Petition for Exemption From the Vehicle Theft Prevention Standard; Volkswagen, 26196-26197 [E7-8730]

Download as PDF 26196 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Notices • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Karen Lynch at 202– 366–8997. Issued on: May 3, 2007. Pamela M. Pelcovits, Acting Associate Administrator for Policy and Program Development. [FR Doc. E7–8809 Filed 5–7–07; 8:45 am] BILLING CODE 4910–EX–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 Volkswagen New Beetle vehicle line beginning with model year (MY) 2008. 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 partsmarking requirements of the Theft Prevention Standard. VW requested confidential treatment for the information and attachments it submitted in support of its petition. The agency will address VW’s request for confidential treatment by separate letter. DATES: The exemption granted by this notice is effective beginning with model year (MY) 2008. FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of International Vehicle, Fuel Economy and Consumer Standards, 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 February 7, 2007, VW requested an exemption from the partsmarking requirements of the Theft Prevention Standard (49 CFR part 541) for the Volkswagen New Beetle vehicle VerDate Aug<31>2005 15:36 May 07, 2007 Jkt 211001 line beginning with MY 2008. The petition requested an 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 of its vehicle lines per year. VW has petitioned the agency to grant an exemption for its New Beetle vehicle line beginning with MY 2008. In its petition, VW provided a detailed description and diagram of the identity, design, and location of the components of the antitheft device for its New Beetle vehicle line. VW will install its passive antitheft device as standard equipment on the line. Features of the antitheft device will include an immobilizer control unit, a reading coil on the ignition lock, an 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 stated that the device is activated by turning the key in the driver’s door lock to the lock position or by locking the vehicle with the remote key fob. The New Beetle’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. The vehicle’s audible alarm and emergency flasher features are also activated if any of the protected areas of the vehicle are violated. The protected areas include the doors, luggage compartment, engine compartment and the radio. In its petition, VW further stated it believed its antitheft device has been and will be at least or more effective in reducing and deterring theft than the parts marking requirement. Referencing the data published by NHTSA, VW further stated that the theft rates for the VW Beetle have been significantly below the median.1 Specifically, theft rates for the MY 2000–2004 New Beetle were 0.9018, 1.1472, 0.9992, 0.5943 and 1 For clarification purposes, the agency publishes theft rates based on data provided by the National Crime Information Center (NCIC) of the Federal Bureau of Investigation. NHTSA uses NCIC data to calculate theft rates and publishes these rates annually in the Federal Register. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 0.6682 respectively. During these years, the vehicle line was voluntarily equipped with the standard alarm system and immobilizer. In addressing the specific content requirements of § 543.6, VW provided information on the reliability and durability of its device. To ensure reliability and durability of the device, VW conducted tests based on its own specified standards and believes that the device is reliable and durable since the device complied with its specified requirements for each test. VW provided a detailed list of the tests conducted. Based on the evidence submitted by VW, the agency believes that the antitheft device for the Volkswagen New Beetle 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). 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. These conclusions are based on the information VW provided about its device. 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. For the foregoing reasons, the agency hereby grants in full VW’s petition for exemption for the Volkswagen New Beetle vehicle line from the partsmarking 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 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 petition is granted and a general description of the antitheft device is necessary in order to notify law enforcement agencies of new vehicle lines exempted from the parts-marking requirements of the Theft Prevention Standard. If VW decides not to use the exemption for this line, it must formally notify the agency. If such a decision is made, the line must be fully marked E:\FR\FM\08MYN1.SGM 08MYN1 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Notices according to the requirements under 49 CFR 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. Section 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 § 543.9(c)(2) could place on exempted vehicle manufacturers and itself. The agency did not intend in drafting 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: May 2, 2007. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E7–8730 Filed 5–7–07; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Internal Revenue Service [INTL–939–86] Proposed Collection; Comment Request for Regulation Project Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. cprice-sewell on PROD1PC66 with NOTICES SUMMARY: VerDate Aug<31>2005 15:36 May 07, 2007 Jkt 211001 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing notice of proposed rulemaking, INTL–939–86, Insurance Income of a Controlled Foreign Corporation for Taxable Years beginning After December 31, 1986 (§ 1.953–2(e)(3)(iii), 1.953–4(b), 1.953–5(a), 1.953–6(a), 1.953–7(c)(8), and 1.6046–1). DATES: Written comments should be received on or before July 9, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the regulations should be directed to Carolyn N. Brown at Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or at (202) 622–6688, or through the Internet at Carolyn.N.Brown@irs.gov. SUPPLEMENTARY INFORMATION: Title: Insurance Income of a Controlled Foreign Corporation for Taxable Years Beginning After December 31, 1986. OMB Number: 1545–1142. Regulation Project Number: INTL–939–86. Abstract: This regulation relates to the definition and computation of the insurance income of a controlled foreign corporation, and it also contains rules applicable to certain captive insurance companies. The information collection is required by the IRS in order for taxpayers to elect to locate risks with respect to moveable property by reference to the location of the property in a prior period; to allocate investment income to a particular category of insurance income; to allocate deductions to a particular category of insurance income; to determine the amount of those items, such as reserves, which are computed with reference to an insurance company’s annual statement; to elect to have related person insurance income treated as income effectively connected with the conduct of a United States trade or business; and to collect the information required by Code section 6046 relating to controlled foreign corporations as defined in Code section 953(c). Current Actions: There is no change to this existing regulation. Type of Review: Extension of a currently approved collection. Affected Public: Business or other forprofit organizations. Estimated Number of Respondents/ Recordkeepers: 500. Estimated Time Per Respondent/ Recordkeeper: 28 hr., 12 min. PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 26197 Estimated Total Annual Burden Hours: 14,100. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: May 1, 2007. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E7–8716 Filed 5–7–07; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service [INTL–29–91] Proposed Collection; Comment Request for Regulation Project Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed E:\FR\FM\08MYN1.SGM 08MYN1

Agencies

[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Notices]
[Pages 26196-26197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8730]


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

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 Volkswagen 
New Beetle vehicle line beginning with model year (MY) 2008. 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. VW requested confidential treatment for the 
information and attachments it submitted in support of its petition. 
The agency will address VW's request for confidential treatment by 
separate letter.

DATES: The exemption granted by this notice is effective beginning with 
model year (MY) 2008.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of 
International Vehicle, Fuel Economy and Consumer Standards, 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 February 7, 2007, VW 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard (49 CFR part 541) for the Volkswagen New Beetle 
vehicle line beginning with MY 2008. The petition requested an 
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 of its vehicle lines per year. VW has petitioned the 
agency to grant an exemption for its New Beetle vehicle line beginning 
with MY 2008. In its petition, VW provided a detailed description and 
diagram of the identity, design, and location of the components of the 
antitheft device for its New Beetle vehicle line. VW will install its 
passive antitheft device as standard equipment on the line. Features of 
the antitheft device will include an immobilizer control unit, a 
reading coil on the ignition lock, an 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 Sec.  543.5 and the specific content requirements of Sec.  
543.6.
    VW stated that the device is activated by turning the key in the 
driver's door lock to the lock position or by locking the vehicle with 
the remote key fob. The New Beetle'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. The vehicle's audible alarm and 
emergency flasher features are also activated if any of the protected 
areas of the vehicle are violated. The protected areas include the 
doors, luggage compartment, engine compartment and the radio.
    In its petition, VW further stated it believed its antitheft device 
has been and will be at least or more effective in reducing and 
deterring theft than the parts marking requirement. Referencing the 
data published by NHTSA, VW further stated that the theft rates for the 
VW Beetle have been significantly below the median.\1\ Specifically, 
theft rates for the MY 2000-2004 New Beetle were 0.9018, 1.1472, 
0.9992, 0.5943 and 0.6682 respectively. During these years, the vehicle 
line was voluntarily equipped with the standard alarm system and 
immobilizer.
---------------------------------------------------------------------------

    \1\ For clarification purposes, the agency publishes theft rates 
based on data provided by the National Crime Information Center 
(NCIC) of the Federal Bureau of Investigation. NHTSA uses NCIC data 
to calculate theft rates and publishes these rates annually in the 
Federal Register.
---------------------------------------------------------------------------

    In addressing the specific content requirements of Sec.  543.6, VW 
provided information on the reliability and durability of its device. 
To ensure reliability and durability of the device, VW conducted tests 
based on its own specified standards and believes that the device is 
reliable and durable since the device complied with its specified 
requirements for each test. VW provided a detailed list of the tests 
conducted.
    Based on the evidence submitted by VW, the agency believes that the 
antitheft device for the Volkswagen New Beetle 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).
    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. These conclusions are 
based on the information VW provided about its device. 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.
    For the foregoing reasons, the agency hereby grants in full VW's 
petition for exemption for the Volkswagen New Beetle 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 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 petition is granted and a general description of the 
antitheft device is necessary in order to notify law enforcement 
agencies of new vehicle lines exempted from the parts-marking 
requirements of the Theft Prevention Standard.
    If VW decides not to use the exemption for this line, it must 
formally notify the agency. If such a decision is made, the line must 
be fully marked

[[Page 26197]]

according to the requirements under 49 CFR 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. Section 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 Sec.  
543.9(c)(2) could place on exempted vehicle manufacturers and itself. 
The agency did not intend in drafting 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: May 2, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
 [FR Doc. E7-8730 Filed 5-7-07; 8:45 am]
BILLING CODE 4910-59-P
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