[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Notices]
[Pages 18164-18166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8763]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Protection
Standard; Volkswagen of America, Inc.
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Grant of petition for exemption.
-----------------------------------------------------------------------
SUMMARY: This notice grants in full the petition of Volkswagen of
America, Inc. (VW) for an exemption from the parts-marking requirements
of the vehicle theft protection standard for a high-theft car line
whose nameplate and effective model year is confidential. This petition
is granted because the agency has determined that the antitheft device
to be placed on the car line as standard [[Page 18165]] equipment is
likely to be as effective in reducing and deterring motor vehicle theft
as compliance with the parts-marking requirements.
DATES: The exemption granted by this notice is effective beginning with
(confidential) model year.
FOR FURTHER INFORMATION CONTACT: Ms. Barbara A. Gray, Office of Market
Incentives, NHTSA, 400 Seventh Street, SW, Washington, DC 20590. Ms.
Gray's telephone number is (202) 366-1740.
SUPPLEMENTARY INFORMATION: On December 13, 1994, the National Highway
Traffic Safety Administration (NHTSA) received a petition dated
December 7, 1994, from Volkswagen of America, Inc. (VW) requesting an
exemption from the theft protection standard for a car line for the
(confidential) model year. The nameplate of the car line is
confidential. The petition was submitted pursuant to 49 CFR part 543,
Exemption From Vehicle Theft Protection Standard, and requested an
exemption from parts marking based on the installation of a theft
deterrent device as standard equipment for the car line. The petition
filed by VW is complete, as required by 49 CFR 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 January 12, 1995,
NHTSA granted the petitioner's request for confidential treatment of
certain information, including the identity of the nameplate of the car
line.
In its petition, VW provided a detailed description of the
identity, design and location of the components of the antitheft device
for the car line, including diagrams of the components and their
location in the vehicle. VW stated that the system incorporates an
alarm system that is comparable to other alarm systems for which NHTSA
has granted exemptions. The system protects the hood, the trunk lid and
all doors of the vehicle, and the radio. In addition, it includes an
engine starter interrupt feature. VW stated that its antitheft system
is similar to the one used as standard equipment on Toyota, Lexus,
Nissan and Mazda car lines.
The device is designed to facilitate or encourage its activation by
motorists. The antitheft device control unit is activated by turning
the key in either of the front door locks to the lock position and
holding the key in the lock position for at least one-half second.
The activated condition is indicated by a short ``beep'' signal
from the alarm system horn. The device will be armed 0.2 seconds after
activation if the hood, the vehicle doors and the trunk are properly
closed. If a door, hood, or the trunk is left open when the door key is
turned to the lock position, the starter interrupt feature is
activated, but the alarm system will only be armed, and the short
``beep'' on the alarm horn will only sound, when the door, hood or
trunk that had been left open is closed. If an opened door, hood or
trunk is not closed within one minute after the key is turned in either
of the front door locks, the system will arm to protect all of the
closed areas; and if the open area is subsequently closed, it will be
protected as well.
This line is equipped with a power door locking system. All the
doors and the trunk lock will be locked automatically when the key is
turned to the lock position in either front door. Once the vehicle
antitheft system has been activated, entry into the vehicle is
accomplished by turning the key in either front door lock to the
spring-loaded open position once and releasing it. This will deactivate
the alarm system and will unlock only the door being operated. Turning
the key in either front door lock to the open position a second time
within four seconds of the first turn will deactivate the alarm system
and will unlock all the doors and the trunk. When the trunk ``unlocks''
the lid does not open until the lock cylinder is pressed.
If any violation of protected areas occurs once the system has been
activated, the alarm horn (mounted in the front hood area) will sound
and the hazard warning flashers will actuate. Also, the starter
interrupt feature will prevent the vehicle from starting.
The sounding of the horn and the actuation of the hazard warning
flashers continues for a duration of 165 seconds. A subsequent attempt
will reactivate the system for another 165 seconds. The antitheft
device sensors are located in the trunk key cylinder. Once the key has
been inserted the antitheft device is deactivated. However, closing the
trunk lid reactivates the system.
The control module for the antitheft system is located in the
instrument panel assembly and is accessible only from inside the
vehicle after removal of the instrument panel components. The alarm
system horn is located in the plenum area under the hood and is
difficult to reach unless the plenum cover is removed. The vehicle hood
latch may be released only from inside the vehicle. The door, trunk and
engine hood contact switches are all inaccessible unless the door
panels are removed or the hood or the trunk are opened.
The power circuit to the starter motor is interrupted when the
alarm system is armed. If the antitheft device is activated from any of
the protected areas or if the ignition switch is turned on in an
unauthorized effort to start the vehicle, the system will prevent the
engine from being started.
The doors are protected through the interior light door contact
switch. Should an attempt be made to enter the vehicle through one of
the doors, the antitheft device is activated. The engine hood and trunk
lid are protected through sensors located in the contact switch. Should
these components be violated, the alarm will be activated. For VW-
installed radios, the alarm is activated if an attempt is made to
separate the radio from the instrument panel while the alarm is
activated.
The starter interrupt is also activated when one of the protected
areas is breached. Should a thief attempt to start the vehicle by any
means other than a key, the engine will be immobilized.
VW addressed the reliability and durability of the antitheft system
by providing information on the tests that were conducted on the
device. The system has been tested prior to production release for
specifications which require compliance with VW standards for
electrical and electronic assembly operating requirements, for
durability, thermal and mechanical shock resistance and electromagnetic
capability. The applicable test procedures are: VW 801 01--Electrical
and Electronic Assemblies in Motor Vehicles, Standardized General Test
Conditions; VW 820 66--Electromagnetic Compatibility of Electronic
Components; and VW 821 66--Electromagnetic Compatibility of Electronic
Components in Vehicles, Externally Radiated Interferences.
In discussing why it believes that the antitheft device will be
effective in reducing and deterring motor vehicle theft, VW noted that
its antitheft device is comparable to that used on the Mazda RX-7,
Mitsubishi Galant, Nissan 300ZX, and Toyota Cressida and Supra. It
stated that all of these lines have experienced reduced theft rates
since installing the system, and provided an analysis of the theft
rates for these vehicles based on theft data published by NHTSA. That
analysis showed that the Mazda RX-7 experienced a 74 per cent decrease
in its theft rate from 1984 to 1989 and the Mitsubishi Galant
experienced a 50 per cent decrease for the same period. It also showed
a 53 per cent decrease for the Nissan 300ZX from 1983 to 1989, and a 10
per cent decrease for the Toyota Cressida and a 74 per cent decrease
for the Toyota Supra for that time period.
The agency's review of the theft data for these vehicle lines shows
results consistent with VW's analysis. The car [[Page 18166]] lines
listed above have experienced an overall 63 per cent decline in theft
rate from MY 1987 to MY 1992.
NHTSA believes that there is substantial evidence that the
antitheft device that will be installed on the car line that is the
subject of this notice will likely be as effective in reducing motor
vehicle theft as compliance with the theft prevention standard (49 CFR
part 541). The VW system will provide all of the five types of
performance listed in Section 543.6(a)(3): promoting activation;
attracting attention to the efforts of an unauthorized person to enter
or move a vehicle by means other than a key; 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 U.S.C. section 33106(c)(2) and 49 CFR
543.6(a)(4), the agency also finds that Volkswagen has provided
adequate reasons for its belief that the antitheft device will reduce
and deter theft. This conclusion is based on the information VW
provided about its device. This information included a description of
reliability and functional tests conducted by VW for the antitheft
device and its components.
For the foregoing reasons, the agency hereby exempts the car line
that is the subject of this notice in whole from the requirements of 49
CFR part 541.
If VW decides not to use the exemption for this car line, it should
formally notify the agency. If such a decision is made, the car line
must be fully marked according to the requirements of 49 CFR 541.5 and
541.6 (marking of major components 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 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 that if VW 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 upon which that
lines 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.''
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 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.
Dated: April 4, 1995.
Howard M. Smolkin,
Executive Director.
[FR Doc. 95-8763 Filed 4-7-95; 8:45 am]
BILLING CODE 4910-59-P