49 U.S.C. § 33105 — Cost limitations

Page 987 TITLE 49—TRANSPORTATION § 33105 of theft rates determined under paragraph (2), the median theft rate is the arithmetic average of the 2 adjoining theft rates midway between the highest and the lowest of those theft rates. (4) In consultation with the Director of the Federal Bureau of Investigation, the Secretary periodically shall obtain from the most reliable source accurate and timely theft and recovery information and publish the information for re- view and comment. To the greatest extent pos- sible, the Secretary shall use theft information reported by United States Government, State, and local police. After publication and oppor- tunity for comment, the Secretary shall use the theft information to determine the median theft rate under this subsection. The Secretary and the Director shall take any necessary actions to improve the accuracy, reliability, and timeli- ness of the information, including ensuring that vehicles represented as stolen are really stolen. (5) The Secretary periodically (but not more often than once every 2 years) may redetermine and prescribe by regulation the median theft rate under this subsection. (c) PROVIDING INFORMATION.—The Secretary by regulation shall require each manufacturer to provide information necessary to select under subsection (a)(3) of this section the high theft lines and the major parts to be subject to the standard. (d) APPLICATION.—Except as provided in sec- tion 33106 of this title, the Secretary may not make the standard inapplicable to a line that has been subject to the standard. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1079.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33104(a) ...... 15:2023(a)(1)–(4). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 603(a)(1)–(4), (b)–(d); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2757; Oct. 25, 1992, Pub. L. 102–519, § 303(1)–(3), (5), 106 Stat. 3396. 15:2023(a)(5). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §§ 602(g), 603(a)(5); added Oct. 25, 1992, Pub. L. 102–519, §§ 302(2), 303(4), 106 Stat. 3395, 3396. 33104(b) ...... 15:2022(g). 15:2023(b). 33104(c) ...... 15:2023(c). 33104(d) ...... 15:2023(d). In subsection (a)(1)(A), the words ‘‘the 2-year period covering calendar years 1990 and 1991’’ are substituted for ‘‘the 2 calendar years immediately preceding the year in which the Anti Car Theft Act of 1992 is enacted’’ because that Act was enacted on October 25, 1992. The substitution also makes it clear that the 2-year period is to be treated as a single period. In subsection (a)(1)(B), the words ‘‘after December 31, 1989,’’ are substituted for ‘‘after the beginning of the 2- year period specified in subparagraph (A)’’ for consist- ency with clause (A). In subsection (a)(6), the word ‘‘passenger’’ is added because the source provisions in the revised chapter apply to passenger motor vehicles. In subsection (b)(2)(B), the words ‘‘Administrator of the’’ are added for clarity and consistency because of section 1(b) of Reorganization Plan No. 3 of 1970 (eff. Dec. 2, 1970, 84 Stat. 2086). The words ‘‘model years 1983 and 1984’’ are substituted for ‘‘the 2 model years having the same model-year designations as the 2 calendar years specified in subsection (a)(1)(A) of this section’’ because the particular years are now known. In subsection (b)(4), the words ‘‘Immediately upon en- actment of this subchapter’’ are omitted as executed. The words ‘‘or sources’’ are omitted because of 1:1. Editorial Notes REFERENCES IN TEXT Sections 602 and 603 of the Motor Vehicle Information and Cost Savings Act, referred to in subsec. (a)(6), are sections 602 and 603 of Pub. L. 92–513, which were classi- fied to sections 2022 and 2023, respectively, of Title 15, Commerce and Trade, and were repealed and reenacted as sections 33102 to 33104 of this title by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 1077, 1379. § 33105. Cost limitations (a) MAXIMUM MANUFACTURER COSTS.—A stand- ard under section 33102 or 33103 of this title may not impose— (1) on a manufacturer of motor vehicles, compliance costs of more than $15 a motor ve- hicle; or (2) on a manufacturer of major replacement parts, compliance costs for each part of more than the reasonable amount (but less than $15) that the Secretary of Transportation specifies in the standard. (b) COSTS INVOLVED IN ENGINES AND TRANS- MISSIONS.—For a manufacturer engaged in iden- tifying engines or transmissions on October 25, 1984, in a way that substantially complies with the standard— (1) the costs of identifying engines and transmissions may not be considered in calcu- lating the manufacturer’s costs under sub- section (a) of this section; and (2) the manufacturer may not be required under the standard to conform to any identi- fication system for engines and transmissions that imposes greater costs on the manufac- turer than are incurred under the identifica- tion system used by the manufacturer on Oc- tober 25, 1984. (c) COST ADJUSTMENTS.—(1) In this sub- section— (A) ‘‘base period’’ means calendar year 1984. (B) ‘‘price index’’ means the average over a calendar year of the Consumer Price Index (all items—United States city average) published monthly by the Secretary of Labor. (2) At the beginning of each calendar year, as necessary data become available from the Bu- reau of Labor Statistics, the Secretary of Labor shall certify to the Secretary of Transportation and publish in the Federal Register the percent- age difference between the price index for the 12 months before the beginning of the calendar year and the price index for the base period. For model years beginning in that calendar year, the amounts specified in subsection (a) of this sec- tion shall be adjusted by the percentage dif- ference. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1081.) Page 988 TITLE 49—TRANSPORTATION § 33106 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33105 .......... 15:2024. Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 604; added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2758. In subsection (a)(1) and (2), the words ‘‘compliance costs’’ are substituted for ‘‘costs . . . to comply with such standard’’ to eliminate unnecessary words. In clause (2), the words ‘‘reasonable amount (but less than $15)’’ are substituted for ‘‘reasonable lesser amount’’ for clarity. In subsection (c)(2), the words ‘‘commencing on or after January 1, 1985’’ are omitted as obsolete. § 33106. Exemption for passenger motor vehicles equipped with anti-theft devices (a) DEFINITIONS.—In this section— (1) ‘‘anti-theft device’’ means a device to re- duce or deter theft that— (A) is in addition to the theft-deterrent de- vices required by motor vehicle safety stand- ard numbered 114 in section 571.114 of title 49, Code of Federal Regulations; (B) the manufacturer believes will be effec- tive in reducing or deterring theft of motor vehicles; and (C) does not use a signaling device reserved by State law for use on police, emergency, or official vehicles, or on schoolbuses. (2) ‘‘standard equipment’’ means equipment already installed in a motor vehicle when it is delivered from the manufacturer and not an accessory or other item that the first pur- chaser customarily has the option to have in- stalled. (b) GRANTING EXEMPTIONS AND LIMITATIONS.— (1) A manufacturer may petition the Secretary of Transportation for an exemption from a re- quirement of a standard prescribed under sec- tion 33102 or 33103 of this title for a line of pas- senger motor vehicles equipped as standard equipment with an anti-theft device that the Secretary decides is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the standard. (2) The Secretary may grant an exemption— (A) for model year 1987, for not more than 2 lines of a manufacturer; (B) for each of the model years 1988–1996, for not more than 2 additional lines of a manufac- turer; (C) for each of the model years 1997–2000, for not more than one additional line of a manu- facturer; and (D) for each of the model years after model year 2000, for the number of lines that the At- torney General decides under section 33103(d)(3) of this title. (3) An additional exemption granted under paragraph (2)(B) or (C) of this subsection does not affect an exemption previously granted. (c) PETITIONING PROCEDURE.—A petition must be filed not later than 8 months before the start of production for the first model year covered by the petition. The petition must include— (1) a detailed description of the device; (2) the reasons for the manufacturer’s con- clusion that the device will be effective in re- ducing and deterring theft of motor vehicles; and (3) additional information the Secretary rea- sonably may require to make the decision de- scribed in subsection (b)(1) of this section. (d) DECISIONS AND APPROVALS.—The Secretary shall make a decision about a petition filed under this section not later than 120 days after the date the petition is filed. A decision approv- ing a petition must be based on substantial evi- dence. The Secretary may approve a petition in whole or in part. If the Secretary does not make a decision within the 120-day period, the petition shall be deemed to be approved and the manu- facturer shall be exempt from the standard for the line covered by the petition for the subse- quent model year. (e) RESCISSIONS.—The Secretary may rescind an exemption if the Secretary decides that the anti-theft device has not been as effective in re- ducing and deterring motor vehicle theft as compliance with the standard. A rescission may be effective only— (1) for a model year after the model year in which the rescission occurs; and (2) at least 6 months after the manufacturer receives written notice of the rescission from the Secretary. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1082; Pub. L. 103–429, § 6(45), Oct. 31, 1994, 108 Stat. 4383.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 33106(a)(1) .. 15:2025(e). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 605(a)(1), (3), (b)–(e); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2759. 33106(a)(2) .. 15:2025(a)(3). 33106(b) ...... 15:2025(a)(1), (2). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 605(a)(2); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2759; Oct. 25, 1992, Pub. L. 102–519, § 304, 106 Stat. 3396. 33106(c) ...... 15:2025(b). 33106(d) ...... 15:2025(c). 33106(e) ...... 15:2025(d). In subsection (b)(1), the words ‘‘the application of any of’’ are omitted as surplus. The words ‘‘or lines’’ are omitted because of 1:1. In subsection (b)(2)(A), the words ‘‘for model year 1987’’ are substituted for ‘‘For the initial model year to which such standard applies’’ for clarity. See 50 Fed. Reg. 43166 (1985). In clause (D), the words ‘‘that the At- torney General decides’’ are substituted for ‘‘for which the Secretary may grant such an exemption (if any) shall be determined’’ for clarity and because of the re- statement. In subsection (d), the words ‘‘for the line covered by the petition’’ are added for clarity. Subsection (e) is substituted for 15:2025(d) for clarity and to eliminate unnecessary words. PUB. L. 103–429 This amends 49:33106(b)(3) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1082).