Page:United States Statutes at Large Volume 108 Part 2.djvu/363

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PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1079 (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. §33104. Designation of high theft vehicle lines and parts (a) DESIGNATION, NONAPPLICATION, SELECTION, AND PROCE- DURES.—(1) For purposes of the standard under section 33102 of this title, the following are high theft lines: (A) a passenger motor vehicle line determined under subsection (b) of this section to have had a new passenger motor vehicle 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 thefts in that 2-year period. (B) a passenger motor vehicle line initially introduced into commerce in the United States after December 31, 1989, that is selected under paragraph (3) of this subsection as likely