Federal Motor Vehicle Theft Prevention Standard; Final Listing of 2018 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2018 |
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Heidi Renate King
National Highway Traffic Safety Administration
12 June 2019
[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Rules and Regulations]
[Pages 27205-27208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12333]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. NHTSA-2017-0091]
RIN 2127-AL79
Federal Motor Vehicle Theft Prevention Standard; Final Listing
of 2018 Light Duty Truck Lines Subject to the Requirements of This
Standard and Exempted Vehicle Lines for Model Year 2018
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 2018 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.
DATES: This final rule is effective June 12, 2019.
FOR FURTHER INFORMATION CONTACT: Mr. Hisham Mohamed, Office of
[[Page 27206]]
International Policy, Fuel Economy and Consumer Programs at 202-366-
0307 or Ms. Carlita Ballard, Office of International Policy, Fuel
Economy and Consumer Programs at 202-366-5222.
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.
Title 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.
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 lists those vehicle lines that NHTSA has exempted from
the theft prevention standard.
For MY 2018, 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.
For MY 2018, appendix A-1 identifies those vehicle lines that have
been exempted by the agency from the parts-marking requirements of part
541 and is amended to include eleven vehicle lines newly exempted in
full. The eleven exempted vehicle lines are the Acura MDX, BMW X2,
Chevrolet Volt, Ford EcoSport, Jeep Wrangler, Kia Niro, Land Rover F-
Pace, Mitsubishi Eclipse Cross, Nissan Kicks, Lexus NX, and the
Volkswagen Atlas.
The agency is removing the Nissan Versa Note from the appendix A-1
listing because it was erroneously identified in appendix A-1 of the
October 23, 2018 final rule. (See 83 FR 53396). Each year the agency
also amends the appendices to part 542 to remove vehicle lines that
have not been manufactured in over 5 years. We believe that including
those vehicle lines would be unnecessary. Therefore, the agency is
removing the Cadillac DTS, Mazda CX-7, Mitsubishi Eclipse, Mitsubishi
Endeavor, Mitsubishi Galant, Nissan Versa Hatchback, Saab 9-3 and Saab
9-5 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 eleven
vehicle lines that will be added to appendix A-I of part 542 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. Therefore, NHTSA finds good cause
under 5 U.S.C. 553(b)(3)(B) that notice and opportunity for comment 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 amendment made
by this rule effective on the date this rule is published in the
Federal Register.
Regulatory Impacts
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
requirements, the final rule will not impose any new burdens.
B. Executive Order 13771
Executive Order 13771 titled ``Reducing Regulation and Controlling
Regulatory Costs,'' directs that, unless prohibited by law, whenever an
executive department or agency publicly proposes for notice and comment
or otherwise promulgates a new regulation, it shall identify at least
two existing regulations to be repealed. In addition, any new
incremental costs associated with new regulations shall, to the extent
permitted by law, be offset by the elimination of existing costs. Only
those rules deemed significant under section 3(f) of Executive Order
12866, ``Regulatory Planning and Review,'' are subject to these
requirements. As discussed above, this rule is not a significant rule
under Executive Order 12866 and, accordingly, is not subject to the
offset requirements of Executive Order 13771.
C. National Environmental Policy Act
NHTSA has analyzed this final rule for the purposes of the National
Environmental Policy Act. The agency has determined that implementation
of this action will not have any significant impact on the quality of
the human environment as it merely informs the public about previous
agency actions. Accordingly, no environmental assessment is required.
D. Executive Order 13132 (Federalism)
The agency has analyzed this rulemaking in accordance with the
principles and criteria contained in Executive Order 13132 and has
determined that it does not have sufficient Federal implications to
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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.
E. Unfunded Mandates Act
The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
($120.7 million as adjusted annually for inflation with base year of
1995). The assessment may be combined with other assessments, as it is
here.
This final rule will not result in expenditures by State, local or
tribal governments or automobile manufacturers and/or their suppliers
of more than $120.7 million annually. This document informs the public
of previously granted exemptions. Since the only purpose of this final
rule is to inform the public of previous actions taken by the agency,
no new costs or burdens will result.
F. Executive Order 12988 (Civil Justice Reform)
Pursuant to Executive Order 12988, ``Civil Justice Reform'',\1\ the
agency has considered whether this final rule has any retroactive
effect. We conclude that it would not have such an effect as it only
informs the public of previous agency actions. In accordance with
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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\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.
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 Car
Line (2012-2015), X2
\1\, X3, X4, X5, Z4, 1
Car Line, 3 Car Line, 4
Car Line, 5 Car Line, 6
Car Line, 7 Car Line.
CHRYSLER..................................... 200, 300C, Dodge
Charger, Dodge
Challenger, Dodge Dart,
Dodge Journey, Fiat 500,
Jeep Cherokee, Jeep
Compass, Jeep Grand
Cherokee, Jeep Patriot,
Jeep Wrangler/Wrangler
JK,\2\ Jeep Wrangler
(new),\1\ Town and
Country MPV.
FORD MOTOR CO................................ C-Max, EcoSport,\1\ Edge,
Escape, Explorer,
Fiesta, Focus, Fusion,
Lincoln MKC, Lincoln
MKX, Mustang, Taurus.
GENERAL MOTORS............................... Buick LaCrosse/Regal,
Buick Verano, Cadillac
ATS, Cadillac CTS,
Cadillac SRX, Cadillac
XTS, Chevrolet Bolt,
Chevrolet Camaro,
Chevrolet Corvette,
Chevrolet Cruze,
Chevrolet Equinox,
Chevrolet Impala/Monte
Carlo, Chevrolet Malibu,
Chevrolet Sonic,
Chevrolet Spark,
Chevrolet Volt,\1\ GMC
Terrain.
HONDA........................................ Accord, Acura MDX,\1\
Acura TL, Civic, CRV,
Pilot.
HYUNDAI...................................... Azera, Equus, Genesis,\3\
IONIQ.
JAGUAR....................................... F-Type, XE, XF, XJ, XK,
Land Rover Discovery
Sport, Land Rover F-
Pace,\1\ Land Rover LR2,
Land Rover Range Rover
Evoque.
KIA.......................................... Niro.\1\
MASERATI..................................... Ghibli, Levante (SUV),
Quattroporte.
MAZDA........................................ 2, 3, 5, 6, CX-3, CX-5,
CX-9, Fiat 124 Spyder,
MX-5 Miata .
MERCEDES-BENZ................................ smart USA fortwo, smart
Line Chassis. SL-Line
Chassis (SL-Class) (the
models within this line
are): SL400, SL550, SL
63/AMG, SL 65/AMG. SLK-
Line Chassis (SLK-Class)
(the models within this
line are): SLK 250, SLK
300, SLK 350, SLK 55
AMG. S-Line Chassis (S/
CL/S-Coupe Class) (the
models within this line
are): S450, S500, S550,
S600, S55, S63 AMG, S65
AMG, CL55, CL65, CL500,
CL550, CL600. NGCC
Chassis Line (CLA/GLA/B-
Class) (the models
within this line are):
B250e, CLA250, CLA250
4MATIC, CLA45 4MATIC
AMG, GLA250, GLA45 AMG.
C-Line Chassis (C-Class/
CLK/GLK-Class) (the
models within this line
are): C63 AMG, C240,
C250, C300, C350, CLK
350, CLK 550, CLK 63AMG,
GLK250, GLK350. E-Line
Chassis (E-Class/CLS
Class) (the models
within this line are):
E55, E63 AMG, E320
BLUETEC, E350 BLUETEC,
E320/E320DT CDi, E350/
E500/E550, E400 HYBRID,
CLS400, CLS500, CLS55
AMG, CLS63 AMG.
MITSUBISHI................................... Eclipse Cross,\1\ iMiEV,
Lancer, Outlander,
Outlander Sport, Mirage.
NISSAN....................................... Altima, Cube, Juke, Leaf,
Maxima, Murano, NV200
Taxi, Pathfinder, Quest,
Rogue, Kicks,\1\ Sentra,
Infiniti G (2003-2013),
Infiniti M (2004-2013),
Infiniti Q70, Infiniti
Q50/60, Infiniti QX60.
PORSCHE...................................... 911, Boxster/Cayman,
Macan, Panamera.
SUBARU....................................... Forester, Impreza,
Legacy, B9 Tribeca,
Outback, WRX, XV
Crosstrek/Crosstrek.\4\
SUZUKI....................................... Kizashi.
TESLA........................................ Model 3, Model S, Model
X.
TOYOTA....................................... Camry, Corolla,
Highlander, Lexus ES,
Lexus GS, Lexus LS,
Lexus NX,\1\ Lexus RX,
Prius, RAV4, Sienna.
VOLKSWAGEN................................... Atlas,\1\ Beetle, Eos,
Jetta, Passat, Tiguan,
Audi A3, Audi A4, Audi
A4Allroad MPV, Audi A6,
Audi A8, Audi Q3, Audi
Q5, Audi TT, Golf/Rabbit/
GTI/R32.
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VOLVO........................................ S60.
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\1\ Granted an exemption from the parts marking requirements beginning
with MY 2018.
\2\ Jeep Wrangler (2007-2017) nameplate changed to Jeep Wrangler JK
beginning with MY 2018.
\3\ Hyundai discontinued use of its parts marking exemption for the
Genesis vehicle line beginning with the 2010 model year.
\4\ Subaru XV Crosstrek nameplate changed to Crosstrek beginning with MY
2016.
Issued in Washington, DC, under authority delegated in 49 CFR
1.95, 501.5.
Heidi Renate King,
Deputy Administrator.
[FR Doc. 2019-12333 Filed 6-11-19; 8:45 am]
BILLING CODE 4910-59-P