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Interpretation ID: 9653

Mr. Michinori Hachiya
Director, Technical Affairs
Nissan North America, Inc.
750 17th Street, N.W.
Suite 901
Washington, D.C. 20006-4607

Dear Mr. Hachiya:

This responds to your request for an interpretation of the theft prevention standard (49 CFR part 541) as it would apply to high theft passenger motor vehicles and their replacement parts from model year (MY) 1996 and thereafter. Because the agency has not yet published regulations for MY 1996 high theft lines and thereafter, we are unable to answer your specific questions.

As a result of the "Anti Car Theft Act of 1992" (ACTA), certain changes must be made to the theft prevention standard. In its October 25, 1993 semiannual regulatory agenda, NHTSA listed its proposed rulemakings to implement the ACTA. (See 58 FR 56734 et seq.) In a Federal Register document of January 6, 1994 (59 FR 796), NHTSA stated it intended that the new ACTA-mandated procedures apply to high theft lines beginning in MY 1996.

As indicated in the October 1993 semiannual agenda, NHTSA will shortly issue a notice of proposed rulemaking to amend the theft prevention standard. We believe the NPRM will address the issues you raise. If the NPRM does not address them, you will be able to discuss any questions you may have in your comments on the rulemaking submitted to NHTSA during the public comment period.

If you have any questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel ref:541 d:4/l/94