Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 47847
* * * * * and (3) low-theft light-duty truck (LDT) identifies those new light-duty truck
[FR Doc. E8–18946 Filed 8–14–08; 8:45 am] lines with a GVWR of 6,000 pounds or lines listed for the first time that will be
BILLING CODE 6560–50–S less that have major parts that are subject to the theft prevention standard
interchangeable with a majority of the beginning in a given model year.
covered major parts of passenger cars or Appendix A–I to Part 541 identifies
DEPARTMENT OF TRANSPORTATION MPVs. The high-theft vehicle lines that those vehicle lines that are or have been
were previously exempted under 49 exempted from the theft prevention
National Highway Traffic Safety CFR part 543 on the grounds that they standard.
Administration were equipped with an antitheft device On September 26, 2007, the final
as standard equipment were unaffected listing of MY 2008 high-theft vehicle
49 CFR Part 541 by the April 2004 final rule. The agency lines was published in the Federal
also stated that it would continue to Register (72 FR 54600). The final listing
[Docket No. NHTSA–2008–0049] grant exemptions for one vehicle line identified that there again were no new
per manufacturer per model year. The vehicle lines that became subject to the
final rule was effective September 1, theft prevention standard beginning
Federal Motor Vehicle Theft Prevention 2006. The final rule included a phase- with the 2008 model year. For MY 2009,
Standard; Final Listing of 2009 Light in provision which required at least 50
there were no new light-duty truck lines
Duty Truck Lines Subject to the percent of the production volume not
identified that became subject to the
Requirements of This Standard and subject to the current parts marking
theft prevention standard in accordance
Exempted Vehicle Lines for Model Year requirements (excluding light duty
with the procedures published in 49
2009 trucks) to have been marked by
CFR part 542.
September 1, 2006. The remaining
AGENCY: National Highway Traffic production volume not subject to the For MY 2009, the list of lines that
Safety Administration (NHTSA), current parts marking requirements have been exempted by the agency from
Department of Transportation. must have been marked by September 1, the parts-marking requirements of Part
ACTION: Final rule. 2007 (see 70 FR 28843, May 19, 2005). 541 includes nine vehicle lines newly
The purpose of the theft prevention exempted in full. The nine exempted
SUMMARY: This final rule announces standard (49 CFR part 541) is to reduce vehicle lines are the Hyundai Genesis,
NHTSA’s determination that there are the incidence of motor vehicle theft by Mazda 5, Subaru Forester, Jeep
no new model year (MY) 2009 light duty facilitating the tracing and recovery of Wrangler, Chevrolet Equinox, Daimler
truck lines subject to the parts-marking parts from stolen vehicles. The standard smart USA fortwo, Nissan Rogue, Ford
requirements of the Federal motor seeks to facilitate such tracing by Escape, and Audi Q5.
vehicle theft prevention standard requiring that vehicle identification We note that the agency removes from
because they have been determined by numbers (VINs), VIN derivative the list being published in the Federal
the agency to be high-theft or because numbers, or other symbols be placed on Register each year certain vehicles lines
they have a majority of interchangeable major component vehicle parts. The that have been discontinued more than
parts with those of a passenger motor theft prevention standard requires motor 5 years ago. Therefore, the Chevrolet
vehicle line. This final rule also vehicle manufacturers to inscribe or Lumina/Monte Carlo (1996–1999) and
identifies those vehicle lines that have affix VINs onto covered original the Chevrolet Malibu (2001–2003) have
been granted an exemption from the equipment major component parts, and been removed from the Appendix A–I
parts-marking requirements because the to inscribe or affix a symbol identifying listing. The agency will continue to
vehicles are equipped with antitheft the manufacturer and a common symbol maintain a comprehensive database of
devices determined to meet certain identifying the replacement component all exemptions on our Web site.
statutory criteria. parts for those original equipment parts, However, we believe that re-publishing
DATES: Effective Date: The amendment on all vehicle lines subject to the a list containing vehicle lines that have
made by this final rule is effective requirements of the standard. not been in production for a
August 15, 2008. Section 33104(d) provides that once a
considerable period of time is
line has become subject to the theft
FOR FURTHER INFORMATION CONTACT: Ms. unnecessary.
prevention standard, the line remains
Rosalind Proctor, Consumer Standards subject to the requirements of the The vehicle lines listed as being
Division, Office of International Policy, standard unless it is exempted under exempt from the standard have
Fuel Economy and Consumer Programs, § 33106. Section 33106 provides that a previously been exempted in
NHTSA, West Building, 1200 New manufacturer may petition to have a accordance with the procedures of 49
Jersey Avenue, SE., (NVS–131, Room line exempted from the requirements of CFR part 543 and 49 U.S.C., 33106.
W43–302), Washington, DC 20590. Ms. § 33104, if the line is equipped with an Therefore, NHTSA finds for good cause
Proctor’s telephone number is (202) antitheft device as standard equipment. that notice and opportunity for
366–0846. Her fax number is (202) 493– The exemption is granted if NHTSA comment on these listings are
0073. determines that the antitheft device is unnecessary. Further, public comment
SUPPLEMENTARY INFORMATION: On April likely to be as effective as compliance on the listing of selections and
6, 2004, the agency published in the with the theft prevention standard in exemptions is not contemplated by 49
Federal Register (69 FR 17960) a final reducing and deterring motor vehicle U.S.C. Chapter 331. For the same
rule extending the parts-marking thefts. reasons, since this revised listing only
requirements to certain vehicle lines The agency annually publishes the informs the public of previous agency
sroberts on PROD1PC70 with PROPOSALS
that were not previously subject to these names of those vehicle lines that have actions and does not impose additional
requirements, specifically (1) all low- been determined to be high theft obligations on any party, NHTSA finds
theft passenger car lines; (2) all low- pursuant to 49 CFR part 541 and those for good cause that the amendment
theft multipurpose passenger vehicle that are exempted from the theft made by this notice should be effective
(MPV) lines with a gross vehicle weight prevention standard under section as soon as it is published in the Federal
rating (GVWR) of 6,000 pounds or less; 33104. Appendix A to Part 541 Register.
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47848 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations
Regulatory Impacts the Regulatory Flexibility Act and F. Executive Order 12988 (Civil Justice
certify that it would not have a Reform)
A. Executive Order 12866 and DOT
significant economic impact on a Pursuant to Executive Order 12988,
Regulatory Policies and Procedures
substantial number of small entities. As ‘‘Civil Justice Reform,’’1 the agency has
Executive Order 12866, ‘‘Regulatory noted above, the effect of this final rule considered whether this final rule has
Planning and Review’’ (58 FR 51735, is only to inform the public of agency’s any retroactive effect. We conclude that
October 4, 1993), provides for making previous actions. it would not have such an effect. In
determinations whether a regulatory
C. National Environmental Policy Act accordance with § 33118 when the Theft
action is ‘‘significant’’ and therefore
Prevention Standard is in effect, a State
subject to Office of Management and NHTSA has analyzed this final rule or political subdivision of a State may
Budget (OMB) review and to the for the purposes of the National not have a different motor vehicle theft
requirements of the Executive Order. Environmental Policy Act. The agency prevention standard for a motor vehicle
The Order defines a ‘‘significant has determined that implementation of or major replacement part. 49 U.S.C.
regulatory action’’ as one that is likely this action will not have any significant 33117 provides that judicial review of
to result in a rule that may: impact on the quality of the human
(1) Have an annual effect on the this rule may be obtained pursuant to 49
environment. Accordingly, no U.S.C. 32909. Section 32909 does not
economy of $100 million or more or environmental assessment is required.
adversely affect in a material way the require submission of a petition for
economy, a sector of the economy, D. Executive Order 13132 (Federalism) reconsideration or other administrative
productivity, competition, jobs, the proceedings before parties may file suit
The agency has analyzed this in court.
environment, public health or safety, or rulemaking in accordance with the
State, local, or Tribal governments or principles and criteria contained in G. Paperwork Reduction Act
communities; Executive Order 13132 and has The Department of Transportation has
(2) Create a serious inconsistency or
determined that it does not have not submitted an information collection
otherwise interfere with an action taken
sufficient federal implications to request to OMB for review and
or planned by another agency;
warrant consultation with State and clearance under the Paperwork
(3) Materially alter the budgetary
local officials or the preparation of a reduction Act of 1995 (Pub. L. 104–13,
impact of entitlements, grants, user fees,
federalism summary impact statement. 44 U.S.C. Chapter 35). This rule does
or loan programs or the rights and
E. Unfunded Mandates Act not impose any new information
obligations of recipients thereof; or
collection requirements on
(4) Raise novel legal or policy issues
The Unfunded Mandates Reform Act manufacturers.
arising out of legal mandates, the
President’s priorities, or the principles of 1995 requires agencies to prepare a List of Subjects in 49 CFR Part 541
set forth in the Executive Order. written assessment of the costs, benefits
and other effects of proposed or final Administrative practice and
This final rule was not reviewed
rules that include a Federal mandate procedure, Labeling, Motor vehicles,
under Executive Order 12866. It is not
likely to result in the expenditure by Reporting and recordkeeping
significant within the meaning of the
State, local or tribal governments, in the requirements.
DOT Regulatory Policies and
Procedures. It will not impose any new aggregate, or by the private sector, of I In consideration of the foregoing, 49
burdens on vehicle manufacturers. This more than $100 million annually CFR part 541 is amended as follows:
document informs the public of ($120.7 million as adjusted annually for
inflation with base year of 1995). The PART 541—[AMENDED]
previously granted exemptions. Since
the only purpose of this final rule is to assessment may be combined with other I 1. The authority citation for part 541
inform the public of previous actions assessments, as it is here. continues to read as follows:
taken by the agency no new costs or This final rule will not result in
Authority: 49 U.S.C. 33101, 33102, 33103,
burdens will result. expenditures by State, local or tribal 33104, 33105 and 33106; delegation of
governments or automobile authority at 49 CFR 1.50.
B. Regulatory Flexibility Act manufacturers and/or their suppliers of
I 2. In part 541, Appendix A–I is
The Regulatory Flexibility Act of 1980 more than $120.7 million annually. This
revised to read as follows:
(5 U.S.C. 601 et seq.) requires agencies document informs the public of
to evaluate the potential effects of their previously granted exemptions. Since Appendix A–I to Part 541—Lines With
rules on small businesses, small the only purpose of this final rule is to Antitheft Devices Which Are Exempted
organizations and small governmental inform the public of previous actions From the Parts-Marking Requirements
jurisdictions. I have considered the taken by the agency, no new costs or of This Standard Pursuant to 49 CFR
effects of this rulemaking action under burdens will result. Part 543
Manufacturer Subject lines
BMW ................................... MINI.
1 Car Line.
3 Car Line.
sroberts on PROD1PC70 with PROPOSALS
5 Car Line.
6 Car Line.
7 Car Line.
CHRYSLER ........................ 300C.
Jeep Grand Cherokee.
1 See 61 FR 4729, February 7, 1996.
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Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 47849
Manufacturer Subject lines
Town and Country MPV.
FORD MOTOR CO ............ Escape.1
Ford Five Hundred.
Lincoln Town Car.
Mercury Sable (2001–2004).
Mercury Grand Marquis.
GENERAL MOTORS ......... Buick Lucerne.
Buick Park Avenue.
Chevrolet Impala/Monte Carlo.
Chevrolet Malibu/Malibu Maxx.
Chevrolet Venture (2002–2004).
Pontiac Grand Am.
Pontiac Grand Prix.
HONDA ............................... Acura CL.
HYUNDAI ........................... Azera.
ISUZU ................................. Axiom.
JAGUAR ............................. XK.
MAZDA ............................... 3.
DAIMLER 2 .......................... Smart USA Fortwo.1
SL-Class (the models within this line are): 300SL, 500SL, 600SL, SL500, SL550, SL600, SL55, SL65.
S-Class/CL-Class (the models within this line are): S450, S500, S550, S600, S55, S65, CL500, CL600, CL55,
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/E55, CLS500/CLS55.
MITSUBISHI ....................... Eclipse.
NISSAN .............................. Altima.
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47850 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations
Manufacturer Subject lines
PORSCHE .......................... 911.
SAAB .................................. 9–3.
SUBARU ............................. Forester.1
SUZUKI .............................. XL–7.
TOYOTA ............................. Lexus ES.
VOLKSWAGEN .................. Audi 5000S.
1 Granted an exemption from the parts marking requirements beginning with MY 2009.
2 Formerly known as Mercedes-Benz.
Issued on: August 11, 2008. DATES: Closure is effective 12:01 a.m., EEZ from 12:01 a.m., local time, on
Nathaniel M. Beuse, local time, August 17, 2008, until 12:01 August 17, 2008, until 12:01 a.m., local
Office of Crash Avoidance Standards, a.m., local time, on January 1, 2009. time, on January 1, 2009. The operator
Director. FOR FURTHER INFORMATION CONTACT: of a vessel with a valid commercial
[FR Doc. E8–18890 Filed 8–14–08; 8:45 am] Britni Tokotch, telephone 727–824– vessel permit for snapper-grouper
BILLING CODE 4910–59–P 5305, fax 727–824–5308, e-mail having golden tilefish aboard must have
Britni.Tokotch@noaa.gov. landed and bartered, traded, or sold
such golden tilefish prior to 12:01 a.m.,
SUPPLEMENTARY INFORMATION: The local time, August 17, 2008.
DEPARTMENT OF COMMERCE snapper-grouper fishery of the South During the closure, the bag and
Atlantic is managed under the Fishery possession limits specified in 50 CFR
National Oceanic and Atmospheric Management Plan for the Snapper-
Administration 622.39(b) apply to all harvest or
Grouper Fishery of the South Atlantic possession of golden tilefish in or from
Region (FMP). The FMP was prepared the South Atlantic EEZ, and the sale or
50 CFR Part 622 by the South Atlantic Fishery purchase of golden tilefish taken from
[Docket No. 040205043–4043–01] Management Council and is the EEZ is prohibited. The prohibition
implemented under the authority of the on sale or purchase does not apply to
RIN 0648–XI45 Magnuson-Stevens Fishery sale or purchase of golden tilefish that
Conservation and Management Act were harvested, landed ashore, and sold
Fisheries of the Caribbean, Gulf of
(Magnuson-Stevens Act) by regulations prior to 12:01 a.m., local time, August
Mexico, and South Atlantic; Snapper-
at 50 CFR part 622. Those regulations 17, 2008, and were held in cold storage
grouper Fishery of the South Atlantic;
set the commercial quota for golden by a dealer or processor.
Closure of the 2008 Commercial
tilefish in the South Atlantic at 295,000
Fishery for Golden Tilefish in the Classification
lb (133,810 kg) for the current fishing
year, January 1 through December 31, This action responds to the best
AGENCY: National Marine Fisheries 2008. available information recently obtained
Service (NMFS), National Oceanic and Under 50 CFR 622.43(a), NMFS is from the fishery. The Assistant
Atmospheric Administration (NOAA), required to close the commercial fishery Administrator for Fisheries, NOAA,
Commerce. for a species or species group when the (AA), finds good cause to waive the
ACTION: Temporary rule; closure. quota for that species or species group requirement to provide prior notice and
is reached, or is projected to be reached, opportunity for public comment
SUMMARY: NMFS closes the commercial by filing a notification to that effect with pursuant to the authority set forth at 5
fishery for golden tilefish in the the Office of the Federal Register. Based U.S.C. 553(b)(B) as such prior notice
exclusive economic zone (EEZ) of the on current statistics, NMFS has and opportunity for public comment is
sroberts on PROD1PC70 with PROPOSALS
South Atlantic. NMFS has determined determined that the available unnecessary and contrary to the public
that the quota for the commercial commercial quota of 295,000 lb (133,810 interest. Such procedures would be
fishery for golden tilefish will have been kg) for golden tilefish will be reached on unnecessary because the rule itself has
reached by August 17, 2008. This or before August 17, 2008. Accordingly, already been subject to notice and
closure is necessary to protect the NMFS is closing the commercial fishery comment, and all that remains is to
golden tilefish resource. for golden tilefish in the South Atlantic notify the public of the closure.
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