71184 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices 

Automated Meteorological 

Transmission (AUTOMET), RTCA DO– 

252, may be required. See attached 

Agenda for Meeting # 23 schedule. 

14 December—Tuesday 

• 9 a.m.—Opening Plenary 

• Chairmen’s remarks and Host’s 

comments 

• Introductions, approval of 

previous meeting minutes, review and 

approve meeting agenda 

• Schedule for this week 

• Action Item Review 

• SC Revised TOR Background and 

Plan—Chairmen 

• Working Group 1, Wake Vortex, 

Air Traffic Management, and Weather 

Applications, WG1 Chairmen 

• Working Group 2, AIS Uplink 

and MET Uplink, Downlink, and 

Crosslink, Concept of Use—WG2 

Chairmen 

• Working Group 3, AIS and MET 

Services Delivery Architecture 

Recommendations—WG3 Chairmen 

• 1 p.m. WG1, WG2, and WG3 

Meetings 

15 December—Wednesday 

• 9 a.m. WG1, WG2, and WG3 

Meetings 

16 December—Thursday 

• 9 a.m. WG1, WG2, and WG3 

Meetings 

• 2 p.m. Plenary Session 

• SAE G–10—Gary Livack 

• Working Group Reports 

• Action Item Review 

• Other Business 

• Meeting Plans and Dates 

Attendance is open to the interested 

public but limited to space availability. 

With the approval of the chairmen, 

members of the public may present oral 

statements at the meeting. Persons 

wishing to present statements or obtain 

information should contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. Members of the public 

may present a written statement to the 

committee at any time. 

Issued in Washington, DC, on November 

15, 2010. 

Robert L. Bostiga, 

RTCA Advisory Committee. 

[FR Doc. 2010–29297 Filed 11–19–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition for Exemption From the 

Vehicle Theft Prevention Standard; 

BMW 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA) 

Department of Transportation (DOT). 

ACTION: Grant of petition for exemption. 

SUMMARY: This document grants in full 

the BMW of North America, LLC (BMW) 

petition for exemption of the Carline X1 

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). 

DATES: The exemption granted by this 

notice is effective beginning with the 

2012 model year. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carlita Ballard, Office of International 

Policy, Fuel Economy and Consumer 

Programs, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue, SE., West Building, Room 

W43–439, Washington, DC 20590. Ms. 

Ballard’s telephone number is (202) 

366–5222. Her fax number is (202) 493– 

2990. 

SUPPLEMENTARY INFORMATION: In a 

petition dated June 1, 2010, BMW 

requested exemption from the partsmarking requirements of the theft 

prevention standard (49 CFR part 541) 

for the MY 2012 BMW Carline X1 

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. The agency informed 

BMW by telephone on July 12, and by 

letter dated September 20, 2010 of the 

areas of insufficiency with respect to its 

June 1, 2010 petition for exemption. On 

October 8, 2010, BMW submitted 

supplementary information to the 

agency addressing its areas of 

insufficiency. 

Under § 543.5(a), a manufacturer may 

petition NHTSA to grant exemptions for 

one vehicle line per model year. In its 

petition, BMW provided a detailed 

description and diagram of the identity, 

design, and location of the components 

of the antitheft device for its Carline X1 

vehicle line. BMW will install its 

passive antitheft device as standard 

equipment on the line. Key features of 

the antitheft device will include a key 

with a transponder, loop antenna (coil), 

engine control unit (DME/DDE) with 

encoded start release input, an 

electronically-coded vehicle 

immobilizer/car access system (EWS/ 

CAS) control unit and a passive 

immobilizer. BMW’s submission, along 

with its supplementary information 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. 

BMW stated that the EWS 

immobilizer device prevents the vehicle 

from being driven away under its own 

engine power. The EWS control unit 

provides the interface to the loop 

antenna (coil), engine control unit and 

starter. It queries key data from the 

transponder and provides the coded 

release of the engine management for a 

valid key. The ignition and fuel supply 

are only released when a correct coded 

release signal has been sent by the EWS 

control unit, to allow the vehicle to 

start. The immobilizer device is 

automatically activated when the engine 

is shut off and the vehicle key is 

removed from the ignition lock cylinder. 

The antitheft device can be further 

secured by locking the vehicle doors 

and hood using either the key lock 

cylinder on the driver’s door or the 

remote frequency remote control. The 

frequency for the remote control 

constantly changes to prevent an 

unauthorized person from opening the 

vehicle by intercepting the signals of its 

remote control. The vehicle is also 

equipped with a central-locking system 

that can be operated to lock and unlock 

all doors or to unlock only the driver’s 

door, preventing forced entry into the 

vehicle through the passenger doors. 

BMW stated that the transponder is a 

special transmitter/receiver in the key 

which communicates with the EWS 

control unit, the transponder also has a 

chip which is integrated in the key 

consisting of a transmitter/receiver, a 

small antenna coil, and a read/write 

memory. The transponder chip is 

supplied with energy via the loop 

antenna around the key slot; therefore, 

a battery is not necessary in the key for 

a voltage supply. The engine control 

unit (DME/DDE) is designed to cause 

the ignition and fuel supply to be 

released when the EWS control unit has 

sent a correct release signal, and after 

the initial starting value, the release 

signal becomes a rolling, ever-changing, 

random code that is stored in the DME/ 


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Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices 71185 

DDE and EWS (CAS control modules). 

The DME/DDE must identify the release 

signal and only then will the ignition 

signal and fuel supply be released. 

Additionally, BMW stated that the 

mechanical keys for the Carline X1 are 

unique. A special key blank, a special 

key cutting machine and the vehicle’s 

unique code are needed to duplicate a 

key. BMW stated that new keys will 

only be issued to authorized persons. 

BMW stated that the proposed 

antitheft device does not provide any 

visible or audible indication of 

unauthorized entry. BMW asserts that 

theft data have indicated a decline in 

theft rates for vehicle lines that have 

been equipped with antitheft devices 

similar to that which it proposes to 

install on the Carline X1 line. 

BMW compared the effectiveness of 

its antitheft device with devices which 

NHTSA has previously determined to be 

as effective in reducing and deterring 

motor vehicle theft as would 

compliance with the parts-marking 

requirements of Part 541. The antitheft 

device that BMW intends to install on 

its Carline X1 vehicle line for MY 2012 

is the same device that BMW installed 

on its BMW X3 and X5 vehicle lines, 

and its Carline 1, 3, 5, 6, 7, Z4, and MINI 

vehicle lines. BMW has concluded that 

the antitheft device proposed for the 

Carline X1 vehicle line is no less 

effective than those devices and similar 

devices for which NHTSA has already 

been granted exemptions from the partsmarking requirements. 

BMW stated that the agency’s theft 

rate data indicate that antitheft devices 

installed on BMW vehicles have been 

very effective in decreasing thefts. 

Specifically, BMW stated that all of its 

vehicle lines are installed with antitheft 

devices as standard equipment and the 

agency’s data show that theft rates for 

those vehicle lines are very low. 

Specifically, BMW stated that for MY/ 

CY 2008, the agency’s data show that 

theft rates for those lines are: 0.08 (1- 

series), 0.74 (3-series), 0.65 (3-series), 

0.66 (6-series), 2.79 (7-series), 0.63 (M3), 

1.12 (M5), 0.68 (Z4(M)), and 0.26 (MINI 

Cooper) respectively. Using an average 

of 3 MYs data (2006–2008), theft rates 

for those lines are: 0.0841, 0.7719, 

0.9636, 1.4791, 2.2942, 2.0251, 1.7992, 

0.6916, 0.3299, respectively. 

In addressing the specific content 

requirements of 543.6, BMW provided 

information on the reliability and 

durability of its device. To ensure 

reliability and durability of the device, 

BMW conducted tests based on its own 

specified standards and believes that the 

device is reliable and durable since the 

device complied with its specified 

requirements for each test. BMW 

provided a detailed list of the tests 

conducted. 

Based on the supporting evidence 

submitted by BMW, the agency believes 

that the antitheft device for the BMW 

Carline X1 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 four of the five 

types of performance listed in 

§ 543.6(a)(3): Promoting activation; 

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 supporting 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 BMW has provided adequate 

reasons for its belief that the antitheft 

device for the Carline X1 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 

BMW provided about its device. 

For the foregoing reasons, the agency 

hereby grants in full BMW’s petition for 

exemption for the MY 2012 Carline X1 

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 

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 BMW 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 as 

required by 49 CFR parts 541.5 and 

541.6 (marking of major component 

parts and replacement parts). 

NHTSA notes that if BMW 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, 

§ 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. 

Authority: 49 U.S.C. 33106; delegation of 

authority at 49 CFR 1.50. 

Issued on: November 16, 2010. 

Joseph S. Carra, 

Acting Associate Administrator for 

Rulemaking. 

[FR Doc. 2010–29289 Filed 11–19–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2010–52] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of 14 CFR. 

The purpose of this notice is to improve 

the public’s awareness of, and 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 

of this notice nor the inclusion or 

omission of information in the summary 

is intended to affect the legal status of 

the petition or its final disposition. 

DATES: Comments on this petition must 

identify the petition docket number 


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