Interpretation ID: aiam4159
Executive Director
Automobile Importers Compliance Association
1607 New Hampshire Avenue
N.W.
Washington
DC 20009;
Dear Mr. Jackson: This responds to your letter to Mr. Brian McLaughlin of our Rulemakin division, in which you requested an interpretation of 49 CFR Part 541, *Federal Motor Vehicle Theft Prevention Standard*. Specifically, you asked for a written confirmation of Mr. McLauglin's statement that only lines listed in Appendix A of Part 541 must be marked in compliance with Part 541. Mr. McLauglin's statement was correct.; Your concern appears to arise from the fact that direct importer sometimes import car lines not offered for sale in the United States by the original manufacturer. Such lines may have a majority of major parts interchangeable with the major parts of a car line offered for sale in the United States and listed in Appendix A of Part 541 as a high theft line subject to the theft prevention standard. Section 603(a)(1)(C) of the Motor Vehicle Information and Cost Savings Act (the Cost Savings Act, 15 U.S.C. 2023(a)(1)(C)) specifies that lines that have a majority of major parts interchangeable with the major parts of a high theft line are themselves high theft lines for the purposes of the theft prevention standard. Accordingly, you were concerned that the direct importers might be statutorily required to make determinations of interchangeability with the lines listed in Appendix A, and mark those lines that had a majority of major parts interchangeable with those of a listed high theft line. This is not the case.; Section 603(a)(2) of the Cost Savings Act specifies: 'The specifi lines ... which are to be subject to the standard may be selected by agreement between that manufacturer and NHTSA . If the manufacturer and NHTSA disagree as to such selection, NHTSA shall select such lines ...' The agency followed these procedures and arrived at the selections of high theft lines listed in Appendix A. All lines not listed in Appendix A are not required to be marked in accordance with Part 541, because they have not been selected as high theft lines in accordance with section 603(a)(2) of the Cost Savings Act.; Sincerely, Erika Z. Jones, Chief Counsel