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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices
Catalog of Federal Domestic Assistance Number 59008
Isabella Guzman, Administrator.
FR Doc. 202115524 Filed 72021; 8:45 am BILLING CODE 802603P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; BMW of North America, LLC
National Highway Traffic Safety Administration NHTSA, Department of Transportation DOT.
ACTION: Grant of petition for exemption.
AGENCY:

This document grants in full the BMW of North America, LLCs BMW petition for exemption from the Federal Motor Vehicle Theft Prevention Standard theft prevention standard for its Toyota Supra vehicle line beginning in model year MY 2022. 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 partsmarking requirements of the theft prevention standard. BMW 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 2022 model year.
FOR FURTHER INFORMATION CONTACT:
Carlita Ballard, Office of International Policy, Fuel Economy, and Consumer Programs, NHTSA, West Building, W43439, NRM310, 1200 New Jersey Avenue SE, Washington, DC 20590. Ms.
Ballards phone number is 202 366
5222. Her fax number is 202 4932990.
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 part 541 theft prevention standard to require parts-marking for specified passenger motor vehicles and light trucks. Pursuant to 49 U.S.C.
33106, manufacturers that are subject to
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the parts-marking requirements may petition the Secretary of Transportation for an exemption for a line of passenger motor vehicles equipped as standard equipment with an antitheft device that the Secretary decides is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements. In accordance with this statute, NHTSA
promulgated 49 CFR part 543, which establishes the process through which manufacturers 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 section 543.6 or section 543.7. Under section 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.
Section 543.8 establishes requirements for processing petitions for exemption from the theft prevention standard. As stated in section 543.8a, 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 section 543.8b, will grant the petition if it determines that, based upon substantial evidence, the standard equipment antitheft device is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of part 541.
Section 543.8c requires NHTSA to issue its decision either to grant or to deny an exemption petition not later than 120 days after the date on which a complete petition is filed. If NHTSA
does not make a decision within the 120-day period, the petition shall be deemed to be approved and the manufacturer shall be exempt from the standard for the line covered by the petition for the subsequent model year.1
Exemptions granted under part 543

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apply only to the vehicle line or lines that are subject to the grant and that are equipped with the antitheft device on which the lines exemption was based, and are effective for the model year beginning after the model year in which NHTSA issues the notice of exemption, unless the notice of exemption specifies a later year.
Sections 543.8f and g apply to the manner in which NHTSAs decisions on petitions are to be made known. Under section 543.8f, if the petition is sought under section 543.6, NHTSA publishes a notice of its decision to grant or deny the exemption petition in the Federal Register and notifies the petitioner in writing. Under section 543.8g, if the petition is sought under section 543.7, NHTSA notifies the petitioner in writing of the agencys decision to grant or deny the exemption petition.
This grant of petition for exemption considers BMW of North America, LLCs BMW petition for its Toyota Supra vehicle line beginning in MY
2022. BMWs petition is granted under 49 U.S.C. 33106 and 49 CFR 543.8c, which state that if the Secretary of Transportation NHTSA, by delegation does not make a decision about a petition within 120 days of the petition submission, the petition shall be deemed to be approved and the manufacturer shall be exempt from the standard for the line covered by the petition for the subsequent model year.
Separately, based on the information provided in BMWs petition, NHTSA
has determined that the antitheft device to be placed on its vehicle 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.
I. Specific Petition Content Requirements Under 49 CFR 543.6
Pursuant to 49 CFR part 543, Exemption from Vehicle Theft Prevention, BMW petitioned for an exemption for its specified vehicle line from the parts-marking requirements of the theft prevention standard, beginning in MY 2022. BMW petitioned under 49
CFR 543.6, Petition: Specific content requirements, which, as described above, requires manufacturers to provide specific information about the antitheft device installed as standard equipment on all vehicles in the line for which an exemption is sought, the antitheft devices 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.

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