Notice of Meeting, 4196-4197 [2013-01017]

Download as PDF 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]


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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