Petition for Exemption From the Vehicle Theft Prevention Standard; Volkswagen Group of America, Inc., 50489-50491 [2013-19987]

Download as PDF 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. TKELLEY on DSK3SPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 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 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 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: E:\FR\FM\19AUN1.SGM 19AUN1 TKELLEY on DSK3SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 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 PO 00000 Frm 00118 Fmt 4703 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 E:\FR\FM\19AUN1.SGM 19AUN1 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 TKELLEY on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 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 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 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. E:\FR\FM\19AUN1.SGM 19AUN1

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]


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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