[Federal Register Volume 67, Number 126 (Monday, July 1, 2002)]
[Notices]
[Pages 44259-44261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16471]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption from the Federal Motor Vehicle Motor Theft 
Prevention Standard; Isuzu

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

ACTION: Grant of petition for exemption.

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SUMMARY: This document grants in full the petition of Isuzu Motors 
America, Inc. (Isuzu) for an exemption of a high-theft line, the Isuzu 
Axiom, 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.

DATES: The exemption granted by this notice is effective beginning with 
model year (MY) 2003.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of 
Planning and Consumer Programs, NHTSA, 400 Seventh Street, SW., 
Washington DC 20590. Ms. Proctor's phone number is (202) 366-0846. Her 
fax number is (202) 493-2290.

SUPPLEMENTARY INFORMATION: In a petition dated January 24, 2002, Isuzu 
Motors America, Inc. (Isuzu), on behalf of Isuzu Motors Limited, Tokyo, 
Japan requested exemption from the parts-marking requirements of the 
theft prevention standard (49 CFR part 541) for the Isuzu Axiom vehicle 
line, beginning with MY 2003. 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.
    Section 33106(b)(2)(D) of Title 49, United States Code, authorized 
the Secretary of Transportation to grant an exemption from the parts-
marking requirements for not more than one additional line of a 
manufacturer for MYs 1997--2000. However, it does not address the 
contingency of what to do after model year 2000 in the absence of a 
decision under Section 33103(d). 49 U.S.C. Sec. 33103(d)(3) states that 
the number of lines for which the agency can grant an exemption is to 
be decided after the Attorney General completes a review of the 
effectiveness of antitheft devices and finds that antitheft devices are 
an effective substitute for parts-marking. The Attorney General has not 
yet made a finding and has not decided the number of lines, if any, for 
which the agency will be authorized to grant an exemption. Upon 
consultation with the Department of Justice, we determined that the 
appropriate reading of Section 33103(d) is that the National Highway 
Traffic Safety Administration (NHTSA) may continue to grant parts-
marking exemptions for not more than one additional model line each 
year, as specified for model years 1997-2000 by 49 U.S.C. 
33106(b)(2)(C). This is the level contemplated by the Act for the 
period before the Attorney General's decision. The final decision on 
whether to continue granting exemptions will be made by the Attorney 
General at the conclusion of the review pursuant to Section 
330103(d)(3).
    Isuzu's submission 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

[[Page 44260]]

the specific content requirements of Sec. 543.6.
    In its petition, Isuzu provided a detailed description and diagram 
of the identity, design, and location of the components of the 
antitheft device for the new vehicle line. Isuzu will install its 
antitheft device as standard equipment on the MY 2003 Isuzu Axiom 
carline. The antitheft device installed on the Isuzu Axiom includes 
both an audible and visual alarm and an engine immobilizer system.
    The alarm system consists of the conventional ignition switch, 
alarm controller, door key switches, door lock switches, door switches, 
engine hood switch and horn. The normal locking of the vehicle door 
automatically activates the alarm system. In order to arm the device, 
the key must be removed from the ignition switch, all of the doors and 
engine hood must be closed and the driver's door must be locked with 
the ignition key. An indicator light within the vehicle informs the 
vehicle operator whether the device is armed, disarmed or alarmed.
    Once armed, switches in the vehicle's doors, key cylinders and hood 
monitor the vehicle for unauthorized entry. Isuzu stated that all 
system components have been placed in inaccessible locations. If the 
device is armed and unauthorized entry is attempted by opening any of 
the doors or the engine hood, releasing the inside door lock knob, 
operating the inside engine hood release handle or the power door lock 
button, the antitheft device will be triggered. The alarm system will 
operate to sound the horn installed exclusively for this system and 
flash the headlights. The alarm will cycle for approximately three 
minutes and then shut down in order to prevent the battery from 
becoming discharged. Even if the alarm shuts down, the system will 
remain armed.
    Unlocking either the driver's door or the tailgate door with the 
ignition key deactivates the antitheft device. Inserting the key in the 
ignition switch and rotating the key to the ``ACC'' position will also 
disarm the device. The remote control is used like the key to lock or 
unlock the vehicle door. The remote control will not take the place of 
the key. However, it can be used to lock and unlock the vehicle door, 
arm and disarm the alarm system, and deactivate the alarm.
    The engine immobilizer system consists of an immobilizer electronic 
control unit (ECU), antenna coil, transponder, powertrain control 
module (PCM) and immobilizer security card.
    Isuzu's antitheft device is activated when the driver/operator 
turns off the engine 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. 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.
    Isuzu stated that there are approximately seven quadrillion unique 
electrical key codes. The security code is a four-digit unique 
electronic number, which is written at the end of the Axiom production 
line on a ``CAR PASS'' card, which is handed over to the owner of the 
vehicle only. The security code should prevent the immobilizer ECU from 
being changed without the approval of the vehicle owner. Without this 
security code, a diagnostic tool has no access to important immobilizer 
functions or the transponder.
    In order to ensure the reliability and durability of the device, 
Isuzu conducted tests based on its own specified standards conducted 
and stated its belief that the device is reliable and durable since it 
has complied with Isuzu's specified requirements for each test. Isuzu 
provided a detailed list of the component and on-line tests that were 
conducted: general performance, temperature and voltage combination 
tests, vibration tests, thermal shock, field decay, electromagnetic 
compatibility, corrosion resistance and high speed durability.
    Isuzu reported that the proposed alarm system is identical to the 
system installed on the Acura SLX as standard equipment. The Acura SLX 
was granted an exemption from the parts marking requirements of the 
Federal Motor Vehicle Theft Prevention Standard beginning with the 1997 
model year (96 FR 24852).
    Additionally, Isuzu states the Axiom immobilizer is a system 
similar to the General Motors' ``PASS-Key III'' device installed on the 
MY 1997 Buick Park Avenue and MY 1998 Cadillac Seville vehicle lines. 
The agency granted the MY 1997 Buick Park Avenue and the MY 1998 
Cadillac Seville a full exemption from the parts-marking requirements. 
The theft rates for the Buick Park Avenue are 0.4702, 1.2900 and 
1.3021, respectively, in MYs 1997, 1998 and 1999. The theft rates for 
the Cadillac Seville are 1.6998 and 2.4141, respectively, in MYs 1998 
and 1999. Isuzu contends that two lines have very low theft rates in 
spite of the fact that they are not equipped with audible or visible 
indicators to protect the vehicle against unauthorized entry. In 
further support of its request for petition for exemption, Isuzu also 
identified five other vehicle lines (Cadillac Deville, Pontiac 
Bonneville, Buick LeSabre, Oldsmobile Aurora, and Chevrolet Venture) 
that are all equipped with the PASS-Key III device and have been 
granted full exemptions from the parts-marking requirements.
    On the basis of this comparison, Isuzu has concluded that the 
proposed antitheft device is no less effective than those devices 
installed on lines for which NHTSA has already granted full exemption 
from the parts-marking requirements.
    Based on the evidence submitted by Isuzu, the agency believes that 
the antitheft device for the Isuzu Axiom 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 the types of 
performance listed in ``543.6(a)(3): Promoting activation; attracting 
attention to the efforts of unauthorized persons to enter or operate a 
vehicle by means other than a key; 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 Isuzu has provided adequate reasons for its 
belief that the antitheft device will reduce and deter theft. This 
conclusion is based on the information Isuzu provided about its 
antitheft device.
    For the foregoing reasons, the agency hereby grants in full Isuzu's 
petition for an exemption for the MY 2003 Isuzu Axiom vehicle line from 
the parts-marking requirements of 49 CFR part 541. If Isuzu 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 541.6 (marking of 
major component parts and replacement parts).
    NHTSA notes that if Isuzu 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. Sec. 543.7(d)

[[Page 44261]]

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 Ato 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: June 26, 2002.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 02-16471 Filed 6-28-02; 8:45 am]
BILLING CODE 4910-59-P