--- kind: "section" citation: "49 U.S.C. § 33104" title: "49" title_heading: "Transportation" number: "33104" heading: "Designation of high theft vehicle lines and parts" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/49/33104" units: - "Subtitle VI — Motor Vehicle and Driver Programs" - "Part C — Information, Standards, and Requirements" - "Chapter 331 — Theft Prevention" --- # §33104. Designation of high theft vehicle lines and parts - (a) **Designation, Nonapplication, Selection, and Procedures.—** - (1) For purposes of the standard under [section 33102 of this title](/usc/49/33102.md), the following are high theft [lines](/usc/49/33101.md?p=5): - (A) a [passenger motor vehicle](/usc/49/32101.md?p=10) [line](/usc/49/33101.md?p=5) determined under [subsection (b)](#b) of this section to have had a new [passenger motor vehicle](/usc/49/32101.md?p=10) 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](/usc/49/32101.md?p=10) thefts in that 2-year period. - (B) a [passenger motor vehicle](/usc/49/32101.md?p=10) [line](/usc/49/33101.md?p=5) initially introduced into [commerce](/usc/49/31301.md?p=2) in the [United States](/usc/49/31301.md?p=15) after December 31, 1989, that is selected under paragraph (3) of this subsection as likely to have a theft rate greater than the median theft rate referred to in clause (A) of this paragraph. - (C) subject to paragraph (2) of this subsection, a [passenger motor vehicle](/usc/49/32101.md?p=10) [line](/usc/49/33101.md?p=5) having (for [existing lines](/usc/49/33101.md?p=3)) or likely to have (for [new lines](/usc/49/33101.md?p=9)) a theft rate below the median theft rate referred to in clause (A) of this paragraph, if the [major parts](/usc/49/33101.md?p=6) in the vehicles are selected under paragraph (3) of this subsection as interchangeable with the majority of the [major parts](/usc/49/33101.md?p=6) that are subject to the standard and are contained in the [motor vehicles](/usc/49/30102.md?p=a-7) of a [line](/usc/49/33101.md?p=5) described in clause (A) or (B) of this paragraph. - (2) The standard may not apply to any [major part](/usc/49/33101.md?p=6) of a [line](/usc/49/33101.md?p=5) described in paragraph (1)(C) of this subsection if all the [passenger motor vehicles](/usc/49/32101.md?p=10) of [lines](/usc/49/33101.md?p=5) that are, or are likely to be, below the median theft rate, and that contain parts interchangeable with the [major parts](/usc/49/33101.md?p=6) of the [line](/usc/49/33101.md?p=5) involved, account (for [existing lines](/usc/49/33101.md?p=3)), or the Secretary of Transportation determines they are likely to account (for [new lines](/usc/49/33101.md?p=9)), for more than 90 percent of the total annual production of all [lines](/usc/49/33101.md?p=5) of that [manufacturer](/usc/49/30102.md?p=a-6) containing those interchangeable parts. - (3) The [lines](/usc/49/33101.md?p=5), and the [major parts](/usc/49/33101.md?p=6) of the [passenger motor vehicles](/usc/49/32101.md?p=10) in those [lines](/usc/49/33101.md?p=5), that are to be subject to the standard may be selected by agreement between the [manufacturer](/usc/49/30102.md?p=a-6) and the Secretary. If the [manufacturer](/usc/49/30102.md?p=a-6) and the Secretary disagree on the selection, the Secretary shall select the [lines](/usc/49/33101.md?p=5) and parts, after notice to the [manufacturer](/usc/49/30102.md?p=a-6) and opportunity for written comment, and subject to the confidentiality requirements of this chapter. - (4) To the maximum extent practicable, the Secretary shall prescribe reasonable procedures designed to ensure that a selection under paragraph (3) of this subsection is made at least 6 months before the first applicable [model](/usc/49/32901.md?p=a-15) year beginning after the selection. - (5) A [manufacturer](/usc/49/30102.md?p=a-6) may not be required to comply with the standard under a selection under paragraph (3) of this subsection for a [model](/usc/49/32901.md?p=a-15) year beginning earlier than 6 months after the date of the selection. - (6) A [passenger motor vehicle](/usc/49/32101.md?p=10) [line](/usc/49/33101.md?p=5) subject on October 25, 1992, to parts marking requirements under sections 602 and 603 of the [Motor Vehicle](/usc/49/30102.md?p=a-7) Information and Cost Savings Act (Public Law 92–513, 86 Stat. 947), as added by section 101(a) of the [Motor Vehicle](/usc/49/30102.md?p=a-7) Theft Law Enforcement Act of 1984 (Public Law 98–547, 98 Stat. 2756), continues to be subject to the requirements of this section and [section 33102 of this title](/usc/49/33102.md) unless the [line](/usc/49/33101.md?p=5) is exempted under [section 33106 of this title](/usc/49/33106.md). - (b) **Determining Theft Rate for Passenger Vehicles.—** - (1) In this subsection, “new [passenger motor vehicle](/usc/49/32101.md?p=10) thefts”, when used in reference to a calendar year, means thefts in the [United States](/usc/49/31301.md?p=15) in that year of [passenger motor vehicles](/usc/49/32101.md?p=10) with the same [model](/usc/49/32901.md?p=a-15)-year designation as that calendar year. - (2) Under [subsection (a)](#a) of this section, the theft rate for [passenger motor vehicles](/usc/49/32101.md?p=10) of a [line](/usc/49/33101.md?p=5) shall be determined by a fraction— - (A) the numerator of which is the number of new [passenger motor vehicle](/usc/49/32101.md?p=10) thefts for that [line](/usc/49/33101.md?p=5) during the 2-year period referred to in [subsection (a)(1)(A)](#a-1-A) of this section; and - (B) the denominator of which is the sum of the respective production volumes of all [passenger motor vehicles](/usc/49/32101.md?p=10) of that [line](/usc/49/33101.md?p=5) (as reported to the Administrator of the Environmental Protection Agency under [chapter 329](/usc/49/chstVI/ptC/ch329.md) of this title) that are of [model](/usc/49/32901.md?p=a-15) years 1990 and 1991 and are distributed for sale in [commerce](/usc/49/31301.md?p=2) in the [United States](/usc/49/31301.md?p=15). - (3) Under [subsection (a)](#a) of this section, the median theft rate for all new [passenger motor vehicle](/usc/49/32101.md?p=10) 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 of theft rates determined under [paragraph (2)](#b-2), the median theft rate is the arithmetic average of the 2 adjoining theft rates midway between the highest and the lowest of those theft rates. - (4) In consultation with the Director of the Federal Bureau of Investigation, the Secretary periodically shall obtain from the most reliable source accurate and timely theft and recovery information and publish the information for review and comment. To the greatest extent possible, the Secretary shall use theft information reported by [United States](/usc/49/31301.md?p=15) Government, [State](/usc/49/30102.md?p=a-12), and local police. After publication and opportunity for comment, the Secretary shall use the theft information to determine the median theft rate under this subsection. The Secretary and the Director shall take any necessary actions to improve the accuracy, reliability, and timeliness of the information, including ensuring that vehicles represented as stolen are really stolen. - (5) The Secretary periodically (but not more often than once every 2 years) may redetermine and prescribe by regulation the median theft rate under this subsection. - (c) **Providing Information.—** The Secretary by regulation shall require each [manufacturer](/usc/49/30102.md?p=a-6) to provide information necessary to select under [subsection (a)(3)](#a-3) of this section the high theft [lines](/usc/49/33101.md?p=5) and the [major parts](/usc/49/33101.md?p=6) to be subject to the standard. - (d) **Application.—** Except as provided in [section 33106 of this title](/usc/49/33106.md), the Secretary may not make the standard inapplicable to a [line](/usc/49/33101.md?p=5) that has been subject to the standard. ## Source credit (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1079.) ## Notes | Historical and Revision Notes | | | | --- | --- | --- | | Revised
Section | Source (U.S. Code) | Source (Statutes at Large) | | 33104(a) | 15:2023(a)(1)–(4). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 603(a)(1)–(4), (b)–(d); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2757; Oct. 25, 1992, Pub. L. 102–519, § 303(1)–(3), (5), 106 Stat. 3396. | | | 15:2023(a)(5). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §§ 602(g), 603(a)(5); added Oct. 25, 1992, Pub. L. 102–519, §§ 302(2), 303(4), 106 Stat. 3395, 3396. | | 33104(b) | 15:2022(g). | | | | 15:2023(b). | | | 33104(c) | 15:2023(c). | | | 33104(d) | 15:2023(d). | | In subsection (a)(1)(A), the words “the 2-year period covering calendar years 1990 and 1991” are substituted for “the 2 calendar years immediately preceding the year in which the Anti Car Theft Act of 1992 is enacted” because that Act was enacted on October 25, 1992. The substitution also makes it clear that the 2-year period is to be treated as a single period. In subsection (a)(1)(B), the words “after December 31, 1989,” are substituted for “after the beginning of the 2-year period specified in subparagraph (A)” for consistency with clause (A). In subsection (a)(6), the word “passenger” is added because the source provisions in the revised chapter apply to passenger motor vehicles. In subsection (b)(2)(B), the words “Administrator of the” are added for clarity and consistency because of section 1(b) of Reorganization Plan No. 3 of 1970 (eff. Dec. 2, 1970, 84 Stat. 2086). The words “model years 1983 and 1984” are substituted for “the 2 model years having the same model-year designations as the 2 calendar years specified in subsection (a)(1)(A) of this section” because the particular years are now known. In subsection (b)(4), the words “Immediately upon enactment of this subchapter” are omitted as executed. The words “or sources” are omitted because of 1:1. ### Editorial Notes ### References in Text Sections 602 and 603 of the Motor Vehicle Information and Cost Savings Act, referred to in subsec. (a)(6), are sections 602 and 603 of Pub. L. 92–513, which were classified to sections 2022 and 2023, respectively, of Title 15, Commerce and Trade, and were repealed and reenacted as sections 33102 to 33104 of this title by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 1077, 1379.