49 U.S.C. § 33104 — Designation of high theft vehicle lines

Page 986 TITLE 49—TRANSPORTATION § 33104 subsection . . . developed by the Attorney General under subsection (c) of this section’’ are substituted for ‘‘shall be a part of the Secretary’s rulemaking record’’ for clarity. In subsection (c), the words ‘‘Before the Secretary be- gins a regulatory proceeding under subsection (b) of this section’’ are substituted for ‘‘prior to the Sec- retary’s initiation and promulgation of a rule’’ for clar- ity. The words ‘‘applying the standard prescribed in subsection (a) to the remaining lines of passenger motor vehicles (except light duty trucks) not covered by that standard’’ are substituted for ‘‘requiring such additional parts marking for all of the applicable pas- senger motor vehicles’’ for clarity and because of the restatement. In subsection (d)(1)(A), the words ‘‘whether the appli- cation of the standard under subsection (a) or (b) of this subsection, or both’’ are substituted for ‘‘whether one or both rules promulgated under this subsection’’ for clarity. In subsection (d)(2)(A)(iii), the words ‘‘civil . . . pen- alties under section 33115(b) of this title’’ are sub- stituted for ‘‘civil . . . penalties under section 2027(b) of this title’’ to correct an erroneous cross-reference. In subsection (d)(3), the words ‘‘for the model years after model year 2000’’ are substituted for ‘‘Nothing in this paragraph affects exemptions granted in model year 2000 or earlier to any manufacturer’’ to eliminate unnecessary words. The words ‘‘at one of the following levels that the Attorney General decides’’ are sub- stituted for ‘‘as determined by the Attorney General’’ for clarity. In subsection (e), the text of 15:2022(c)(4) (related to the standard under 15:2022(c)(1)) is omitted as obsolete because the standard under 15:2022(c)(1) has already been prescribed. See 49 C.F.R. 541. Editorial Notes REFERENCES IN TEXT Section 33112 of this title, referred to in subsecs. (c) and (d)(2)(A)(ii), was repealed by Pub. L. 112–141, div. C, title I, § 31313(2), July 6, 2012, 126 Stat. 772. § 33104. Designation of high theft vehicle lines and parts (a) DESIGNATION, NONAPPLICATION, SELECTION, AND PROCEDURES.—(1) For purposes of the stand- ard under section 33102 of this title, the fol- lowing are high theft lines: (A) a passenger motor vehicle line deter- mined under subsection (b) of this section to have had a new passenger motor vehicle theft rate in the 2-year period covering calendar years 1990 and 1991 greater than the median theft rate for all new passenger motor vehicle thefts in that 2-year period. (B) a passenger motor vehicle line initially introduced into commerce in the United States after December 31, 1989, that is selected under paragraph (3) of this subsection as like- ly to have a theft rate greater than the me- dian theft rate referred to in clause (A) of this paragraph. (C) subject to paragraph (2) of this sub- section, a passenger motor vehicle line having (for existing lines) or likely to have (for new lines) a theft rate below the median theft rate referred to in clause (A) of this paragraph, if the major parts in the vehicles are selected under paragraph (3) of this subsection as inter- changeable with the majority of the major parts that are subject to the standard and are contained in the motor vehicles of a line de- scribed in clause (A) or (B) of this paragraph. (2) The standard may not apply to any major part of a line described in paragraph (1)(C) of this subsection if all the passenger motor vehi- cles of lines that are, or are likely to be, below the median theft rate, and that contain parts interchangeable with the major parts of the line involved, account (for existing lines), or the Sec- retary of Transportation determines they are likely to account (for new lines), for more than 90 percent of the total annual production of all lines of that manufacturer containing those interchangeable parts. (3) The lines, and the major parts of the pas- senger motor vehicles in those lines, that are to be subject to the standard may be selected by agreement between the manufacturer and the Secretary. If the manufacturer and the Sec- retary disagree on the selection, the Secretary shall select the lines and parts, after notice to the manufacturer and opportunity for written comment, and subject to the confidentiality re- quirements of this chapter. (4) To the maximum extent practicable, the Secretary shall prescribe reasonable procedures designed to ensure that a selection under para- graph (3) of this subsection is made at least 6 months before the first applicable model year beginning after the selection. (5) A manufacturer may not be required to comply with the standard under a selection under paragraph (3) of this subsection for a model year beginning earlier than 6 months after the date of the selection. (6) A passenger motor vehicle line subject on October 25, 1992, to parts marking requirements under sections 602 and 603 of the Motor Vehicle Information and Cost Savings Act (Public Law 92–513, 86 Stat. 947), as added by section 101(a) of the Motor Vehicle Theft Law Enforcement Act of 1984 (Public Law 98–547, 98 Stat. 2756), con- tinues to be subject to the requirements of this section and section 33102 of this title unless the line is exempted under section 33106 of this title. (b) DETERMINING THEFT RATE FOR PASSENGER VEHICLES.—(1) In this subsection, ‘‘new pas- senger motor vehicle thefts’’, when used in ref- erence to a calendar year, means thefts in the United States in that year of passenger motor vehicles with the same model-year designation as that calendar year. (2) Under subsection (a) of this section, the theft rate for passenger motor vehicles of a line shall be determined by a fraction— (A) the numerator of which is the number of new passenger motor vehicle thefts for that line during the 2-year period referred to in subsection (a)(1)(A) of this section; and (B) the denominator of which is the sum of the respective production volumes of all pas- senger motor vehicles of that line (as reported to the Administrator of the Environmental Protection Agency under chapter 329 of this title) that are of model years 1990 and 1991 and are distributed for sale in commerce in the United States. (3) Under subsection (a) of this section, the median theft rate for all new passenger motor vehicle thefts during that 2-year period is the theft rate midway between the highest and the lowest theft rates determined under paragraph (2) of this subsection. If there is an even number 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.)