80_FR_15105 80 FR 15051 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; BMW of North America, LLC

80 FR 15051 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; BMW of North America, LLC

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 54 (March 20, 2015)

Page Range15051-15053
FR Document2015-06384

This document grants in full the BMW of North America, LLC (BMW) petition for an exemption of the X1 multi-purpose vehicle line (MPV) 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). BMW requested confidential treatment for specific information in its petition that the agency will address by separate letter.

Federal Register, Volume 80 Issue 54 (Friday, March 20, 2015)
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 15051-15053]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06384]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; BMW of North America, LLC

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition for exemption.

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

SUMMARY: This document grants in full the BMW of North America, LLC 
(BMW) petition for an exemption of the X1 multi-purpose vehicle line 
(MPV) 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). BMW requested confidential 
treatment for specific information in its petition that the agency will 
address by separate letter.

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

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., West 
Building, Room W43-439, Washington, DC 20590. Ms. Ballard's telephone 
number is (202) 366-5222. Her fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated November 21, 2014, BMW 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for the X1 MPV 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 543.5(a), a manufacturer may petition NHTSA to grant 
an exemption for one vehicle line per model year. BMW stated that its 
X1 MPV line will be replacing its X1 passenger car line beginning with 
MY 2016. In its petition, BMW provided a detailed description and 
diagram of the identity, design, and location of the components of the 
antitheft device for

[[Page 15052]]

its X1 MPV line. BMW stated that the X1 MPV line will be installed with 
an engine immobilizer device as standard equipment. Key features of the 
antitheft device will include a key with a transponder, loop antenna 
(coil), engine control unit (DME/DDE) with encoded start release input, 
an electronically coded vehicle immobilizer/car access system (EWS/CAS) 
control unit and a passive immobilizer. BMW will not offer an audible 
or visible alarm feature on the proposed device.
    BMW stated that the antitheft device is a passive vehicle 
immobilizer system. BMW further stated that the EWS immobilizer device 
prevents the vehicle from being driven away under its own engine power. 
BMW further stated that the EWS immobilizer device also fulfills the 
requirements of the European vehicle insurance companies.
    BMW stated that activation of its immobilizer device occurs 
automatically when the engine is shut off and the vehicle key is 
removed from the ignition lock cylinder. Deactivation of the device 
occurs when the Start/Stop button is pressed and the vehicle starting 
process begins. BMW stated that deactivation cannot be carried out with 
a mechanical key, but must occur electronically. Specifically, BMW 
stated that its transponder sends key data to the EWS/CAS control unit. 
The correct key data must be recognized by the EWS/CAS control unit in 
order for the vehicle to start. The transponder contains a chip which 
is integrated in the key and powered by a battery. The transponder also 
consists of a transmitter/receiver which communicates with the EWS/CAS 
control unit. The EWS/CAS control unit provides the interface to the 
loop antenna (coil), engine control unit and starter. The ignition and 
fuel supply are only released when a correct coded release signal has 
been sent by the EWS/CAS control unit to deactivate the device and 
allow the vehicle to start. When the EWS/CAS control unit has sent a 
correct release signal, and after the initial starting value, the 
release signal becomes a rolling, ever-changing, random code that is 
stored in the DME/DDE and EWS/CAS control units. The DME/DDE must 
identify the release signal and only then will the ignition signal and 
fuel supply be released.
    BMW stated that the vehicle is also equipped with a central-locking 
system that can be operated to lock and unlock all doors or to unlock 
only the driver's door, thereby preventing forced entry into the 
vehicle through the passenger doors. The vehicle can be further secured 
by locking the doors and hood using either the key lock cylinder on the 
driver's door or the remote frequency remote control. BMW stated that 
the frequency for the remote control constantly changes to prevent an 
unauthorized person from opening the vehicle by intercepting the 
signals of its remote control.
    BMW further stated that all of its vehicles are currently equipped 
with antitheft devices as standard equipment, including the BMW X1 MPV 
line. BMW compared the effectiveness of its antitheft device with 
devices which NHTSA has previously determined to be as effective in 
reducing and deterring motor vehicle theft as would compliance with the 
parts-marking requirements of Part 541. BMW stated that the antitheft 
device that it intends to install on its X1 MPV line for MY 2016 has 
been sufficient to grant exemptions for other vehicle lines. 
Specifically, BMW has installed its antitheft device on its X1 
(passenger car), X3, X4 and X5 vehicle lines, as well as its Carline 1, 
3, 4, 5, 6, 7, Z4, and MINI vehicle lines, all which have been granted 
parts-marking exemptions by the agency. BMW asserts that theft data 
have indicated a decline in theft rates for vehicle lines that have 
been equipped with antitheft devices similar to that which it proposes 
to install on the X1 MPV line. BMW also stated that for MY/CY 2011, the 
agency's data show that theft rates for its lines are: 0.69 (1-series), 
0.62 (3-series), 0.63 (5-series), 1.08 (7-series), 0.26 (X3), 0.00 
(X5), 0.00 (X6), 0.55 (Z4/M), and 0.35 (MINI). Using an average of 3 
MYs data (2010-2012), NHTSA's theft rates for BMW's 1 series, 3 series, 
5 series, 6 series, 7 series, X3, X5, X6, Z4/M and MINI vehicle lines 
are 0.5503, 07177, 0.7314, 0.0000, 1.7952, 0.2055, 0.5501, 2.5840, 
0.4696 and 0.3770 respectively. Theft data for BMW's X1 (passenger 
car), X4, and Carline 4 is not available.
    BMW'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.
    In addressing the specific content requirements of Part 543.6, BMW 
provided information on the reliability and durability of its device. 
To ensure reliability and durability of the device, BMW conducted tests 
and believes that the device is reliable and durable because it 
complied with its own specific standards and the antitheft device is 
installed on other vehicle lines for which the agency has granted a 
parts-marking exemption. Further assuring the reliability and 
durability of the X1 antitheft device, BMW notes that the mechanical 
keys for the X1 MPV line are unique. Specifically, a special key blank, 
a special key cutting machine and the vehicle's unique code are needed 
to duplicate a key. BMW stated that new keys will only be issued to 
authorized persons, and the guide-ways that are milled in the 
mechanical keys make the locks almost impossible to pick and the keys 
impossible to duplicate on the open market.
    BMW's proposed device lacks an audible or visible alarm, therefore, 
this device cannot perform one of the functions listed in 49 CFR 
543.6(a)(3), that is, to call attention to unauthorized attempts to 
enter or move the vehicle. However, in its November 2014 petition, BMW 
asserted that in a previous Federal Register notice published by the 
agency (58 FR 44872, dated August 25, 1993), NHTSA's review of the 
theft data for 10 General Motors' (GM) vehicle lines that had been 
granted partial exemptions concluded that the lack of an audible and 
visible alarm had not prevented the antitheft device from being 
effective and that despite the absence of an audible or visible alarm, 
when placed on vehicle lines as standard equipment, the GM antitheft 
devices ``continue to be as effective in deterring and reducing motor 
vehicle theft as compliance with parts-marking requirements.'' 
Therefore, BMW expects that the X1's antitheft device will be just as 
effective as parts-marking.
    Based on the supporting evidence submitted by BMW, the agency 
believes that the antitheft device for the BMW X1 MPV 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). The agency concludes that the device will 
provide four of the five types of 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.
    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 
supporting 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 BMW has provided adequate reasons for its belief that the 
antitheft device for the X1 MPV line is likely to be as effective in 
reducing and deterring motor vehicle theft as compliance with

[[Page 15053]]

the parts-marking requirements of the Theft Prevention Standard (49 CFR 
part 541). This conclusion is based on the information BMW provided 
about its device.
    For the foregoing reasons, the agency hereby grants in full BMW's 
petition for exemption for the MY 2016 X1 MPV 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 MY. 49 CFR 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 BMW 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 as required by 49 CFR 541.5 and 541.6 (marking of major 
component parts and replacement parts).
    NHTSA notes that if BMW wishes in the future to modify the device 
on which this exemption is based, the company may have to submit a 
petition to modify the exemption.
    Part 543.7(d) states that a Part 543 exemption applies only to 
vehicles that belong to a line exempted under this part and equipped 
with the anti-theft device on which the line's exemption is based. 
Further, Sec.  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 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.

    Issued in Washington, DC, under authority delegated in 49 CFR 
Part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-06384 Filed 3-19-15; 8:45 am]
 BILLING CODE 4910-59-P



                                                                                  Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices                                           15051

                                                  was published on October 22, 1986 and                   staged, incorporating general purpose                 DEPARTMENT OF TRANSPORTATION
                                                  revised on March 16, 1988.                              traffic and eventually HOV lanes, to
                                                  DATES: The deadline for comments is                     meet the forecasted demand. Under the                 National Highway Traffic Safety
                                                  Monday, April 13, 2015.                                 SMC, ETC construction would be                        Administration
                                                  FOR FURTHER INFORMATION CONTACT:                        completed in one stage with three or
                                                                                                                                                                Petition for Exemption From the
                                                  Smita Deshpande; 3347 Michelson                         more phases.
                                                                                                                                                                Federal Motor Vehicle Theft Prevention
                                                  Drive, Suite 100; Irvine, CA 92612; (949)                  To implement Phase 2 of the ETC                    Standard; BMW of North America, LLC
                                                  724–2245; D12.NOP241.91@dot.ca.gov;                     project, a Supplemental Draft EIS is
                                                  Chief, Division of Environmental                        being prepared to focus on the eastern                AGENCY: National Highway Traffic
                                                  Analysis.                                                                                                     Safety Administration (NHTSA),
                                                                                                          portion of the original project and to
                                                  SUPPLEMENTARY INFORMATION: Effective                                                                          Department of Transportation (DOT).
                                                                                                          address changes to environmental
                                                  July 1, 2007, the Federal Highway                                                                             ACTION: Grant of petition for exemption.
                                                                                                          conditions and regulatory requirements.
                                                  Administration (FHWA) assigned, and                     Various alternatives were studied in the              SUMMARY:   This document grants in full
                                                  the California Department of                            1991 ETC Draft EIS and 1994 ETC Final                 the BMW of North America, LLC (BMW)
                                                  Transportation (Caltrans) assumed,                      EIS; however, the Supplemental Draft                  petition for an exemption of the X1
                                                  environmental responsibilities for this                 EIS will include a No Build and one                   multi-purpose vehicle line (MPV) in
                                                  project pursuant to 23 U.S.C. 327.
                                                                                                          Build Alternative for the median-to-                  accordance with 49 CFR part 543,
                                                  Caltrans as the assigned National
                                                                                                          median connector only.                                Exemption from the Theft Prevention
                                                  Environmental Policy Act (NEPA)
                                                                                                             Letters describing the proposed action             Standard. This petition is granted
                                                  agency, in cooperation with the United
                                                                                                          and soliciting comments will be sent to               because the agency has determined that
                                                  States Fish and Wildlife Service and
                                                                                                          appropriate Federal, State, cooperating               the antitheft device to be placed on the
                                                  United States Army Corps of Engineers,
                                                                                                                                                                line as standard equipment is likely to
                                                  will prepare a Supplemental Draft EIS                   agencies, participating agencies, local
                                                                                                                                                                be as effective in reducing and deterring
                                                  on a proposal for a median-to-median                    agencies, and to private organizations
                                                                                                                                                                motor vehicle theft as compliance with
                                                  connector between State Route 241 (SR–                  and citizens who have previously                      the parts-marking requirements of 49
                                                  241) and the State Route 91 (SR–91)                     expressed or are known to have interest               CFR part 541, Federal Motor Vehicle
                                                  Express Lanes, project in Orange County                 in this proposal. Environmental Review                Theft Prevention Standard (Theft
                                                  and Riverside County, California.                       of the project is anticipated to occur
                                                    The proposed median-to-median                                                                               Prevention Standard). BMW requested
                                                                                                          from 2015 through 2017. A public                      confidential treatment for specific
                                                  connector project encompasses 12–                       scoping meeting is not scheduled at this
                                                  ORA–241 (PM 36.1/39.1), 12–ORA–91                                                                             information in its petition that the
                                                                                                          time; should you be interested, please                agency will address by separate letter.
                                                  (PM 14.7/18.9), and 08–RIV–91 (PM 0.0/                  let us know in writing. A public hearing
                                                  1.5) for a length of approximately 8.7                                                                        DATES: The exemption granted by this
                                                                                                          will be held in 2016. Public notice will              notice is effective beginning with the
                                                  miles. Anticipated federal approvals
                                                                                                          be given of the time and place of the                 2016 model year (MY).
                                                  include an FHWA Air Quality
                                                                                                          hearing. The Supplemental Draft EIS                   FOR FURTHER INFORMATION CONTACT: Ms.
                                                  Conformity Determination, Biological
                                                  Opinion Amendment and permits under                     will be available for public and agency               Carlita Ballard, Office of International
                                                  Section 404 and 401 of the Clean Water                  review and comment prior to the public                Policy, Fuel Economy and Consumer
                                                  Act.                                                    hearing.                                              Programs, National Highway Traffic
                                                    Caltrans District 12, in cooperation                     To ensure that the full range of issues            Safety Administration, 1200 New Jersey
                                                  with the Foothill/Eastern Transportation                related to this proposed action are                   Avenue SE., West Building, Room W43–
                                                  Corridor Agency (F/ETCA), proposes to                   addressed and all significant issues                  439, Washington, DC 20590. Ms.
                                                  construct the median-to-median                          identified, comments, and suggestions                 Ballard’s telephone number is (202)
                                                  connector from State Route 241 (SR–                     are invited from all interested parties.              366–5222. Her fax number is (202) 493–
                                                  241) to the State Route 91 (SR–91)                      Comments or questions concerning this                 2990.
                                                  Express Lanes. The proposed median-to-                  proposed action and the Supplemental                  SUPPLEMENTARY INFORMATION: In a
                                                  median connector is phase 2 of the                      Draft EIS should be directed to Caltrans              petition dated November 21, 2014,
                                                  Eastern Transportation Corridor (ETC)                   at the address provided above.                        BMW requested an exemption from the
                                                  project previously approved in 1994. It                                                                       parts-marking requirements of the Theft
                                                  will provide improved access between                    (Catalog of Federal Domestic Assistance               Prevention Standard for the X1 MPV
                                                  SR–241 and SR–91 and is proposed to                     Program Number 20.205, Highway Planning               vehicle line beginning with MY 2016.
                                                  be a tolled facility. Caltrans will be the              and Construction. The regulations                     The petition requested an exemption
                                                  lead agency for the project. The United                 implementing Executive Order 12372                    from parts-marking pursuant to 49 CFR
                                                  States Army Corps of Engineers and the                  regarding intergovernmental consultation on           part 543, Exemption from Vehicle Theft
                                                  United States Fish and Wildlife Service                 Federal programs and activities apply to this         Prevention Standard, based on the
                                                  were identified as cooperating agencies                 program.)                                             installation of an antitheft device as
                                                  in the corresponding 1991 ETC Draft EIS                   Issued on: March 16, 2015.                          standard equipment for the entire
                                                  and 1994 ETC Final EIS.                                 Shawn Oliver,                                         vehicle line.
                                                    The SR–241/SR–91 Express Lane                         Team Leader, Right of Way and Environment,
                                                                                                                                                                   Under 49 CFR 543.5(a), a
                                                  Connector was originally evaluated as a                 Federal Highway Administration,                       manufacturer may petition NHTSA to
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  SR–241/SR–91 high-occupancy vehicle                     Sacramento, California.                               grant an exemption for one vehicle line
                                                  (HOV) direct connector in the 1991 ETC                  [FR Doc. 2015–06415 Filed 3–19–15; 8:45 am]
                                                                                                                                                                per model year. BMW stated that its X1
                                                  Draft EIS and 1994 ETC Final EIS (both                                                                        MPV line will be replacing its X1
                                                                                                          BILLING CODE 4910–22–P
                                                  of which studied a broader project area                                                                       passenger car line beginning with MY
                                                  with improvements on SR–133, SR–241                                                                           2016. In its petition, BMW provided a
                                                  and SR–261). The Systems Management                                                                           detailed description and diagram of the
                                                  Concept (SMC) for the ETC project                                                                             identity, design, and location of the
                                                  proposed that the project would be                                                                            components of the antitheft device for


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                                                  15052                           Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices

                                                  its X1 MPV line. BMW stated that the                    driver’s door or the remote frequency                 line are unique. Specifically, a special
                                                  X1 MPV line will be installed with an                   remote control. BMW stated that the                   key blank, a special key cutting machine
                                                  engine immobilizer device as standard                   frequency for the remote control                      and the vehicle’s unique code are
                                                  equipment. Key features of the antitheft                constantly changes to prevent an                      needed to duplicate a key. BMW stated
                                                  device will include a key with a                        unauthorized person from opening the                  that new keys will only be issued to
                                                  transponder, loop antenna (coil), engine                vehicle by intercepting the signals of its            authorized persons, and the guide-ways
                                                  control unit (DME/DDE) with encoded                     remote control.                                       that are milled in the mechanical keys
                                                  start release input, an electronically                     BMW further stated that all of its                 make the locks almost impossible to
                                                  coded vehicle immobilizer/car access                    vehicles are currently equipped with                  pick and the keys impossible to
                                                  system (EWS/CAS) control unit and a                     antitheft devices as standard equipment,              duplicate on the open market.
                                                  passive immobilizer. BMW will not                       including the BMW X1 MPV line. BMW                       BMW’s proposed device lacks an
                                                  offer an audible or visible alarm feature               compared the effectiveness of its                     audible or visible alarm, therefore, this
                                                  on the proposed device.                                 antitheft device with devices which                   device cannot perform one of the
                                                     BMW stated that the antitheft device                 NHTSA has previously determined to be                 functions listed in 49 CFR 543.6(a)(3),
                                                  is a passive vehicle immobilizer system.                as effective in reducing and deterring                that is, to call attention to unauthorized
                                                  BMW further stated that the EWS                         motor vehicle theft as would                          attempts to enter or move the vehicle.
                                                  immobilizer device prevents the vehicle                 compliance with the parts-marking                     However, in its November 2014 petition,
                                                  from being driven away under its own                    requirements of Part 541. BMW stated                  BMW asserted that in a previous
                                                  engine power. BMW further stated that                   that the antitheft device that it intends             Federal Register notice published by
                                                  the EWS immobilizer device also fulfills                to install on its X1 MPV line for MY                  the agency (58 FR 44872, dated August
                                                  the requirements of the European                        2016 has been sufficient to grant                     25, 1993), NHTSA’s review of the theft
                                                  vehicle insurance companies.                            exemptions for other vehicle lines.                   data for 10 General Motors’ (GM)
                                                     BMW stated that activation of its                    Specifically, BMW has installed its                   vehicle lines that had been granted
                                                  immobilizer device occurs                               antitheft device on its X1 (passenger                 partial exemptions concluded that the
                                                  automatically when the engine is shut                   car), X3, X4 and X5 vehicle lines, as                 lack of an audible and visible alarm had
                                                  off and the vehicle key is removed from                 well as its Carline 1, 3, 4, 5, 6, 7, Z4,             not prevented the antitheft device from
                                                  the ignition lock cylinder. Deactivation                and MINI vehicle lines, all which have                being effective and that despite the
                                                  of the device occurs when the Start/Stop                been granted parts-marking exemptions                 absence of an audible or visible alarm,
                                                  button is pressed and the vehicle                       by the agency. BMW asserts that theft                 when placed on vehicle lines as
                                                  starting process begins. BMW stated that                data have indicated a decline in theft                standard equipment, the GM antitheft
                                                  deactivation cannot be carried out with                 rates for vehicle lines that have been                devices ‘‘continue to be as effective in
                                                  a mechanical key, but must occur                        equipped with antitheft devices similar               deterring and reducing motor vehicle
                                                  electronically. Specifically, BMW stated                to that which it proposes to install on               theft as compliance with parts-marking
                                                  that its transponder sends key data to                  the X1 MPV line. BMW also stated that                 requirements.’’ Therefore, BMW expects
                                                  the EWS/CAS control unit. The correct                   for MY/CY 2011, the agency’s data show                that the X1’s antitheft device will be just
                                                  key data must be recognized by the                      that theft rates for its lines are: 0.69 (1-          as effective as parts-marking.
                                                  EWS/CAS control unit in order for the                   series), 0.62 (3-series), 0.63 (5-series),               Based on the supporting evidence
                                                  vehicle to start. The transponder                       1.08 (7-series), 0.26 (X3), 0.00 (X5), 0.00           submitted by BMW, the agency believes
                                                  contains a chip which is integrated in                  (X6), 0.55 (Z4/M), and 0.35 (MINI).                   that the antitheft device for the BMW X1
                                                  the key and powered by a battery. The                   Using an average of 3 MYs data (2010–                 MPV line is likely to be as effective in
                                                  transponder also consists of a                          2012), NHTSA’s theft rates for BMW’s 1                reducing and deterring motor vehicle
                                                  transmitter/receiver which                              series, 3 series, 5 series, 6 series, 7               theft as compliance with the parts-
                                                  communicates with the EWS/CAS                           series, X3, X5, X6, Z4/M and MINI                     marking requirements of the Theft
                                                  control unit. The EWS/CAS control unit                  vehicle lines are 0.5503, 07177, 0.7314,              Prevention Standard (49 CFR part 541).
                                                  provides the interface to the loop                      0.0000, 1.7952, 0.2055, 0.5501, 2.5840,               The agency concludes that the device
                                                  antenna (coil), engine control unit and                 0.4696 and 0.3770 respectively. Theft                 will provide four of the five types of
                                                  starter. The ignition and fuel supply are               data for BMW’s X1 (passenger car), X4,                performance listed in § 543.6(a)(3):
                                                  only released when a correct coded                      and Carline 4 is not available.                       promoting activation; preventing defeat
                                                  release signal has been sent by the EWS/                   BMW’s submission is considered a                   or circumvention of the device by
                                                  CAS control unit to deactivate the                      complete petition as required by 49 CFR               unauthorized persons; preventing
                                                  device and allow the vehicle to start.                  543.7, in that it meets the general                   operation of the vehicle by
                                                  When the EWS/CAS control unit has                       requirements contained in § 543.5 and                 unauthorized entrants; and ensuring the
                                                  sent a correct release signal, and after                the specific content requirements of                  reliability and durability of the device.
                                                  the initial starting value, the release                 § 543.6.                                                 Pursuant to 49 U.S.C. 33106 and 49
                                                  signal becomes a rolling, ever-changing,                   In addressing the specific content                 CFR 543.7(b), the agency grants a
                                                  random code that is stored in the                       requirements of Part 543.6, BMW                       petition for exemption from the parts-
                                                  DME/DDE and EWS/CAS control units.                      provided information on the reliability               marking requirements of Part 541, either
                                                  The DME/DDE must identify the release                   and durability of its device. To ensure               in whole or in part, if it determines that,
                                                  signal and only then will the ignition                  reliability and durability of the device,             based upon supporting evidence, the
                                                  signal and fuel supply be released.                     BMW conducted tests and believes that                 standard equipment antitheft device is
                                                     BMW stated that the vehicle is also                  the device is reliable and durable                    likely to be as effective in reducing and
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  equipped with a central-locking system                  because it complied with its own                      deterring motor vehicle theft as
                                                  that can be operated to lock and unlock                 specific standards and the antitheft                  compliance with the parts-marking
                                                  all doors or to unlock only the driver’s                device is installed on other vehicle lines            requirements of Part 541. The agency
                                                  door, thereby preventing forced entry                   for which the agency has granted a                    finds that BMW has provided adequate
                                                  into the vehicle through the passenger                  parts-marking exemption. Further                      reasons for its belief that the antitheft
                                                  doors. The vehicle can be further                       assuring the reliability and durability of            device for the X1 MPV line is likely to
                                                  secured by locking the doors and hood                   the X1 antitheft device, BMW notes that               be as effective in reducing and deterring
                                                  using either the key lock cylinder on the               the mechanical keys for the X1 MPV                    motor vehicle theft as compliance with


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                                                                                  Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices                                            15053

                                                  the parts-marking requirements of the                     Issued in Washington, DC, under authority           engineering drawings), an applicant
                                                  Theft Prevention Standard (49 CFR part                  delegated in 49 CFR Part 1.95.                        may submit an original and two (2)
                                                  541). This conclusion is based on the                   Raymond R. Posten,                                    copies to Renee Cooper, Office of
                                                  information BMW provided about its                      Associate Administrator for Rulemaking.               Program Delivery, Federal Railroad
                                                  device.                                                 [FR Doc. 2015–06384 Filed 3–19–15; 8:45 am]           Administration, 1200 New Jersey
                                                                                                                                                                Avenue SE., Mail Stop 20, Washington,
                                                     For the foregoing reasons, the agency                BILLING CODE 4910–59–P
                                                                                                                                                                DC 20590. However, due to delays
                                                  hereby grants in full BMW’s petition for
                                                                                                                                                                caused by enhanced screening of mail
                                                  exemption for the MY 2016 X1 MPV                                                                              delivered via the U.S. Postal Service,
                                                                                                          DEPARTMENT OF TRANSPORTATION
                                                  line from the parts-marking                                                                                   applicants are advised to use other
                                                  requirements of 49 CFR part 541. The                    Federal Railroad Administration                       means of conveyance (such as courier
                                                  agency notes that 49 CFR part 541,                                                                            service) to assure timely receipt of
                                                  Appendix A–1, identifies those lines                    Notice of Funding Availability and                    materials.
                                                  that are exempted from the Theft                        Solicitation of Applications for
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT: For
                                                  Prevention Standard for a given MY. 49                  Magnetic Levitation Projects
                                                                                                                                                                further information regarding this
                                                  CFR 543.7(f) contains publication                       AGENCY: Federal Railroad                              Notice, please contact Renee Cooper,
                                                  requirements incident to the disposition                Administration (FRA), Department of                   Office of Program Delivery, Federal
                                                  of all Part 543 petitions. Advanced                     Transportation (DOT).                                 Railroad Administration, 1200 New
                                                  listing, including the release of future                                                                      Jersey Avenue SE., Mail Stop 20,
                                                                                                          ACTION: Notice of funding availability.
                                                  product nameplates, the beginning                                                                             Washington, DC 20590; Email: FRA-
                                                  model year for which the petition is                    SUMMARY:    This notice of funding                    Grants@dot.gov; Phone: (202) 493–0491;
                                                  granted and a general description of the                availability (NOFA or Notice) details the             Fax: (202) 493–6333.
                                                  antitheft device is necessary in order to               grant application requirements and                    SUPPLEMENTARY INFORMATION: FRA
                                                  notify law enforcement agencies of new                  submission procedures for obtaining up                strongly suggests that applicants read
                                                  vehicle lines exempted from the parts-                  to $27.8 million in Federal funding, as               this Notice in its entirety prior to
                                                  marking requirements of the Theft                       authorized by sections 1101(a)(18) and                preparing application materials. There
                                                  Prevention Standard.                                    1307 of the Safe, Accountable, Flexible,              are programmatic prerequisites and
                                                     If BMW decides not to use the                        Efficient Transportation Equity Act: A                administrative requirements described
                                                  exemption for this line, it must formally               Legacy for Users (SAFETEA–LU, Public                  herein that applicants must comply
                                                                                                          Law 109–59 (August 10, 2005)), as                     with in order to submit an application
                                                  notify the agency. If such a decision is
                                                                                                          amended by section 102 of the                         and be considered for funding.
                                                  made, the line must be fully marked as
                                                                                                          SAFETEA–LU Technical Corrections
                                                  required by 49 CFR 541.5 and 541.6                                                                            Table of Contents
                                                                                                          Act of 2008, Public Law 110–244 (June
                                                  (marking of major component parts and                   6, 2008), for existing magnetic levitation
                                                  replacement parts).                                                                                           1. Funding Opportunity Description
                                                                                                          (maglev) projects located east of the                 2. Award Information
                                                     NHTSA notes that if BMW wishes in                    Mississippi River. Pursuant to the Joint              3. Eligibility and Review Criteria
                                                  the future to modify the device on                      Committee statement accompanying the                  4. Application and Submission Information
                                                  which this exemption is based, the                      SAFETEA–LU Technical Corrections                      5. Application Review Information
                                                  company may have to submit a petition                   Act, three projects are eligible for                  6. Award Administration Information
                                                                                                                                                                7. Agency Contact
                                                  to modify the exemption.                                funding under this Notice: The
                                                     Part 543.7(d) states that a Part 543                 ‘‘Pittsburgh project’’, the ‘‘Baltimore-              Section 1: Funding Opportunity
                                                  exemption applies only to vehicles that                 Washington project’’, and the ‘‘Atlanta-              Description
                                                  belong to a line exempted under this                    Chattanooga project’’. FRA previously                   Section 102 of the SAFETEA–LU
                                                  part and equipped with the anti-theft                   announced the availability of funds for               Technical Corrections Act (Public Law
                                                                                                          maglev projects located east of the                   110–244, June 6, 2008) (the 2008 Act),
                                                  device on which the line’s exemption is
                                                                                                          Mississippi River pursuant to a NOFA                  amended sections 1101(a)(18) and 1307
                                                  based. Further, § 543.9(c)(2) provides for
                                                                                                          issued on October 16, 2008, but one of                of SAFETEA–LU and provided $45
                                                  the submission of petitions ‘‘to modify
                                                                                                          the selected applicants has decided not               million in contract authority for maglev
                                                  an exemption to permit the use of an                    to pursue the project for which the
                                                  antitheft device similar to but differing                                                                     projects located east of the Mississippi
                                                                                                          funds were allocated resulting in the                 River. Of the funding available for
                                                  from the one specified in that                          availability of the funds for this Notice.
                                                  exemption.’’                                                                                                  projects east of the Mississippi River
                                                                                                          Funds awarded under this Notice can be                ($45 million), approximately $27.8
                                                     The agency wishes to minimize the                    used for preconstruction planning                     million in funding is available for award
                                                  administrative burden that Part                         activities and capital costs of a viable              under this NOFA.
                                                  543.9(c)(2) could place on exempted                     maglev project.                                         In the Joint Explanatory Statement of
                                                  vehicle manufacturers and itself. The                   DATES: Applications for funding under                 the House Transportation and
                                                  agency did not intend Part 543 to                       this NOFA are due no later than 5:00                  Infrastructure Committee and the Senate
                                                  require the submission of a modification                p.m. EST, April 20, 2015. Applications                Environmental and Public Works,
                                                  petition for every change to the                        for funding received after 5:00 p.m. EST              Banking, Housing and Urban Affairs,
                                                  components or design of an antitheft                    on April 20, 2015, will not be                        and Commerce, Science and
                                                  device. The significance of many such                   considered. See Section 4 of this Notice
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                Transportation Committees
                                                  changes could be de minimis. Therefore,                 for additional information regarding the              accompanying the 2008 Act (the Joint
                                                  NHTSA suggests that if the                              application process.                                  Explanatory Statement), Congress
                                                  manufacturer contemplates making any                    ADDRESSES: Applications must be                       explained that in amending SAFETEA–
                                                  changes the effects of which might be                   submitted via Grants.gov. For any                     LU to allow FRA discretion to award
                                                  characterized as de minimis, it should                  required or supporting application                    funds to ‘‘projects’’ located east of the
                                                  consult the agency before preparing and                 materials that an applicant is unable to              Mississippi River, ‘‘the intent is to limit
                                                  submitting a petition to modify.                        submit via Grants.gov (such as oversized              the eligible projects to three existing


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Document Created: 2015-12-18 11:34:55
Document Modified: 2015-12-18 11:34:55
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. Carlita Ballard, Office of International Policy, Fuel Economy and Consumer Programs, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., West Building, Room W43-439, Washington, DC 20590. Ms. Ballard's telephone number is (202) 366-5222. Her fax number is (202) 493-2990.
FR Citation80 FR 15051 

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