[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Notices]
[Pages 63567-63568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30101]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; Jaguar
AGENCY: National Highway Traffic Safety Administration (NHTSA)
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
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SUMMARY: This notice grants in full the petition of Jaguar Cars Limited
(Jaguar) for an exemption of a high-theft line (whose nameplate is
confidential) from the parts-marking requirements of the 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.
DATES: The exemption granted by this notice is effective beginning with
the (confidential) model year.
FOR FURTHER INFORMATION CONTACT: Ms Barbara Gray, Office of Market
Incentives, NHTSA, 400 Seventh Street, S.W., Washington, D.C. 20590. Ms
Gray's telephone number is (202) 366-1740. Her fax number is (202) 493-
2739.
SUPPLEMENTARY INFORMATION: On July 31, 1995, Jaguar Cars, on behalf of
Jaguar Cars Limited, submitted to NHTSA a petition for exemption from
the parts-marking requirements of the theft prevention standard (49 CFR
Part 541) for a motor vehicle line. The nameplate of the line and the
model year of introduction are confidential. The petition has been
filed 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.
Jaguar's submittal is considered a complete petition, as required
by 49 CFR Part 543.7, in that it meets the general requirements
contained in Sec. 543.5 and the specific content requirements of
Sec. 543.6. In a letter to Jaguar dated August 18, 1995, the agency
granted the petitioner's request for confidential treatment of most
aspects of its petition, including the nameplate of the line and the
model year of its introduction.
In its petition, Jaguar provided a detailed description and diagram
of the identity, design, and location of the components of the
antitheft device for the new line. This antitheft device includes an
engine starter interrupt function and an alarm function. The antitheft
device is activated by operating a radio frequency (``RF'') transmitter
or by removing the ignition key and locking the doors with it.
In order to ensure reliability and durability of the device, Jaguar
stated that it conducted tests for performance under conditions of
vibration, humidity, and temperature extremes, as well as for
endurance, flammability, resistance to fluids, thermal shock, RFC and
EMC, and overall performance. Jaguar stated its belief that the device
is reliable and durable since the device complied with Jaguar's
specified requirements for each test.
Jaguar also compared the device proposed for its new line with
devices which NHTSA has previously determined to be as effective in
reducing and deterring motor vehicle theft as would compliance with the
parts-marking requirements of Part 541, and has concluded that the
antitheft device proposed for this new line is no less effective than
those devices in the lines for which NHTSA has already granted
exemptions from the parts-marking requirements.
Jaguar bases its belief on the ease of use of the antitheft system
it is proposing for the new car line. In addition, it points out that
other Jaguar models, which are all parts-marked, all have theft rates
below the median theft rate according to NHTSA's vehicle theft data
published on November 29, 1994 (59 FR 61023). Other aspects of the
system cited by Jaguar as reasons why it should be as effective as
parts-marking are the shielding of the driver's door lock barrel to
prevent opening by ``Slim-Jims'' and other tools; the location of the
hood latch control; location of the battery, which is protected by the
security system; the capability of the alarm to function when the
battery has been reconnected after having been disconnected; and a
flashing LED and warning labels that advise unauthorized persons that
the vehicle is protected by a security system. Jaguar believes that the
theft rate for this vehicle line equipped with this antitheft device as
standard equipment will be below the most recent median theft rate of
3.5826 published by NHTSA.
Based on evidence submitted by Jaguar, the agency believes that the
antitheft device for the new Jaguar 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 standards (49 CFR
Part 541).
The agency believes that the device will provide the types of
performance listed in 49 CFR Part 543.6(a)(3): Promoting activation;
attracting attention to unauthorized entries; 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.
As required by 49 U.S.C. 33106 and 49 CFR Part 543.6(a)(4) and (5),
the agency finds that Jaguar has provided adequate reasons for its
belief that the antitheft device will reduce and deter theft. This
conclusion is based on the information Jaguar provided about its
device, much of which is confidential. This confidential information
included a description of reliability and functional tests conducted by
Jaguar for the antitheft device and its components.
For the foregoing reasons, the agency hereby grants in full
Jaguar's petition for exemption for vehicle line (confidential) from
the parts-marking requirements of 49 CFR Part 541.
If Jaguar decides not to use the exemption for this line, it should
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).
[[Page 63568]]
NHTSA notes that if Jaguar 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 wishes to minimize the administrative
burden with 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.
Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR
1.50.
Issued on: December 6, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-30101 Filed 12-8-95; 8:45 am]
BILLING CODE 4910-59-P
