Petition for Exemption From the Vehicle Theft Prevention Standard; Volkswagen, 10984-10985 [E9-5477]
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10984
Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices
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 an exemption
for one vehicle line per model 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 its new Audi
A3 vehicle line. VW will install its
Issued in Washington, DC, on March 9,
passive, transponder-based, electronic
2009.
immobilizer antitheft device as standard
Neil Moyer,
equipment on its Audi A3 vehicle line
Chief, Intercity Passenger Rail Analysis
beginning with MY 2010. Key
Division.
components of the antitheft device will
[FR Doc. E9–5513 Filed 3–12–09; 8:45 am]
include a passive immobilizer, an
BILLING CODE 4910–06–P
immobilizer control unit, a mechanical
ignition lock with immobilizer reading
DEPARTMENT OF TRANSPORTATION coil, an adapted ignition key, and an
engine control unit. The antitheft device
will not include an audible or visible
National Highway Traffic Safety
alarm feature as standard equipment.
Administration
VW’s submission is considered a
Petition for Exemption From the
complete petition as required by 49 CFR
Vehicle Theft Prevention Standard;
543.7, in that it meets the general
Volkswagen
requirements contained in 543.5 and the
specific content requirements of 543.6.
AGENCY: National Highway Traffic
VW stated that once the driver/
Safety Administration (NHTSA),
operator turns on the ignition, the key
Department of Transportation (DOT).
transponder sends a fixed code to the
ACTION: Grant of petition for exemption.
immobilizer control unit. If this is
identified as the correct code, a variable
SUMMARY: This document grants in full
code is generated in the immobilizer
the petition of Volkswagen Group of
control unit and sent to the transponder.
America (VW) in accordance with
A secret arithmetic process is then
543.9(c)(2) of 49 CFR part 543,
started in the transponder and the
Exemption from the Theft Prevention
control unit according to a set of
Standard, for the Audi A3 vehicle line
specific equations. The results of the
beginning with model year (MY) 2010.
computing process is evaluated in the
This petition is granted because the
agency has determined that the antitheft control unit and if they tally, the vehicle
key is acknowledged as correct. The
device to be placed on the line as
engine control unit then sends a
standard equipment is likely to be as
variable code to the immobilizer control
effective in reducing and deterring
unit, enabling start up of the vehicle.
motor vehicle theft as compliance with
VW stated that a new variable code is
the parts-marking requirements of the
generated each time during this secret
Theft Prevention Standard.
computing process. Therefore, VW
DATES: The exemption granted by this
believes that the code is undecipherable
notice is effective beginning with model and impossible to duplicate.
year (MY) 2010.
In addressing the specific content
FOR FURTHER INFORMATION CONTACT: Ms.
requirements of 543.6, VW provided
Carlita Ballard, Office of International
information on the reliability and
Policy, Fuel Economy and Consumer
durability of its proposed device. To
Programs, NHTSA, 1200 New Jersey
ensure reliability and durability of the
Avenue, SE., West Building, W43–439,
device, VW conducted tests based on its
Washington, DC 20590. Ms. Ballard’s
own specified standards. VW provided
phone number is (202) 366–0846. Her
a detailed list of the tests conducted
fax number is (202) 493–2990.
(i.e., electrical system temperature
stability, mechanical integrity, electrical
SUPPLEMENTARY INFORMATION: In a
performance, environmental
petition dated November 10, 2008, VW
compatibility and service life) and
requested an exemption from the partsbelieves that the device is reliable and
marking requirements of the Theft
durable since the device complied with
Prevention Standard (49 CFR part 541)
its specific requirements for each test.
for the Audi A3 vehicle line beginning
Additionally, VW stated that after
with MY 2010. The petition requested
adapting in the electronic module of the
an exemption from parts-marking
pursuant to 49 CFR part 543, Exemption key transponder has been initiated, a
from Vehicle Theft Prevention Standard, pairing between the key and the
sroberts on PROD1PC70 with NOTICES
FOR FURTHER INFORMATION CONTACT: Neil
E. Moyer, Chief, Intercity Passenger Rail
Analysis Division, U.S. Department of
Transportation, Federal Railroad
Administration (e-mail
Neil.Moyer@dot.gov; telephone 202–
493–6365); or Ed Courtemanch, Sr.
Principal, Operations Service Planning,
Amtrak (e-mail CourteE@amtrak.com;
telephone 202–906–3249).
VerDate Nov<24>2008
17:55 Mar 12, 2009
Jkt 217001
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
immobilizer occurs at which point the
key can no longer be used for any other
immobilizer.
In supplementary information
submitted to the agency on January 12,
2009, VW stated that since the Audi A3
has only been equipped with a standard
immobilizer and alarm since its
introduction in MY 2006, there is no
comparative Audi data available for the
Audi A3 without an immobilizer. VW
also stated that the agency’s MY 2006
theft data published in the Federal
Register on October 14, 2008, reported
that the Audi A3 had a theft rate of
1.0751 which is below the median. VW
also provided data on the theft
reduction benefits experienced by other
vehicle lines installed with immobilizer
devices that have recently been granted
petitions for exemptions by the agency.
VW has concluded that the antitheft
device proposed for its Audi A3 vehicle
line is no less effective than those
devices in the lines for which NHTSA
has already granted full exemption from
the parts-marking requirements. 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.
Based on the evidence submitted by
VW, the agency believes that the
antitheft device for the Audi A3 vehicle
line is likely to be as effective in
reducing and deterring motor vehicle
theft as compliance with the partmarking requirements of the Theft
Prevention Standard.
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 A3 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.
The agency concludes that the device
will provide four of the five types of
performance listed in 543.6(a)(3):
Promoting activation; 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.
E:\FR\FM\13MRN1.SGM
13MRN1
Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices
For the foregoing reasons, the agency
hereby grants in full VW’s petition for
exemption for the Audi A3 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 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, part
543.9(c)(2) provides for the submission
S.P No.
S.P No.
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 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 10, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9–5477 Filed 3–12–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
10985
ACTION: Notice of actions on Special
Permit Applications.
SUMMARY: In accordance with the
procedures governing the application
for, and the processing of, special
permits from the Department of
Transportation’s Hazardous Material
Regulations (49 CFR Part 107, Subpart
B), notice is hereby given of the actions
on special permits applications in (June
to March 2009). The mode of
transportation involved are identified by
a number in the ‘‘Nature of
Application’’ portion of the table below
as follows: 1—Motor vehicle, 2—Rail
freight, 3—Cargo vessel, 4—Cargo
aircraft only, 5 Passenger-carrying
aircraft. Application numbers prefixed
by the letters EE represent applications
for Emergency Special Permits. It
should be noted that some of the
sections cited were those in effect at the
time certain special permits were
issued.
Issued in Washington, DC, on March 3,
2009.
Delmer F. Billings,
Director, Office of Hazardous Materials,
Special Permits and Approvals.
Pipeline and Hazardous Materials
Safety Administration
Office of Hazardous Materials Safety;
Actions on Special Permit Applications
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
Applicant
Regulation(s)
Nature of special permit thereof
MODIFICATION SPECIAL PERMIT GRANTED
...........................
14488–M ......
49 CFR 173.158(f)(3) .....
PHMSA–08–0190 ..
PurePak Technology,
Chandler, AZ.
Sanofi Pasteur,
Swiftwater, PA.
13133–M ......
RSPA–02–13796 ...
Department of Energy,
Albuquerque, NM.
14694–M ......
PHMSA–08–0113 ..
Department of Defense,
Scott AFB, IL.
12155–M ......
sroberts on PROD1PC70 with NOTICES
14656–M ......
...........................
S&C Electric Company,
Chicago, IL.
11379–M ......
...........................
14576–M ......
...........................
TRW Occupant Safety
Systems, Washington,
MI.
Structural Composites Industries (SCI), Pomona, CA.
49 CFR 172.320;
173.54(a); 173.56(b);
173.57; 173.58; 173.62.
49 CFR 173.62 ............... To reissue the special permit originally issued on
an emergency basis for the transportation in
commerce of certain equipment contaminated
with explosives in non-DOT specification packaging.
49 CFR 172.301(c);
To modify the special permit to remove the
173.304.
placarding requirement when transporting by
motor vehicle.
49 CFR 173.301(h),
To modify the special permit to allow the transpor173.302.
tation in commerce of an additional Division
1.4G and Division 2.2 material.
49 CFR 173.302a and
To modify the special permit to authorize an in173.304a.
crease in the maximum water volume from 300
liters to 315 liters.
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17:55 Mar 12, 2009
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49 CFR 173.24(b)(1) ......
Fmt 4703
Sfmt 4703
To modify the special permit to authorize a smaller
Corporation outer packaging.
To reissue the special permit originally issued on
an emergency basis for the transportation in
commerce of an influenza vaccine in a custom
stainless steel batch reactor and to allow for renewal.
To modify the special permit to remove the sample limitation.
E:\FR\FM\13MRN1.SGM
13MRN1
]]>Agencies
[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Notices]
[Pages 10984-10985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5477]
-----------------------------------------------------------------------
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 543.9(c)(2) of 49 CFR part 543,
Exemption from the Theft Prevention Standard, for the Audi A3 vehicle
line beginning with model year (MY) 2010. 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) 2010.
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)
493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated November 10, 2008, VW
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard (49 CFR part 541) for the Audi A3 vehicle line
beginning with MY 2010. 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 an
exemption for one vehicle line per model 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 its new Audi
A3 vehicle line. VW will install its passive, transponder-based,
electronic immobilizer antitheft device as standard equipment on its
Audi A3 vehicle line beginning with MY 2010. Key components of the
antitheft device will include a passive immobilizer, an immobilizer
control unit, a mechanical ignition lock with immobilizer reading coil,
an adapted ignition key, and an engine control unit. The antitheft
device will not include an audible or visible alarm feature as standard
equipment. 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 once the driver/operator turns on the ignition, the
key transponder sends a fixed code to the immobilizer control unit. If
this is identified as the correct code, a variable code is generated in
the immobilizer control unit and sent to the transponder. A secret
arithmetic process is then started in the transponder and the control
unit according to a set of specific equations. The results of the
computing process is evaluated in the control unit and if they tally,
the vehicle key is acknowledged as correct. The engine control unit
then sends a variable code to the immobilizer control unit, enabling
start up of the vehicle. VW stated that a new variable code is
generated each time during this secret computing process. Therefore, VW
believes that the code is undecipherable and impossible to duplicate.
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 (i.e., electrical system
temperature stability, mechanical integrity, electrical performance,
environmental compatibility and service life) and believes that the
device is reliable and durable since the device complied with its
specific requirements for each test. Additionally, VW stated that after
adapting in the electronic module of the key transponder has been
initiated, a pairing between the key and the immobilizer occurs at
which point the key can no longer be used for any other immobilizer.
In supplementary information submitted to the agency on January 12,
2009, VW stated that since the Audi A3 has only been equipped with a
standard immobilizer and alarm since its introduction in MY 2006, there
is no comparative Audi data available for the Audi A3 without an
immobilizer. VW also stated that the agency's MY 2006 theft data
published in the Federal Register on October 14, 2008, reported that
the Audi A3 had a theft rate of 1.0751 which is below the median. VW
also provided data on the theft reduction benefits experienced by other
vehicle lines installed with immobilizer devices that have recently
been granted petitions for exemptions by the agency. VW has concluded
that the antitheft device proposed for its Audi A3 vehicle line is no
less effective than those devices in the lines for which NHTSA has
already granted full exemption from the parts-marking requirements. 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.
Based on the evidence submitted by VW, the agency believes that the
antitheft device for the Audi A3 vehicle line is likely to be as
effective in reducing and deterring motor vehicle theft as compliance
with the part-marking requirements of the Theft Prevention Standard.
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 A3 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.
The agency concludes that the device will provide four of the five
types of performance listed in 543.6(a)(3): Promoting activation;
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.
[[Page 10985]]
For the foregoing reasons, the agency hereby grants in full VW's
petition for exemption for the Audi A3 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 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, part 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 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 10, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9-5477 Filed 3-12-09; 8:45 am]
BILLING CODE 4910-59-P
