48744 Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Notices

‘‘ON’’ ignition status to any other status. stated that it believes that installing the formally notify the agency. If such a The certification ECU then performs the immobilizer device as standard decision is made, the line must be fully calculation for the immobilizer and the equipment reduces the theft rate for the marked according to the requirements immobilizer signals the ECM to activate Avalon vehicle line and expects it to under 49 CFR parts 541.5 and 541.6 the device. Toyota also stated that key experience comparable effectiveness (marking of major component parts and verification is also performed after the and ultimately be more effective than replacement parts). driver pushes the engine switch. parts-marking labels. NHTSA notes that if Toyota wishes in Specifically, after the driver pushes the Based on the supporting evidence the future to modify the device on engine switch, the certification ECU and submitted by Toyota on its device, the which this exemption is based, the steering lock ECU receive confirmation agency believes that the antitheft device company may have to submit a petition of a valid key, and the certification ECU for the Avalon vehicle line is likely to to modify the exemption. Part 543.7(d) allows the ECM to start the engine. be as effective in reducing and deterring states that a Part 543 exemption applies Toyota also stated that in the ‘‘smart motor vehicle theft as compliance with only to vehicles that belong to a line entry and start system’’ installed the parts-marking requirements of the exempted under this part and equipped vehicle, a security indicator notifies the Theft Prevention Standard (49 CFR 541). with the antitheft device on which the users and others inside and outside the The agency concludes that the device line’s exemption is based. Further, Part vehicle with the status of the will provide four of the five types of 543.9(c)(2) provides for the submission immobilizer. Toyota further explained performance listed in § 543.6(a)(3): of petitions ‘‘to modify an exemption to that the security indicator flashes Promoting activation; preventing defeat permit the use of an antitheft device continuously when the immobilizer is or circumvention of the device by similar to but differing from the one activated, and turns off when it is unauthorized persons; preventing specified in that exemption.’’ deactivated. operation of the vehicle by The agency wishes to minimize the unauthorized entrants; and ensuring the Toyota stated that the proposed administrative burden that Part reliability and durability of the device. 543.9(c)(2) could place on exempted antitheft device has also been installed Pursuant to 49 U.S.C. 33106 and 49 as standard equipment on its Avalon vehicle manufacturers and itself. The CFR 543.7 (b), the agency grants a agency did not intend in drafting part vehicle line beginning with its MY 2015 petition for exemption from the parts- vehicles. The theft rate for the MY 2015 543 to require the submission of a marking requirements of Part 541, either modification petition for every change Avalon vehicle line is not available. in whole or in part, if it determines that, However, Toyota compared its proposed to the components or design of an based upon substantial evidence, the antitheft device. The significance of device to other devices NHTSA has standard equipment antitheft device is determined to be as effective in many such changes could be de likely to be as effective in reducing and minimis. Therefore, NHTSA suggests reducing and deterring motor vehicle deterring motor vehicle theft as theft as would compliance with the that if the manufacturer contemplates compliance with the parts-marking making any changes, the effects of parts-marking requirements. Toyota requirements of Part 541. The agency compared its proposed device to that which might be characterized as de finds that Toyota has provided adequate minimis, it should consult the agency which has been installed on the Nissan reasons for its belief that the antitheft Altima and granted a parts-marking before preparing and submitting a device for the Avalon vehicle line is petition to modify. exemption from 49 CFR part 541 by the likely to be as effective in reducing and agency beginning with its MY 2000 deterring motor vehicle theft as Issued in Washington, DC, under authority vehicles. Toyota also referenced the compliance with the parts-marking delegated in 49 CFR 1.95. NHTSA theft rate data published for requirements of the Theft Prevention Raymond R. Posten, several years before and after the Nissan Standard (49 CFR part 541). This Associate Administrator for Rulemaking. Altima was equipped with a standard conclusion is based on the information [FR Doc. 2017–22657 Filed 10–18–17; 8:45 am] immobilizer device. Specifically, Toyota Toyota provided about its device. BILLING CODE 4910–59–P stated that the publication showed that For the foregoing reasons, the agency the average theft rate for the Nissan hereby grants in full Toyota’s petition Altima dropped to 3.0 per 1,000 cars for exemption for the Avalon vehicle DEPARTMENT OF TRANSPORTATION produced between MY’s 2000–2006 line from the parts-marking compared to 5.3 per 1,000 cars requirements of 49 CFR part 541. The National Highway Traffic Safety produced between MY’s 1996–1999. agency notes that 49 CFR part 541, Administration This represents approximately a 43% Appendix A–1, identifies those lines decrease in the theft rate for the Nissan that are exempted from the Theft Petition for Exemption From the Altima vehicle line installed with an Prevention Standard for a given model Federal Motor Vehicle Theft Prevention immobilizer between MY’s 2000–2006 year. 49 CFR part 543.7(f) contains Standard; Nissan North America, Inc. as compared to the Nissan Altima publication requirements incident to the AGENCY: National Highway Traffic vehicle line without an immobilizer disposition of all Part 543 petitions. Safety Administration (NHTSA), between MY’s 1996–1999. The theft Advanced listing, including the release Department of Transportation (DOT). rates for the Nissan Altima vehicle line of future product nameplates, the ACTION: Grant of petition for exemption. using an average of three model years’ beginning model year for which the data (2012–2014) are 2.4207, 1.7598 and petition is granted and a general SUMMARY: This document grants in full 2.1212 respectively, all well below the description of the antitheft device is the Nissan North America, Inc.’s, median theft rate of 3.5826. Therefore, necessary in order to notify law (Nissan) petition for exemption of the Toyota has concluded that the antitheft enforcement agencies of new vehicle Infiniti QX50 vehicle line in accordance device proposed for its Avalon vehicle lines exempted from the parts-marking with the Exemption from the Theft line is no less effective than those requirements of the Theft Prevention Prevention Standard. This petition is devices on the lines for which NHTSA Standard. granted because the agency has has already granted full exemption from If Toyota decides not to use the determined that the antitheft device to the parts-marking requirements. Toyota exemption for this line, it should be placed on the line as standard

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equipment is likely to be as effective in 543.7, in that it meets the general Mustangs (without an immobilizer). reducing and deterring motor vehicle requirements contained in § 543.5 and Nissan also referenced the Highway theft as compliance with the parts- the specific content requirements of Loss Data Institute’s data which marking requirements of the Federal § 543.6. reported that BMW vehicles Motor Vehicle Theft Prevention In addressing the specific content experienced theft loss reductions Standard (Theft Prevention Standard). requirements of 543.6, Nissan provided resulting in a 73% decrease in relative Nissan also requested confidential information on the reliability and claim frequency and a 78% lower treatment for specific information in its durability of its proposed device. Nissan average loss payment per claim for petition. Therefore, no confidential stated that its antitheft device is tested vehicles equipped with an immobilizer. information provided for purposes of for specific parameters to ensure its Additionally, Nissan stated that theft this notice has been disclosed. reliability and durability. Nissan rates for its Pathfinder vehicle line DATES: The exemption granted by this provided a detailed list of the tests experienced reductions from model year notice is applicable beginning with the conducted and believes that the device (MY) 2000 to 2001 and subsequent years 2019 model year (MY). is reliable and durable since the device with implementation of an engine complied with its specified FOR FURTHER INFORMATION CONTACT: Ms. immobilizer device as standard requirements for each test. Nissan Carlita Ballard, Office of International equipment. Specifically, Nissan stated further stated that its immobilizer Policy, Fuel Economy and Consumer that the agency’s theft rate data for MY’s device satisfies the European Directive Programs, National Highway Traffic 2001 through 2006 reported theft rates ECE R116, including tamper resistance. Safety Administration, 1200 New Jersey of 1.9146, 1.8011, 1.1482, 0.8102, 1.7298 Nissan also stated that all control units Avenue SE., West Building, Room W43– and 1.3474 respectively for the Nissan for the device are located inside the 439, Washington, DC 20590. Ms. Pathfinder. vehicle, providing further protection Ballard’s telephone phone number is Nissan compared its device to other from unauthorized accessibility of the (202) 366–5222. Her fax number is (202) similar devices previously granted device from outside the vehicle. exemptions by the agency. Specifically, 493–2990. Nissan stated that activation of its it referenced the agency’s grant of full SUPPLEMENTARY INFORMATION: In a immobilizer device occurs exemptions to General Motors petition dated July 8, 2017, Nissan automatically when the ignition switch Corporation for its Buick Riviera and requested an exemption from the parts- is turned to the ‘‘OFF’’ position which Oldsmobile Aurora vehicle lines (58 FR marking requirements of the Theft then causes the security indicator light 44872, August 25, 1993) and its Cadillac Prevention Standard for the Infiniti to flash notifying the operator that the Seville vehicle line (62 FR 20058, April QX50 vehicle line beginning with MY immobilizer device is activated. Nissan 24, 1997) from the parts-marking 2019. The petition requested an stated that the immobilizer device exemption from parts-marking pursuant prevents normal operation of the vehicle requirements of the theft prevention to 49 CFR part 543, Exemption from without using a specially-designed standard. Nissan stated that it believes Vehicle Theft Prevention Standard, microchip key with a pre-registered that since its device is functionally based on the installation of an antitheft ‘‘Key-ID’’. Nissan also stated that, when equivalent to other comparable device as standard equipment for the the brake and clutch is on and the key manufacturer’s devices that have entire vehicle line. FOB is near the engine start switch, the already been granted parts-marking Under 49 CFR part 543.5(a), a Key-ID is scanned via the immobilizer exemptions by the agency, along with manufacturer may petition NHTSA to antenna. The microchip in the key the evidence of reduced theft rates for grant an exemption for one vehicle line transmits the Key-ID to the BCM, vehicle lines equipped with similar per model year. In its petition, Nissan beginning an encrypted communication devices and advanced technology of provided a detailed description and process. If the Key-ID and encrypted transponder electronic security, the diagram of the identity, design, and code are correct, the ECM will allow the Nissan immobilizer device will have the location of the components of the engine to keep running and the driver potential to achieve the level of antitheft device for the Infiniti QX50 to operate the vehicle. If the Key-ID and effectiveness equivalent to those vehicle line. Nissan stated that the MY encrypted code are not correct, the ECM vehicles already exempted by the 2019 Infiniti QX50 vehicle line will be will cause the engine to shut down. agency. The agency agrees that the installed with a passive, electronic Nissan stated that the proposed device is substantially similar to devices engine immobilizer antitheft device as device is functionally equivalent to the installed on other vehicle lines for standard equipment. Key components of antitheft device installed on the MY which the agency has already granted the antitheft device will include an 2011 Nissan Cube vehicle line which exemptions. engine immobilizer, engine control was granted a parts-marking exemption Based on the supporting evidence module (ECM), body control module by the agency on April 14, 2010 (75 FR submitted by Nissan, the agency (BCM), security indicator light, 19458). The agency notes that the theft believes that the antitheft device for the immobilizer antenna, Key FOB, and a rates for the Nissan Cube using an Infiniti QX50 vehicle line is likely to be specially-designed key with a average of 3 MYs data (2012–2014), are as effective in reducing and deterring microchip. Nissan stated that its 0.3322, 0.6471 and 2.0373 respectively. motor vehicle theft as compliance with vehicle’s security indicator light will be Nissan provided data on the the parts-marking requirements of the a warning to a potential thief, and an effectiveness of the antitheft device Theft Prevention Standard (49 CFR part added deterrence to a thief’s decision to installed on its Infiniti QX50 vehicle 541). The agency concludes that the enter the vehicle. However, Nissan line in support of the belief that its device will provide four of the five stated that its antitheft device will not antitheft device will be highly effective types of performance listed in provide any visible or audible in reducing and deterring theft. Nissan § 543.6(a)(3): Promoting activation; indication if unauthorized vehicle entry referenced the National Insurance Crime preventing defeat or circumvention of (i.e., flashing lights and horn alarm) on Bureau’s data which it stated showed a the device by unauthorized persons; its Infiniti QX50 vehicle line. 70% reduction in theft when comparing preventing operation of the vehicle by Nissan’s submission is considered a MY 1997 Ford Mustangs (with a unauthorized entrants; and ensuring the complete petition as required by 49 CFR standard immobilizer) to MY 1995 Ford reliability and durability of the device.

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Pursuant to 49 U.S.C. 33106 and 49 vehicle manufacturers and itself. The be received by October 23, 2017. In CFR 543.7(b), the agency grants a agency did not intend in drafting Part order to provide the public with a petition for exemption from the parts- 543 to require the submission of a sufficient opportunity to submit marking requirements of Part 541 either modification petition for every change comments, the due date to receive in whole or in part, if it determines that, to the components or design of an written comments has been extended to based upon substantial evidence, the antitheft device. The significance of Tuesday, November 28, 2017. standard equipment antitheft device is many such changes could be de Approved: October 12, 2017. likely to be as effective in reducing and minimis. Therefore, NHTSA suggests L. Brimmer, deterring motor vehicle theft as that if the manufacturer contemplates Senior Tax Analyst. compliance with the parts-marking making any changes, the effects of requirements of Part 541. The agency which might be characterized as de [FR Doc. 2017–22596 Filed 10–16–17; 4:15 pm] finds that Nissan has provided adequate minimis, it should consult the agency BILLING CODE 4830–01–P reasons for its belief that the antitheft before preparing and submitting a device for the Infiniti QX50 vehicle line petition to modify. is likely to be as effective in reducing DEPARTMENT OF VETERANS Issued in Washington, DC, under authority and deterring motor vehicle theft as delegated in 49 CFR part 1.95. AFFAIRS compliance with the parts-marking Raymond R. Posten, requirements of the Theft Prevention Cooperative Studies Scientific Standard (49 CFR part 541). This Associate Administrator for Rulemaking. Evaluation Committee; Notice of conclusion is based on the information [FR Doc. 2017–22658 Filed 10–18–17; 8:45 am] Meeting BILLING CODE 4910–59–P Nissan provided about its device. The Department of Veterans Affairs For the foregoing reasons, the agency gives notice under the Federal Advisory hereby grants in full Nissan’s petition Committee Act that the Cooperative for exemption for the Nissan Infiniti DEPARTMENT OF THE TREASURY Studies Scientific Evaluation Committee QX50 vehicle line from the parts- will hold a meeting on December 13, marking requirements of 49 CFR part Internal Revenue Service 2017, at the American Association of 541. The agency notes that 49 CFR part Proposed Collection; Comment Airport Executives, 601 Madison Street, 541, Appendix A–1, identifies those Request for Form 1024–A; Extension Alexandria, VA. The meeting will begin lines that are exempted from the Theft of Comment Period Prevention Standard for a given model at 8:30 a.m. and end at 3:30 p.m. The Committee advises the Chief year. 49 CFR part 543.7(f) contains AGENCY: Internal Revenue Service (IRS), publication requirements incident to the Research and Development Officer on Treasury. the relevance and feasibility of proposed disposition of all Part 543 petitions. ACTION: Notice and request for Advanced listing, including the release projects and the scientific validity and comments; extension of comment propriety of technical details, including of future product nameplates, the period. beginning model year for which the protection of human subjects. petition is granted and a general SUMMARY: This document extends the The session will be open to the public description of the antitheft device is comment period for a notice and request for approximately 30 minutes at the necessary in order to notify law for comments that was published in the start of the meeting for the discussion of enforcement agencies of new vehicle Federal Register on Monday, August 28, administrative matters and the general lines exempted from the parts-marking 2017. The notice and request for status of the program. The remaining requirements of the Theft Prevention comments relates to the Application for portion of the meeting will be closed to Standard. Recognition of Exemption Under the public for the Committee’s review, If Nissan decides not to use the Section 501(c)(4) of the Internal discussion, and evaluation of research exemption for this line, it must formally Revenue Code. and development applications. During the closed portion of the notify the agency. If such a decision is DATES: The comment period for the made, the line must be fully marked notice and request for comments meeting, discussions and according to the requirements under 49 published on August 28, 2017 (82 FR recommendations will deal with CFR parts 541.5 and 541.6 (marking of 40228), is extended to November 28, qualifications of personnel conducting major component parts and replacement 2017. the studies, staff and consultant parts). critiques of research proposals and NHTSA notes that if Nissan wishes in ADDRESSES: Direct all written comments similar documents, and the medical the future to modify the device on to L. Brimmer, Internal Revenue records of patients who are study which this exemption is based, the Service, Room 6526, 1111 Constitution subjects, the disclosure of which would company may have to submit a petition Avenue NW., Washington, DC 20224. constitute a clearly unwarranted to modify the exemption. Part 543.7(d) FOR FURTHER INFORMATION CONTACT: invasion of personal privacy. As states that a Part 543 exemption applies Requests for additional information or provided by section 10(d) of Public Law only to vehicles that belong to a line copies of the form and instructions 92–463, as amended, closing portions of exempted under this part and equipped should be directed to LaNita Van Dyke this meeting is in accordance with 5 with the antitheft device on which the at (202) 317–6009, Internal Revenue U.S.C. 552b(c)(6) and (c)(9)(B). line’s exemption is based. Further, Part Service, Room 6526, 1111 Constitution The Committee will not accept oral 543.9(c)(2) provides for the submission Avenue NW., Washington, DC 20224, or comments from the public for the open of petitions ‘‘to modify an exemption to through the Internet at portion of the meeting. Those who plan permit the use of an antitheft device [email protected]. to attend or wish additional information similar to but differing from the one SUPPLEMENTARY INFORMATION: A notice should contact Dr. Grant Huang, Acting specified in that exemption.’’ and request for comments that appeared Director, Cooperative Studies Program The agency wishes to minimize the in the Federal Register on Monday, (10P9CS), Department of Veterans administrative burden that Part August 28, 2017 (82 FR 40228) Affairs, 810 Vermont Avenue NW., 543.9(c)(2) could place on exempted announced that written comments are to Washington, DC 20420, at (202) 443–

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