[Federal Register Volume 66, Number 206 (Wednesday, October 24, 2001)]
[Notices]
[Pages 53830-53832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26811]
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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 document grants in full the petition of Nissan North
America, Inc., (Nissan) for an exemption of a high-theft line
(codenamed ``Model M'') 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. The agency will
address Nissan's request for confidential treatment in a separate
letter.
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) 366-0846. Her
fax number is (202) 493-2290.
[[Page 53831]]
SUPPLEMENTARY INFORMATION: In a petition dated June 21, 2001, 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 543, Exemption from Vehicle Theft
Prevention Standard, based on the installation of an antitheft device
as standard equipment for the entire vehicle line.
Based on the evidence submitted by Nissan, the agency believes that
the antitheft device for the Nissan ``Model M'' 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).
Section 33106(b)(2)(D) of title 49, United States Code, authorized
the Secretary of Transportation to grant an exemption from the parts-
marking requirements for not more than one additional line of a
manufacturer for MYs 1997-2000. However, it does not address the
contingency of what to do after model year 2000 in the absence of a
decision under Section 33103(d). 49 U.S.C. 33103(d)(3) states that the
number of lines for which the agency can grant an exemption is to be
decided after the Attorney General completes a review of the
effectiveness of antitheft devices and finds that antitheft devices are
an effective substitute for parts-marking. The Attorney General has not
yet made a finding and has not decided the number of lines, if any, for
which the agency will be authorized to grant an exemption. Upon
consultation with the Department of Justice, we determined that the
appropriate reading of Section 33103(d) is that the National Highway
Traffic Safety Administration (NHTSA) may continue to grant parts-
marking exemptions for not more than one additional model line each
year, as specified for model years 1997-2000 by 49 U.S.C.
33106(b)(2)(C). This is the level contemplated by the Act for the
period before the Attorney General's decision. The final decision on
whether to continue granting exemptions will be made by the Attorney
General at the conclusion of the review pursuant to Section
330103(d)(3).
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. The agency will address Nissan's request for
confidential treatment in a separate letter.
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 and alarm system. The antitheft device is a passive
system, and 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 is
functionally equivalent to the systems used in previous vehicle lines
which were deemed effective and granted exemptions from the parts-
marking requirements of the theft prevention standard. Additionally,
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 to install on the new line.
On the basis of this comparison, Nissan has concluded that the
proposed antitheft device is no less effective than those devices
installed on 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 541).
The agency concludes that the device will provide five of the types
of performance listed in Sec. 543.6(a)(3): Promoting activation;
attracting attention to the efforts of unauthorized persons; 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 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 antitheft device and its components.
For the foregoing reasons, the agency hereby grants in full
Nissan's petition for exemption for its 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 parts 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. 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 that 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
[[Page 53832]]
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: October 18, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-26811 Filed 10-23-01; 8:45 am]
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