[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Rules and Regulations]
[Pages 71363-71367]
[FR Doc No: 2010-29418]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8157]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities, where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP), that are scheduled for suspension on the effective
dates listed within this rule because of noncompliance with the
floodplain management requirements of the program. If the Federal
Emergency Management Agency (FEMA) receives documentation that the
community has adopted the required floodplain management measures prior
to the effective suspension date given in this rule, the suspension
will not occur and a notice of this will be provided by publication in
the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Mitigation Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
aimed at protecting lives and new construction from future flooding.
Section 1315 of the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body
adopts adequate floodplain management measures with effective
enforcement measures. The communities listed in this document no longer
meet that statutory requirement for compliance with program
regulations, 44 CFR part 59. Accordingly, the communities will be
suspended on the effective date in the third column. As of that date,
flood insurance will no longer be available in the community. However,
some of these communities may adopt and submit the required
documentation of legally enforceable floodplain management measures
after this rule is published but prior to the actual suspension date.
These communities will not be suspended and will continue their
eligibility for the sale of insurance. A notice withdrawing the
suspension of the communities will be published in the Federal
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas
(SFHAs) in these communities by publishing a Flood Insurance Rate Map
(FIRM). The date of the FIRM, if one has been published, is indicated
in the fourth column of the table. No direct Federal financial
assistance (except assistance pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act not in connection with a
flood) may legally be provided for construction or acquisition of
buildings in identified SFHAs for communities not participating in the
NFIP and identified for more than a year, on FEMA's initial flood
insurance map of the community as having flood-prone areas (section
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a),
as amended). This prohibition against certain types of Federal
assistance becomes effective for the communities listed on the date
shown in the last column. The Administrator finds that notice and
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary
because communities listed in this final rule have been adequately
notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the communities unless
remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

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                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.        sale of  flood            date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
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            Region I

Rhode Island:
    Coventry, Town of, Kent            440004  November 21,       Dec. 3, 2010..........  Dec. 3, 2010.
     County.                                    1973, Emerg;
                                                September 1,
                                                1978, Reg;
                                                December 3,
                                                2010, Susp..
    East Greenwich, Town of,           445397  July 16, 1971,     ......do*.............   do.
     Kent County.                               Emerg; February
                                                9, 1973, Reg;
                                                December 3,
                                                2010, Susp..
    Warwick, City of, Kent             445409  June 19, 1970,     ......do..............   do.
     County.                                    Emerg; April 6,
                                                1973, Reg;
                                                December 3,
                                                2010, Susp..
    West Greenwich, Town of,           440037  October 10, 1975,  ......do..............   do.
     Kent County.                               Emerg; January
                                                3, 1986, Reg;
                                                December 3,
                                                2010, Susp..
    West Warwick, Town of, Kent        440007  September 1,       ......do..............   do.
     County.                                    1972, Emerg;
                                                February 1,
                                                1978, Reg;
                                                December 3,
                                                2010, Susp..
           Region IV

Tennessee: Woodbury, Town of,          470021  May 23, 1973,      ......do..............   do.
 Cannon County.                                 Emerg; September
                                                1, 1977, Reg;
                                                December 3,
                                                2010, Susp..
            Region V

Indiana:

    Bedford, City of, Lawrence         180148  April 17, 1975,    ......do..............   do.
     County.                                    Emerg; September
                                                4, 1987, Reg;
                                                December 3,
                                                2010, Susp..
    Lawrence County,                   180441  June 24, 1993,     ......do..............   do.
     Unincorporated Areas.                      Emerg; June 1,
                                                1994, Reg;
                                                December 3,
                                                2010, Susp..
Michigan:
    Clare, City of, Clare and          260629  August 26, 1975,   ......do..............   do.
     Isabella Counties.                         Emerg; February
                                                5, 1992, Reg;
                                                December 3,
                                                2010, Susp..
    Redding, Township of, Clare        260382  June 28, 1979,     ......do..............   do.
     County.                                    Emerg; June 17,
                                                1986, Reg;
                                                December 3,
                                                2010, Susp..
    Surrey, Township of, Clare         261337  November 24,       ......do..............   do.
     County.                                    2009, Emerg;
                                                December 3,
                                                2010, Reg;
                                                December 3,
                                                2010, Susp..
Ohio: Adams County,                    390001  March 14, 1978,    ......do..............   do.
 Unincorporated Areas.                          Emerg; February
                                                3, 2003, Reg;
                                                December 3,
                                                2010, Susp..
    Manchester, Village of,            390002  October 25, 1974,  ......do..............   do.
     Adams County.                              Emerg; August 1,
                                                1978, Reg;
                                                December 3,
                                                2010, Susp..
    Rome, Village of, Adams            390003  February 16,       ......do..............   do.
     County.                                    1977, Emerg;
                                                October 18,
                                                1983, Reg;
                                                December 3,
                                                2010, Susp..
    Bay Village, City of,              390093  June 14, 1974,     ......do..............   do.
     Cuyahoga County.                           Emerg; December
                                                1, 1977, Reg;
                                                December 3,
                                                2010, Susp..
    Beachwood, City of,                390094  November 26,       ......do..............   do.
     Cuyahoga County.                           1975, Emerg;
                                                April 20, 1979,
                                                Reg; December 3,
                                                2010, Susp..
    Bedford Heights, City of,          390096  June 11, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; September
                                                17, 1980, Reg;
                                                December 3,
                                                2010, Susp..
    Bedford, City of, Cuyahoga         390095  July 11, 1975,     ......do..............   do.
     County.                                    Emerg; January
                                                2, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Bentleyville, Village of,          390682  March 24, 1976,    ......do..............   do.
     Cuyahoga County.                           Emerg; August 1,
                                                1980, Reg;
                                                December 3,
                                                2010, Susp..
    Berea, City of, Cuyahoga           390097  April 21, 1975,    ......do..............   do.
     County.                                    Emerg; June 1,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    Bratenahl, Village of,             390734  June 9, 1975,      ......do..............   do.
     Cuyahoga County.                           Emerg; June 15,
                                                1981, Reg;
                                                December 3,
                                                2010, Susp..
    Brecksville, City of,              390098  July 11, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; January
                                                16, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Broadview Heights, City of,        390099  November 21,       ......do..............   do.
     Cuyahoga County.                           1975, Emerg;
                                                March 2, 1979,
                                                Reg; December 3,
                                                2010, Susp..
    Brook Park, City of,               390102  April 21, 1975,    ......do..............   do.
     Cuyahoga County.                           Emerg; June 1,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    Brooklyn Heights, Village          390101  May 16, 1975,      ......do..............   do.
     of, Cuyahoga County.                       Emerg; June 15,
                                                1981, Reg;
                                                December 3,
                                                2010, Susp..
    Brooklyn, City of, Cuyahoga        390100  July 3, 1975,      ......do..............   do.
     County.                                    Emerg; June 1,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    Chagrin Falls, Village of,         390103  July 29, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; July 2,
                                                1980, Reg;
                                                December 3,
                                                2010, Susp..
    Cleveland Heights, City of,        390105  April 11, 1975,    ......do..............   do.
     Cuyahoga County.                           Emerg; June 25,
                                                1976, Reg;
                                                December 3,
                                                2010, Susp..
    Cleveland, City of,                390104  July 20, 1973,     ......do..............   do.
     Cuyahoga County.                           Emerg; August 1,
                                                1978, Reg;
                                                December 3,
                                                2010, Susp..
    Cuyahoga County,                   390766  October 4, 1979,   ......do..............   do.
     Unincorporated Areas.                      Emerg; April 2,
                                                1986, Reg;
                                                December 3,
                                                2010, Susp..
    Cuyahoga Heights, Village          390654  June 18, 1976,     ......do..............   do.
     of, Cuyahoga County.                       Emerg; June 15,
                                                1981, Reg;
                                                December 3,
                                                2010, Susp..
    Euclid, City of, Cuyahoga          390107  July 3, 1975,      ......do..............   do.
     County.                                    Emerg; August
                                                17, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Fairview Park, City of,            390108  June 24, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; February
                                                4, 1983, Reg;
                                                December 3,
                                                2010, Susp..
    Garfield Heights, City of,         390109  September 18,      ......do..............   do.
     Cuyahoga County.                           1970, Emerg;
                                                July 9, 1971,
                                                Reg; December 3,
                                                2010, Susp..
    Gates Mills, Village of,           390593  June 4, 1973,      ......do..............   do.
     Cuyahoga County.                           Emerg; April 3,
                                                1978, Reg;
                                                December 3,
                                                2010, Susp..
    Glenwillow, Village of,            390735  March 14, 1978,    ......do..............   do.
     Cuyahoga County.                           Emerg; February
                                                18, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Highland Heights, City of,         390110  November 10,       ......do..............   do.
     Cuyahoga County.                           1976, Emerg;
                                                June 1, 1979,
                                                Reg; December 3,
                                                2010, Susp..
    Independence, City of,             390111  July 22, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; February
                                                18, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Lakewood, City of, Cuyahoga        390112  March 30, 1973,    ......do..............   do.
     County.                                    Emerg; February
                                                1, 1978, Reg;
                                                December 3,
                                                2010, Susp..
    Lyndhurst, City of,                390113  May 1, 1975,       ......do..............   do.
     Cuyahoga County.                           Emerg; April 23,
                                                1982, Reg;
                                                December 3,
                                                2010, Susp..

    Maple Heights, City of,            390114  July 22, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; September
                                                17, 1980, Reg;
                                                December 3,
                                                2010, Susp..
    Mayfield Heights, City of,         390115  May 3, 1976,       ......do..............   do.
     Cuyahoga County.                           Emerg; June 10,
                                                1980, Reg;
                                                December 3,
                                                2010, Susp..
    Middleburg Heights, City           390117  January 20, 1975,  ......do..............   do.
     of, Cuyahoga County.                       Emerg; August
                                                17, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Moreland Hills, Village of,        390118  June 30, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; June 1,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    North Olmsted, City of,            390120  December 2, 1974,  ......do..............   do.
     Cuyahoga County.                           Emerg; September
                                                5, 1979, Reg;
                                                December 3,
                                                2010, Susp..
    Oakwood, Village of,               390122  July 3, 1975,      ......do..............   do.
     Cuyahoga County.                           Emerg; March 2,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    Olmsted Falls, City of,            390672  July 29, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; June 1,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    Orange, Village of,                390737  February 16,       ......do..............   do.
     Cuyahoga County.                           1977, Emerg;
                                                February 4,
                                                1983, Reg;
                                                December 3,
                                                2010, Susp..
    Parma Heights, City of,            390124  January 24, 1975,  ......do..............   do.
     Cuyahoga County.                           Emerg; August
                                                17, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Parma, City of, Cuyahoga           390123  April 10, 1975,    ......do..............   do.
     County.                                    Emerg; August
                                                17, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Pepper Pike, City of,              390125  January 29, 1975,  ......do..............   do.
     Cuyahoga County.                           Emerg; August
                                                17, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Richmond Heights, City of,         390126  November 13,       ......do..............   do.
     Cuyahoga County.                           1975, Emerg;
                                                January 4, 1985,
                                                Reg; December 3,
                                                2010, Susp..
    Seven Hills, City of,              390128  July 30, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; June 1,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    Shaker Heights, City of,           390129  October 28, 1975,  ......do..............   do.
     Cuyahoga County.                           Emerg; June 15,
                                                1981, Reg;
                                                December 3,
                                                2010, Susp..
    Solon, City of, Cuyahoga           390130  July 28, 1975,     ......do..............   do.
     County.                                    Emerg; February
                                                4, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    South Euclid, City of,             390131  August 5, 1974,    ......do..............   do.
     Cuyahoga County.                           Emerg; August
                                                17, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Strongsville, City of,             390132  December 13,       ......do..............   do.
     Cuyahoga County.                           1974, Emerg;
                                                January 3, 1979,
                                                Reg; December 3,
                                                2010, Susp..
    Valley View, Village of,           390134  September 26,      ......do..............   do.
     Cuyahoga County.                           1975, Emerg;
                                                February 18,
                                                1981, Reg;
                                                December 3,
                                                2010, Susp..
    Walton Hills, Village of,          390636  December 29,       ......do..............   do.
     Cuyahoga County.                           1975, Emerg;
                                                February 18,
                                                1981, Reg;
                                                December 3,
                                                2010, Susp..
    Warrensville Heights, City         390135  July 7, 1975,      ......do..............   do.
     of, Cuyahoga County.                       Emerg; August
                                                17, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Westlake, City of, Cuyahoga        390136  July 29, 1975,     ......do..............   do.
     County.                                    Emerg; January
                                                16, 1980, Reg;
                                                December 3,
                                                2010, Susp..
           Region VI

Arkansas:
    Crawford County,                   050428  June 29, 1990,     ......do..............   do.
     Unincorporated Areas.                      Emerg; August 5,
                                                1991, Reg;
                                                December 3,
                                                2010, Susp..
    Gassville, City of, Baxter         050243  January 26, 1976,  ......do..............   do.
     County.                                    Emerg; November
                                                6, 2008, Reg;
                                                December 3,
                                                2010, Susp..
    Howard County,                     050438  March 17, 1983,    ......do..............   do.
     Unincorporated Areas.                      Emerg; September
                                                30, 1988, Reg;
                                                December 3,
                                                2010, Susp..
    Mineral Springs, City of,          050349  May 30, 1975,      ......do..............   do.
     Howard County.                             Emerg; June 1,
                                                1987, Reg;
                                                December 3,
                                                2010, Susp..
    Mountain Home, City of,            050351  February 9, 1976,  ......do..............   do.
     Baxter County.                             Emerg; September
                                                16, 1982, Reg;
                                                December 3,
                                                2010, Susp..
    Norfork, City of, Baxter           050267  June 2, 1976,      ......do..............   do.
     County.                                    Emerg; July 1,
                                                1987, Reg;
                                                December 3,
                                                2010, Susp..
    Salesville, City of, Baxter        050579  August 14, 1989,   ......do..............   do.
     County.                                    Emerg; April 16,
                                                1990, Reg;
                                                December 3,
                                                2010, Susp..
New Mexico: Las Vegas, City of,        350068  August 11, 1975,   ......do..............   do.
 San Miguel County.                             Emerg; September
                                                18, 1986, Reg;
                                                December 3,
                                                2010, Susp..
Texas:
    Gonzales, City of, Gonzales        480254  August 6, 1975,    ......do..............   do.
     County.                                    Emerg; June 15,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    Gonzales County,                   480253  November 8, 1973,  ......do..............   do.
     Unincorporated Areas.                      Emerg; August
                                                15, 1978, Reg;
                                                December 3,
                                                2010, Susp..
    Nixon, City of, Gonzales           481114  March 9, 1976,     ......do..............   do.
     and Wilson Counties.                       Emerg; August
                                                26, 1977, Reg;
                                                December 3,
                                                2010, Susp..

    Waelder, City of, Gonzales         480255  June 17, 1975,     ......do..............   do.
     County.                                    Emerg; December
                                                1, 1977, Reg;
                                                December 3,
                                                2010, Susp..
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: November 16, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-29418 Filed 11-22-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Notices]
[Pages 4399-4400]
[FR Doc No: 2018-01687]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; Jaguar Land Rover North America LLC

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

ACTION: Grant of petition for exemption.

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SUMMARY: This document grants in full the Jaguar Land Rover North
America LLC's, (Jaguar Land Rover) petition for exemption of the Range
Rover Velar 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).

DATES: The exemption granted by this notice is effective beginning with
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<PHONE_NUMBER>. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In a petition dated September 29, 2017,
Jaguar Land Rover requested an exemption from the parts-marking
requirements of the Theft Prevention Standard (49 CFR part 541) for the
MY 2019 Range Rover Velar vehicle line. 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 an entire vehicle line.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant an
exemption for one vehicle line per model year. In its petition, Jaguar
Land Rover provided a detailed description and diagram of the identity,
design, and location of the components of the antitheft device for the
Velar vehicle line. Jaguar Land Rover stated that its Range Rover Velar
vehicle line will be equipped with a passive, transponder-based,
electronic engine immobilizer device as standard equipment beginning
with the 2019 model year. Key components of its antitheft device will
include a power train control module (PCM), instrument cluster, body
control module (BCM), remote frequency receiver (RFR), Immobilizer
Antenna Unit (IAU), Remote Frequency Actuator (RFA), Security Horn and
Vehicle Horn, Smart Key, Door Zone Modules (Passenger and Driver)
(DMZs) and a Security Warning LED. Jaguar Land Rover stated that its
antitheft device will also include a vehicle security system that
includes an audible and visual perimeter alarm system as standard
equipment on the entire vehicle line. Jaguar Land Rover further stated
that its perimeter alarm system can be armed with its Smart Key or
programmed to be passively armed. The horn will sound and the vehicle's
exterior lights will flash if unauthorized entry is attempted by
opening the hood, doors or luggage compartment.
    Jaguar Land Rover'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 543.6, Jaguar
Land Rover provided information on the reliability and durability of
its proposed device. To ensure reliability and durability of the
device, Jaguar Land Rover conducted tests based on its own specified
standards. Jaguar Land Rover provided a detailed list of the tests
conducted (i.e., temperature and humidity cycling, high and low
temperature cycling, mechanical shock, random vibration, thermal
stress/shock tests, material resistance tests, dry heat, dust and fluid
ingress tests). Jaguar Land Rover stated that its device is reliable
and durable because it complied with specified requirements for each
test. Additionally, Jaguar Land Rover stated that its key recognition
sequence includes over a billion code combinations with encrypted data
that are secure against duplication. Jaguar Land Rover further stated
that the coded data transfer between modules use a unique secure
identifier, and a secure public algorithm. Jaguar Land Rover also
stated that since its Velar vehicle line will utilize a push button
vehicle ignition, it does not have a conventional mechanical key
barrel, and therefore, a thief will have no means of forcibly bypassing
the key-locking system.
    Jaguar Land Rover stated that its immobilizer device is
automatically activated when the Smart Key is removed from the vehicle.
Jaguar Land Rover also stated that its Smart key is programmed and
synchronized to each vehicle through an identification key code and a
secret, randomly-generated code unique to each vehicle.
    Jaguar Land Rover stated that there are three methods of antitheft
device deactivation and engine starting. Method one consists of
automatic detection of the Smart Key via a remote frequency challenge
response sequence. Specifically, when the driver approaches the vehicle
and pulls the driver's door handle following authentication of the
correct Smart Key, the doors will unlock. When the ignition start
button is pressed, the device searches to find and authenticate the
Smart Key within the vehicle interior. If successful, this information
is passed to the BCM via the Remote Function Actuator by coded data
transfer. The BCM, will pass the ``valid key'' status to the instrument
cluster, via a coded data transfer and then send the key valid message
code to the PCM initiating a coded data transfer and engine
authorization to start. Method two consists of unlocking the vehicle
with the Smart Key unlock button. As the driver approaches the vehicle,
the Smart Key unlock button is pressed and the doors will unlock. Once
the driver presses the ignition start button, the operation process is
the same as method one. Method three involves using the emergency key
blade. If the Smart Key has a discharged battery or is damaged, there
is an emergency key blade that can be removed from the Smart Key and
used to unlock the doors. When the ignition start button is pressed,
the device searches to find and authenticate the Smart Key within the
vehicle interior. If successful, the Smart Key needs to be docked. Once
the Smart Key is docked/placed in the correct position, and the
ignition start button is pressed again, the BCM and Smart key enter a
coded data exchange via the Immobilizer Antenna Unit. The BCM then
passes the valid key status to the instrument cluster, via the
Immobilizer Antenna Unit and sends the key valid message to the PCM
which initiates a coded data transfer. If successful, the engine
starting is authorized.
    Jaguar Land Rover stated that its immobilizer is substantially
similar to the antitheft device installed on the Jaguar F-Pace, Jaguar
XJ, Jaguar F-Type, Jaguar XF, Jaguar XE, Land Rover Discovery Sport and
the Land Rover Range Rover Evoque. Jaguar Land Rover stated that based
on MY 2014 theft information published by NHTSA, the Jaguar Land Rover
vehicles equipped with immobilizers and perimeter alarm systems had a
combined theft rate of 0.31 per thousand vehicles, which is below
NHTSA's overall theft rate of 1.15 thefts per thousand. The agency
notes

the average theft rate for the Jaguar XJ, XF, F-Type and the Land Rover
Range Rover Evoque vehicle lines using an average of three model years'
data (2012-2014) are 0.6791, 0.6277, 0.7402 and 0.5418, respectively.
Jaguar Land Rover stated the low theft rates demonstrate the
effectiveness of the immobilizer device.
    Based on the supporting evidence submitted by Jaguar Land Rover on
the device, the agency has determined that the antitheft device for the
Range Rover Velar 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; attract attention to
the efforts of an unauthorized person to enter or move 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 exemption from the parts-marking requirements of part
541 either in whole or in part, 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. The agency
finds that Jaguar Land Rover has provided adequate reasons for its
belief that the antitheft device for the Range Rover Velar 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 Jaguar Land Rover provided about its device.
    For the foregoing reasons, the agency hereby grants in full Jaguar
Land Rover's petition for exemption for the Range Rover Velar vehicle
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 model year.
49 CFR part 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 Jaguar Land Rover 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 according to the requirements under 49
CFR parts 541.5 and 541.6 (marking of major component parts and
replacement parts).
    NHTSA notes that if Jaguar Land Rover 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 antitheft device on
which the line's exemption is based. Further, part 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 seeks to minimize the administrative burden that part
543.9(c)(2) could place on exempted vehicle manufacturers and itself.
The agency did not intend in drafting 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. 2018-01687 Filed 1-29-18; 8:45 am]
 BILLING CODE 4910-59-P