Petition for Exemption From the Vehicle Theft Prevention Standard; Volkswagen, 4966-4967 [E6-1073]

Download as PDF 4966 Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Notices of petitions ‘‘to modify an exemption to permit the use of an antitheft device similar to but differing from the one specified in that exemption.’’ The agency wishes to minimize the administrative burden that Part 543.9(c)(2) could place on exempted vehicle manufacturers and itself. The agency did not intend Part 543 to require the submission of a modification petition for every change to the components or design of an antitheft device. The significance of many such changes could be de minimis. Therefore, NHTSA suggests that if the manufacturer contemplates making any changes, the effects of which might be characterized as de minimis, it should consult the agency before preparing and submitting a petition to modify. Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 1.50. Issued on: January 23, 2006. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E6–1070 Filed 1–27–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption From the Vehicle Theft Prevention Standard; Volkswagen National Highway Traffic Safety Administration (NHTSA) Department of Transportation (DOT). ACTION: Grant of petition for exemption. cprice-sewell on PROD1PC66 with NOTICES AGENCY: SUMMARY: This document grants in full the petition of Volkswagen of America, Inc. (VW) in accordance with § 543.9(c)(2) of 49 CFR Part 543, Exemption from the Theft Prevention Standard, for the Audi A4 vehicle line beginning with model year (MY) 2007. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard. In a letter dated October 19, 2005, the agency granted the petitioner’s request for confidential treatment of most aspects of its petition. DATES: The exemption granted by this notice is effective beginning with model year (MY) 2007. FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of International Policy, Fuel Economy and Consumer VerDate Aug<31>2005 14:07 Jan 27, 2006 Jkt 208001 Programs, NHTSA, 400 Seventh Street, SW., Washington, DC 20590. Ms. Mazyck’s telephone number is (202) 366–0846. Her fax number is (202) 493– 2290. SUPPLEMENTARY INFORMATION: In a petition dated September 26, 2005, VW requested exemption from the partsmarking requirements of the theft prevention standard (49 CFR part 541) for the MY 2007 Audi A4 vehicle line. The petition requested exemption from parts-marking pursuant to 49 CFR part 543, Exemption from Vehicle Theft Prevention Standard, based on the installation of an antitheft device as standard equipment for an entire vehicle line. Under § 543.5(a), a manufacturer may petition NHTSA to grant exemptions for one line of its vehicle lines per year. In its petition, VW provided a detailed description and diagram of the identity, design, and location of the components of the antitheft device for the new vehicle line. VW will install its passive, antitheft device as standard equipment beginning with MY 2007. Features of the antitheft device will include the immobilizer control unit, the reading coil on the ignition lock, the engine control unit, a transponder-based ignition key, a remote key fob and a visable and audible alarm. VW’s submission is considered a complete petition as required by 49 CFR 543.7, in that it meets the general requirements contained in 543.5 and the specific content requirements of 543.6. VW’s proposed device incorporates an immobilizer feature, tow away protection and an audible and visual alarm system. VW stated that the device is switched on by turning the key in either of the front door locks to the lock position, or by locking the vehicle with the remote key fob. The A4’s immobilizer prevents the vehicle from being operated by unauthorized persons. When the ignition key is turned to the ‘‘on’’ position, the key’s transporter, the immobilizer control unit, and the engine control unit initiate a complex set of tests to determine if vehicle start-up should be enabled. If the tests fail, the vehicle cannot be started. Additionally, the audible alarm and emergency flashers are activated if any of the protected areas of the vehicle are violated. The protected areas include the doors, trunk or hatch, hood, activation of ignition lock voltage and tilt. In addressing the specific content requirements of 543.6, VW provided information on the reliability and durability of its proposed device. To ensure reliability and durability of the PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 device, VW conducted tests based on its own specified standards. VW provided a detailed list of the tests conducted, including those for electrical and mechanical durability and believes that the device is reliable and durable since it complied with VW’s specified requirements for each test. VW also provided information on the theft rate history for previous MY vehicles installed with a similar device as that proposed. VW indicated that the theft rates for the Audi A4 vehicle line have been significantly below the median. NHTSA’s theft rates for the A4 vehicle for model years 2000 through 2003 were 1.2433, 1.6561, 1.8970, and 0.8418, respectively. On the basis of this comparison, VW has concluded that the proposed antitheft device is no less effective than those devices installed on lines for which NHTSA has already granted full exemption from the parts-marking requirements. Based on the evidence submitted by VW, the agency believes that the antitheft device for the A4 vehicle line is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR Part 541). The agency concludes that the device will provide the five types of performance listed in § 543.6(a)(3): promoting activation; attracting attention to the efforts of unauthorized persons to enter or operate a vehicle by means other than a key; preventing defeat or circumvention of the device by unauthorized persons; preventing operation of the vehicle by unauthorized entrants; and ensuring the reliability and durability of the device. As required by 49 U.S.C. 33106 and 49 CFR 543.6 (a)(4) and (5), the agency finds that VW has provided adequate reasons for its belief that the antitheft device will reduce and deter theft. This conclusion is based on the information VW provided about its device, much of which is confidential. For the foregoing reasons, the agency hereby grants in full VW’s petition for exemption for the A4 vehicle line from the parts-marking requirements of 49 CFR part 541. The agency notes that 49 CFR part 541, Appendix A–1, identifies those lines that are exempted from the Theft Prevention Standard for a given model year. 49 CFR part 543.7(f) contains publication requirements incident to the disposition of all Part 543 petitions. Advanced listing, including the release of future product nameplates, the beginning model year for which the exemption is granted and a general description of the device is necessary in E:\FR\FM\30JAN1.SGM 30JAN1 Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Notices cprice-sewell on PROD1PC66 with NOTICES order to notify law enforcement agencies of new vehicle lines exempted from the parts marking requirements of the Theft Prevention Standard. Therefore, although VW has been granted confidential treatment for most aspects of its petition, the agency notes certain information that may be published in the Federal Register. If VW decides not to use the exemption for this line, it must formally notify the agency, and, thereafter, the line must be fully marked as required by 49 CFR parts 541.5 and 541.6 (marking of major component parts and replacement parts). NHTSA notes that if VW wishes in the future to modify the device on which this exemption is based, the company may have to submit a petition to modify the exemption. Part 543.7(d) states that a Part 543 exemption applies only to vehicles that belong to a line exempted under this part and equipped with the anti-theft device on which the line’s exemption is based. Further, § 543.9(c)(2) provides for the submission of petitions ‘‘to modify an exemption to permit the use of an antitheft device similar to but differing from the one specified in that exemption.’’ The agency wishes to minimize the administrative burden that Part 543.9(c)(2) could place on exempted vehicle manufacturers and itself. The agency did not intend Part 543 to require the submission of a modification petition for every change to the components or design of an antitheft device. The significance of many such changes could be de minimis. Therefore, NHTSA suggests that if the manufacturer contemplates making any changes the effects of which might be characterized as de minimis, it should consult the agency before preparing and submitting a petition to modify. We note that VW requested confidential treatment for the information and attachments it VerDate Aug<31>2005 14:07 Jan 27, 2006 Jkt 208001 submitted in support of its petition. While the agency granted the petitioner’s request for confidential treatment of most aspects of its petition, we have released the model year for which the exemption is granted. This information is necessary for the law enforcement efforts to combat motor vehicle theft. That is, law enforcement officials need to know whether a given motor vehicle line was subject or exempted from the parts-marking requirements for a given model year. Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 1.50. Issued on: January 23, 2006. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E6–1073 Filed 1–27–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34820] Union Pacific Railroad Company— Temporary Trackage Rights Exemption—BNSF Railway Company BNSF Railway Company (BNSF) pursuant to a written trackage rights agreement entered into between BNSF and Union Pacific Railroad Company (UP) has agreed to grant temporary overhead trackage rights to UP over BNSF’s line of railroad between Hobart Tower, CA (milepost 146.0), and Riverside, CA (milepost 9.8), a distance of approximately 57.7 miles.1 The transaction was scheduled to be consummated on January 16, 2006, but consummation could lawfully occur no earlier than January 17, 2006, the 1 Total mileage does not correspond to the milepost designations of the endpoints because the trackage rights involve BNSF subdivisions with non-contiguous mileposts. PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 4967 effective date of the exemption (7 days after the exemption was filed). The temporary trackage rights will expire on or about March 22, 2006. The purpose of the temporary trackage rights is to facilitate maintenance work on UP lines. As a condition to this exemption, any employee affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.— Lease and Operate, 360 I.C.C. 653 (1980), and any employee affected by the discontinuance of those trackage rights will be protected by the conditions set out in Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. 91 (1979). This notice is filed under 49 CFR 1180.2(d)(8). If it contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34820, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on Gabriel S. Meyer, Assistant General Attorney, 1400 Douglas Street, STOP 1580, Omaha, NE 68179. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: January 23, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06–761 Filed 1–27–06; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\30JAN1.SGM 30JAN1

Agencies

[Federal Register Volume 71, Number 19 (Monday, January 30, 2006)]
[Notices]
[Pages 4966-4967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1073]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention 
Standard; Volkswagen

AGENCY: National Highway Traffic Safety Administration (NHTSA) 
Department of Transportation (DOT).

ACTION: Grant of petition for exemption.

-----------------------------------------------------------------------

SUMMARY: This document grants in full the petition of Volkswagen of 
America, Inc. (VW) in accordance with Sec.  543.9(c)(2) of 49 CFR Part 
543, Exemption from the Theft Prevention Standard, for the Audi A4 
vehicle line beginning with model year (MY) 2007. This petition is 
granted because the agency has determined that the antitheft device to 
be placed on the line as standard equipment is likely to be as 
effective in reducing and deterring motor vehicle theft as compliance 
with the parts-marking requirements of the Theft Prevention Standard. 
In a letter dated October 19, 2005, the agency granted the petitioner's 
request for confidential treatment of most aspects of its petition.

DATES: The exemption granted by this notice is effective beginning with 
model year (MY) 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, 400 
Seventh Street, SW., Washington, DC 20590. Ms. Mazyck's telephone 
number is (202) 366-0846. Her fax number is (202) 493-2290.

SUPPLEMENTARY INFORMATION: In a petition dated September 26, 2005, VW 
requested exemption from the parts-marking requirements of the theft 
prevention standard (49 CFR part 541) for the MY 2007 Audi A4 vehicle 
line. The petition requested exemption from parts-marking pursuant to 
49 CFR part 543, Exemption from Vehicle Theft Prevention Standard, 
based on the installation of an antitheft device as standard equipment 
for an entire vehicle line.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant 
exemptions for one line of its vehicle lines per year. In its petition, 
VW provided a detailed description and diagram of the identity, design, 
and location of the components of the antitheft device for the new 
vehicle line. VW will install its passive, antitheft device as standard 
equipment beginning with MY 2007. Features of the antitheft device will 
include the immobilizer control unit, the reading coil on the ignition 
lock, the engine control unit, a transponder-based ignition key, a 
remote key fob and a visable and audible alarm. VW's submission is 
considered a complete petition as required by 49 CFR 543.7, in that it 
meets the general requirements contained in 543.5 and the specific 
content requirements of 543.6.
    VW's proposed device incorporates an immobilizer feature, tow away 
protection and an audible and visual alarm system. VW stated that the 
device is switched on by turning the key in either of the front door 
locks to the lock position, or by locking the vehicle with the remote 
key fob. The A4's immobilizer prevents the vehicle from being operated 
by unauthorized persons. When the ignition key is turned to the ``on'' 
position, the key's transporter, the immobilizer control unit, and the 
engine control unit initiate a complex set of tests to determine if 
vehicle start-up should be enabled. If the tests fail, the vehicle 
cannot be started. Additionally, the audible alarm and emergency 
flashers are activated if any of the protected areas of the vehicle are 
violated. The protected areas include the doors, trunk or hatch, hood, 
activation of ignition lock voltage and tilt.
    In addressing the specific content requirements of 543.6, VW 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, VW 
conducted tests based on its own specified standards. VW provided a 
detailed list of the tests conducted, including those for electrical 
and mechanical durability and believes that the device is reliable and 
durable since it complied with VW's specified requirements for each 
test.
    VW also provided information on the theft rate history for previous 
MY vehicles installed with a similar device as that proposed. VW 
indicated that the theft rates for the Audi A4 vehicle line have been 
significantly below the median. NHTSA's theft rates for the A4 vehicle 
for model years 2000 through 2003 were 1.2433, 1.6561, 1.8970, and 
0.8418, respectively.
    On the basis of this comparison, VW has concluded that the proposed 
antitheft device is no less effective than those devices installed on 
lines for which NHTSA has already granted full exemption from the 
parts-marking requirements.
    Based on the evidence submitted by VW, the agency believes that the 
antitheft device for the A4 vehicle line is likely to be as effective 
in reducing and deterring motor vehicle theft as compliance with the 
parts-marking requirements of the Theft Prevention Standard (49 CFR 
Part 541).
    The agency concludes that the device will provide the five types of 
performance listed in Sec.  543.6(a)(3): promoting activation; 
attracting attention to the efforts of unauthorized persons to enter or 
operate a vehicle by means other than a key; preventing defeat or 
circumvention of the device by unauthorized persons; preventing 
operation of the vehicle by unauthorized entrants; and ensuring the 
reliability and durability of the device.
    As required by 49 U.S.C. 33106 and 49 CFR 543.6 (a)(4) and (5), the 
agency finds that VW has provided adequate reasons for its belief that 
the antitheft device will reduce and deter theft. This conclusion is 
based on the information VW provided about its device, much of which is 
confidential. For the foregoing reasons, the agency hereby grants in 
full VW's petition for exemption for the A4 vehicle line from the 
parts-marking requirements of 49 CFR part 541. The agency notes that 49 
CFR part 541, Appendix A-1, identifies those lines that are exempted 
from the Theft Prevention Standard for a given model year. 49 CFR part 
543.7(f) contains publication requirements incident to the disposition 
of all Part 543 petitions. Advanced listing, including the release of 
future product nameplates, the beginning model year for which the 
exemption is granted and a general description of the device is 
necessary in

[[Page 4967]]

order to notify law enforcement agencies of new vehicle lines exempted 
from the parts marking requirements of the Theft Prevention Standard. 
Therefore, although VW has been granted confidential treatment for most 
aspects of its petition, the agency notes certain information that may 
be published in the Federal Register. If VW decides not to use the 
exemption for this line, it must formally notify the agency, and, 
thereafter, the line must be fully marked as required by 49 CFR parts 
541.5 and 541.6 (marking of major component parts and replacement 
parts).
    NHTSA notes that if VW wishes in the future to modify the device on 
which this exemption is based, the company may have to submit a 
petition to modify the exemption. Part 543.7(d) states that a Part 543 
exemption applies only to vehicles that belong to a line exempted under 
this part and equipped with the anti-theft device on which the line's 
exemption is based. Further, Sec.  543.9(c)(2) provides for the 
submission of petitions ``to modify an exemption to permit the use of 
an antitheft device similar to but differing from the one specified in 
that exemption.''
    The agency wishes to minimize the administrative burden that Part 
543.9(c)(2) could place on exempted vehicle manufacturers and itself. 
The agency did not intend Part 543 to require the submission of a 
modification petition for every change to the components or design of 
an antitheft device. The significance of many such changes could be de 
minimis. Therefore, NHTSA suggests that if the manufacturer 
contemplates making any changes the effects of which might be 
characterized as de minimis, it should consult the agency before 
preparing and submitting a petition to modify.
    We note that VW requested confidential treatment for the 
information and attachments it submitted in support of its petition. 
While the agency granted the petitioner's request for confidential 
treatment of most aspects of its petition, we have released the model 
year for which the exemption is granted. This information is necessary 
for the law enforcement efforts to combat motor vehicle theft. That is, 
law enforcement officials need to know whether a given motor vehicle 
line was subject or exempted from the parts-marking requirements for a 
given model year.

    Authority:  49 U.S.C. 33106; delegation of authority at 49 CFR 
1.50.

    Issued on: January 23, 2006.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E6-1073 Filed 1-27-06; 8:45 am]
BILLING CODE 4910-59-P