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Part 543 30-day 2022-05574.pdf

49 CFR Part 543, Petitions for Exemption from the Vehicle Theft Prevention Standard

30-day FRN

OMB: 2127-0542

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Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices

level of safety equal to that existing
without the exemption.
V. Conditions and Requirements
The terms and conditions of the
exemption are provided to the
applicants in the exemption document
and includes the following: (1) Each
driver must report any crashes or
accidents as defined in § 390.5; (2) each
driver must report all citations and
convictions for disqualifying offenses
under 49 CFR 383 and 49 CFR 391 to
FMCSA; and (3) each driver is
prohibited from operating a motorcoach
or bus with passengers in interstate
commerce. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official. In addition, the exemption does
not exempt the individual from meeting
the applicable CDL testing
requirements.
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.

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VII. Conclusion
Based upon its evaluation of the 23
exemption applications, FMCSA
exempts the following drivers from the
hearing standard, § 391.41(b)(11),
subject to the requirements cited above:
Yunier Alegre (FL)
Kenneth Alston (NJ)
Charles Armand (NJ)
Baldemar Barba (TX)
Gary Barber (WI)
Desmond Dantzler (AZ)
Jeremy Descloux (WA)
Philip Fatigato (IL)
William Hoke (NY)
Edward Larizza (CA)
Kevin Maddox (GA)
Bikien McKoy (NC)
Rage Muse (MN)
Orlando Padilla (FL)
Michael Paul (IL)
Aaron Pitsker (CA)
Michael Principe (TX)
William Rivas (CA)
Kenneth Salts (OH)
Isaac Soto (IL)
Gary Sturdevant (TX)
Richard Taulbee (GA)
Matthew Taylor (TX)
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has

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resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and
31315(b).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022–05515 Filed 3–15–22; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2020–0004]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Petitions for Exemption
From the Vehicle Theft Prevention
Standard
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for
comments on a reinstatement of a
previously approved information
collection.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995
(PRA), this notice announces that the
Information Collection Request (ICR)
summarized below has been forwarded
to the Office of Management and Budget
(OMB) for review and approval. The ICR
describes the nature of the information
collections and their expected burden.
The Federal Register Notice with a 60day comment period for approval of a
reinstatement of this previously
approved information collection was
published on August 20, 2020. The
agency received no comments.
DATES: Comments must be submitted on
or before April 15, 2022.
ADDRESSES: Written comments and
recommendations for the proposed
information collection, including
suggestions for reducing burden, should
be submitted to the Office of
Management and Budget at
www.reginfo.gov/public/do/PRAMain.
To find this particular information
collection, select ‘‘Currently under
Review—Open for Public Comment’’ or
use the search function.
FOR FURTHER INFORMATION CONTACT:
Carlita Ballard at the National Highway
Traffic Safety Administration, Office of
International Policy, Fuel Economy and
Consumer Programs (NRM–310), 1200
New Jersey Ave. SE, West Building,
Room W43–439, Washington, DC 20590.
SUMMARY:

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Ms. Ballard’s telephone number is (202)
366–5222. Please identify the relevant
collection of information by referring to
its OMB Control Number.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501 et seq.), a Federal
agency must receive approval from the
Office of Management and Budget
(OMB) before it collects certain
information from the public and a
person is not required to respond to a
collection of information by a Federal
agency unless the collection displays a
valid OMB control number. In
compliance with these requirements,
this notice announces that the following
information collection request will be
submitted to OMB.
A Federal Register notice with a 60day comment period soliciting public
comments on the following information
collection was published on August 20,
2020 (85 FR 51548).
Title: Petitions for Exemption from
the Vehicle Theft Prevention Standard
(49 CFR part 543).
OMB Control Number: 2127–0542.
Type of Request: Reinstatement of a
previously approved information
collection.
Type of Review Requested: Regular.
Length of Approval Requested: Three
years.
Affected Public: Motor vehicle
manufacturers.
Summary of Information Collection:
49 U.S.C. Chapter 331 requires the
Secretary of Transportation, and
NHTSA by delegation, to promulgate a
theft prevention standard to provide for
the identification of certain motor
vehicles and their major replacement
parts (parts-marking) to impede motor
vehicle theft. NHTSA’s theft prevention
standard at 49 CFR part 541 specifies
performance requirements for
identifying numbers or symbols
(generally the vehicle identification
number (VIN)) to be placed on major
parts of all passenger vehicles subject to
the theft prevention standard. 49 U.S.C.
33106 allows manufacturers who equip
covered vehicles with standard original
equipment antitheft devices to petition
for an exemption from the parts-marking
requirements. NHTSA may exempt a
vehicle line from the parts-marking
requirement if the manufacturer installs
an antitheft device as standard
equipment on the entire vehicle line for
which it seeks an exemption, and
NHTSA determines that the antitheft
device is likely to be as effective in
reducing and deterring motor vehicle
theft as compliance with the partsmarking requirements.
Under the current part 543,
manufacturers choose how they wish to

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Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices
demonstrate to the agency that the antitheft device they are installing in a
vehicle line meets the requirements for
exemption: By either the factors listed
in § 543.6 (specific content
requirements: Detailed lists, data, and
explanations) or by the criteria listed in
§ 543.7 (performance criteria). Section
543.6 requires the manufacturer to
submit: (1) A statement that an antitheft
device will be installed as standard
equipment on all vehicles in the line for
which an exemption is sought; (2) a list
naming each component in the antitheft
system, and a diagram showing the
location of each of those components
within the vehicle; (3) a discussion that
explains the means and process by
which the device is activated and
functions, including any aspect of the
device designed to facilitate or
encourage its activation by motorists,
attract attention to the efforts of an
unauthorized person to enter or move
the vehicle by means other than a key,
prevent defeating or circumventing the
device by an unauthorized person
attempting to enter a vehicle by means
other than a key, prevent the operation
of a vehicle which an unauthorized
person has entered using means other
than a key, and ensure the reliability
and durability of the device; (4) the
reasons for the petitioner’s belief that
the antitheft device will be effective in
reducing and deterring motor vehicle
theft, including any theft data and other
data that are available to the petitioner
and form the basis for that belief; (5) the
reasons for the petitioner’s belief that
the agency should determine that the
antitheft device is likely to be as
effective as compliance with the parts-

marking requirements of part 541 in
reducing and deterring motor vehicle
theft, including any statistical data that
are available to the petitioner and form
a basis for petitioner’s belief that a line
of passenger motor vehicles equipped
with the antitheft device is likely to
have a theft rate equal to or less than
that of passenger motor vehicles of the
same, or similar, line which have parts
marked in compliance with part 541.
Section 543.7 requires manufacturers
to submit a statement that the entire line
of vehicles is equipped with an
immobilizer, as standard equipment,
that meets one of the following: (1) The
performance criteria of (subsections 8
through 21) of C.R.C, c. 1038.114, Theft
Protection and Rollaway Prevention (in
effect March 30, 2011), as excerpted in
appendix A of this part; (2) National
Standard of Canada CAN/ULC–S338–
98, Automobile Theft Deterrent
Equipment and Systems: Electronic
Immobilization (May 1998); (3) United
Nations Economic Commission for
Europe (UN/ECE) Regulation No. 97
(ECE R97), Uniform Provisions
Concerning Approval of Vehicle Alarm
System (VAS) and Motor Vehicles with
Regard to Their Alarm System (AS) in
effect August 8, 2007; or (4) UN/ECE
Regulation No. 116 (ECE R116), Uniform
Technical Prescriptions Concerning the
Protection of Motor Vehicles Against
Unauthorized Use in effect on February
10, 2009. Manufacturers must also
submit documentation kept to
demonstrate that the device conforms
with the performance criteria and a
statement that the immobilizer device is
durable and reliable.

Description of the Need for the
Information and Proposed Use of the
Information: NHTSA requires this
information to determine whether an
anti-theft device a manufacturer is
installing in a vehicle line is likely to be
as effective in reducing and deterring
motor vehicle theft as compliance with
the parts-marking requirements and
therefore meets the requirements for the
grant of an exemption from part 541
parts-marking requirements.
Estimated Number of Respondents:
12.
There are approximately 23 vehicle
manufacturers that could request an
exemption per model year. For MYs
2017–2020, the agency received 32
petitions for exemption from the partsmarking requirements, with 12 of those
petitions received in the most recent
year. Nine respondents filed under
§ 543.6 and three respondents filed
under § 543.7. NHTSA anticipates that
the number of petitions received in each
of the next three years will be the same
as the number of petitions received in
the most recent year, i.e., approximately
12 per year.
Estimated Total Annual Burden
Hours: 2,094.
NHTSA estimates, based on
information provided by manufacturers,
that 226 hours will be required for
exemptions requested under § 543.6,
and 20 hours for exemptions requested
under § 543.7. The agency expects that,
similar to 2020, nine manufacturers will
choose to file for an exemption under
§ 543.6 and three manufacturers will
choose to file for an exemption under
§ 543.7. The estimated total annual
burden hours are shown below:

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Average
number of
petitions
per year

Average time
per petition
submittal
(hours)

Total annual
hours

Preparation and Submittal of Petition for Exemption under § 543.6 ...........................................
Preparation and Submittal of Petition for Exemption under § 543.7 ...........................................

9
3

226
20

2,034
60

Estimated Total Annual Burden Hours: ................................................................................

........................

........................

2,094

The labor cost associated with the
burden hours for this collection is
derived by (1) applying appropriate
average hourly labor rate for

‘‘Compliance Officers,’’ Occupation
Code 13–1041, published by the Bureau
of Labor Statistics,1 (2) dividing by
0.701 2 (70.1%) to obtain the total

compensation rate for private industry
workers, and (3) multiplying by the
estimated labor hours for each
exemption type.

1 May 2018 National Occupational Employment
and Wage Estimates, United States. Business and
Financial Operations Occupations, Compliance

Officers, Occupation Code 13–1041; Mean Hourly
Wage = $34.86. https://www.bls.gov/oes/current/
oes_nat.htm. Accessed Mar. 9, 2020.

2 See Table 1 at https://www.bls.gov/news.release/
ecec.t01.htm.

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Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices

Hourly labor
cost
Preparation and Submittal of Petition for Exemption under
§ 543.6 ..............................................................................
Preparation and Submittal of Petition for Exemption under
§ 543.7 ..............................................................................
Estimated Annual Labor Cost for This Information
Collection: ..................................................................

Estimated Total Annual Burden Cost
to Respondents: $0.
NHTSA estimates that there will be
no costs to respondents other than labor
costs associated with burden hours.
Public Comments Invited: You are
asked to comment on any aspects of this
information collection, including (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
(c) ways to enhance the quality, utility
and clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
(Authority: The Paperwork Reduction Act of
1995; 44 U.S.C. Chapter 35, as amended; 49
CFR 1.49; and DOT Order 1351.29)
Issued in Washington, DC.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2022–05574 Filed 3–15–22; 8:45 am]
BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Federal Motor Vehicle Theft Prevention
Standard; Volkswagen Group of
America, Inc.
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.

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AGENCY:

This document grants in full
the Volkswagen Group of America,
Inc.’s (Volkswagen) petition for
exemption from the Federal Motor

SUMMARY:

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Average time
per petition
submittal
(hours)

Labor
cost/petition

Annual labor
cost

$49.73

226

$11,238.98

9

$101,151

49.73

20

994.60

3

2,984

........................

........................

........................

........................

$104,135

Vehicle Theft Prevention Standard (theft
prevention standard) for its Audi e-tron
GT vehicle line beginning in model year
(MY) 2023. The petition is granted
because the agency has determined that
the antitheft device to be placed on the
line as standard equipment is likely to
be as effective in reducing and deterring
motor vehicle theft as compliance with
the parts-marking requirements of the
theft prevention standard. Volkswagen
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
2023 model year.
FOR FURTHER INFORMATION CONTACT:
Carlita Ballard, Office of International
Policy, Fuel Economy, and Consumer
Programs, NHTSA, West Building,
W43–439, NRM–310, 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: Under 49
U.S.C. chapter 331, the Secretary of
Transportation (and the National
Highway Traffic Safety Administration
(NHTSA) by delegation) is required to
promulgate a theft prevention standard
to provide for the identification of
certain motor vehicles and their major
replacement parts to impede motor
vehicle theft. NHTSA promulgated
regulations at 49 CFR part 541 (theft
prevention standard) to require partsmarking for specified passenger motor
vehicles and light trucks. Pursuant to 49
U.S.C. 33106, manufacturers that are
subject to the parts-marking
requirements may petition the Secretary
of Transportation for an exemption for
a line of passenger motor vehicles
equipped with an antitheft device as
standard equipment that the Secretary
decides is likely to be as effective in
reducing and deterring motor vehicle
theft as compliance with the partsmarking requirements. In accordance
with this statute, NHTSA promulgated
49 CFR part 543, which establishes the
process through which manufacturers

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Estimated No.
of Petitions/
Year

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may seek an exemption from the theft
prevention standard.
49 CFR 543.5 provides general
submission requirements for petitions
and states that each manufacturer may
petition NHTSA for an exemption of
one vehicle line per model year. Among
other requirements, manufacturers must
identify whether the exemption is
sought under § 543.6 or § 543.7. Under
§ 543.6, a manufacturer may request an
exemption by providing specific
information about the antitheft device,
its capabilities, and the reasons the
petitioner believes the device to be as
effective at reducing and deterring theft
as compliance with the parts-marking
requirements. Section 543.7 permits a
manufacturer to request an exemption
under a more streamlined process if the
vehicle line is equipped with an
antitheft device (an ‘‘immobilizer’’) as
standard equipment that complies with
one of the standards specified in that
section.1
Section 543.8 establishes
requirements for processing petitions for
exemption from the theft prevention
standard. As stated in § 543.8(a),
NHTSA processes any complete
exemption petition. If NHTSA receives
an incomplete petition, NHTSA will
notify the petitioner of the deficiencies.
Once NHTSA receives a complete
petition the agency will process it and,
in accordance with § 543.8(b), will grant
the petition if it determines that, based
upon substantial evidence, the standard
equipment antitheft device is likely to
1 49 CFR 543.7 specifies that the manufacturer
must include a statement that their entire vehicle
line is equipped with an immobilizer that meets
one of the following standards: (1) The performance
criteria (subsections 8 through 21) of C.R.C, c.
1038.114, Theft Protection and Rollaway Prevention
(in effect March 30, 2011), as excerpted in appendix
A of [part 543]; (2) National Standard of Canada
CAN/ULC–S338–98, Automobile Theft Deterrent
Equipment and Systems: Electronic Immobilization
(May 1998); (3) United Nations Economic
Commission for Europe (UN/ECE) Regulation No.
97 (ECE R97), Uniform Provisions Concerning
Approval of Vehicle Alarm System (VAS) and
Motor Vehicles with Regard to Their Alarm System
(AS) in effect August 8, 2007; or (4) UN/ECE
Regulation No. 116 (ECE R116), Uniform Technical
Prescriptions Concerning the Protection of Motor
Vehicles Against Unauthorized Use in effect on
February 10, 2009.

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