Petition for Exemption From the Vehicle Theft Prevention Standard; Volkswagen Group of America, Inc., 50489-50491 [2013-19987]
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Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Notices
Donald G. Staggs
Mr. Staggs, 51, has had ITDM since
2009. His endocrinologist examined him
in 2013 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Staggs understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Staggs meets the vision
requirements of 49 CFR 391.41(b)(10).
His optometrist examined him in 2013
and certified that he does not have
diabetic retinopathy. He holds a Class C
operator’s license from California.
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Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
in the date section of the notice.
FMCSA notes that section 4129 of the
Safe, Accountable, Flexible and
Efficient Transportation Equity Act: A
Legacy for Users requires the Secretary
to revise its diabetes exemption program
established on September 3, 2003 (68 FR
52441).1 The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) Elimination
of the requirement for 3 years of
experience operating CMVs while being
treated with insulin; and (2)
establishment of a specified minimum
period of insulin use to demonstrate
stable control of diabetes before being
allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year
driving experience and fulfilled the
requirements of section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
achieve the requisite level of safety
1 Section 4129(a) refers to the 2003 notice as a
‘‘final rule.’’ However, the 2003 notice did not issue
a ‘‘final rule’’ but did establish the procedures and
standards for issuing exemptions for drivers with
ITDM.
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17:51 Aug 16, 2013
Jkt 229001
required of all exemptions granted
under 49 USC. 31136(e).
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
limited operating, monitoring and
medical requirements that are deemed
medically necessary.
The FMCSA concluded that all of the
operating, monitoring and medical
requirements set out in the September 3,
2003 notice, except as modified, were in
compliance with section 4129(d).
Therefore, all of the requirements set
out in the September 3, 2003 notice,
except as modified by the notice in the
Federal Register on November 8, 2005
(70 FR 67777), remain in effect.
Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2013–0182 and click the search
button. When the new screen appears,
click on the blue ‘‘Comment Now!’’
button on the right hand side of the
page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period and may change this proposed
rule based on your comments. FMCSA
may issue a final rule at any time after
the close of the comment period.
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
to submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2013–0182 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
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50489
comments related to the proposed
rulemaking.
Issued on: August 8, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–20009 Filed 8–16–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Vehicle Theft Prevention Standard;
Volkswagen Group of America, Inc.
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
AGENCY:
This document grants in full
the Volkswagen Group of America,
Inc.’s (Volkswagen) petition for
exemption of the Audi confidential
vehicle line in accordance with 49 CFR
part 543, Exemption from the Theft
Prevention Standard. 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 partsmarking requirements of the Theft
Prevention Standard, 49 CFR part 541,
Federal Motor Vehicle Theft Prevention
Standard. Volkswagen requested
confidential treatment for specific
information in its petition. The agency
will address Volkswagen’s request for
confidential treatment by separate letter.
DATES: The exemption granted by this
notice is effective beginning with the
2015 model year.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah Mazyck, Office of International
Policy, Fuel Economy and Consumer
Programs, NHTSA, West Building,
W43–443, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Ms. Mazyck’s
phone number is (202) 366–4139. Her
fax number is (202) 493–2990.
SUPPLEMENTARY INFORMATION: In a
petition dated April 9, 2013,
Volkswagen requested an exemption
from the parts-marking requirements of
the Theft Prevention Standard (49 CFR
part 541) for the new MY 2015 Audi
vehicle line. The petition requested an
exemption from parts-marking
requirement 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.
SUMMARY:
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19AUN1
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50490
Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Notices
Under 49 CFR part 543.5(a), a
manufacturer may petition NHTSA to
grant an exemption for one vehicle line
per model year. In its petition,
Volkswagen provided a detailed
description and diagram of the identity,
design, and location of the components
of the antitheft device for its Audi
vehicle line. Volkswagen will install its
transponder-based electronic engine
immobilizer antitheft device as standard
equipment on its Audi vehicle line
beginning with MY 2015. Volkswagen
stated that its immobilizer device is
aimed to actively incorporate the engine
control unit into the evaluation and
monitoring process. Key components of
the antitheft device will include a
passive immobilizer, a warning message
indicator, a transponder ignition key
(key fob), an engine control unit and an
immobilizer control unit. Volkswagen
stated that its Audi vehicle line will also
be available with an optional keyless
entry and locking control, and a keyless
start feature. Volkswagen stated that the
keyless entry and locking control uses a
transponder key that allows the doors to
be locked by touching a button on the
outside door handle of the vehicle door,
or to be opened by touching the outside
door handle when the key fob is near
the door. Volkswagen also stated that its
antitheft device will include an audible
and visible alarm system as standard
equipment. Volkswagen’s submission is
considered a complete petition as
required by 49 CFR 543.7, in that it
meets the general requirements
contained in 49 CFR 543.5 and the
specific content requirements of 49 CFR
543.6. Volkswagen stated that the
immobilizer is activated automatically
after the key is removed from the
ignition lock, or for the keyless system,
after the key fob is removed from the
vehicle (i.e., ignition off). Deactivation
of the immobilizer device occurs when
the ignition is turned on or the key
transponder is recognized by the
immobilizer control unit. 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 according to a set of specific
equations. The results of the computing
process are evaluated in the control unit
and if verified, the vehicle key is
acknowledged as correct. The engine
control unit then sends a variable code
to the immobilizer control unit. If all the
data matches, start-up of the vehicle is
enabled. Volkswagen stated that a new
variable code is generated every time
the immobilizer goes through the secret
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17:51 Aug 16, 2013
Jkt 229001
computing process. Therefore,
Volkswagen believes that the code is
undecipherable.
Volkswagen also informed the agency
that the antitheft device will also
include an audible and visible alarm
feature as standard equipment. When
the alarm system is activated, the horn
will sound and the vehicle’s exterior
lights will flash when unauthorized
entry is attempted by opening the hood,
doors or luggage compartment. The
antitheft alarm system is also activated
when the vehicle is locked by pressing
the lock button on the remote control
vehicle key. Deactivation of the alarm
system is performed by opening the
vehicle with the key fob, using the
mechanical key in the driver’s door lock
cylinder or opening the vehicle using
the keyless entry and locking control.
In addressing the specific content
requirements of 49 CFR 543.6,
Volkswagen provided information on
the reliability and durability of its
proposed device. To ensure reliability
and durability of the device,
Volkswagen stated that the antitheft
device has been tested for compliance to
its corporate requirements, including
those for electrical and electronic
assemblies in motor vehicles related to
performance.
In support of its belief that its
antitheft device will be as or more
effective in reducing and deterring
vehicle theft than the parts-marking
requirement, Volkswagen referenced the
effectiveness of immobilizer devices
installed on other vehicles for which
NHTSA has granted exemptions.
Specifically, Volkswagen referenced
information from the Highway Loss Data
Institute which showed that 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. Additionally, Volkswagen
stated that the proposed device is
similar to the antitheft device installed
on its Audi A3 vehicle line which was
granted an exemption by the agency on
March 13, 2009 (see 74 FR 10984).
Using an average of 2 MYs’ data (2010
and preliminary 2011), the theft rate for
the Audi A3 vehicle line was 1.1785,
which is significantly lower than the
median.
Based on the supporting evidence
submitted by Volkswagen on the device,
the agency believes that the antitheft
device for the Audi vehicle line will
likely 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
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Sfmt 4703
concludes that the device will provide
the five types of performance listed in
49 CFR 543.6(a)(3): promoting
activation; attracting attention to the
efforts of an unauthorized person to
enter or move 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 Volkswagen has provided
adequate reasons for its belief that the
antitheft device for the Volkswagen
Audi 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 Volkswagen provided about
its device.
For the foregoing reasons, the agency
hereby grants in full Volkswagen’s
petition for exemption for the
Volkswagen Audi vehicle line from the
parts-marking requirements of 49 CFR
part 541, beginning with the 2015 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
requirements of the Theft Prevention
Standard.
If Volkswagen 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 Volkswagen
wishes in the future to modify the
device on which this exemption is
based, the company may have to submit
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Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Notices
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.
Dated: July 29, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[Signature page, Grant of Petition for
Exemption, 2015 VW AudiConfidential]
[FR Doc. 2013–19987 Filed 8–16–13; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Information Collection
Renewal; Comment Request;
Licensing Manual
Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: Notice and request for
comment.
AGENCY:
The OCC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on an information collection
renewal, as required by the Paperwork
Reduction Act of 1995 (PRA).
An agency may not conduct or
sponsor, and a respondent is not
required to respond to, an information
collection unless it displays a currently
valid OMB control number. Under the
PRA, Federal agencies are required to
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SUMMARY:
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17:51 Aug 16, 2013
Jkt 229001
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of an existing collection of
information, and to allow 60 days for
public comment in response to the
notice.
The OCC is soliciting comment
concerning its information collection
titled, ‘‘Comptroller’s Licensing
Manual.’’
DATES: You should submit written
comments by October 18, 2013.
ADDRESSES: Because paper mail in the
Washington, DC area and at the OCC is
subject to delay, commenters are
encouraged to submit comments by
email if possible. Comments may be
sent to: Legislative and Regulatory
Activities Division, Office of the
Comptroller of the Currency, Attention:
1557–0014, 400 7th Street SW., Suite
3E–218, Mail Stop 9W–11, Washington,
DC 20219. In addition, comments may
be sent by fax to (571) 465–4326 or by
electronic mail to regs.comments@
occ.treas.gov. You may personally
inspect and photocopy comments at the
OCC, 400 7th Street SW., Washington,
DC 20219. For security reasons, the OCC
requires that visitors make an
appointment to inspect comments. You
may do so by calling (202) 649–6700.
Upon arrival, visitors will be required to
present valid government-issued photo
identification and to submit to security
screening in order to inspect and
photocopy comments.
All comments received, including
attachments and other supporting
materials, are part of the public record
and subject to public disclosure. Do not
enclose any information in your
comment or supporting materials that
you consider confidential or
inappropriate for public disclosure.
FOR FURTHER INFORMATION CONTACT: You
can request additional information or a
copy of the collection from Johnny
Vilela or Mary H. Gottlieb, OCC
Clearance Officers, (202) 649–5490,
Legislative and Regulatory Activities
Division, Office of the Comptroller of
the Currency, 400 7th Street SW.,
Washington, DC 20219.
SUPPLEMENTARY INFORMATION: The OCC
is requesting an extension, without
change, of the following information
collection:
Title: Comptroller’s Licensing
Manual.
OMB Number: 1557–0014.
Description: This submission covers
an existing manual and involves no
change to the manual or to the
information collection requirements.
The information collection requirements
ensure that national banks and Federal
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50491
savings associations conduct their
operations in a safe and sound manner
and in accordance with applicable
Federal banking statutes and
regulations. The information is
necessary for regulatory and
examination purposes.
The Comptroller’s Licensing Manual
(Manual) sets forth the OCC’s policies
and procedures for the formation of a
new national bank, Federal savings
association, or Federal branch or
agency; entry into the Federal banking
system by other institutions; and
corporate expansion and structural
changes by existing national banks and
Federal savings associations. The
Manual includes sample documents to
assist the respondent in understanding
the types of information the OCC needs
in order to process a filing. An applicant
may use the format of the sample
documents or any other format that
provides sufficient information for the
OCC to act on a particular filing,
including for national banks, the OCC’s
e-Corp filing system.
Type of Review: Regular.
Affected Public: Individuals or
households; Businesses or other forprofit.
Estimated Number of Respondents:
3,831.
Estimated Total Annual Responses:
3,831.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
12,174 hours.
Comments submitted in response to
this notice will be summarized and
included in the request for OMB
approval. All comments will become a
matter of public record. Comments are
invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information has practical utility;
(b) The accuracy of the agency’s
estimate of the burden of the collection
of information;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burden of
the collection on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and
(e) Estimates of capital or startup costs
and costs of operation, maintenance,
and purchase of services to provide
information.
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]]>Agencies
[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50489-50491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19987]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; Volkswagen Group of America, Inc.
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
-----------------------------------------------------------------------
SUMMARY: This document grants in full the Volkswagen Group of America,
Inc.'s (Volkswagen) petition for exemption of the Audi confidential
vehicle line in accordance with 49 CFR part 543, Exemption from the
Theft Prevention Standard. 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, 49 CFR part 541, Federal
Motor Vehicle Theft Prevention Standard. Volkswagen requested
confidential treatment for specific information in its petition. The
agency will address Volkswagen's request for confidential treatment by
separate letter.
DATES: The exemption granted by this notice is effective beginning with
the 2015 model year.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, West
Building, W43-443, 1200 New Jersey Avenue SE., Washington, DC 20590.
Ms. Mazyck's phone number is (202) 366-4139. Her fax number is (202)
493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated April 9, 2013,
Volkswagen requested an exemption from the parts-marking requirements
of the Theft Prevention Standard (49 CFR part 541) for the new MY 2015
Audi vehicle line. The petition requested an exemption from parts-
marking requirement 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.
[[Page 50490]]
Under 49 CFR part 543.5(a), a manufacturer may petition NHTSA to
grant an exemption for one vehicle line per model year. In its
petition, Volkswagen provided a detailed description and diagram of the
identity, design, and location of the components of the antitheft
device for its Audi vehicle line. Volkswagen will install its
transponder-based electronic engine immobilizer antitheft device as
standard equipment on its Audi vehicle line beginning with MY 2015.
Volkswagen stated that its immobilizer device is aimed to actively
incorporate the engine control unit into the evaluation and monitoring
process. Key components of the antitheft device will include a passive
immobilizer, a warning message indicator, a transponder ignition key
(key fob), an engine control unit and an immobilizer control unit.
Volkswagen stated that its Audi vehicle line will also be available
with an optional keyless entry and locking control, and a keyless start
feature. Volkswagen stated that the keyless entry and locking control
uses a transponder key that allows the doors to be locked by touching a
button on the outside door handle of the vehicle door, or to be opened
by touching the outside door handle when the key fob is near the door.
Volkswagen also stated that its antitheft device will include an
audible and visible alarm system as standard equipment. Volkswagen's
submission is considered a complete petition as required by 49 CFR
543.7, in that it meets the general requirements contained in 49 CFR
543.5 and the specific content requirements of 49 CFR 543.6. Volkswagen
stated that the immobilizer is activated automatically after the key is
removed from the ignition lock, or for the keyless system, after the
key fob is removed from the vehicle (i.e., ignition off). Deactivation
of the immobilizer device occurs when the ignition is turned on or the
key transponder is recognized by the immobilizer control unit. 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 according to a set of specific
equations. The results of the computing process are evaluated in the
control unit and if verified, the vehicle key is acknowledged as
correct. The engine control unit then sends a variable code to the
immobilizer control unit. If all the data matches, start-up of the
vehicle is enabled. Volkswagen stated that a new variable code is
generated every time the immobilizer goes through the secret computing
process. Therefore, Volkswagen believes that the code is
undecipherable.
Volkswagen also informed the agency that the antitheft device will
also include an audible and visible alarm feature as standard
equipment. When the alarm system is activated, the horn will sound and
the vehicle's exterior lights will flash when unauthorized entry is
attempted by opening the hood, doors or luggage compartment. The
antitheft alarm system is also activated when the vehicle is locked by
pressing the lock button on the remote control vehicle key.
Deactivation of the alarm system is performed by opening the vehicle
with the key fob, using the mechanical key in the driver's door lock
cylinder or opening the vehicle using the keyless entry and locking
control.
In addressing the specific content requirements of 49 CFR 543.6,
Volkswagen provided information on the reliability and durability of
its proposed device. To ensure reliability and durability of the
device, Volkswagen stated that the antitheft device has been tested for
compliance to its corporate requirements, including those for
electrical and electronic assemblies in motor vehicles related to
performance.
In support of its belief that its antitheft device will be as or
more effective in reducing and deterring vehicle theft than the parts-
marking requirement, Volkswagen referenced the effectiveness of
immobilizer devices installed on other vehicles for which NHTSA has
granted exemptions. Specifically, Volkswagen referenced information
from the Highway Loss Data Institute which showed that 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. Additionally, Volkswagen
stated that the proposed device is similar to the antitheft device
installed on its Audi A3 vehicle line which was granted an exemption by
the agency on March 13, 2009 (see 74 FR 10984). Using an average of 2
MYs' data (2010 and preliminary 2011), the theft rate for the Audi A3
vehicle line was 1.1785, which is significantly lower than the median.
Based on the supporting evidence submitted by Volkswagen on the
device, the agency believes that the antitheft device for the Audi
vehicle line will likely 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 the five types of performance
listed in 49 CFR 543.6(a)(3): promoting activation; attracting
attention to the efforts of an unauthorized person to enter or move 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 Volkswagen has provided adequate reasons for its belief that
the antitheft device for the Volkswagen Audi 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
Volkswagen provided about its device.
For the foregoing reasons, the agency hereby grants in full
Volkswagen's petition for exemption for the Volkswagen Audi vehicle
line from the parts-marking requirements of 49 CFR part 541, beginning
with the 2015 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 requirements of the Theft Prevention
Standard.
If Volkswagen 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 Volkswagen wishes in the future to modify the
device on which this exemption is based, the company may have to submit
[[Page 50491]]
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.
Dated: July 29, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[Signature page, Grant of Petition for Exemption, 2015 VW
AudiConfidential]
[FR Doc. 2013-19987 Filed 8-16-13; 8:45 am]
BILLING CODE 4910-59-P
