Notice of Meeting, 4196-4197 [2013-01017]
Download as PDF
<![CDATA[
mstockstill on DSK4VPTVN1PROD with
4196
Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Notices
In its submission, MBUSA stated that
a locking/unlocking function is also
incorporated into the device. The
unlocking signal from the remote key
sends a message to the vehicle’s central
electronic control unit and a permanent
code is verified and compared to the
stored code in the Signal Acquisition
Module (SAM). MBUSA stated that
when both codes match, the locking
system will unlock the doors, tailgate
and fuel filler cover.
In addressing the specific content
requirements of 543.6, MBUSA
provided information on the reliability
and durability of its proposed device.
To ensure reliability and durability of
the immobilizer device, MBUSA
conducted performance tests based on
the Economic Commission for Europe’s
specified standards. MBUSA provided a
detailed list of the tests conducted and
believes that the device is reliable and
durable because the device complied
with the specified requirements for each
test. MBUSA also stated that it believes
that the immobilizer device offered on
the NGCC Line Chassis vehicle will be
at least as effective as compliance with
the parts-marking requirements of the
theft prevention standard and as
effective in deterring theft as it has been
in other MBUSA vehicle lines for which
theft data has been published. MBUSA
submitted theft rate data published by
the agency comparing its proposed
device to antitheft devices already
installed in the Audi A3, Audi A4, and
the Volkswagen Passat vehicle lines.
MBUSA referenced theft data
published by the agency showing that
the average theft rate for the Audi A3
with an immobilizer was 1.4875 in MY/
CY 2008 and 1.3294 in MY/CY 2009.
MBUSA stated that it believes that this
data also indicates that the immobilizer
device was effective in contributing to a
10.6% reduction in the theft rate of the
Audi A3 vehicle line. MBUSA also
referenced theft rate data published by
the agency for the Audi A4 and
Volkswagen Passat vehicle lines (with
an immobilizer) which showed a theft
rate of 1.1317 and 0.6007 for MY/CYs
2008 and 2009 for the AudiA4 and
0.8197 and 0.5110 for MY/CY’s 2008
and 2009 for the Volkswagen Passat
respectively.
MBUSA stated that its proposed
device is also functionally similar to the
antitheft devices installed on the
Mercedes-Benz S-Class, E-Class, CClass, SL-Class and SLK Class chassis
vehicles which the agency has already
exempted from the parts marking
requirements. In its submission,
MBUSA concluded that lower theft rates
could be expected from vehicles
equipped with immobilizer devices as
VerDate Mar<15>2010
16:52 Jan 17, 2013
Jkt 229001
standard equipment. MBUSA stated that
the data indicated its immobilizer
device was effective in contributing to
an average reduction of 31.8% in the
theft rate of the SL-Line Chassis when
theft rates for the vehicle line dropped
from 1.0460 (CY 2007) to 0.7938 (CY
2009).
Based on the supporting evidence
submitted by MBUSA on the device, the
agency believes that the antitheft device
for the NGCC Line Chassis vehicle line
is likely to be as effective in reducing
and deterring motor vehicle theft as
compliance with the parts-marking
requirements of the Theft Prevention
Standard (49 CFR part 541). The agency
concludes that the device will provide
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.
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 MBUSA has provided
adequate reasons for its belief that the
antitheft device for the MBUSA new
vehicle line is likely to be as effective
in reducing and deterring motor vehicle
theft as compliance with the partsmarking requirements of the Theft
Prevention Standard (49 CFR part 541).
This conclusion is based on the
information MBUSA provided about its
device.
For the foregoing reasons, the agency
hereby grants in full MBUSA’s petition
for exemption for the NGCC Line
Chassis vehicle line from the partsmarking requirements of 49 CFR part
541, beginning with the 2014 model
year vehicles. 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
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
requirements of the Theft Prevention
Standard.
If MBUSA 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
component parts and replacement
parts).
NHTSA notes that if MBUSA 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: January 11, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2013–00997 Filed 1–17–13; 8:45 am]
BILLING CODE 4910–59–P
UNITED STATES INSTITUTE OF
PEACE
Notice of Meeting
United States Institute of Peace.
Thursday, January 24, 2013
(9:00 a.m.–3:30 p.m.).
LOCATION: 2301 Constitution Avenue
NW., Washington, DC 20037.
STATUS: Open Session—Portions may be
closed pursuant to Subsection (c) of
Section 552(b) of Title 5, United States
Code, as provided in subsection
1706(h)(3) of the United States Institute
of Peace Act, Public Law 98–525.
AGENCY:
DATE/TIME:
E:\FR\FM\18JAN1.SGM
18JAN1
Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Notices
January 24, 2013 Board
Meeting; Approval of Minutes of the
One Hundred Forty-Fifth Meeting
(October 24, 2012) of the Board of
Directors; Chairman’s Report;
President’s Report; Status Reports on
Libya Trip, USIP work on the Rule of
Law-Libya, Transition in Iraq, Update
on Egypt; Congressional Overview;
Strategic Plan; Board Executive Session;
Other General Issues.
CONTACT: Tessie F. Higgs, Executive
Office, Telephone: (202) 429–3836.
AGENDA:
Dated: January 11, 2013.
Michael Graham,
Senior Vice President for Management,
United States Institute of Peace.
[FR Doc. 2013–01017 Filed 1–17–13; 8:45 am]
BILLING CODE 6820–AR–M
UNITED STATES SENTENCING
COMMISSION
Sentencing Guidelines for United
States Courts
United States Sentencing
Commission.
ACTION: Notice of proposed amendments
to sentencing guidelines, policy
statements, and commentary. Request
for public comment, including public
comment regarding retroactive
application of any of the proposed
amendments. Notice of public hearing.
AGENCY:
Pursuant to section 994(a),
(o), and (p) of title 28, United States
Code, the United States Sentencing
Commission is considering
promulgating certain amendments to the
sentencing guidelines, policy
statements, and commentary. This
notice sets forth the proposed
amendments and, for each proposed
amendment, a synopsis of the issues
addressed by that amendment. This
notice also sets forth a number of issues
for comment, some of which are set
forth together with the proposed
amendments; some of which are set
forth independent of any proposed
amendment; and one of which
(regarding retroactive application of
proposed amendments) is set forth in
the SUPPLEMENTARY INFORMATION portion
of this notice.
The proposed amendments and issues
for comment in this notice are as
follows: (1) A proposed amendment to
§ 2B1.1 (Theft, Property Destruction,
and Fraud) regarding offenses involving
pre-retail medical products to
implement the directive in the SAFE
DOSES Act, Public Law 112–186
(October 5, 2012), and a related issue for
comment; (2) an issue for comment on
mstockstill on DSK4VPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
16:52 Jan 17, 2013
Jkt 229001
the directive in section 3 of the Foreign
and Economic Espionage Penalty
Enhancement Act of 2012, Public Law
112–ll, relating to offenses involving
stolen trade secrets or economic
espionage; (3) proposed changes to the
guidelines applicable to offenses
involving counterfeit or adulterated
drugs or counterfeit military parts,
including (A) a proposed amendment on
offenses involving counterfeit military
goods and services, including options to
amend § 2B5.3 (Criminal Infringement
of Copyright or Trademark) or Appendix
A (Statutory Index) with respect to such
offenses to address the statutory changes
to 18 U.S.C. 2320 made by section 818
of the National Defense Authorization
Act for Fiscal Year 2012, Public Law
112–81 (December 31, 2011); (B) a
proposed amendment on offenses
involving counterfeit drugs, including
options to amend § 2B5.3 or Appendix
A with respect to such offenses to
address the statutory changes to 18
U.S.C. 2320, and to implement the
directive to the Commission, in section
717 of the Food and Drug
Administration Safety and Innovation
Act, Public Law 112–144 (July 9, 2012);
and (C) a proposed amendment on
offenses involving adulterated drugs,
including options to amend § 2N2.1
(Violations of Statutes and Regulations
Dealing With Any Food, Drug,
Biological Product, Device, Cosmetic,
Agricultural Product, or Consumer
Product) or Appendix A with respect to
such offenses to address the statutory
changes to 21 U.S.C. 333 in section 716
of such Act; and related issues for
comment; (4) a proposed amendment to
§ 2T1.1 (Tax Evasion; Willful Failure to
File Return, Supply Information, or Pay
Tax; Fraudulent or False Returns,
Statements, or Other Documents) to
respond to a circuit conflict over
whether a sentencing court, in
calculating the tax loss in a tax case,
may subtract the unclaimed deductions
that the defendant legitimately could
have claimed if he or she had filed an
accurate tax return, and related issues
for comment; (5) a proposed amendment
and issues for comment in response to
two circuit conflicts relating to the
circumstances under which the
defendant is eligible for a third level of
reduction under subsection (b) of
§ 3E1.1 (Acceptance of Responsibility),
including (A) a proposed amendment to
§ 3E1.1 to respond to a circuit conflict
over whether the court has discretion to
deny the third level of reduction when
the government has filed the motion
described in subsection (b), which
would recognize that the court does
have such discretion; and (B) an issue
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
4197
for comment on a circuit conflict over
whether the government has discretion
to withhold making a motion under
subsection (b) when there is no
evidence that the government was
required to prepare for trial; (6) a
proposed amendment to § 5G1.3
(Imposition of a Sentence on a
Defendant Subject to an Undischarged
Term of Imprisonment) to respond to
Setser v. United States, ll U.S. ll
(March 28, 2012), which held that a
federal court in imposing sentence
generally has discretion to order that the
sentence run consecutive to (or
concurrently with) an anticipated, but
not yet imposed, term of imprisonment;
and (7) a proposed amendment and
related issue for comment in response to
miscellaneous issues arising from
legislation recently enacted and to
address technical and stylistic issues in
the guidelines, including (A) proposed
changes to Appendix A (Statutory
Index) to address certain criminal
provisions in the Federal Aviation
Administration Modernization and
Reform Act of 2012, Public Law 112–95
(February 14, 2012); the Child
Protection Act of 2012, Public Law 112–
206 (December 7, 2012); the Federal
Restricted Buildings and Grounds
Improvement Act of 2011, Public Law
112–98 (March 8, 2012); and the
Ultralight Aircraft Smuggling
Prevention Act of 2012, Public Law
112–93 (February 10, 2012); (B) a
proposed change to Appendix A
(Statutory Index) to address offenses
under 18 U.S.C. 554; (C) proposed
changes to guidelines in Chapter Two,
Part J (Offenses Involving the
Administration of Justice) to address an
application issue involving the
interaction of those guidelines with
adjustments in Chapter Three, Part C
(Obstruction and Related Adjustments);
and (D) technical and stylistic changes.
DATES:
(1) Written Public Comment.—Written
public comment regarding the proposed
amendments and issues for comment set
forth in this notice, including public
comment regarding retroactive
application of any of the proposed
amendments, should be received by the
Commission not later than March 19,
2013.
(2) Public Hearing.—The Commission
plans to hold a public hearing regarding
the proposed amendments and issues
for comment set forth in this notice.
Further information regarding the
public hearing, including requirements
for testifying and providing written
testimony, as well as the location, time,
and scope of the hearing, will be
E:\FR\FM\18JAN1.SGM
18JAN1
]]>Agencies
[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Notices]
[Pages 4196-4197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01017]
=======================================================================
-----------------------------------------------------------------------
UNITED STATES INSTITUTE OF PEACE
Notice of Meeting
AGENCY: United States Institute of Peace.
Date/Time: Thursday, January 24, 2013 (9:00 a.m.-3:30 p.m.).
Location: 2301 Constitution Avenue NW., Washington, DC 20037.
Status: Open Session--Portions may be closed pursuant to Subsection (c)
of Section 552(b) of Title 5, United States Code, as provided in
subsection 1706(h)(3) of the United States Institute of Peace Act,
Public Law 98-525.
[[Page 4197]]
Agenda: January 24, 2013 Board Meeting; Approval of Minutes of the One
Hundred Forty-Fifth Meeting (October 24, 2012) of the Board of
Directors; Chairman's Report; President's Report; Status Reports on
Libya Trip, USIP work on the Rule of Law-Libya, Transition in Iraq,
Update on Egypt; Congressional Overview; Strategic Plan; Board
Executive Session; Other General Issues.
Contact: Tessie F. Higgs, Executive Office, Telephone: (202) 429-3836.
Dated: January 11, 2013.
Michael Graham,
Senior Vice President for Management, United States Institute of Peace.
[FR Doc. 2013-01017 Filed 1-17-13; 8:45 am]
BILLING CODE 6820-AR-M
