Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 10149 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: 

Sandy Liu by email at: sandy.liu@

faa.gov; phone: 202–276–4748. 

SUPPLEMENTARY INFORMATION: 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including (a) 

Whether the proposed collection of 

information is necessary for FAA’s 

performance; (b) the accuracy of the 

estimated burden; (c) ways for FAA to 

enhance the quality, utility and clarity 

of the information collection; and (d) 

ways that the burden could be 

minimized without reducing the quality 

of the collected information. 

OMB Control Number: 2120–0737. 

Title: Aircraft Noise Certification 

Documents for International Operations. 

Form Numbers: None. Reference: 

ICAO Annex 16, Vol. 1—Aircraft Noise, 

Eighth edition (July 2017) Attachment G 

for format. 

Type of Review: Renewal of an 

information collection. 

Background: The Federal Register 

Notice with a 60-day comment period 

soliciting comments on the following 

collection of information was published 

on May 8, 2023 (88 FR 29801). On 

March 2, 2010, the FAA published the 

final rule Notice No. 91–312, Aircraft 

Noise Certification Documents for 

International Operations (75 FR 9327). It 

requires operators that fly outside the 

United States, using aircraft subject to 

ICAO, Annex 16, Volume 1, to carry 

aircraft noise certification information 

on board the aircraft. This collection is 

needed to ensure consistent 

international compliance with the 

ICAO, Annex 16, Volume 1, 

Amendment 8 that requires certain 

noise information be carried on board 

the aircraft. This information must be 

easily accessible to the flight crew and 

presentable upon request to the 

appropriate foreign National Aviation 

Authority (NAA) officials. The 

collection is mandatory based on U.S. 

regulations and international standards. 

Respondents: Operators of U.S. 

registered civil aircraft flying outside 

the United States. 

Frequency: 75 airplanes. 

Estimated Average Burden per 

Response: 25 minutes (0.42 hours). 

Estimated Total Annual Burden: $30 

per airplane × 75 airplanes affected = 

$2,250. 

Issued in Washington, DC, on February 7, 

2024. 

Sandy Liu, 

Engineer, Noise Division, Office of 

Environment and Energy, Noise Division 

(AEE–100). 

[FR Doc. 2024–02879 Filed 2–12–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2014–0003] 

Petition for Extension of Waiver of 

Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on January 22, 2024, Strasburg Rail 

Road Company (SRC) petitioned the 

Federal Railroad Administration (FRA) 

for an extension of a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 240 

(Qualification and Certification of 

Locomotive Engineers) and part 242 

(Qualification and Certification of 

Conductors). The relevant Docket 

Number is FRA–2014–0003. 

Specifically, SRC requests relief 

required to continue participation in 

FRA’s Confidential Close Call Reporting 

System (C3RS) Program. SRC seeks to 

continue shielding reporting employees 

from mandatory punitive sanctions that 

would otherwise arise as provided in 

§§ 240.117(e)(1)–(4); 240.305(a)(1)–(4) 

and (a)(6); 240.307; 242.403(b), (c), 

(e)(1)–(4), (e)(6)–(11), (f)(1)–(2); and 

242.407. The C3RS Program encourages 

certified operating crew members to 

report close calls and protects the 

employees and the railroad from 

discipline or sanctions arising from the 

incidents reported per the C3RS 

Implementing Memorandum of 

Understanding. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested parties desire 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted at www.regulations.gov. 

Follow the online instructions for 

submitting comments. 

Communications received by April 

15, 2024 will be considered by FRA 

before final action is taken. Comments 

received after that date will be 

considered if practicable. 

Anyone can search the electronic 

form of any written communications 

and comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

Under 5 U.S.C. 553(c), DOT solicits 

comments from the public to better 

inform its processes. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at https://

www.transportation.gov/privacy. See 

also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2024–02920 Filed 2–12–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition for Exemption From the 

Federal Motor Vehicle Theft Prevention 

Standard; Volkswagen Group of 

America, Inc. 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition for exemption. 

SUMMARY: This document grants in full 

the Volkswagen Group of America, 

Inc.’s (Volkswagen) petition for 

exemption from the Federal Motor 

Vehicle Theft Prevention Standard (theft 

prevention standard) for its ID.7 vehicle 

line beginning in model year (MY) 2025. 

The 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. Volkswagen 


lotter on DSK11XQN23PROD with NOTICES1
10150 Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 

1 49 CFR 543.7 specifies that the manufacturer 

must include a statement that their entire vehicle 

line is equipped with an immobilizer that meets 

one of the following standards: 

(1) The performance criteria (subsections 8 

through 21) of C.R.C, c. 1038.114, Theft Protection 

and Rollaway Prevention (in effect March 30, 2011), 

as excerpted in appendix A of [part 543]; 

(2) National Standard of Canada CAN/ULC– 

S338–98, Automobile Theft Deterrent Equipment 

and Systems: Electronic Immobilization (May 1998); 

(3) United Nations Economic Commission for 

Europe (UN/ECE) Regulation No. 97 (ECE R97), 

Uniform Provisions Concerning Approval of Vehicle 

Alarm System (VAS) and Motor Vehicles with 

Regard to Their Alarm System (AS) in effect August 

8, 2007; or 

(4) UN/ECE Regulation No. 116 (ECE R116), 

Uniform Technical Prescriptions Concerning the 

Protection of Motor Vehicles Against Unauthorized 

Use in effect on February 10, 2009. 

2 49 U.S.C. 33106(d). 3 49 CFR 543.6(a)(3). 

also requested confidential treatment for 

specific information in its petition. 

Therefore, no confidential information 

provided for purposes of this notice has 

been disclosed. 

DATES: The exemption granted by this 

notice is effective beginning with the 

2025 model year. 

FOR FURTHER INFORMATION CONTACT: 

Carlita Ballard, Office of International 

Policy, Fuel Economy, and Consumer 

Programs, NHTSA, West Building, 

W43–439, NRM–310, 1200 New Jersey 

Avenue SE, Washington, DC 20590. Ms. 

Ballard’s phone number is (202) 366– 

5222. Her fax number is (202) 493–2990. 

SUPPLEMENTARY INFORMATION: Under 49 

U.S.C. chapter 331, the Secretary of 

Transportation (and the National 

Highway Traffic Safety Administration 

(NHTSA) by delegation) is required to 

promulgate a theft prevention standard 

to provide for the identification of 

certain motor vehicles and their major 

replacement parts to impede motor 

vehicle theft. NHTSA promulgated 

regulations at 49 CFR part 541 (theft 

prevention standard) to require partsmarking for specified passenger motor 

vehicles and light trucks. Pursuant to 49 

U.S.C. 33106, manufacturers that are 

subject to the parts-marking 

requirements may petition the Secretary 

of Transportation for an exemption for 

a line of passenger motor vehicles 

equipped with an antitheft device as 

standard equipment that the Secretary 

decides is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking requirements. In accordance 

with this statute, NHTSA promulgated 

49 CFR part 543, which establishes the 

process through which manufacturers 

may seek an exemption from the theft 

prevention standard. 

49 CFR 543.5 provides general 

submission requirements for petitions 

and states that each manufacturer may 

petition NHTSA for an exemption of 

one vehicle line per model year. Among 

other requirements, manufacturers must 

identify whether the exemption is 

sought under section 543.6 or section 

543.7. Under section 543.6, a 

manufacturer may request an exemption 

by providing specific information about 

the antitheft device, its capabilities, and 

the reasons the petitioner believes the 

device to be as effective at reducing and 

deterring theft as compliance with the 

parts-marking requirements. Section 

543.7 permits a manufacturer to request 

an exemption under a more streamlined 

process if the vehicle line is equipped 

with an antitheft device (an 

‘‘immobilizer’’) as standard equipment 

that complies with one of the standards 

specified in that section.1

Section 543.8 establishes 

requirements for processing petitions for 

exemption from the theft prevention 

standard. As stated in section 543.8(a), 

NHTSA processes any complete 

exemption petition. If NHTSA receives 

an incomplete petition, NHTSA will 

notify the petitioner of the deficiencies. 

Once NHTSA receives a complete 

petition the Agency will process it and, 

in accordance with section 543.8(b), 

will grant the petition if it determines 

that, based upon substantial 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. 

Section 543.8(c) requires NHTSA to 

issue its decision either to grant or to 

deny an exemption petition not later 

than 120 days after the date on which 

a complete petition is filed. If NHTSA 

does not make a decision within the 

120-day period, the petition shall be 

deemed to be approved and the 

manufacturer shall be exempt from the 

standard for the line covered by the 

petition for the subsequent model year.2

Exemptions granted under part 543 

apply only to the vehicle line or lines 

that are subject to the grant and that are 

equipped with the antitheft device on 

which the line’s exemption was based, 

and are effective for the model year 

beginning after the model year in which 

NHTSA issues the notice of exemption, 

unless the notice of exemption specifies 

a later year. 

Sections 543.8(f) and (g) apply to the 

manner in which NHTSA’s decisions on 

petitions are to be made known. Under 

section 543.8(f), if the petition is sought 

under section 543.6, NHTSA publishes 

a notice of its decision to grant or deny 

the exemption petition in the Federal 

Register and notifies the petitioner in 

writing. Under section 543.8(g), if the 

petition is sought under section 543.7, 

NHTSA notifies the petitioner in writing 

of the Agency’s decision to grant or 

deny the exemption petition. 

This grant of petition for exemption 

considers Volkswagen Group of 

America, Inc.’s (Volkswagen) petition 

for its ID.7 vehicle line beginning in MY 

2025. 

I. Specific Petition Content 

Requirements Under 49 CFR 543.6 

Pursuant to 49 CFR part 543, 

Exemption from Vehicle Theft 

Prevention, Volkswagen petitioned for 

an exemption for its specified vehicle 

line from the parts-marking 

requirements of the theft prevention 

standard, beginning in MY 2025. 

Volkswagen petitioned under 49 CFR 

543.6, Petition: Specific content 

requirements, which, as described 

above, requires manufacturers to 

provide specific information about the 

antitheft device installed as standard 

equipment on all vehicles in the line for 

which an exemption is sought, the 

antitheft device’s capabilities, and the 

reasons the petitioner believes the 

device to be as effective at reducing and 

deterring theft as compliance with the 

parts-marking requirements. 

More specifically, section 543.6(a)(1) 

requires petitions to include a statement 

that an antitheft device will be installed 

as standard equipment on all vehicles in 

the line for which the exemption is 

sought. Under section 543.6(a)(2), each 

petition must list each component in the 

antitheft system and include a diagram 

showing the location of each of those 

components within the vehicle. As 

required by section 543.6(a)(3), each 

petition must include an explanation of 

the means and process by which the 

device is activated and functions, 

including any aspect of the device 

designed to: (1) facilitate or encourage 

its activation by motorists; (2) attract 

attention to the efforts of an 

unauthorized person to enter or move a 

vehicle by means other than a key; (3) 

prevent defeating or circumventing the 

device by an unauthorized person 

attempting to enter a vehicle by means 

other than a key; (4) prevent the 

operation of a vehicle which an 

unauthorized person has entered using 

means other than a key; and (5) ensure 

the reliability and durability of the 

device.3

In addition to providing information 

about the antitheft device and its 

functionality, petitioners must also 

submit the reasons for their belief that 

the antitheft device will be effective in 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 10151 

4 49 CFR 543.6(a)(4). 

5 49 CFR 543.6(a)(5). 

6 49 CFR 512.20(a). 

reducing and deterring motor vehicle 

theft, including any theft data and other 

data that are available to the petitioner 

and form a basis for that belief,4 and the 

reasons for their belief that the Agency 

should determine that the antitheft 

device is likely to be as effective as 

compliance with the parts-marking 

requirements of part 541 in reducing 

and deterring motor vehicle theft. In 

support of this belief, the petitioners 

should include any statistical data that 

are available to the petitioner and form 

the basis for the petitioner’s belief that 

a line of passenger motor vehicles 

equipped with the antitheft device is 

likely to have a theft rate equal to or less 

than that of passenger motor vehicles of 

the same, or a similar, line which have 

parts-marked in compliance with part 

541.5

The following sections describe 

Volkswagen’s petition information 

provided pursuant to 49 CFR part 543, 

Exemption from Vehicle Theft 

Prevention. To the extent that specific 

information in Volkswagen’s petition is 

subject to a properly filed 

confidentiality request, that information 

was not disclosed as part of this notice.6

II. Volkswagen’s Petition for Exemption 

In a petition dated May 15, 2025, 

Volkswagen requested an exemption 

from the parts-marking requirements of 

the theft prevention standard for its ID.7 

vehicle line beginning with MY 2025. 

In its petition, Volkswagen provided a 

detailed description and diagram of the 

identity, design, and location of the 

components of the antitheft device for 

its ID.7 vehicle line. Volkswagen stated 

that its fifth-generation transponderbased electronic engine immobilizer 

antitheft device will be installed as 

standard equipment on the entire MY 

2025 ID.7 vehicle line. Volkswagen also 

stated that its ID.7 is an electric vehicle 

that will be equipped with a RWD or an 

AWD transmission. Key components of 

the antitheft device will include an 

adapted ignition key (ID-transmitter or 

‘‘key fob’’), In Car Application Server 1 

(ICAS1) with integrated gateway (cluster 

to CAN bus, only routing function) and 

a Power Control Unit (LSG1) in case of 

4 motion (all wheel drive) (LSG1 and 

LSG2). Ford stated that an audible and 

visual alarm will be offered as optional 

equipment. 

Pursuant to Section 543.6(a)(3), 

Volkswagen explained that its 

immobilizer device actively 

incorporates the power control unit into 

the evaluation and monitoring process. 

Volkswagen also stated that activation 

of its immobilizer device occurs 

automatically after the engine is 

switched off. Deactivation of the 

immobilizer device occurs when the 

ignition is turned on or the key fob is 

recognized by the immobilizer control 

unit. Specifically, when turning on the 

ignition on/off switch, the key 

transponder sends a fixed code to the 

immobilizer control unit. If this is 

identified as the correct code, a variable 

code is generated in the immobilizer 

control unit and sent to the transponder. 

Volkswagen stated that a secret 

arithmetic process is then started 

according to a set of specific equations 

and that a new variable code is 

generated every time the immobilizer 

goes through the secret computing 

process. The results of the computing 

process are evaluated in the control unit 

and if verified, the vehicle key is 

acknowledged as correct. The engine 

control unit then sends a variable code 

to the immobilizer control unit for 

mutual identification. If all the data 

matches, the vehicle can be started. 

As required in section 543.6(a)(3)(v), 

Volkswagen provided information on 

the reliability and durability of its 

proposed device. To ensure reliability 

and durability of the device, 

Volkswagen stated that the antitheft 

device has been tested for compliance 

with its corporate requirements, 

including those for electrical and 

electronic assemblies in motor vehicles 

related to performance requirements 

including electrical system temperature 

stability, mechanical integrity, electrical 

performance, electromagnetic 

compatibility (EMC), environmental 

compatibility and service life. 

In accordance with 49 CFR 

543.6(a)(5), Volkswagen provided data 

on the theft rate of similarly-sized 

vehicle lines that had been granted an 

exemption from the parts-marking 

requirement. Volkswagen also 

referenced the effectiveness of 

immobilizer devices installed on other 

vehicles for which NHTSA has granted 

exemptions. Specifically, Volkswagen 

referenced information from the 

Highway Loss Data Institute which 

showed that BMW vehicles experienced 

theft loss reductions resulting in a 73% 

decrease in relative claim frequency and 

a 78% lower average loss payment per 

claim for vehicles equipped with an 

immobilizer. Volkswagen also stated 

that the National Crime Information 

Center’s (NCIC) theft data showed that 

there was a 70% reduction in theft 

experienced when comparing the MY 

1987 Ford Mustang vehicle thefts (with 

immobilizers) to MY 1995 Ford Mustang 

vehicle thefts (without immobilizers). 

III. Decision To Grant the Petition 

Pursuant to 49 U.S.C. 33106 and 49 

CFR 543.8(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 substantial 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 Volkswagen has provided 

adequate reasons for its belief that the 

antitheft device for its 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. This conclusion is based on 

the information the Volkswagen 

provided about its antitheft device. 

NHTSA believes, based on the 

supporting evidence submitted by 

Volkswagen, that the antitheft device 

described for its 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. 

The Agency concludes that 

Volkswagen’s antitheft device will 

provide four of the five types of 

performance features listed in section 

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. 

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 543.8(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 Volkswagen decides not to use the 

exemption for its requested vehicle line, 

the manufacturer must formally notify 

the Agency. If such a decision is made, 

the line must be fully marked as 

required by 49 CFR 541.5 and 541.6 

(marking of major component parts and 

replacement parts). 

NHTSA notes that if Volkswagen 

wishes in the future to modify the 

device on which this exemption is 


lotter on DSK11XQN23PROD with NOTICES1
10152 Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 

1 49 CFR 543.7 specifies that the manufacturer 

must include a statement that their entire vehicle 

line is equipped with an immobilizer that meets 

one of the following standards: 

(1) The performance criteria (subsections 8 

through 21) of C.R.C, c. 1038.114, Theft Protection 

and Rollaway Prevention (in effect March 30, 2011), 

as excerpted in appendix A of [part 543]; 

(2) National Standard of Canada CAN/ULC– 

S338–98, Automobile Theft Deterrent Equipment 

and Systems: Electronic Immobilization (May 1998); 

(3) United Nations Economic Commission for 

Europe (UN/ECE) Regulation No. 97 (ECE R97), 

Uniform Provisions Concerning Approval of Vehicle 

Alarm System (VAS) and Motor Vehicles with 

Regard to Their Alarm System (AS) in effect August 

8, 2007; or 

(4) UN/ECE Regulation No. 116 (ECE R116), 

Uniform Technical Prescriptions Concerning the 

Protection of Motor Vehicles Against Unauthorized 

Use in effect on February 10, 2009. 

2 49 U.S.C. 33106(d). 

based, the company may have to submit 

a petition to modify the exemption. 

Section 543.8(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, section 543.10(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 the 

exemption.’’ 

The Agency wishes to minimize the 

administrative burden that section 

543.10(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 Volkswagen 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. 

For the foregoing reasons, the Agency 

hereby grants in full Volkswagen’s 

petition for exemption for the ID.7 

vehicle line from the parts-marking 

requirements of 49 CFR part 541, 

beginning with its MY 2025 vehicles. 

Issued under authority delegated in 

49 CFR 1.95 and 501.8. 

Raymond R. Posten, 

Associate Administrator for Rulemaking. 

[FR Doc. 2024–02865 Filed 2–12–24; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition for Exemption From the 

Federal Motor Vehicle Theft Prevention 

Standard; Toyota Motor North 

America, Inc. 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition for exemption. 

SUMMARY: This document grants in full 

the Toyota Motor North America, Inc.’s 

(Toyota) petition for exemption from the 

Federal Motor Vehicle Theft Prevention 

Standard (theft prevention standard) for 

its Subaru Solterra vehicle line 

beginning in model year (MY) 2025. The 

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. Toyota also 

requested confidential treatment for 

specific information in its petition. 

Therefore, no confidential information 

provided for purposes of this notice has 

been disclosed. 

DATES: The exemption granted by this 

notice is effective beginning with the 

2025 model year. 

FOR FURTHER INFORMATION CONTACT: 

Carlita Ballard, Office of International 

Policy, Fuel Economy, and Consumer 

Programs, NHTSA, West Building, 

W43–439, NRM–310, 1200 New Jersey 

Avenue SE, Washington, DC 20590. Ms. 

Ballard’s phone number is (202) 366– 

5222. Her fax number is (202) 493–2990. 

SUPPLEMENTARY INFORMATION: Under 49 

U.S.C. chapter 331, the Secretary of 

Transportation (and the National 

Highway Traffic Safety Administration 

(NHTSA) by delegation) is required to 

promulgate a theft prevention standard 

to provide for the identification of 

certain motor vehicles and their major 

replacement parts to impede motor 

vehicle theft. NHTSA promulgated 

regulations at 49 CFR part 541 (theft 

prevention standard) to require partsmarking for specified passenger motor 

vehicles and light trucks. Pursuant to 49 

U.S.C. 33106, manufacturers that are 

subject to the parts-marking 

requirements may petition the Secretary 

of Transportation for an exemption for 

a line of passenger motor vehicles 

equipped with an antitheft device as 

standard equipment that the Secretary 

decides is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking requirements. In accordance 

with this statute, NHTSA promulgated 

49 CFR part 543, which establishes the 

process through which manufacturers 

may seek an exemption from the theft 

prevention standard. 

49 CFR 543.5 provides general 

submission requirements for petitions 

and states that each manufacturer may 

petition NHTSA for an exemption of 

one vehicle line per model year. Among 

other requirements, manufacturers must 

identify whether the exemption is 

sought under section 543.6 or section 

543.7. Under section 543.6, a 

manufacturer may request an exemption 

by providing specific information about 

the antitheft device, its capabilities, and 

the reasons the petitioner believes the 

device to be as effective at reducing and 

deterring theft as compliance with the 

parts-marking requirements. Section 

543.7 permits a manufacturer to request 

an exemption under a more streamlined 

process if the vehicle line is equipped 

with an antitheft device (an 

‘‘immobilizer’’) as standard equipment 

that complies with one of the standards 

specified in that section.1

Section 543.8 establishes 

requirements for processing petitions for 

exemption from the theft prevention 

standard. As stated in section 543.8(a), 

NHTSA processes any complete 

exemption petition. If NHTSA receives 

an incomplete petition, NHTSA will 

notify the petitioner of the deficiencies. 

Once NHTSA receives a complete 

petition the Agency will process it and, 

in accordance with section 543.8(b), 

will grant the petition if it determines 

that, based upon substantial 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. 

Section 543.8(c) requires NHTSA to 

issue its decision either to grant or to 

deny an exemption petition not later 

than 120 days after the date on which 

a complete petition is filed. If NHTSA 

does not make a decision within the 

120-day period, the petition shall be 

deemed to be approved and the 

manufacturer shall be exempt from the 

standard for the line covered by the 

petition for the subsequent model year.2

Exemptions granted under part 543 

apply only to the vehicle line or lines 

that are subject to the grant and that are 

equipped with the antitheft device on 

which the line’s exemption was based, 

and are effective for the model year 

beginning after the model year in which 

NHTSA issues the notice of exemption, 

unless the notice of exemption specifies 

a later year. 

Sections 543.8(f) and (g) apply to the 

manner in which NHTSA’s decisions on 

petitions are to be made known. Under 

section 543.8(f), if the petition is sought 


lotter on DSK11XQN23PROD with NOTICES1