[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20486-20488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8049]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention 
Standard; Mitsubishi Motors

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition for exemption.

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

SUMMARY: This document grants in full the Mitsubishi Motors R&D of 
America, Inc.'s (Mitsubishi) petition for exemption of the Mitsubishi 
i-MiEV 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 49 CFR part 541, Federal Motor Vehicle Theft 
Prevention Standard. Mitsubishi requested confidential treatment for 
specific information in its petition. The agency addressed Mitsubishi's 
request for confidential treatment by letter dated February 14, 2012.

DATES: The exemption granted by this notice is effective beginning with 
the 2013 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, West 
Building, W43-443, 1200 New Jersey Avenue SE., Washington, DC 20590. 
Ms. Mazyck's phone number is (202) 366-0846. Her fax number is (202) 
493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated January 3, 2012, 
Mitsubishi requested exemption from the parts-marking requirements of 
the Theft Prevention Standard (49 CFR Part 541) for the Mitsubishi i-
MiEV vehicle line, beginning with MY 2013. 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 the entire vehicle line.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant an 
exemption for one vehicle line per model year. In its petition, 
Mitsubishi provided a detailed description and diagram of the identity, 
design and location of the components of the antitheft device for the 
i-MiEV vehicle line. Mitsubishi will install a passive, transponder-
based,

[[Page 20487]]

electronic engine immobilizer system as standard equipment on its i-
MiEV vehicle line beginning with MY 2013. Features of the antitheft 
device will include a transponder key, Electronic Time and Alarm 
Control System Electronic Control Unit (ETACS ECU) and an Electric 
Vehicle Electronic Control Unit (EV ECU), key ring antenna and a 
passive immobilizer. Mitsubishi will also incorporate an audible and 
visual alarm system as standard equipment on the entire vehicle line. 
Mitsubishi'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.
    Mitsubishi stated that the transponder-based, electronic engine 
immobilizer device prevents unauthorized starting of the engine. The 
transponder is located in a traditional key that must be inserted into 
the key cylinder and turned to the ``ON'' position in order to activate 
the ignition. Mitsubishi also stated that activation of the immobilizer 
does not require the doors to be locked. Activation of the device 
automatically occurs when the ignition switch is turned to the ``OFF'' 
position with a valid key and deactivated when it is turned to the 
``ON'' position with an invalid key. Mitsubishi further stated that the 
immobilizer system checks the key code once the ignition switch is 
turned to the ``ON'' position. The key ring antenna reads the specific 
ignition key code for the vehicle and transmits an encrypted message 
containing the key code to the ETACS ECU. The ETACS ECU determines if 
the key is valid and authorizes the engine to start by sending a 
separate encrypted message to the EV ECU. The engine will start only if 
the key code matches the unique identification key code previously 
programmed into the EV ECU. If the codes do not match, the engine will 
be disabled.
    In addressing the specific content requirements of 543.6, 
Mitsubishi provided information on the reliability and durability of 
its proposed device. To ensure reliability and durability of the 
device, Mitsubishi conducted tests based on its own specified 
standards. Mitsubishi provided a detailed list of the tests conducted 
and believes that the device is reliable and durable since the device 
complied with its specific requirements for each test. Mitsubishi 
additionally stated that its immobilizer system is further enhanced by 
several factors making it very difficult to defeat. Specifically, 
Mitsubishi stated that communication between the transponder and the 
ECU are encrypted and that there are over 4.3 billion possible key 
codes that make successful key code duplication virtually impossible. 
Mitsubishi also stated that its immobilizer system and the ECU share 
security data during vehicle assembly that make them a matched set. 
These matched modules will not function if taken out and reinstalled 
separately on other vehicles. Mitsubishi further stated that it is 
impossible to mechanically override the system and start the vehicle, 
because the vehicle will not be able to start without the transmission 
of the specific code to the electronic control module. Lastly, 
Mitsubishi stated that the antitheft device is extremely reliable and 
durable because there are no moving parts, nor does the key require a 
separate battery.
    Mitsubishi informed the agency that the i-MiEV vehicle line was 
first equipped with the proposed device beginning with its MY 2012 
vehicles. Additionally, Mitsubishi informed the agency that the 
Eclipse, Galant, Endeavor, Outlander, Lancer and Outlander Sport 
vehicle lines have been equipped with a similar type of immobilizer 
device since January 2000, January 2004, April 2004, September 2006, 
March 2007 and September 2010 respectively, and they have all been 
granted parts-marking exemptions by the agency. Mitsubishi also stated 
that beginning with its MY 2000 vehicles, the Eclipse vehicle line has 
been equipped with a similar device. Mitsubishi further stated that the 
theft rate for the MY 2000 Eclipse decreased by almost 42 percent when 
compared with that of its MY 1999 Mitsubishi Eclipse (unequipped with 
an immobilizer device). Mitsubishi 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. The average theft rates using 
three MY's data for the Mitsubishi Eclipse, Galant, Endeavor, Outlander 
and Lancer vehicle lines and are 2.5788, 5.1114, 1.3723, 0.6374 and 
2.5519 respectively, and theft rates are not available for the 
Outlander Sport vehicle line.
    Based on the supporting evidence submitted by Mitsubishi on the 
device, the agency believes that the antitheft device for the i-MiEV 
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, attract attention to 
the efforts of an unauthorized person to enter or move 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.
    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 Mitsubishi has provided adequate reasons for its belief that 
the antitheft device for the Mitsubishi i-MiEV 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). This conclusion is based on the information 
Mitsubishi provided about its device.
    For the foregoing reasons, the agency hereby grants in full 
Mitsubishi's petition for exemption for the Outlander Sport vehicle 
line from the parts-marking requirements of 49 CFR part 541, beginning 
with the 2013 MY vehicles. 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 Mitsubishi 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 as required by 49 CFR parts 541.5 and 541.6 
(marking of major component parts and replacement parts).
    NHTSA notes that if Mitsubishi 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 antitheft device on

[[Page 20488]]

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.  
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: March 28, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-8049 Filed 4-3-12; 8:45 am]
BILLING CODE 4910-59-P