83_FR_53601 83 FR 53396 - Federal Motor Vehicle Theft Prevention Standard; Final Listing of 2017 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2017

83 FR 53396 - Federal Motor Vehicle Theft Prevention Standard; Final Listing of 2017 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2017

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 205 (October 23, 2018)

Page Range53396-53399
FR Document2018-23045

This final rule announces the annual update to the listings of light duty truck lines subject to the requirements and vehicle lines exempted from the requirements in the theft prevention standard. Specifically, this final rule announces that there were no new light- duty truck (LDT) lines added because none became subject to the theft prevention standard for MY 2017. This final rule also identifies those vehicle lines exempted from parts marking requirements and removes the names of vehicle lines whose production has been discontinued more than 5 years.

Federal Register, Volume 83 Issue 205 (Tuesday, October 23, 2018)
[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Rules and Regulations]
[Pages 53396-53399]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23045]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2016-0046]
RIN 2127-AL72


Federal Motor Vehicle Theft Prevention Standard; Final Listing of 
2017 Light Duty Truck Lines Subject to the Requirements of This 
Standard and Exempted Vehicle Lines for Model Year 2017

AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S. 
Department of Transportation.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule announces the annual update to the listings of 
light duty truck lines subject to the requirements and vehicle lines 
exempted from the requirements in the theft prevention standard. 
Specifically, this final rule announces that there were no new light-
duty truck (LDT) lines added because none became subject to the theft 
prevention standard for MY 2017. This final rule also identifies those 
vehicle lines exempted from parts marking requirements and removes the 
names of vehicle lines whose production has been discontinued more than 
5 years.

DATES: This final rule is effective October 23, 2018.

FOR FURTHER INFORMATION CONTACT: Hisham Mohamed, Consumer Standards 
Division, Office of International Policy, Fuel Economy and Consumer 
Programs, NHTSA, West Building, 1200 New Jersey Avenue SE, (NRM-310, 
Room W43-437) Washington, DC 20590. Mr. Mohamed's telephone number is 
202-366-0307. His 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.
    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 section 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

[[Page 53397]]

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 agency annually publishes the names of those LDT lines that 
have been determined to be high theft pursuant to 49 CFR part 541, 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 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 lists those vehicle lines that are or have been exempted from 
the theft prevention standard.
    For MY 2017, 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. However, appendix A to part 541 is amended to 
remove two vehicle lines that have been discontinued more than 5 years 
ago: The Chevrolet S-10 and the GMC Sonoma.
    For MY 2017, 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 BMW MINI Countryman 
(MPV), Chevrolet Bolt, Fiat 124 Spyder, Honda Pilot, Hyundai IONIQ, 
Jaguar XE, Jeep Compass, Lexus RX, Lincoln MKC, Maserati Levante (MPV) 
and the Tesla Model 3.
    The agency is removing the Lincoln Town Car, Mercury Mariner, 
Mercury Grand Marquis, Buick Lucerne, Pontiac G6, Saturn Aura, Mazda 
Tribute and Nissan Versa (2008-2011), vehicle lines from the appendix 
A-I listing because they have been discontinued more than 5 years ago. 
The agency is also removing the Cadillac Eldorado, Cadillac Concours, 
Oldsmobile Ninety-Eight, Pontiac Firebird, Chevrolet Camaro (1990-2002) 
and Oldsmobile Eighty-Eight vehicle lines from the appendix A-II 
listing because they have also been discontinued more than 5 years ago. 
The agency will continue to maintain a comprehensive database of all 
exemptions on our website. 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 good cause under 5 
U.S.C. 553(b)(3)(B) 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 good cause under 5 U.S.C. 
553(d)(3) that the amendment made by this document 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. 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 
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)

[[Page 53398]]

    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 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. Title 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 is revised to read as follows:

    Authority:  49 U.S.C. 33101, 33102, 33103, 33104, 33105 and 
33106; delegation of authority at 49 CFR 1.95.

Appendix A to Part 541--[Removed and Reserved]

0
2. Appendix A to part 541 is removed and reserved.

0
3. 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, MINI Countryman
                                           (MPV),\1\ X1 (MPV), X1 Car
                                           Line (2012-2015), 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,\1\
                                           Jeep Grand Cherokee, Jeep
                                           Patriot, Jeep Wrangler, Town
                                           and Country MPV.
FORD MOTOR CO...........................  C-Max, Edge, Escape, Explorer,
                                           Fiesta, Focus, Fusion,
                                           Lincoln MKC,\1\ Lincoln MKX,
                                           Mustang, Taurus.
GENERAL MOTORS..........................  Buick LaCrosse/Regal, Buick
                                           Verano, Cadillac ATS,
                                           Cadillac CTS, Cadillac DTS,
                                           Cadillac SRX, Cadillac XTS,
                                           Chevrolet Bolt,\1\ Chevrolet
                                           Camaro, Chevrolet Corvette,
                                           Chevrolet Cruze, Chevrolet
                                           Equinox, Chevrolet Impala/
                                           Monte Carlo, Chevrolet
                                           Malibu, Chevrolet Sonic,
                                           Chevrolet Spark, GMC Terrain.
HONDA...................................  Accord, Acura TL, Civic, CRV,
                                           Pilot.\1\
HYUNDAI.................................  Azera, Equus, Genesis,
                                           IONIQ.\1\
JAGUAR..................................  F-Type, XE,\1\ XF, XJ, XK,
                                           Land Rover Discovery Sport,
                                           Land Rover LR2, Land Rover
                                           Range Rover Evoque.
MASERATI................................  Ghibli, Levante (SUV),\1\
                                           Quattroporte.
MAZDA...................................  2, 3, 5, 6, CX-3, CX-5, CX-7,
                                           CX-9, Fiat 124 Spyder,\1\ 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, Endeavor, Galant,
                                           iMiEV, Lancer, Outlander,
                                           Outlander Sport, Mirage.
NISSAN..................................  Altima, Cube, Juke, Leaf,
                                           Maxima, Murano, NV200 Taxi,
                                           Pathfinder, Quest, Rogue,
                                           Sentra, Versa Hatchback,
                                           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 3,\1\ Model S, Model X.
TOYOTA..................................  Camry, Corolla, Highlander,
                                           Lexus ES, Lexus GS, Lexus LS,
                                           Lexus RX,\1\ Prius, RAV4,
                                           Sienna.
VOLKSWAGEN..............................  Audi A3, Audi A4, A4 Allroad
                                           MPV, Audi A6, Audi A8, Audi
                                           Q3, Audi Q5, Audi TT, Beetle,
                                           Eos, Golf/Rabbit/GTI/R32,
                                           Jetta, Beetle, Passat,
                                           Tiguan.
VOLVO...................................  S60.
------------------------------------------------------------------------
\1\ Granted an exemption from the parts marking requirements beginning
  with MY 2017.


[[Page 53399]]

Appendix A-II to Part 541--[Removed and Reserved]

0
4. Appendix A-II to part 541 is removed and reserved.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.95 and 501.5.
Heidi R. King,
Deputy Administrator.
[FR Doc. 2018-23045 Filed 10-22-18; 8:45 am]
BILLING CODE 4910-59-P



                                             53396            Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Rules and Regulations

                                                (1) Toll free numbers assigned via                     (c) Toll Free Numbers Assigned via                  this final rule announces that there were
                                             competitive bidding may remain in                       Competitive Bidding. The provisions of                no new light-duty truck (LDT) lines
                                             reserved status for a period of unlimited               this section shall not apply to toll free             added because none became subject to
                                             duration.                                               numbers assigned via competitive                      the theft prevention standard for MY
                                                (2) [Reserved]                                       bidding or to numbers transferred under               2017. This final rule also identifies
                                             *      *     *     *     *                              the exception to § 52.105 contained in                those vehicle lines exempted from parts
                                                (d) Disconnect Status. Toll free                     paragraph (f) of that section.                        marking requirements and removes the
                                             numbers must remain in disconnect or                    ■ 6. Amend § 52.109 by revising                       names of vehicle lines whose
                                             a combination of disconnect and                         paragraph (c) to read as follows:                     production has been discontinued more
                                             transitional status for up to 4 months.                                                                       than 5 years.
                                             No requests for extension of the 4-                     § 52.109 Permanent cap on number                      DATES: This final rule is effective
                                             month disconnect or transitional                        reservations.
                                                                                                                                                           October 23, 2018.
                                             interval will be granted. All toll free                 *     *     *     *    *                              FOR FURTHER INFORMATION CONTACT:
                                             numbers in disconnect status must go                      (c) The Wireline Competition Bureau                 Hisham Mohamed, Consumer Standards
                                             directly into the spare or unavailable                  shall modify the quantity of numbers a                Division, Office of International Policy,
                                             category upon expiration of the                         Responsible Organization may have in                  Fuel Economy and Consumer Programs,
                                             4-month disconnect interval. A                          reserve status or the percentage of                   NHTSA, West Building, 1200 New
                                             Responsible Organization may not                        numbers in the spare pool that a                      Jersey Avenue SE, (NRM–310, Room
                                             retrieve a toll free number from                        Responsible Organization may reserve                  W43–437) Washington, DC 20590. Mr.
                                             disconnect or transitional status and                   when exigent circumstances make such                  Mohamed’s telephone number is 202–
                                             return that number directly to working                  action necessary. The Wireline                        366–0307. His fax number is 202–493–
                                             status at the expiration of the 4-month                 Competition Bureau shall establish,                   2990.
                                             disconnect interval.                                    modify, and monitor toll free number
                                                                                                                                                           SUPPLEMENTARY INFORMATION: The theft
                                             *      *     *     *     *                              conservation plans when exigent
                                                                                                                                                           prevention standard (49 CFR part 541)
                                                (f) Unavailable Status. (1) Written                  circumstances necessitate such action.
                                                                                                                                                           applies to (1) all passenger car lines; (2)
                                             requests to make a specific toll free                   ■ 7. Revise § 52.111 to read as follows:              all multipurpose passenger vehicle
                                             number unavailable must be submitted
                                                                                                     § 52.111    Toll free number assignment.              (MPV) lines with a gross vehicle weight
                                             to the Toll Free Numbering
                                                                                                                                                           rating (GVWR) of 6,000 pounds or less;
                                             Administrator (TFNA) by the                               Toll free telephone numbers must be
                                                                                                                                                           (3) low-theft light-duty truck (LDT) lines
                                             Responsible Organization managing the                   made available to Responsible
                                                                                                                                                           with a GVWR of 6,000 pounds or less
                                             records of the toll free number. The                    Organizations and subscribers on an
                                                                                                                                                           that have major parts that are
                                             request shall include the appropriate                   equitable basis. The Commission will
                                                                                                                                                           interchangeable with a majority of the
                                             documentation of the reason for the                     assign toll free numbers by competitive
                                                                                                                                                           covered major parts of passenger car or
                                             request. The Toll Free Numbering                        bidding, on a first-come, first-served
                                                                                                                                                           MPV lines; and (4) high-theft LDT lines
                                             Administrator (TFNA) is the only entity                 basis, by an alternative assignment
                                                                                                                                                           with a GVWR of 6,000 pounds or less.
                                             that can assign this status to or remove                methodology, or by a combination of the                  The purpose of the theft prevention
                                             this status from a number. Responsible                  foregoing options.                                    standard is to reduce the incidence of
                                             Organizations that have a Toll Free                     [FR Doc. 2018–22674 Filed 10–22–18; 8:45 am]          motor vehicle theft by facilitating the
                                             Subscriber with special circumstances                   BILLING CODE 6712–01–P                                tracing and recovery of parts from stolen
                                             requiring that a toll free number be
                                                                                                                                                           vehicles. The standard seeks to facilitate
                                             designated for that particular subscriber
                                                                                                                                                           such tracing by requiring that vehicle
                                             far in advance of its actual usage may
                                                                                                     DEPARTMENT OF TRANSPORTATION                          identification numbers (VINs), VIN
                                             request that the Toll Free Numbering
                                                                                                                                                           derivative numbers, or other symbols be
                                             Administrator (TFNA) place such a                       National Highway Traffic Safety                       placed on major component vehicle
                                             number in unavailable status.                           Administration
                                                (2) Seasonal numbers shall be placed                                                                       parts. The theft prevention standard
                                             in unavailable status. The Responsible                                                                        requires motor vehicle manufacturers to
                                                                                                     49 CFR Part 541                                       inscribe or affix VINs onto covered
                                             Organization for a Toll Free Subscriber
                                             who does not have a year round need                     [Docket No. NHTSA–2016–0046]                          original equipment major component
                                             for a toll free number shall follow the                                                                       parts, and to inscribe or affix a symbol
                                                                                                     RIN 2127–AL72                                         identifying the manufacturer and a
                                             procedures outlined in § 52.103(f)(1) of
                                             these rules if it wants the Toll Free                   Federal Motor Vehicle Theft Prevention                common symbol identifying the
                                             Numbering Administrator (TFNA) to                       Standard; Final Listing of 2017 Light                 replacement component parts for those
                                             place a particular toll free number in                  Duty Truck Lines Subject to the                       original equipment parts, on all vehicle
                                             unavailable status.                                     Requirements of This Standard and                     lines subject to the requirements of the
                                             ■ 4. Amend § 52.105 by adding                           Exempted Vehicle Lines for Model Year                 standard.
                                                                                                                                                              Section 33104(d) provides that once a
                                             paragraph (f) to read as follows:                       2017
                                                                                                                                                           line has become subject to the theft
                                             § 52.105   Warehousing.                                 AGENCY:  National Highway Traffic                     prevention standard, the line remains
                                             *      *    *     *     *                               Safety Administration (NHTSA), U.S.                   subject to the requirements of the
                                                (f) The provisions of this section shall             Department of Transportation.                         standard unless it is exempted under
                                             not apply to toll free numbers assigned                 ACTION: Final rule.                                   section 33106. Section 33106 provides
khammond on DSK30JT082PROD with RULES




                                             via competitive bidding or to numbers                                                                         that a manufacturer may petition
                                             transferred under this exception.                       SUMMARY:   This final rule announces the              annually to have one vehicle line
                                             ■ 5. Amend § 52.107 by adding                           annual update to the listings of light                exempted from the requirements of
                                             paragraph (c) to read as follows:                       duty truck lines subject to the                       section 33104, if the line is equipped
                                                                                                     requirements and vehicle lines                        with an antitheft device meeting certain
                                             § 52.107   Hoarding.                                    exempted from the requirements in the                 conditions as standard equipment. The
                                             *      *     *       *      *                           theft prevention standard. Specifically,              exemption is granted if NHTSA


                                        VerDate Sep<11>2014   15:56 Oct 22, 2018   Jkt 247001   PO 00000   Frm 00032   Fmt 4700   Sfmt 4700   E:\FR\FM\23OCR1.SGM   23OCR1


                                                              Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Rules and Regulations                                        53397

                                             determines that the antitheft device is                 accordance with the procedures of 49                  comment or otherwise promulgates a
                                             likely to be as effective as compliance                 CFR part 543 and 49 U.S.C. 33106.                     new regulation, it shall identify at least
                                             with the theft prevention standard in                   Therefore, NHTSA finds good cause                     two existing regulations to be repealed.
                                             reducing and deterring motor vehicle                    under 5 U.S.C. 553(b)(3)(B) that notice               In addition, any new incremental costs
                                             thefts.                                                 and opportunity for comment on these                  associated with new regulations shall, to
                                                The agency annually publishes the                    listings are unnecessary. Further, public             the extent permitted by law, be offset by
                                             names of those LDT lines that have been                 comment on the listing of selections and              the elimination of existing costs. Only
                                             determined to be high theft pursuant to                 exemptions is not contemplated by 49                  those rules deemed significant under
                                             49 CFR part 541, LDT lines that have                    U.S.C. chapter 331. For the same                      section 3(f) of Executive Order 12866,
                                             been determined to have major parts                     reasons, since this revised listing only              ‘‘Regulatory Planning and Review,’’ are
                                             that are interchangeable with a majority                informs the public of previous agency                 subject to these requirements. As
                                             of the covered major parts of passenger                 actions and does not impose additional                discussed above, this rule is not a
                                             car or MPV lines, and vehicle lines that                obligations on any party, NHTSA finds                 significant rule under Executive Order
                                             are exempted from the theft prevention                  good cause under 5 U.S.C. 553(d)(3) that              12866 and, accordingly, is not subject to
                                             standard under section 33104.                           the amendment made by this document                   the offset requirements of Executive
                                             Appendix A to part 541 identifies those                 should be effective as soon as it is                  Order 13771.
                                             LDT lines that are or will be subject to                published in the Federal Register.                       C. National Environmental Policy Act
                                             the theft prevention standard beginning                                                                          NHTSA has analyzed this final rule
                                             in a given model year. Appendix A–I to                  Regulatory Impacts
                                                                                                                                                           for the purposes of the National
                                             part 541 lists those vehicle lines that are                A. Executive Order 12866, Executive                Environmental Policy Act. The agency
                                             or have been exempted from the theft                    Order 13563 and the Department of                     has determined that implementation of
                                             prevention standard.                                    Transportation’s regulatory policies                  this action will not have any significant
                                                For MY 2017, there are no new LDT                    provide for making determinations on                  impact on the quality of the human
                                             lines that will be subject to the theft                 whether a regulatory action is                        environment as it merely informs the
                                             prevention standard in accordance with                  ‘‘significant’’ and therefore subject to              public about previous agency actions.
                                             the procedures published in 49 CFR part                 Office of Management and Budget                       Accordingly, no environmental
                                             542. However, appendix A to part 541                    (OMB) review and to the requirements                  assessment is required.
                                             is amended to remove two vehicle lines                  of the Executive Orders. The Order                       D. Executive Order 13132
                                             that have been discontinued more than                   defines a ‘‘significant regulatory action’’           (Federalism)
                                             5 years ago: The Chevrolet S–10 and the                 as one that is likely to result in a rule                The agency has analyzed this
                                             GMC Sonoma.                                             that may:
                                                For MY 2017, appendix A–1 identifies                                                                       rulemaking in accordance with the
                                                                                                        (1) Have an annual effect on the                   principles and criteria contained in
                                             those vehicle lines that have been                      economy of $100 million or more or
                                             exempted by the agency from the parts-                                                                        Executive Order 13132 and has
                                                                                                     adversely affect in a material way the                determined that it does not have
                                             marking requirements of part 541 and is                 economy, a sector of the economy,
                                             amended to include eleven vehicle lines                                                                       sufficient Federal implications to
                                                                                                     productivity, competition, jobs, the                  warrant consultation with State and
                                             newly exempted in full. The eleven                      environment, public health or safety, or
                                             exempted vehicle lines are the BMW                                                                            local officials or the preparation of a
                                                                                                     State, local, or Tribal governments or                federalism summary impact statement.
                                             MINI Countryman (MPV), Chevrolet                        communities;
                                             Bolt, Fiat 124 Spyder, Honda Pilot,                                                                           As discussed above, this final rule only
                                                                                                        (2) Create a serious inconsistency or
                                             Hyundai IONIQ, Jaguar XE, Jeep                                                                                provides better information to the
                                                                                                     otherwise interfere with an action taken
                                             Compass, Lexus RX, Lincoln MKC,                                                                               public about previous agency actions.
                                                                                                     or planned by another agency;
                                             Maserati Levante (MPV) and the Tesla                       (3) Materially alter the budgetary                    E. Unfunded Mandates Act
                                             Model 3.                                                impact of entitlements, grants, user fees,               The Unfunded Mandates Reform Act
                                                The agency is removing the Lincoln                   or loan programs or the rights and                    of 1995 requires agencies to prepare a
                                             Town Car, Mercury Mariner, Mercury                      obligations of recipients thereof; or                 written assessment of the costs, benefits
                                             Grand Marquis, Buick Lucerne, Pontiac                      (4) Raise novel legal or policy issues             and other effects of proposed or final
                                             G6, Saturn Aura, Mazda Tribute and                      arising out of legal mandates, the                    rules that include a Federal mandate
                                             Nissan Versa (2008–2011), vehicle lines                 President’s priorities, or the principles             likely to result in the expenditure by
                                             from the appendix A–I listing because                   set forth in the Executive Order.                     State, local or tribal governments, in the
                                             they have been discontinued more than                      This final rule was not reviewed                   aggregate, or by the private sector, of
                                             5 years ago. The agency is also removing                under Executive Order 12866. It is not                more than $100 million annually
                                             the Cadillac Eldorado, Cadillac                         significant within the meaning of the                 ($120.7 million as adjusted annually for
                                             Concours, Oldsmobile Ninety-Eight,                      DOT Regulatory Policies and                           inflation with base year of 1995). The
                                             Pontiac Firebird, Chevrolet Camaro                      Procedures. It will not impose any new                assessment may be combined with other
                                             (1990–2002) and Oldsmobile Eighty-                      burdens on vehicle manufacturers. This                assessments, as it is here.
                                             Eight vehicle lines from the appendix                   document informs the public of                           This final rule will not result in
                                             A–II listing because they have also been                previously granted exemptions. Since                  expenditures by State, local or tribal
                                             discontinued more than 5 years ago. The                 the only purpose of this final rule is to             governments or automobile
                                             agency will continue to maintain a                      inform the public of previous actions                 manufacturers and/or their suppliers of
                                             comprehensive database of all                           taken by the agency no new costs or                   more than $120.7 million annually. This
                                             exemptions on our website. However,                     burdens will result.                                  document informs the public of
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                                             we believe that re-publishing a list                       B. Executive Order 13771                           previously granted exemptions. Since
                                             containing vehicle lines that have not                     Executive Order 13771 titled                       the only purpose of this final rule is to
                                             been in production for a considerable                   ‘‘Reducing Regulation and Controlling                 inform the public of previous actions
                                             period of time is unnecessary.                          Regulatory Costs,’’ directs that, unless              taken by the agency, no new costs or
                                                The vehicle lines listed as being                    prohibited by law, whenever an                        burdens will result.
                                             exempt from the standard have                           executive department or agency                           F. Executive Order 12988 (Civil
                                             previously been exempted in                             publicly proposes for notice and                      Justice Reform)


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                                             53398                Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Rules and Regulations

                                                Pursuant to Executive Order 12988,                             G. Paperwork Reduction Act                       PART 541—[AMENDED]
                                             ‘‘Civil Justice Reform,’’ 1 the agency has                    The Department of Transportation has
                                             considered whether this final rule has                                                                             ■  1. The authority citation for part 541
                                                                                                         not submitted an information collection
                                             any retroactive effect. We conclude that                                                                           is revised to read as follows:
                                                                                                         request to OMB for review and
                                             it would not have such an effect as it                                                                               Authority: 49 U.S.C. 33101, 33102, 33103,
                                                                                                         clearance under the Paperwork
                                             only informs the public of previous                                                                                33104, 33105 and 33106; delegation of
                                                                                                         Reduction Act of 1995 (Pub. L. 104–13,
                                             agency actions. In accordance with                                                                                 authority at 49 CFR 1.95.
                                                                                                         44 U.S.C. chapter 35). This rule does not
                                             section 33118 when the Theft
                                             Prevention Standard is in effect, a State                   impose any new information collection                  Appendix A to Part 541—[Removed
                                             or political subdivision of a State may                     requirements on manufacturers.                         and Reserved]
                                             not have a different motor vehicle theft                    List of Subjects in 49 CFR Part 541                    ■ 2. Appendix A to part 541 is removed
                                             prevention standard for a motor vehicle                                                                            and reserved.
                                             or major replacement part. Title 49                           Administrative practice and
                                                                                                                                                                ■ 3. Appendix A–I to part 541 is revised
                                             U.S.C. 33117 provides that judicial                         procedure, Labeling, Motor vehicles,
                                                                                                                                                                to read as follows:
                                             review of this rule may be obtained                         Reporting and recordkeeping
                                             pursuant to 49 U.S.C. 32909. Section                        requirements.                                          Appendix A–I to Part 541—Lines With
                                             32909 does not require submission of a                                                                             Antitheft Devices Which Are Exempted
                                             petition for reconsideration or other                         In consideration of the foregoing, 49                From the Parts-Marking Requirements
                                             administrative proceedings before                           CFR part 541 is amended as follows:                    of This Standard Pursuant to 49 CFR
                                             parties may file suit in court.                                                                                    Part 543

                                                     Manufacturer                                                                            Subject lines

                                             BMW ..............................    MINI, MINI Countryman (MPV),1 X1 (MPV), X1 Car Line (2012–2015), 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 Com-
                                                                                     pass,1 Jeep Grand Cherokee, Jeep Patriot, Jeep Wrangler, Town and Country MPV.
                                             FORD MOTOR CO ........                C-Max, Edge, Escape, Explorer, Fiesta, Focus, Fusion, Lincoln MKC,1 Lincoln MKX, Mustang, Taurus.
                                             GENERAL MOTORS .....                  Buick LaCrosse/Regal, Buick Verano, Cadillac ATS, Cadillac CTS, Cadillac DTS, Cadillac SRX, Cadillac XTS, Chev-
                                                                                     rolet Bolt,1 Chevrolet Camaro, Chevrolet Corvette, Chevrolet Cruze, Chevrolet Equinox, Chevrolet Impala/Monte
                                                                                     Carlo, Chevrolet Malibu, Chevrolet Sonic, Chevrolet Spark, GMC Terrain.
                                             HONDA ..........................      Accord, Acura TL, Civic, CRV, Pilot.1
                                             HYUNDAI .......................       Azera, Equus, Genesis, IONIQ.1
                                             JAGUAR .........................      F-Type, XE,1 XF, XJ, XK, Land Rover Discovery Sport, Land Rover LR2, Land Rover Range Rover Evoque.
                                             MASERATI .....................        Ghibli, Levante (SUV),1 Quattroporte.
                                             MAZDA ...........................     2, 3, 5, 6, CX–3, CX–5, CX–7, CX–9, Fiat 124 Spyder,1 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, Endeavor, Galant, iMiEV, Lancer, Outlander, Outlander Sport, Mirage.
                                             NISSAN ..........................     Altima, Cube, Juke, Leaf, Maxima, Murano, NV200 Taxi, Pathfinder, Quest, Rogue, Sentra, Versa Hatchback, 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 3,1 Model S, Model X.
                                             TOYOTA ........................       Camry, Corolla, Highlander, Lexus ES, Lexus GS, Lexus LS, Lexus RX,1 Prius, RAV4, Sienna.
                                             VOLKSWAGEN ..............             Audi A3, Audi A4, A4 Allroad MPV, Audi A6, Audi A8, Audi Q3, Audi Q5, Audi TT, Beetle, Eos, Golf/Rabbit/GTI/R32,
                                                                                     Jetta, Beetle, Passat, Tiguan.
                                             VOLVO ...........................     S60.
                                                1 Granted    an exemption from the parts marking requirements beginning with MY 2017.
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                                               1 See   61 FR 4729, February 7, 1996.



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                                                              Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Rules and Regulations                                         53399

                                             Appendix A–II to Part 541—[Removed                      1993 (58 FR 65936), provided a                        accountability measure, NMFS will
                                             and Reserved]                                           mechanism for transferring summer                     monitor, attribute, and restrict (if
                                                                                                     flounder commercial quota from one                    necessary), catches of longline-caught
                                             ■ 4. Appendix A–II to part 541 is                       state to another. Two or more states,                 bigeye tuna, including catches made
                                             removed and reserved.                                   under mutual agreement and with the                   under a specified fishing agreement.
                                               Issued in Washington, DC, under authority             concurrence of the NMFS Greater                       These catch limits and accountability
                                             delegated in 49 CFR 1.95 and 501.5.                     Atlantic Regional Administrator, can                  measures support the long-term
                                             Heidi R. King,                                          transfer or combine summer flounder                   sustainability of fishery resources of the
                                             Deputy Administrator.                                   commercial quota under § 648.102(c)(2).               U.S. Pacific Islands.
                                             [FR Doc. 2018–23045 Filed 10–22–18; 8:45 am]            The Regional Administrator is required                DATES: The final specifications are
                                             BILLING CODE 4910–59–P                                  to consider the criteria in                           effective October 22, 2018, through
                                                                                                     § 648.102(c)(2)(i)(A) through (C) in the              December 31, 2018. The deadline to
                                                                                                     evaluation of requests for quota transfers            submit a specified fishing agreement
                                             DEPARTMENT OF COMMERCE                                  or combinations.                                      pursuant to 50 CFR 665.819(b)(3) for
                                                                                                        Maine is transferring 2,500 lb (1,134              review is November 21, 2018.
                                             National Oceanic and Atmospheric                        kg) of summer flounder commercial
                                                                                                     quota to Connecticut through mutual                   ADDRESSES: Copies of the Fishery
                                             Administration                                                                                                Ecosystem Plan for Pelagic Fisheries of
                                                                                                     agreement of the states. Based on the
                                                                                                     initial quotas published in the 2018                  the Western Pacific (Pelagic FEP) are
                                             50 CFR Part 648                                                                                               available from the Western Pacific
                                                                                                     Summer Flounder, Scup, and Black Sea
                                             [Docket No. 170828822–70999–03]                         Bass Specifications and subsequent                    Fishery Management Council (Council),
                                                                                                     adjustments, the revised summer                       1164 Bishop St., Suite 1400, Honolulu,
                                             RIN 0648–XG552                                                                                                HI 96813, tel 808–522–8220, fax 808–
                                                                                                     flounder quotas for calendar year 2018
                                                                                                     are now: Maine, 561 lb (254 kg); and                  522–8226, or www.wpcouncil.org.
                                             Fisheries of the Northeastern United
                                             States; Summer Flounder Fishery;                        Connecticut, 147,768 lb (67,026 kg).                     NMFS prepared environmental
                                             Quota Transfer                                                                                                analyses that describe the potential
                                                                                                     Classification                                        impacts on the human environment that
                                             AGENCY:  National Marine Fisheries                        This action is taken under 50 CFR                   would result from the action. Copies of
                                             Service (NMFS), National Oceanic and                    part 648 and is exempt from review                    those analyses, which include a 2018
                                             Atmospheric Administration (NOAA),                      under Executive Order 12866.                          environmental assessment (EA) and a
                                             Commerce.                                                 Authority: 16 U.S.C. 1801 et seq.                   finding of no significant impact
                                             ACTION: Temporary rule; quota transfer.                                                                       (FONSI), are available from
                                                                                                       Dated: October 18, 2018.                            www.regulations.gov/
                                             SUMMARY:   NMFS announces that the                      Karen H. Abrams,                                      #!docketDetail;D=NOAA-NMFS-2018-
                                             State of Maine is transferring a portion                Acting Director, Office of Sustainable                0026, or from Michael D. Tosatto,
                                             of its 2018 commercial summer flounder                  Fisheries, National Marine Fisheries Service.         Regional Administrator, NMFS Pacific
                                             quota to the State of Connecticut. This                 [FR Doc. 2018–23137 Filed 10–22–18; 8:45 am]          Islands Region (PIR), 1845 Wasp Blvd.,
                                             quota adjustment is necessary to comply                 BILLING CODE 3510–22–P                                Bldg. 176, Honolulu, HI 96818.
                                             with the Summer Flounder, Scup, and                                                                           FOR FURTHER INFORMATION CONTACT:
                                             Black Sea Bass Fishery Management                                                                             Rebecca Walker, NMFS PIRO
                                             Plan quota transfer provisions. This                    DEPARTMENT OF COMMERCE
                                                                                                                                                           Sustainable Fisheries, 808–725–5184.
                                             announcement informs the public of the
                                                                                                     National Oceanic and Atmospheric                      SUPPLEMENTARY INFORMATION: NMFS is
                                             revised commercial quotas for Maine
                                             and Connecticut.                                        Administration                                        specifying a catch limit of 2,000 t of
                                                                                                                                                           longline-caught bigeye tuna for each
                                             DATES: Effective October 22, 2018,
                                                                                                     50 CFR Part 665                                       U.S. territory in 2018. NMFS is also
                                             through December 31, 2018.                                                                                    authorizing each territory to allocate up
                                             FOR FURTHER INFORMATION CONTACT:                        [Docket No. 180208146–8946–01]
                                                                                                                                                           to 1,000 t of its 2,000 t bigeye tuna limit
                                             Cynthia Ferrio, Fishery Management                      RIN 0648–XG025                                        to U.S. longline fishing vessels
                                             Specialist, (978) 281–9180.                                                                                   permitted to fish under the Pelagic FEP.
                                             SUPPLEMENTARY INFORMATION:                              Pacific Island Pelagic Fisheries; 2018                NMFS will monitor catches of longline-
                                             Regulations governing the summer                        U.S. Territorial Longline Bigeye Tuna                 caught bigeye tuna by the longline
                                             flounder fishery are found in 50 CFR                    Catch Limits                                          fisheries of each territory, including
                                             648.100 through 648.110. These                          AGENCY:  National Marine Fisheries                    catches made by U.S. longline vessels
                                             regulations require annual specification                Service (NMFS), National Oceanic and                  operating under specified fishing
                                             of a commercial quota that is                           Atmospheric Administration (NOAA),                    agreements. The criteria that a specified
                                             apportioned among the coastal states                    Commerce.                                             fishing agreement must meet, and the
                                             from Maine through North Carolina. The                  ACTION: Final specifications.                         process for attributing longline-caught
                                             process to set the annual commercial                                                                          bigeye tuna, will follow the procedures
                                             quota and the percent allocated to each                 SUMMARY:    In this final rule, NMFS                  in 50 CFR 665.819. When NMFS
                                             state is described in § 648.102, and the                specifies a 2018 limit of 2,000 metric                projects that a territorial catch or
                                             initial 2018 allocations were published                 tons (t) of longline-caught bigeye tuna               allocation limit will be reached, NMFS
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                                             on December 22, 2017 (82 FR 60682),                     for each U.S. Pacific territory (American             will, as an accountability measure,
                                             and corrected January 30, 2018 (83 FR                   Samoa, Guam, and the Commonwealth                     prohibit the catch and retention of
                                             4165).                                                  of the Northern Mariana Islands                       longline-caught bigeye tuna by vessels
                                                The final rule implementing                          (CNMI)). NMFS will allow each territory               in the applicable territory (territorial
                                             Amendment 5 to the Summer Flounder                      to allocate up to 1,000 t each year to                catch limit), and/or vessels in a
                                             Fishery Management Plan, as published                   U.S. longline fishing vessels in a valid              specified fishing agreement (allocation
                                             in the Federal Register on December 17,                 specified fishing agreement. As an                    limit).


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Document Created: 2018-10-23 04:14:52
Document Modified: 2018-10-23 04:14:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective October 23, 2018.
ContactHisham Mohamed, Consumer Standards Division, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, West Building, 1200 New Jersey Avenue SE, (NRM-310, Room W43-437) Washington, DC 20590. Mr. Mohamed's telephone number is 202-366-0307. His fax number is 202-493-2990.
FR Citation83 FR 53396 
RIN Number2127-AL72
CFR AssociatedAdministrative Practice and Procedure; Labeling; Motor Vehicles and Reporting and Recordkeeping Requirements

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