Petition for Exemption From the Vehicle Theft Prevention Standard; Volkswagen, 18606-18607 [E8-7098]

Download as PDF 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 VerDate Aug<31>2005 16:44 Apr 03, 2008 Jkt 214001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 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 E:\FR\FM\04APN1.SGM 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 http://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 Jkt 214001 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. PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 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 http:// 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 E:\FR\FM\04APN1.SGM 04APN1

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