82 FR 57650 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Fuji Heavy Industries U.S.A., Inc.
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 233 (December 6, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 233 (December 6, 2017)
| Page Range | 57650-57652 | |
| FR Document | 2017-26230 |
[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)] [Notices] [Pages 57650-57652] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26230] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Fuji Heavy Industries U.S.A., Inc. AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation (DOT). ACTION: Grant of petition for exemption. ----------------------------------------------------------------------- SUMMARY: This document grants in full Fuji Heavy Industries U.S.A., Inc.'s (FUSA) petition for exemption of the Subaru Ascent vehicle line in accordance with Exemption from Vehicle Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Federal Motor Vehicle Theft Prevention Standard. (Theft Prevention Standard). FUSA also requested confidential treatment for specific information in its petition. Therefore, no confidential information provided for purposes of this notice has been disclosed. DATES: The exemption granted by this notice is effective beginning with the 2019 model year (MY). FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, West Building, W43-439, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Ballard's phone number is 202-366-5222. Her fax number is 202-493- 2990. SUPPLEMENTARY INFORMATION: In a petition dated July 10, 2017, FUSA requested an exemption from the parts-marking requirements of the Theft Prevention Standard for its Subaru Ascent vehicle line beginning with MY 2019. 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, FUSA provided a detailed description and diagram of the identity, design, and location of the components of the antitheft device for its Subaru Ascent vehicle line. FUSA stated that its MY 2019 Subaru Ascent vehicle line will be installed with an immobilizer device as standard equipment on the entire vehicle line. FUSA stated that it will also offer an audible and visual alarm with a panic mode feature as standard equipment on its Ascent vehicle line. FUSA stated that its alarm system will monitor the vehicle's door status, key identification and any unauthorized effort to open a door, enter, or move the vehicle. FUSA further stated that any of the unauthorized efforts will activate the alarm system causing the vehicle's horn to sound and the hazard lamps to flash. FUSA's submission is considered a complete petition as required by 49 CFR [[Page 57651]] 543.7 in that it meets the general requirements contained in 49 CFR 543.5 and the specific content requirements of 49 CFR 543.6. In addressing the specific content requirements of 49 CFR 543.6, FUSA provided information on the reliability and durability of the proposed device. FUSA conducted tests based on its own specified standards and provided a list of the tests it conducted. FUSA believes that its device is reliable and durable because the device complied with its own specific requirements for each test. Additionally, FUSA stated that because the immobilization features are designed and constructed within the vehicle's overall Controller Area Network Electrical Architecture, the antitheft device cannot be separated and controlled independently of this network. FUSA further stated that its immobilizer device prevents the engine from unauthorized operation such as ``hot-wiring''. FUSA further stated that the engine will not start or run unless the registered ID code in the transponder key or ignition key coincides with the code registered in the immobilizer module or the immobilizer ECU installed on the vehicle. System operation occurs when the ignition key is put into the key cylinder and battery power is supplied to the immobilizer module. When the battery power is supplied to the immobilizer module, the immobilizer module sends and electromagnetic signal to the transponder through the key ring antenna to supply power and send data to the transponder by electromagnetic coupling. The transponder then sends the ID code to the immobilizer module. The ID code sent from the transponder and the meter ECU compares codes with the code registered in the immobilizer ECU. If the codes do not match or are not received, the engine ECU prohibits engine starting. If the codes do match, the engine ECU will allow engine fuel delivery, ignition and starting/ operation of the vehicle. FUSA stated that integration of the antitheft device immobilization with the overall vehicle CAN BUS electrical architecture and control modules makes it nearly impossible for the immobilization features to be disabled or bypassed without disabling all other body and engine controls. Therefore, FUSA stated that the availability of a correct key will not defeat the electronic immobilization features of the vehicle's antitheft device interface. In support of its petition, FUSA provided a comparative table showing how its device is similar to other manufacturer's devices that have already been granted an exemption by NHTSA. In its comparison, FUSA makes note of federal notices published by NHTSA in which manufacturers have stated that they have seen reductions in theft due to the immobilization systems being used. Specifically, FUSA note claims by Ford Motor Company that its 1997 Mustangs (with immobilizers) saw a 70% reduction in theft compared to its 1995 Mustangs (without immobilizers). FUSA also mentioned its reliance on theft rates published by the agency showing that theft rates were lower for Jeep Grand Cherokee immobilizer-equipped vehicles (model year 1999 through 2003) compared to older parts-marked Jeep Grand Cherokee vehicles (model year 1995 through 1998). FUSA stated that it believes its device is likely to be no less effective than those installed on lines for which the agency has already granted full exemption from the parts- marking requirements. FUSA also referenced information on the recent state-by-state theft results from the National Insurance Crime Bureau reporting that in only 6 of the 50 states listed in its results, and the District of Columbia, not any Subaru vehicle appeared in its top 10 list of stolen vehicles. FUSA also stated that it believes that historically, NHTSA has seen a decreasing trend in theft rates for vehicles when electronic immobilization has been added to its alarm systems. FUSA stated that it presently has immobilizer devices on all of its product lines (Forester, Impreza, XV Crosstrek, Legacy, Outback and WRX models) and it believes the data shows immobilization has had a demonstrable effect in lowering its theft rates. The theft rate data reported in Federal Register notices published by the agency show theft rates for the Forester, 0.4252, Impreza, 0.5282, Crosstrek, 0.4395, Legacy, 0.6155 and Outback, 0.3825 vehicle lines, using an average of 3 MYs data (2012-2014) is significantly lower than the median theft of 3.5826 established by the agency. Based on the evidence submitted by FUSA, the agency believes that the antitheft device for the Subaru Ascent 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 the five types of performance listed in Sec. 543.6(a)(3): Promoting activation; attracting attention to the efforts of unauthorized persons to enter or operate a vehicle by means other than a key; preventing defeat or circumvention of the device by unauthorized persons; preventing 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 an exemption from the parts-marking requirements of 49 CFR 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 49 CFR part 541. The agency finds that FUSA has provided adequate reasons for its belief that the antitheft device for the Subaru Ascent 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 FUSA provided about its device. For the foregoing reasons, the agency hereby grants in full FUSA's petition for exemption for its Subaru Ascent vehicle line from the parts-marking requirements of 49 CFR part 541, beginning with its MY 2019 Subaru Ascent vehicles. 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 49 CFR 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 FUSA decides not to use the exemption for this line, it must formally notify the agency, and, thereafter, the line must be fully marked as required by 49 CFR parts 541.5 and 541.6 (marking of major component parts and replacement parts). NHTSA notes that if FUSA 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. 49 CFR 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 [[Page 57652]] 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. 2017-26230 Filed 12-5-17; 8:45 am] BILLING CODE 4910-59-P
![57650 Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices
the nature of the information collections the manufacturer affix a removable label Subaru Ascent vehicle line in
and their expected burden. The Federal to each item. The label specifies accordance with Exemption from
Register Notice with a 60-day comment cleaning instructions, which will Vehicle Theft Prevention Standard. This
period was published on September 8, minimize the loss of transparency. petition is granted because the agency
2017 (82 FR 42575). The agency Other information may be provided by has determined that the antitheft device
received no comments. the manufacturer but is not required. to be placed on the line as standard
DATES: Comments must be submitted on FMVSS No. 209, ‘‘Seat belt equipment is likely to be as effective in
or before January 5, 2018. assemblies,’’ requires safety belts to be reducing and deterring motor vehicle
ADDRESSES: Send comments, within 30 labeled with the year of manufacture, theft as compliance with the parts-
days, to the Office of Information and the model, and the name or trademark marking requirements of the Federal
Regulatory Affairs, Office of of the manufacturer (S4.1(j)). Motor Vehicle Theft Prevention
Management and Budget, 725–17th Additionally, replacement safety belts Standard. (Theft Prevention Standard).
Street NW., Washington, DC 20503, that are for use only in specifically FUSA also requested confidential
Attention NHTSA Desk Officer. stated motor vehicles must have labels treatment for specific information in its
or accompanying instruction sheets to petition. Therefore, no confidential
FOR FURTHER INFORMATION CONTACT: Ms.
specify the applicable vehicle models information provided for purposes of
Lori Summers at the National Highway
and seating positions (S4.1(k)). Seat belt this notice has been disclosed.
Traffic Safety Administration, Office of
assemblies installed as original DATES: The exemption granted by this
Crashworthiness Standards, 1200 New
equipment in new motor vehicles need notice is effective beginning with the
Jersey Avenue SE., West Building, Room
not be required to be labeled with 2019 model year (MY).
W43–320, Washington, DC 20590. Ms.
position/model information. FOR FURTHER INFORMATION CONTACT: Ms.
Summers’ telephone number is 202– Affected Public: Businesses.
366–4917. Carlita Ballard, Office of International
Estimated Total Annual Burden:
SUPPLEMENTARY INFORMATION: Policy, Fuel Economy and Consumer
7,874 hours.
National Highway Traffic Safety Comments are invited on: Whether Programs, NHTSA, West Building,
Administration the proposed collection of information W43–439, 1200 New Jersey Avenue SE.,
Title: Consolidated Labeling is necessary for the proper performance Washington, DC 20590. Ms. Ballard’s
Requirements for Motor Vehicles of the functions of the Department, phone number is 202–366–5222. Her fax
(except the VIN). including whether the information will number is 202–493–2990.
OMB Control Number: 2127–0512. have practical utility; the accuracy of SUPPLEMENTARY INFORMATION: In a
Type of Request: Extension of a the Departments estimate of the burden petition dated July 10, 2017, FUSA
currently approved collection. of the proposed information collection; requested an exemption from the parts-
Abstract: In order to ensure that ways to enhance the quality, utility and marking requirements of the Theft
manufacturers are complying with the clarity of the information to be Prevention Standard for its Subaru
FMVSS, NHTSA requires a number of collected; and ways to minimize the Ascent vehicle line beginning with MY
information collections in four FMVSS. burden of the collection of information 2019. The petition requested an
FMVSS No. 105, ‘‘Hydraulic and on respondents, including the use of exemption from parts-marking pursuant
electric brake systems’’ and FMVSS No. automated collection techniques or to 49 CFR part 543, Exemption from
135, ‘‘Light vehicle brake systems,’’ other forms of information technology. Vehicle Theft Prevention Standard,
require that each vehicle shall have a A Comment to OMB is most effective if based on the installation of an antitheft
brake fluid warning statement in letters OMB receives it within 30 days of device as standard equipment for the
at least one-eighth of an inch high on publication. entire vehicle line.
the master cylinder reservoirs. The Under 49 CFR part 543.5(a), a
lettering shall be permanently affixed, Authority: Paperwork Reduction Act of manufacturer may petition NHTSA to
engraved or embossed, located so as to 1995, 44 U.S.C. Chapter 35; delegation of
grant an exemption for one vehicle line
authority at 49 CFR 1.95.
be visible by direct view, and of a color per model year. In its petition, FUSA
that contrasts with its background, if not Raymond R. Posten, provided a detailed description and
engraved or embossed. Associate Administrator for Rulemaking. diagram of the identity, design, and
FMVSS No. 205, ‘‘Glazing materials,’’ [FR Doc. 2017–26229 Filed 12–5–17; 8:45 am] location of the components of the
provides labeling requirements for BILLING CODE 4910–59–P antitheft device for its Subaru Ascent
glazing and motor vehicle vehicle line. FUSA stated that its MY
manufacturers. In accordance with the 2019 Subaru Ascent vehicle line will be
standard, NHTSA requires each new DEPARTMENT OF TRANSPORTATION installed with an immobilizer device as
motor vehicle glazing manufacturer to standard equipment on the entire
request and be assigned a unique mark National Highway Traffic Safety vehicle line. FUSA stated that it will
or number. This number is then used by Administration also offer an audible and visual alarm
the manufacturer as their unique with a panic mode feature as standard
company identification on their self- Petition for Exemption From the equipment on its Ascent vehicle line.
certification label on each piece of Federal Motor Vehicle Theft Prevention FUSA stated that its alarm system will
motor vehicle glazing. As part of that Standard; Fuji Heavy Industries U.S.A., monitor the vehicle’s door status, key
certification label, the company must Inc. identification and any unauthorized
identify with the simple two or three AGENCY: National Highway Traffic effort to open a door, enter, or move the
daltland on DSKBBV9HB2PROD with NOTICES
digit number assigned by the agency Safety Administration (NHTSA), U.S. vehicle. FUSA further stated that any of
and the model of the glazing. In Department of Transportation (DOT). the unauthorized efforts will activate
addition to these requirements, which ACTION: Grant of petition for exemption. the alarm system causing the vehicle’s
apply to all glazing, certain specialty horn to sound and the hazard lamps to
glazing items, such as standee windows SUMMARY: This document grants in full flash.
in buses, roof openings, and interior Fuji Heavy Industries U.S.A., Inc.’s FUSA’s submission is considered a
partitions made of plastic require that (FUSA) petition for exemption of the complete petition as required by 49 CFR
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![57652 Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices
from the one specified in that emailing PRA@treasury.gov, calling VA Desk Officer; 725 17th St. NW.,
exemption.’’ (202) 622–0489, or viewing the entire Washington, DC 20503 or sent through
The agency wishes to minimize the information collection request at electronic mail to oira_submission@
administrative burden that Part www.reginfo.gov. omb.eop.gov. Please refer to ‘‘OMB
543.9(c)(2) could place on exempted SUPPLEMENTARY INFORMATION: Control No. 2900–0094’’ in any
vehicle manufacturers and itself. The correspondence.
agency did not intend Part 543 to Internal Revenue Service (IRS)
require the submission of a modification Title: Application for Recognition of FOR FURTHER INFORMATION CONTACT:
petition for every change to the Exemption Under Section 501(a). Cynthia Harvey-Pryor, Enterprise
components or design of an antitheft OMB Control Number: 1545–0057. Records Service (005R1B), Department
device. The significance of many such Type of Review: Revision of a of Veterans Affairs, 811 Vermont
changes could be de minimis. Therefore, currently approved collection. Avenue NW., Washington, DC 20420,
NHTSA suggests that if the Abstract: Organizations seeking (202) 461–5870 or email cynthia.harvey-
manufacturer contemplates making any exemption from Federal Income tax pryor@va.gov. Please refer to ‘‘OMB
changes, the effects of which might be under Internal Revenue Code section Control No. 2900–0094’’ in any
characterized as de minimis, it should 501(a) as an organization described in correspondence.
consult the agency before preparing and most paragraphs of section 501(c) must
submitting a petition to modify. use Form 1024 to apply for exemption. SUPPLEMENTARY INFORMATION:
Issued in Washington, DC, under authority The information collected is used to Authority: 44 U.S.C. 3501–21.
delegated in 49 CFR part 1.95. determine whether the organization
Raymond R. Posten, qualifies for tax-exempt status. Title: Supplement to VA Forms 21–
Associate Administrator for Rulemaking. Form: 1024, 1024–A. 526, 21P–534, and 21P–535 (for
[FR Doc. 2017–26230 Filed 12–5–17; 8:45 am] Affected Public: Not-for-profit Philippine Claims) (VA Form 21–4169).
BILLING CODE 4910–59–P
Institutions. OMB Control Number: 2900–0094.
Estimated Total Annual Burden
Hours: 313,301. Type of Review: Extension of a
currently approved collection.
DEPARTMENT OF THE TREASURY Authority: 44 U.S.C. 3501 et seq.
Abstract: VA Form 21–4169 is used to
Dated: November 30, 2017.
Agency Information Collection gather the necessary information to
Spencer W. Clark,
Activities; Submission for OMB determine whether a claimant’s service
Treasury PRA Clearance Officer.
Review; Comment Request; qualifies as service in the
[FR Doc. 2017–26228 Filed 12–5–17; 8:45 am] Commonwealth Army of the Philippines
Application for Recognition of
BILLING CODE 4830–01–P or recognized guerrilla organization.
Exemption Under Section 501(a)
The form is used for the sole purpose of
AGENCY: Departmental Offices, U.S.
collecting the information, proof of
Department of the Treasury. DEPARTMENT OF VETERANS service, place of residence, and
ACTION: Notice. AFFAIRS membership in pro-Japanese, pro-
SUMMARY: The Department of the [OMB Control No. 2900–0094] German, or anti-American Filipino
Treasury will submit the following organization.
information collection requests to the Agency Information Collection Activity
An agency may not conduct or
Office of Management and Budget Under OMB Review: Supplement to VA
Forms (For Philippine Claims) sponsor, and a person is not required to
(OMB) for review and clearance in respond to a collection of information
accordance with the Paperwork AGENCY: Veterans Benefits unless it displays a currently valid OMB
Reduction Act of 1995, on or after the Administration, Department of Veterans control number. The Federal Register
date of publication of this notice. The Affairs. Notice with a 60-day comment period
public is invited to submit comments on ACTION: Notice. soliciting comments on this collection
these requests. of information was published at 82 FR
DATES: Comments should be received on SUMMARY: In compliance with the 186 on September 27, 2017, page 45114.
or before January 5, 2018 to be assured Paperwork Reduction Act (PRA) of
of consideration. 1995, this notice announces that the Affected Public: Individuals or
Veterans Benefits Administration, Households.
ADDRESSES: Send comments regarding
the burden estimate, or any other aspect Department of Veterans Affairs, will Estimated Annual Burden: 250 hours.
of the information collection, including submit the collection of information Estimated Average Burden per
suggestions for reducing the burden, to abstracted below to the Office of Respondent: 15 minutes.
(1) Office of Information and Regulatory Management and Budget (OMB) for
review and comment. The PRA Frequency of Response: One time.
Affairs, Office of Management and
Budget, Attention: Desk Officer for submission describes the nature of the Estimated Number of Respondents:
Treasury, New Executive Office information collection and its expected 1,000.
Building, Room 10235, Washington, DC cost and burden and it includes the
By direction of the Secretary.
20503, or email at OIRA_Submission@ actual data collection instrument.
Cynthia Harvey-Pryor,
daltland on DSKBBV9HB2PROD with NOTICES
OMB.EOP.gov and (2) Treasury PRA DATES: Comments must be submitted on
Clearance Officer, 1750 Pennsylvania or before January 5, 2018. Department Clearance Officer, Office of
Quality, Privacy and Risk, Department of
Ave. NW., Suite 8142, Washington, DC ADDRESSES: Submit written comments Veterans Affairs.
20220, or email at PRA@treasury.gov. on the collection of information through
[FR Doc. 2017–26251 Filed 12–5–17; 8:45 am]
FOR FURTHER INFORMATION CONTACT: www.Regulations.gov, or to Office of
BILLING CODE 8320–01–P
Copies of the submissions may be Information and Regulatory Affairs,
obtained from Jennifer Leonard by Office of Management and Budget, Attn:
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Document Created: 2017-12-06 00:22:35
Document Modified: 2017-12-06 00:22:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Grant of petition for exemption. | |
| Dates | The exemption granted by this notice is effective beginning with the 2019 model year (MY). | |
| Contact | Ms. Carlita Ballard, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, West Building, W43-439, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Ballard's phone number is 202-366-5222. Her fax number is 202-493- 2990. | |
| FR Citation | 82 FR 57650 |
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