80 FR 60555 - Federal Motor Vehicle Theft Prevention Standard; Final Listing of 2016 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2016
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 194 (October 7, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 194 (October 7, 2015)
| Page Range | 60555-60560 | |
| FR Document | 2015-25369 |
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)] [Rules and Regulations] [Pages 60555-60560] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25369] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 541 [Docket No. NHTSA-2015-0043] RIN 2127-AL59 Federal Motor Vehicle Theft Prevention Standard; Final Listing of 2016 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2016 AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule announces NHTSA's determination that there are no new model year (MY) 2016 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 major parts that are interchangeable with a majority of the covered major parts of passenger car or MPV lines. 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 October 7, 2015. 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 (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. 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 [[Page 60556]] 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 2016, 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 2016, the list of lines that have been exempted by the agency from the parts-marking requirements of Part 541 is amended to include ten vehicle lines newly exempted in full. The ten exempted vehicle lines are the BMW X1(MPV), Lincoln MKX, Chevrolet Spark, Honda CRV, Jaguar XF, Maserati Ghibli, Mazda CX-3, Mercedes-Benz smart Line Chassis, Toyota Sienna and the Audi TT. When publishing the August 11, 2014 final rule (See 79 FR 46715), the agency erroneously omitted the Chrysler 200 vehicle line from the Appendix A-I listing of ten vehicles that were exempted from the parts marking requirements for MY 2015. This notice corrects that error. 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 Cobalt, Mercury Sable, Taurus X, Pontiac G6, Saturn Aura, Kia Amanti, Lexus SC and the Suzuki XL-7 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, Executive Order 13563 and the Department of Transportation's regulatory policies provide for making determinations on whether a regulatory action is ``significant'' and therefore subject to Office of Management and Budget (OMB) review and to the requirements of the Executive Orders. 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. 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 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 warrant consultation with State and local officials or the preparation of a federalism summary impact statement. As discussed above, this final rule only provides better 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 [[Page 60557]] section 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. --------------------------------------------------------------------------- \1\ See 61 FR 4729, February 7, 1996. --------------------------------------------------------------------------- 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 ------------------------------------------------------------------------ Manufacturer Subject lines ------------------------------------------------------------------------ BMW.................................. MINI. X1 (MPV).\1\ X1(2012-2015).\2\ X3. X4. X5. Z4. 1 Car Line. 3 Car Line. 4 Car Line. 5 Car Line. 6 Car Line. 7 Car Line. CHRYSLER............................. 200.\3\ 300C. Jeep Cherokee. Fiat 500. Town and Country MPV. Jeep Grand Cherokee. Jeep Patriot. Jeep Wrangler. Dodge Charger. Dodge Challenger. Dodge Dart. Dodge Journey. FORD MOTOR CO........................ C-Maxx. Edge. Escape. Explorer. Fiesta. Focus. Fusion. Lincoln MKX.\1\ Lincoln Town Car. Mustang. Mercury Mariner. Mercury Grand Marquis. Taurus. GENERAL MOTORS....................... Buick Lucerne. Buick LaCrosse. Buick LaCrosse/Regal. Buick Verano. Cadillac ATS. Cadillac CTS. Cadillac DTS/Deville. Cadillac SRX. Cadillac XTS/Deville. Chevrolet Camaro. Chevrolet Corvette. Chevrolet Cruze. Chevrolet Equinox. Chevrolet Impala/Monte Carlo. Chevrolet Malibu. Chevrolet Sonic. Chevrolet Spark.\1\ [[Page 60558]] GMC Terrain. Pontiac G6. Saturn Aura. HONDA................................ Accord. Acura TL. Civic. CRV.\1\ HYUNDAI.............................. Azera. Genesis. Equus. JAGUAR............................... F-Type. XF.\1\ XJ. XK. Land Rover Discovery Sport. Land Rover LR2. Land Rover Range Rover Evoque. MASERATI............................. Ghibli.\1\ Quattroporte. MAZDA................................ 2. 3. 5. 6. CX-3.\1\ CX-5. CX-7. CX-9. MX-5 Miata. Tribute. MERCEDES-BENZ........................ smart USA fortwo. smart Line Chassis.\1\ 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) \4\ (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- Class) (the models within this line are): 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. [[Page 60559]] E320 BLUETEC. E350 BLUETEC. E320/E320DT CDi. E350/E500/E550. E400 HYBRID. CLS400. CLS500. CLS55 AMG. CLS63 AMG. MITSUBISHI........................... Eclipse. Endeavor. Galant. iMiEV. Lancer. Outlander. Outlander Sport. Mirage. NISSAN............................... Altima. Cube. Juke. Leaf. Maxima. Murano. NV200 Taxi. Pathfinder. Quest. Rogue. Sentra. Versa (2008-2011). Versa Hatchback. Versa Note. Infiniti G (2003-2013). Infiniti M (2004-2013). Infiniti Q70. Infiniti Q50/60. Infiniti QX60. PORSCHE.............................. 911. Boxster/Cayman. Macan. Panamera. SAAB................................. 9-3. 9-5. SUBARU............................... Forester. Impreza. Legacy. B9 Tribeca. Outback. WRX. XV Crosstrek. SUZUKI............................... Kizashi. TESLA................................ Model S. Model X. TOYOTA............................... Camry. Corolla. Highlander. Lexus ES. Lexus GS. Lexus LS. Prius. RAV4. Sienna.\1\ VOLKSWAGEN........................... Audi A3. Audi A4. A4 Allroad MPV. Audi A6. Audi A8. Audi Q3. Audi Q5. Audi TT.\1\ Beetle. Eos. Golf/Rabbit/GTI/R32. Jetta. New Beetle (renamed ``Beetle'' in MY 2012). [[Page 60560]] Passat. Tiguan. VOLVO................................ S60. ------------------------------------------------------------------------ \1\ Granted an exemption from the parts marking requirements beginning with MY 2016. \2\ The X1 carline was replaced by the X1 MPV line beginning in MY 2016. According to BMW, production of its X1 carline ceased in MY 2015. \3\ Granted an exemption from the parts marking requirements beginning with MY 2015. \4\ According to Mercedes-Benz, the CL-Class was renamed the S-Coupe Class beginning with MY 2015. Under authority delegated in 49 CFR part 1.95. Raymond R. Posten, Associate Administrator for Rulemaking. [FR Doc. 2015-25369 Filed 10-6-15; 8:45 am] BILLING CODE 4910-59-P
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employee who has been granted access (i) The Contractor shall test for the covered major parts of passenger car or
to classified information; a contractor or following drugs: Marijuana, Cocaine, MPV lines. This final rule also identifies
subcontractor employee in other Amphetamines, Opiates and those vehicle lines that have been
positions that the contractor or Phencyclidine (PCP) in accordance with granted an exemption from the parts-
subcontractor determines could the Mandatory Guidelines for Federal marking requirements because the
reasonably be expected to affect safety, Workplace Drug Testing Programs vehicles are equipped with antitheft
security, National security, or functions Mandatory Guidelines, Section 3.1, and devices determined to meet certain
other than the foregoing requiring a high 49 CFR 40.85. statutory criteria.
degree of trust and confidence; and (ii) The contractor shall comply with DATES: The amendment made by this
includes any employee performing in a the requirements and procedures for final rule is effective October 7, 2015.
position designated mission critical or alcohol testing at 49 CFR part 40. FOR FURTHER INFORMATION CONTACT: Ms.
performing mission critical duties. The (iii) The use of a controlled substance Rosalind Proctor, Consumer Standards
term also includes any applicant who is in accordance with the terms of a valid Division, Office of International Policy,
tentatively selected for a position prescription, or other uses authorized by Fuel Economy and Consumer Programs,
described in this paragraph. law shall not be subject to the NHTSA, West Building, 1200 New
Mission Critical Space Systems means requirements this clause. Jersey Avenue SE., (NVS–131, Room
the collection of all space-based and (5) The contractor shall conduct post- W43–302), Washington, DC 20590. Ms.
ground-based systems used to conduct accident testing when the contractor Proctor’s telephone number is (202)
space missions or support activity in determines the employee’s actions are 366–4807. Her fax number is (202) 493–
space, including, but not limited to, the reasonably suspected of having caused 0073.
crewed space system, space-based or contributed to an accident resulting
communication and navigation systems, SUPPLEMENTARY INFORMATION: The theft
in death or personal injury requiring
launch systems, and mission/launch prevention standard (49 CFR part 541)
immediate hospitalization or damage to
control. applies to (1) all passenger car lines; (2)
Government or private property
Mission Critical Positions/Duties all multipurpose passenger vehicle
estimated to exceed $20,000. Upon
means positions or duties which, if (MPV) lines with a gross vehicle weight
request, the Contractor shall provide the
performed in a faulty, negligent, or rating (GVWR) of 6,000 pounds or less;
results of post-accident testing to the
malicious manner, could jeopardize (3) low-theft light-duty truck (LDT) lines
Contracting Officer.
mission critical space systems and/or with a GVWR of 6,000 pounds or less
* * * * * that have major parts that are
delay a mission.
(b)(1) The Contractor shall institute 1852.246–70 [Removed and Reserved] interchangeable with a majority of the
and maintain a program for achieving a covered major parts of passenger car or
■ 8. Section 1852.246–70 is removed MPV lines; and (4) high-theft LDT lines
drug- and alcohol-free workforce. As a
and reserved. with a GVWR of 6,000 pounds or less.
minimum, the program shall provide for
pre-employment, reasonable suspicion, [FR Doc. 2015–25394 Filed 10–6–15; 8:45 am] The purpose of the theft prevention
random, post-accident, and periodic BILLING CODE 7510–13–P standard is to reduce the incidence of
recurring (follow-up) testing of motor vehicle theft by facilitating the
contractor employees in sensitive tracing and recovery of parts from stolen
positions for use, in violation of DEPARTMENT OF TRANSPORTATION vehicles. The standard seeks to facilitate
applicable law or Federal regulation, of such tracing by requiring that vehicle
alcohol or a controlled substance. The National Highway Traffic Safety identification numbers (VINs), VIN
Contractor may establish its testing or Administration derivative numbers, or other symbols be
rehabilitation program in cooperation placed on major component vehicle
with other contractors or organizations. 49 CFR Part 541 parts. The theft prevention standard
(2) In determining which positions to [Docket No. NHTSA–2015–0043] requires motor vehicle manufacturers to
designate as ‘‘sensitive,’’ the contractor inscribe or affix VINs onto covered
may use the guidelines for determining RIN 2127–AL59 original equipment major component
testing designated positions in NASA parts, and to inscribe or affix a symbol
Federal Motor Vehicle Theft Prevention identifying the manufacturer and a
Procedural Requirements (NPR) 3792.1,
Standard; Final Listing of 2016 Light common symbol identifying the
NASA’s Plan for a Drug Free Workplace,
Duty Truck Lines Subject to the replacement component parts for those
as a guide for the criteria and in
Requirements of This Standard and original equipment parts, on all vehicle
designating ‘‘sensitive’’ positions for
Exempted Vehicle Lines for Model Year lines subject to the requirements of the
contractor employees.
(3) This clause neither prohibits nor 2016 standard.
requires the Contractor to test AGENCY: National Highway Traffic Section 33104(d) provides that once a
employees in a foreign country. If the Safety Administration (NHTSA), U.S. line has become subject to the theft
Contractor chooses to conduct such Department of Transportation. prevention standard, the line remains
testing, this does not authorize the ACTION: Final rule. subject to the requirements of the
Contractor to violate foreign law in standard unless it is exempted under
conducting such testing. SUMMARY: This final rule announces § 33106. Section 33106 provides that a
(4) The Contractor’s program shall NHTSA’s determination that there are manufacturer may petition annually to
asabaliauskas on DSK5VPTVN1PROD with RULES
conform to the ‘‘Mandatory Guidelines no new model year (MY) 2016 light duty have one vehicle line exempted from
for Federal Workplace Drug Testing truck lines subject to the parts-marking the requirements of § 33104, if the line
Programs’’ published by the Department requirements of the Federal motor is equipped with an antitheft device
of Health and Human Services (73 FR vehicle theft prevention standard meeting certain conditions as standard
71858) and the procedures in 49 CFR because they have been determined by equipment. The exemption is granted if
part 40, ‘‘Procedures for Transportation the agency to be high-theft or because NHTSA determines that the antitheft
Workplace Drug and Alcohol Testing they have major parts that are device is likely to be as effective as
Programs.’’ interchangeable with a majority of the compliance with the theft prevention
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section 33118 when the Theft request to OMB for review and PART 541—[AMENDED]
Prevention Standard is in effect, a State clearance under the Paperwork
or political subdivision of a State may reduction Act of 1995 (Pub. L. 104–13, ■ 1. The authority citation for Part 541
not have a different motor vehicle theft 44 U.S.C. Chapter 35). This rule does continues to read as follows:
prevention standard for a motor vehicle not impose any new information
or major replacement part. 49 U.S.C. Authority: 49 U.S.C. 33101, 33102, 33103,
collection requirements on 33104, 33105 and 33106; delegation of
33117 provides that judicial review of manufacturers.
this rule may be obtained pursuant to 49 authority at 49 CFR 1.95.
U.S.C. 32909. Section 32909 does not List of Subjects in 49 CFR Part 541
■ 2. Appendix A–I to Part 541 is revised
require submission of a petition for to read as follows:
reconsideration or other administrative Administrative practice and
proceedings before parties may file suit procedure, Labeling, Motor vehicles, Appendix A–I to Part 541—Lines With
in court. Reporting and recordkeeping Antitheft Devices Which Are Exempted
requirements. From the Parts-Marking Requirements
G. Paperwork Reduction Act
In consideration of the foregoing, 49 of This Standard Pursuant to 49 CFR
The Department of Transportation has CFR part 541 is amended as follows: Part 543
not submitted an information collection
Manufacturer Subject lines
BMW ............................................................................................. MINI.
X1 (MPV).1
X1(2012–2015).2
X3.
X4.
X5.
Z4.
1 Car Line.
3 Car Line.
4 Car Line.
5 Car Line.
6 Car Line.
7 Car Line.
CHRYSLER .................................................................................. 200.3
300C.
Jeep Cherokee.
Fiat 500.
Town and Country MPV.
Jeep Grand Cherokee.
Jeep Patriot.
Jeep Wrangler.
Dodge Charger.
Dodge Challenger.
Dodge Dart.
Dodge Journey.
FORD MOTOR CO ....................................................................... C-Maxx.
Edge.
Escape.
Explorer.
Fiesta.
Focus.
Fusion.
Lincoln MKX.1
Lincoln Town Car.
Mustang.
Mercury Mariner.
Mercury Grand Marquis.
Taurus.
GENERAL MOTORS .................................................................... Buick Lucerne.
Buick LaCrosse.
Buick LaCrosse/Regal.
Buick Verano.
Cadillac ATS.
Cadillac CTS.
Cadillac DTS/Deville.
Cadillac SRX.
asabaliauskas on DSK5VPTVN1PROD with RULES
Cadillac XTS/Deville.
Chevrolet Camaro.
Chevrolet Corvette.
Chevrolet Cruze.
Chevrolet Equinox.
Chevrolet Impala/Monte Carlo.
Chevrolet Malibu.
Chevrolet Sonic.
Chevrolet Spark.1
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Manufacturer Subject lines
Passat.
Tiguan.
VOLVO ......................................................................................... S60.
1 Granted an exemption from the parts marking requirements beginning with MY 2016.
2 The X1 carline was replaced by the X1 MPV line beginning in MY 2016. According to BMW, production of its X1 carline ceased in MY 2015.
3 Granted an exemption from the parts marking requirements beginning with MY 2015.
4 According to Mercedes-Benz, the CL-Class was renamed the S-Coupe Class beginning with MY 2015.
Under authority delegated in 49 CFR part FOR FURTHER INFORMATION CONTACT: whether a group of organisms
1.95. Dwayne Meadows, Ph.D., NMFS, Office constitutes a ‘‘species’’ under the ESA,
Raymond R. Posten, of Protected Resources, (301) 427–8403. then whether the status of the species
Associate Administrator for Rulemaking. SUPPLEMENTARY INFORMATION: qualifies it for listing as either
[FR Doc. 2015–25369 Filed 10–6–15; 8:45 am] threatened or endangered. Section 3 of
Background the ESA defines a ‘‘species’’ to include
BILLING CODE 4910–59–P
On July 15, 2013, we received a ‘‘any subspecies of fish or wildlife or
petition from WildEarth Guardians to plants, and any distinct population
list 81 marine species as threatened or segment of any species of vertebrate fish
DEPARTMENT OF COMMERCE endangered under the Endangered or wildlife which interbreeds when
Species Act (ESA). We found that the mature.’’
National Oceanic and Atmospheric petitioned actions may be warranted for Section 3 of the ESA defines an
Administration 27 of the 81 species and announced the endangered species as ‘‘any species
initiation of status reviews for each of which is in danger of extinction
50 CFR Parts 223 and 224 the 27 species (78 FR 63941, October 25, throughout all or a significant portion of
2013; 78 FR 66675, November 6, 2013; its range’’ and a threatened species as
[Docket No. 140707555–5880–02] 78 FR 69376, November 19, 2013; 79 FR one ‘‘which is likely to become an
9880, February 21, 2014; and 79 FR endangered species within the
RIN 0648–XD370 10104, February 24, 2014). On foreseeable future throughout all or a
December 16, 2014, we published a significant portion of its range.’’ We
Endangered and Threatened Wildlife proposed rule to list the dusky sea snake interpret an ‘‘endangered species’’ to be
and Plants; Final Rule To List the (Aipysurus fuscus) and three foreign one that is presently in danger of
Dusky Sea Snake and Three Foreign corals (Cantharellus noumeae, extinction. A ‘‘threatened species,’’ on
Corals Under the Endangered Species Siderastrea glynni, and Tubastraea the other hand, is not presently in
Act floreana) as endangered species, and we danger of extinction, but is likely to
proposed to list the Banggai cardinalfish become so in the foreseeable future (that
AGENCY: National Marine Fisheries (Pterapogon kauderni) and Harrisson’s is, at a later time). In other words, the
Service (NMFS), National Oceanic and dogfish (Centrophorus harrissoni) as primary statutory difference between a
Atmospheric Administration (NOAA), threatened species (79 FR 74953). We threatened and endangered species is
Commerce. requested public comment on the timing of when a species may be in
ACTION: Final rule. information in the status reviews and danger of extinction, either presently
proposed rule, and the comment period (endangered) or in the foreseeable future
SUMMARY: We, NMFS, issue a final rule
was open through February 17, 2015. (threatened).
to list three foreign corals and the dusky Section 4(a)(1) of the ESA requires us
This final rule provides a discussion of
sea snake under the Endangered Species to determine whether any species is
the information we received during the
Act (ESA). We considered comments endangered or threatened due to any
public comment period and our final
submitted on the proposed listing rule one or a combination of the following
determination on the petition to list the
and have determined that the three five threat factors: The present or
three foreign corals (Cantharellus
foreign corals (Cantharellus noumeae, threatened destruction, modification, or
noumeae, Siderastrea glynni, and
Siderastrea glynni, and Tubastraea curtailment of its habitat or range;
Tubastraea floreana) and the dusky sea
floreana) and the dusky sea snake overutilization for commercial,
snake (Aipysurus fuscus) under the
(Aipysurus fuscus) should be listed as recreational, scientific, or educational
ESA. Our final determinations for the
endangered species. We will not purposes; disease or predation; the
other species proposed for listing in the
designate critical habitat for any of the inadequacy of existing regulatory
December 16, 2014, proposed rule (79
species because the geographical areas mechanisms; or other natural or
FR 74953; Banggai cardinalfish
occupied by these species are entirely manmade factors affecting its continued
(Pterapogon kauderni) and Harrisson’s
outside U.S. jurisdiction, and we have existence. We are also required to make
dogfish (Centrophorus harrissoni)) will
not identified any unoccupied areas listing determinations based solely on
be made in a subsequent rule. The status
within U.S. jurisdiction that are the best scientific and commercial data
of the findings and relevant Federal
currently essential to the conservation available, after conducting a review of
Register notices for those and the other
of any of these species.
asabaliauskas on DSK5VPTVN1PROD with RULES
21 species can be found on our Web site the species’ status and after taking into
DATES: This final rule is effective at http://www.nmfs.noaa.gov/pr/ account efforts being made by any state
November 6, 2015. species/petition81.htm. or foreign nation to protect the species.
ADDRESSES: Chief, Endangered Species We are responsible for determining In making a listing determination, we
Division, NMFS Office of Protected whether species are threatened or first determine whether a petitioned
Resources (F/PR3), 1315 East West endangered under the ESA (16 U.S.C. species meets the ESA definition of a
Highway, Silver Spring, MD 20910, 1531 et seq.). To make this ‘‘species.’’ Next, using the best available
USA. determination, we consider first information gathered during the status
VerDate Sep<11>2014 17:26 Oct 06, 2015 Jkt 238001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\07OCR1.SGM 07OCR1](https://thefederalregister.org/doc/80_FR_60749/page/6.svg)
Document Created: 2015-12-15 08:49:14
Document Modified: 2015-12-15 08:49:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The amendment made by this final rule is effective October 7, 2015. | |
| 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. | |
| FR Citation | 80 FR 60555 | |
| RIN Number | 2127-AL59 | |
| CFR Associated | Administrative Practice and Procedure; Labeling; Motor Vehicles and Reporting and Recordkeeping Requirements |
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