[Federal Register Volume 71, Number 19 (Monday, January 30, 2006)]
[Notices]
[Pages 4966-4967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1073]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention 
Standard; Volkswagen

AGENCY: National Highway Traffic Safety Administration (NHTSA) 
Department of Transportation (DOT).

ACTION: Grant of petition for exemption.

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SUMMARY: This document grants in full the petition of Volkswagen of 
America, Inc. (VW) in accordance with Sec.  543.9(c)(2) of 49 CFR Part 
543, Exemption from the Theft Prevention Standard, for the Audi A4 
vehicle line beginning with model year (MY) 2007. 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. 
In a letter dated October 19, 2005, the agency granted the petitioner's 
request for confidential treatment of most aspects of its petition.

DATES: The exemption granted by this notice is effective beginning with 
model year (MY) 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, 400 
Seventh Street, SW., Washington, DC 20590. Ms. Mazyck's telephone 
number is (202) 366-0846. Her fax number is (202) 493-2290.

SUPPLEMENTARY INFORMATION: In a petition dated September 26, 2005, VW 
requested exemption from the parts-marking requirements of the theft 
prevention standard (49 CFR part 541) for the MY 2007 Audi A4 vehicle 
line. The petition requested exemption from parts-marking 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.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant 
exemptions for one line of its vehicle lines per year. In its petition, 
VW provided a detailed description and diagram of the identity, design, 
and location of the components of the antitheft device for the new 
vehicle line. VW will install its passive, antitheft device as standard 
equipment beginning with MY 2007. Features of the antitheft device will 
include the immobilizer control unit, the reading coil on the ignition 
lock, the engine control unit, a transponder-based ignition key, a 
remote key fob and a visable and audible alarm. VW's submission is 
considered a complete petition as required by 49 CFR 543.7, in that it 
meets the general requirements contained in 543.5 and the specific 
content requirements of 543.6.
    VW's proposed device incorporates an immobilizer feature, tow away 
protection and an audible and visual alarm system. VW stated that the 
device is switched on by turning the key in either of the front door 
locks to the lock position, or by locking the vehicle with the remote 
key fob. The A4's immobilizer prevents the vehicle from being operated 
by unauthorized persons. When the ignition key is turned to the ``on'' 
position, the key's transporter, the immobilizer control unit, and the 
engine control unit initiate a complex set of tests to determine if 
vehicle start-up should be enabled. If the tests fail, the vehicle 
cannot be started. Additionally, the audible alarm and emergency 
flashers are activated if any of the protected areas of the vehicle are 
violated. The protected areas include the doors, trunk or hatch, hood, 
activation of ignition lock voltage and tilt.
    In addressing the specific content requirements of 543.6, VW 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, VW 
conducted tests based on its own specified standards. VW provided a 
detailed list of the tests conducted, including those for electrical 
and mechanical durability and believes that the device is reliable and 
durable since it complied with VW's specified requirements for each 
test.
    VW also provided information on the theft rate history for previous 
MY vehicles installed with a similar device as that proposed. VW 
indicated that the theft rates for the Audi A4 vehicle line have been 
significantly below the median. NHTSA's theft rates for the A4 vehicle 
for model years 2000 through 2003 were 1.2433, 1.6561, 1.8970, and 
0.8418, respectively.
    On the basis of this comparison, VW has concluded that the proposed 
antitheft device is no less effective than those devices installed on 
lines for which NHTSA has already granted full exemption from the 
parts-marking requirements.
    Based on the evidence submitted by VW, the agency believes that the 
antitheft device for the A4 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).
    The agency concludes that the device will provide the five types of 
performance listed in Sec.  543.6(a)(3): promoting activation; 
attracting attention to the efforts of unauthorized persons to enter or 
operate 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.
    As required by 49 U.S.C. 33106 and 49 CFR 543.6 (a)(4) and (5), the 
agency finds that VW has provided adequate reasons for its belief that 
the antitheft device will reduce and deter theft. This conclusion is 
based on the information VW provided about its device, much of which is 
confidential. For the foregoing reasons, the agency hereby grants in 
full VW's petition for exemption for the A4 vehicle line from the 
parts-marking requirements of 49 CFR part 541. 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 part 
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 
exemption is granted and a general description of the device is 
necessary in

[[Page 4967]]

order to notify law enforcement agencies of new vehicle lines exempted 
from the parts marking requirements of the Theft Prevention Standard. 
Therefore, although VW has been granted confidential treatment for most 
aspects of its petition, the agency notes certain information that may 
be published in the Federal Register. If VW decides not to use the 
exemption for this line, it must formally notify the agency, and, 
thereafter, the line must be fully marked as required by 49 CFR parts 
541.5 and 541.6 (marking of major component parts and replacement 
parts).
    NHTSA notes that if VW wishes in the future to modify the device on 
which this exemption is based, the company may have to submit 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, Sec.  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 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.
    We note that VW requested confidential treatment for the 
information and attachments it submitted in support of its petition. 
While the agency granted the petitioner's request for confidential 
treatment of most aspects of its petition, we have released the model 
year for which the exemption is granted. This information is necessary 
for the law enforcement efforts to combat motor vehicle theft. That is, 
law enforcement officials need to know whether a given motor vehicle 
line was subject or exempted from the parts-marking requirements for a 
given model year.

    Authority:  49 U.S.C. 33106; delegation of authority at 49 CFR 
1.50.

    Issued on: January 23, 2006.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E6-1073 Filed 1-27-06; 8:45 am]
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