[Federal Register Volume 64, Number 171 (Friday, September 3, 1999)]
[Notices]
[Pages 48451-48452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23052]


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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 (NHTSA), 
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 August 5, 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. Henrietta L. Spinner, Office of 
Planning and Consumer Programs, NHTSA, 400 Seventh Street, SW., 
Washington D.C. 20590. Ms. Spinner's phone number is (202) 366-4802. 
Her fax number is (202) 493-2290.

SUPPLEMENTARY INFORMATION: In a petition dated July 6, 1999, 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 August 5, 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, lacks an audible and visible alarm. 
Therefore, these devices cannot perform one of the functions listed in 
49 CFR 543.6(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 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 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

[[Page 48452]]

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, 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 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 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: August 30, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-23052 Filed 9-2-99; 8:45 am]
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