[Federal Register Volume 68, Number 101 (Tuesday, May 27, 2003)]
[Notices]
[Page 28882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13061]



[[Page 28882]]

-----------------------------------------------------------------------

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, Department of 
Transportation (DOT).

ACTION: Grant of petition for exemption.

-----------------------------------------------------------------------

SUMMARY: This notice grants in full the petition of Nissan North 
America, Inc. (Nissan) for an exemption of a high-theft line, the 
Infiniti M45, 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 some of the information and attachments 
submitted in support of its petition. In a letter to Nissan dated 
November 25, 2002, 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 
model year (MY) 2004.

FOR FURTHER INFORMATION CONTACT: Mrs. Rosalind Proctor, Office of 
Planning and Consumer Standards, NHTSA, 400 Seventh Street, SW., 
Washington, DC 20590. Mrs. Proctor's phone number is (202) 366-4807. 
Her fax number is (202) 493-2290.

SUPPLEMENTARY INFORMATION: In a petition dated October 30, 2002 Nissan 
North America, Inc. (Nissan), requested an exemption from the parts-
marking requirements of 49 CFR part 541, Federal Motor Vehicle Theft 
Prevention Standard, for the Infiniti M45 vehicle line beginning in MY 
2004. 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 November 25, 2002, 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 will include 
both an audible and visual alarm and an engine-immobilizer system. The 
antitheft device is activated by moving the ignition key to the ``OFF'' 
position, closing the hood and trunk lid and closing and locking all of 
the doors. Therefore, once the key is turned to the ``OFF'' position 
and the ignition key is removed from the key cylinder, the antitheft 
systems are set.
    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. 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.
    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 Infiniti M45 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 five types of 
performance listed in Sec.  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 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 MY 2004 Infiniti M45 vehicle 
line from the parts-marking requirements of 49 CFR 541. 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 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. Section 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 Sec.  
543.9(c)(2) could place on exempted vehicle manufacturers and itself. 
The agency did not intend in drafting Sec.  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: May 19, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-13061 Filed 5-23-03; 8:45 am]
BILLING CODE 4910-59-P