Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices 17617 

the modification, GM believes that the 

MY 2008 antitheft device will be more 

effective in deterring theft than the 

parts-marking requirements of 49 CFR 

Part 541. 

For clarification purposes, the agency 

notes that it does not collect theft data. 

NHTSA publishes theft rates based on 

data provided by the NCIC of the 

Federal Bureau of Investigation. NHTSA 

uses NCIC data to calculate theft rates 

and publishes these rates annually in 

the Federal Register. 

In addressing the specific content 

requirements of 543.6, GM provided 

information on the reliability and 

durability of the proposed device. To 

ensure reliability and durability of the 

device, GM conducted tests based on its 

own specified standards. GM provided 

a detailed list of the tests conducted and 

believes that the device is reliable and 

durable since it complied with the 

specified requirements for each test. 

GM stated that the PASS-Key III+ 

system has been designed to enhance 

the functionality and theft protection 

provided by GM’s first, second, and 

third generation PASS-Key, PASS-Key 

II, and PASS-Key III systems. 

GM compared the device proposed for 

its vehicle line with other devices 

which NHTSA has determined to be as 

effective in reducing and deterring 

motor vehicle theft as would 

compliance with the parts-marking 

requirements. GM stated that the theft 

rates for the 2003 and 2004 Cadillac 

CTS and the MY 2004 Cadillac SRX 

currently installed with the PASS-Key 

III+ antitheft device exhibit theft rates 

that are lower than the median theft rate 

(3.5826) established by the agency. The 

Cadillac CTS introduced as a MY 2003 

vehicle line has been equipped with the 

PASS-Key III+ device since the start of 

production. The theft rates for the MY 

2003 and 2004 Cadillac CTS is 1.0108 

and 0.7681 respectively. Similarly, the 

Cadillac SRX introduced as a MY 2004 

vehicle has been equipped with the 

PASS-Key III+ device since production. 

The theft rate for MY 2004 Cadillac SRX 

is 0.7789. GM stated that the theft rates 

experienced by these lines with 

installation of the PASS-Key III+ device 

demonstrate the effectiveness of the 

device. The agency agrees that the 

device is substantially similar to devices 

for which the agency has previously 

approved exemptions. 

Based on comparison of the reduction 

in the theft rates of GM vehicles using 

a passive theft deterrent device with an 

audible/visible alarm system to the 

reduction in theft rates for GM vehicle 

models equipped with a passive 

antitheft device without an alarm, GM 

finds that the lack of an alarm or 

attention attracting device does not 

compromise the theft deterrent 

performance of a system such as PASSKey III+. 

GM’s proposed device, as well as 

other comparable devices that have 

received full exemptions from the partsmarking requirements, lack an audible 

or visible alarm. Therefore, these 

devices cannot perform one of the 

functions listed in 49 CFR Part 

543.6(a)(3), that is, to call attention to 

unauthorized attempts to enter or move 

the vehicle. However, theft data have 

indicated a decline in theft rates for 

vehicle lines that have been equipped 

with devices similar to that which GM 

proposes. In these instances, the agency 

has concluded that the lack of a visual 

or audio alarm has not prevented these 

antitheft devices from being effective 

protection against theft. 

Based on the evidence submitted by 

GM, the agency believes that the 

antitheft device for the GM 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 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. 

As required by 49 U.S.C. 33106 and 

49 CFR Part 543.6(a)(4) and (5), the 

agency finds that GM has provided 

adequate reasons for its belief that the 

antitheft device will reduce and deter 

theft. This conclusion is based on the 

information GM provided about its 

device. 

For the foregoing reasons, the agency 

hereby grants in full GM’s petition for 

exemption for the Saturn Aura 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 GM decides not to use the 

exemption for this line, it should 

formally notify the agency. If such a 

decision is made, the line must be fully 

marked according to the requirements 

under 49 CFR 541.5 and 541.6 (marking 

of major component parts and 

replacement parts). 

NHTSA notes that if GM 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 

antitheft device on which the line’s 

exemption is based. Further, Part 

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 § 543.9(c)(2) 

could place on exempted vehicle 

manufacturers and itself. The agency 

did not intend in drafting 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: April 3, 2007. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E7–6528 Filed 4–6–07; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[NHTSA–04–17217] 

Insurer Reporting Requirements; 

Reports Under 49 U.S.C. on Section 

33112(c) 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Notice of availability. 

SUMMARY: This notice announces 

publication by NHTSA of the annual 

insurer report on motor vehicle theft for 

the 2001 reporting year. Section 

33112(h) of Title 49 of the U.S. Code, 


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17618 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices 

requires this information to be compiled 

periodically and published by the 

agency in a form that will be helpful to 

the public, the law enforcement 

community, and Congress. As required 

by section 33112(c), this report provides 

information on theft and recovery of 

vehicles; rating rules and plans used by 

motor vehicle insurers to reduce 

premiums due to a reduction in motor 

vehicle thefts; and actions taken by 

insurers to assist in deterring thefts. 

ADDRESSES: Interested persons may 

obtain a copy of this report and 

appendices by contacting the U.S. 

Department of Transportation, Docket 

Management, Room PL–401, 400 

Seventh Street, SW., Washington, DC 

20590. Docket hours are from 10 a.m. to 

5 p.m. Requests should refer to Docket 

No. 2004–17217. This report and 

appendices may also be viewed on-line 

at: http://www.nhtsa.dot.gov/cars/rules/ 

theft. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Rosalind Proctor, Office of International 

Vehicle, Fuel Economy and Consumer 

Standards, NHTSA, 400 Seventh Street, 

SW., Washington, DC 20590. Ms. 

Proctor’s telephone number is (202) 

366–0846. Her fax number is (202) 493–

2290. 

SUPPLEMENTARY INFORMATION: The Motor 

Vehicle Theft Law Enforcement Act of 

1984 (Theft Act) was implemented to 

enhance detection and prosecution of 

motor vehicle theft (Pub. L. 98–547). 

The Theft Act added a new Title VI to 

the Motor Vehicle Information and Cost 

Savings Act, which required the 

Secretary of Transportation to issue a 

theft prevention standard for identifying 

major parts of certain high-theft lines of 

passenger cars. The Act also addressed 

several other actions to reduce motor 

vehicle theft, such as increased criminal 

penalties for those who traffic in stolen 

vehicles and parts, curtailment of the 

exportation of stolen motor vehicles and 

off-highway mobile equipment, 

establishment of penalties for 

dismantling vehicles for the purpose of 

trafficking in stolen parts, and 

development of ways to encourage 

decreases in premiums charged to 

consumers for motor vehicle theft 

insurance. 

This notice announces publication by 

NHTSA of the annual insurer report on 

motor vehicle theft for the 2001 

reporting year. Section 33112(h) of Title 

49 of the U.S. Code, requires this 

information to be compiled periodically 

and published by the agency in a form 

that will be helpful to the public, the 

law enforcement community, and 

Congress. As required by section 

33112(h), this report focuses on the 

assessment of information on theft and 

recovery of motor vehicles, 

comprehensive insurance coverage and 

actions taken by insurers to reduce 

thefts for the 2001 reporting period. 

Section 33112 of Title 49 requires 

subject insurers or designated agents to 

report annually to the agency on theft 

and recovery of vehicles, on rating rules 

and plans used by insurers to reduce 

premiums due to a reduction in motor 

vehicle thefts, and on actions taken by 

insurers to assist in deterring thefts. 

Rental and leasing companies also are 

required to provide annual theft reports 

to the agency. In accordance with 49 

CFR Part 544.5, each insurer, rental and 

leasing company to which this 

regulation applies must submit a report 

annually not later than October 25, 

beginning with the calendar year for 

which they are required to report. The 

report would contain information for 

the calendar year three years previous to 

the year in which the report is filed. The 

report that was due by October 25, 2004 

contains the required information for 

the 2001 calendar year. Interested 

persons may obtain a copy of individual 

insurer reports for CY 2001 by 

contacting the U.S. Department of 

Transportation, Docket Management, 

Room PL–401, 400 Seventh Street, SW., 

Washington, DC 20590. Docket hours 

are from 10 a.m. to 5 p.m. Requests 

should refer to Docket No. 2004–17217. 

The annual insurer reports provided 

under section 33112 are intended to aid 

in implementing the Theft Act and 

fulfilling the Department’s requirements 

to report to the public the results of the 

insurer reports. The first annual insurer 

report, referred to as the Section 612 

Report on Motor Vehicle Theft, was 

prepared by the agency and issued in 

December 1987. The report included 

theft and recovery data by vehicle type, 

make, line, and model which were 

tabulated by insurance companies and, 

rental and leasing companies. 

Comprehensive premium information 

for each of the reporting insurance 

companies was also included. This 

report, the seventeenth, discloses the 

same subject information and follows 

the same reporting format. 

Issued on: March 30, 2007. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E7–6517 Filed 4–6–07; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

[No. OTS–2007–0009] 

Savings and Loan Holding Company 

Rating System 

AGENCY: Office of Thrift Supervision, 

Treasury (OTS). 

ACTION: Notice and request for comment. 

SUMMARY: Changes in the environment 

in which depository institutions and 

their holding companies operate have 

had a substantial impact on the way 

they are managed and necessitate 

changes in the way they are supervised. 

OTS supervises a diverse population of 

holding companies ranging from noncomplex companies with limited 

activities to large, internationally active 

conglomerates that engage in a variety of 

activities. OTS has a well-established 

program for meeting its statutory 

responsibilities with respect to savings 

and loan holding companies (SLHCs or 

holding companies) and the thrift 

industry. Holding company supervision 

is an integral part of this oversight 

program, and OTS routinely takes steps 

to enhance its risk-focused supervision 

of holding companies. 

While OTS has emphasized risk 

management in its supervisory 

processes for SLHCs of all sizes and 

complexities, this emphasis is not 

readily apparent in the primary 

components of the current SLHC 

supervisory rating system, CORE 

(Capital, Organizational Structure, 

Relationship, and Earnings). Therefore, 

OTS is considering making changes to 

the component descriptions and rating 

scale used to evaluate the condition of 

SLHCs. All SLHCs are assigned a rating, 

although the degree of supervisory 

scrutiny varies based on a risk-focused 

evaluation of their size, complexity, 

business activities, and risk exposures. 

OTS is committed to maintaining a 

common CORE component framework 

and a rating system that is flexible and 

applies to all SLHCs. After reviewing 

public comments, OTS intends to make 

any necessary changes to the proposal 

and adopt a final SLHC rating system. 

DATES: Comments must be received by 

June 8, 2007. 

ADDRESSES: You may submit comments, 

identified by OTS–2007–0009, by any of 

the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov, select 

‘‘Office of Thrift Supervision’’ from the 

agency drop-down menu, then click 

submit. Select Docket ID ‘‘OTS–2007–

0009’’ to submit or view public 


sroberts on PROD1PC70 with NOTICES