[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Notices]
[Pages 66341-66342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31117]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; Volkswagen
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 Volkswagen of
America, Inc., (Volkswagen) for an exemption from the parts-marking
requirements of the Federal Motor Vehicle Theft Prevention Standard for
the Model Year (MY) 1997 Passat car line. 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 theft as compliance with the parts-
marking requirements of the Theft Prevention Standard.
DATES: The exemption granted by this notice is effective beginning with
the 1997 model year.
FOR FURTHER INFORMATION CONTACT: Ms. Barbara Gray, Office of Market
Incentives, NHTSA, 400 Seventh Street, S.W., Washington, DC 20590. Ms.
Gray's telephone number is (202) 366-1740. Her fax number is (202) 493-
2739.
SUPPLEMENTARY INFORMATION: On September 1, 1995, Volkswagen of America,
Inc., (Volkswagen), submitted a petition for exemption from the parts-
marking requirements of the Theft Prevention Standard (49 CFR Part 541)
for the Passat car line. The petition is pursuant to 49 CFR Part 543,
Exemption from Vehicle Theft Prevention Standard, based on the
installation of an antitheft device as standard equipment for the
entire line.
Volkswagen's submittal is considered a complete petition, as
required by 49 CFR Part 543.7, in that it met the general requirements
contained in Sec. 543.5 and the specific content requirements of
Sec. 543.6. Volkswagen requested confidential treatment for some of the
information and attachments submitted in support of its petition,
including the date of production for the Passat car line. In a letter
to Volkswagen dated October 2, 1995, the agency granted the
petitioner's request for confidential treatment.
In its petition, Volkswagen 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 feature and an alarm function. The antitheft
device is activated by removing the ignition key and locking either of
the front doors with it. The alarm monitors the doors, hood, trunk and
radio.
In order to ensure reliability and durability of the device,
Volkswagen stated that it conducted tests based on its own specified
standards. Volkswagen provided the test reports for its proposed
antitheft device, which is essentially the same as that currently
installed on the MY 1994 Volkswagen Corrado, showing that the
reliability and durability of the device complied with specified
performance requirements for each test. Volkswagen stated that the
device complied with its standards for durability, electrical and
electronic operating requirements, thermal and mechanical shock
resistance and electromagnetic compatibility.
Volkswagen compared the device proposed for the Passat car line
with devices which NHTSA has determined to be as effective in reducing
and deterring motor vehicle theft as would compliance with the parts-
marking requirements. Volkswagen stated that antitheft devices such as
that proposed for its line and those already granted exemptions from
the parts-marking requirements have been found effective in reducing
motor vehicle theft. Specifically, Volkswagen based its belief on
reduced theft rates for comparable lines such as the Mitsubishi
Diamante, the Toyota Cressida, the Nissan Maxima, the Toyota Supra, the
Nissan 300ZX, the Mazda RX-7, and the Audi 5000. Additionally,
Volkswagen stated that the Passat car line experienced theft rates
below the median theft rate (3.5826) for MYs 1990/1991 and 1992.
Volkswagen believes that the low-theft ratings for those years may be
attributable to the installation of an antitheft device as standard
equipment on the line beginning with the 1991 model year. Volkswagen
stated that it believes the theft rating for the MY 1997 Passat car
line with the installation of the antitheft device described in its
petition will also be below the 3.5826 median theft rate.
Based on evidence submitted by Volkswagen, the agency believes that
the antitheft device for the MY 1997 Volkswagen Passat 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).
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 Volkswagen has provided adequate reasons for its
belief that the antitheft device will reduce and deter theft. This
conclusion is based on the information Volkswagen provided about its
device. This confidential information included a description of
reliability and functional tests conducted by Volkswagen for the
antitheft device and its components.
For the foregoing reasons, the agency hereby grants in full
Volkswagen's petition for exemption for the MY 1997 Passat car line
from the parts-marking requirements of 49 CFR Part 541.
If Volkswagen decides not to use the exemption for this line, it
must formally notify the agency, and, thereafter, the line must be
fully marked as required by 49 CFR Parts 541.5 and 541.6 (marking of
major component parts and replacement parts).
NHTSA notes that if Volkswagen wishes in the future to modify the
device on which this exemption is based, the company may have to submit
[[Page 66342]]
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 18, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-31117 Filed 12-20-95; 8:45 am]
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