiniti G, Nissan Infiniti
M, Subaru B9 Tribeca, and the Suzuki
Kizashi vehicle lines from the Appendix
A–I listing. However, NHTSA will
continue to maintain a comprehensive
database of all exemptions on our
website.
The changes made in this notice are
purely informational. The ten vehicle
lines that will be added to Appendix A–
I of part 541 were granted exemptions
in accordance with the procedures of 49
CFR part 543 and 49 U.S.C. 33106 and
notices of the grants of those
exemptions were published in the
Federal Register, or the manufacturer
was notified by grant letter. Therefore,
NHTSA finds good cause under 5 U.S.C.
553(b)(3)(B) that notice and opportunity
for comment on this final rule is
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
good cause under 5 U.S.C. 553(d)(3) to
make the amendment made by this
notice effective on the date this notice
is published in the Federal Register.
Regulatory Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This rulemaking document was not
reviewed by the Office of Management
and Budget (OMB) under Executive
Order (E.O.) 12866. It is not considered
to be significant under E.O. 12866 or the
Department’s Regulatory Policies and
Procedures. The purpose of this final
rule is to provide information to the
public about vehicle lines that must
comply with the parts marking
requirements of NHTSA’s theft
prevention standard and vehicles that
NHTSA has exempted from those
requirements. Since the purpose of the
final rule is to inform the public of
actions NHTSA has already taken, either
determining that new lines are subject
to parts marking requirements or
exempting vehicle lines from those
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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations
requirements, the final rule will not
impose any new burdens.
B. 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.
C. 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 information to the public about
previous agency actions.
D. Unfunded Mandates Reform 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
E. Executive Order 12988 (Civil Justice
Reform)
Pursuant to Executive Order 12988,
‘‘Civil Justice Reform,’’ 3 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
section 49 U.S.C. 33118, when a Federal
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.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3501, et seq.),
Federal agencies must obtain approval
from the Office of Management and
Budget (OMB) for each collection of
information they conduct, sponsor, or
require through regulations. There are
no information collection requirements
associated with this final rule.
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 1.95.
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, MINI Countryman (MPV), X1 (MPV), X1, X2 (MPV), X3, X4, X5 (MPV), Z4, 3 Series, 4 Series, 5 Series, 6 Series, 7 Series, 8 Series.1
200, 300, Dodge Charger, Dodge Challenger, Dodge Dart, Dodge Journey, Fiat 500, Fiat 124 Spider, Jeep
Cherokee, Jeep Compass, Jeep Grand Cherokee (MPV), Jeep Patriot, Jeep Wrangler/Wrangler JK,2 Jeep
Wrangler JL (new),1 Town and Country MPV.
C-Max, EcoSport, Edge, Escape, Explorer, Fiesta, Focus, Fusion, Lincoln MKC, Lincoln MKX, Lincoln Nautilus,1 Mustang, Taurus.
Buick LaCrosse/Regal, Buick Verano, Cadillac ATS, Cadillac CTS, Cadillac SRX, Cadillac XTS, Cadillac
XT4,1 Chevrolet Bolt, Chevrolet Camaro, Chevrolet Corvette, Chevrolet Cruze, Chevrolet Equinox, Chevrolet Impala/Monte Carlo, Chevrolet Malibu, Chevrolet Sonic, Chevrolet Spark, Chevrolet Volt, GMC Terrain.
Accord, Acura MDX, Civic, CR–V, Passport,1 Pilot.
Azera, Equus, Genesis G80,1 3 IONIQ.
F-Type, XE, XF, XJ, XK, Land Rover Discovery Sport, Land Rover F-Pace, Land Rover LR2, Land Rover
Range Rover Evoque, Land Rover Velar.1
Niro, Stinger.1
Ghibli, Levante (SUV), Quattroporte.
2, 3, 5, 6, CX–3, CX–5, CX–9, MX–5 Miata.
smart Line Chassis, smart USA fortwo, SL-Line Chassis (SL-Class) (the models within this line are): SL400/
SL450, SL550, SL 63/AMG, SL 65/AMG, SLK-Line Chassis (SLK-Class/SLC-Class) (the models within this
line are): SLK 250, SLK 300, SLK 350, SLK 55 AMG, SLC 300 AMG, SLC 43, S-Line Chassis (S/CL/SCoupe Class/S-Class Cabriolet/Mercedes Maybach) (the models within this line are): S400 Hybrid, S550,
S600, S63 AMG, S65 AMG, Mercedes-Maybach S560, Mercedes-Maybach S650, CL550, CL600, CL63
AMG, CL65 AMG, NGCC Chassis Line (CLA/GLA/B-Class/A-Class) (the models within this line are): A220,
B250e, CLA250, CLA45 AMG, GLA250, GLA45 AMG, C-Line Chassis (C-Class/CLK/GLK-Class/GLCClass) (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, CLS400,
CLS500/550, CLS55 AMG, CLS63 AMG.
CHRYSLER .................................
FORD MOTOR CO .....................
GENERAL MOTORS ..................
HONDA ........................................
HYUNDAI ....................................
JAGUAR ......................................
KIA ...............................................
MASERATI ..................................
MAZDA ........................................
MERCEDES-BENZ .....................
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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.
3 See
61 FR 4729, February 7, 1996.
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48343
Manufacturer
Subject lines
MITSUBISHI ................................
NISSAN .......................................
Eclipse Cross, iMiEV, Lancer, Outlander, Outlander Sport, Mirage.
Altima, Juke, Leaf, Maxima, Murano, NV200 Taxi, Pathfinder, Quest, Rogue, Kicks, Sentra, Infiniti Q70,
Infiniti Q50/60, Infiniti QX50,1 Infiniti QX60.
911, Boxster/Cayman, Macan, Panamera.
Ascent,1 Forester, Impreza, Legacy, Outback, WRX, XV Crosstrek/Crosstrek.4
Model 3, Model S, Model X.
Avalon,1 Camry, Corolla, Highlander, Lexus ES, Lexus GS, Lexus LS, Lexus NX, Lexus RX, Prius, RAV4, Sienna.
Atlas, Beetle, Eos, Jetta, Passat, Tiguan, Audi A3, Audi A4, Audi A4 Allroad MPV, Audi A6, Audi A8, Audi
Q3, Audi Q5, Audi TT, Golf/Golf Sport wagen/eGolf/Alltrack.
S60.
PORSCHE ...................................
SUBARU ......................................
TESLA .........................................
TOYOTA ......................................
VOLKSWAGEN ...........................
VOLVO ........................................
1 Granted
an exemption from the parts marking requirements beginning with MY 2019.
Wrangler (2009–2019) nameplate changed to Jeep Wrangler JK, JK discontinued after MY 2018.
3 Hyundai discontinued use of its parts marking exemption for the Genesis vehicle line beginning with the 2010 model year, line was reintroduced as the Genesis G80.
4 Subaru XV Crosstrek nameplate changed to Crosstrek beginning with MY 2016.
2 Jeep
Issued under authority delegated in 49 CFR
1.95, and 501.5.
Steven S. Cliff,
Acting Administrator.
[FR Doc. 2021–18632 Filed 8–27–21; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 210505–0101; RTID 0648–
XB310]
Fisheries Off West Coast States;
Modification of the West Coast Salmon
Fisheries; Inseason Action #25
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason modification of 2021
management measures.
AGENCY:
NMFS announces one
inseason action in the 2021 ocean
salmon fisheries. This inseason action
modified the fishing days per calendar
week in the recreational ocean salmon
fishery in the area from Queets River,
WA, to Leadbetter Point, WA (Westport
subarea).
DATES: This inseason action became
applicable on August 6, 2021, and
remains in effect until superseded or
modified.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Shannon Penna at 562–676–2148, email:
Shannon.penna@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The 2021 annual management
measures for ocean salmon fisheries (86
FR 26425, May 14, 2021), announced
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16:13 Aug 27, 2021
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management measures for the
commercial and recreational fisheries in
the area from the U.S./Canada border to
the U.S./Mexico border, effective from
0001 hours Pacific Daylight Time (PDT),
May 16, 2021, until the effective date of
the 2022 management measures, as
published in the Federal Register.
NMFS is authorized to implement
inseason management actions to modify
fishing seasons and quotas as necessary
to provide fishing opportunity while
meeting management objectives for the
affected species (50 CFR 660.409).
Inseason actions in the salmon fishery
may be taken directly by NMFS (50 CFR
660.409(a)—Fixed inseason
management provisions) or upon
consultation with the Chairman of the
Pacific Fishery Management Council
(Council) and the appropriate State
Directors (50 CFR 660.409(b)—Flexible
inseason management provisions).
Management of the salmon fisheries is
generally divided into two geographic
areas: North of Cape Falcon (NOF)
(U.S./Canada border to Cape Falcon,
OR) and south of Cape Falcon (Cape
Falcon, OR, to the U.S./Mexico border).
The action described in this document
affected the NOF recreational salmon
fishery, as set out under the heading
Inseason Action.
Consultation on this inseason action
occurred on August 3, 2021.
Representatives from NMFS,
Washington Department of Fish and
Wildlife (WDFW), Oregon Department
of Fish and Wildlife (ODFW), and
Council staff participated in the
consultation.
This inseason action was announced
on NMFS’ telephone hotline and U.S.
Coast Guard radio broadcast on the date
of the consultations (50 CFR
660.411(a)(2)).
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Inseason Action
Inseason Action #25
Description of the action: Inseason
action #25 modified the fishing days per
calendar week in the NOF recreational
salmon fishery in the Westport subarea
from five days per week (Sunday
through Thursday) to seven days per
week, beginning at 12:01 a.m. on Friday,
August 6, 2021.
Effective date: Inseason action #25
took effect on August 6, 2021, and
remains in effect until superseded.
Reason and authorization for the
action: The 2021 management measures
opened the recreational ocean salmon
fishery in the Westport subarea seven
days per week between June 19–26,
2021, and five days per week (Sunday
through Thursday) between June 27September 15, 2021 (86 FR 26425, May
14, 2021). The intent of limiting the
fishing days per calendar week starting
June 27, 2021, was to sustain season
length. However, in the first six weeks
of recreational fishing in the Westport
subarea, June 19 through July 25 and
with just over a month left in the
season, only 9 percent of the subarea’s
coho salmon quota and 31 percent of the
subarea’s Chinook salmon guideline
were landed. Consistent with preseason
planning and management objectives,
inseason action #25 was taken to
provide greater fishing opportunity for
the public to access the available coho
salmon quota and Chinook salmon
guideline and to provide economic
benefit to the fishery dependent
community. Based on landings to date,
anticipated fishing effort, and projected
catch, this action is not expected to
result in reducing season length.
The NMFS West Coast Region
Regional Administrator (RA) considered
the landings of Chinook and coho
salmon in the NOF recreational salmon
fishery to date, fishery effort to date as
well as anticipated under the proposal,
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]]>Agencies
[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Rules and Regulations]
[Pages 48340-48343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18632]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. NHTSA-2019-0056]
RIN 2127-AM24
Federal Motor Vehicle Theft Prevention Standard; Final Listing of
2019 Light Duty Truck Lines Subject to the Requirements of This
Standard and Exempted Vehicle Lines for Model Year 2019
AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation.
ACTION: Final rule.
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SUMMARY: This final rule announces NHTSA's determination that there are
no new model year 2019 light duty truck lines subject to the parts-
marking requirements of the Federal motor vehicle theft prevention
standard. The agency determined no new models were high-theft or had
major parts that are interchangeable with a majority of the covered
major parts of passenger car or multipurpose passenger vehicle lines.
This final rule also identifies those
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vehicle lines that have been granted an exemption from the parts-
marking requirements because they are equipped with antitheft devices
determined to meet certain criteria.
DATES: This final rule is effective August 30, 2021.
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, West
Building, W43-439, NRM-310, 1200 New Jersey Avenue SE, Washington, DC
20590. Ms. Ballard's phone number is (202) 366-5222. Her fax number is
(202) 493-2990.
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.
49 U.S.C. 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 49 U.S.C.
33106. Section 33106 provides that a manufacturer may petition annually
to have one vehicle line exempted from the requirements of section
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.
49 CFR part 543 establishes the process through which manufacturers
may seek an exemption from the theft prevention standard. Manufacturers
may request an exemption under 49 CFR 543.6 by providing specific
information about the antitheft device, its capabilities, and the
reasons the petitioner believes the device to be as effective at
reducing and deterring theft as compliance with the parts-marking
requirements,\1\ or manufacturers may request an exemption under a more
streamlined process outlined in 49 CFR 543.7 if the vehicle line is
equipped with an antitheft device (an ``immobilizer'') as standard
equipment that complies with one of the standards specified in that
section.\2\ If the exemption is sought under 49 CFR 543.6, NHTSA
publishes a notice of its decision to grant or deny the exemption
petition in the Federal Register and notifies the petitioner in
writing; if the petition is sought under section 49 CFR 543.7, NHTSA
notifies the petitioner in writing of the agency's decision to grant or
deny the exemption petition.
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\1\ 49 CFR 543.6.
\2\ 49 CFR 543.7.
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NHTSA annually publishes the names of LDT lines NHTSA has
determined to be high theft pursuant to 49 CFR part 541, LDT lines that
NHTSA has determined to have major parts that are interchangeable with
a majority of the covered major parts of passenger car or MPV lines,
and vehicle lines that NHTSA has exempted from the theft prevention
standard. Appendix A to part 541 identifies those LDT lines subject to
the theft prevention standard beginning in a given model year. Appendix
A-I to part 541 also lists those vehicle lines that NHTSA has exempted
from the theft prevention standard.
For MY 2019, 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.
Appendix A-I identifies those vehicle lines that have been exempted
by the agency from the parts-marking requirements of part 541 and is
amended to include ten MY 2019 vehicle lines newly exempted in full.
The ten exempted vehicle lines are the BMW 8 Series, Ford Lincoln
Nautilus, GM Cadillac XT4, Honda Passport, Hyundai Genesis G80, Kia
Stinger, Nissan Infiniti QX50, Subaru Ascent, Toyota Avalon and the
Jaguar Land Rover Velar. NHTSA has either previously granted these
exemption requests and published the determination in the Federal
Register if the exemption was sought under 49 CFR 543.6, or has
notified the manufacturer of the grant of exemption if the exemption
was sought under 49 CFR 543.7.
Each year the agency also amends the appendices to part 541 to
remove vehicle lines that have not been manufactured for the United
States market in over 5 years. We believe that including those vehicle
lines would be unnecessary. Therefore, the agency is removing the BMW 1
Series, Honda Acura TL, Hyundai Genesis, Nissan Cube, Nissan Infiniti
G, Nissan Infiniti M, Subaru B9 Tribeca, and the Suzuki Kizashi vehicle
lines from the Appendix A-I listing. However, NHTSA will continue to
maintain a comprehensive database of all exemptions on our website.
The changes made in this notice are purely informational. The ten
vehicle lines that will be added to Appendix A-I of part 541 were
granted exemptions in accordance with the procedures of 49 CFR part 543
and 49 U.S.C. 33106 and notices of the grants of those exemptions were
published in the Federal Register, or the manufacturer was notified by
grant letter. Therefore, NHTSA finds good cause under 5 U.S.C.
553(b)(3)(B) that notice and opportunity for comment on this final rule
is 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 good cause under 5 U.S.C. 553(d)(3) to make the
amendment made by this notice effective on the date this notice is
published in the Federal Register.
Regulatory Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking document was not reviewed by the Office of
Management and Budget (OMB) under Executive Order (E.O.) 12866. It is
not considered to be significant under E.O. 12866 or the Department's
Regulatory Policies and Procedures. The purpose of this final rule is
to provide information to the public about vehicle lines that must
comply with the parts marking requirements of NHTSA's theft prevention
standard and vehicles that NHTSA has exempted from those requirements.
Since the purpose of the final rule is to inform the public of actions
NHTSA has already taken, either determining that new lines are subject
to parts marking requirements or exempting vehicle lines from those
[[Page 48342]]
requirements, the final rule will not impose any new burdens.
B. 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.
C. 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 information to the public about previous
agency actions.
D. Unfunded Mandates Reform 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.
E. Executive Order 12988 (Civil Justice Reform)
Pursuant to Executive Order 12988, ``Civil Justice Reform,'' \3\
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
section 49 U.S.C. 33118, when a Federal 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.
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\3\ See 61 FR 4729, February 7, 1996.
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F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. There are no
information collection requirements associated with this final rule.
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
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Manufacturer Subject lines
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BMW.......................................... MINI, MINI Countryman
(MPV), X1 (MPV), X1, X2
(MPV), X3, X4, X5 (MPV),
Z4, 3 Series, 4 Series,
5 Series, 6 Series, 7
Series, 8 Series.\1\
CHRYSLER..................................... 200, 300, Dodge Charger,
Dodge Challenger, Dodge
Dart, Dodge Journey,
Fiat 500, Fiat 124
Spider, Jeep Cherokee,
Jeep Compass, Jeep Grand
Cherokee (MPV), Jeep
Patriot, Jeep Wrangler/
Wrangler JK,\2\ Jeep
Wrangler JL (new),\1\
Town and Country MPV.
FORD MOTOR CO................................ C-Max, EcoSport, Edge,
Escape, Explorer,
Fiesta, Focus, Fusion,
Lincoln MKC, Lincoln
MKX, Lincoln
Nautilus,\1\ Mustang,
Taurus.
GENERAL MOTORS............................... Buick LaCrosse/Regal,
Buick Verano, Cadillac
ATS, Cadillac CTS,
Cadillac SRX, Cadillac
XTS, Cadillac XT4,\1\
Chevrolet Bolt,
Chevrolet Camaro,
Chevrolet Corvette,
Chevrolet Cruze,
Chevrolet Equinox,
Chevrolet Impala/Monte
Carlo, Chevrolet Malibu,
Chevrolet Sonic,
Chevrolet Spark,
Chevrolet Volt, GMC
Terrain.
HONDA........................................ Accord, Acura MDX, Civic,
CR-V, Passport,\1\
Pilot.
HYUNDAI...................................... Azera, Equus, Genesis
G80,1 3 IONIQ.
JAGUAR....................................... F-Type, XE, XF, XJ, XK,
Land Rover Discovery
Sport, Land Rover F-
Pace, Land Rover LR2,
Land Rover Range Rover
Evoque, Land Rover
Velar.\1\
KIA.......................................... Niro, Stinger.\1\
MASERATI..................................... Ghibli, Levante (SUV),
Quattroporte.
MAZDA........................................ 2, 3, 5, 6, CX-3, CX-5,
CX-9, MX-5 Miata.
MERCEDES-BENZ................................ smart Line Chassis, smart
USA fortwo, SL-Line
Chassis (SL-Class) (the
models within this line
are): SL400/SL450,
SL550, SL 63/AMG, SL 65/
AMG, SLK-Line Chassis
(SLK-Class/SLC-Class)
(the models within this
line are): SLK 250, SLK
300, SLK 350, SLK 55
AMG, SLC 300 AMG, SLC
43, S-Line Chassis (S/CL/
S-Coupe Class/S-Class
Cabriolet/Mercedes
Maybach) (the models
within this line are):
S400 Hybrid, S550, S600,
S63 AMG, S65 AMG,
Mercedes-Maybach S560,
Mercedes-Maybach S650,
CL550, CL600, CL63 AMG,
CL65 AMG, NGCC Chassis
Line (CLA/GLA/B-Class/A-
Class) (the models
within this line are):
A220, B250e, CLA250,
CLA45 AMG, GLA250, GLA45
AMG, C-Line Chassis (C-
Class/CLK/GLK-Class/GLC-
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,
CLS400, CLS500/550,
CLS55 AMG, CLS63 AMG.
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MITSUBISHI................................... Eclipse Cross, iMiEV,
Lancer, Outlander,
Outlander Sport, Mirage.
NISSAN....................................... Altima, Juke, Leaf,
Maxima, Murano, NV200
Taxi, Pathfinder, Quest,
Rogue, Kicks, Sentra,
Infiniti Q70, Infiniti
Q50/60, Infiniti
QX50,\1\ Infiniti QX60.
PORSCHE...................................... 911, Boxster/Cayman,
Macan, Panamera.
SUBARU....................................... Ascent,\1\ Forester,
Impreza, Legacy,
Outback, WRX, XV
Crosstrek/Crosstrek.\4\
TESLA........................................ Model 3, Model S, Model
X.
TOYOTA....................................... Avalon,\1\ Camry,
Corolla, Highlander,
Lexus ES, Lexus GS,
Lexus LS, Lexus NX,
Lexus RX, Prius, RAV4,
Sienna.
VOLKSWAGEN................................... Atlas, Beetle, Eos,
Jetta, Passat, Tiguan,
Audi A3, Audi A4, Audi
A4 Allroad MPV, Audi A6,
Audi A8, Audi Q3, Audi
Q5, Audi TT, Golf/Golf
Sport wagen/eGolf/
Alltrack.
VOLVO........................................ S60.
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\1\ Granted an exemption from the parts marking requirements beginning
with MY 2019.
\2\ Jeep Wrangler (2009-2019) nameplate changed to Jeep Wrangler JK, JK
discontinued after MY 2018.
\3\ Hyundai discontinued use of its parts marking exemption for the
Genesis vehicle line beginning with the 2010 model year, line was
reintroduced as the Genesis G80.
\4\ Subaru XV Crosstrek nameplate changed to Crosstrek beginning with MY
2016.
Issued under authority delegated in 49 CFR 1.95, and 501.5.
Steven S. Cliff,
Acting Administrator.
[FR Doc. 2021-18632 Filed 8-27-21; 8:45 am]
BILLING CODE 4910-59-P
