[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Notices]
[Pages 49969-49970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23989]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; Honda
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 American Honda
Motor Co., Inc., on behalf of Honda Motor Company, Ltd., (Honda) for an
exemption of a high-theft line (whose nameplate is confidential) from
the parts-marking requirements of the Federal motor vehicle theft
prevention standard. This petition is granted because the agency has
determined that the antitheft device to be placed on the
[[Page 49970]]
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., S.W., Washington, DC. 20590. Ms
Gray's telephone number is (202) 366-1740. Her fax number is (202) 493-
2739.
SUPPLEMENTARY INFORMATION: In a petition dated June 16, 1995, American
Honda Motor Co., Inc., requested on behalf of Honda Motor Co., Ltd., an
exemption from the parts-marking requirements of the Theft Prevention
Standard for a motor vehicle line. The nameplate of the line and the
model year of introduction are confidential. 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. In an August 9, 1995, telephone conversation with NHTSA
officials, Honda clarified the scope of its petition.
Honda's June 16 letter and information provided in the August 9
telephone conversation, 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 a letter dated July 11, 1995, to Honda, 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, Honda provided a detailed description and diagrams
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 removing the ignition key and locking the doors
with it. The alarm monitors the doors, hood, battery terminals and
circuitry, and engine starter circuit.
In order to ensure the reliability and durability of the device,
Honda stated that it conducted tests, based on its own specified
standards. Honda provided a detailed list of the tests conducted. Honda
stated its belief that the device is reliable and durable since the
device complied with Honda's specified requirements for each test.
Honda 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.
Honda 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. Honda bases its belief on reduced theft rates of the Saab
900 and Lexus SC car lines. Both lines had experienced theft rates
below the median theft rate (3.5826) set for Model Years (MY) 1990/
1991. Additionally, Honda stated that the Honda Acura NSX has been
equipped with an antitheft device since MY 1991. The theft rate of the
NSX continues to be below the median theft rate (3.5826). Since the
vehicle line that is the subject of this petition will be equipped with
a similar system as the NSX, Honda expects that the antitheft device on
the vehicle line for which it now seeks an exemption will also be as
effective in reducing and deterring theft.
Based on the evidence submitted by Honda, the agency believes that
the antitheft device for the new Honda 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 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. 331006 and 49 CFR 543.6(a) (4) and (5),
the agency finds that Honda has provided adequate reasons for its
belief that the antitheft device will reduce and deter theft. This
conclusion is based on the information Honda provided about its device,
much of which is confidential. This confidential information included a
description of reliability and functional tests conducted by Honda for
the antitheft device and its components.
For the foregoing reasons, the agency hereby grants in full Honda's
petition for exemption for the line from the parts-marking requirements
of 49 CFR part 541.
If Honda 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 541.5 and
541.6 (marking of major component parts and replacement parts).
NHTSA notes that if Honda 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 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: September 22, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-23989 Filed 9-26-95; 8:45 am]
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