Page:United States Statutes at Large Volume 108 Part 2.djvu/365

This page needs to be proofread.

PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1081 of model years 1990 and 1991 and are distributed for sale in commerce in the United States. (3) Under subsection (a) of this section, the median theft rate for all new passenger motor vehicle 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), 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 Government, State, 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 to provide information necessary to select under subsection (a)(3) of this section the high theft lines and the major parts to be subject to the standard. (d) APPLICATION.— Except as provided in section 33106 of this title, the Secretary may not make the standard inapplicable to a line that has been subject to the standard. § 33105. Cost limitations (a) MAXIMUM MANUFACTURER COSTS.—^A standard under section 33102 or 33103 of this title may not impose— (1) on a manufacturer of motor vehicles, compliance costs of more than $15 a motor vehicle; or (2) on a manufacturer of major replacement parts, compliance costs for each part of more than the reasonable amount (but less than $15) that the Secretary of Transportation specifies in the standard. (b) COSTS INVOLVED IN ENGINES AND TRANSMISSIONS.—For a manufacturer engaged in identifying engines or transmissions on October 25, 1984, in a way that substantially complies with the standard— (1) the costs of identifying engines and transmissions may not be considered in calculating the manufacturer's costs under subsection (a) of this section; and (2) the manufacturer may not be required under the standard to conform to any identification system for engines and transmissions that imposes greater costs on the manufacturer than are incurred under the identification system used by the manufacturer on October 25, 1984. (c) COST ADJUSTMENTS. — (1) In this subsection— (A) "base period" means calendar year 1984. Publication. Regulations.