[Federal Register Volume 61, Number 33 (Friday, February 16, 1996)]
[Notices]
[Pages 6292-6293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3599]



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DEPARTMENT OF TRANSPORTATION

Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; BMW

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 BMW of North 
America, Inc., (BMW) for an exemption of a high-theft line, the Carline 
5, 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.

DATES: The exemption granted by this notice is effective beginning with 
the 1997 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of 
Planning and Consumer Programs, NHTSA, 400 Seventh Street, SW., 
Washington, DC 20590. Ms. Proctor's telephone number is (202) 366-0846. 
Her fax number is (202) 493-2739.

SUPPLEMENTARY INFORMATION: On November 29, 1995, BMW submitted to NHTSA 
a petition for exemption from the parts-marking requirements of the 
Federal motor vehicle theft prevention standard (49 CFR Part 541) for 
the Carline 5, beginning with MY 1997. The petition has been filed 
pursuant to 49 CFR Part 543, Exemption From Vehicle Theft Prevention 
Standard, based on the installation of an antitheft device as standard 
equipment for an entire vehicle line.
    BMW's submittal is considered a complete petition, as required by 
49 CFR Part 543.7, in that it meets the general requirements contained 
in Sec. 543.5 and the specific content requirements of Sec. 543.6. In 
its petition, BMW 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 electronic 
immobilizer system, consisting of a key with a transponder (a 
transmitter/receiver), which is a microchip that is integrated into the 
key. This transponder will allow the ignition to operate and fuel 
supply to be released when a correct signal has been received. The 
immobilizer device is automatically activated when the engine is shut 
off and the vehicle key is removed from the ignition lock cylinder. In 
addition to the key, the antitheft device can be activated using the 
radio frequency remote control. The vehicle is equipped with a central 
door locking system, including the hood and trunk. There are no audible 
or visual alarms.
    In order to ensure reliability and durability of the device, BMW 
stated that it conducted performance tests under BMW Standard 600 13.0 
Parts 1 and 2, e.g., climatic tests, high temperature endurance run, 
thermoshock test in water, chemical resistance, vibrational load, 
electrical ranges, mechanical shock test, and electromagnetic field 
compatibility.
    BMW compared the device proposed for its new line with devices 
which NHTSA has previously determined to be as effective in reducing 
and deterring motor vehicle theft as would compliance with the parts-
marking requirements of Part 541, and has concluded that the antitheft 
device proposed for this new line is likely to be no less effective 
than the devices installed in the lines for which NHTSA has already 
granted exemptions from the parts-marking requirements.
    Additionally, BMW states that the immobilizer system fulfills the 
requirements of the European vehicle insurance companies, which became 
standard as of January 1995. The requirements prescribe that the 
vehicle must be equipped with an electronic vehicle immobilizing device 
which works independently from the mechanical locking system and 
prevents the operation of the vehicle through the use of coded 
intervention in the engine management system. In addition, the device 
must be self-arming (passive), must become effective upon leaving the 
vehicle or not later than the point at which the vehicle is locked, and 
must deactivate the vehicle only by electronic means and not with the 
mechanical key. In addition, BMW states that the Carline 5 door and 
ignition locks conform to Swedish Regulation F42-1975, which requires a 
minimum of 5 minutes resistance to the application of commonly 
available tools.
    Based on evidence submitted by BMW, the agency believes that the 
antitheft device for the Carline 5 is likely to be as effective in 
reducing and 

[[Page 6293]]
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 the following 
aspects 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. The device lacks the ability to attract attention to the 
efforts of unauthorized persons to enter or operate a vehicle by a 
means other than a key (Sec. 541.6(a)(3)(ii)).
    As required by 49 U.S.C. 33106 and 49 CFR Part 543.6(a) (4) and 
(5), the agency finds that BMW has provided adequate reasons for its 
belief that the antitheft device will reduce and deter theft. This 
conclusion is based on the information BMW provided about its device.
    For the foregoing reasons, the agency hereby grants in full BMW's 
petition for exemption for the Carline 5 from the parts-marking 
requirements of 49 CFR Part 541.
    If BMW 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 
542.6 (marking of major component parts and replacement parts).
    NHTSA notes that if BMW 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 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 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: February 13, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-3599 Filed 2-15-96; 8:45 am]
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