[Federal Register Volume 71, Number 7 (Wednesday, January 11, 2006)]
[Notices]
[Pages 1782-1784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-146]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention 
Standard; Mercedes-Benz

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 Mercedes-Benz 
USA, LLC., (MBUSA) in accordance with Sec.  543.9(c)(2) of 49 CFR Part 
543, Exemption from the Theft Prevention Standard, for the S-Line 
Chassis vehicle line. 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. MBUSA requested 
confidential treatment for

[[Page 1783]]

some of the information and attachments it submitted in support of its 
petition. In a letter dated August 29, 2005, 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 
the 2007 model year.

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: In a petition dated August 8, 2005, MBUSA 
requested exemption from the parts-marking requirements of the theft 
prevention standard (49 CFR Part 541) for the MY 2007 S-Line Chassis 
vehicle line. The petition requested 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 an entire vehicle line.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant 
exemptions for one line of its vehicle lines per year. In its petition, 
MBUSA provided a detailed description and diagram of the identity, 
design, and location of the components of the antitheft device for the 
new vehicle line. MBUSA will install its passive, antitheft device as 
standard equipment beginning with MY 2007. Features of the antitheft 
device will include an electronic key and ignition lock, an intelligent 
gearshift module, a passive immobilizer and a visible and audible 
alarm. MBUSA'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 the specific content requirements of Sec.  543.6.
    MBUSA stated that the proposed device will utilize a transmitter 
key, an electronic ignition starter control unit and an engine control 
unit, which will collectively work to perform the immobilizer function. 
The immobilizer will prevent the engine from running unless a valid key 
is used. Immobilization is activated when the key is removed from the 
ignition switch. Once activated, a valid, coded-key must be inserted 
into the ignition switch to disable immobilization and permit starting 
of the vehicle.
    In addressing the specific content requirements of Sec.  543.6, 
MBUSA provided information on the reliability and durability of its 
proposed device. To ensure reliability and durability of the device, 
and to validate the performance of the device under extreme conditions, 
MBUSA conducted various tests based on its own internal specifications. 
MBUSA provided information on the tests conducted and believes that the 
device is reliable and durable since the device complied with its 
specified requirements for each test. Specifically, the components of 
the immobilizer device were tested in various climatic, mechanical, 
electrical, and chemical environments and immunity to various 
electromagnetic radiation.
    MBUSA also compared the proposed device to other devices which 
NHTSA has determined to be as effective in reducing and deterring motor 
vehicle theft as would compliance with the parts-marking requirements. 
MBUSA stated that its proposed device is functionally equivalent to the 
systems used in previous vehicle lines which were deemed effective and 
granted exemptions from the parts-marking requirements of the theft 
prevention standard. Theft data have indicated a decline in theft rates 
for the S-Line Chassis vehicles that have been equipped with antitheft 
devices similar to that which MBUSA proposes to install on the new 
line. Specifically, MBUSA notes that the theft rate for the S-Line 
Chassis vehicle line was initially reduced by 39.5% from 4.65 stolen 
vehicles per thousand produced in CY 1999 to 2.86 stolen vehicles per 
thousand produced in CY 2000. MBUSA believes that the effectiveness of 
the immobilizer device is reflected in the theft rates that were 
further reduced to 2.73 stolen vehicles per thousand produced in CY 
2001, 1.97 stolen vehicles per thousand vehicles produced in CY 2002, 
and 1.93 stolen vehicles per thousand vehicles produced in CY 2003.
    On the basis of this comparison, MBUSA 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 MBUSA, the agency believes that 
the antitheft device for the S-Line Chassis 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 MBUSA has provided adequate reasons for its belief 
that the antitheft device will reduce and deter theft. This conclusion 
is based on the information MBUSA provided about its device, much of 
which is confidential.
    For the foregoing reasons, the agency hereby grants in full MBUSA's 
petition for exemption for the vehicle line from the parts-marking 
requirements of 49 CFR part 541. The agency notes that 49 CFR part 541, 
Appendix A-1, identifies those lines that are exempted from the Theft 
Prevention Standard for a given model year. 49 CFR 543.7(f) contains 
publication requirements incident to the disposition of all part 543 
petitions. Advanced listing, including the release of future product 
nameplates, is necessary in order to notify law enforcement agencies of 
new vehicle lines exempted from the parts marking requirements of the 
Theft Prevention Standard. Therefore, although MBUSA has been granted 
confidential treatment for most aspects of its petition, the agency 
notes that the information that may be published in the Federal 
Register includes the make and model of vehicle, the model year for 
which the exemption is granted and a general description of the 
proposed antitheft device, with a mention of such elements as key 
activation, starter motor interrupt, and the general location of the 
sensors triggering the alarm.
    If MBUSA decides not to use the exemption for this line, it must 
formally notify the agency, and, thereafter, the line must be fully 
marked as required by 49 CFR 541.5 and 541.6 (marking of major 
component parts and replacement parts).
    NHTSA notes that if MBUSA 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 anti-theft 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.''

[[Page 1784]]

    The agency wishes to minimize the administrative burden that part 
543.9(c)(2) could place on exempted vehicle manufacturers and itself. 
The agency did not intend 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: January 4, 2006.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E6-146 Filed 1-10-06; 8:45 am]
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