Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Notices 18037 

published on April 11, 2000 (65 FR 

19477–78). 

How to Read Comments submitted to 

the Docket: You may read the comments 

received by Docket Management at the 

address and times given above. You may 

also view the documents from the 

Internet at http://www.regulations.gov. 

Follow the online instructions for 

accessing the dockets. The docket ID 

number and title of this notice are 

shown at the heading of this document 

notice. Please note that even after the 

comment closing date, we will continue 

to file relevant information in the 

Docket as it becomes available. Further, 

some people may submit late comments. 

Accordingly, we recommend that you 

periodically search the Docket for new 

material. 

FOR FURTHER INFORMATION CONTACT: 

Coleman Sachs, Office of Vehicle Safety 

Compliance, NHTSA (202–366–3151). 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 30141(a)(1)(A), a 

motor vehicle that was not originally 

manufactured to conform to all 

applicable FMVSS shall be refused 

admission into the United States unless 

NHTSA has decided that the motor 

vehicle is substantially similar to a 

motor vehicle originally manufactured 

for sale in the United States, certified 

under 49 U.S.C. 30115, and of the same 

model year as the model of the motor 

vehicle to be compared, and is capable 

of being readily altered to conform to all 

applicable FMVSS. 

Petitions for eligibility decisions may 

be submitted by either manufacturers or 

importers who have registered with 

NHTSA pursuant to 49 CFR Part 592. As 

specified in 49 CFR 593.7, NHTSA 

publishes notice in the Federal Register 

of each petition that it receives, and 

affords interested persons an 

opportunity to comment on the petition. 

At the close of the comment period, 

NHTSA decides, on the basis of the 

petition and any comments that it has 

received, whether the vehicle is eligible 

for importation. The agency then 

publishes this decision in the Federal 

Register. 

Wallace Environmental Testing 

Laboratories, Inc. (WETL) of Houston, 

TX (Registered Importer 90–005) has 

petitioned NHTSA to decide whether 

non-U.S. certified 2008 Harley Davidson 

FX, FL, XL and VR series motorcycles 

are eligible for importation into the 

United States. The vehicles that WETL 

believes are substantially similar are 

2008 Harley Davidson FX, FL, XL and 

VR series motorcycles that were 

manufactured for sale in the United 

States and certified by their 

manufacturer as conforming to all 

applicable FMVSS. 

The petitioner claims that it carefully 

compared non-U.S. certified 2008 

Harley Davidson FX, FL, XL and VR 

series motorcycles to their U.S. certified 

counterparts, and found the vehicles to 

be substantially similar with respect to 

compliance with most FMVSS. 

WETL submitted information with its 

petition intended to demonstrate that 

non-U.S. certified 2008 Harley Davidson 

FX, FL, XL and VR series motorcycles, 

as originally manufactured, conform to 

many FMVSS in the same manner as 

their U.S. certified counterparts, or are 

capable of being readily altered to 

conform to those standards. 

Specifically, the petitioner claims that 

non-U.S. certified 2008 Harley Davidson 

FX, FL, XL and VR series motorcycles 

are identical to their U.S. certified 

counterparts with respect to compliance 

with Standard Nos. 106 Brake Hoses, 

111 Rearview Mirrors, 116 Brake Fluid, 

119 New Pneumatic Tires for Vehicles 

other than Passenger Cars, and 122 

Motorcycle Brake Systems. 

The petitioner further contends that 

the vehicles are capable of being readily 

altered to meet the following standards, 

in the manner indicated below: 

Standard No. 108 Lamps, Reflective 

Devices and Associated Equipment: 

Installation of the following U.S.- 

certified components on vehicles not 

already so equipped: (a) Headlamp; (b) 

front and rear side-mounted reflex 

reflectors; (c) rear-mounted reflex 

reflector; (d) rear turn signal lamps; (e) 

stoplamp; (f) taillamp; and (g) license 

plate lamp. 

Standard No. 120 Tire Selection and 

Rims for Vehicles Other Than Passenger 

Cars: Installation of a tire information 

placard. 

Standard No. 123 Motorcycle 

Controls and Displays: Installation of a 

U.S.-model speedometer/odometer unit 

to meet the requirements of this 

standard. 

Standard No. 205 Glazing Materials: 

Inspection of all vehicles, and removal 

of noncompliant glazing or replacement 

of the glazing with U.S.-certified 

components on vehicles that are not 

already so equipped. 

All comments received before the 

close of business on the closing date 

indicated above will be considered, and 

will be available for examination in the 

docket at the above addresses both 

before and after that date. To the extent 

possible, comments filed after the 

closing date will also be considered. 

Notice of final action on the petition 

will be published in the Federal 

Register pursuant to the authority 

indicated below. 

Authority: 49 U.S.C. 30141(a)(1)(A) and 

(b)(1); 49 CFR 593.8; delegations of authority 

at 49 CFR 1.50 and 501.8. 

Issued on: April 14, 2009. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. E9–8953 Filed 4–17–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition for Exemption From the 

Federal Motor Vehicle Motor Theft 

Prevention Standard; Porsche 

AGENCY: National Highway Traffic 

Safety Administration, Department of 

Transportation (DOT). 

ACTION: Grant of petition for exemption. 

SUMMARY: This document grants in full 

the petition of Porsche Cars North 

America, Inc. (Porsche) for an 

exemption in accordance with 

§ 543.9(c)(2) of 49 CFR Part 543, 

Exemption from the Theft Prevention 

Standard, for the Porsche Panamera 

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. 

Deborah Mazyck, Office of International 

Policy, Fuel Economy and Consumer 

Standards, NHTSA, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Ms. Mazyck’s phone number is (202) 

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

2290. 

SUPPLEMENTARY INFORMATION: In a 

petition dated February 17, 2009, 

Porsche requested an exemption from 

the parts-marking requirements of the 

theft prevention standard (49 CFR Part 

541) for the Porsche Panamera vehicle 

line beginning with MY 2010. The 

petition requested an exemption from 

parts-marking pursuant to 49 CFR 543, 

Exemption from Vehicle Theft 

Prevention Standard, based on the 

installation of an antitheft device as 

standard equipment for the entire 

vehicle line. 

Under § 543.5(a), a manufacturer may 

petition NHTSA to grant an exemption 


rmajette on PRODPC74 with NOTICES
18038 Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Notices 

for one vehicle line per model year. In 

its petition, Porsche provided a detailed 

description and diagram of the identity, 

design, and location of the components 

of the antitheft device for its new 

Porsche Panamera vehicle line. Porsche 

stated that all Porsche Panamera 

vehicles will be equipped with a passive 

antitheft device as standard equipment 

beginning with MY 2010. Key 

components of the antitheft device will 

include a microprocessor-based 

immobilizer system, electronic ignition 

switch, transponder key, remote control 

unit, alarm/central locking control unit, 

optional keyless entry system and 

electronic parking brake. The device 

will also be equipped with an audible 

and visible alarm. Additionally, Porsche 

stated that the central locking system 

works in conjunction with the audible 

and visible alarm. Locking the doors 

with the ignition key, the remote control 

or a door switch (with the keyless entry 

option) will activate the audible and 

visible alarm. An ultrasonic sensor in 

the alarm system will monitor the doors, 

rear luggage compartment, front deck 

lid, fuel filler door, and interior 

movement. The horn will sound and the 

lights will flash if there is any detection 

of unauthorized use. Porsche’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. 

Porsche stated that its immobilizer 

prevents the engine management system 

and steering system from functioning 

when the system is engaged. The 

immobilizer is automatically activated 

when the key is removed from the 

ignition switch assembly, or the 

optional special keyless entry keycard 

exits the vehicle with the driver. The 

immobilizer then returns to its normal 

‘‘off’’ state, where engine starting, 

operation, and steering are not allowed. 

Starting the engine and operation of the 

vehicle will be allowed only when the 

correct code is sent to the control unit 

by using the correct key in the ignition 

switch, or by having the correct keyless 

entry keycard within the occupant 

compartment of the car. The ignition 

key contains a radio signal transponder, 

which signals the control unit to allow 

steering and the engine to be started. 

With the keyless entry system, operation 

of the vehicle is allowed when the 

ignition key is substituted with the 

special keycard that contains a radio 

signal transmitter similar to the 

transponder in the standard ignition 

key. 

The central locking system works in 

conjunction with the audible and visible 

alarm. Locking the doors with the 

ignition key, the remote control or a 

door switch (with the keyless entry 

option) will activate the audible and 

visible alarm. 

Porsche will also equip the Panamera 

vehicle line with an electronically 

activated parking brake which it states 

is integrated into the vehicle’s antitheft 

device. If the control unit does not 

receive the correct code from the 

ignition key or keycard, the parking 

brake will remain activated and the 

vehicle cannot be towed away. 

Since the Porsche Panamera is a new 

vehicle line, there is currently no 

available theft rate data published by 

the agency for the vehicle line. 

However, Porsche provided data on the 

effectiveness of other similar antitheft 

devices installed on its 911 and Boxster 

vehicle lines in support of its belief that 

its device will be at least as effective as 

those comparable devices previously 

granted exemptions by the agency. 

Porsche’s data showed that the theft rate 

for the two vehicle lines remained 

consistently low over a 3-year period. 

The average theft rate using three MY’s 

data for the Porsche 911 and Boxster are 

0.8261 and 0.8784 respectively. Based 

on the experience of these vehicle lines, 

Porsche has concluded that the antitheft 

device proposed for its Porsche 

Panamera 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. 

In addressing the specific content 

requirements of 543.6, Porsche provided 

information on the reliability and 

durability of its proposed device. To 

ensure reliability and durability of the 

device, Porsche conducted tests based 

on its own specified standards. Porsche 

provided a detailed list of the tests 

conducted (i.e., extreme temperature 

tests, voltage spike tests, reverse polarity 

tests, electromagnetic interference tests, 

vibration tests and endurance tests) and 

believes that the device is reliable and 

durable since the device complied with 

its specific requirements for each test. 

Additionally, Porsche stated that the 

antitheft device also features a built-in 

self-diagnostic that constantly checks 

for system failures. If a failure is 

detected, an alarm indicator signals the 

driver. 

Porsche further states that 

disablement of the immobilizer is 

virtually impossible. Disconnecting 

power to the antitheft device does not 

affect the operation of the device. Once 

the antitheft device is activated, the 

device stays activated until the correct 

key or optional keycard is used to 

instruct the engine management system 

through code to begin functioning again. 

Porsche also stated that the immobilizer 

cannot be disabled by manipulation of 

the door locks or central-locking system 

because the locks/locking system are 

incapable of sending the code needed to 

disable the device. 

In further support of the reliability of 

its antitheft device, Porsche informed 

the agency that it has developed a new 

‘‘off-board’’ antitheft strategy to reduce 

the marketability of stolen electronic 

components. Specifically, Porsche 

stated that during the production of its 

vehicle, the initialization and 

registration of various antitheft 

electronic components are recorded in a 

central database. If the components have 

to be repaired or replaced, authorized 

access to the database must be obtained 

to receive authorization for the 

components. If authorized access to the 

central database is unavailable or the 

database indicates that the components 

are not authorized, further operation 

and use of the vehicle will be restricted 

or impossible to obtain. 

Based on the evidence submitted by 

Porsche, the agency believes that the 

antitheft device for the Panamera 

vehicle line 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 541). 

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 Porsche has provided 

adequate reasons for its belief that the 

antitheft device for the Porsche 

Panamera 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 Porsche provided about its 

device. 

The agency concludes that the device 

will provide the five types of 

performance listed in § 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 


rmajette on PRODPC74 with NOTICES
Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Notices 18039 

operation of the vehicle by 

unauthorized entrants; and ensuring the 

reliability and durability of the device. 

For the foregoing reasons, the agency 

hereby grants in full Porsche’s petition 

for exemption for the Porsche Panamera 

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 Porsche 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 Parts 541.5 and 541.6 

(marking of major component parts and 

replacement parts). 

NHTSA notes that if Porsche 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 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 April 14, 2009. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E9–8951 Filed 4–17–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Advisory Committee on Disability 

Compensation; Notice of Meeting 

The Department of Veterans Affairs 

(VA) gives notice under Public Law 92– 

463 (Federal Advisory Committee Act) 

that the Advisory Committee on 

Disability Compensation will meet on 

May 7–8, 2009, in the Carlton Room, at 

the St. Regis Washington, DC, 923 16th 

and K Streets, NW., from 8:30 a.m. to 5 

p.m. each day. The meeting is open to 

the public. 

The purpose of the Committee is to 

advise the Secretary of Veterans Affairs 

on the maintenance and periodic 

readjustment of the VA Schedule for 

Rating Disabilities. The Committee is to 

assemble and review relevant 

information relating to the nature and 

character of disabilities arising from 

service in the Armed Forces, provide an 

ongoing assessment of the effectiveness 

of the rating schedule and give advice 

on the most appropriate means of 

responding to the needs of veterans 

relating to disability compensation. 

On May 7, the Committee will receive 

briefings about studies on compensation 

for Veterans with service-connected 

disabilities and other Veteran benefits 

programs. On the afternoon of May 7 

and the morning of May 8, the 

Committee will break into 

subcommittees to prepare 

recommendations. In the afternoon of 

May 8, time will be allocated for 

receiving public comments. Public 

comments will be limited to three 

minutes each. Individuals wishing to 

make oral statements before the 

Committee will be accommodated on a 

first-come, first-served basis. 

Individuals who speak are invited to 

submit 1–2 page summaries of their 

comments at the time of the meeting for 

inclusion in the official meeting record. 

The public may submit written 

statements for the Committee’s review 

to Ms. Ersie Farber, Designated Federal 

Officer, Department of Veterans Affairs, 

Veterans Benefits Administration 

(211A), 810 Vermont Avenue, NW., 

Washington, DC 20420. Any member of 

the public wishing to attend the meeting 

or seeking additional information 

should contact Ms. Farber at (202) 461– 

9728 or Ersie.farber@va.gov. 

Dated: April 10, 2009. 

By Direction of the Secretary. 

E. Philip Riggin, 

Committee Management Officer. 

[FR Doc. E9–8869 Filed 4–17–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Advisory Committee on Gulf War 

Veterans; Notice of Meeting 

The Department of Veterans Affairs 

(VA) gives notice under Public Law 92– 

463 (Federal Advisory Committee Act) 

that the Advisory Committee on Gulf 

War Veterans will meet on May 6–7, 

2009, at the Residence Inn by Marriott, 

1199 Vermont Avenue, NW., 

Washington, DC, from 8:30 a.m. to 5 

p.m. each day. The meeting is open to 

the public. 

The purpose of the Committee is to 

provide advice and recommendations to 

the Secretary of Veterans Affairs on 

issues that are unique to Veterans who 

served in the Southwest Asia theater of 

operations during the 1990–1991 period 

of the Gulf War. 

On May 6, the Committee will hear 

from a panel of outreach professionals 

from various VA staff offices. The 

Committee will also receive briefings 

from the Executive Director of the Iraq 

and Afghanistan Veterans of America 

and other subject matter experts on Gulf 

War Illness research. 

On May 7, the Committee will receive 

a briefing from the National Director of 

the Post Deployment Integrated Care 

Initiative Model about VA’s strategic 

plan to implement the Model. In the 

afternoon of May 6 and 7, the 

Committee will discuss 

recommendations for its final report. 

Public comments will be received on 

May 6, from 3:15 p.m. until 3:45 p.m. 

Individuals wishing to speak must 

register not later than May 4, 2009, by 

contacting Ms. Lelia Jackson at (202) 

461–5758 and by submitting 1–2 page 

summaries of their comments for 

inclusion in the official record. A signin sheet will be available each day. 

Members of the public may also submit 

written statements for the Committee’s 

review to the Advisory Committee on 

Gulf War Veterans, Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Washington, DC 20420. 

Interested parties may also listen in 

by teleconferencing into the meeting. 

The toll-free teleconference line will be 

open daily from 8:30 a.m. until 5 p.m. 

(Eastern Standard Time). To register for 

the teleconference, contact Ms. Lelia 

Jackson at (202) 461–5758 or via e-mail 

at lelia.jackson@va.gov. 


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