[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Notices]
[Pages 26448-26450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8861]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention 
Standard; MAZDA

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 Mazda Motor 
Corporation, (Mazda) in accordance with Sec.  543.9(c)(2) of 49 CFR 
Part 543, Exemption from the Theft Prevention Standard, for the Mazda 
CX-9 vehicle line beginning with model year (MY) 2008. 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) 2008.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of 
International

[[Page 26449]]

Vehicle, Fuel Economy and Consumer Standards, NHTSA, 400 Seventh 
Street, SW., Washington, DC 20590. Ms. Mazyck's telephone number is 
(202) 366-0846. Her fax number is (202) 493-2290.

SUPPLEMENTARY INFORMATION: In a petition dated March 8, 2007, Mazda 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard (49 CFR Part 541) for the CX-9 vehicle line 
beginning with MY 2008. 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 an entire vehicle line.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant 
exemptions for one of its vehicle lines per year. Mazda has petitioned 
the agency to grant an exemption for its CX-9 vehicle line beginning 
with MY 2008. In its petition, Mazda provided a detailed description 
and diagram of the identity, design, and location of the components of 
the antitheft device for the CX-9 vehicle line. Mazda will install its 
passive antitheft device as standard equipment on the vehicle line. 
Features of the antitheft device will include a powertrain control 
module, immobilizer control module, transceiver and ignition key. 
Mazda'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.
    The antitheft device to be installed on the MY 2008 Mazda CX-9 is a 
transponder-based electronic immobilizer system. Mazda's antitheft 
device is activated when the driver/operator turns off the engine using 
the properly coded ignition key. When the ignition key is turned to the 
``ON'' position, the transponder (located in the head of the key) 
transmits a code to the powertrain's electronic control module. Mazda 
stated that encrypted communications exist between the immobilizer 
system control function and the powertrain's electronic control module. 
The vehicle's engine can only be started if the transponder code 
matches the code previously programmed into the powertrain's electronic 
control module. If the code does not match, the engine will be 
disabled. If the correct code is not transmitted to the electronic 
control module there is no way to mechanically override the system and 
start the vehicle. Furthermore, Mazda stated that drive-away thefts are 
virtually eliminated with the sophisticated design and operation of the 
electronic engine immobilizer system which makes conventional theft 
methods (i.e., hot-wiring or attacking the ignition-lock cylinder) 
ineffective.
    Mazda also stated that its immobilizer system incorporates a light-
emitting diode (LED) that provides information as to when the system is 
``set'' and ``unset''. When the ignition is initially turned to the 
``ON'' position, a three-second continuous LED indicates the proper 
``unset'' state of the device. When the ignition is turned to ``OFF'', 
a flashing LED indicates the ``set'' state of the system and provides a 
visual confirmation that the vehicle is protected by the immobilizer 
system. The integration of the setting/unsetting device (transponder) 
into the ignition key prevents any inadvertent activation of the 
system.
    Mazda reported that in MY 1996, the proposed system was installed 
on certain U.S. Ford vehicles as standard equipment (i.e. on all Ford 
Mustang GT and Cobra models, Ford Taurus LX, SHO and Sable LS models). 
The immobilizer system was installed on the Ford Mustang vehicle line 
as standard equipment in MY 1997. When comparing 1995 model year 
Mustang vehicle thefts (without immobilizer), with MY 1997 Mustang 
vehicle thefts (with immobilizer), data from the National Insurance 
Crime Bureau (NCIC) showed a 70% reduction in theft. Actual NCIC 
reported thefts were 500 for MY 1995 Mustang and 149 thefts for MY 1997 
Mustang.)
    Mazda also noted that a July 2000 Insurance Institute for Highway 
Safety news release compared theft loss data before and after equipping 
vehicles with a passive immobilizer device. It showed an average 
reduction of about 50 percent for vehicles with an immobilizer system.
    In addressing the specific content requirements of 543.6, Mazda 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, Mazda 
conducted tests based on its own specified standards. Mazda 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. Mazda also states that its 
proposed device is reliable and durable because it does not have any 
moving parts, nor does the key require a separate battery. Any attempt 
to slam-pull the ignition lock cylinder, for example, will have no 
effect on a thief's ability to start the vehicle. Starting the vehicle 
is accomplished by having the correct ignition key transmit the correct 
code to the control module.
    Mazda's proposed device, as well as other comparable devices that 
have received full exemptions from the parts-marking requirements, 
lacks an audible or visible alarm. Therefore, the device cannot perform 
one of the functions listed in 49 CFR Part 543.6(a)(3), that is, to 
call attention to unauthorized attempts to enter or move the vehicle. 
However, theft data have indicated a decline in theft rates for vehicle 
lines that have been equipped with devices similar to that which Mazda 
proposes. In these instances, the agency has concluded that the lack of 
a visual or audio alarm has not prevented these antitheft devices from 
being effective protection against theft.
    On the basis of this comparison, Mazda has concluded that the 
proposed antitheft device is no less effective than those devices 
installed on lines for which NHTSA has already granted full exemption 
from the parts-marking requirements.
    Based on the evidence submitted by Mazda, the agency believes that 
the antitheft device for the Mazda CX-9 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). Based on the information Mazda provided about its 
device, the agency concludes that the device will provide the four 
types of performance listed in Sec.  543.6(a)(3): Promoting activation; 
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 Part 543.6(a)(4) and (5), 
the agency finds that Mazda has provided adequate reasons for its 
belief that the antitheft device will reduce and deter theft.
    For the foregoing reasons, the agency hereby grants in full Mazda's 
petition for exemption for the Mazda CX-9 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

[[Page 26450]]

enforcement agencies of new vehicle lines exempted from the parts-
marking requirements of the Theft Prevention Standard.
    If Mazda decides not to use the exemption for this line, it must 
formally notify the agency. If such a decision is made, the line must 
be fully marked according to the requirements under 49 CFR Parts 541.5 
and 541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if Mazda 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, Part 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 Part 
543.9(c)(2) could place on exempted vehicle manufacturers and itself. 
The agency did not intend in drafting 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: May 3, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
 [FR Doc. E7-8861 Filed 5-8-07; 8:45 am]
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