Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices 30103 

Richard H. Doyle, Regional Administrator, Region 1—Boston, Kendall 

Square 55 Broadway, Suite 920, Cambridge, MA 02142–1093, Tel. 

617–494–2055.

Robert C. Patrick, Regional Administrator, Region 6–Ft. Worth, 819 

Taylor Street, Room 8A36, Ft. Worth, TX 76102, Tel. 817–978– 

0550. 

States served: Connecticut, Maine, Massachusetts, New Hampshire, 

Rhode Island, and Vermont.

States served: Arkansas, Louisiana, Oklahoma, New Mexico and 

Texas. 

Brigid Hynes-Cherin, Regional Administrator, Region 2—New York, 

One Bowling Green, Room 429, New York, NY 10004–1415,Tel. 

212–668–2170.

Mokhtee Ahmad, Regional Administrator, Region 7—Kansas City, MO, 

901 Locust Street, Room 404, Kansas City, MO 64106,Tel. 816– 

329–3920. 

States served: New Jersey, New York ..................................................... States served: Iowa, Kansas, Missouri, and Nebraska. 

New York Metropolitan Office, Region 2—New York, One Bowling 

Green, Room 428, New York, NY 10004–1415, Tel. 212–668–2202.

Letitia Thompson, Regional Administrator, Region 3—Philadelphia, 

1760 Market Street, Suite 500, Philadelphia, PA 19103–4124, Tel. 

215–656–7100.

Terry Rosapep, Regional Administrator, Region 8—Denver, 12300 

West Dakota Ave., Suite 310, Lakewood, CO 80228–2583, Tel. 

720–963–3300. 

States served: Delaware, Maryland, Pennsylvania, Virginia, West Virginia, and District of Columbia.States served: Colorado, Montana, North Dakota, South Dakota, Utah, 

and Wyoming. 

Philadelphia Metropolitan Office, Region 3—Philadelphia, 1760 Market 

Street, Suite 500, Philadelphia, PA 19103–4124, Tel. 215–656–7070.

Washington, DC Metropolitan Office, 1990 K Street, NW, Room 510, 

Washington, DC 20006, Tel. 202–219–3562.

Yvette Taylor, Regional Administrator, Region 4—Atlanta, 230 

Peachtreet Street, NW., Suite 800, Atlanta, GA 30303, Tel. 404–865– 

5600.

Leslie T. Rogers, Regional Administrator, Region 9—San Francisco, 

201 Mission Street, Room 1650, San Francisco, CA 94105– 

1926,Tel. 415–744–3133. 

States served: Alabama, Florida, Georgia, Kentucky, Mississippi, North 

Carolina, Puerto Rico, South Carolina, Tennessee, and Virgin Islands.

States served: American Samoa, Arizona, California, Guam, Hawaii, 

Nevada, and the Northern Mariana Islands. 

Los Angeles Metropolitan Office, Region 9—Los Angeles, 888 S. 

Figueroa Street, Suite 1850, Los Angeles, CA 90017–1850, Tel. 

213–202–3952. 

Marisol Simon, Regional Administrator, Region 5—Chicago, 200 West 

Adams Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789.

Rick Krochalis, Regional Administrator, Region 10—Seattle, Jackson 

Federal Building, 915 Second Avenue, Suite 3142, Seattle, WA 

98174–1002, Tel. 206–220–7954. 

States served: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.States served: Alaska, Idaho, Oregon, and Washington. 

Chicago Metropolitan Office, Region 5—Chicago, 200 West Adams 

Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789.

[FR Doc. 2010–12950 Filed 5–27–10; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition for Exemption From the 

Vehicle Theft Prevention Standard; 

Ford Motor Company 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA). 

Department of Transportation (DOT). 

ACTION: Grant of petition for exemption. 

SUMMARY: This document grants in full 

the Ford Motor Company’s (Ford) 

petition for an exemption of the 

Explorer vehicle line in accordance with 

§ 543.9(c)(2) of 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 parts-marking requirements of the 

Theft Prevention Standard (49 CFR Part 

541). Ford requested confidential 

treatment for the attachments it 

submitted in support of its petition. The 

agency will address Ford’s request for 

confidential treatment by separate letter. 

DATES: The exemption granted by this 

notice is effective beginning with the 

2011 model year. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carlita Ballard, Office of International 

Policy, Fuel Economy and Consumer 

Programs, NHTSA, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Ms. Ballard’s telephone number is (202) 

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

2990. 

SUPPLEMENTARY INFORMATION: In a 

petition dated December 11, 2009, Ford 

requested an exemption from the partsmarking requirements of the Theft 

Prevention Standard (49 CFR Part 541) 

for the MY 2011 Ford Explorer vehicle 

line. 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 exemptions for 

one vehicle line per model year. In its 

petition, Ford provided a detailed 

description and diagram of the identity, 

design, and location of the components 

of the antitheft device for the Explorer 

vehicle line. Ford will install its 

SecuriLock antitheft device (also known 

as the Passive Antitheft System or 

PATS) on the 2011 Explorer as standard 

equipment. Ford stated that it will also 

offer its Intelligent Access with Push 

Button Start (IAwPB) antitheft device as 

optional equipment. Ford stated that 

both systems are passive, electronic 

immobilizer devices that use encrypted 

transponder technology. Key 

components of the Securilock/PATS 

antitheft device will include an 

electronic transponder key, transceiver 

module, ignition lock, and a passive 

immobilizer. Key components of the 

IAwPB device is an electronic keyfob, 

remote function actuator, body control 

module, power train control module 

and a passive immobilizer. Ford stated 

that its MY 2011 Explorer vehicle line 

will also be equipped with several other 

standard antitheft features common to 

Ford vehicles, (i.e., counterfeit resistant 

VIN labels; secondary VINs, cabin 

accessibility through the use of a valid 

key fob or keycode). Ford further stated 

that there will also be a separate visible 

and audible perimeter alarm available 

on its Explorer vehicle line. The alarm 

will be available as an option on 

vehicles with the Securilock/PATS 

device and included as standard 

equipment on vehicles with the IAwPB 

device. Ford’s submission is considered 


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30104 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices 

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. 

Ford stated that the devices 

integration of the transponder into the 

normal operation of the ignition key 

assures activation of the system. Ford 

further stated that both devices are 

always active and require no other 

operator action. Specifically, in the 

SecuriLock device, when the ignition 

key is turned to the ‘‘start’’ position, the 

transceiver module reads the ignition 

key code and transmits an encrypted 

message from the keycode to the control 

module, which then determines key 

validity and authorizes engine starting 

by sending a separate encrypted 

message to the powertrain contol 

module (PCM). In the IAwPB device, 

when the ‘‘startstop’’ button is pressed, 

the transceiver module reads the key 

code and transmits an encrypted 

message from the keycode to the control 

module to determine validity and 

authorizes engine starting by sending a 

separate encrypted message to the body 

control module (BCM), the PEP/RFA 

module and the PCM. Ford pointed out 

that in addition to the programmed key, 

the three modules that must be matched 

to allow start of the vehicle adds even 

an additional level of security to the 

IAwPB device and in both devices, if 

the codes do not match, the powertrain 

engine starter, spark and fuel will be 

disabled. 

In addressing the specific content 

requirements of 543.6, Ford provided 

information on the reliability and 

durability of its proposed device. To 

ensure reliability and durability of the 

device, Ford conducted tests based on 

its own specified standards. Ford 

provided a detailed list of the tests 

conducted and believes that the device 

is reliable and durable since the device 

complied with its specified 

requirements for each test. 

Ford also stated that incorporation of 

several features in both devices further 

support reliability and durability of the 

devices. Specifically, some of those 

features include: encrypted 

communication between the 

transponder, control function and the 

power train control module; no moving 

parts; inability to mechanically override 

the device to start the vehicle; and the 

body control module/remote function 

actuator and the power train control 

module share security data that during 

vehicle assembly form matched 

modules that if separated from each 

other will not function in other vehicles. 

Ford 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. Ford stated that it 

believes that the standard installation of 

either the SecuriLock device or the 

IAwPB device would be an effective 

deterrent against vehicle theft. 

Ford stated that it installed the 

SecuriLock device on all MY 1996 Ford 

Mustang GT and Cobra models and 

other selected models. Ford stated that 

in the 1997 model, the SecuriLock 

device was extended to the complete 

Ford Mustang vehicle line as standard 

equipment. Ford also stated that 

according to the National Insurance 

Crime Bureau (NICB) theft statistics, MY 

1997 Mustangs installed with the 

SecuriLock device showed a 70% 

reduction in theft rate compared to the 

MY 1995 Mustangs. Ford also reported 

that the SecuriLock device is currently 

offered as standard equipment on most 

of its North American Ford, Lincoln and 

Mercury vehicles but is offered as 

optional equipment on its F-series 

Super Duty pickups, Econoline and 

Transit Connect vehicles. Ford stated 

that with MY 2011, the IAwPB device 

will be offered as standard equipment 

on the Lincoln MKT and optionally on 

the Lincoln MKS, MKX, Taurus, Edge 

and the Explorer vehicles. 

Ford also referenced theft rate data 

published by NHTSA showing that the 

theft rate for the Explorer is lower than 

the median theft rate for all vehicles 

from MY’s 2000–2006. Ford stated that 

the 2011 Explorer will be comparable in 

vehicle segment, size and equipment 

(including the SecuriLock device) to 

those Explorer/Mercury Mountaineer 

vehicles for which theft rate data is 

currently available (between MYs 2004 

and 2006). Ford stated that since either 

the SecuriLock device or the IAwPB 

device is the primary theft deterrent on 

Ford Explorer vehicles, it believes that 

theft rates for the Explorer will improve 

or continue comparatively lower in the 

future than the theft rates experienced 

by its Explorer/Mercury Mountaineer 

vehicles between MYs’ 2004–2006. The 

theft rate for the Ford Explorer using 

two MYs’ data (2004–2005) data is 

1.6797 and theft rate for the Mercury 

Mountaineer using three MYs data is 

1.3361. 

The agency agrees that the device is 

substantially similar to devices in other 

vehicle lines for which the agency has 

already granted exemptions. Based on 

the evidence submitted by Ford, the 

agency believes that the antitheft device 

for the Explorer 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). 

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 Ford has provided adequate 

reasons for its belief that the antitheft 

device for the Ford Explorer 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 

Ford 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. 

For the foregoing reasons, the agency 

hereby grants in full Ford’s petition for 

exemption for the Explorer 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 Ford 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 Ford 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 


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Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices 30105 

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: May 25, 2010. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. 2010–12948 Filed 5–27–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) received 

a request for a waiver of compliance 

with certain requirements of its safety 

standards. The individual petition is 

described below, including the party 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

requested, and the petitioner’s 

arguments in favor of relief. 

Long Island Rail Road 

[Waiver Petition Docket Number FRA–2010– 

0090] 

The Long Island Rail Road (LIRR) 

seeks a waiver of compliance with the 

Locomotive Safety Standards, 49 CFR 

229.129(b)(2), which requires that the 

sound level of locomotives 

manufactured before September 18, 

2006, have their horns tested before 

June 24, 2010; and 49 CFR 229.129(c), 

which prescribes the testing 

requirements for testing locomotive 

horns. 

LIRR operates 836 M–7 MU passenger 

cars of which 84 have had their horns 

tested; and 170 M–3 MU passenger cars 

of which 60 have had their horns tested. 

In addition, LIRR operates 80 diesel 

electric locomotives of which 7 horns 

have been tested; and 23 control car 

locomotives of which 2 horns have been 

tested. 

LIRR cites the previous winters (2009 

and 2010) climatic conditions for failure 

to complete the required horn testing. 

LIRR is requesting an additional 6- 

month extension to complete the 

testing. Because of the constraints of 

their maintenance facilities, LIRR is also 

requesting that they be allowed to 

utilize an alternate testing standard. 

LIRR would do reference sample testing 

of locomotive horns as required in 49 

CFR 229.129(c), and use the test results 

from the reference tests to develop an 

alternative test plan. 

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 party desires 

an opportunity for oral comment, 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 (e.g., Waiver 

Petition Docket Number 2010–0090) and 

may be submitted by any of the 

following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received within 30 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to 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 comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC on May 24, 

2010. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. 2010–12880 Filed 5–27–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Solicitation of Applications for Fiscal 

Year (FY) 2010 Motor Carrier Safety 

Assistance Program (MCSAP) High 

Priority Grant Funding 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice. 

SUMMARY: FMCSA announces that on 

May 21 it published an opportunity to 

apply for FY 2010 MCSAP High Priority 

grant funding on the grants.gov Web site 

(http://www.grants.gov). 

DATES: FMCSA will initially consider 

funding for applications submitted by 

July 1, 2010. If additional funding 

remains available, applications 

submitted after that date will be 

considered on a case-by-case basis. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cim Weiss, Federal Motor Carrier Safety 

Administration, Office of Safety 

Programs, State Programs Division (MC– 

ESS), 202–366–0275, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Office hours are from 8:00 a.m. to 4:30 

p.m., EST., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: The 

Consolidated Appropriations Act of 

2010 provides grant funding for 

Commercial Motor Vehicle (CMV) safety 

programs as authorized under the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users, Public Law 111–147, 124 Stat. 71 

(2010); Public Law 109–59, 119 Stat. 

1144 (2005). 

This notice announces the availability 

of approximately $2,000,000 in unawarded FY 2010 funding for MCSAP 

High Priority projects. These funds are 

available for activities conducted by 

State agencies, local governments, and 

organizations representing government 


jlentini on DSKJ8SOYB1PROD with NOTICES