Federal Motor Vehicle Theft Prevention Standard; Final Listing of 2014 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2014 |
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Christopher J. Bonanti
National Highway Traffic Safety Administration
July 23, 2013
[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Rules and Regulations]
[Pages 44030-44033]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17630]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. NHTSA-2013-0027]
RIN 2127-AL42
Federal Motor Vehicle Theft Prevention Standard; Final Listing
of 2014 Light Duty Truck Lines Subject to the Requirements of This
Standard and Exempted Vehicle Lines for Model Year 2014
AGENCY: National Highway Traffic Safety Administration (NHTSA),
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 (MY) 2014 light duty truck lines subject to the
parts-marking requirements of the Federal motor vehicle theft
prevention standard because they have been determined by the agency to
be high-theft or because they have a majority of interchangeable parts
with those of a passenger motor vehicle line. This final rule also
identifies those vehicle lines that have been granted an exemption from
the parts-marking requirements because the vehicles are equipped with
antitheft devices determined to meet certain statutory criteria.
DATES: The amendment made by this final rule is effective July 23,
2013.
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 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 light-duty truck lines with a GVWR of 6,000 pounds or
less.
The purpose of the theft prevention standard (49 CFR Part 541) is
to reduce the incidence of motor vehicle theft by facilitating the
tracing and recovery of parts from stolen vehicles. The standard seeks
to facilitate such tracing by requiring that vehicle identification
numbers (VINs), VIN derivative numbers, or other symbols be placed on
major component vehicle parts. The theft prevention standard requires
motor vehicle manufacturers to inscribe or affix VINs onto covered
original equipment major component parts, and to inscribe or affix a
symbol identifying the manufacturer and a common symbol identifying the
replacement component parts for those original equipment parts, on all
vehicle lines subject to the requirements of the standard.
Section 33104(d) provides that once a line has become subject to
the theft prevention standard, the line remains subject to the
requirements of the standard unless it is exempted under Sec. 33106.
Section 33106 provides that a manufacturer may petition annually to
have one vehicle line exempted from the requirements of Sec. 33104, if
the line is equipped with an antitheft device meeting certain
conditions as standard equipment. The exemption is granted if NHTSA
determines that the antitheft device is likely to be as effective as
compliance with the theft prevention standard in reducing and deterring
motor vehicle thefts.
The agency annually publishes the names of those LDT lines that
have been determined to be high theft pursuant to 49 CFR Part 541,
those LDT lines that have been determined to have major parts that are
interchangeable with a majority of the covered major parts of passenger
car or MPV lines and those vehicle lines that are exempted from the
theft prevention standard under section 33104. Appendix A to Part 541
identifies those LDT lines that are or will be subject to the theft
prevention standard beginning in a given model year. Appendix A-I to
Part 541 identifies those vehicle lines that are or have been exempted
from the theft prevention standard.
For MY 2014, 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 2014, the list of lines that have been exempted by the
agency from the parts-marking requirements of Part 541 is amended to
include thirteen
[[Page 44031]]
vehicle lines newly exempted in full. The thirteen exempted vehicle
lines are the BMW Carline 4, Jeep Cherokee, Ford Edge, Cadillac ATS
Vehicle line, Honda Civic, Jaguar F-Type, Maserati Quattroporte,
Mercedes-Benz New Generation Compact Car (NGCC) Line Chassis/CLA-Class,
Mitsubishi Mirage, Nissan Infiniti QX60 (formerly known as the Infiniti
JX), Toyota RAV4, Volkswagen Eos, and the Volvo S60.
Subsequent to publishing the June 4, 2012 final rule (See 77 FR
32903), the agency also granted one petition for exemption in full to
Jaguar Land Rover North America LLC's (Jaguar) Land Rover LR2 vehicle
lines beginning with its MY 2013 vehicles.
We note that the agency also removes from the list being published
in the Federal Register each year certain vehicles lines that have been
discontinued more than 5 years ago. Therefore, the agency is removing
the Chevrolet Malibu Maxx, Chevrolet Uplander and the Pontiac Grand
Prix vehicle lines from the Appendix A-I listing. The agency will
continue to maintain a comprehensive database of all exemptions on our
Web site. However, we believe that re-publishing a list containing
vehicle lines that have not been in production for a considerable
period of time is unnecessary.
The vehicle lines listed as being exempt from the standard have
previously been exempted in accordance with the procedures of 49 CFR
Part 543 and 49 U.S.C., 33106. Therefore, NHTSA finds for good cause
that notice and opportunity for comment on these listings are
unnecessary. Further, public comment on the listing of selections and
exemptions is not contemplated by 49 U.S.C. Chapter 331. For the same
reasons, since this revised listing only informs the public of previous
agency actions and does not impose additional obligations on any party,
NHTSA finds for good cause that the amendment made by this notice
should be effective as soon as it is published in the Federal Register.
Regulatory Impacts
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and to the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
This final rule was not reviewed under Executive Order 12866. It is
not significant within the meaning of the DOT Regulatory Policies and
Procedures. It will not impose any new burdens on vehicle
manufacturers. This document informs the public of previously granted
exemptions. Since the only purpose of this final rule is to inform the
public of previous actions taken by the agency no new costs or burdens
will result.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. Sec. 601 et seq.)
requires agencies to evaluate the potential effects of their rules on
small businesses, small organizations and small governmental
jurisdictions. I have considered the effects of this rulemaking action
under the Regulatory Flexibility Act and certify that it would not have
a significant economic impact on a substantial number of small
entities. As noted above, the effect of this final rule is only to
inform the public of agency's previous actions.
C. National Environmental Policy Act
NHTSA has analyzed this final rule for the purposes of the National
Environmental Policy Act. The agency has determined that implementation
of this action will not have any significant impact on the quality of
the human environment. Accordingly, no environmental assessment is
required.
D. Executive Order 13132 (Federalism)
The agency has analyzed this rulemaking in accordance with the
principles and criteria contained in Executive Order 13132 and has
determined that it does not have sufficient federal implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement.
E. Unfunded Mandates Act
The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
($120.7 million as adjusted annually for inflation with base year of
1995). The assessment may be combined with other assessments, as it is
here.
This final rule will not result in expenditures by State, local or
tribal governments or automobile manufacturers and/or their suppliers
of more than $120.7 million annually. This document informs the public
of previously granted exemptions. Since the only purpose of this final
rule is to inform the public of previous actions taken by the agency,
no new costs or burdens will result.
F. Executive Order 12988 (Civil Justice Reform)
Pursuant to Executive Order 12988, ``Civil Justice Reform,'' \1\
the agency has considered whether this final rule has any retroactive
effect. We conclude that it would not have such an effect. In
accordance with Sec. 33118 when the Theft Prevention Standard is in
effect, a State or political subdivision of a State may not have a
different motor vehicle theft prevention standard for a motor vehicle
or major replacement part. 49 U.S.C. 33117 provides that judicial
review of this rule may be obtained pursuant to 49 U.S.C. 32909.
Section 32909 does not require submission of a petition for
reconsideration or other administrative proceedings before parties may
file suit in court.
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\1\ See 61 FR 4729, February 7, 1996.
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G. Paperwork Reduction Act
The Department of Transportation has not submitted an information
collection request to OMB for review and clearance under the Paperwork
reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This rule
does not impose any new information collection requirements on
manufacturers.
List of Subjects in 49 CFR Part 541
Administrative practice and procedure, Labeling, Motor vehicles,
Reporting and recordkeeping requirements.
[[Page 44032]]
In consideration of the foregoing, 49 CFR part 541 is amended as
follows:
PART 541--[AMENDED]
0
1. The authority citation for part 541 continues to read as follows:
Authority: 49 U.S.C. 33101, 33102, 33103, 33104, 33105 and
33106; delegation of authority at 49 CFR 1.50.
0
2. In part 541, Appendix A-I is revised to read as follows:
Appendix A-I to Part 541--Lines With Antitheft Devices Which Are
Exempted From the Parts-Marking Requirements of This Standard Pursuant
to 49 CFR Part 543
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Manufacturer Subject lines
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BMW....................................... MINI.
X1.
X3.
X5.
Z4.
1 Car Line.
3 Car Line.
4 Car Line.\1\
5 Car Line.
6 Car Line.
7 Car Line.
CHRYSLER.................................. 300C.
Jeep Cherokee.\1\
Fiat 500.
Town and Country MPV.
Jeep Grand Cherokee.
Jeep Patriot.
Jeep Wrangler.
Dodge Charger.
Dodge Challenger.
Dodge Dart.
Dodge Journey.
Dodge Magnum (2008).
FORD MOTOR CO............................. C-Maxx.
Edge.\1\
Escape.
Explorer.
Focus.
Fusion.
Lincoln Town Car.
Mustang.
Mercury Mariner.
Mercury Grand Marquis.
Mercury Sable.
Taurus.
Taurus X.
GENERAL MOTORS............................ Buick Lucerne.
Buick LaCrosse.
Buick Verano.
Cadillac ATS.\1\
Cadillac CTS.
Cadillac DTS/Deville.
Cadillac XTS/Deville.
Chevrolet Camaro.
Chevrolet Cobalt (2005-
2010).
Chevrolet Corvette.
Chevrolet Cruze.
Chevrolet Equinox.
Chevrolet Impala/Monte
Carlo.
Chevrolet Malibu.
Chevrolet Sonic.
GMC Terrain.
Pontiac G6.
Saturn Aura.
HONDA..................................... Acura TL.
Civic.\1\
HYUNDAI................................... Azera.
Genesis.
Equus (originally codenamed VI)...........
JAGUAR.................................... F-Type.\1\
XJ.
XK.
Land Rover LR2.\2\
Land Rover Range Rover
Evoque.
KIA....................................... Amanti.
MASERATI.................................. Quattroporte.\1\
MAZDA..................................... 2.
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\1\ Granted an exemption from the parts marking requirements beginning
with MY 2014.
\2\ Granted an exemption from the parts marking requirements beginning
with MY 2013.
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Manufacturer Subject lines
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3.
5.
6.
CX-5.
CX-7.
CX-9.
MX-5 Miata.
Tribute.
MERCEDES-BENZ............................. smart USA fortwo.
SL-Class (the models within
this line are):
SL550.
SL55.
SL 63/AMG.
SL 65/AMG.
SLK-Class (the models within
this line are):
SLK 300.
SLK 350.
SLK 55 AMG.
S-Class/CL-Class (the models
within this line are):
S450.
S500.
S550.
S600.
S55.
S63 AMG.
S65 AMG.
CL55.
CL65.
CL500.
CL550.
CL600.
NGCC/CLA- Class\1\ (the
models within this line
are):
CLA250.
CLA250 4MATIC.
CLA45 4MATIC AMG.
C-Class/CLK-Class (the
models within this line
are):
C240.
C300.
C350.
CLK 350.
CLK 550.
CLK 63AMG.
E-Class/CLS Class (the
models within this line
are):
E320/E320DT CDi.
E350/E500/E550.
CLS500/CLS55.
MITSUBISHI................................ Eclipse.
Endeavor.
Galant.
iMiEV.
Lancer.
Outlander.
Outlander Sport.
Mirage.\1\
NISSAN.................................... Altima.
Cube.
Juke.
Leaf.
Maxima.
Murano.
Pathfinder.
Quest.
Rogue.
Sentra.
Versa (2008-2011).
Versa Hatchback.\5\
Versa Note.\6\
Infiniti G.\4\
Infiniti Q50.
Infiniti QX60.\12\
Infiniti M.\3\
Infiniti Q70
PORSCHE................................... 911.
Boxster/Cayman.
Panamera.
SAAB...................................... 9-3.
9-5.
SUBARU.................................... Forester.
Impreza.
Legacy.
B9 Tribeca.
Outback.
XV Crosstrek.
SUZUKI.................................... Kizashi.
XL-7.
TESLA..................................... Model S.
TOYOTA.................................... Camry.
Corolla.
Lexus ES.
Lexus GS.
Lexus LS.
Lexus SC.
Prius.
RAV4.\1\
VOLKSWAGEN................................ Audi A3.
Audi A4.
A4 Allroad MPV.
Audi A6.
Audi A8.
Audi Q5.
Beetle.
Eos.\1\
Golf/Rabbit/GTI/R.
Jetta.
[[Page 44033]]
New Beetle (renamed
``Beetle'' in MY 2012).
Passat.
Tiguan.
VOLVO..................................... S60.\1\
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\1\ Granted an exemption from the parts marking requirements beginning
with MY 2014.
\2\ Formerly known as the Infiniti JX--nameplate changed to Infiniti
QX60 beginning with MY 2014 vehicles.
\3\ Nameplate changed to Infiniti Q70 beginning with MY 2014 vehicles.
\4\ Nameplate changed from the Infiniti G Sedan to the Infiniti Q50
Sedan and the Infiniti G Coupe/Convertible model was changed to the
Infiniti Q60 Coupe/Convertible beginning with MY 2014 vehicles.
\5\ Nameplate changed to Nissan Versa Note beginning with MY 2014.
\6\ Nissan will not utilize its exemption for the Versa Note in MY2014
but will parts-mark all Versa Note vehicles.
Issued on: July 18, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2013-17630 Filed 7-22-13; 8:45 am]
BILLING CODE 4910-59-P