[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Notices]
[Pages 19984-19986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9885]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petitions for Modification of Exemptions From the Vehicle Theft
Protection Standard; Saab Cars USA, Inc.
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Grant of petitions for modification of exemptions from vehicle
theft protection standard.
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SUMMARY: On September 8 and September 12, 1994, Saab Cars, USA, Inc.
(``Saab'') filed petitions with the National Highway Traffic Safety
Adminsitration (``NHTSA'') asking for modification to agency-approved
exemptions from the vehicle theft protection standard for its model
years (MY) 1995-1997 900 and 9000 car lines. NHTSA is granting Saab's
petitions for modification of its exemption from the parts-marking
requirement of the vehicle theft prevention standard for the MY 1995-
1997 900 and 9000 car lines because it has determined, based on
substantial evidence, that the antitheft devices described in Saab's
petition to be placed on the car lines as standard equipment, are
likely to be as effective in reducing and deterring motor vehicle
[[Page 19985]] theft as compliance with parts-marking requirements.
DATES: The exemptions granted by this notice are effective for MY 1995
and thereafter.
FOR FURTHER INFORMATION CONTACT: Ms. Barbara A. Gray, Office of Market
Incentives, NHTSA, 400 Seventh Street, S.W., Washington, D.C. 20590.
Ms. Gray's telephone number is (202) 366-1740.
SUPPLEMENTARY INFORMATION: On June 1, 1988, NHTSA published in the
Federal Register a notice granting a petition from Saab Cars USA, Inc.
(Saab) for an exemption from the parts-marking requirements of the
vehicle theft prevention standard for the Saab 9000 car line beginning
with MY 1989. (See 53 FR 20061, June 1, 1988.) On July 26, 1993, the
agency published a Federal Register notice granting a petition from
Saab for an exemption from the parts-marking requirement of the vehicle
theft protection standard beginning with MY 1994 for a car line whose
nameplate was at that time confidential. (See 58 FR 39853, July 26,
1993.) With the beginning of production in MY 1994, the identity of
that car line, the Saab 900, became publicly available. The agency
determined that the antitheft devices, which Saab intends to install on
the two car lines as standard equipment was likely to be as effective
in reducing and deterring motor vehicle theft as would compliance with
the parts-marking requirements of the theft prevention standard.
Saab submitted petitions for modification of those previously
approved antitheft systems, dated September 8, 1994, and September 12,
1994, for the MYs 1995 through 1997 Saab 900 and 9000 car lines,
respectively. This notice responds to both of those petitions.
These petitions contained detailed descriptions of the identity,
design, and location of the components of the antitheft systems,
including diagrams of the components and their location in each
vehicle. Saab stated that the modified antitheft systems have been
enhanced to incorporate a glass- breakage sensor; a remote transmitter
which arms, locks, unlocks, and disarms the systems; and an ignition-
fuel disengagement feature.
The functions of the existing systems have been modified by adding
three components: (1) A radio frequency remote transmitter; (2) a
separate glass breakage sensor for the windows (excluding the Saab 900
convertible models); (3) an ignition and fuel-cutoff feature to
supplement the starter disengagement feature. Presently, the operator
may activate these systems by using the key. This function has been
extended to incorporate the use of a remote transmitter. Saab stated
that the transmitter uses radio frequencies and rolling security codes.
Thus, each time the driver uses the remote transmitter, a different
code is set, making it virtually impossible to circumvent. The
transmitter also has a small LED indicator beside each button of the
transmitter to show battery charge. On the Saab 9000, locking of either
front door with the key or the remote transmitter will automatically
lock all vehicle doors and the hatch/trunk lid, and arm the starter
interrupt, fuel pump, and ignition system relays. On the 900 activation
of the system can only be accomplished by using the remote. The
ignition key will only lock the doors. Furthermore, Saab stated, in a
telephone call, that use of the key or the remote transmitter to lock
the doors will protect all windows (except on the Saab 900 convertible)
from unauthorized entry.
Once the systems are armed, unauthorized entry or breach of the
protected areas will trigger the antitheft system. In addition to
activating the audible alarm, flashing lights and starter interrupt,
arming the new system causes the fuel and ignition systems to be
disabled for 30 minutes. If the alarm is disarmed within a 30 to 300
second period, the alarm will be interrupted and the turn signals will
stop. However, if another attempted unauthorized entry is made during
that time, the system will reset itself for another 30-minute period.
Saab has added a glass breakage sensor (except on the Saab 900
convertible), which will further attract attention to unauthorized
entry attempts. There is an LED display on the dashboard that indicates
the various states of alarm.
Saab has customized some features of the alarm system, giving
customers the ability to configure the system to automatic arming
whenever the ignition is turned off, to change the type of confirmation
signal when the alarm is armed/disarmed, or to select among different
responses when the alarm is triggered.
To prevent defeat of these system, all system components will be
inaccessibly located and be monitored by the antitheft system for
unauthorized tampering. In addition, all door lock mechanisms are
covered and recessed inside the door, making it very difficult for an
unauthorized person to unlock the doors using an instrument that slides
between the window and the outer door. The interior door lock plungers
are designed so that they cannot be snagged with a wire inserted
between the weatherstripping and the window glass. Because the latch
mechanism will be located in the door, it will be more difficult to
unlatch the door by sliding an instrument between the door and the B-
or C-pillar. In the event that there is unauthorized entry without a
key despite activation of the visual and audible alarm features, the
fuel, ignition and starter disengagement features will be activated,
preventing operation of the vehicle.
Saab also stated that the keylocks on the 900 and 9000 are unique
to Saab and almost impossible to pick; and it would be extremely
difficult to duplicate the keys on either vehicle. Special key-cutting
equipment and blanks are needed to duplicate the keys. In addition,
access to codes and key blanks is made more difficult by the fact that
they are protected within the Saab dealer and corporate network.
Saab addressed the reliability and durability of its antitheft
device by providing a list of specific testing programs that validate
the system's integrity. The examinations included testing for
electrical strength, electromagnetic compatibility, radiated
interference susceptibility, conduction emissions/audio frequency,
disturbance (supply lines), transient emissions, radiated emissions/
radio-frequency disturbance (vehicle level), mechanical vibration,
random and cycled temperature, durability life cycle, mechanical shock,
ambient temperature extremes, corrosion resistance, dust and small
particle exposure, salt spray and low air pressure.
In addition, Saab stated that its antitheft systems are protected
against false activation caused by sound wave vibration, air
turbulence, and temperature or light changes. They are also equipped
with a self-diagnosis system which monitors proper functioning of the
system each time it is armed. If the system detects failure, a fault
code is stored, and the LED will blink for ten seconds after the arming
of the alarm (rather than remaining steadily lit for ten seconds) as
long as the code is left in memory.
In discussing why it believes these antitheft devices will be
effective in reducing and deterring motor vehicle theft, Saab said that
the modified systems will add features to already effective antitheft
systems. Saab based its contention in part on NHTSA's preliminary MY
1992 theft data, which shows that the Saab 9000 car line equipped with
the system for which it was previously granted an exemption has a theft
rate of .4695, ranking it 195th out of 215 vehicle lines. Saab also
based its contention on Highway Loss Data [[Page 19986]] Institute
(HLDI) results for MYs 1991-1993. Based on that data, the Saab 9000 had
a relative theft rate of 57, compared with an average rate for mid-size
luxury models of 94. This included the following specific vehicle theft
rate numbers: Buick Riviera--114; Volvo 940/960--68; Infiniti J30--71;
Mercedes 190E--121; BMW 318i/325i--126; and the BMW 525i/535i--112.
Saab contends that its system for the 900 line is effective at
reducing theft based on the HLDI data for 1991-1993. That data
indicated that for the Saab 900 convertible, which used an antitheft
system that was activated by a remote transmitter but lacked the
immobilization feature of the modified system, the relative theft rate
was 128 as compared to 140 for all cars in the ``small sports model
category.'' Comparable models were the Chevrolet Corvette convertible,
the Mazda Miata convertible, and the Mercury Capri convertible. Saab
also stated that the preliminary NHTSA theft data for MY 1992 showed
that the rate for the Saab 900 line was 1.7442, well below the median.
Saab said that it expects the rate for the MYs 1995-1996 900 line will
be below this low rate, and close to the 9000's rate of .4695.
Saab states that it believes that the antitheft systems to be
installed on the 9000 and 900 car lines will be more effective than
parts marking in reducing and deterring motor vehicle theft because the
existing system already comply with all of the criteria of
Sec. 543.6(a)(3), the new modifications are designed to improve the
current systems, and Saab now uses visible antitheft system window
warning labels.
NHTSA believes that there is substantial evidence indicating that
the modified antitheft systems planned to be installed as standard
equipment on the MY 1995 Saab 900 and 9000 car lines will likely be as
effective in reducing and deterring motor vehicle theft as compliance
with the requirements of the theft prevention standard (49 CFR part
541). This determination is based on the information that Saab
submitted with its petitions and on other available information. The
agency believes that the modified device will continue to provide the
types of performance listed in section 543.6(a)(3): Promoting
activation, attracting attention to unauthorized entries, preventing
defeat or circumventing 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 CFR 543.6(a)(4), the agency also finds that Saab
has provided adequate reasons for its belief that the modified
antitheft device will reduce and deter theft. This conclusion is based
on the information Saab provided on its devices. This information
included a description of reliability and functional tests conducted by
Saab for the antitheft device and its components.
49 CFR section 543.9(h)(2)(ii) permits the agency to establish an
effective date for the modification of the exemptions earlier than
``the model year following the model year in which NHTSA issued the
modification decision'' upon a showing of good cause by the
manufacturer that an earlier effective date for modifying its exemption
is consistent with the public interest and purposes of 49 U.S.C.
section 33106. Saab's petitions sought a 1995 model year effective date
for the modification of its exemption, which is earlier than the model
year following the one in which its petition is granted. Making the
modification of Saab's antitheft systems effective beginning with MY
1995 are in the public interest since it would permit expeditious
manufacture and sale of vehicles with the modified antitheft systems as
standard equipment. Saab cited the 1992 theft data published by NHTSA
in the Federal Register showing that the Saab 9000 line had a theft
rate of .4695 and for the 900 the rate was 1.7442, well below the
median theft rate. Saab stated its belief that the antitheft device
proposed for the MY 1995 900, which is essentially the same device,
will continue to have a theft rate well below the median. NHTSA finds
that this constitutes a showing of ``good cause'' and that making the
modification of Saab's petition effective beginning with MY 1995 is
consistent with the public interest and 49 U.S.C. 33106.
For the foregoing reasons, the agency hereby exempts the Saab 900
and 9000 car lines that are the subject of this notice, in whole, from
the requirements of 49 CFR part 541 for MYs 1995 through 1997.
If, in the future, Saab decides not to use the exemptions for a car
lines that are the subject of this notice, it should formally notify
the agency. If such a decision is made, the car lines must be fully
marked according to the requirements under 49 CFR 541.5 and 541.6
(marking of major component parts and replacement parts).
The agency notes that the limited and apparently conflicting data
on the effectiveness of the pre-standard parts marking programs
continue to make it difficult to compare the effectiveness of an
antitheft device with the effectiveness of compliance with the theft
prevention standard. The statute clearly invites such a comparison,
which the agency has made on the basis of the limited data available.
With implementation of the requirements of the ``Anti Car Theft Act of
1992,'' NHTSA anticipates more probative data upon which comparisons
may be made.
NHTSA notes also that if Saab wishes in the future to modify the
device on which these exemptions are based, the company may have to
submit a petition to modify the exemptions. 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 ``(t)o modify an exemption to permit
the use of an antitheft device similar to but differing from the one
specified in that exemption.''
However, the agency wishes to minimize the 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 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: April 14, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-9885 Filed 4-20-95; 8:45 am]
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