Petition for Exemption From the Vehicle Theft Prevention Standard; Volkswagen, 18606-18607 [E8-7098]
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18606
Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Notices
as standard equipment on its Audi Q5
vehicle line beginning with MY 2009.
National Highway Traffic Safety
Key components of the antitheft device
Administration
will include a passive immobilizer, an
immobilizer control unit, an electronic
Petition for Exemption From the
ignition lock, an adapted ignition key,
Vehicle Theft Prevention Standard;
an engine control unit, an electronic
Volkswagen
steering column lock (ELV), and an
automatic gear (if available). VW stated
AGENCY: National Highway Traffic
that the device is activated by turning
Safety Administration (NHTSA),
the key in either of the front door locks
Department of Transportation (DOT).
to the ‘‘lock’’ position or by locking the
ACTION: Grant of petition for exemption.
vehicle with the remote key fob or an
optional keyless entry and locking
SUMMARY: This document grants in full
control. The antitheft device will also
the petition of Volkswagen Group of
include an audible and visible alarm
America (VW) in accordance with
feature that will monitor and protect the
§ 543.9(c)(2) of 49 CFR part 543,
doors, rear hatch, and hood against
Exemption from the Theft Prevention
unauthorized entry. If an unauthorized
Standard, for the Audi Q5 vehicle line
entry is attempted, the horn will sound
beginning with model year (MY) 2009.
and the vehicle’s lights will flash. VW
This petition is granted because the
agency has determined that the antitheft also stated that the vehicle’s radio,
amplifier and multi-media interface are
device to be placed on the line as
theft deterrent protected and if removed
standard equipment is likely to be as
from the car, the components will not
effective in reducing and deterring
operate unless re-activated by an
motor vehicle theft as compliance with
authorized dealer.
the parts-marking requirements of the
VW stated that the Audi Q5’s
Theft Prevention Standard.
immobilizer prevents the vehicle from
DATES: The exemption granted by this
being operated by unauthorized
notice is effective beginning with model
persons. When the ignition key is
year (MY) 2009.
turned to the ‘‘on’’ position, the key’s
FOR FURTHER INFORMATION CONTACT: Ms.
transponder, the immobilizer control
Carlita Ballard, Office of International
unit, the ELV, and the engine control
Policy, Fuel Economy and Consumer
unit initiate a complex set of tests to
Programs, NHTSA,1200 New Jersey
determine if vehicle start-up should be
Avenue, SE., West Building, W43–439,
enabled. If the tests fail, the vehicle
Washington, DC 20590. Ms. Ballard’s
cannot be started. The ignition system is
phone number is (202) 366–0846. Her
monitored in the sense that if an
fax number is (202) 493–2290.
external voltage is applied in an attempt
SUPPLEMENTARY INFORMATION: In a
to by-pass the immobilizer system, the
petition dated February 15, 2008, VW
alarm is triggered.
requested an exemption from the partsIn addressing the specific content
marking requirements of the Theft
requirements of 543.6, VW provided its
Prevention Standard (49 CFR part 541)
own test information on the reliability
for the Audi Q5 vehicle line beginning
and durability of its device. VW
with MY 2009. The petition requested
conducted tests based on its own
an exemption from parts-marking
specified standards and believes that the
pursuant to 49 CFR part 543, Exemption device is reliable and durable since the
from Vehicle Theft Prevention Standard, device complied with its specified
based on the installation of an antitheft
requirements for each test.
In its petition, VW further stated that
device as standard equipment for an
because the Audi Q5 is a new vehicle
entire vehicle line.
Under § 543.5(a), a manufacturer may line, there is no historic theft data
published for a similar Audi vehicle
petition NHTSA to grant an exemption
line. VW also stated that its antitheft
for one of its vehicle lines per year.
system will be at least as, or more,
VW’s submission is considered a
complete petition as required by 49 CFR effective in reducing and deterring theft
as other comparable vehicles installed
543.7, in that it meets the general
with an alarm and engine immobilizer.
requirements contained in § 543.5 and
VW further stated that the theft
the specific content requirements of
reduction benefits from immobilizer
§ 543.6.
systems cited in recently granted
VW’s petition provided a detailed
description and diagram of the identity, petitions for exemptions have included
a 70% reduction in 1997 immobilizerdesign, and location of the components
equipped Ford Mustang thefts compared
of the antitheft device for its new
to 1995 models without an immobilizer.
multipurpose vehicle line. VW will
Based on Highway Loss Data Institute
install its passive, transponder-based,
(HLDI) data, BMW vehicles experienced
electronic immobilizer antitheft device
ebenthall on PRODPC61 with NOTICES
DEPARTMENT OF TRANSPORTATION
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theft loss reductions resulting in a 73%
decrease in relative claim frequency and
a 78% lower average loss payment per
claim for vehicles equipped with an
immobilizer. The agency agrees that the
device is substantially similar to devices
in these and other vehicle lines for
which the agency has already granted
exemptions.
The agency also notes 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.
Pursuant to 49 U.S.C. 33106 and 49
CFR 543.7(b), the agency grants a
petition for exemption from the partsmarking requirements of part 541 either
in whole or in part, if it determines that,
based upon substantial evidence, the
standard equipment antitheft device is
likely to be as effective in reducing and
deterring motor vehicle theft as
compliance with the parts marking
requirements of part 541. The agency
finds that VW has provided adequate
reasons for its belief that the antitheft
device for the Audi Q5 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). This
conclusion is based on the information
VW provided about its device.
For the foregoing reasons, the agency
hereby grants in full VW’s petition for
exemption for the Audi Q5 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 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 partsmarking 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
according to the requirements under 49
CFR 541.5 and 541.6 (marking of major
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04APN1
Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Notices
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, section 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 section
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.
Information Relay Service (FIRS) for the
hearing impaired: 1–800–877–8339.]
SUPPLEMENTARY INFORMATION:
Additional information is contained in
the Board’s decision, which is available
on our Web site https://www.stb.dot.gov.
To purchase a copy of the full decision,
write to, e-mail or call the Board’s
contractor, ASAP Document Solutions;
9332 Annapolis Rd., Suite 103, Lanham,
MD 20706; e-mail asapdc@verizon.net;
phone (202) 306–4004. [Assistance for
the hearing impaired is available
through FIRS: 1–800–877–8339.]
This action will not significantly
affect either the quality of the human
environment or energy conservation.
Pursuant to 5 U.S.C. 605(b), we
conclude that our action will not have
a significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act.
Authority: 49 U.S.C. 33106; delegation of
authority at 49 CFR 1.50.
Surface Transportation Board
Issued on: March 31, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E8–7098 Filed 4–3–08; 8:45 am]
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Ex Parte No. 290 (Sub-No. 5) (2008–
2)]
Quarterly Rail Cost Adjustment Factor
Surface Transportation Board.
Approval of rail cost adjustment
AGENCY:
ebenthall on PRODPC61 with NOTICES
factor.
SUMMARY: The Board has approved the
second quarter 2008 rail cost adjustment
factor (RCAF) and cost index filed by
the Association of American Railroads.
The second quarter 2008 RCAF
(Unadjusted) is 1.077. The second
quarter 2008 RCAF (Adjusted) is 0.497.
The second quarter 2007 RCAF–5 is
0.471.
EFFECTIVE DATE: March 31, 2008.
FOR FURTHER INFORMATION CONTACT:
Pedro Ramirez, (202) 245–0333. [Federal
VerDate Aug<31>2005
15:24 Apr 03, 2008
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BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 35119]
Nittany and Bald Eagle Railroad
Company—Temporary Trackage
Rights Exemption—Norfolk Southern
Railway Company
BILLING CODE 4910–59–P
ACTION:
Decided: March 31, 2008.
By the Board, Chairman Nottingham, Vice
Chairman Mulvey and Commissioner
Buttrey.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8–7079 Filed 4–3–08; 8:45 am]
Norfolk Southern Railway Company
(NSR) has agreed to grant non-exclusive,
temporary overhead trackage rights to
Nittany and Bald Eagle Railroad
Company (N&BE) over a portion of
NSR’s line between milepost 194.2,
Lock Haven, PA, and milepost 139.2,
Driftwood, PA, a distance of
approximately 55 miles.1
The transaction is scheduled to be
consummated on or after April 23, 2008,
the effective date of the exemption (30
days after the exemption was filed). The
temporary trackage rights will expire on
December 30, 2008.
The purpose of the temporary
trackage rights is to allow N&BE
adequate bridge train service for
1 A redacted version of the trackage rights
agreement between N&BE and NSR was filed with
the notice of exemption. The full version of the
agreement, as required by 49 CFR 1180.6(a)(7)(ii),
was concurrently filed under seal along with a
motion for protective order. The request for a
protective order is being addressed in a separate
decision.
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18607
temporary, seasonal traffic originating
on the N&BE for delivery to an off-line
destination.
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. Any
stay petition must be filed on or before
April 16, 2008 (at least 7 days before the
exemption becomes effective).
Pursuant to the Consolidated
Appropriations Act, 2008, Public Law
No. 110–161, 193, 121 Stat. 1844 (2007),
nothing in this decision authorizes the
following activities at any solid waste
rail transfer facility: collecting, storing,
or transferring solid waste outside of its
original shipping container; or
separating or processing solid waste
(including baling, crushing, compacting,
and shredding). The term ‘‘solid waste’’
is defined in section 1004 of the Solid
Waste Disposal Act, 42 U.S.C. 6903.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35119, must be filed with
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, one copy of each
pleading must be served on Richard R.
Wilson, 127 Lexington Ave., Suite 100,
Altoona, PA 16601.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: March 28, 2008.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8–6865 Filed 4–3–08; 8:45 am]
BILLING CODE 4915–01–P
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Agencies
[Federal Register Volume 73, Number 66 (Friday, April 4, 2008)]
[Notices]
[Pages 18606-18607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7098]
[[Page 18606]]
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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 Group
of America (VW) in accordance with Sec. 543.9(c)(2) of 49 CFR part
543, Exemption from the Theft Prevention Standard, for the Audi Q5
vehicle line beginning with model year (MY) 2009. 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.
DATES: The exemption granted by this notice is effective beginning with
model year (MY) 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA,1200
New Jersey Avenue, SE., West Building, W43-439, Washington, DC 20590.
Ms. Ballard's phone number is (202) 366-0846. Her fax number is (202)
493-2290.
SUPPLEMENTARY INFORMATION: In a petition dated February 15, 2008, VW
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard (49 CFR part 541) for the Audi Q5 vehicle line
beginning with MY 2009. 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 an
exemption for one of its vehicle lines per year. 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's petition provided a detailed description and diagram of the
identity, design, and location of the components of the antitheft
device for its new multipurpose vehicle line. VW will install its
passive, transponder-based, electronic immobilizer antitheft device as
standard equipment on its Audi Q5 vehicle line beginning with MY 2009.
Key components of the antitheft device will include a passive
immobilizer, an immobilizer control unit, an electronic ignition lock,
an adapted ignition key, an engine control unit, an electronic steering
column lock (ELV), and an automatic gear (if available). VW stated that
the device is activated 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 or an optional keyless entry and locking control. The
antitheft device will also include an audible and visible alarm feature
that will monitor and protect the doors, rear hatch, and hood against
unauthorized entry. If an unauthorized entry is attempted, the horn
will sound and the vehicle's lights will flash. VW also stated that the
vehicle's radio, amplifier and multi-media interface are theft
deterrent protected and if removed from the car, the components will
not operate unless re-activated by an authorized dealer.
VW stated that the Audi Q5's immobilizer prevents the vehicle from
being operated by unauthorized persons. When the ignition key is turned
to the ``on'' position, the key's transponder, the immobilizer control
unit, the ELV, 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 ignition system is monitored
in the sense that if an external voltage is applied in an attempt to
by-pass the immobilizer system, the alarm is triggered.
In addressing the specific content requirements of 543.6, VW
provided its own test information on the reliability and durability of
its 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.
In its petition, VW further stated that because the Audi Q5 is a
new vehicle line, there is no historic theft data published for a
similar Audi vehicle line. VW also stated that its antitheft system
will be at least as, or more, effective in reducing and deterring theft
as other comparable vehicles installed with an alarm and engine
immobilizer. VW further stated that the theft reduction benefits from
immobilizer systems cited in recently granted petitions for exemptions
have included a 70% reduction in 1997 immobilizer-equipped Ford Mustang
thefts compared to 1995 models without an immobilizer. Based on Highway
Loss Data Institute (HLDI) data, BMW vehicles experienced theft loss
reductions resulting in a 73% decrease in relative claim frequency and
a 78% lower average loss payment per claim for vehicles equipped with
an immobilizer. The agency agrees that the device is substantially
similar to devices in these and other vehicle lines for which the
agency has already granted exemptions.
The agency also notes 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.
Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7(b), the agency grants
a petition for exemption from the parts-marking requirements of part
541 either in whole or in part, if it determines that, based upon
substantial evidence, the standard equipment antitheft device is likely
to be as effective in reducing and deterring motor vehicle theft as
compliance with the parts marking requirements of part 541. The agency
finds that VW has provided adequate reasons for its belief that the
antitheft device for the Audi Q5 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). This conclusion is based on the information VW
provided about its device.
For the foregoing reasons, the agency hereby grants in full VW's
petition for exemption for the Audi Q5 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
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 according to the requirements under 49 CFR 541.5 and
541.6 (marking of major
[[Page 18607]]
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, section 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
section 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: March 31, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E8-7098 Filed 4-3-08; 8:45 am]
BILLING CODE 4910-59-P