[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Notices]
[Pages 48784-48786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24489]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; Ford
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 Ford Motor Company
(Ford) for an exemption of a high-theft line, the Ford Mustang, 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
[[Page 48785]]
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.
DATES: The exemption granted by this notice is effective beginning with
model year (MY) 1999.
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: In a petition dated January 21, 1998, Ford
requested an exemption from the parts marking requirements of the Theft
Prevention Standard (49 CFR Part 541) for the Crown Victoria and Grand
Marquis vehicle lines beginning in MY 1999. Ford also requested that
the agency also consider its petition for its Taurus and Sable vehicle
lines beginning in MY 2000 which will also be equipped with the same
standard equipment antitheft system as Ford proposes for installation
on its Crown Victoria and Grand Marquis vehicle lines for the 1999
model year.
However, Section 543.5(a) specifically states that ``For each of
model years 1997 through 2000, a manufacturer may petition NHTSA to
grant an exemption for one additional line of its passenger motor
vehicles from the requirements of Part 541 of this chapter.''
Therefore, the agency advised Ford that the company must decide which
of the two lines it would request to petition for exemption from the
parts-marking requirements for MYs 1999 and 2000 respectively.
Subsequently by letter dated May 4, 1998, Ford chose to withdraw its
original petition for exemption for the MY 1999 Crown Victoria and
Grand Marquis lines, and the MY 2000 Taurus and Sable vehicle lines. In
Ford's May 4 withdrawal letter, it also requested an exemption from the
parts-marking requirements for its Mustang vehicle line beginning with
MY 1999. Accordingly, May 4, 1998, is the date on which the statutory
120-day period for processing Ford's petition began. The petition is
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.
Ford's submittal is considered 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 its petition, Ford provided a detailed description and diagram
of the identity, design, and location of the components of the
antitheft device for the new line. Ford will install its antitheft
device, the SecuriLock Passive Anti-Theft Electronic Engine Immobilizer
System (SecuriLock) as standard equipment on the MY 1999 Ford Mustang.
In order to ensure the reliability and durability of the device,
Ford conducted tests, based on its own specified standards. Ford
provided a detailed list of the tests conducted and stated its belief
that the device is reliable and durable since it complied with Ford's
specified requirements for each test. The environmental and functional
tests conducted were for thermal shock, high temperature exposure, low-
temperature exposure, powered/thermal cycle, temperature/humidity
cycling, constant humidity, end-of-line, random vibration, tri-
temperature parametric, bench drop, transmit current, lead/lock
strength/integrity, output frequency, resistance to solvents, output
field strength, dust, and electromagnetic compatibility.
The Ford SecuriLock is a transponder-based electronic immobilizer
system. The device is activated when the driver/operator turns off the
engine by using the properly coded ignition key. When the ignition key
is turned to the start position, the transponder (located in the head
of the key) transmits a code to the powertrain's electronic control
module. The vehicle's engine can only be started if the transponder
code matches the code previously programmed into the powertrain's
electronic control module. If the code does not match, the engine will
be disabled. Ford stated that there are seventy-two quadrillion
different codes and each transponder is hard-coded with a unique code
at the time of manufacture. Additionally, Ford stated that the
communication between the SecuriLock control function and the
powertrain's electronic control module are encrypted.
Ford stated that its SecuriLock system incorporates a theft
indicator using a light-emitting diode (LED) that provides information
to the driver/operator as to the ``set'' and ``unset'' condition of the
device. When the ignition is initially turned to the ``ON'' position, a
3-second continuous LED indicates the proper ``unset'' state of the
device. When the ignition is turned to ``OFF'', a flashing LED
indicates the ``set'' state of the device and provides visual
information that the vehicle is protected by the SecuriLock system.
Ford states that the integration of the setting/unsetting device
(transponder) into the ignition key prevents any inadvertent activation
of the device.
Ford believes that it would be very difficult for a thief to defeat
this type of electronic immobilizer system. Ford believes that its new
device is reliable and durable because its does not have any moving
parts, nor does it require a separate battery in the key. If the
correct code is not transmitted to the electronic control module
(accomplished only by having the correct key), there is no way to
mechanically override the system and start the vehicle. Furthermore,
Ford stated that drive-away thefts are virtually eliminated with
SecuriLock's sophisticated design and operation of the electronic
engine immobilizer system which makes conventional theft methods (i.e.,
hot-wiring or attacking the ignition-lock cylinder) ineffective. Ford
reemphasized that any attempt to slam-pull the ignition-lock cylinder
will have no effect on a thief's ability to start the vehicle.
Ford's SecuriLock antitheft device was voluntarily installed on all
Mustang GT and Cobra models as standard equipment in MY 1996. Ford
notes that in comparing the National Crime Information Center's (NCIC)
CY 1995-1996 theft data for MY 1995 Mustang GT and Cobra vehicles
without an immobilizer device installed with MY 1996 data for Mustang
GT and Cobra vehicles with an immobilizer device installed,
approximately a 75% reduction in theft is shown. Additionally, Ford
stated that its SecuriLock device has been installed on the entire
Mustang vehicle line as standard equipment since MY 1997.
As part of its submission, Ford also provided a Highway Loss Data
Institute (HLDI)'s theft loss bulletin, Vol. 15, No. 1, September 1997,
which evaluated 1996 Ford Mustang and Taurus models fitted with the
SecuriLock device and corresponding 1995 models without the SecuriLock
device. The results as reported by HLDI indicated a reduction in
overall theft losses by approximately 50% for both Mustang and Taurus
models.
Additionally, Ford stated that its SecuriLock device has been
demonstrated to various insurance companies, and as a result AAA
Michigan and State Farm now give an antitheft discount of 25% and 10%
respectively on premiums for comprehensive insurance for all Ford
vehicles equipped with the device.
Ford's proposed device, as well as other comparable devices that
have received full exemptions from the parts-marking requirements, lack
an audible or visible alarm. Therefore, these devices cannot perform
one of the
[[Page 48786]]
functions listed in 49 CFR Part 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 Ford
proposes. In these instances, the agency has concluded that the lack of
a visual or audio alarm has not prevented these antitheft devices from
being effective protection against theft.
On the basis of comparison, Ford 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
exemptions from the parts-marking requirements.
Based on the evidence submitted by Ford, the agency believes that
the antitheft device for the Ford Mustang 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 believes that the device will provide four of the five
types of performance listed in 49 CFR Part 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 Part 543.6(a)(4) and (5),
the agency finds that Ford has provided adequate reasons for its belief
that the antitheft device will reduce and deter theft. This conclusion
is based on the information Ford provided about its antitheft device.
For the foregoing reasons, the agency hereby grants in full Ford
Motor Company's petition for an exemption for the MY 1999 Mustang
vehicle line from the parts-marking requirements of 49 CFR Part 541.
If Ford decides not to use the exemption for this line, it must
formally notify the agency, and, thereafter, the line must be fully
marked as required by 49 CFR Parts 541.5 and 541.6 (marking of major
component parts and replacement parts).
NHTSA notes that if Ford 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 anti-theft 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 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 September 4, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-24489 Filed 9-10-98; 8:45 am]
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