[Federal Register Volume 64, Number 55 (Tuesday, March 23, 1999)]
[Notices]
[Pages 14044-14045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6969]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Motor Theft
Prevention Standard; NISSAN
AGENCY: National Highway Traffic Safety Administration, Department of
Transportation (DOT).
ACTION: Grant of petition for exemption.
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SUMMARY: This notice grants in full the petition of Nissan North
America, Inc. (Nissan) 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 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.
Nissan requested confidential treatment for its information and
attachments submitted in support of its petition. In a letter to Nissan
dated February 12, 1999, the agency granted the petitioner's request
for confidential treatment of most aspects of its petition.
DATES: The exemption granted by this notice is effective beginning with
the (confidential) model year.
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of
Planning and Consumer Programs, NHTSA, 400 Seventh Street, SW,
Washington DC 20590. Ms. Proctor's phone number is (202) 366-4807. Her
fax number is (202) 366-2739.
SUPPLEMENTARY INFORMATION: In a petition dated November 25, 1998,
Nissan North America, Inc. (Nissan), requested 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 petition requested an exemption from
parts marking 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 vehicle line.
Nissan's submittal is considered a complete petition, as required
by 49 CFR 543.7, in that it meets the general requirements contained in
Sec. 543.5 and the specific content requirements of Sec. 543.6. Nissan
requested confidential treatment for the information submitted in
support of its petition. In a letter dated February 12, 1999, the
agency granted the petitioner's request for confidential treatment of
most aspects of its petition.
In its petition, Nissan 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-immobilizer system. The antitheft device is activated by turning
the ignition switch to the ``OFF'' position using the proper ignition
key.
In order to ensure the reliability and durability of the device,
Nissan conducted tests based on its own specified standards. Nissan
provided a detailed list of tests conducted and believes that its
device is reliable and durable since the device complied with its
specified requirements for each test.
Nissan compared the device proposed for its vehicle 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. Nissan stated that its proposed device, as well
as other comparable devices that have received full exemptions from the
parts-marking requirements, lack an audible and visible alarm.
Therefore, these devices cannot perform one of the functions listed in
49 CFR 542.6(a)(3), that is, to call attention to unauthorized attempts
to enter or move the vehicle. However, theft data have indicated a
decline in theft rates for vehicle lines that have been equipped with
antitheft devices similar to that which Nissan proposes. In these
instances, the agency has concluded that the lack of a visual or
audible alarm has not prevented these antitheft devices from being
effective protection against theft.
On the basis of this comparison, Nissan has concluded that the
antitheft device proposed for its vehicle line is no less effective
than those devices in the lines for which NHTSA has already granted
full exemption from the parts-marking requirements.
Based on the evidence submitted by Nissan, the agency believes that
the antitheft device for the Nissan vehicle 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 concludes that the device will provide four of the five
types of performance listed in Sec. 543.6(a)(3): Promoting activation;
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 543.6(a)(4) and (5), the
agency finds that Nissan has provided adequate reasons for its belief
that the antitheft device will reduce and deter theft. This conclusion
is based on the information Nissan provided about its device, much of
which is confidential. This confidential information included a
description of reliability and functional tests conducted by Nissan for
the anti-theft device and its components.
For the foregoing reasons, the agency hereby grants in full
Nissan's petition for exemption for the vehicle line from the parts-
marking requirements of 49 CFR part 541. The agency notes that 49 CFR
part 541, Appendix A-1, identifies those lines that are exempted from
the Theft Prevention Standard for a given model year. Advanced listing,
including the release of future product nameplates, is necessary in
order to notify law enforcement agencies of new models exempted from
the parts-marking requirements of the Theft Prevention Standard.
Therefore, since Nissan has been granted confidential treatment for its
vehicle line, the confidential status of the vehicle line will be
protected until the introduction of its vehicle line into the market
place. At that time, Appendix A-1 will be revised to reflect the
nameplate of Nissan's exempted vehicle line.
If Nissan 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 Nissan 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. Section 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
[[Page 14045]]
from the one specified in that exemption.''
The agency wishes to minimize the administrative burden that
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: March 16, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-6969 Filed 3-22-99; 8:45 am]
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