
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC33103]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                      CHAPTER 331--THEFT PREVENTION
 
Sec. 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 requirements 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 subsection (c) of this section 
to apply the standard, the Secretary 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)--
        (A) not designated under section 33104 of this title as high 
    theft lines; and
        (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 
Attorney General under subsection (c) of this section.
    (c) Initial Review of Effectiveness.--Before the Secretary begins a 
regulatory proceeding under subsection (b) of this section, the Attorney 
General shall make a finding that the Secretary shall apply the standard 
prescribed under subsection (a) of this section unless the Attorney 
General finds, based on information collected and analyzed under section 
33112 of this title and other information the Attorney General develops 
after providing notice and an opportunity for a public hearing, that 
applying the standard prescribed in subsection (a) to the remaining 
lines of passenger motor vehicles (except 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 
Secretary the finding and record on which the finding is based.
    (d) Long Range Review of Effectiveness.--(1) Not later than December 
31, 1999, the Attorney 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 substitute for parts marking in substantially inhibiting 
    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 collected and analyzed 
    under section 33112 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 operation 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 finding under paragraph 
(1)(A) of this subsection promptly to the Secretary. If the Attorney 
General 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 beginning 
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 substitute, 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 prescribe 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 appropriate 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, Sec. 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 sentence).    Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  602(f); added Oct. 25,
                                                                          1992,
 Pub. L. 102-519, Sec.  302(2),
                                                                          106 S
tat. 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. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  602(c)(4); added Oct. 25,
                                                                          1984,
 Pub. L. 98-547, Sec.  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 standard'' 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 section'' are substituted for ``the Secretary . . 
. shall designate 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 requirements 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 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 begins a 
regulatory proceeding under subsection (b) of this section'' are 
substituted for ``prior to the Secretary's initiation and promulgation 
of a rule'' for clarity. 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 passenger motor vehicles'' for clarity and because of the 
restatement.
    In subsection (d)(1)(A), the words ``whether the application 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 . . . penalties 
under section 33115(b) of this title'' are substituted 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 substituted 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 33101, 33105, 33106, 33107, 
33108, 33112, 33114, 33115, 33118 of this title.
