Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Notices 4195

vehicle by means other than a key; similar to but differing from the one SUPPLEMENTARY INFORMATION: In a promoting activation; preventing defeat specified in that exemption.’’ petition dated October 26, 2012, or circumvention of the device by The agency wishes to minimize the MBUSA requested an exemption from unauthorized persons; preventing administrative burden that Part the parts marking requirements of the operation of the vehicle by 543.9(c)(2) could place on exempted Theft Prevention Standard (49 CFR part unauthorized entrants; and ensuring the vehicle manufacturers and itself. The 541) for the new MY 2014 NGCC Line reliability and durability of the device. agency did not intend Part 543 to Chassis vehicle line. The petition Pursuant to 49 U.S.C. 33106 and 49 require the submission of a modification requested an exemption from parts- CFR 543.7 (b), the agency grants a petition for every change to the marking pursuant to 49 CFR part 543, petition for exemption from the parts- components or design of an antitheft Exemption from Vehicle Theft marking requirements of Part 541, either device. The significance of many such Prevention Standard, based on the in whole or in part, if it determines that, changes could be de minimis. Therefore, installation of an antitheft device as based upon supporting evidence, the NHTSA suggests that if the standard equipment for an entire standard equipment antitheft device is manufacturer contemplates making any vehicle line. likely to be as effective in reducing and changes the effects of which might be Under § 543.5(a), a manufacturer may deterring motor vehicle theft as characterized as de minimis, it should petition NHTSA to grant an exemption compliance with the parts-marking consult the agency before preparing and for one vehicle line per model year. In requirements of Part 541. The agency submitting a petition to modify. its petition, MBUSA provided a detailed finds that Volvo has provided adequate description and diagram of the identity, reasons for its belief that the antitheft Authority: 49 U.S.C. 33106; delegation of design, and location of the components device for the S60 vehicle line is likely authority at 49 CFR 1.50. of the antitheft device for its new to be as effective in reducing and Issued on: January 11, 2013. vehicle line. MBUSA stated that its MY deterring motor vehicle theft as Christopher J. Bonanti, 2014 NGCC Line Chassis will include compliance with the parts-marking Associate Administrator for Rulemaking. CLA-Class vehicles (CLA250, CLA250 requirements of the Theft Prevention [FR Doc. 2013–00999 Filed 1–17–13; 8:45 am] 4MATIC and CLA45 4MATIC AMG) Standard (49 CFR part 541). This BILLING CODE 4910–59–P that will be equipped with a passive conclusion is based on the information ignition immobilizer (FBS III/FBS IV) Volvo provided about its device. and an access code-protected locking For the foregoing reasons, the agency DEPARTMENT OF TRANSPORTATION system as standard equipment. The hereby grants in full Volvo’s petition for immobilizer, transmitter key, electronic exemption for the MY 2014 S60 vehicle National Highway Traffic Safety ignition starter switch control unit (EIS), line from the parts-marking Administration the engine control module (ECM) and requirements of 49 CFR part 541. The the transmission control module (TCM) agency notes that 49 CFR part 541, Petition for Exemption From the collectively perform the immobilizer appendix A–1, identifies those lines that Vehicle Theft Prevention Standard; function. MBUSA stated that its are exempted from the Theft Prevention Mercedes-Benz immobilizer device is an interlinked Standard for a given MY. 49 CFR system of control units which 543.7(f) contains publication AGENCY: National Highway Traffic collectively perform the immobilizer requirements incident to the disposition Safety Administration (NHTSA), function. The interlinked system of all Part 543 petitions. Advanced Department of Transportation (DOT). includes the engine, EIS, transmitter listing, including the release of future ACTION: Grant of petition for exemption. key, TCM and ECM (including the fuel product nameplates, the beginning injection system) which independently model year for which the petition is SUMMARY: This document grants in full calculates and matches a unique code. granted and a general description of the the Mercedes-Benz USA, LLC (MBUSA) MBUSA stated that it is impossible to antitheft device is necessary in order to petition for an exemption of the New read the code from the vehicle in order notify law enforcement agencies of new Generation Compact Car (NGCC) Line to defeat the system. MBUSA stated that vehicle lines exempted from the parts- Chassis vehicle line in accordance with if a relevant query from the vehicle to marking requirements of the Theft 49 CFR part 543, Exemption from the the transmitter key is valid, operation of Prevention Standard. Theft Prevention Standard. This the vehicle will be authorized. MBUSA If Volvo decides not to use the petition is granted because the agency stated that the device will not be exemption for this line, it must formally has determined that the antitheft device equipped with an audible or visible notify the agency. If such a decision is to be placed on the line as standard alarm feature. MBUSA’s submission is made, the line must be fully marked as equipment is likely to be as effective in considered a complete petition as required by 49 CFR 541.5 and 541.6 reducing and deterring motor vehicle required by 49 CFR 543.7, in that it (marking of major component parts and theft as compliance with the parts meets the general requirements replacement parts). marking requirements of the Theft contained in § 543.5 and the specific NHTSA notes that if Volvo wishes in Prevention Standard (49 CFR part 541). content requirements of § 543.6. the future to modify the device on MBUSA stated that activation of the DATES: which this exemption is based, the The exemption granted by this device occurs automatically when the company may have to submit a petition notice is effective beginning with the key is removed from the ignition switch, to modify the exemption. Part 543.7(d) 2014 model year (MY). whether the doors are open or not. Once states that a Part 543 exemption applies FOR FURTHER INFORMATION CONTACT: Ms. activated, only a valid key with the only to vehicles that belong to a line Carlita Ballard, Office of International correct code inserted into the ignition exempted under this part and equipped Policy, Fuel Economy and Consumer switch will disable immobilization and with the anti-theft device on which the Programs, NHTSA,1200 New Jersey allow the vehicle to start and operate. line’s exemption is based. Further, Avenue SE., West Building, W43–439 MBUSA further stated that no other § 543.9(c)(2) provides for the submission Washington, DC 20590. Ms. Ballard’s action by the operator other than of petitions ‘‘to modify an exemption to telephone number is (202) 366–5222. turning the key is required to activate or permit the use of an antitheft device Her fax number is (202) 493–2990. deactivate the immobilizer.

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In its submission, MBUSA stated that standard equipment. MBUSA stated that requirements of the Theft Prevention a locking/unlocking function is also the data indicated its immobilizer Standard. incorporated into the device. The device was effective in contributing to If MBUSA decides not to use the unlocking signal from the remote key an average reduction of 31.8% in the exemption for this line, it must formally sends a message to the vehicle’s central theft rate of the SL-Line Chassis when notify the agency. If such a decision is electronic control unit and a permanent theft rates for the vehicle line dropped made, the line must be fully marked code is verified and compared to the from 1.0460 (CY 2007) to 0.7938 (CY according to the requirements under 49 stored code in the Signal Acquisition 2009). CFR 541.5 and 541.6 (marking of major Module (SAM). MBUSA stated that Based on the supporting evidence component parts and replacement when both codes match, the locking submitted by MBUSA on the device, the parts). system will unlock the doors, tailgate agency believes that the antitheft device NHTSA notes that if MBUSA wishes and fuel filler cover. for the NGCC Line Chassis vehicle line in the future to modify the device on In addressing the specific content is likely to be as effective in reducing which this exemption is based, the requirements of 543.6, MBUSA and deterring motor vehicle theft as company may have to submit a petition provided information on the reliability compliance with the parts-marking to modify the exemption. Part 543.7(d) and durability of its proposed device. requirements of the Theft Prevention states that a Part 543 exemption applies To ensure reliability and durability of Standard (49 CFR part 541). The agency only to vehicles that belong to a line the immobilizer device, MBUSA concludes that the device will provide exempted under this part and equipped conducted performance tests based on four of the five types of performance with the anti-theft device on which the the Economic Commission for Europe’s listed in § 543.6(a)(3): promoting line’s exemption is based. Further, Part specified standards. MBUSA provided a activation; preventing defeat or 543.9(c)(2) provides for the submission detailed list of the tests conducted and circumvention of the device by of petitions ‘‘to modify an exemption to believes that the device is reliable and unauthorized persons; preventing permit the use of an antitheft device durable because the device complied operation of the vehicle by similar to but differing from the one with the specified requirements for each unauthorized entrants; and ensuring the specified in that exemption.’’ test. MBUSA also stated that it believes reliability and durability of the device. The agency wishes to minimize the that the immobilizer device offered on Pursuant to 49 U.S.C. 33106 and 49 administrative burden that Part the NGCC Line Chassis vehicle will be CFR 543.7(b), the agency grants a 543.9(c)(2) could place on exempted at least as effective as compliance with petition for exemption from the parts- vehicle manufacturers and itself. The the parts-marking requirements of the marking requirements of part 541 either agency did not intend in drafting Part theft prevention standard and as in whole or in part, if it determines that, 543 to require the submission of a effective in deterring theft as it has been based upon substantial evidence, the modification petition for every change standard equipment antitheft device is in other MBUSA vehicle lines for which to the components or design of an likely to be as effective in reducing and theft data has been published. MBUSA antitheft device. The significance of deterring motor vehicle theft as submitted theft rate data published by many such changes could be de compliance with the parts-marking the agency comparing its proposed minimis. Therefore, NHTSA suggests requirements of part 541. The agency device to antitheft devices already that if the manufacturer contemplates finds that MBUSA has provided installed in the Audi A3, Audi A4, and making any changes, the effects of adequate reasons for its belief that the the Volkswagen Passat vehicle lines. which might be characterized as de MBUSA referenced theft data antitheft device for the MBUSA new minimis, it should consult the agency published by the agency showing that vehicle line is likely to be as effective before preparing and submitting a the average theft rate for the Audi A3 in reducing and deterring motor vehicle with an immobilizer was 1.4875 in MY/ theft as compliance with the parts- petition to modify. CY 2008 and 1.3294 in MY/CY 2009. marking requirements of the Theft Authority: 49 U.S.C. 33106; delegation of MBUSA stated that it believes that this Prevention Standard (49 CFR part 541). authority at 49 CFR 1.50. data also indicates that the immobilizer This conclusion is based on the Issued on: January 11, 2013. device was effective in contributing to a information MBUSA provided about its Christopher J. Bonanti, 10.6% reduction in the theft rate of the device. Associate Administrator for Rulemaking. Audi A3 vehicle line. MBUSA also For the foregoing reasons, the agency [FR Doc. 2013–00997 Filed 1–17–13; 8:45 am] referenced theft rate data published by hereby grants in full MBUSA’s petition the agency for the Audi A4 and for exemption for the NGCC Line BILLING CODE 4910–59–P Volkswagen Passat vehicle lines (with Chassis vehicle line from the parts- an immobilizer) which showed a theft marking requirements of 49 CFR part rate of 1.1317 and 0.6007 for MY/CYs 541, beginning with the 2014 model UNITED STATES INSTITUTE OF 2008 and 2009 for the AudiA4 and year vehicles. The agency notes that 49 PEACE 0.8197 and 0.5110 for MY/CY’s 2008 CFR part 541, appendix A–1, identifies and 2009 for the Volkswagen Passat those lines that are exempted from the Notice of Meeting respectively. Theft Prevention Standard for a given AGENCY: United States Institute of Peace. MBUSA stated that its proposed model year. 49 CFR 543.7(f) contains device is also functionally similar to the publication requirements incident to the DATE/TIME: Thursday, January 24, 2013 antitheft devices installed on the disposition of all Part 543 petitions. (9:00 a.m.–3:30 p.m.). Mercedes-Benz S-Class, E-Class, C- Advanced listing, including the release LOCATION: 2301 Constitution Avenue Class, SL-Class and SLK Class chassis of future product nameplates, the NW., Washington, DC 20037. vehicles which the agency has already beginning model year for which the STATUS: Open Session—Portions may be exempted from the parts marking petition is granted and a general closed pursuant to Subsection (c) of requirements. In its submission, description of the antitheft device is Section 552(b) of Title 5, United States MBUSA concluded that lower theft rates necessary in order to notify law Code, as provided in subsection could be expected from vehicles enforcement agencies of new vehicle 1706(h)(3) of the United States Institute equipped with immobilizer devices as lines exempted from the parts-marking of Peace Act, Public Law 98–525.

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