10984 Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 

FOR FURTHER INFORMATION CONTACT: Neil 

E. Moyer, Chief, Intercity Passenger Rail 

Analysis Division, U.S. Department of 

Transportation, Federal Railroad 

Administration (e-mail 

Neil.Moyer@dot.gov; telephone 202– 

493–6365); or Ed Courtemanch, Sr. 

Principal, Operations Service Planning, 

Amtrak (e-mail CourteE@amtrak.com; 

telephone 202–906–3249). 

Issued in Washington, DC, on March 9, 

2009. 

Neil Moyer, 

Chief, Intercity Passenger Rail Analysis 

Division. 

[FR Doc. E9–5513 Filed 3–12–09; 8:45 am] 

BILLING CODE 4910–06–P 

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. 

SUMMARY: This document grants in full 

the petition of Volkswagen Group of 

America (VW) in accordance with 

543.9(c)(2) of 49 CFR part 543, 

Exemption from the Theft Prevention 

Standard, for the Audi A3 vehicle line 

beginning with model year (MY) 2010. 

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. 

DATES: The exemption granted by this 

notice is effective beginning with model 

year (MY) 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carlita Ballard, Office of International 

Policy, Fuel Economy and Consumer 

Programs, NHTSA, 1200 New Jersey 

Avenue, SE., West Building, W43–439, 

Washington, DC 20590. Ms. Ballard’s 

phone number is (202) 366–0846. Her 

fax number is (202) 493–2990. 

SUPPLEMENTARY INFORMATION: In a 

petition dated November 10, 2008, VW 

requested an exemption from the partsmarking requirements of the Theft 

Prevention Standard (49 CFR part 541) 

for the Audi A3 vehicle line beginning 

with MY 2010. The petition requested 

an 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 543.5(a), a manufacturer may 

petition NHTSA to grant an exemption 

for one vehicle line per model 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 its new Audi 

A3 vehicle line. VW will install its 

passive, transponder-based, electronic 

immobilizer antitheft device as standard 

equipment on its Audi A3 vehicle line 

beginning with MY 2010. Key 

components of the antitheft device will 

include a passive immobilizer, an 

immobilizer control unit, a mechanical 

ignition lock with immobilizer reading 

coil, an adapted ignition key, and an 

engine control unit. The antitheft device 

will not include an audible or visible 

alarm feature as standard equipment. 

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 stated that once the driver/ 

operator turns on the ignition, 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. 

A secret arithmetic process is then 

started in the transponder and the 

control unit according to a set of 

specific equations. The results of the 

computing process is evaluated in the 

control unit and if they tally, the vehicle 

key is acknowledged as correct. The 

engine control unit then sends a 

variable code to the immobilizer control 

unit, enabling start up of the vehicle. 

VW stated that a new variable code is 

generated each time during this secret 

computing process. Therefore, VW 

believes that the code is undecipherable 

and impossible to duplicate. 

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 

(i.e., electrical system temperature 

stability, mechanical integrity, electrical 

performance, environmental 

compatibility and service life) and 

believes that the device is reliable and 

durable since the device complied with 

its specific requirements for each test. 

Additionally, VW stated that after 

adapting in the electronic module of the 

key transponder has been initiated, a 

pairing between the key and the 

immobilizer occurs at which point the 

key can no longer be used for any other 

immobilizer. 

In supplementary information 

submitted to the agency on January 12, 

2009, VW stated that since the Audi A3 

has only been equipped with a standard 

immobilizer and alarm since its 

introduction in MY 2006, there is no 

comparative Audi data available for the 

Audi A3 without an immobilizer. VW 

also stated that the agency’s MY 2006 

theft data published in the Federal 

Register on October 14, 2008, reported 

that the Audi A3 had a theft rate of 

1.0751 which is below the median. VW 

also provided data on the theft 

reduction benefits experienced by other 

vehicle lines installed with immobilizer 

devices that have recently been granted 

petitions for exemptions by the agency. 

VW has concluded that the antitheft 

device proposed for its Audi A3 vehicle 

line is no less effective than those 

devices in the lines for which NHTSA 

has already granted full exemption from 

the parts-marking requirements. The 

agency agrees that the device is 

substantially similar to devices in these 

and other vehicle lines for which the 

agency has already granted exemptions. 

Based on the evidence submitted by 

VW, the agency believes that the 

antitheft device for the Audi A3 vehicle 

line is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partmarking requirements of the Theft 

Prevention Standard. 

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 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 VW has provided adequate 

reasons for its belief that the antitheft 

device for the Audi A3 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 

VW provided about its device. 

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. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 10985 

For the foregoing reasons, the agency 

hereby grants in full VW’s petition for 

exemption for the Audi A3 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 partsmarking requirements of the Theft 

Prevention Standard. 

If VW 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 

according to the requirements under 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, 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 part 

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: March 10, 2009. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E9–5477 Filed 3–12–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Actions on Special Permit Applications 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of actions on Special 

Permit Applications. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR Part 107, Subpart 

B), notice is hereby given of the actions 

on special permits applications in (June 

to March 2009). The mode of 

transportation involved are identified by 

a number in the ‘‘Nature of 

Application’’ portion of the table below 

as follows: 1—Motor vehicle, 2—Rail 

freight, 3—Cargo vessel, 4—Cargo 

aircraft only, 5 Passenger-carrying 

aircraft. Application numbers prefixed 

by the letters EE represent applications 

for Emergency Special Permits. It 

should be noted that some of the 

sections cited were those in effect at the 

time certain special permits were 

issued. 

Issued in Washington, DC, on March 3, 

2009. 

Delmer F. Billings, 

Director, Office of Hazardous Materials, 

Special Permits and Approvals. 

S.P No. S.P No. Applicant Regulation(s) Nature of special permit thereof 

MODIFICATION SPECIAL PERMIT GRANTED 

14656–M ...... ........................... PurePak Technology, 

Chandler, AZ.

49 CFR 173.158(f)(3) ..... To modify the special permit to authorize a smaller 

Corporation outer packaging. 

14488–M ...... PHMSA–08–0190 .. Sanofi Pasteur, 

Swiftwater, PA.

49 CFR 173.24(b)(1) ...... To reissue the special permit originally issued on 

an emergency basis for the transportation in 

commerce of an influenza vaccine in a custom 

stainless steel batch reactor and to allow for renewal. 

13133–M ...... RSPA–02–13796 ... Department of Energy, 

Albuquerque, NM.

49 CFR 172.320; 

173.54(a); 173.56(b); 

173.57; 173.58; 173.62.

To modify the special permit to remove the sample limitation. 

14694–M ...... PHMSA–08–0113 .. Department of Defense, 

Scott AFB, IL.

49 CFR 173.62 ............... To reissue the special permit originally issued on 

an emergency basis for the transportation in 

commerce of certain equipment contaminated 

with explosives in non-DOT specification packaging. 

12155–M ...... ........................... S&C Electric Company, 

Chicago, IL.

49 CFR 172.301(c); 

173.304.

To modify the special permit to remove the 

placarding requirement when transporting by 

motor vehicle. 

11379–M ...... ........................... TRW Occupant Safety 

Systems, Washington, 

MI.

49 CFR 173.301(h), 

173.302.

To modify the special permit to allow the transportation in commerce of an additional Division 

1.4G and Division 2.2 material. 

14576–M ...... ........................... Structural Composites Industries (SCI), Pomona, CA.49 CFR 173.302a and 

173.304a.

To modify the special permit to authorize an increase in the maximum water volume from 300 

liters to 315 liters. 


sroberts on PROD1PC70 with NOTICES