20400 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Notices

Yakima, Washington, 98909–2560; Wildlife Coordination Act [16 U.S.C. Authority: 23 U.S.C. 139(l)(1) telephone: (509) 577–1780; e-mail: 661–667(d)]; Magnuson-Stevenson Bryan L. Dillon, [email protected]. The Washington Fishery Conservation and Management South Central Region Area Engineer, State Department of Transportation’s Act of 1976, as amended [16 U.S.C. 1801 Olympia, Washington. regular office hours are between 8 a.m. et seq.]. [FR Doc. E7–7829 Filed 4–23–07; 8:45 am] and 5 p.m. (Pacific Time). 5. Historic and Cultural Resources: BILLING CODE 4910–RY–P SUPPLEMENTARY INFORMATION: Notice is Section 106 of the National Historic hereby given that the FHWA and other Preservation Act of 1966, as amended Federal agencies have taken final agency [16 U.S.C. 470(f) et seq.]; Archaeological DEPARTMENT OF TRANSPORTATION actions subject to 23 U.S.C. 139(l)(1) by Resources Protection Act of 1977 [16 issuing licenses, permits, and approvals U.S.C. 470(aa)-470(ll)]; Archaeological National Highway Traffic Safety for the following highway project in the and Historic Preservation Act [16 U.S.C. Administration State of Washington: Yakima Grade 469–469(c)]; Native American Grave Separation: Lincoln Avenue and B Protection and Repatriation Act Petition for Exemption From the Vehicle Theft Prevention Standard; Street Project in Yakima County, (NAGPRA) [25 U.S.C. 3001–3013]. Ford Washington. The purpose of the Yakima 6. Social and Economic: Civil Rights Grade Separation project is to improve Act of 1964 [42 U.S.C. 2000(d)- AGENCY: National Highway Traffic freight mobility through the city of 2000(d)(1)]; American Indian Religious Safety Administration (NHTSA), Yakima by creating grade separation of Freedom Act [42 U.S.C. 1996]; Farmland Department of Transportation (DOT). the Burlington Northern Santa Fe Protection Policy Act [7 U.S.C. 4201– ACTION: Grant of petition for exemption. (BNSF) railroad tracks at the Lincoln 4209]; the Uniform Relocation SUMMARY: This document grants in full Avenue and Martin Luther King Assistance and Real Property the petition of Ford Motor Company Boulevard, formerly known as B Street, Acquisition Policies Act of 1970, as (Ford) in accordance with § 543.9(c)(2) crossings in downtown Yakima, and amended [42 U.S.C. 61]. includes the realignment of Front Street. of 49 CFR part 543, Exemption from the The project will be constructed over no 7. Wetlands and Water Resources: Theft Prevention Standard, for the Ford more than two years, and the FHWA Clean Water Act, 33 U.S.C. 1251–1377 Taurus X (formerly the Ford Freestyle) project reference number is 000S062. (Section 404, Section 401, Section 319) vehicle line beginning with model year The actions by the Federal agencies on [33 U.S.C. 1251–1377]; Coastal Zone (MY) 2008. This petition is granted this project, and the laws under which Management Act [16 U.S.C. 1451–1465]; because the agency has determined that such actions were taken, are described Land and Water Conservation Fund [16 the antitheft device to be placed on the in the Environmental Assessment (EA) U.S.C. 4601–4604]; Safe Drinking Water line as standard equipment is likely to for the project, approved on April 11, Act [42 U.S.C. 300(f)-300(j)(6)]; Rivers be as effective in reducing and deterring 2006, in the FHWA Finding of No and Harbors Act of 1899 [33 U.S.C. 401– motor vehicle theft as compliance with Significant Impact (FONSI) issued 406]; TEA–21 Wetlands Mitigation [23 the parts-marking requirements of the August 17, 2006, and in other U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Theft Prevention Standard. documents in the FHWA project files. Disaster Protection Act [42 U.S.C. 4001– DATES: The exemption granted by this The EA, FONSI, and other project 4128]. notice is effective beginning with model records are available by contacting 8. Hazardous Materials: year (MY) 2008. FHWA or the Washington State Comprehensive Environmental FOR FURTHER INFORMATION CONTACT: Ms. Department of Transportation at the Response, Compensation, and Liability Deborah Mazyck, Office of International addresses provided above. The EA and Act [42 U.S.C. 9601–9675]; Superfund Vehicle, Fuel Economy and Consumer FONSI can be viewed and downloaded Amendments and Reauthorization Act Standards, NHTSA, 400 Seventh Street, form the project Web site at http:// of 1986 [Pub. L. 99–499]; Resource SW., Washington, DC 20590. Ms. www.wsdot.wa.gov/TA/Operations/ Conservation and Recovery Act [42 Mazyck’s telephone number is (202) Environmental/Yakima_EA.pdf or U.S.C. 6901–6992(k)]. 366–0846. Her fax number is (202) 493– viewed at public libraries in the project 9. Executive Orders: E.O. 11990 2290. area. Protection of Wetlands; E.O. 11988 SUPPLEMENTARY INFORMATION: In a This notice applies to all Federal Floodplain Management; E.O. 12898, petition dated December 15, 2006, Ford agency decisions as of the issuance date Federal Actions to Address requested an exemption from the parts- of this notice and all laws under which Environmental Justice in Minority marking requirements of the Theft such actions were taken, including but Populations and Low Income Prevention Standard (49 CFR part 541) not limited to: Populations; E.O. 11593 Protection and for the Ford Taurus X (formerly the Ford 1. General: National Environmental Enhancement of Cultural Resources; Freestyle) vehicle line beginning with Policy Act [42 U.S.C. 4321–4351]; E.O. 13007 Indian Sacred Sites; E.O. MY 2008. The petition requested an Federal-Aid Highway Act [23 U.S.C. 109 13287 Preserve America; E.O. 13175 exemption from parts-marking pursuant and 23 U.S.C. 128]. Consultation and Coordination with to 49 CFR part 543, Exemption from 2. Air: Clean Air Act, as amended [42 Indian Tribal Governments; E.O. 11514 Vehicle Theft Prevention Standard, U.S.C. 7401–7671(q)]. Protection and Enhancement of based on the installation of an antitheft 3. Land: Section 4(f) of the Environmental Quality; E.O. 13112 device as standard equipment for an Department of Transportation Act of Invasive Species. entire vehicle line. 1966 [49 U.S.C. 303]; Landscaping and Under § 543.5(a), a manufacturer may Scenic Enhancement (Wildflowers) [23 Catalog of Federal Domestic Assistance petition NHTSA to grant exemptions for Program Number 20.205, Highway Planning U.S.C. 319]. and Construction. The regulations one of its vehicle lines per year. Ford 4. Wildlife: Endangered Species Act implementing Executive Order 12372 has petitioned the agency to grant an [16 U.S.C. 1531–1544 and Section regarding intergovernmental consultation on exemption for its Ford Taurus X vehicle 1536]; Anadromous Fish Conservation Federal programs and activities apply to this line beginning with MY 2008. In its Act [16 U.S.C. 757(a)-757(g)]; Fish and program.) petition, Ford provided a detailed

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description and diagram of the identity, to stay below the agency’s median theft Advanced listing, including the release design, and location of the components rate of 3.5826. of future product nameplates, the of the antitheft device for the Ford Additionally, Ford noted the beginning model year for which the Taurus X vehicle line. Ford will install reduction in theft rate for other vehicle petition is granted and a general its passive antitheft device as standard lines equipped with the SecuriLock description of the antitheft device is equipment on the vehicle line. Features device. Ford’s SecuriLock device was necessary in order to notify law of the antitheft device will include an first introduced as standard equipment enforcement agencies of new vehicle electronic key, ignition lock, and a on its MY 1996 Mustang GT and Cobra. lines exempted from the parts-marking In MY 1997, the SecuriLock system was passive immobilizer. Additionally, the requirements of the Theft Prevention installed on the entire Mustang vehicle Ford Taurus X will have a standard Standard. perimeter alarm system which will line as standard equipment. Ford stated monitor all the doors, the decklid and that the 1997 model year Mustang with If Ford decides not to use the the hood of the vehicle. Ford’s SecuriLock shows a 70% reduction in exemption for this line, it must formally submission is considered a complete theft compared to the MY 1995 notify the agency. If such a decision is petition as required by 49 CFR 543.7, in Mustang, according to National made, the line must be fully marked that it meets the general requirements Insurance Crime Bureau (NICB) theft according to the requirements under 49 contained in § 543.5 and the specific statistics. There were 149 reported thefts CFR 541.5 and 541.6 (marking of major content requirements of § 543.6. for 1997 compared to 500 reported component parts and replacement The antitheft device to be installed on thefts in 1995. parts). In addressing the specific content the MY 2008 Ford Taurus X is the NHTSA notes that if Ford wishes in SecuriLock Passive Anti-Theft requirements of 543.6, Ford provided information on the reliability and the future to modify the device on Electronic Engine Immobilizer System durability of its proposed device. To which this exemption is based, the (SecuriLock). The Ford SecuriLock is a ensure reliability and durability of the company may have to submit a petition transponder-based electronic device, Ford conducted tests based on to modify the exemption. Section immobilizer system. Ford stated that the its own specified standards. Ford also 543.7(d) states that a part 543 exemption integration of the transponder into the provided a detailed list of the tests applies only to vehicles that belong to normal operation of the ignition key conducted and believes that the device a line exempted under this part and assures activation of the system. When is reliable and durable since the device equipped with the anti-theft device on the ignition key is turned to the start complied with its specified which the line’s exemption is based. position, the transceiver module reads requirements for each test. the ignition key code and transmits an Further, § 543.9(c)(2) provides for the Based on the evidence submitted by submission of petitions ‘‘to modify an encrypted message to the cluster. Ford, the agency believes that the Validation of the key is determined and exemption to permit the use of an antitheft device for the Ford Taurus X antitheft device similar to but differing start of the engine is authorized once a vehicle line is likely to be as effective separate encrypted message is sent to from the one specified in that in reducing and deterring motor vehicle exemption.’’ the powertrain’s control module (PCM). theft as compliance with the parts- The powertrain will function only if the marking requirements of the Theft The agency wishes to minimize the key code matches the unique Prevention Standard (49 CFR part 541). administrative burden that § 543.9(c)(2) identification key code previously Based on the information Ford provided could place on exempted vehicle programmed into the PCM. If the codes about its device, the agency concludes manufacturers and itself. The agency do not match, the powertrain engine that the device will provide the five did not intend in drafting part 543 to starter will be disabled. Ford also stated types of performance listed in require the submission of a modification that the SecuriLock electronic engine § 543.6(a)(3): Promoting activation; petition for every change to the immobilizer device makes conventional attracting attention to the efforts of components or design of an antitheft theft methods such as hot-wiring or unauthorized persons to enter or operate device. The significance of many such attacking the ignition lock cylinder a vehicle by means other than a key; changes could be de minimis. Therefore, ineffective and virtually eliminates preventing defeat or circumvention of NHTSA suggests that if the drive-away thefts. the device by unauthorized persons; manufacturer contemplates making any Ford stated that the Ford Freestyle preventing operation of the vehicle by changes, the effects of which might be (renamed Taurus X for MY 2008) has unauthorized entrants; and ensuring the characterized as de minimis, it should experienced very low theft rates. The reliability and durability of the device. consult the agency before preparing and agency’s theft rate data is not available As required by 49 U.S.C. 33106 and submitting a petition to modify. for calendar year/model year (CY/MY) 49 CFR 543.6(a)(4) and (5), the agency 2005 and 2006, however, Ford finds that Ford has provided adequate Authority: 49 U.S.C. 33106; delegation of calculated its own theft rate data for the reasons for its belief that the antitheft authority at 49 CFR 1.50. MY 2005 and 2006 Ford Freestyle device will reduce and deter theft. Issued on: April 18, 2007. vehicle line based on its CAFE For the foregoing reasons, the agency Stephen R. Kratzke, production volumes and the National hereby grants in full Ford’s petition for Insurance Crime Bureau theft data per exemption for the Ford Taurus X Associate Administrator for Rulemaking. one thousand vehicles produced. Ford vehicle line from the parts-marking [FR Doc. E7–7719 Filed 4–23–07; 8:45 am] stated that the theft rate for CY/MY 2005 requirements of 49 CFR part 541. The BILLING CODE 4910–59–P and 2006 were 0.6744 and 1.3473, agency notes that 49 CFR part 541, respectively. Accordingly, Ford stated Appendix A–1, identifies those lines that, although the NICB theft data that are exempted from the Theft indicates that there was an increase in Prevention Standard for a given model the overall theft rate for CY/MY 2006 year. 49 CFR 543.7(f) contains vehicles, its calculations showed that publication requirements incident to the the rate for the Ford Freestyle continued disposition of all part 543 petitions.

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