[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Notices]
[Pages 12734-12736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6038]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Modification of a Previously Approved Antitheft 
Device; General Motors Corporation

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 June 16, 1986, this agency granted in full General Motors 
Corporation's (GM) petition for exemption from the parts-marking 
requirements of the vehicle theft prevention standard for the Chevrolet 
Corvette vehicle line. This notice grants in full GM's petition for 
modification of the previously approved antitheft device for that line. 
NHTSA is granting GM's

[[Page 12735]]

petition for modification because it has determined, based on 
substantial evidence, that the modified antitheft device described in 
GM'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. GM requested 
confidential treatment for some of the information and attachments 
submitted in support of its petition. In a letter dated February 11, 
2004, 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) 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of 
International Policy, Fuel Economy 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: On June 16, 1986, NHTSA published in the 
Federal Register a notice granting a petition from GM for an exemption 
from the parts-marking requirements of the vehicle theft prevention 
standard for the Chevrolet Corvette vehicle line beginning with the 
1987 model year (See 51 FR 21823). On November 18, 2003, GM submitted a 
petition for modification of its existing MY 1987 antitheft device. 
GM's submission is 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. GM's petition 
provides a detailed description of the identity, design and location of 
the components of the antitheft system proposed for installation 
beginning with the 2005 model year. On January 26 and February 13, 
2004, the agency contacted GM by telephone to obtain additional 
information on the proposed modifications.
    GM explained that the MY 1987 antitheft device consisted of two 
basic parts: An alarm system and an engine interrupt system (identified 
as the Vehicle Antitheft System (VATS)). The engine interrupt system's 
name, ``VATS'', was changed to ``PASS-Key'' beginning with the 1989 
model year. The MY 1987 ``VATS'' is identical to the ``PASS-Key'' 
system. The VATS/PASS-Key is activated by removing the key from the 
ignition and locking the driver's door. The alarm system is triggered 
by attempted unauthorized entry through the doors, rear hatch, or roof 
panel openings. The sounding of the horn indicates unauthorized entry. 
The VATS/PASS-Key part of the device provides a starter interrupt. The 
VATS/PASS-Key consists of the ignition key, ignition lock cylinder and 
a VATS/PASS-Key decoder module and is fully functional when the 
ignition is turned off and the key is removed from the ignition. Before 
the vehicle can be operated, a key whose shank contains the correct 
electrical resistance of the key must be inserted in the ignition and 
recognized by the VATS/PASS-Key decoder module. If a key with the 
incorrect electrical resistance is inserted, the VATS/PASS-Key decoder 
module will shut down for a period of two to four minutes. Any attempt 
to make further resistance comparisons during the module shut down 
period will only cause the timer to recycle to zero and start again.
    In its petition for modification, GM stated that for MY 2005, the 
Corvette vehicle line will be upgraded to use its new theft deterrent 
system. The modified antitheft device (MY 2005) will continue to 
provide protection against unauthorized starting and fueling of the 
vehicle engine. Components of the modified antitheft device include an 
electronically coded ignition key, body control module and engine 
control module. GM stated that the antitheft device is designed to be 
active at all times without direct intervention by the vehicle 
operator. No intentionally specific or discrete security system action 
is necessary to achieve protection. The system is fully functional 
(armed) immediately after the vehicle has been turned off.
    GM stated that its modified antitheft device does not provide any 
visible or audible indication of unauthorized entry by means of 
flashing vehicle lights or sounding of the horn. To substantiate its 
belief that an alarm system is not a necessary feature to effectively 
deter the theft of a vehicle, GM compared the reduction in theft rates 
of Chevrolet Corvettes using a passive theft deterrent system (``VATS/
PASS-Key'') along with an audible/visible alarm system to the reduction 
in theft rates for Chevrolet Camaro and Pontiac Firebird vehicles 
equipped with a passive theft-deterrent system (``PASS-Key'') without 
an alarm. GM finds that the lack of an alarm or attention attracting 
device does not compromise the theft deterrent performance of a system 
such as the modified antitheft device system. Based on the declining 
theft rate experience of other vehicles equipped with devices that do 
not have an audio or visual alarm for which NHTSA has already exempted 
from the parts-marking requirements, the agency has concluded that the 
absence of a visual or audio alarm has not prevented these antitheft 
devices from being effective protection against theft.
    In order to ensure the reliability and durability of the device, GM 
conducted tests based on its own specified standards. GM 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. The tests conducted included high and low 
temperature storage, thermal shock, humidity frost, salt fog, 
flammability, altitude, drop, shock, random vibration, dust, potential 
contaminants, connector retention/strain relief, terminal retention, 
connector insertion, crush, ice, immersion and tumbling.
    GM compared the MY 2005 device with devices which NHTSA has already 
determined to be as effective in reducing and deterring motor vehicle 
theft as would compliance with the parts-marking requirements. To 
substantiate its beliefs as to the effectiveness of the new device, GM 
compared the MY 2005 modified device to its ``PASS-Key''-like systems. 
GM indicated that the theft rates, as reported by the Federal Bureau of 
Investigation's National Crime Information Center, are lower for GM 
models equipped with the ``PASS-Key''-like systems which have 
exemptions from the parts-marking requirements of 49 CFR Part 541, than 
the theft rates for earlier models with similar appearance and 
construction which were parts-marked. Based on the performance of the 
PASS-Key, PASS-Key II, and PASS-Key III systems on other GM models, and 
the advanced technology utilized by the modification, GM believes that 
the MY 2005 modified antitheft device will be more effective in 
deterring theft than the parts-marking requirements of 49 CFR Part 541.
    On the basis of this comparison, GM believes that the antitheft 
system for model years 2005 and later will provide essentially the same 
functions and features as found on its MY 1987-2004 system and 
therefore, its modified system will provide at least the same level of 
theft prevention as parts-marking. GM believes that the antitheft 
system proposed for installation on its MY 2005 Chevrolet Corvette line 
is likely to be as effective in reducing thefts as compliance with the 
parts-marking requirements of Part 541.
    The agency has evaluated GM's MY 2005 petition for modification of 
the exemption for the Chevrolet Corvette vehicle line from the parts-
marking requirements of 49 CFR Part 541, and has decided to grant it. 
It has

[[Page 12736]]

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 four of the 
five types of performance listed in Sec.  543.6(b)(3): Promoting 
activation; 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.
    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: March 12, 2004.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 04-6038 Filed 3-16-04; 8:45 am]
BILLING CODE 4910-59-P