80_FR_13715 80 FR 13665 - Petition for Exemption From the Vehicle Theft Prevention Standard; Volkswagen Group of America, Inc.

80 FR 13665 - Petition for Exemption From the Vehicle Theft Prevention Standard; Volkswagen Group of America, Inc.

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 50 (March 16, 2015)

Page Range13665-13667
FR Document2015-05831

This document grants in full the Volkswagen Group of America, Inc.'s (Volkswagen's) petition for exemption of the Audi TT vehicle line in accordance with 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 49 CFR part 541, Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard).

Federal Register, Volume 80 Issue 50 (Monday, March 16, 2015)
[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Notices]
[Pages 13665-13667]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05831]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention 
Standard; Volkswagen Group of America, Inc.

AGENCY: National Highway Traffic Safety Administration, Department of 
Transportation.

ACTION: Grant of petition for exemption.

-----------------------------------------------------------------------

SUMMARY: This document grants in full the Volkswagen Group of America, 
Inc.'s (Volkswagen's) petition for exemption of the Audi TT vehicle 
line in accordance with 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 49 CFR part 541, Federal Motor Vehicle Theft Prevention 
Standard (Theft Prevention Standard).

[[Page 13666]]


DATES: The exemption granted by this notice is effective beginning with 
the 2016 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, West 
Building, W43-443, 1200 New Jersey Avenue SE., Washington, DC 20590. 
Ms. Mazyck's phone number is (202) 366-4139. Her fax number is (202) 
493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated January 9, 2015, 
Volkswagen requested an exemption from the parts-marking requirements 
of the Theft Prevention Standard for the Audi TT vehicle line beginning 
with MY 2016. 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 the entire vehicle line.
    Under 49 CFR part 543.5(a), a manufacturer may petition NHTSA to 
grant an exemption for one vehicle line per model year. In its 
petition, Volkswagen provided a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device for the Audi TT vehicle line. Volkswagen stated that the MY 2016 
Audi TT will be installed with its fifth generation, transponder-based 
electronic engine immobilizer antitheft device as standard equipment on 
the entire vehicle line. Volkswagen stated that its immobilizer device 
is aimed to actively incorporate the engine control unit and the 
automatic gearbox into the evaluation and monitoring processes. Key 
components of the antitheft device will include an engine control unit, 
instrument cluster, gateway, automatic gearbox, and an adapted 
transponder ignition key (key fob). Volkswagen stated that keyless 
entry and locking control will be available as standard equipment on 
the entire Audi TT vehicle line. Volkswagen stated that the keyless 
entry and locking control uses a transponder key that allows the doors 
to be locked by touching a button on the outside door handle of the 
vehicle, or to be opened by touching the outside door handle when the 
key fob is near the door. Volkswagen also stated that its antitheft 
device will include an audible and visible alarm system as standard 
equipment on the entire line. Volkswagen's submission is considered a 
complete petition as required by 49 CFR 543.7, in that it meets the 
general requirements contained in Sec.  543.5 and the specific content 
requirements of Sec.  543.6.
    Volkswagen stated that the immobilizer device is activated 
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. A secret arithmetic process 
is then started according to a set of specific equations. 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 and the automatic gearbox then sends a variable code to 
the immobilizer control unit for mutual identification. If all the data 
matches, start-up of the vehicle is enabled. Volkswagen stated that a 
new variable code is generated every time the immobilizer goes through 
the secret computing process. Therefore, Volkswagen stated that it 
believes the code is undecipherable.
    Activation of the audible and visible alarm system occurs when the 
``lock'' button on the key fob is pressed, the driver's door is locked, 
or when the vehicle is locked by using the keyless entry and locking 
control. When the system is activated, the horn will sound and the 
vehicle's exterior lights will flash when unauthorized entry is 
attempted by opening the hood, doors, or luggage compartment. 
Volkswagen also stated that deactivation of the audible and visible 
alarm system is performed by unlocking the vehicle doors with the key 
fob, using the mechanical key in the driver's door lock cylinder, or 
opening the vehicle using the keyless entry and locking control.
    In addressing the specific content requirements of 543.6, 
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 to its corporate requirements, including those for 
electrical and electronic assemblies in motor vehicles related to 
performance.
    In support of its belief that its antitheft device will be as or 
more effective in reducing and deterring vehicle theft than the parts-
marking requirement, Volkswagen 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 that 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. Additionally, Volkswagen 
stated that the proposed device is similar to the antitheft device 
installed on its Audi A3, A4, and Q3 vehicle lines. The agency granted 
in full the petition for the Audi A3 vehicle line beginning with model 
year 2010, (see 74 FR 10984, March 13, 2009), the Audi A4 vehicle line 
(see 71 FR 4966, January 30, 2006), and the Audi Q3 vehicle line 
beginning with model year 2015 (see 78 FR 50489, August 19, 2013). The 
agency notes that the average theft rate for the Audi A3 and A4 vehicle 
lines using three MYs' data (MYs 2010 through 2012) are 1.1974 and 
0.6096 respectively. Current theft rate data is not available for the 
Audi Q3 vehicle line. Volkswagen also submitted information showing 
that the theft rates published by NHTSA indicated that the Audi TT had 
very low theft rates for MYs 2010 through 2012. Specifically, theft 
rates for the Audi TT vehicle line for MYs 2010 through 2012 are 
0.8326, 0.000, and 0.000 respectively.
    The agency agrees that the device is substantially similar to 
devices installed on other vehicle lines for which the agency has 
already granted exemptions.
    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7 (b), the agency grants 
a petition for exemption from the parts-marking 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 the Audi TT 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 
Volkswagen provided about its antitheft device.
    Based on the evidence submitted by Volkswagen, the agency believes 
that the antitheft device for the Audi TT 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

[[Page 13667]]

performance listed in Sec.  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 
Volkswagen's petition for exemption for the Volkswagen Audi TT 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.
    NHTSA notes that if Volkswagen 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.
    Under authority delegated in 49 CFR part 1.95.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-05831 Filed 3-13-15; 8:45 am]
BILLING CODE 4910-59-P



                                                                             Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices                                    13665

                                               Necessity and Foreign Air Carrier                       the Department considers its certificate    statements should be supplied in the
                                               Permits were filed under Subpart B                      amendment request.                          following formats: One hard copy with
                                               (formerly Subpart Q) of the Department                                                              original signature and/or one electronic
                                                                                                       Barbara J. Hairston,
                                               of Transportation’s Procedural                                                                      copy via email.
                                                                                                       Supervisory Dockets Officer, Docket            A portion of the April 1 meeting will
                                               Regulations (See 14 CFR 302. 201 et
                                                                                                       Operations, Federal Register Liaison.
                                               seq.). The due date for Answers,                                                                    be unavailable to the public (starting at
                                                                                                       [FR Doc. 2015–05892 Filed 3–13–15; 8:45 am]
                                               Conforming Applications, or Motions to                                                              approximately 4:30 p.m.).
                                               Modify Scope are set forth below for                    BILLING CODE 4910–9X–P                         An agenda will be posted on the FAA
                                               each application. Following the Answer                                                              Web site at www.faa.gov/go/ast. For
                                               period DOT may process the application                                                              specific information concerning the
                                                                                                       DEPARTMENT OF TRANSPORTATION times and locations of the COMSTAC
                                               by expedited procedures. Such
                                               procedures may consist of the adoption                  Federal Aviation Administration             working group meetings, contact the
                                               of a show-cause order, a tentative order,                                                           Contact Person listed below.
                                               or in appropriate cases a final order                   Commercial Space Transportation                Individuals who plan to attend and
                                               without further proceedings.                            Advisory Committee—Open Meeting             need special assistance, such as sign
                                                  Docket Number: DOT–OST–2015–                                                                     language interpretation or other
                                                                                                       AGENCY: Federal Aviation                    reasonable accommodations, should
                                               0012.
                                                  Date Filed: February 2, 2015.                        Administration (FAA), DOT.                  inform the Contact Persons listed below
                                                  Due Date for Answers, Conforming                     ACTION: Notice of Commercial Space          in advance of the meeting.
                                               Applications, or Motion to Modify                       Transportation Advisory Committee           FOR FURTHER INFORMATION CONTACT:
                                               Scope: February 23, 2015.                               Open Meeting.                               Larry Scott, telephone (202) 267–7982;
                                                  Description: Application of T’way Air                SUMMARY: Pursuant to Section 10(a)(2) of
                                                                                                                                                   email larry.scott@faa.gov, FAA Office of
                                               Co., Ltd. (‘‘T’way Air’’) requesting a                  the Federal Advisory Committee Act          Commercial Space Transportation
                                               foreign air carrier permit and an                       (Pub. L. 92–463, 5 U.S.C. App. 2), notice (AST–3), 800 Independence Avenue
                                               exemption authorizing T’way Air to                      is hereby given of a meeting of the         SW., Room 331, Washington, DC 20591.
                                               engage in: (1) Scheduled foreign air                                                                   Complete information regarding
                                                                                                       Commercial Space Transportation
                                               transportation of persons, property and                                                             COMSTAC is available on the FAA Web
                                                                                                       Advisory Committee (COMSTAC). The
                                               mail from points behind the Republic of                                                             site at: http://www.faa.gov/about/office_
                                                                                                       meeting will take place on Wednesday,
                                               Korea, via the Republic of Korea and                                                                org/headquarters_offices/ast/advisory_
                                                                                                       April 1, 2015, from 8:00 a.m. to 5:00
                                               intermediate points, to a point or points                                                           committee/.
                                                                                                       p.m. at the National Transportation
                                               in the United States and beyond; (2)                    Safety Board Conference Center, 429            Issued in Washington, DC, February 25,
                                               charter foreign air transportation of                   L’Enfant Plaza SW., Washington, DC          2015.
                                               persons, property and mail between any                  20594. This will be the 61st meeting of     George C. Nield,
                                               point or points in the Republic of Korea                the COMSTAC.                                Associate Administrator for Commercial
                                               and any point or points in the United                      The proposed schedule for the            Space Transportation.
                                               States, and beyond to any point or                      COMSTAC working group meetings on           [FR Doc. 2015–05829 Filed 3–13–15; 8:45 am]
                                               points in a third country or countries;                 April 1 is below:                           BILLING CODE 4910–13–P
                                               and (3) other charter foreign air                       —Operations (8:00 a.m.–9:00 a.m.)
                                               transportation.                                         —Business/Legal (9:00 a.m.–10:00 a.m.)
                                                  Docket Number: DOT–OST–2015–                         —Systems (10:00 a.m.–11:00 a.m.)            DEPARTMENT OF TRANSPORTATION
                                               0014.                                                   —International Space Policy (11:00
                                                  Date Filed: February 2, 2015.                           a.m.–12:00 p.m.)                         National Highway Traffic Safety
                                                  Due Date for Answers, Conforming                        The full Committee will meet on          Administration
                                               Applications, or Motion to Modify                       April 1, from 1:00 p.m. to 4:30 p.m. The
                                               Scope: February 23, 2015.                               proposed agenda for that meeting            Petition for Exemption From the
                                                  Description: Application of LIMA NY                  features speakers relevant to the           Vehicle Theft Prevention Standard;
                                               Corp. requesting authority to engage in                 commercial space transportation             Volkswagen Group of America, Inc.
                                               scheduled passengers operations as a                    industry; and reports and                   AGENCY: National Highway Traffic
                                               commuter air carrier operating daily                    recommendations from the working            Safety Administration, Department of
                                               service between the East Hampton                        groups.                                     Transportation.
                                               Airport and New York Skyports in New                       Interested members of the public may ACTION: Grant of petition for exemption.
                                               York City, New York.                                    submit relevant written statements for
                                                  Docket Number: DOT–OST–1999–                         the COMSTAC members to consider             SUMMARY: This document grants in full
                                               6663 and DOT–OST–2011–0076.                             under the advisory process. Statements      the Volkswagen Group of America,
                                                  Date Filed: February 2, 2015.                        may concern the issues and agenda           Inc.’s (Volkswagen’s) petition for
                                                  Due Date for Answers, Conforming                     items mentioned above and/or                exemption of the Audi TT vehicle line
                                               Applications, or Motion to Modify                       additional issues that may be relevant      in accordance with 49 CFR part 543,
                                               Scope: February 23, 2015.                               for the U.S. commercial space               Exemption from the Theft Prevention
                                                  Description: Application of United                   transportation industry. Interested         Standard. This petition is granted
                                               Parcel Service Co. (‘‘UPS’’) requesting                 parties wishing to submit written           because the agency has determined that
                                               the Department amend its certificate to                 statements should contact Larry Scott,      the antitheft device to be placed on the
Rmajette on DSK2VPTVN1PROD with NOTICES




                                               include authority to operate scheduled                  COMSTAC Designated Federal Officer,         line as standard equipment is likely to
                                               foreign air transportation of property                  (the Contact Person listed below) in        be as effective in reducing and deterring
                                               and mail between IAH and MTY. UPS                       writing (mail or email) by March 25,        motor vehicle theft as compliance with
                                               also requests exemption authority                       2015, so that the information can be        the parts-marking requirements of 49
                                               pursuant to the Department’s                            made available to COMSTAC members           CFR part 541, Federal Motor Vehicle
                                               streamlined licensing procedures, in                    for their review and consideration          Theft Prevention Standard (Theft
                                               order to commence this service while                    before the April 1 meeting. Written         Prevention Standard).


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                                               13666                         Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices

                                               DATES:  The exemption granted by this                      Volkswagen stated that the                         information from the Highway Loss Data
                                               notice is effective beginning with the                  immobilizer device is activated                       Institute that showed that BMW
                                               2016 model year (MY).                                   automatically after the engine is                     vehicles experienced theft loss
                                                                                                       switched off. Deactivation of the                     reductions resulting in a 73% decrease
                                               FOR FURTHER INFORMATION CONTACT:   Ms.
                                                                                                       immobilizer device occurs when the                    in relative claim frequency and a 78%
                                               Deborah Mazyck, Office of International
                                                                                                       ignition is turned on or the key fob is               lower average loss payment per claim
                                               Policy, Fuel Economy and Consumer
                                                                                                       recognized by the immobilizer control                 for vehicles equipped with an
                                               Programs, NHTSA, West Building,
                                                                                                       unit. Specifically, when turning on the               immobilizer. Additionally, Volkswagen
                                               W43–443, 1200 New Jersey Avenue SE.,                    ignition on/off switch, the key                       stated that the proposed device is
                                               Washington, DC 20590. Ms. Mazyck’s                      transponder sends a fixed code to the                 similar to the antitheft device installed
                                               phone number is (202) 366–4139. Her                     immobilizer control unit. If this is                  on its Audi A3, A4, and Q3 vehicle
                                               fax number is (202) 493–2990.                           identified as the correct code, a variable            lines. The agency granted in full the
                                               SUPPLEMENTARY INFORMATION:      In a                    code is generated in the immobilizer                  petition for the Audi A3 vehicle line
                                               petition dated January 9, 2015,                         control unit and sent to the transponder.             beginning with model year 2010, (see 74
                                               Volkswagen requested an exemption                       A secret arithmetic process is then                   FR 10984, March 13, 2009), the Audi A4
                                               from the parts-marking requirements of                  started according to a set of specific                vehicle line (see 71 FR 4966, January 30,
                                               the Theft Prevention Standard for the                   equations. The results of the computing               2006), and the Audi Q3 vehicle line
                                               Audi TT vehicle line beginning with                     process are evaluated in the control unit             beginning with model year 2015 (see 78
                                               MY 2016. The petition requested an                      and, if verified, the vehicle key is                  FR 50489, August 19, 2013). The agency
                                               exemption from parts-marking pursuant                   acknowledged as correct. The engine                   notes that the average theft rate for the
                                               to 49 CFR part 543, Exemption from                      control unit and the automatic gearbox                Audi A3 and A4 vehicle lines using
                                               Vehicle Theft Prevention Standard,                      then sends a variable code to the                     three MYs’ data (MYs 2010 through
                                               based on the installation of an antitheft               immobilizer control unit for mutual                   2012) are 1.1974 and 0.6096
                                               device as standard equipment for the                    identification. If all the data matches,              respectively. Current theft rate data is
                                               entire vehicle line.                                    start-up of the vehicle is enabled.                   not available for the Audi Q3 vehicle
                                                                                                       Volkswagen stated that a new variable                 line. Volkswagen also submitted
                                                  Under 49 CFR part 543.5(a), a
                                                                                                       code is generated every time the                      information showing that the theft rates
                                               manufacturer may petition NHTSA to
                                                                                                       immobilizer goes through the secret                   published by NHTSA indicated that the
                                               grant an exemption for one vehicle line
                                                                                                       computing process. Therefore,                         Audi TT had very low theft rates for
                                               per model year. In its petition,
                                                                                                       Volkswagen stated that it believes the                MYs 2010 through 2012. Specifically,
                                               Volkswagen provided a detailed
                                                                                                       code is undecipherable.                               theft rates for the Audi TT vehicle line
                                               description and diagram of the identity,                   Activation of the audible and visible              for MYs 2010 through 2012 are 0.8326,
                                               design, and location of the components                  alarm system occurs when the ‘‘lock’’                 0.000, and 0.000 respectively.
                                               of the antitheft device for the Audi TT                 button on the key fob is pressed, the                    The agency agrees that the device is
                                               vehicle line. Volkswagen stated that the                driver’s door is locked, or when the                  substantially similar to devices installed
                                               MY 2016 Audi TT will be installed with                  vehicle is locked by using the keyless                on other vehicle lines for which the
                                               its fifth generation, transponder-based                 entry and locking control. When the                   agency has already granted exemptions.
                                               electronic engine immobilizer antitheft                 system is activated, the horn will sound                 Pursuant to 49 U.S.C. 33106 and 49
                                               device as standard equipment on the                     and the vehicle’s exterior lights will                CFR 543.7 (b), the agency grants a
                                               entire vehicle line. Volkswagen stated                  flash when unauthorized entry is                      petition for exemption from the parts-
                                               that its immobilizer device is aimed to                 attempted by opening the hood, doors,                 marking requirements of Part 541, either
                                               actively incorporate the engine control                 or luggage compartment. Volkswagen                    in whole or in part, if it determines that,
                                               unit and the automatic gearbox into the                 also stated that deactivation of the                  based upon substantial evidence, the
                                               evaluation and monitoring processes.                    audible and visible alarm system is                   standard equipment antitheft device is
                                               Key components of the antitheft device                  performed by unlocking the vehicle                    likely to be as effective in reducing and
                                               will include an engine control unit,                    doors with the key fob, using the                     deterring motor vehicle theft as
                                               instrument cluster, gateway, automatic                  mechanical key in the driver’s door lock              compliance with the parts-marking
                                               gearbox, and an adapted transponder                     cylinder, or opening the vehicle using                requirements of Part 541. The agency
                                               ignition key (key fob). Volkswagen                      the keyless entry and locking control.                finds that Volkswagen has provided
                                               stated that keyless entry and locking                      In addressing the specific content                 adequate reasons for its belief that the
                                               control will be available as standard                   requirements of 543.6, Volkswagen                     antitheft device for the Audi TT vehicle
                                               equipment on the entire Audi TT                         provided information on the reliability               line is likely to be as effective in
                                               vehicle line. Volkswagen stated that the                and durability of its proposed device.                reducing and deterring motor vehicle
                                               keyless entry and locking control uses a                To ensure reliability and durability of               theft as compliance with the parts-
                                               transponder key that allows the doors to                the device, Volkswagen stated that the                marking requirements of the Theft
                                               be locked by touching a button on the                   antitheft device has been tested for                  Prevention Standard (49 CFR part 541).
                                               outside door handle of the vehicle, or to               compliance to its corporate                           This conclusion is based on the
                                               be opened by touching the outside door                  requirements, including those for                     information Volkswagen provided about
                                               handle when the key fob is near the                     electrical and electronic assemblies in               its antitheft device.
                                               door. Volkswagen also stated that its                   motor vehicles related to performance.                   Based on the evidence submitted by
                                               antitheft device will include an audible                   In support of its belief that its                  Volkswagen, the agency believes that
                                               and visible alarm system as standard                    antitheft device will be as or more                   the antitheft device for the Audi TT
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                                               equipment on the entire line.                           effective in reducing and deterring                   vehicle line is likely to be as effective
                                               Volkswagen’s submission is considered                   vehicle theft than the parts-marking                  in reducing and deterring motor vehicle
                                               a complete petition as required by 49                   requirement, Volkswagen referenced the                theft as compliance with the parts-
                                               CFR 543.7, in that it meets the general                 effectiveness of immobilizer devices                  marking requirements of the Theft
                                               requirements contained in § 543.5 and                   installed on other vehicles for which                 Prevention Standard (49 CFR 541). The
                                               the specific content requirements of                    NHTSA has granted exemptions.                         agency concludes that the device will
                                               § 543.6.                                                Specifically, Volkswagen referenced                   provide four of the five types of


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                                                                             Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices                                             13667

                                               performance listed in § 543.6(a)(3):                    DEPARTMENT OF THE TREASURY                                 472410022; KOMID Representative
                                               Promoting activation, preventing defeat                                                                            in Namibia (individual) [DPRK2].
                                               or circumvention of the device by                       Office of Foreign Assets Control                      5. KIM, Kwang Chun; DOB 20 Apr 1967;
                                               unauthorized persons, preventing                                                                                   Korea Ryungseng Trading
                                               operation of the vehicle by                             Imposition of Sanctions Pursuant to                        Corporation Representative in
                                               unauthorized entrants, and ensuring the                 Executive Order 13687 on January 2,                        Shenyang, China (individual)
                                               reliability and durability of the device.               2015                                                       [DPRK2].
                                                  For the foregoing reasons, the agency                AGENCY:  Office of Foreign Assets                     6. KIM, Kwang Yon; DOB 30 Jul 1966;
                                               hereby grants in full Volkswagen’s                      Control, Treasury.                                         nationality Korea, North; Passport
                                               petition for exemption for the                                                                                     563210059 (individual) [DPRK2].
                                                                                                       ACTION: Notice.
                                               Volkswagen Audi TT vehicle line from                                                                          7. KIM, Kyu; DOB 30 Jul 1968;
                                               the parts-marking requirements of 49                    SUMMARY:    The Department of the                          nationality Korea, North; KOMID
                                               CFR part 541. The agency notes that 49                  Treasury’s Office of Foreign Assets                        External Affairs Officer (individual)
                                               CFR part 541, Appendix A–1, identifies                  Control (OFAC) is publishing the names                     [DPRK2].
                                               those lines that are exempted from the                  of 10 individuals and three entities                  8. KIM, Yong Chol; DOB 18 Feb 1962;
                                               Theft Prevention Standard for a given                   whose property and interests in                            nationality Korea, North; KOMID
                                               model year. 49 CFR part 543.7(f)                        property are blocked pursuant to                           Representative in Iran (individual)
                                               contains publication requirements                       Executive Order 13687 of January 2,                        [DPRK2].
                                               incident to the disposition of all Part                 2015, ‘‘Imposing Additional Sanctions                 9. RYU, Jin; DOB 07 Aug 1965;
                                               543 petitions. Advanced listing—                        With Respect To North Korea.’’                             nationality Korea, North; Passport
                                               including the release of future product                 DATES: OFAC’s actions described in this
                                                                                                                                                                  563410081; KOMID official in Syria
                                               nameplates, the beginning model year                    notice were effective January 2, 2015.                     (individual) [DPRK2].
                                               for which the petition is granted, and a                                                                      10. YU, Kwang Ho; DOB 18 Oct 1956;
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                               general description of the antitheft                                                                               nationality Korea, North
                                                                                                       Associate Director for Global Targeting,                   (individual) [DPRK2].
                                               device—is necessary in order to notify                  tel.: 202/622–2420, Assistant Director
                                               law enforcement agencies of new                         for Sanctions Compliance & Evaluation,                Entities
                                               vehicle lines exempted from the parts-                  tel.: 202/622–2490, Assistant Director
                                               marking requirements of the Theft                                                                             1. RECONNAISSANCE GENERAL
                                                                                                       for Licensing, tel.: 202/622–2480, Office                 BUREAU (a.k.a. CHONGCH’AL
                                               Prevention Standard.                                    of Foreign Assets Control, or Chief
                                                  NHTSA notes that if Volkswagen                                                                                 CH’ONGGUK; a.k.a. KPA UNIT 586;
                                                                                                       Counsel (Foreign Assets Control), tel.:                   a.k.a. ‘‘RGB’’), Hyongjesan-Guyok,
                                               wishes in the future to modify the                      202/622–2410, Office of the General
                                               device on which this exemption is                                                                                 Pyongyang, Korea, North;
                                                                                                       Counsel, Department of the Treasury                       Nungrado, Pyongyang, Korea, North
                                               based, the company may have to submit                   (not toll free numbers).
                                               a petition to modify the exemption. Part                                                                          [DPRK]. -to- RECONNAISSANCE
                                                                                                       SUPPLEMENTARY INFORMATION:                                GENERAL BUREAU (a.k.a.
                                               543.7(d) states that a Part 543 exemption
                                               applies only to vehicles that belong to                 Electronic and Facsimile Availability                     CHONGCH’AL CH’ONGGUK; a.k.a.
                                               a line exempted under this part and                                                                               KPA UNIT 586; a.k.a. ‘‘RGB’’),
                                                                                                         The SDN List and additional                             Hyongjesan-Guyok, Pyongyang,
                                               equipped with the antitheft device on                   information concerning OFAC sanctions
                                               which the line’s exemption is based.                                                                              Korea, North; Nungrado,
                                                                                                       programs are available from OFAC’s                        Pyongyang, Korea, North [DPRK]
                                               Further, Part 543.9(c)(2) provides for the              Web site (www.treas.gov/ofac). Certain
                                               submission of petitions ‘‘to modify an                                                                            [DPRK2].
                                                                                                       general information pertaining to                     2. KOREA MINING DEVELOPMENT
                                               exemption to permit the use of an                       OFAC’s sanctions programs is also
                                               antitheft device similar to but differing                                                                         TRADING CORPORATION (a.k.a.
                                                                                                       available via facsimile through a 24-                     CHANGGWANG SINYONG
                                               from the one specified in that                          hour fax-on-demand service, tel.: 202/
                                               exemption.’’                                                                                                      CORPORATION; a.k.a. EXTERNAL
                                                                                                       622–0077.                                                 TECHNOLOGY GENERAL
                                                  The agency wishes to minimize the
                                               administrative burden that Part                         Notice of OFAC Actions                                    CORPORATION; a.k.a. KOREA
                                               543.9(c)(2) could place on exempted                        On January 2, 2015, OFAC blocked                       KUMRYONG TRADING
                                               vehicle manufacturers and itself. The                   the property and interests in property of                 COMPANY; a.k.a. NORTH
                                               agency did not intend in drafting Part                  the following 10 individuals and three                    KOREAN MINING DEVELOPMENT
                                               543 to require the submission of a                      entities pursuant to E.O. 13687,                          TRADING CORPORATION; a.k.a.
                                               modification petition for every change                  ‘‘Imposing Additional Sanctions With                      ‘‘KOMID’’), Central District,
                                               to the components or design of an                       Respect To North Korea’’:                                 Pyongyang, Korea, North
                                               antitheft device. The significance of                                                                             [NPWMD]. -to- KOREA MINING
                                               many such changes could be de                           Individuals                                               DEVELOPMENT TRADING
                                               minimis. Therefore, NHTSA suggests                      1. JANG, Song Chol; DOB 12 Mar 1967;                      CORPORATION (a.k.a.
                                               that if the manufacturer contemplates                        nationality Korea, North; KOMID                      CHANGGWANG SINYONG
                                               making any changes, the effects of                           representative in Russia                             CORPORATION; a.k.a. DPRKN
                                               which might be characterized as de                           (individual) [DPRK2].                                MINING DEVELOPMENT
                                               minimis, it should consult the agency                   2. JANG, Yong Son; DOB 20 Feb 1957;                       TRADING COOPERATION; a.k.a.
                                               before preparing and submitting a                            nationality Korea, North; KOMID                      EXTERNAL TECHNOLOGY
                                                                                                            Representative in Iran (individual)                  GENERAL CORPORATION; a.k.a.
Rmajette on DSK2VPTVN1PROD with NOTICES




                                               petition to modify.
                                                  Under authority delegated in 49 CFR                       [DPRK2].                                             KOREA KUMRYONG TRADING
                                               part 1.95.                                              3. KANG, Ryong; DOB 21 Aug 1968;                          COMPANY; a.k.a. KOREAN
                                                                                                            nationality Korea, North; KOMID                      MINING AND INDUSTRIAL
                                               Raymond R. Posten,                                           official in Syria (individual)                       DEVELOPMENT CORPORATION;
                                               Associate Administrator for Rulemaking.                      [DPRK2].                                             a.k.a. NORTH KOREAN MINING
                                               [FR Doc. 2015–05831 Filed 3–13–15; 8:45 am]             4. KIL, Jong Hun; DOB 20 Feb 1972;                        DEVELOPMENT TRADING
                                               BILLING CODE 4910–59–P                                       nationality Korea, North; Passport                   CORPORATION; a.k.a. ‘‘KOMID’’),


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Document Created: 2018-02-21 09:37:28
Document Modified: 2018-02-21 09:37:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of petition for exemption.
DatesThe exemption granted by this notice is effective beginning with the 2016 model year (MY).
ContactMs. Deborah Mazyck, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, West Building, W43-443, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's phone number is (202) 366-4139. Her fax number is (202) 493-2990.
FR Citation80 FR 13665 

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