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Federal Motor Vehicle Theft Prevention Standard; Final Listing of 2021 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2021 Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Ann E. Carlson Date: 9 November 2023 Subjects: American Government  , Crime
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[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77225-77227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24611]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. NHTSA-2023-0003]
RIN 2127-AM59
Federal Motor Vehicle Theft Prevention Standard; Final Listing of
2021 Light Duty Truck Lines Subject to the Requirements of This
Standard and Exempted Vehicle Lines for Model Year 2021
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 (MY) 2021 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 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. Lastly, this final rule identifies vehicle lines that
have not been manufactured for the United States market in over 5
years.
DATES: This final rule is effective November 9, 2023.
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.
The statue at 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.
The regulations at 49 CFR part 543 establish 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
[[Page 77226]]
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-I 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.
Appendix A to Part 541--Lines Subject to the Requirements of This
Standard
For MY 2021, 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 eight MY 2021 vehicle lines newly exempted in full.
The eight exempted vehicle lines are the GM Chevrolet Trailblazer,
Toyota Venza, Mazda CX-30, Jaguar Land Rover I-Pace, Hyundai Sonata
Hybrid, Ford Bronco Sport, Volkswagen ID.4 and the Honda HR-V. 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. The agency believes that including those
vehicle lines in the part 541 appendices would be unnecessary.
Therefore, the agency is removing the BMW X1, Chrysler 200, Chrysler
Jeep Patriot, Chrysler Town and Country MPV, GM Buick LaCrosse/Regal,
GM Cadillac SRX, GM Chevrolet Malibu, Hyundai Azera, Hyundai Equus,
Mazda 5, Mercedes E320 BLUETEC, Mitsubishi iMiEV, Mitsubishi Lancer,
Nissan Juke, Nissan Quest and the Volkswagen Eos 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 rule are purely informational. The eight
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 rule effective on the date this rule 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 of significant
note to the Department under DOT Order 2100.6A (``Rulemaking Guidance
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
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 a significant impact on the quality of the
human environment as it merely informs the public about previous agency
actions.
C. Executive Order 13132 (Federalism)
The agency has analyzed this rulemaking in accordance with the
principles and criteria contained in E.O. 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 E. O. 12988, ``Civil Justice Reform,'' \3\ the agency
has considered whether this final rule has any retroactive effect. The
agency concludes 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. The statute at 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 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:
[[Page 77227]]
PART 541--FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD
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), X2
(MPV), X3 (MPV), X4
(MPV), X5 (MPV), Z4, 2
Series, 3 Series, 4
Series, 5 Series, 6
Series, 7 Series, 8
Series.
CHRYSLER..................................... 300, Dodge Charger, Dodge
Challenger, Dodge Dart,
Dodge Journey, Fiat 500,
Fiat 124 Spider, Jeep
Cherokee, Jeep Compass,
Jeep Grand Cherokee
(MPV), Jeep Gladiator,
Jeep Wrangler/Wrangler
JK,\2\ Jeep Wrangler JL.
FORD MOTOR CO................................ Bronco Sport,\1\ C-Max,
EcoSport, Edge, Escape,
Explorer, Fiesta, Focus,
Fusion, Lincoln Corsair,
Lincoln MKC, Lincoln
MKX, Lincoln Nautilus,
Mustang.
GENERAL MOTORS............................... Buick Encore, Buick
Verano, Cadillac ATS,
Cadillac CTS, Cadillac
XTS, Cadillac XT4,
Chevrolet Bolt,
Chevrolet Camaro,
Chevrolet Corvette,
Chevrolet Cruze,
Chevrolet Equinox,
Chevrolet Impala/Monte
Carlo, Chevrolet Sonic,
Chevrolet Spark,
Chevrolet
Trailblazer,\1\
Chevrolet Volt, GMC
Terrain.
HONDA........................................ Accord, Acura TLX, Acura
MDX, Civic, CR-V, HR-
V,\1\ Passport, Pilot.
HYUNDAI...................................... Genesis G70, Genesis
G80,\3\ IONIQ, Sonata/
Hybrid.\1\
JAGUAR....................................... F-Type, XE, XF, XJ, Land
Rover Discovery Sport,
Land Rover E-Pace, Land
Rover F-Pace, Land Rover
I-Pace,\1\ Land Rover
Range Rover Evoque, Land
Rover Velar.
KIA.......................................... Niro, Stinger.
MASERATI..................................... Ghibli, Levante (SUV),
Quattroporte.
MAZDA........................................ 2, 3, 6, CX-3, CX-5, CX-
9, CX-30,\1\ 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, E350
BLUETEC, E320/E320DT
CDi, E350/E500/E550,
E400 HYBRID, CLS400,
CLS500/550, CLS55 AMG,
CLS63 AMG.
MITSUBISHI................................... Eclipse Cross, Outlander,
Outlander Sport, Mirage.
NISSAN....................................... Altima, Leaf, Maxima,
Murano, NV200 Taxi,
Pathfinder, Rogue,
Kicks, Sentra, Infiniti
Q70, Infiniti Q50/60,
Infiniti QX50,\5\
Infiniti QX60, Versa.
PORSCHE...................................... 911, Boxster/Cayman,
Macan, Panamera, Taycan.
SUBARU....................................... Ascent, Forester,
Impreza, Legacy,
Outback, WRX, XV
Crosstrek/Crosstrek.\4\
TESLA........................................ Model 3, Model S, Model
X, Model Y.
TOYOTA....................................... Avalon, Camry, Corolla, C-
HR, Highlander, Lexus
ES, Lexus GS, Lexus LS,
Lexus NX, Lexus RX,
Prius, RAV4, Sienna,
Venza.\1\
VOLKSWAGEN................................... Atlas, Beetle, ID.4,\1\
Jetta, Passat, Tiguan,
Golf/Golf Sport wagen/
eGolf/Alltrack, Audi A3,
Audi A4, Audi A4Allroad
MPV, Audi A6, Audi A8,
Audi Q3, Audi Q5, Audi
TT.
VOLVO........................................ S60.
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\1\ Granted an exemption from the parts-marking requirements beginning
with MY 2021.
\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.
\5\ Nissan's QX50 was granted an exemption for MY 2019 and added the
QX55 SUV model to its line starting with MY 2021.
Issued under authority delegated in 49 CFR 1.95, and 501.5.
Ann E. Carlson,
Acting Administrator.
[FR Doc. 2023-24611 Filed 11-8-23; 8:45 am]
BILLING CODE 4910-59-P