[Federal Register Volume 60, Number 246 (Friday, December 22, 1995)]
[Notices]
[Pages 66575-66576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31177]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard Porsche
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 Porsche Cars North
America, Inc., on behalf of Dr. Ing. h.c.F. Porsche AG, (Porsche) for
an exemption of a high-theft car line, (nameplate and model year are
confidential), from the parts-marking requirements of the Federal motor
vehicle theft prevention standard. Porsche requested and was granted on
July 14, 1995, confidential treatment for this vehicle line's
nameplate. 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
Theft Prevention Standard.
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 St, SW., Washington, D.C. 20590. Ms
Gray's telephone number is (202) 366-1740. Her fax number is (202) 493-
2739.
SUPPLEMENTAL INFORMATION: In a petition dated September 26, 1995,
Porsche Cars North America, Inc., requested on behalf of Dr. Ing.
h.c.F. Porsche AG, an exemption from the parts-marking requirements of
the Theft Prevention Standard for a motor vehicle line. The submittal
requested an exemption from the parts-marking requirements 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.
Porsche's September 26 letter and supplemental letter of October
24, together constitute 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.
In its petition, Porsche 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, a central locking system, and an
optional alarm function. The antitheft device is activated by removing
the ignition key and locking the doors with it. The optional alarm is
operated by a remote control and monitors the doors, hood, rear
decklid, glove compartment or radio contact switches and will sound
horn and lights if breached.
In order to ensure the reliability and durability of the device,
Porsche stated that it conducted tests, based on its own specified
standards. Porsche provided a listing of the tests conducted. Porsche
stated that the antitheft system also utilizes a built-in self test
which constantly checks for system failures. If a failure is detected,
the operator is signaled.
Porsche compared the device proposed for its new 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 of 49 CFR Part 541, and has concluded that the antitheft
device proposed for this new line is no less effective than those
devices.
Porsche has concluded that the antitheft device proposed for its
new line is no less effective than those devices in the lines for which
NHTSA has already granted exemptions from the parts-marking
requirements. Porsche based its belief on reduced theft rates of the
General Motors Corporation (GM) Chevrolet Camaro, Chevrolet Corvette,
and Pontiac Firebird. Porsche stated that the GM Chevrolet Camaro has
been equipped with the antitheft device since model year (MY) 1990. The
theft rate of the Camaro continues to decrease, from (MY) 1988 with a
theft rated of 25.7394 (55 FR 18794) to 2.7243 in MY 1993 (60 FR
47429). This represents a decrease of 89 percent. The Chevrolet
Corvette and Pontiac Firebird equipped with the same antitheft device,
have also shown a decrease in theft rates. Since the vehicle line that
is the subject of this petition will be equipped with a system similar
to that in the Camaro, Porsche expects that the antitheft device on the
vehicle line for which it now seeks an exemption will be as effective
as the Camaro's system in reducing and deterring theft.
Based on the evidence submitted by Porsche, the agency believes
that the antitheft device for the new Porsche 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,
preventing defeat of 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 Porsche has provided adequate reasons for
its belief that the antitheft device will reduce and deter theft. This
conclusion is based on the information Porsche provided about its
device.
For the foregoing reasons, the agency hereby grants in full
Porsche's petition for exemption for the (nameplate is confidential)
line from the parts-marking requirements of 49 CFR Part 541.
If Porsche decides not to use the exemption for this line, it must
formally notify the agency, and, thereafter, mark the line according to
the requirements of 49 CFR Parts 541.5 and 541.6.
NHTSA notes that if Porsche 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, Sec. 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
[[Page 66576]]
administrative burden which Sec. 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 with 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 19, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-31177 Filed 12-21-95; 8:45 am]
BILLING CODE 4910-59-P
