[Federal Register Volume 72, Number 139 (Friday, July 20, 2007)]
[Notices]
[Pages 39890-39891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14093]


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

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 Mercedes-Benz USA, LLC.'s, 
(MBUSA) petition for exemption of the C-Line Chassis vehicle line in 
accordance with 49 CFR part 543, Exemption from the 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 (49 CFR part 541).

DATES: The exemption granted by this notice is effective beginning with 
model year (MY) 2008.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Vehicle, Fuel Economy and Consumer Standards, NHTSA, 1200 
New Jersey Avenue, SE., NVS-131, Room W43-439 (4th Floor), Washington, 
DC 20590. Ms. Ballard's phone number is (202) 366-5222. Her fax number 
is (202) 493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated August 8, 2006, MBUSA 
requested exemption from the parts-marking requirements of the theft 
prevention standard (49 CFR part 541) for the C-Line Chassis vehicle 
line, beginning with the 2008 model year. The petition has been filed 
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 model 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 C-Line Chassis vehicle line. MBUSA stated that all C-
Line Chassis vehicles will be equipped with a passive, transponder-
based electronic immobilizer device as standard equipment beginning 
with MY 2008. Features of the antitheft device will include an 
electronic key, a passive immobilizer system (FBS III) which includes 
an electronic ignition starter switch control unit (EIS) and an engine 
control unit (ECU). The device will also have a visible and audible 
alarm. The alarm system will provide protection for all four doors, the 
trunk and the engine hood. If any of the protected areas are violated, 
the four turn signal lamps and the left and right side turn signal 
marker lamps will flash, the interior lamps will switch on and the 
alarm will sound. 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 transmitter key, the electronic ignition 
starter switch control unit and the engine control unit will work 
collectively to perform the immobilizer function. The immobilizer will 
prevent the engine from running unless a valid key is used in the 
ignition switch. 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 the vehicle to start.
    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 verify its ability to satisfactory perform under extreme conditions, 
MBUSA conducted various tests based on its own specified standards. 
MBUSA provided a detailed list of the various tests conducted and 
believes that the device is reliable and durable since the device 
complied with its own specific test conditions.
    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 the S-Line Chassis and 
E-Line Chassis vehicles which the agency has granted exemptions from 
the parts-marking requirements of the theft prevention standard. MBUSA 
concluded that the antitheft device for its C-Line Chassis vehicle line 
is no less effective than

[[Page 39891]]

those devices in lines for which NHTSA has already granted full 
exemption.
    On the basis of this comparison, MBUSA informed the agency that the 
C-Line Chassis vehicle line was first introduced as a model year 1994 
vehicle. MBUSA stated that based on NHTSA's theft rates from 1994 to 
2004, the average theft rate of the C-Line Chassis vehicles without the 
immobilizer was 1.6437 (CY 1994-1997) and 1.4167 after installation of 
the immobilizer device. MBUSA concluded that the data indicates that 
the immobilizer was effective in contributing to the theft rate 
reduction for its C-Line Chassis vehicles.
    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7(b), the agency grants 
a petition for an exemption from the parts-marking requirements of part 
541 either in whole or in part, if it determines that, based upon 
substantial evidence, the standard equipment antitheft device is likely 
to be as effective in reducing and deterring motor vehicle theft as 
compliance with the parts-marking requirements of part 541. 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.
    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. The agency agrees that the 
device is substantially similar to devices in other vehicles lines for 
which the agency has already granted exemptions. In addition, the theft 
rate has reduced since the installation of this device on the line.
    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, 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 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.''
    The agency wishes to minimize the administrative burden that Sec.  
t 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: July 16, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
 [FR Doc. E7-14093 Filed 7-19-07; 8:45 am]
BILLING CODE 4910-59-P