[Federal Register Volume 67, Number 200 (Wednesday, October 16, 2002)]
[Notices]
[Pages 63961-63962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26288]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Modification of a Previously Approved Antitheft 
Device; Saab

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

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

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SUMMARY: On May 8, 2002, Saab Cars, USA, Inc. (Saab) filed a petition 
with the National Highway Traffic Safety Administration (NHTSA) asking 
for a third modification to an agency-approved exemption from the 
vehicle theft prevention standard for its 9-3 vehicle line which 
replaced its 900 vehicle line in MY 1999. NHTSA is granting Saab's 
petition for modification of its exemption from the parts-marking 
requirements of the vehicle theft prevention standard for its model 
year (MY) 2003 9-3 vehicle line because it has determined, based on 
substantial evidence, that the antitheft device described in Saab's 
petition to be placed on the vehicle line as standard equipment is 
likely to be as effective in reducing and deterring motor vehicle theft 
as compliance with the parts-marking requirements.

[[Page 63962]]


DATES: The exemption granted by this notice is effective at the 
beginning of the 2003 model year.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of 
Planning and Consumer Standards, 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: On July 26, 1993, NHTSA published in the 
Federal Register a notice granting a petition from Saab for an 
exemption from the parts marking requirements of the vehicle theft 
prevention standard for the Saab 900 car line beginning with MY 1994 
(See 58 FR 39853). By letters dated September 8 and 12, 1994, Saab 
petitioned for the first modification to its device. The agency 
determined that the proposed changes made on Saab 900's antitheft 
device for MY 1995 were de minimis changes and did not require it to 
submit a petition to modify its exemption pursuant to 49 CFR Part 
543.9(c)(2).
    On June 20, 1997, Saab submitted a second petition for modification 
of its previously approved antitheft system for MY 1999. On October 24, 
1997, NHTSA published in the Federal Register a notice granting in full 
Saab's second petition for modification for the MY 1999 9-3 vehicle 
line (See 62 FR 55453).
    Saab's submission of May 8, 2002 is a complete petition, as 
required by 49 CFR part 543.9(d), in that it meets the general 
requirements contained in 49 CFR part 543.5 and the specific content 
requirements of 49 CFR part 543.6. Saab's petition provides a detailed 
description of the identity, design and location of the components of 
the antitheft system in the vehicle beginning with the 2003 model year. 
On July 3, 2002, the agency contacted Saab by telephone and obtained 
additional information which clarified the nature of the changes to its 
antitheft system for its MY 2003 9-3 vehicle line.
    In its MY 2003 petition for modification, Saab stated that for MY 
2003 its immobilizer system has been improved. Specifically, the system 
incorporates several electronic control units (ECU's) in the 
immobilizer chain for component theft protection. This improvement will 
prevent stolen components from working if they are mounted in other 
vehicles. Another improvement is the elimination of the conventional 
ignition key. A transponder unit with remote arm/disarm features has 
replaced the traditional mechanical key, unlike the previous antitheft 
system in which the remote transmitter would not arm or disarm the 
starter immobilization feature of the system. This is a change from the 
previously approved system, in which the driver/operator will be able 
to arm the system, activate the central-locking feature and monitor the 
protected areas of the vehicle from unauthorized tampering either by 
using the remote transmitter or locking the driver's or passenger's 
door with the correct ignition key.
    Saab also stated that for MY 2003, there is only one exterior 
accessible mechanical door lock on the 2003 Saab 9-3. The exterior 
locking mechanism is capped with a plastic cover and is only meant to 
be used in emergency situations in which the vehicle or remote battery 
is dead. In these situations, the plastic cap can be removed and the 
vehicle can be locked/unlocked with a mechanical key found within the 
transponder unit. However, using the emergency key will not arm/disarm 
the alarm.
    In order to ensure reliability and durability of the device, Saab 
stated that its system is designed to work maintenance free throughout 
the life of the vehicle. Necessary precaution has been taken with 
regard to electromagnetic compatibility such that radiation from an 
external source will not render the system inoperative. Saab has used 
similar systems in the United States since 1997.
    The modified system is armed whenever the vehicle is locked using 
the transponder/ignition key unit. It is disarmed when unlocking using 
the same unit. In case of an emergency in which the vehicle must be 
unlocked using the emergency mechanical key, the alarm will be 
activated and will only deactivate when the transponder/ignition key 
unit is placed in the ignition slot and turned to the on position. At 
this point, the system recognizes the security code within the 
transponder unit and deactivates the alarm.
    Saab states that in the Highway Loss Data Institute (HLDI) data 
published in September 2001, the 4-door 1998-2000 Saab 900/9-3 had a 
theft index of 65 (100 being the average result).
    Saab believes that the antitheft system for model years 2003 and 
later will provide essentially the same functions and features as found 
on its MY 1999-2002 systems and therefore, its modified system will 
provide at least the same level of theft prevention as parts-marking. 
Saab believes that the antitheft system proposed for installation on 
its MY 2003 9-3 line is likely to be as effective in reducing thefts as 
compliance with the parts-marking requirements of part 541.
    The agency has evaluated Saab's MY 2003 petition for modification 
of the exemption for the 9-3 vehicle line from the parts-marking 
requirements of 49 CFR part 541, and has decided to grant it. It has 
determined that the system is likely to be as effective as parts-
marking in preventing and deterring theft of these vehicles, and 
therefore qualifies for an exemption under 49 CFR part 543. The agency 
believes that the modified device will continue to provide five types 
of performance listed in Section 543.6(b)(3): Promoting activation; 
preventing defeat or circumventing of the device by unauthorized 
persons; preventing operation of the vehicle by unauthorized entrants; 
attracting attention to the efforts of an unauthorized person; and 
ensuring the reliability and durability of the device.
    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: October 8, 2002.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 02-26288 Filed 10-15-02; 8:45 am]
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