[Federal Register Volume 66, Number 153 (Wednesday, August 8, 2001)]
[Notices]
[Pages 41658-41659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19864]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Modification of Exemption From the Vehicle Theft 
Prevention Standard; Volkswagen

AGENCY: National Highway Traffic Safety Administration (NHTSA) 
Department of Transportation (DOT).

ACTION: Grant of a petition for modification of a previously approved 
antitheft device.

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SUMMARY: On May 13, 1993, this agency granted in full Volkswagen of 
America's (Volkswagen) petition for exemption from the parts-marking 
requirements of the vehicle theft prevention standard for the 
Volkswagen Jetta and Cabrio car lines. Additionally, on April 10, 1995 
and December 22, 1995, the agency granted in full Volkswagen's petition 
for exemption for the Golf and Passat car lines, respectively. On March 
12, 2001, Volkswagen petitioned the agency for modification of a 
previously approved antitheft device for the Jetta, Cabrio, Golf and 
Passat car lines beginning with the 2002 model year. The agency grants 
Volkswagen's petition for modification because it has determined, based 
on substantial evidence, that the modified antitheft device described 
in Volkswagen's petition to be placed on the car lines 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) 2002.

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) 493-2290.

SUPPLEMENTARY INFORMATION: In May 1993, NHTSA published in the Federal 
Register a notice granting the petition from Volkswagen of America, 
Inc. (Volkswagen) for an exemption from the parts-marking requirement 
of the Theft Prevention Standard for the Volkswagen Jetta and Cabrio 
car lines beginning with model year (MY) 1994 (see 58 FR 28434, May 13, 
1993). In April 1995, NHTSA published in the Federal Register a notice 
granting the petition for an exemption from the parts-marking 
requirement of the Theft Prevention Standard for the Volkswagen Golf 
car line beginning with MY 1996 (see 60 FR 18164, April 10, 1995). In 
December 1995, NHTSA published in the Federal Register a notice 
granting the petition for an exemption from the parts-marking 
requirement of the Theft Prevention Standard for the Volkswagen Passat 
car line beginning with MY 1997 (see 60 FR 66575, December 22, 1995). 
The agency determined that the antitheft device which Volkswagen 
installed on its Jetta, Cabrio, Golf and Passat car lines as standard 
equipment were likely to be as effective in reducing and deterring 
motor vehicle theft as compliance with the parts-making requirements. 
Specifically, the current antitheft system for the Jetta, Cabrio and 
Golf car lines incorporates central-locking, an engine starter-
interrupt feature and an audio and visual alarm. The current antitheft 
system for the Passat car line incorporates central-locking, an engine 
starter-interrupt feature and an optional audio and visual alarm.
    By letter dated March 12, 2001 Volkswagen submitted a petition for 
modification of its previously approved antitheft systems for the 
Volkswagen Cabrio, Jetta, Golf and Passat car lines, beginning with MY 
2001.
    On July 11, 2001, the agency contacted Volkswagen by telephone and 
obtained additional information which clarified the nature of the 
changes to the antitheft systems for its Cabrio, Jetta, Golf and Passat 
car lines. The information Volkswagen supplied to NHTSA by letter and 
telephone is considered a complete petition, as required by 49 CFR 
543.9(d), in that it meets the general requirements contained in 49 CFR 
543.5 and the specific content requirements of 49 CFR 543.6.
    Volkswagen stated that it has modified its system by adding an 
electronic engine immobilizer feature to its standard antitheft system 
as described in its original petitions for exemption for the Jetta, 
Cabrio, Golf and Pasat car lines. Additionally, Volkswagen proposes to 
delete the starter-interrupt feature of its current system because the 
electronic engine immobilizer will perform the same intended functions. 
Volkswagen acknowledged that it had not notified the agency in advance 
of this added feature because it believed that there was no change to 
the basic system for which the exemptions had been granted. The agency 
notes Volkswagen's neglect to inform it of the changes it contemplated 
in making to its original antitheft device. In accordance with 
Sec. 543.9(c)(2)(ii) the manufacturer must request permission to use an 
antitheft device similar to, but different from the standard equipment 
antitheft device which it installed under the exemption. For future 
exemption modifications, the agency fully expects Volkswagen to notify 
the agency of its intention to modify or change its antitheft system 
from that installed under the original exemption.
    Volkswagen's electronic engine immobilizer has a three generation 
phase-in and its components include an immobilizer control unit, a 
warning lamp in the dash panel insert, a reading coil on the ignition 
key and an engine control unit. Volkswagen stated that the advancement 
between its Generation I and Generation II engine immobilizer systems 
used in the Golf and Jetta car lines consisted of integration of the 
immobilizer control unit in the dash panel insert and the addition of a 
coding feature. The Generation II system used in the Cabrio differs 
from that used in the Golf and Jetta car lines in that the immobilizer 
control unit is not integrated into the dash panel, but is separate. 
Volkswagen stated that it equipped the Passat car line with the 
Generation III system in MY 2001. Additionally, the optional alarm 
currently offered on the Passat line will be included as a standard 
feature of the modified system.
    In MY 2002, all four car lines will be installed with the 
Generation III system. Volkswagen stated that the Generation III system 
modifies the mode of communication between the engine control module 
and the immobilizer control unit, so that the engine control unit also 
actively participates with the immobilizer control unit for calculating 
and verifying the correct key code for starting the engine.
    Activation and deactivation of the modified system for all four car 
lines will remain the same as it is in the current systems. 
Specifically, automatic activation of the system occurs when the 
driver/operator removes the key from the ignition and normally locks 
the doors.
    The modified system will require use of a correctly coded-key to 
start and unlock the vehicle. Volkswagen stated that the key looks like 
a normal coded-key with internal milling, but has a small read/write 
transponder built into the body or head, of the key. A data read coil 
has also been added to the ignition lock cylinder. The reading coil 
energizes the transponder in the key, reads its code and sends the 
key's code to the

[[Page 41659]]

evaluation unit. When the ignition key is turned to the ``ON'' 
position, the key's transponder, the immobilizer control unit and the 
engine control unit initiate a set of tests to determine if the vehicle 
should start. The transmission of the code initiates arithmetic 
operations in the key transponder and the immobilizer control unit to 
determine if the key is the correct one for authorized starting of the 
vehicle. A new variable code is generated every time the vehicle is 
started or starting is attempted so that duplicating a key to start the 
vehicle is impossible. If the initiated tests fail, such as if when an 
incorrect key is used, the owner/operator will be unable to start the 
vehicle. The car will only start when the ignition is unlocked both 
mechanically and electronically.
    Volkswagen stated that the modified device will also continue to 
monitor the vehicle's doors, hood and trunk. If the system is armed and 
unauthorized entry is subsequently attempted from any of the protected 
areas, the antitheft device will be triggered, causing activation of a 
visual and audible alarm.
    Volkswagen also provided a detailed description of the identity, 
design and location of the components of the antitheft system including 
diagrams of the components and their location in the vehicle beginning 
with the 2002 MY. To prevent defeat of the antitheft system, Volkswagen 
stated that all system components are inaccessibly located.
    In order to ensure the reliability and durability of the device, 
Volkswagen stated that it conducted tests of the modified antitheft 
device, including electrical and mechanical durability, and certifies 
that it passed all of the performance requirements of the tests 
conducted.
    The agency believes that there is substantial evidence indicating 
that the modified antitheft device to be installed as standard 
equipment on the MY 2002 Volkswagen Cabrio, Golf, Jetta and Passat car 
lines will likely be as effective in reducing and deterring motor 
vehicle theft as compliance with the requirements of the Theft 
Prevention Standard (49 CFR Part 541). This determination is based on 
the information that Volkswagen submitted with its petition and other 
available information. The agency believes that the modified device 
will continue to provide five types of performance listed in 
543.6(a)(3): promoting activation; attracting attention to unauthorized 
entries; 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 CFR 543.6(a)(4), the agency also finds that 
Volkswagen has provided adequate reasons for its belief that the 
modified antitheft device will reduce and deter theft. This conclusion 
is based on the information Volkswagen provided on its antitheft 
system. This information included a description of reliability and 
functional tests conducted by Volkswagen for its antitheft device and 
its components.
    The agency has evaluated Volkswagen's MY 2002 petition for 
modification of the previous exemptions granted for the Cabrio, Golf, 
Jetta and Passat car lines from the parts-marking requirements of 49 
CFR Part 541. The agency has determined that the modified device to be 
installed on the Volkswagen Cabrio, Golf, Jetta and Passat car lines 
are likely to be as effective as parts marking in preventing and 
deterring theft of these vehicles, and therefore qualifies for a full 
exemption under 49 CFR Part 543.
    For the foregoing reasons, the agency hereby grants Volkswagen's 
petition for modification of the exemptions previously granted to the 
Jetta, Cabrio, Golf and Passat car lines beginning with the 2002 model 
year.
    If, in the future, Volkswagen decides not to use the exemption for 
the car lines that are the subject of this notice, it should formally 
notify the agency. If such a decision is made, the car line(s) must be 
fully marked according to the requirements under 49 CFR 541.5 and 541.6 
(marking of major component parts and replacement parts).
    NHTSA notes that if Volkswagen wishes in the future to modify the 
device on which this exemption is based, it 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, 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 
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 3, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety, Performance Standards.
[FR Doc. 01-19864 Filed 8-7-01; 8:45 am]
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