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17752 Federal Register / Vol. 71, No.

67 / Friday, April 7, 2006 / Rules and Regulations

* * * * * SUPPLEMENTARY INFORMATION: without shifting the transmission lever

[FR Doc. 06–3355 Filed 4–6–06; 8:45 am] Table of Contents
because the vehicle has become
BILLING CODE 6560–50–P disabled.3
I. Background While FMVSS No. 114 evolved to
II. Recent Letters of Interpretation Regarding address not only theft protection, but
FMVSS No. 114
also accidental rollaway prevention, the
IV. Summary of the NPRM terminology used in the regulatory text
National Highway Traffic Safety V. Comments on the NPRM and the Agency’s has remained unchanged since its
Administration Response introduction more than 35 years ago.
VI. Rulemaking Analyses and Notices However, theft protection technology
49 CFR Part 571 A. Executive Order 12866 and DOT has advanced considerably during that
Regulatory Policies and Procedures time. As a result, certain provisions of
[Docket No. NHTSA–2005–22093] B. Executive Order 13132 (Federalism) the Standard have become increasingly
C. Executive Order 13045 ambiguous when applied to modern
RIN 2127–AJ31
D. Civil Justice Reform theft protection technology not
E. Regulatory Flexibility Act
Federal Motor Vehicle Safety F. Paperwork Reduction Act
contemplated by the Standard when it
Standards; Theft Protection G. National Technology Transfer and first went into effect.
Advancement Act For example, a number of vehicles
AGENCY: National Highway Traffic now feature electronic systems.
Safety Administration (NHTSA), H. Unfunded Mandates Reform Act
I. Regulation Identifier Number (RIN) Typically, this involves a card or a
Department of Transportation. J. Privacy Act similar device that is carried in an
ACTION: Final rule. K. National Environmental Policy Act occupant’s pocket or purse. The card
L. Vehicle Safety Act carries an electronic code that acts as
SUMMARY: Our safety standard on theft
I. Background the key when it is transmitted to the
protection specifies vehicle performance
vehicle’s onboard locking system. The
requirements intended to reduce the FMVSS No. 114, Theft protection, vehicle has a sensor that automatically
incidence of crashes resulting from theft specifies vehicle performance unlocks the door and allows the vehicle
and accidental rollaway of motor requirements intended to reduce the operator to activate the engine, when it
vehicles. As a result of technological incidence of crashes resulting from theft receives the code. The code-carrying
advances in the area of theft protection, and accidental rollaway of motor device (i.e., card or otherwise) never has
the terminology used in the regulatory vehicles. The standard applies to all to leave the vehicle operator’s pocket or
text of the Standard has become passenger cars, and to trucks and purse and is not inserted into the
outdated and confusing with respect to multipurpose passenger vehicles with a ignition module.
key-locking systems that employ GVWR of 4536 kilograms (10,000 In response to manufacturers’
electronic codes to lock and unlock the pounds) or less. The standard first requests, NHTSA issued a series of
vehicle, and to enable engine activation. became effective on January 1, 1970.1 interpretation letters explaining how the
This final rule amends and reorganizes The purpose of the standard was to Standard applied to various key-locking
the regulatory text of the Standard so prevent crashes caused by unauthorized systems that did not utilize
that it better correlates to modern theft use of unattended motor vehicles. Thus, conventional keys, but instead relied on
protection technology and reflects the the standard sought to ensure that the electronic codes to lock and unlock the
agency’s interpretation of the existing vehicle could not be easily operated vehicle, and to enable engine activation.
requirements. The new language does without the key, and that the vehicle
not impose any new substantive II. Recent Letters of Interpretation
operator would not forget to remove the
requirements on vehicle manufacturers. Regarding FMVSS No. 114
key from the ignition system upon
DATES: This rule becomes effective exiting the vehicle. As noted above, the agency has
September 1, 2007. Early voluntary In response to the problem of received several requests for legal
compliance is permitted. accidental rollaway crashes resulting interpretation of the requirements of
Petitions: Petitions for reconsideration from children inadvertently moving the FMVSS No. 114, as they apply to key-
of the final rule must be received not automatic transmission lever to a locking systems using various remote
later than May 22, 2006, and should neutral position when a stationary access devices. In response, the agency
refer to this docket and the notice vehicle is parked on a slope, NHTSA has stated that the electronic code
number of this document and be later amended FMVSS No. 114 to transmitted from a remote device to the
submitted to: Administrator, National require that the automatic transmission vehicle can be considered a ‘‘key’’ for
Highway Traffic Safety Administration, lever be locked in the ‘‘park’’ position the purposes of FMVSS No. 114.4 We
400 7th Street, SW., Room 5220, before the key can be removed from the have also elaborated on how other
Washington, DC 20590. ignition system.2 Subsequently, NHTSA provisions of the standard apply to
FOR FURTHER INFORMATION CONTACT: For amended these new requirements to electronic codes. For example, the
technical issues: Ms. Gayle Dalrymple, permit an override device that would agency stated that the narrow provisions
Office of Crash Avoidance Standards, enable the vehicle operator to remove related to electrical failure do not apply
NVS–123, NHTSA, 400 7th Street, SW., the key without the transmission being to electronically coded cards or other
Washington, DC 20590. Telephone: locked in ‘‘park,’’ and to move the means used to enter an electronic key
(202) 366–5559. E-Mail: transmission lever without using the code into the locking system because key, under certain circumstances. The those provisions were specifically
For legal issues: Mr. George Feygin, purpose of these override provisions crafted in the context of traditional
Office of the Chief Counsel, NCC–112,
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was to address certain situations when 3 See

NHTSA, 400 7th Street, SW., 56 FR 12464 (March 26, 1991).
it may be necessary to remove the key 4 See
Washington, DC 20590. Telephone: interps/files/GF001689.html and http://
(202) 366–5834. E-Mail: 1 See 33 FR 6471 (April 24, 1968). 2 See 55 FR 21868, (May 30, 1990). 7044.html.

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Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations 17753

keys.5 We also explained that systems technology and reflects the agency’s 5. We proposed to amend the override
using an electronic code instead of interpretation of the existing provisions of the current S4.2.2 to allow
conventional key would satisfy the requirements. That proposal was manufacturers greater flexibility in
rollaway prevention provisions if the published on August 17, 2005 and is designing their override devices and to
code remained in the vehicle until the discussed in further detail below.7 allow manufacturers the choice to use
transmission gear is locked in the electronic theft prevention devices, such
IV. Summary of the NPRM
‘‘park’’ position. as immobilizers, instead of using
We have followed our interpretation In the NPRM, the agency proposed to steering locks, if they desire. The
of the definition of ‘‘key’’ in addressing reorganize the regulatory text of the current Standard allows only override
other issues related to FMVSS No. 114. Standard. For clarity, the requirements systems that prevent steering before the
However, instead of continuing to rely related to theft protection would be key can be released or the transmission
on interpretations, and possibly facing separated from the requirements lever can be shifted. The agency
additional questions in the future, the intended to prevent accidental rollaway. previously indicated that this
agency believes that it is appropriate to We also sought to clarify the regulatory requirement ensured that the theft
amend the regulatory text of FMVSS No. text in order to avoid terminology that protection aspects of the standard
114 so that it better correlates to modern was unnecessarily design-restrictive. remained intact even in certain
antitheft technology and better reflects The specifics of the proposal were as situations where the vehicle was
the agency’s interpretation of the follows: disabled.9 After further evaluating this
existing requirements. 1. We proposed to revise the aspect of our requirements, we
paragraphs explaining the Standard’s concluded that an override device that
III. VW Petition for Rulemaking scope and purpose to better reflect its would prevent forward self-mobility
In order to prevent accidental goal of reducing the incidence of (such as an immobilizer) instead of
rollaways, the Standard currently crashes resulting from theft and also steering would be just as effective. As
requires that, for vehicles with accidental rollaway of motor vehicles. explained in our September 24, 2004
automatic transmission, the This change has no substantive interpretation letter to a party who
transmission lever must be locked in significance because the Standard requested confidentiality:
‘‘park’’ before the vehicle operator could already addresses both safety concerns,
We note that in promulgating FMVSS No.
remove the key.6 However, the Standard and should not be viewed as broadening 114, the agency expressed concern about car
also allows an optional ‘‘override the scope of the current requirements. thieves who could bypass the ignition lock.
device’’ which permits removal of the 2. We proposed to revise the In response to this concern, the agency
key without the automatic transmission definition of ‘‘key’’ such that it makes it decided to require a device, which would
being locked in ‘‘park.’’ The standard appropriate not only for conventional prevent either self-mobility or steering even
currently specifies that this override keys but also electronic codes and other if the ignition lock were bypassed (see 33 FR
device ‘‘* * * must be covered by a potential means of unlocking and 4471, April 27, 1968).
non-transparent surface which, when operating the vehicle. We believe that The engine control module immobilizer
described in your letter satisfies the
installed, prevents sight of and the new definition is broad enough to
requirements of S4.2(b) because it locks out
activation of the device * * *’’ and that include not only electronic codes but the engine control module if an attempt is
‘‘* * * The covering surface shall be also other technologies, including, for made to start the vehicle without the correct
removable only by use of a screwdriver example, fingerprint recognition. key or to bypass the electronic ignition
or other tool.’’ 3. We proposed to substitute the term system. When the engine control module is
On October 29, 2002, NHTSA ‘‘gear selection control’’ for the term locked, the vehicle is not capable of forward
received a petition from VW asking the ‘‘transmission shift lever.’’ self-mobility because it is incapable of
agency to amend S4.2.2(a) by removing 4. We proposed to amend the moving forward under its own power.10
provisions related to the override device requirement that the override device Further, as explained in our May 27,
covering. VW argued that these required by S4.2.1 of the current 2003 interpretation letter to Jaguar,
provisions are unnecessarily design- Standard be covered by a non- preventing steering after a moving
restrictive. VW indicated that there are transparent surface. We proposed vehicle has experienced a complete loss
other ways to ensure that the override allowing an override device that of electrical power would not be
device is not engaged inadvertently. requires using a tool to activate the appropriate before a vehicle could be
Specifically, VW suggested that the override device while simultaneously safely stopped.11
agency allow an override device that removing the key, as an alternative to
requires using a tool to activate the covering the device. We believe that V. Comments on the NPRM and the
override device while simultaneously requiring the use of a tool in order to Agency’s Response
removing the key. activate this type of override device We received two comments in
The agency decided to grant the would involve sufficient complexity to response to the NPRM, from VW and the
petitioner’s request because we prevent possible inadvertent activation Alliance of Automobile Manufacturers
tentatively agreed that regulatory text by a child.8 (Alliance). VW generally supported the
related to the override device cover was proposal and urged the agency to
unnecessarily design-restrictive. 7 See 70 FR 48362 (August 17, 2005). ‘‘* * * publish a Final Rule enacting
8 S4.2.1 of the current Standard specifies that a
However, instead of addressing only the the amendments as soon as possible
key cannot be removed from the ignition until the
limited issues raised by VW, our NPRM transmission shift lever is locked in ‘‘park.’’
took a broader approach and proposed However, the Standard provides for an optional by use of a tool. The purpose of this requirement
to amend and reorganize the regulatory override device designed to allow (a) removal of the was to ensure that children could not easily gain
key when the transmission is not in the ‘‘park,’’ and access to the override device (see 56 FR 12464 at
text of FMVSS No. 114 so that it better 12466).
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(b) moving the transmission out of ‘‘park’’ when the

correlates to modern antitheft key is not in the ignition. The Standard requires
9 See id at 12467.
that the means for activating this device must be
5 See files/GF005229-2.html.
covered by a non-transparent surface which, when
interps/files/GF001689.html. installed, prevents sight of and activation of the 11
6 See S4.2.2(a) of FMVSS No. 114. device. This covering surface can only be removable files/GF001689.html.

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17754 Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations

with an effective date 60 days following VI. Rulemaking Analyses and Notices vehicle safety standard is in effect, a
publication of the Final Rule as State may not adopt or maintain a safety
A. Executive Order 12866 and DOT
proposed in the preamble.’’ Alliance standard applicable to the same aspect
Regulatory Policies and Procedures
strongly supported the NPRM, and of performance which is not identical to
agreed with NHTSA that the Standard This final rule was not reviewed the Federal standard, except to the
had become outdated as a result of under Executive Order 12866, extent that the state requirement
technological advances in theft ‘‘Regulatory Planning and Review.’’ The imposes a higher level of performance
protection. However, Alliance identified agency has considered the impact of this and applies only to vehicles procured
one proposed change that, it believed, proposal under the Department of for the State’s use. 49 U.S.C. 21461 sets
was inconsistent with the agency’s Transportation’s regulatory policies and forth a procedure for judicial review of
intent not to propose changes that procedures, and has determined that it final rules establishing, amending or
would impose new substantive is not significant. revoking Federal motor vehicle safety
requirements on vehicle manufacturers. This final rule amends and standards. That section does not require
reorganizes the regulatory text of 49 CFR submission of a petition for
By way of background, S4.5 of 571.114 so that it better correlates to reconsideration or other administrative
FMVSS 114 currently reads, in relevant modern theft protection technology and proceedings before parties may file suit
part, as follows: better reflects the agency’s in court.
‘‘A warning to the driver shall be activated interpretation of the existing
requirements. Additionally, this E. Regulatory Flexibility Act
whenever the key required by S4.2 has been
left in the locking system and the driver’s document makes certain provisions of The Regulatory Flexibility Act of 1980
door is opened * * *’’ [emphasis added] 49 CFR 571.114 less restrictive. Vehicle (5 U.S.C. 601 et seq.) requires agencies
manufacturers will not have to make to evaluate the potential effects of their
As the regulatory text indicates, the any changes to their vehicles as a result final rule on small businesses, small
agency does not specify the type of of this rule. The impacts of this rule are organizations and small governmental
warning that must be activated when so minor that we determined that a jurisdictions. I have considered the
the key is in the ignition, and the separate regulatory evaluation is not possible effects of this rulemaking
driver’s door is open. By contrast, the needed. action under the Regulatory Flexibility
proposed S5.1.3 specifies that a warning Act and certify that it will not have a
must be audible. Alliance argued that B. Executive Order 13132 (Federalism) significant economic impact on a
specifically requiring an audible The agency has analyzed this final substantial number of small entities.
warning will prohibit compliance via rule in accordance with the principles This final rule amends and
possible future technologies such as and criteria set forth in Executive Order reorganizes the regulatory text of 49 CFR
haptic feedback, unique visuals, etc.’’ 13132. This rule would not have 571.114 so that it better correlates to
The Alliance requested that the substantial direct effects on the States, modern theft protection technology and
requirement for an audible warning be on the relationship between the national better reflects the agency’s
deleted in the final rule. government and the States, or on the interpretation of the existing
After carefully considering the distribution of power and requirements. Vehicle manufacturers, or
comments, we decline to make the responsibilities among the various any other small businesses, will not
change requested by Alliance for the levels of government, as specified in have to make any changes to their
following reasons. First, the agency is Executive Order 13132. products as a result of this rule.
not aware of any vehicles complying C. Executive Order 13045 F. Paperwork Reduction Act
with the requirement of S4.5 in any Executive Order 13045 (62 FR 19885, Under the Paperwork Reduction Act
manner except for an audible warning. April 23, 1997) applies to any rule that: of 1995, a person is not required to
Alliance did not indicate that any of (1) is determined to be ‘‘economically respond to a collection of information
their members have vehicles currently significant’’ as defined under E.O. by a Federal agency unless the
in production that would not comply 12866, and (2) concerns an collection displays a valid OMB control
with the requirements of the proposed environmental, health or safety risk that number. This final rule does not include
regulatory text. Therefore, adopting the NHTSA has reason to believe may have any new information collection
proposed change in the regulatory text a disproportionate effect on children. If requirements.
would not require any changes in the the regulatory action meets both criteria,
current fleet. Second, we believe that G. National Technology Transfer and
we must evaluate the environmental
with respect to S4.5, the current Advancement Act
health or safety effects of the planned
regulatory text is unnecessarily broad. rule on children, and explain why the Section 12(d) of the National
This is because a warning must be planned regulation is preferable to other Technology Transfer and Advancement
sufficient to catch a driver’s attention potentially effective and reasonably Act of 1995 (NTTAA), Public Law 104–
before he or she exits the vehicle feasible alternatives considered by us. 113, section 12(d) (15 U.S.C. 272)
without the keys. For example, a visual This final rule is not subject to the directs us to use voluntary consensus
dashboard telltale might be insufficient Executive Order 13045 because it is not standards in our regulatory activities
to accomplish this goal. We believe that economically significant as defined in unless doing so would be inconsistent
it is necessary to carefully examine the E.O. 12866 and does not involve with applicable law or otherwise
alternatives to audible warnings in order decisions based on environmental, impractical. Voluntary consensus
to make sure that they are effective in safety or health risks having a standards are technical standards (e.g.,
reducing likelihood of drivers leaving disproportionate impact on children. materials specifications, test methods,
their keys in the vehicle. Finally, there sampling procedures, and business
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is nothing in the regulation to prevent D. Civil Justice Reform practices) that are developed or adopted
a manufacturer from using another type This final rule does not have any by voluntary consensus standards
of warning in addition to the required retroactive effect. Under 49 U.S.C. bodies. The NTTAA directs us to
audible warning. 21403, whenever a Federal motor provide Congress, through OMB,

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Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations 17755

explanations when we decide not to use vehicle safety, and are stated in performance will be tested to ensure
available and applicable voluntary objective terms.12 ‘‘Motor vehicle safety compliance with the standard. The
consensus standards. standard’’ means a minimum language of the standard has been
There are no available voluntary performance standard for motor vehicles modified to improve clarity or to
consensus standards that are equivalent or motor vehicle equipment.13 When incorporate existing interpretations,
to FMVSS No. 114. prescribing such standards, the again without changing the substance of
H. Unfunded Mandates Reform Act Secretary must consider all relevant, the existing requirements.
available motor vehicle safety Fourth, we believe that this final rule
Section 202 of the Unfunded information.14 The Secretary must also would meet the need for motor vehicle
Mandates Reform Act of 1995 (UMRA) consider whether a proposed standard is safety by clarifying the safety standard,
requires Federal agencies to prepare a reasonable, practicable, and appropriate thereby making it easier for regulated
written assessment of the costs, benefits for the types of motor vehicles or motor parties to comply with all applicable
and other effects of proposed or final vehicle equipment for which it is requirements.
rules that include a Federal mandate prescribed and the extent to which the Finally, we believe that this final rule
likely to result in the expenditure by standard will further the statutory is reasonable and appropriate for motor
State, local or tribal governments, in the purpose of reducing traffic accidents vehicles subject to the applicable
aggregate, or by the private sector, of and associated deaths.15 The requirements. As discussed elsewhere
more than $100 million in any one year responsibility for promulgation of in this notice, the modifications to the
($120.7 million as adjusted annually for Federal motor vehicle safety standards standard are administrative in nature.
inflation with base year of 1995). is delegated to NHTSA.16 They do not affect the substance of the
The requirements of this final rule In this final rule, the agency carefully requirements or the bases for those
will not result in costs of $120.7 million considered these statutory requirements. requirements, as articulated in earlier
or more to either State, local, or tribal First, this final rule reflects the rulemakings. Accordingly, we believe
governments, in the aggregate, or to the agency’s careful consideration and that this final rule is appropriate for
private sector. analysis of all existing regulatory vehicles that are subject to FMVSS No.
I. Regulation Identifier Number (RIN) provisions in FMVSS No. 114, as well 114 because it furthers the agency’s
as relevant letters of interpretation objective to reduce the incidence of
The Department of Transportation related to that standard. In developing crashes resulting from theft and
assigns a regulation identifier number the substantive provisions of the accidental rollaway of motor vehicles.
(RIN) to each regulatory action listed in standard over the years, the agency
the Unified Agenda of Federal List of Subjects in 49 CFR Part 571
considered all relevant, available motor
Regulations. The Regulatory Information vehicle safety information, including Motor vehicle safety, Reporting and
Service Center publishes the Unified available research, testing results, and recordkeeping requirements, Tires.
Agenda in April and October of each other information related to various ■ In consideration of the foregoing, part
year. You may use the RIN contained in technologies. This final rule amends 571 is amended as follows:
the heading at the beginning of this and reorganizes the regulatory text of
document to find this action in the FMVSS No. 114 so that it better PART 571—FEDERAL MOTOR
Unified Agenda. correlates to modern theft protection VEHICLE SAFETY STANDARDS
J. Privacy Act technology and reflects the agency’s ■ 1. The authority citation for part 571
interpretation of the existing of title 49 continues to read as follows:
Please note that anyone is able to requirements. The new language does
search the electronic form of all not impose any new substantive Authority: 49 U.S.C. 322, 2011, 30115,
comments received into any of our requirements on vehicle manufacturers.
30166 and 30177; delegation of authority at
dockets by the name of the individual 49 CFR 1.50.
Second, to ensure that the
submitting the comment (or signing the requirements of FMVSS No. 114 are ■ 2. Section 571.114 is revised to read
comment, if submitted on behalf of an practicable (as well as consistent with as follows:
association, business, labor union, etc.). our safety objectives), the agency
You may review DOT’s complete § 571.114 Standard No. 114; Theft
evaluated the cost, availability, and protection and rollaway prevention.
Privacy Act Statement in the Federal suitability of the standard’s provisions,
Register published on April 11, 2000 S1. Scope. This standard specifies
both when initially adopted and during
(Volume 65, Number 70; Pages 19477– vehicle performance requirements
subsequent amendments. As noted
78), or you may visit intended to reduce the incidence of
above, the changes resulting from this
crashes resulting from theft and
K. National Environmental Policy Act final rule are administrative in nature
accidental rollaway of motor vehicles.
and would not impact the costs and S2. Purpose. The purpose of this
NHTSA has analyzed this final rule
benefits of the standard. In sum, we standard is to decrease the likelihood
for the purposes of the National
believe that this final rule is practicable that a vehicle is stolen, or accidentally
Environmental Policy Act. The agency
and would maintain the benefits of set in motion.
has determined that implementation of
Standard No. 114. S3. Application. This standard
this action will not have any significant
Third, the regulatory text following applies to all passenger cars, and to
impact on the quality of the human
this preamble is stated in objective trucks and multipurpose passenger
terms in order to specify precisely what vehicles with a GVWR of 4,536
L. Vehicle Safety Act performance is required and how kilograms (10,000 pounds) or less.
Under 49 U.S.C. Chapter 301, Motor 12 49
However, it does not apply to walk-in
U.S.C. 30111(a).
Vehicle Safety (49 U.S.C. 30101 et seq.),
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13 49 U.S.C. 30111(a)(9).
van-type vehicles.
the Secretary of Transportation is 14 49 U.S.C. 30111(b). S4. Definitions.
responsible for prescribing motor 15 Id. Combination means a variation of the
vehicle safety standards that are 16 49 U.S.C. 105 and 322; delegation of authority key that permits the starting system of
practicable, meet the need for motor at 49 CFR 1.50. a particular vehicle to be operated.

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Key means a physical device or an S5.2.1 Except as specified in S5.2.3, removed from the starting system. This
electronic code which, when inserted the starting system required by S5.1 device must be covered by an opaque
into the starting system (by physical or must prevent key removal when tested surface which, when installed:
electronic means), enables the vehicle according to the procedures in S6, (i) Prevents sight of and use of the
operator to activate the engine or motor. unless the transmission or gear selection device, and
Open-body type vehicle means a control is locked in ‘‘park’’ or becomes (ii) Can be removed only by using a
vehicle having no occupant locked in ‘‘park’’ as a direct result of key screwdriver or other tool.
compartment doors or vehicle having removal. S5.2.5 When tested in accordance
readily detachable occupant S5.2.2 Except as specified in S5.2.4, with S6.2.2, each vehicle must not move
compartment doors. the vehicle must be designed such that more than 150 mm on a 10 percent
Starting system means the vehicle the transmission or gear selection grade when the gear selection control is
system used in conjunction with the key control cannot move from the ‘‘park’’ locked in ‘‘park.’’
to activate the engine or motor. position, unless the key is in the starting S6. Compliance test procedure for
Vehicle type, as used in S5.1.2, refers system. vehicles with transmissions with a
to passenger car, truck, or multipurpose S5.2.3 Key removal override option. ‘‘park’’ position.
passenger vehicle, as those terms are At the option of the manufacturer, the S6.1 Test conditions.
defined in 49 CFR 571.3. key may be removed from the starting S6.1.1 The vehicle shall be tested at
S5. Requirements. Each vehicle system without the transmission or gear curb weight plus 91 kg (including the
subject to this standard must meet the selection control in the ‘‘park’’ position driver).
requirements of S5.1 and S5.2. Open- under one of the following conditions: S6.1.2 Except where specified
body type vehicles are not required to (a) In the event of electrical failure, otherwise, the test surface shall be level.
comply with S5.1.3. including battery discharge, the vehicle S6.2 Test procedure.
S5.1 Theft protection. may permit key removal from the S6.2.1
S5.1.1 Each vehicle must have a starting system without the transmission (a) Activate the starting system using
starting system which, whenever the or gear selection control locked in the the key.
key is removed from the starting system ‘‘park’’ position; or (b) Move the gear selection control to
prevents: (b) Provided that steering or self- any gear selection position or any other
(a) The normal activation of the mobility is prevented, the vehicle may position where it will remain without
vehicle’s engine or motor; and have a device by which the user can assistance, including a position between
(b) Either steering, or forward self- remove the key from the starting system any detent positions, except for the
mobility, of the vehicle, or both. without the transmission or gear ‘‘park’’ position.
S5.1.2 For each vehicle type selection control locked in ‘‘park.’’ This (c) Attempt to remove the key in each
manufactured by a manufacturer, the device must require: gear selection position.
manufacturer must provide at least (i) The use of a tool, and S6.2.2
1,000 unique key combinations, or a (ii) Simultaneous activation of the (a) Drive the vehicle forward up a 10
number equal to the total number of the device and removal of the key; or percent grade and stop it with the
vehicles of that type manufactured by (c) Provided that steering or self- service brakes.
the manufacturer, whichever is less. The mobility is prevented, the vehicle may (b) Apply the parking brake (if
same combinations may be used for have a device by which the user can present).
more than one vehicle type. remove the key from the starting system (c) Move the gear selection control to
S5.1.3 Except as specified below, an without the transmission or gear ‘‘park.’’
audible warning to the vehicle operator selection control locked in ‘‘park.’’ This (d) Note the vehicle position.
must be activated whenever the key is device must be covered by an opaque (e) Release the parking brake. Release
in the starting system and the door surface which, when installed: the service brakes.
located closest to the driver’s designated (i) Prevents sight of and use of the (f) Remove the key.
seating position is opened. An audible device, and (g) Verify that the gear selection
warning to the vehicle operator need not (ii) Can be removed only by using a control or transmission is locked in
activate: screwdriver or other tool. ‘‘park.’’
(a) After the key has been inserted S5.2.4 Gear selection control (h) Verify that the vehicle, at rest, has
into the starting system, and before the override option. The vehicle may have moved no more than 150 mm from the
driver takes further action; or a device by which the user can move the position noted prior to release of the
(b) If the key is in the starting system gear selection control from ‘‘park’’ after brakes.
in a manner or position that allows the the key has been removed from the S6.2.3
engine or motor to be started or to starting system. This device must be (a) Drive the vehicle forward down a
continue operating; or operable by one of the three options 10 percent grade and stop it with the
(c) For mechanical keys and starting below: service brakes.
systems, after the key has been (a) By use of the key; or (b) Apply the parking brake (if
withdrawn to a position from which it (b) By a means other than the key, present).
may not be turned. provided steering or forward self- (c) Move the gear selection control to
S5.1.4 If a vehicle is equipped with mobility is prevented when the key is ‘‘park.’’
a transmission with a ‘‘park’’ position, removed from the starting system. Such (d) Note the vehicle position.
the means for deactivating the vehicle’s a means must require: (e) Release the parking brake. Release
engine or motor must not activate any (i) The use of a tool, and the service brakes.
device installed pursuant to S5.1.1(b), (ii) Simultaneous activation of this (f) Remove the key.
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unless the transmission is locked in the means and movement of the gear (g) Verify that the gear selection
‘‘park’’ position. selection control from ‘‘park;’’ or control or transmission is locked in
S5.2 Rollaway prevention in (c) By a means other than the key, ‘‘park.’’
vehicles equipped with transmissions provided steering or forward self- (h) Verify that the vehicle, at rest, has
with a ‘‘park’’ position. mobility is prevented when the key is moved no more than 150 mm from the

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Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Rules and Regulations 17757

position noted prior to release of the • Webform at the Federal Rulemaking completion of the Status Review
brakes. Portal: Follow the (Adams et al., 2002), we determined on
Issued: April 4, 2006. instructions at that site for submitting January 23, 2003 (68 FR 4433), that
Jacqueline Glassman, comments. green sturgeon is comprised of two
• Fax: 1–562–980–4027, Attention: DPSs that qualify as species under the
Deputy Administrator.
Melissa Neuman. ESA: (1) a northern DPS consisting of
[FR Doc. 06–3358 Filed 4–6–06; 8:45 am]
• Mail: Submit written information to populations in coastal watersheds
Chief, Protected Resources Division, northward of and including the Eel
Southwest Region, National Marine River (‘‘Northern DPS’’); and (2) a
Fisheries Service, 501 West Ocean southern DPS consisting of coastal and
Blvd., Suite 4200, Long Beach, CA Central Valley populations south of the
National Oceanic and Atmospheric 90802 4213. Eel River, with the only known
Administration Reference materials regarding this spawning population in the Sacramento
determination can be obtained via the River (‘‘Southern DPS’’). After
50 CFR Part 223 Internet at: or consideration of a variety of information
by submitting a request to the Assistant to assess risk factors, including
[Docket No. 050323081–6079–02; I.D. Regional Administrator, Protected abundance, fishing impacts, and habitat
031505C] modification, destruction, and loss, we
Resources Division, Southwest Region,
RIN 0648–AT02 NMFS, 501 West Ocean Blvd., Suite determined that neither DPS warranted
4200, Long Beach, CA 90802–4213. listing as threatened or endangered (68
Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: FR 4433). Uncertainties in the structure
and Plants: Threatened Status for Melissa Neuman, NMFS, Southwest and status of both DPSs led us to add
Southern Distinct Population Segment Region (562) 980–4115 or Lisa Manning, them to the Species of Concern List
of North American Green Sturgeon NMFS, Office of Protected Resources (formerly the candidate species list; 69
(301) 713–1401. FR 19975; April 15, 2004).
AGENCY: National Marine Fisheries On April 7, 2003, EPIC (and others)
Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: challenged our ‘‘not warranted’’ finding
Atmospheric Administration (NOAA), for green sturgeon. The U.S. District
Commerce. Court for the Northern District of
ACTION: Final rule. On June 12, 2001, we received a California issued an order on March 2,
petition from the Environmental 2004, which set aside our ‘‘not
SUMMARY: Following completion of a Protection and Information Center
comprehensive Endangered Species Act warranted’’ finding and remanded the
(EPIC), Center for Biological Diversity, matter to us for redetermination of
(ESA) Status Review and Update for the and WaterKeepers Northern California
North American green sturgeon whether green sturgeon is in danger of
requesting that we list the green extinction throughout all or a significant
(Acipenser medirostris; hereafter, sturgeon as threatened or endangered portion of its range, or is likely to
‘‘green sturgeon’’), we, NOAA’s National under the ESA and that critical habitat become so within the foreseeable future,
Marine Fisheries Service (NMFS), be designated for the species because the Court was not satisfied with
published a Proposed Rule to list the concurrently with any listing our examination of whether purported
Southern distinct population segment determination. On December 14, 2001, lost spawning habitat constituted a
(DPS) of green sturgeon as threatened on we provided notice of our 90–day significant portion of either DPS’ range.
April 6, 2005. After considering public finding that the petition presented We reestablished the BRT and asked the
comments on the Proposed Rule, we are substantial scientific information BRT to consider recent scientific and
issuing a Final Rule to list the Southern indicating that the petitioned action commercial information available
DPS as a threatened species. NMFS is may be warranted and requested regarding the biological status of green
currently considering issuance of information to assist with a Status sturgeon and to assist us in assessing the
protective regulations that may be Review to determine if green sturgeon viability of the species throughout all or
necessary and advisable to provide for warranted listing under the ESA (66 FR a significant portion of its range. We
the conservation of the species. With 64793). To assist in the Status Review, published a notice on June 18, 2004,
this document we are also soliciting we formed a Biological Review Team soliciting new information beyond that
information that may be relevant to our (BRT) comprised of scientists from our considered in the previous Status
analysis of protective regulations and to Northwest and Southwest Fisheries Review and listing determination (69 FR
the designation of critical habitat for the Science Centers and from the United 34135). Following the close of this
Southern DPS of green sturgeon. Details States Geological Survey (USGS). We public comment period on August 17,
of our analyses, their outcome, and a also requested technical information 2004, we convened the BRT to draft an
request for public comment on our and comments from state and tribal co- updated Status Review and distribute
proposals will be published in managers in California, Oregon, and the updated Status Review to co-
subsequent Federal Register notices. Washington, as well as from scientists managers (i.e., States of Washington,
DATES: This final rule is effective June and individuals having research or Oregon and California, Yurok and
6, 2006. Replies to the request for management expertise pertaining to Hoopa Tribes, U.S. Fish and Wildlife
information regarding a subsequent ESA green sturgeon from California and the Service (FWS), and the California Bay-
section 4(d) Rule and critical habitat Pacific Northwest. The BRT considered Delta Program) for their review and
designation must be received by July 5, the best available scientific and comment. This updated Status Review
2006. commercial information, including was finalized on February 22, 2005.
information presented in the petition
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ADDRESSES: You may submit In a Federal Register notice published

information by any of the following and in response to our request for on April 6, 2005 (70 FR 17386), we
methods: information concerning the status of and reaffirmed our earlier determination that
• E-Mail: efforts being made to protect the species the northern green sturgeon DPS does (66 FR 64793; December 14, 2001). After not warrant an ESA listing, but that this

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