Federal Motor Vehicle Theft Prevention Standard |
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Topics: National Highway Traffic Safety Administration
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Barry Felrice
Federal Register
July 8, 1994
[Federal Register: July 8, 1994]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. 93-50; Notice 2]
RIN: 2127-AE85
Federal Motor Vehicle Theft Prevention Standard
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Anti Car Theft Act (ACTA) of 1992, which amended Title VI,
``Theft Prevention,'' of the Motor Vehicle Information and Cost Savings
Act (Cost Savings Act), requires certain lines of multipurpose
passenger vehicles (MPVs) and light-duty trucks (LDTs) to be designated
as high theft lines. Manufacturers of high theft lines of those types
of vehicles will have to mark the major parts of each vehicle in the
line. This notice seeks comments on a definition of LDT for Title VI
purposes and on which MPV and LDT parts should be considered major
parts, and therefore subject to parts marking. In accordance with ACTA,
NHTSA also proposes to require the marking of major parts of certain
other lines because, although they have below median theft rates, their
parts bear a significant degree of similarity to lines with above
median theft rates.
DATES: Comments on this notice of proposed rulemaking must be received
by this agency not later than September 6, 1994.
ADDRESSES: Comments should refer to the docket number referenced in the
heading of this notice, and be submitted to: Docket Section, NHTSA,
Room 5109, 400 Seventh Street, SW., Washington, DC 20590. (Docket hours
are 9:30 a.m. to 4 p.m., Monday through Friday.)
FOR FURTHER INFORMATION CONTACT: Ms. Barbara A. Gray, Office of Market
Incentives, NHTSA, 400 Seventh Street, SW., Washington, DC 20590. Ms.
Gray's telephone number is (202) 366-1740.
SUPPLEMENTARY INFORMATION:
Anti Car Theft Act of 1992
The ``Anti Car Theft Act of 1992'' (ACTA) is a comprehensive attack
on automotive theft and fraud. ACTA strengthens Federal penalties for
motor vehicle theft, armed robbery of motor vehicles, and motor vehicle
titling fraud. In addition, ACTA amended title VI ``Theft Prevention''
of the Motor Vehicle Information and Cost Savings Act (Cost Savings
Act) (15 U.S.C. 2021 et seq.).
As amended by ACTA, title VI defines ``passenger motor vehicle'' to
include ``any multipurpose passenger vehicle and light-duty truck that
is rated at 6,000 pounds gross vehicle weight or less.'' (See section
601(1) of title VI.) Since title VI had formerly defined ``passenger
motor vehicle'' to include passenger cars only, the effect of the new
definition is that certain multipurpose passenger vehicle (MPV) and
light-duty truck (LDT) lines may be determined to be likely high theft
vehicles, and may thus be subject to the parts marking requirements of
the Theft Prevention Standard.
In this notice, NHTSA proposes revisions to the Motor Vehicle Theft
Prevention Standard (49 CFR part 541) to reflect the amendments to
title VI. The purpose of the 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 motor vehicle parts. Each
vehicle in a high theft line must have its major parts and major
replacement parts marked unless the line is exempted from parts marking
pursuant to 49 CFR part 543.
Advance Notice of Proposed Rulemaking
In a July 7, 1993 advance notice of proposed rulemaking (ANPRM) (58
FR 36376), public comment was sought to aid the agency in implementing
ACTA. NHTSA sought comments on definitions of multipurpose passenger
vehicles (MPVs) and light-duty trucks (LDTs) for the Theft Prevention
Standard, and on which parts of these vehicles should be considered
major parts and therefore subject to parts marking.
1. Definitions of MPV and LDT
The agency noted that since the title VI requirements for
``multipurpose passenger vehicles'' differ in some respects from those
for ``light-duty trucks,'' these two terms must be defined so that it
can be readily determined whether a particular vehicle is an MPV or an
LDT. A distinction must be made between MPVs and LDTs in order to
implement section 602(f) of the Theft Act. Section 602(f) requires
NHTSA, by October 25, 1994, to promulgate a parts marking standard
applicable to major parts installed by manufacturers of ``passenger
motor vehicles (other than light-duty trucks) in not to exceed one-half
of the lines not designated under section 603 as high theft lines.''
Since LDTs are excepted from coverage under section 602(f), but MPVs
are subject to section 602(f), NHTSA must ensure that distinctions
between LDTs and MPVs are made.
In the ANPRM, NHTSA noted that its proposed definition of ``MPV''
followed the statutory definition of MPV in section 2(2) of the Cost
Savings Act, except for being limited to vehicles at or less than 6,000
pounds gross vehicle weight rating. NHTSA's proposed definition of
``multipurpose passenger vehicle'' was:
A passenger motor vehicle which is constructed either on a truck
chassis or with special features for occasional off-road operation
and which is rated at 6,000 pounds gross vehicle weight or less.
Defining ``light-duty truck'' was more complex. No definition of
``light-duty truck'' is provided in the Cost Savings Act (including
Title VI), or in ACTA itself. The legislative history of ACTA provides
no express guidance as to what types of vehicles ACTA's drafters
intended to include in ``light-duty truck'' for theft prevention
purposes.
After reviewing existing NHTSA definitions of ``light truck'' (for
purposes of the Corporate Average Fuel Economy Program) and ``truck''
(for purposes of the Federal Motor Vehicle Safety Standards), NHTSA
proposed to base its definition of ``light duty truck'' for Theft
Prevention Standard purposes on NHTSA's definition of ``truck'' at 49
CFR 571.3: ``a motor vehicle with motive power, except a trailer,
designed primarily for the transportation of property or special
purpose equipment.'' NHTSA modified the definition to take account of
the 6,000 pound gross vehicle weight rating limitation. As modified,
NHTSA's proposed definition of ``light-duty truck'' for the purposes of
Title VI was:
A motor vehicle with motive power, except a trailer, designed
primarily for the transportation of property or special purpose
equipment, that is rated at 6,000 pounds gross vehicle weight or
less.
NHTSA selected this definition because it focuses on the primary
distinction between multipurpose passenger vehicles and light-duty
trucks: Multipurpose passenger vehicles are designed to carry
passengers, while light-duty trucks are designed to carry property.
This distinction is important for Theft Prevention Standard purposes
because it facilitates the separation of MPVs from LDTs. Since
multipurpose passenger vehicles are not designed primarily to transport
property or equipment, multipurpose passenger vehicles are not included
in the 49 CFR Sec. 571.3 definition of ``truck.''
2. Specifying ``Major Parts''
NHTSA also sought public comments on major parts for MPVs and LDTs.
Section 601(7) of Title VI ``Theft Prevention'' of the Motor Vehicle
Information and Cost Savings Act, defines ``major part'' for passenger
motor vehicles as:
The engine;
The transmission;
Each door allowing entrance or egress to the passenger compartment;
The hood;
The grille;
Each bumper;
Each front fender;
The deck lid, tailgate or hatchback (whichever is present);
Rear quarter panels;
The trunk floor pan;
The frame, or in the case of a unitized body, the supporting structure
which serves as a frame; and
Any other part of a passenger motor vehicle which the agency, by rule,
determines is comparable in design or function to any of the parts
listed above.
At 49 CFR Sec. 541.5, NHTSA has specified the major parts on high
theft passenger car lines that must be marked. Section 541.5 lists all
the parts identified in section 601(7) except for the grille, the trunk
floor pan, and the frame or supporting structure which serves as a
frame. The agency did not use its authority under section 601(7) to add
additional parts to the list.
Before its amendment by ACTA, title VI of the Cost Savings Act
specified that manufacturers could not be required to mark more than 14
major parts on a high theft passenger automobile. As amended, there is
no statutory limit on the number of major parts that may be required to
be marked. However, the scope of the parts marking requirement is still
limited by a $15 (in 1984 dollars) maximum marking cost per vehicle.
(See section 604.) Hence, although there is no longer a statutory limit
on the number of parts that must be marked, the limit on costs involved
in marking parts would still indirectly restrict the number of parts
that can be required to be marked.
In the ANPRM, NHTSA solicited comments on what parts of MPVs and of
LDTs should be considered ``major parts.'' Comments were also solicited
whether any other major parts on passenger cars should be added to the
list of passenger car parts subject to the Theft Prevention Standard.
Comments on the ANPRM and NHTSA's Response
In response to the ANPRM, NHTSA received comments from 13
commenters: Advocates for Highway and Auto Safety; AM General; American
Automobile Manufacturers Association; Chrysler Corporation; Ford Motor
Company; General Motors Corporation; the Maryland State Police;
National Insurance Crime Bureau; the National Truck Equipment
Association; Nissan Motor Company; Prospective Technologies; State Farm
Insurance Companies; and Volkswagen of America. The commenters
addressed the issues raised in the ANPRM as discussed below. NHTSA
carefully considered their comments in developing this notice of
proposed rulemaking.
1. Definitions of LDT and MPV
All but two commenters, Advocates for Highway and Auto Safety
(Advocates), and State Farm, either concurred with NHTSA's proposed
definition of light-duty truck (LDT) or had no comment. Advocates
(whose comments were referenced by State Farm) urged that in defining
LDT, the ``real-world use of the vehicle'' not the design, should be
taken into account and that NHTSA exclude from the LDT definition,
vehicles built to accommodate more than the driver and one passenger or
vehicles designed to be convertible to passenger use.
Regarding Advocates' recommendation that the ``LDT'' definition
excludes vehicles built to accommodate more than a driver and one
passenger, NHTSA sees no indication of any Congressional intent to
exclude such vehicles from the definition of LDT. Since section 601(1)
of the Theft Act defines ``passenger motor vehicle'' to include any
``light-duty truck that is rated at 6,000 pounds gross vehicle weight
or less,'' Congress must have intended LDTs to have some (unspecified)
passenger carrying capacity. Advocates' definition of LDT would exclude
many light trucks with jump seats in the passenger compartment, such as
the S-10 Chevy pickup, the Ranger Ford pickup, the Toyota pickup, the
Nissan pickup, and the Dodge Dakota.
Further, NHTSA believes that its ANPRM definition of ``LDT'' makes
clear that vehicles designed to be convertible to carry either property
or passengers would be considered MPVs. In vehicles such as the E 150
Ford Club Wagon and Ford Dodge B150 Wagon, passenger seats behind the
driver and front passengers' seats are removable, creating a flat
surface, with storage space inside the vehicle. When the seats are
removed, cargo or other property may be carried in the vehicle, in lieu
of passengers.
Vehicles such as the Ford E 150 Club Wagon or Dodge B-150 Wagon,
that may be converted to carry either passengers or property, are
considered MPVs because they do not meet the proposed definition of
``LDT.'' In the ANPRM, NHTSA discussed defining ``LDTs'' as those 6,000
pound or under GVWR vehicles ``designed primarily for the
transportation of property or special purpose equipment.'' Vehicles
such as the Ford E 150 Club Wagon or Dodge B-150 Wagon were not
designed primarily to carry property. However, vehicles such as the
Ford E 150 Club Wagon and Dodge B-150 Wagon meet the proposed
definition of ``MPV''--i.e., those 6,000 pound or under GVWR vehicles
``constructed either on a truck chassis or with special features for
occasional off-road operation.'' Thus, for purposes of the Theft
Prevention Standard, a vehicle designed to be convertible to carry
either passengers or property would be considered an MPV.
Since there were no other comments addressing the definition of
LDT, this notice of proposed rulemaking proposes to define ``light-duty
truck'' as discussed in the ANPRM.
2. Multipurpose Passenger Vehicle
All comments on the definition of ``multipurpose passenger
vehicle'' concurred with the definition discussed in the ANPRM. Since
there were no objections to that definition, NHTSA is proposing to
define ``multipurpose passenger vehicle'' as set forth in the ANPRM.
3. Specifying ``Major Parts''
a. Major Parts for LDTs and MPV
In discussing the proposal it would develop regarding major parts
for LDTs and/or MPVs, NHTSA applied the same criteria used to select
the current 14 major parts specified in the Theft Prevention Standard
at Sec. 541.5(a). The selection criteria are whether the parts are
among those most frequently repaired or most costly to replace. (See 50
FR 19728, at 19732; May 10, 1985.)
In response to the ANPRM, commenters recommended that parts already
listed in the Theft Prevention Standard at Sec. 541.5(a) (1) through
(11) (i.e., engine, transmission, right and left front fenders, hood,
right and left front doors, right and left rear doors, front and rear
bumpers) should, if present on a vehicle, be treated as major parts for
MPVs and LDTs also. Since the 11 parts listed are among the most
frequently repaired and costly to replace, NHTSA tentatively concurs
that the parts, if present on MPVs and LDTs, should be major parts.
NHTSA is proposing to treat these MPV and LDT parts as major parts.
As to the designation of additional parts as major parts for MPVs
and LDTs, commenters had similar recommendations. Right and left rear
quarter panels (designated as major parts in Sec. 541.5(a) (12) and
(13)), are not necessarily present on MPVs or LDTs. Therefore, GM and
Ford recommended that for MPVs, in lieu of quarter panels, side-panels
should be designated as major parts, and for LDTs, pickup boxes or
cargo boxes should be designated as major parts. Volkswagen offered
similar recommendations. It stated that side panels and pickup or cargo
boxes are, respectively, the MPV and LDT counterparts to right and left
quarter panels, designated major parts for passenger cars. In addition,
the side panels and pickup or cargo boxes are among those most
frequently repaired on, respectively, MPVs and LDTs.
NHTSA tentatively agrees with the recommendations. Thus, it is
proposing to include side panels as major parts for MPVs, and pickup
boxes and/or cargo boxes as major parts for LDTs. Some commenters
recommended the truck bed as a major part. NHTSA believes, however that
``pickup box and/or cargo box'' includes ``truck bed'', and is not
proposing to list truck bed separately.
Other commenters recommended cargo doors as major parts for MPVs
and LDTs. NHTSA concurs that cargo doors should be proposed as major
parts, since cargo doors are the LDT counterpart to passenger car
doors, and are among the parts most frequently replaced. Thus, NHTSA is
proposing to treat cargo doors, if present on an LDT, as major parts.
b. Specifying Pieces of Motor Vehicle Glazing as Major Parts for MPVs,
LTDs and Passenger Cars
Advocates, Prospective Technologies, and State Farm, recommended
that windows and pieces of other motor vehicle glazing be treated as
major parts for all high theft vehicles. Prospective Technologies cited
the relative ease with which vehicle glazing could be marked, the low
cost of marking, and provided instances where motor vehicles with
glazing that was voluntarily marked with the vehicle identification
number resulted in lower theft rates. As an example, Prospective
Technologies cited Nissan's experience in etching the windows of the
Nissan 300ZX line with the vehicle identification number. As background
information about the 300ZX line, since model year 1987, the Nissan
300ZX, a high theft line, has been exempted from the parts marking
requirements of part 541 because every vehicle in the 300ZX line has an
antitheft device that NHTSA has determined is likely to be as effective
as parts marking. (See 51 FR 42577, November 25, 1986.)
Prospective reported that, beginning with model year 1992, Nissan
initiated window etching for 100 percent of the vehicles in its 300ZX
line. As a basis for comparison, no vehicle in the model year 1990 or
1991 300ZX line had its windows etched. Prospective stated that State
Farm Insurance Companies reported no theft claims on the etched 300ZXs
for the first 12 months that the etching was available. Prospective
further stated that the National Insurance Crime Bureau (NICB) reported
the theft rate of window-etched Nissan 300ZXs to be 26 percent below
that of the unmarked 300ZXs. Based on the NICB report, Prospective
multiplied the average theft loss cost expected over the life of the
300ZX ($1,012.50) by 26 percent to arrive at the theft loss reduction
expected over the life of the 300ZX, or $263.25. Subtracting
Prospective's estimate of the per vehicle cost of etching windows--
$5.00 (assuming economies of scale), Prospective estimates a net
savings per vehicle as a result of window etching of $258.25.
NHTSA tentatively agrees that specifying pieces of glazing as major
parts to be marked pursuant to the Theft Prevention Standard would
further the purpose of title IV, i.e., to provide for the
identification of certain motor vehicles and their major replacement
parts to impede motor vehicle theft. (See section 2(1).) Since the
markings on glazing would be in plain view, all types of motor vehicle
theft, not just theft for the purposes of chop shop operations or other
trafficking in stolen motor vehicle parts, might be deterred.
The possible furthering of legislative purpose and the public
commenters' evidence of window-marking efficacy (based, in part, on a
showing of lower theft losses for window marked Nissan 300ZXs compared
with non window marked Nissan 300ZXs) leads NHTSA to propose to specify
motor vehicle glazing as major parts. NHTSA further notes that motor
vehicle glazing, especially windshields, are among those parts most
frequently replaced. More specifically, NHTSA proposes to specify parts
marking for the following glazing parts, if present on a high theft
motor vehicle: Windshield; right front side window; left front side
window; right rear side window; left rear side window; rear window; and
right and left T-top inserts. NHTSA does not propose that glazing in
the interior of the vehicle, such as partitions, or small outside-
facing glazing, such as side vents or opera windows, be designated as
major parts. NHTSA seeks comment whether all the above listed glazing
parts should be specified for parts marking, and if not, which parts
should be excluded. NHTSA also seeks comment on the following three
issues that arise from marking windows and other glazing parts.
First, since all the glazing parts that NHTSA proposes for marking
are made of glass, they are more fragile than major parts that are made
mainly out of metal or hard rubber composites. Although glazing has a
greater tendency to break, NHTSA does not propose to specify any
particular method of parts marking for glazing, so that each
manufacturer may decide for itself the best marking method. NHTSA,
however, proposes that for parts that are labeled, glazing parts be
excluded from the specification in Sec. 541.5(d)(1)(ii)(B) that the
label be on a portion of the part not likely to be damaged in a
collision, and seeks comment on whether the exclusion is necessary.
Second, when marking major parts, manufacturers of original and
replacement parts must designate target areas for the identifying
number to be marked on each part. (See Secs. 541.5(e) and 541.6(e).)
Pursuant to Federal Motor Vehicle Safety Standard No. 205, Glazing
materials (49 CFR 571.205), a glazing manufacturer must place markings
on glazing certifying that the glazing complies with Standard No. 205.
Standard No. 205 does not specify areas on the glazing where the
certification markings must be placed. (See S6. Certification and
marking of Standard No. 205.) NHTSA seeks public comment on how the
theft program target areas for glazing parts can be specified so that
theft program markings and Standard No. 205 markings are not placed in
the same areas.
The third issue concerns passenger car lines that were subject to
the marking requirements of the Theft Prevention Standard before ACTA
was enacted. NHTSA is proposing to specify pieces of glazing as major
parts with the intention that manufacturers of such passenger car lines
mark glazing parts, in addition to all of the other passenger car parts
already specified in the Theft Prevention Standard. In this connection,
NHTSA notes that ACTA removed the statutory limit on the number of
major parts that may be required to be marked.
c. Decision Not To Propose Other Parts as Major Parts for MPVs, LTDs or
Passenger Cars
Commenters recommended several other motor vehicle parts for
consideration as major parts for MPVs, LDTs and passenger cars. The
NICB recommended that floor pans be considered as major parts for MPVs.
The Maryland State Police recommended that frames and grilles be added
as major parts for MPVs and LDTs. Advocates for Highway and Auto Safety
recommended including the rear axle housing, radiator core supports,
and seats for MPVs and LTDs. Advocates further recommended designating
airbag modules and vehicle computer modules as major parts for all high
theft vehicles, including passenger cars. The commenters provided no
evidence that marking the additional parts would be cost effective or
result in fewer motor vehicle thefts.
In contrast to the above recommendations, Nissan recommended that
the ``rear trunk floor pan'' not be included as a major part. GM
recommended that the grille, trunk floor pan, and frame (or comparable
structure) not be added as major parts for passenger cars.
NHTSA has decided not to propose the additional parts recommended
above as major parts on high theft lines. NHTSA does not believe the
recommended parts are as frequently replaced as those that are already
listed as major parts in the Theft Prevention Standard. Marking the
recommended parts would also mean additional costs for manufacturers,
with no evidence that the additional marking would help deter or reduce
motor vehicle thefts. Without a showing of possible reduction in motor
vehicle thefts as a result of marking these additional parts, NHTSA
sees no need to require manufacturers to incur the additional costs of
marking.
Other Proposed Changes to the Theft Prevention Standard; Proposed
Effective Date
In addition to the foregoing, NHTSA proposes to include a
definition of ``1990/91 median theft rate.'' NHTSA believes this
definition is necessary to minimize confusion between the median theft
rate specified in the Motor Vehicle Theft Law Enforcement Act of 1984,
based on 1983/84 data, and the updated median theft rate specified in
ACTA, based on 1990/1991 data. As mandated in ACTA, NHTSA calculated
the theft rates of all ``passenger motor vehicles'' for sale in the
U.S. in 1990 and 1991. NHTSA published the final results of its
calculations (final theft data) in a Federal Register document of
January 6, 1994. (See 59 FR 796) These data were subsequently corrected
in a Federal Register document of March 16, 1994. (See 59 FR 12400) The
corrected theft data showed that, based on 231 vehicle lines, the
median theft rate was 3.5826 thefts per thousand vehicles produced.
As discussed in the January 1994 document, in determining high or
low theft lines, pursuant to 49 CFR part 542, Procedure for Selecting
Lines to be Covered by the Theft Prevention Standard, NHTSA will apply
the 1990/91 median theft rate to passenger motor vehicle lines to be
introduced for model year (MY) 1996 and thereafter. NHTSA will continue
to apply the 1983/84 median theft rate to passenger car lines
introduced before MY 1996. In order to maintain consistency, NHTSA also
proposes that the amendments proposed in this NPRM, if made final, be
applied to all high theft passenger vehicle lines beginning with MY
1996.
Section 602(f) of the Theft Act requires NHTSA, by October 25,
1994, to promulgate a parts marking standard applicable to major parts
installed by manufacturers of ``passenger motor vehicles (other than
light-duty trucks) in not to exceed one-half of the lines not
designated under section 603 as high theft lines.'' In carrying out
section 602(f), NHTSA began by reviewing theft rates of the 231 vehicle
lines that were listed in the 1990/91 theft data. A total of 116
vehicle lines (any line rated at number 116 and lower) was potentially
subject to parts marking pursuant to section 602(f).
Out of the 116 lines, NHTSA removed from consideration any line
that was already subject to parts marking because NHTSA had previously
determined the line to be high theft, and also removed all light-duty
truck lines. NHTSA tentatively determined whether a line is a light-
duty truck line by applying the definition of ``light-duty truck''
proposed in this notice. If a different definition of ``light-duty
truck'' is adopted in the final rule, NHTSA will, in the final rule,
make appropriate adjustments to the list of subject lines. After
removing the ineligible lines, NHTSA determined that there were 57
below median lines still eligible for selection under section 602(f).
Out of the 57 below median lines left, NHTSA designated the 28 lines
with the highest theft rates, for selection to be parts marked pursuant
to section 602(f).
Therefore, in this NPRM, NHTSA proposes to implement section 602(f)
by selecting for parts marking the highest ranked 28 (out of 57)
eligible vehicle lines ranked below the 1990/91 median, in the January
1994 final theft data. Since the selected lines must be marked pursuant
to part 541, the Theft Prevention Standard, NHTSA proposes to list each
of the 28 below-median lines to be marked, in appendix B to part 541.
Pursuant to section 602(f) of the Theft Act, NHTSA proposes that parts
marking for these below-median lines begin with MY 1996, the first
model year that begins at least six months after October 1994. Since
section 602(f) does not specify marking of replacement parts for below-
median lines, NHTSA is not proposing to require marking for replacement
parts.
Finally, since appendix B--Criteria for Limiting the Selection of
Prestandard Lines Having or Likely to Have High Theft Rates to 14,
contains outdated references to lines introduced before April 24, 1986,
NHTSA proposes to revise Appendix B by removing all references to pre-
1986 lines, and, as described above, listing below median lines that
must be parts marked.
Regulatory Impacts
1. Executive Order 12866 and DOT Regulatory Policies and Procedures
This notice has not been reviewed under Executive Order 12866.
NHTSA has considered the impact of this rulemaking action and has
determined the action not to be ``significant'' under the Department of
Transportation's regulatory policies and procedures. This action
solicits comments on the definition of ``light-duty truck'' (LDT) and
on what parts of multipurpose passenger vehicles (MPVs) and LDTs should
be considered ``major parts.'' If made final, the definition of LDT may
affect low theft lines that are selected for parts marking, pursuant to
section 602(f) of the Theft Act. Since section 602(f) excludes LDTs
from its coverage, any passenger motor vehicle with a low theft rate
(other than an LDT) would be subject to parts marking. The definition
clarifies which vehicles Congress intended to be subject, as LDTs, to
the marking of high theft passenger motor vehicle lines, but excluded
from the potential rules for marking of low theft passenger motor
vehicle lines.
Similarly, the selection of the MPV and LDT parts to be marked is
already, in large part, decided by Congress in title VI, since the term
``major parts'' is defined at section 601(7) of the Theft Act. However,
the agency has authority under section 601(7) to make modifications to
the statutory list. The specific nature of the modifications that might
be made, as well as their impact, is unknown at this point. The overall
cost of marking the MPVs and LDTs would, in any event, be limited to
the $15 (in 1984 dollars), or $20.86 (in 1993 dollars, based on the
U.S. Department of Labor's United States City Average All Items
Consumer Price Index for All Urban Consumers (See 59 FR 8021, February
17, 1994)) per vehicle maximum specified in section 604(c).
Based on 1993 motor vehicle production estimates calculated by the
agency, NHTSA estimates the cost impact of this NPRM as follows. If
this NPRM is made final, current high theft passenger cars will need to
add window etching, at an estimated $5.00 per car. There were almost 3
million high theft passenger cars sold in calendar year 1993, making
this total cost of marking windows $15 million. Of these 3 million
cars, about 2.5 million passenger cars were required to mark all 14
parts, and about 0.5 million had to mark only the engine and
transmission. Another 0.4 million were exempt from parts marking by
having NHTSA-approved antitheft devices. If this NPRM is made final,
vehicles with the NHTSA-approved antitheft devices would not need to
have marked windows.
If this NPRM is made final, high theft MPVs and LDTs, and lines
listed in Appendix B must add both window etching ($5.00 and parts
marking ($5.06) per vehicle for a total of $10.06 per vehicle. Based on
1991 production figures, an additional 7.4 million would need to be
marked, making the approximate cost of marking high theft MPVs, LTDs,
and lines listed in appendix B, $74 million dollars. However, NHTSA
believes the $74 million estimate is high because many manufacturers
will petition for approval to use an antitheft device, in lieu of parts
marking.
Adding the $15 million estimated for the additional cost of window
marking for existing high theft lines to $74 million to the cost of
marking high theft MPVs, LDTs, and lines in appendix B, NHTSA estimates
that if made final, the total cost of this NPRM would be approximately
$89 million.
NHTSA cannot estimate the benefits of the proposal. The average
value of a stolen vehicle is approximately $6,100. Thus, the rule would
have to result in the prevention of about 14,590 vehicle thefts ($89
million divided by $6,100) to break even with the costs imposed, if
this NPRM is made final.
2. Regulatory Flexibility Act
The agency has also considered the effects of this rulemaking
action under the Regulatory Flexibility Act. I certify that this
proposed rule, if made final, will not have a significant economic
impact on a substantial number of small entities. As already noted,
this proposed rule seeks comments on a definition of ``light duty
truck'' and on parts for MPVs and LDTs that should be designated as
``major parts.'' If made final, the proposed rule itself will have
minimal effects on small manufacturers of passenger motor vehicles, as
almost none of the manufacturers of passenger motor vehicles that may
be subject to this rule is considered a small business. If made final,
this proposed rule will have no effect on small organizations or
governmental units that purchase passenger motor vehicles. Accordingly,
the agency has not prepared a regulatory flexibility analysis.
3. National Environmental Policy Act
In accordance with the National Environmental Policy Act of 1969,
the agency has considered the environmental impacts of this proposed
rule and determined that if made final, it will not have a significant
impact on the quality of the human environment.
4. Paperwork Reduction Act
The procedures in this rule for manufacturers to mark vehicle
identification numbers on specified parts of high theft passenger motor
vehicle lines, are considered to be information collection requirements
as that term is defined by the Office of Management and Budget (OMB) in
5 CFR part 1320. The information collection requirements for part 541
have been submitted to and approved by the OMB, pursuant to the
requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
This collection of information has been assigned OMB Control No. 2127-
0510, (Consolidated Vehicle Identification Number Requirements) and has
been approved for use through June 30, 1996.
5. Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
6. Civil Justice Reform
This proposed rule would not have any retroactive effect, and it
does not preempt any State law. Section 613 of the Motor Vehicle
Information and Cost Savings Act (15 U.S.C. 2020), provides that
judicial review of this rule may be obtained pursuant to section 504 of
the Cost Savings Act, (15 U.S.C. 2004). The Cost Savings Act does not
require submission of a petition for reconsideration or other
administrative proceedings before parties may file suit in court.
Procedures for Filing Comments
NHTSA solicits public comments on the issues presented in this
notice. It is requested, but not required that 10 copies be submitted.
All comments must not exceed 15 pages in length. (49 CFR 553.21).
Necessary attachments may be appended to these submissions without
regard to the 15 page limit. This limitation is intended to encourage
commenters to detail their primary arguments in a concise fashion.
If a commenter wishes to submit certain information under a claim
of confidentiality, three copies of the complete submission, including
purportedly confidential business information, should be submitted to
the Chief Counsel, NHTSA, at the street address given above, and seven
copies from which the purportedly confidential information has been
deleted should be submitted to the Docket Section. A request for
confidentiality should be accompanied by a cover letter setting forth
the information specified in the agency's confidential business
information regulation. 49 CFR part 512.
All comments received before the close of business on the comment
closing date indicated above for this notice will be considered, and
will be available for examination in the docket at the above address
both before and after that date. To the extent possible, comments filed
after the closing date will also be considered. Comments received too
late for consideration in regard to the final rule will be considered
as suggestions for further rulemaking action. Comments on this notice
will be available for inspection in the docket. NHTSA will continue to
file relevant information as it becomes available for inspection in the
docket after the closing date, and it is recommended that interested
persons continue to examine the docket for new material.
Those persons desiring to be notified upon receipt of their
comments in the rules docket should enclose a self-addressed, stamped
postcard in the envelope with their comments. Upon receiving the
comments, the docket supervisor will return the postcard by mail.
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 would be revised
to read as follows:
1. The authority citation would continue to read as follows:
Authority: 15 U.S.C. 2021-2024, and 2026; delegation of
authority at 49 CFR 1.50.
2. Section 541.3 would be revised to read as follows:
Sec. 541.3. Application.
This standard applies to the following:
(a) Passenger motor vehicle parts identified in Sec. 541.5(a) that
are present:
(1) In the vehicle lines listed in appendix A of this part;
(2) Beginning with model year 1996, in passenger motor vehicle
lines which NHTSA has finally determined, pursuant to 49 CFR part 542,
to be high theft based on the 1990/91 median theft rate; and
(3) Beginning with model year 1996, in passenger motor vehicle
lines listed in appendix B of this part.
(b) Replacement parts for the passenger motor vehicle lines
described in Sec. 541.3(a) (1) and (2), if the part is identified in
Sec. 541.5(a).
3. Section 541.4 would be revised to read as follows:
Sec. 541.4. Definitions.
(a) Statutory terms. All terms defined in sections 2 and 601 of the
Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901 and
2021) are used in accordance with their statutory meanings unless
otherwise defined in paragraph (b) of this section.
(b) Other definitions.--(1) Interior surface means, with respect to
a vehicle part, a surface that is not directly exposed to sun and
precipitation.
(2) Light-duty truck (LDT) means a motor vehicle, with motive
power, except a trailer, designed primarily for the transportation of
property or special purpose equipment, that is rated at 6,000 pounds
gross vehicle weight or less.
(3) Line means a name which a manufacturer applies to a group of
motor vehicles of the same make which have the same body or chassis, or
otherwise are similar in construction or design. A ``line'' may, for
example, include 2-door, 4-door, station wagon, and hatchback vehicles
of the same make.
(4) 1990/91 median theft rate means 3.5826 thefts per thousand
vehicles produced.
(5) Multipurpose passenger vehicle (MPV) means a passenger motor
vehicle which is constructed either on a truck chassis or with special
features for occasional off-road operation and which is rated at 6,000
pounds gross vehicle weight or less.
(6) Passenger car is used as defined in Sec. 571.3 of this chapter.
(7) VIN means the vehicle identification number required by part
565 and Sec. 571.115 of this chapter.
4. Section 541.5 would be revised to read as follows:
Sec. 541.5 Requirements for passenger motor vehicles.
(a) Each passenger motor vehicle subject to this standard must have
an identifying number affixed or inscribed on each of the parts
specified in paragraphs (a)(1) through (a)(26) inclusive of this
section, if the part is present on the passenger motor vehicle. In the
case of passenger motor vehicles not originally manufactured to comply
with applicable U.S. vehicle safety and bumper standards, each such
motor vehicle subject to this standard must have an identifying number
inscribed in a manner which conforms to paragraph (d)(2) of this
section, on each of the parts specified in paragraphs (a)(1) through
(a)(26), inclusive of this section, if the part is present on the motor
vehicle.
(1) Engine.
(2) Transmission.
(3) Right Front Fender.
(4) Left Front Fender.
(5) Hood.
(6) Right Front Door.
(7) Left Front Door.
(8) Right Rear Door.
(9) Left Rear Door.
(10) Sliding or Cargo Door(s).
(11) Front Bumper.
(12) Rear Bumper.
(13) Right Rear Quarter Panel (passenger cars).
(14) Left Rear Quarter Panel (passenger cars).
(15) Right-Side Assembly (MPVs).
(16) Left-Side Assembly (MPVs).
(17) Pickup box, and/or cargo box (LDTs).
(18) Rear door(s) (both doors in case of double doors), decklid,
tailgate, or hatchback (whichever is present).
(19) Windshield.
(20) Window of the Right Front Door.
(21) Window of the Left Front Door.
(22) Window of the Right Rear Door.
(23) Window of the Left Rear Door.
(24) Rear Window.
(25) Right T-top Glazing.
(26) Left T-top Glazing.
(b)(1) Except as provided in paragraphs (b)(2) and (b)(3) of this
section, the number required to be inscribed or affixed by paragraph
(a) of this section shall be the VIN of the passenger motor vehicle.
(2) In place of the VIN, manufacturers who were marking engines
and/or transmissions with a VIN derivative consisting of at least the
last eight characters of the VIN on October 24, 1984, may continue to
mark engines and/or transmissions with such VIN derivative.
(3) In the case of passenger motor vehicles not originally
manufactured to comply with U.S. vehicle safety and bumper standards,
the number required to be inscribed by paragraph (a) of this section
shall be the original vehicle identification number assigned to the
motor vehicle by its original manufacturer in the country where the
motor vehicle was originally produced or assembled.
(c) The characteristics of the number required to be affixed or
inscribed by paragraph (a) of this section shall satisfy the size and
style requirements set forth for vehicle certification labels in
Sec. 567.4(g) of this chapter.
(d) The number required by paragraph (a) of this section must be
affixed by means that comply with paragraph (d)(1) of this section or
inscribed by means that comply with paragraph (d)(2) of this section.
(1) Labels. (i) The number must be printed indelibly on a label,
and the label must be permanently affixed to the passenger motor
vehicle's part.
(ii) The number must be placed on each part specified in paragraph
(a) of this section in a location such that the number is, if
practicable, on an interior surface of the part as installed on the
vehicle and in a location where it:
(A) Will not be damaged by the use of any tools necessary to
install, adjust, or remove the part and any adjoining parts, or any
portions thereof;
(B) Except for labels on windows or other glazing, is on a portion
of the part not likely to be damaged in a collision; and
(C) Will not be damaged or obscured during normal dealer
preparation operations (including rustproofing and undercoating).
(iii) The number must be placed on each part specified in paragraph
(a) of this section in a location that is visible without further
disassembly once the part has been removed from the vehicle.
(iv) The number must be placed entirely within the target area
specified by the original manufacturer for that part, pursuant to
paragraph (e) of this section, on each part specified in paragraph (a)
of this section.
(v) Removal of the label must--
(A) Cause the label to self-destruct by tearing or rendering the
number on the label illegible, and
(B) Discernibly alter the appearance of that area of the part where
the label was affixed by leaving residual parts of the label or
adhesive in that area, so that investigators will have evidence that a
label was originally present.
(vi) Alteration of the number on the label must leave traces of the
original number or otherwise visibly alter the appearance of the label
material.
(vii) The label and the number shall be resistant to
counterfeiting.
(viii) The logo or some other unique identifier of the vehicle
manufacturer must be placed in the material of the label in a manner
such that alteration or removal of the logo visibly alters the
appearance of the label.
(2) Other means of identification. (i) Removal or alteration of any
portion of the number must visibly alter the appearance of the section
of the vehicle part on which the identification is marked.
(ii) The number must be placed on each part specified in paragraph
(a) of this section in a location that is visible without further
disassembly once the part has been removed from the vehicle.
(iii) The number must be placed entirely within the target area
specified by the original manufacturer for that part, pursuant to
paragraph (e) of this section, on each part specified in paragraph (a)
of this section.
(e) Target areas. (1) Each manufacturer that is the original
producer who installs or assembles the covered major parts on a line
shall designate a target area for the identifying numbers to be marked
on each part specified in paragraph (a) of this section for each of its
lines subject to this standard. The target area shall not exceed 50
percent of the surface area on the surface of the part on which the
target area is located.
(2) Each manufacturer subject to paragraph (e)(1) of this section
shall, not later than 30 days before the line is introduced into
commerce, inform NHTSA in writing of the target areas designated for
each line listed in appendix A to this part. The information should be
submitted to: Administrator, National Highway Traffic Safety
Administration, 400 Seventh Street, SW, Washington, DC 20590.
(3) The target areas designated by the original vehicle
manufacturer for a part on a line shall be maintained for the duration
of the production of such line, unless a restyling of the part makes it
no longer practicable to mark the part within the original target area.
If there is such a restyling, the original vehicle manufacturer shall
inform NHTSA of that fact and the new target area, in accordance with
the requirements of paragraph (e)(2) of this section.
5. Appendix B would be revised to read as follows:
Appendix B--Passenger Motor Vehicle Lines (Except Light-Duty Trucks)
with Theft Rates Below the 1990/91 Median Theft Rate, Subject to the
Requirements of This Standard
------------------------------------------------------------------------
Manufacturer Subject lines
------------------------------------------------------------------------
Chrysler........................... Dodge Ramcharger.
Dodge Ram Wagon/Van B150.
Daihatsu........................... Rocky.
Ferrari............................ Testarossa.
Ford............................... Aerostar.
Crown Victoria.
Explorer.
Festiva.
Mercury Grand Marquis.
Mercury Sable.
Taurus.
General Motors..................... Chevrolet Astro.
Chevrolet Celebrity.
Chevrolet Sprint.
GMC Safari.
Oldsmobile Custom Cruiser.
Oldsmobile Cutlass Cruiser.
Honda.............................. Civic.
Mazda.............................. Navajo.
Nissan............................. Axxess.
Porsche............................ 944.
Volvo.............................. 240.
740.
760.
940.
Volkswagen......................... Audi 80/90.
Fox.
Passat.
------------------------------------------------------------------------
Issued on: July 1, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-16493 Filed 7-7-94; 8:45 am]
BILLING CODE 4910-59-P