[Federal Register Volume 71, Number 19 (Monday, January 30, 2006)]
[Notices]
[Pages 4965-4966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1070]


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

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.

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

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 E-Line 
Chassis vehicle line beginning with model year (MY) 2006. 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) 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, 400 
Seventh Street, SW., Washington, DC 20590. Ms. Ballard's telephone 
number is (202) 366-0846. Her fax number is (202) 493-2290.

SUPPLEMENTARY INFORMATION: In a petition dated September 16, 2005, 
MBUSA requested exemption from the parts-marking requirements of the 
theft prevention standard (49 CFR part 541) for the MY 2006 E-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 
E-Line Chassis vehicle line. MBUSA will install its passive, antitheft 
device as standard equipment beginning with MY 2006. Features of the 
antitheft device will include an electronic key and ignition lock, 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 543.5 and the specific 
content requirements of 543.6.
    MBUSA stated that the proposed device would utilize a transmitter 
key, an electronic ignition starter control unit and an engine control 
unit, which will work collectively 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, whether the doors are open or closed. 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 543.6, MBUSA 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, MBUSA 
conducted tests based on its own specified standards. MBUSA also 
provided a detailed list of the tests conducted and believes that the 
device is reliable and durable since the device complied with its 
specified requirements for each test.
    MBUSA also compared the device proposed for its vehicle line with 
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. Additionally, 
theft data have indicated a decline in theft rates for vehicle lines 
that have been equipped with antitheft devices similar to that which 
MBUSA proposes to install on the new line.
    On the basis of this comparison, MBUSA has concluded that the 
antitheft device proposed for its E-Line Chassis 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 E-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 part 543.7(f) 
contains publication requirements incident to the disposition of all 
Part 543 petitions. Advanced listing, including the release of future 
product nameplates, the beginning model year for which the petition is 
granted and a general description of the antitheft device is necessary 
in order to notify law enforcement agencies of new vehicle lines 
exempted from the parts-marking requirements of the Theft Prevention 
Standard.
    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 parts 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. Part 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

[[Page 4966]]

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 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 23, 2006.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E6-1070 Filed 1-27-06; 8:45 am]
BILLING CODE 4910-59-P