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Federal Register / Vol. 73, No.

61 / Friday, March 28, 2008 / Notices 16743

estimate that there will be about 10 tire Consequently, we are revising our initial marking requirements of the Theft
recall campaigns per year, and that estimate of the burden associated with Prevention Standard (49 CFR Part 541).
inclusion of this additional information this requirement to zero burden hours. Nissan requested confidential treatment
will require an additional two hours of for the information and attachments it
Estimated Number of Respondents
effort beyond the subtotal above submitted in support of its petition. In
associated with non-tire recall Over the past several years NHTSA a letter dated November 6, 2007, the
campaigns. This additional effort has received reports of defect or agency granted the petitioner’s request
consists of one hour for the NHTSA noncompliance from roughly 175 for confidential treatment.
notification and one hour for the dealer manufacturers per year. We have no DATES: The exemption granted by this
notification for a total of 20 burden reason at this juncture to suspect this notice is effective beginning with the
hours (10 tire recalls a year × 2 hours annual figure will change in any 2009 model year.
per recall). significant manner in the coming years. FOR FURTHER INFORMATION CONTACT: Ms.
Also discussed earlier was the Accordingly, we estimate that there will Carlita Ballard, Office of International
requirement that manufacturer owned continue to be approximately 175 Policy, Fuel Economy and Consumer
or controlled dealers notify and provide manufacturers per year filing defect or Programs, NHTSA, West Building,
certain information should they deviate noncompliance reports and completing W43–439, 1200 New Jersey Avenue, SE.,
from the manufacturer’s disposal plan. the other information collection Washington, DC 20590. Ms. Ballard’s
Consistent with previous analysis, we responsibilities associated with those phone number is (202) 366–0846. Her
continue to ascribe zero burden hours to filings. fax number is (202) 493–2990.
this requirement since to date no such We discussed above that we have yet
reports have been provided and our SUPPLEMENTARY INFORMATION: In a
to receive a single report filed pursuant
original expectation that dealers would to 49 CFR 573.10. This information petition dated October 26, 2007, Nissan
comply with manufacturers’ plans has collection requirement, to reiterate, requested exemption from the parts-
proven true. requires anyone who sells or leases a marking requirements of the theft
Accordingly, we estimate 20 burden defective or noncompliant tire, with prevention standard (49 CFR Part 541)
hours a year will be spent complying knowledge of that tire’s defectiveness or for the MY 2009 Nissan Rogue vehicle
with the tire recall campaign noncompliance, to report that sale or line. The petition requested an
requirements found in 49 CFR lease to NHTSA. Given the lack of filing exemption from parts-marking pursuant
573.6(c)(9). history over many years, we estimate to 49 CFR Part 543, Exemption from
that there will continue to be zero Vehicle Theft Prevention Standard,
C. Estimated Burden Associated With based on the installation of an antitheft
the Addition of the Requirement That reports filed and therefore zero
respondents as to this requirement. device as standard equipment for the
Intentional Sales and Leases of entire vehicle line.
Defective or Noncompliant Tires Be In summary, we estimate that there
will be a total of 175 respondents per Under § 543.5(a), a manufacturer may
Reported to NHTSA, to This petition NHTSA to grant exemptions for
Information Collection year associated with OMB No. 2127–
0004. one of its vehicle lines per model year.
We have proposed and plan to Nissan’s submission is considered a
incorporate into this information Issued on: March 25, 2008. complete petition as required by 49 CFR
collection (OMB No. 2127–0004) the Kathleen C. DeMeter, 543.7, in that it meets the general
requirement that those persons that sell Director, Office of Defects Investigation. requirements contained in 543.5 and the
or lease defective or noncompliant tires [FR Doc. E8–6455 Filed 3–27–08; 8:45 am] specific content requirements of 543.6.
knowing that the manufacturer has BILLING CODE 4910–59–P Nissan’s petition provided a detailed
determined them to be defective or description and diagram of the identity,
noncompliant with FMVSS report those design, and location of the components
sales or leases to NHTSA. We explained DEPARTMENT OF TRANSPORTATION of the antitheft device for the new
that we are proposing and planning this vehicle line. Although specific details of
inclusion for the simple reason of National Highway Traffic Safety the system’s operation, design,
consolidation. The requirement is found Administration effectiveness and durability have been
in Part 573, and given that today’s accorded confidential treatment,
information collection concerns Petition for Exemption From the NHTSA is, for the purposes of this
information collections found within Vehicle Theft Prevention Standard; petition, disclosing the following
that Part, we do not see a basis for Nissan general information. Nissan will install
keeping this requirement separate from AGENCY: National Highway Traffic its passive, transponder-based
all of the rest. Safety Administration (NHTSA) immobilizer device as standard
In the original Federal Register notice Department of Transportation (DOT). equipment on its Rogue vehicle line
we published announcing this ACTION: Grant of petition for exemption. beginning with MY 2009. Key
requirement and calculating its burden, components of the antitheft device are
we estimated that roughly 9 persons a SUMMARY: This document grants in full an engine electronic control module
year would report such sales or leases, the Nissan North America, Inc.’s (ECM), a passive immobilizer and a
and that the reporting would require a (Nissan) petition for exemption of the transponder key. The immobilizer
maximum of one-half of one hour to Rogue vehicle line in accordance with system prevents normal operation of the
accomplish. See 65 FR 81409 (December 49 CFR Part 543, Exemption from the vehicle without the use of the key.
26, 2000). In reviewing this collection Theft Prevention Standard. This Nissan’s antitheft device will also have
requirement, we found that in the seven petition is granted because the agency an alarm feature. Nissan stated that its
sroberts on PROD1PC70 with NOTICES

years since this requirement has been in has determined that the antitheft device alarm system is activated by opening
place we have yet to receive a single to be placed on the line as standard any door without the use of a key. Upon
report of a sale or lease of a defective or equipment is likely to be as effective in activation of the alarm, the head lamps
noncompliant tire pursuant to this reducing and deterring motor vehicle will flash and the horn will sound.
information collection requirement. theft as compliance with the parts- Nissan also provided its own test

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16744 Federal Register / Vol. 73, No. 61 / Friday, March 28, 2008 / Notices

information on the reliability and antitheft device is likely to be as consult the agency before preparing and
durability of its proposed device. Nissan effective in reducing and deterring submitting a petition to modify.
based its belief that the device is reliable motor vehicle theft as compliance with Authority: 49 U.S.C. 33106; delegation of
and durable since the device complied the parts-marking requirements of part authority at 49 CFR 1.50.
with the specific requirements for each 541. The agency finds that Nissan has
Issued on: March 24, 2008.
test. provided adequate reasons for its belief
Nissan compared the device proposed that the antitheft device will reduce and Stephen R. Kratzke,
for its vehicle line with other devices deter theft. This conclusion is based on Associate Administrator for Rulemaking.
which NHTSA has determined to be as the information Nissan provided about [FR Doc. E8–6493 Filed 3–27–08; 8:45 am]
effective in reducing and deterring its device. BILLING CODE 4910–59–P
motor vehicle theft as would For the foregoing reasons, the agency
compliance with the parts-marking hereby grants in full Nissan’s petition
requirements. Nissan stated that its for exemption for the Rogue vehicle line DEPARTMENT OF VETERANS
antitheft device will be no less effective from the parts-marking requirements of AFFAIRS
than those devices in the lines for which 49 CFR Part 541, beginning with the
NHTSA has already granted full 2009 model year vehicles. The agency [OMB Control No. 2900—New (10–21086)]
exemption from the parts-marking notes that 49 CFR Part 541, Appendix
requirements. Agency Information Collection
A–1, identifies those lines that are Activities (National Survey of Women
Nissan stated that NHTSA’s theft data exempted from the Theft Prevention
have shown a decline in theft rates for Veterans) Under OMB Review
Standard for a given model year. 49 CFR
vehicle lines that have been equipped Part 543.7(f) contains publication AGENCY: Veterans Health
with antitheft devices similar to that requirements incident to the disposition Administration, Department of Veterans
which Nissan proposes to install on the of all Part 543 petitions. Advanced Affairs.
new line. Nissan stated that based on listing, including the release of future
the agency’s theft rate data, the Buick ACTION: Notice.
product nameplates, the beginning
Rivera and the Oldsmobile Aurora model year for which the petition is SUMMARY: In compliance with the
vehicles equipped with the PASS-Key granted and a general description of the Paperwork Reduction Act (PRA) of 1995
and PASS-Key II systems experienced a (44 U.S.C. 3501–3521), this notice
antitheft device is necessary in order to
significant reduction in theft rates from announces that the Veterans Health
notify law enforcement agencies of new
1987 to 1996. Nissan concluded that the Administration (VHA), Department of
vehicle lines exempted from the parts-
data indicates that the immobilizer was Veterans Affairs, has submitted the
marking requirements of the Theft
effective in contributing to the theft rate collection of information abstracted
Prevention Standard.
reduction for these lines. Nissan stated
If Nissan decides not to use the below to the Office of Management and
that based on NHTSA’s theft data for
exemption for this line, it must formally Budget (OMB) for review and comment.
1987 through 1996, the average theft
notify the agency, and, thereafter, the The PRA submission describes the
rate for the Buick Riviera and the
line must be fully marked as required by nature of the information collection and
Oldsmobile Aurora vehicles without the
49 CFR Parts 541.5 and 541.6 (marking its expected cost and burden and
immobilizer was 4.8970 and 5.0760,
of major component parts and includes the actual data collection
respectively and 1.4288 and 2.0955 after
replacement parts). instrument.
installation of the immobilizer device.
Further review of the agency’s theft data NHTSA notes that if Nissan wishes in DATES: Comments must be submitted on
published through the 2005 MY the future to modify the device on or before April 28, 2008.
revealed that, while there is some which this exemption is based, the
ADDRESSES: Submit written comments
variation, the theft rates for both lines company may have to submit a petition
on the collection of information through
continued to stay below the median to modify the exemption. Part 543.7(d)
http://www.Regulations.gov; or to VA’s
theft rate of 3.5826. The agency agrees states that a Part 543 exemption applies
OMB Desk Officer, OMB Human
that the device is substantially similar to only to vehicles that belong to a line
Resources and Housing Branch, New
devices in other vehicles lines for which exempted under this part and equipped
Executive Office Building, Room 10235,
the agency has already granted with the anti-theft device on which the
Washington, DC 20503 (202) 395–7316.
exemptions. line’s exemption is based. Further,
Please refer to ‘‘OMB Control No. 2900–
The agency also notes that the device § 543.9(c)(2) provides for the submission
New (10–21086)’’ in any
will provide the five types of of petitions ‘‘to modify an exemption to
correspondence.
performance listed in § 543.6(a)(3): permit the use of an antitheft device
Promoting activation; attracting similar to but differing from the one FOR FURTHER INFORMATION CONTACT:
attention to the efforts of unauthorized specified in that exemption.’’ Denise McLamb, Records Management
persons to enter or operate a vehicle by The agency wishes to minimize the Service (005R1B), Department of
means other than a key; preventing administrative burden that Part Veterans Affairs, 810 Vermont Avenue,
defeat or circumvention of the device by 543.9(c)(2) could place on exempted NW., Washington, DC 20420, (202) 461–
unauthorized persons; preventing vehicle manufacturers and itself. The 7485, fax (202) 273–0443 or e-mail
operation of the vehicle by agency did not intend Part 543 to denise.mclamb@mail.va.gov. Please
unauthorized entrants; and ensuring the require the submission of a modification refer to ‘‘OMB Control No. 2900—New
reliability and durability of the device. petition for every change to the (10–21086).’’
Pursuant to 49 U.S.C. 33106 and 49 components or design of an antitheft SUPPLEMENTARY INFORMATION:
CFR 543.7(b), the agency grants a device. The significance of many such Title: National Survey of Women
sroberts on PROD1PC70 with NOTICES

petition for an exemption from the changes could be de minimis. Therefore, Veterans, VA Form 10–21086(NR).
parts-marking requirements of part 541 NHTSA suggests that if the OMB Control Number: 2900–New
either in whole or in part, if it manufacturer contemplates making any (2900–New (10–21086)).
determines that, based upon substantial changes the effects of which might be Type of Review: Extension of a
evidence, the standard equipment characterized as de minimis, it should currently approved collection.

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