49 U.S.C. § 33103 — Theft prevention standard for other lines

Page 984 TITLE 49—TRANSPORTATION § 33102 1 See References in Text note below. In clause (9), the words ‘‘after December 31, 1989’’ are substituted for ‘‘on or after the beginning of the 2-year period specified in section 2023(a)(1)(A) of this title’’ for clarity and consistency. PUB. L. 103–429, § 6(44)(A) This corrects a cross-reference in 49:33101(2) by elimi- nating the reference to 49:33102(c)(1). Section 302(1) of the Anti Car Theft Act of 1992 (Public Law 102–519, 106 Stat. 3394) restated section 602(d)(1)(A) and (B) of the Motor Vehicle Information and Cost Savings Act (Pub- lic Law 92–513, 86 Stat. 947) as section 602(d)(1) without making a change in the cross-reference in section 601(6) to section 602(d)(1)(B). PUB. L. 103–429, § 6(44)(B) This makes a conforming amendment for consistency with the style of title 49. Editorial Notes AMENDMENTS 1996—Pub. L. 104–287 made technical amendment to directory language of Pub. L. 103–429, § 6(44)(B). See 1994 Amendment note below. 1994—Par. (2). Pub. L. 103–429, § 6(44)(B), as amended by Pub. L. 104–287, inserted ‘‘of this title’’ before period at end. Pub. L. 103–429, § 6(44)(A), substituted ‘‘section 33104’’ for ‘‘sections 33102(c)(1) and 33104’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–287, § 6(d), Oct. 11, 1996, 110 Stat. 3398, pro- vided that the amendment made by section 6(d)(1)(B) is effective Oct. 31, 1994. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. § 33102. Theft prevention standard for high theft lines (a) GENERAL.—(1) The Secretary of Transpor- tation by regulation shall prescribe a vehicle theft prevention standard that conforms to the requirements of this chapter. The standard shall apply to— (A) covered major parts that manufacturers install in passenger motor vehicles in lines designated under section 33104 of this title as high theft lines; and (B) major replacement parts for the major parts described in clause (A) of this paragraph. (2) The standard may apply only to— (A) major parts that manufacturers install in passenger motor vehicles having a model year designation later than the calendar year in which the standard takes effect; and (B) major replacement parts manufactured after the standard takes effect. (b) STANDARD REQUIREMENTS.—The standard shall be practicable and provide relevant objec- tive criteria. (c) LIMITATIONS ON MAJOR PART AND REPLACE- MENT PART STANDARDS.—(1) For a major part in- stalled by the manufacturer of the motor vehi- cle, the standard may not require a part to have more than one identification. (2) For a major replacement part, the standard may not require— (A) identification of a part not designed as a replacement for a major part required to be identified under the standard; or (B) the inscribing or affixing of identifica- tion except a symbol identifying the manufac- turer and a common symbol identifying the part as a major replacement part. (d) RECORDS AND REPORTS.—This chapter does not authorize the Secretary to require a person to keep records or make reports, except as pro- vided in sections 33104(c), 33106(c), 33108(a), and 33112 1 of this title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1077.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33102(a)(1) .. 15:2022(a). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 602(a), (b), (c)(1)–(3), (5), (d)(2); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2756. 33102(a)(2) .. 15:2022(c)(1)–(3), (5). 33102(b) ...... 15:2022(b). 33102(c) ...... 15:2022(d)(1). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 602(d)(1); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2756; restated Oct. 25, 1992, Pub. L. 102–519, § 302(1), 106 Stat. 3394. 33102(d) ...... 15:2022(e). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 602(e); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2756; Oct. 25, 1992, Pub. L. 102–519, § 306(a), 106 Stat. 3397. In subsection (a)(1), before clause (A), the words ‘‘in accordance with this section’’ are omitted as surplus. In subsection (a)(2), the text of 15:2022(c)(1)–(3) is omitted as obsolete because the standard has already been prescribed. See 49 C.F.R. part 541. Editorial Notes REFERENCES IN TEXT Section 33112 of this title, referred to in subsec. (d), was repealed by Pub. L. 112–141, div. C, title I, § 31313(2), July 6, 2012, 126 Stat. 772. § 33103. Theft prevention standard for other lines (a) GENERAL.—Not later than October 25, 1994, the Secretary of Transportation shall prescribe a vehicle theft standard that conforms to the re- quirements of this chapter for covered major parts that manufacturers install in passenger motor vehicles (except light duty trucks) in not more than 50 percent of the lines not designated under section 33104 of this title as high theft lines. (b) EXTENSION OF APPLICATION.—(1) Not later than 3 years after the standard is prescribed under subsection (a) of this section and based on the finding of the Attorney General under sub- section (c) of this section to apply the standard, the Secretary shall apply that standard to cov- ered major parts and major replacement parts for covered parts that manufacturers install in the lines of passenger motor vehicles (except light duty trucks)— (A) not designated under section 33104 of this title as high theft lines; and Page 985 TITLE 49—TRANSPORTATION § 33103 1 See References in Text note below. (B) not covered by the standard prescribed under subsection (a) of this section. (2) The Secretary shall include as part of the regulatory proceeding under this subsection the finding of, and the record developed by, the At- torney General under subsection (c) of this sec- tion. (c) INITIAL REVIEW OF EFFECTIVENESS.—Before the Secretary begins a regulatory proceeding under subsection (b) of this section, the Attor- ney General shall make a finding that the Sec- retary shall apply the standard prescribed under subsection (a) of this section unless the Attor- ney General finds, based on information col- lected and analyzed under section 33112 1 of this title and other information the Attorney Gen- eral develops after providing notice and an op- portunity for a public hearing, that applying the standard prescribed in subsection (a) to the re- maining lines of passenger motor vehicles (ex- cept light duty trucks) not covered by that standard would not substantially inhibit chop shop operations and motor vehicle thefts. The Attorney General also shall consider and include in the record additional costs, effectiveness, competition, and available alternative factors. The Attorney General shall submit to the Sec- retary the finding and record on which the find- ing is based. (d) LONG RANGE REVIEW OF EFFECTIVENESS.— (1) Not later than December 31, 1999, the Attor- ney General shall make separate findings, after notice and an opportunity for a public hearing, on the following: (A) whether the application of the standard under subsection (a) or (b) of this subsection, or both, have been effective in substantially inhibiting the operation of chop shops and motor vehicle theft. (B) whether the anti-theft devices for which the Secretary has granted exemptions under section 33106 of this title are an effective sub- stitute for parts marking in substantially in- hibiting motor vehicle theft. (2)(A) In making the finding under paragraph (1)(A) of this subsection, the Attorney General shall— (i) consider the additional cost, competition, and available alternatives; (ii) base that finding on information col- lected and analyzed under section 33112 1 of this title; (iii) consider the effectiveness, the extent of use, and the extent to which civil and criminal penalties under section 33115(b) of this title and section 2322 of title 18 on chop shops have been effective in substantially inhibiting oper- ation of chop shops and motor vehicle theft; (iv) base that finding on the 3-year and 5- year reports issued by the Secretary under section 33113 of this title; and (v) base that finding on other information the Attorney General develops and includes in the public record. (B) The Attorney General shall submit a find- ing under paragraph (1)(A) of this subsection promptly to the Secretary. If the Attorney Gen- eral finds that the application of the standard under subsection (a) or (b) of this section, or both, has not been effective, the Secretary shall issue, not later than 180 days after receiving that finding, an order terminating the standard the Attorney General found was ineffective. The termination is effective for the model year be- ginning after the order is issued. (3) In making a finding under paragraph (1)(B) of this subsection, the Secretary shall consider the additional cost, competition, and available alternatives. If the Attorney General finds that the anti-theft devices are an effective sub- stitute, the Secretary shall continue to grant exemptions under section 33106 of this title for the model years after model year 2000 at one of the following levels that the Attorney General decides: at the level authorized before October 25, 1992, or at the level provided in section 33106(b)(2)(C) of this title for model year 2000. (e) EFFECTIVE DATE OF STANDARD.—A standard prescribed under this section takes effect at least 6 months after the date the standard is prescribed, except that the Secretary may pre- scribe an earlier effective date if the Secretary— (1) decides with good cause that the earlier date is in the public interest; and (2) publishes the reasons for the decision. (f) NOTIFICATION OF CONGRESS.—The Secretary and the Attorney General shall inform the ap- propriate legislative committees of Congress with jurisdiction over this part and section 2322 of title 18 of actions taken or planned under this section. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1078.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33103(a) ...... 15:2022(f)(1) (1st sen- tence). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 602(f); added Oct. 25, 1992, Pub. L. 102–519, § 302(2), 106 Stat. 3394. 33103(b) ...... 15:2022(f)(2) (1st, 2d sentences), (3) (last sentence). 33103(c) ...... 15:2022(f)(3) (1st–3d sentences). 33103(d) ...... 15:2022(f)(4), (5). 33103(e) ...... 15:2022(c)(4). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 602(c)(4); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2756. 15:2022(f)(1) (last sentence), (2) (last sentence). 33103(f) ....... 15:2022(f)(6). In subsection (a), the words ‘‘foreign and domestic’’ are omitted as unnecessary. The words ‘‘as high theft lines’’ are added for clarity. In subsection (b)(1), the words ‘‘to apply the stand- ard’’ are added for clarity. The words ‘‘shall apply that standard to covered major parts and major replacement parts for covered parts that manufacturers install in the lines of passenger motor vehicles (except light duty trucks) . . . not designated under section 33104 of this title as high theft lines; and . . . not covered by the standard prescribed under subsection (a) of this sec- tion’’ are substituted for ‘‘the Secretary . . . shall des- ignate all the remaining such lines of such passenger motor vehicles (other than light-duty trucks) and apply such standard to such lines in conformance with the re- quirements of this subchapter’’ for clarity and because of the restatement. In subsection (b)(2), the words ‘‘The Secretary shall include as part of the regulatory proceeding under this 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