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Interpretation ID: GF004581

    Chris Tinto, Director
    Technical & Regulatory Affairs
    Toyota Motor North America, Inc.
    1850 M Street, NW, Suite 600
    Washington, DC 20036


    Dear Mr. Tinto:

    This responds to your June 25, 2004, letter regarding this agencys Federal motor vehicle theft prevention standard (49 CFR Part 541), as amended by a final rule published on April 6, 2004 (69 FR 17960, Docket 12231; corrected on June 22, 2004 69 FR 34612).

    You ask about the amendments made by the April 6, 2004, final rule to the standards parts marking requirements for light duty trucks (LDTs) with a gross vehicle weight rating (GVWR) of 6,000 pounds or less. For many years the standard required vehicle manufacturers to mark the major parts (parts listed in 49 CFR 541.5(a)) of "high theft" lines of passenger motor vehicles. (A high theft vehicle had or was likely to have had a theft rate greater than the median theft rate for a specified period for all new vehicles.) On April 6, 2004, the National Highway Traffic Safety Administration amended the standard to apply the parts marking requirement to: p assenger cars and Multipurpose Passenger Vehicles (MPVs) with theft rates lower than the median theft rate ("below-median theft rate"); and to LDTs with below-median theft rates that "have a majority of major parts interchangeable with those of" passenger cars and of MPVs with a GVWR of 6,000 pounds or less (49 CFR 541.3(a)(3))

    .

You ask three questions concerning the provision about LDTs. We have restated those below, followed by our answers.

Question 1. Is our interpretation correct that parts marking is only required on LDTs if a "majority" of parts listed in [Section] 541.5(a) are interchangeable with passenger cars and/or MPVs? In cases where the LDT does have a "majority" of interchangeable [Section] 541.5(a) parts, all of the parts on the LDT listed in [Section] 541.5(a) are required to be marked, regardless as to whether the parts are one of the interchangeable parts.

Answer: As to the first part of your question, the standard applies to (a) high theft LDTs, and to (b) below-median theft rate LDTs if a majority of parts listed in Section 541.5(a) are interchangeable with passenger cars and/or MPVs. If a below-median theft rate LDT is subject to the standard because of the interchangeability of its major parts, all major parts must be marked, not just the interchangeable ones.

Question 2. Are we correct that LDTs with less than a "majority" of interchangeable [Section] 541.5(a) parts do not have to be parts marked? In other words, if an LDT has only one [Section] 541.5(a) part that is interchangeable with a passenger car or an MPV, then the LDT does not have to be parts marked; not even the one part that is interchangeable.

Answer: Our answer is yes, a below-median theft rate LDT that does not have a majority of major parts interchangeable with a passenger car or an MPV subject to parts marking is not subject to the parts marking requirements of the standard. Using your example, not even the one part has to be marked.

Question 3. What is the meaning of "majority," as used in the context of this rule? Websters dictionary defines "majority" as, "a number greater than half of a total." Based on this definition, Toyota believes a "majority of major parts" means that more than half of the LDTs applicable parts listed in [Section] 541.5(a) have to be interchangeable with either an MPV or a passenger car before the LDT is required to be parts marked. Thus, a manufacturer first has to count how many parts listed in [Section] 541.5(a) are present on the LDT, and would have to determine whether more than 50% of the existing [Section] 541.5(a) parts on the LDT are interchangeable to determine whether parts marking is required on the LDT.

Answer: We agree that, with respect to the requirements at issue, "majority" means a number greater than half of the total. Accordingly, a below-median theft rate LDT is subject to parts marking requirements if greater than one half of the major parts present on that vehicle are interchangeable with major parts of a passenger car or an MPV that is subject to parts marking requirements.

You used an example of an LDT that has a total of 10 parts listed in Section 541.5(a) and stated your understanding that the LDT would have to have at least 6 interchangeable parts with an MPV or passenger car before all 10 of the parts on the LDT are required to be parts marked. Your understanding is correct. You also stated, "If the [LDT] has 5 or less interchangeable parts, none of the ten parts on the [LDT] are required to be marked." That understanding is correct with regard to the LDT in this example with the 10 major parts.

I hope you find this information helpful. If you have any other questions, please contact Mr. Feygin at this address or by phone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

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