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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations vehicle lines that have been granted an exemption from the parts-marking requirements because they are equipped with antitheft devices determined to meet certain criteria.
DATES: This final rule is effective August 30, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Carlita Ballard, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, West Building, W43439, NRM310, 1200 New Jersey Avenue SE, Washington, DC 20590. Ms.
Ballards phone number is 202 366
5222. Her fax number is 202 4932990.
SUPPLEMENTARY INFORMATION: The theft prevention standard 49 CFR part 541
applies to 1 all passenger car lines; 2
all multipurpose passenger vehicle MPV lines with a gross vehicle weight rating GVWR of 6,000 pounds or less;
3 low-theft light-duty truck LDT lines with a GVWR of 6,000 pounds or less that have major parts that are interchangeable with a majority of the covered major parts of passenger car or MPV lines; and 4 high-theft LDT lines with a GVWR of 6,000 pounds or less.
The purpose of the theft prevention standard is to reduce the incidence of motor vehicle theft by facilitating the tracing and recovery of parts from stolen vehicles. The standard seeks to facilitate such tracing by requiring that vehicle identification numbers VINs, VIN
derivative numbers, or other symbols be placed on major component vehicle parts. The theft prevention standard requires motor vehicle manufacturers to inscribe or affix VINs onto covered original equipment major component parts, and to inscribe or affix a symbol identifying the manufacturer and a common symbol identifying the replacement component parts for those original equipment parts, on all vehicle lines subject to the requirements of the standard.
49 U.S.C. 33104d provides that once a line has become subject to the theft prevention standard, the line remains subject to the requirements of the standard unless it is exempted under 49
U.S.C. 33106. Section 33106 provides that a manufacturer may petition annually to have one vehicle line exempted from the requirements of section 33104, if the line is equipped with an antitheft device meeting certain conditions as standard equipment. The exemption is granted if NHTSA
determines that the antitheft device is likely to be as effective as compliance with the theft prevention standard in reducing and deterring motor vehicle thefts.
49 CFR part 543 establishes the process through which manufacturers
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may seek an exemption from the theft prevention standard. Manufacturers may request an exemption under 49
CFR 543.6 by providing specific information about the antitheft device, its capabilities, and the reasons the petitioner believes the device to be as effective at reducing and deterring theft as compliance with the parts-marking requirements,1 or manufacturers may request an exemption under a more streamlined process outlined in 49 CFR
543.7 if the vehicle line is equipped with an antitheft device an immobilizer as standard equipment that complies with one of the standards specified in that section.2 If the exemption is sought under 49 CFR
543.6, NHTSA publishes a notice of its decision to grant or deny the exemption petition in the Federal Register and notifies the petitioner in writing; if the petition is sought under section 49 CFR
543.7, NHTSA notifies the petitioner in writing of the agencys decision to grant or deny the exemption petition.
NHTSA annually publishes the names of LDT lines NHTSA has determined to be high theft pursuant to 49 CFR part 541, LDT lines that NHTSA has determined to have major parts that are interchangeable with a majority of the covered major parts of passenger car or MPV lines, and vehicle lines that NHTSA has exempted from the theft prevention standard. Appendix A to part 541 identifies those LDT lines subject to the theft prevention standard beginning in a given model year.
Appendix AI to part 541 also lists those vehicle lines that NHTSA has exempted from the theft prevention standard.
For MY 2019, there are no new LDT
lines that will be subject to the theft prevention standard in accordance with the procedures published in 49 CFR part 542.
Appendix AI identifies those vehicle lines that have been exempted by the agency from the parts-marking requirements of part 541 and is amended to include ten MY 2019
vehicle lines newly exempted in full.
The ten exempted vehicle lines are the BMW 8 Series, Ford Lincoln Nautilus, GM Cadillac XT4, Honda Passport, Hyundai Genesis G80, Kia Stinger, Nissan Infiniti QX50, Subaru Ascent, Toyota Avalon and the Jaguar Land Rover Velar. NHTSA has either previously granted these exemption requests and published the determination in the Federal Register if the exemption was sought under 49 CFR
543.6, or has notified the manufacturer 1 49
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CFR 543.6.
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of the grant of exemption if the exemption was sought under 49 CFR
543.7.
Each year the agency also amends the appendices to part 541 to remove vehicle lines that have not been manufactured for the United States market in over 5 years. We believe that including those vehicle lines would be unnecessary. Therefore, the agency is removing the BMW 1 Series, Honda Acura TL, Hyundai Genesis, Nissan Cube, Nissan Infiniti G, Nissan Infiniti M, Subaru B9 Tribeca, and the Suzuki Kizashi vehicle lines from the Appendix AI listing. However, NHTSA will continue to maintain a comprehensive database of all exemptions on our website.
The changes made in this notice are purely informational. The ten vehicle lines that will be added to Appendix A
I of part 541 were granted exemptions in accordance with the procedures of 49
CFR part 543 and 49 U.S.C. 33106 and notices of the grants of those exemptions were published in the Federal Register, or the manufacturer was notified by grant letter. Therefore, NHTSA finds good cause under 5 U.S.C.
553b3B 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. 553d3 to make the amendment made by this notice effective on the date this notice is published in the Federal Register.
Regulatory Notices A. Executive Order 12866 and DOT
Regulatory Policies and Procedures This rulemaking document was not reviewed by the Office of Management and Budget OMB under Executive Order E.O. 12866. It is not considered to be significant under E.O. 12866 or the Departments 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 NHTSAs theft prevention standard and vehicles that NHTSA has exempted from those requirements. Since the purpose of the final rule is to inform the public of actions NHTSA has already taken, either determining that new lines are subject to parts marking requirements or exempting vehicle lines from those
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