[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Pages 19363-19364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07354]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention 
Standard; Honda

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 American Honda Motor Co., 
Inc.'s (Honda) petition for exemption of the Honda Civic 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, Federal Motor Vehicle Theft 
Prevention Standard.

DATES: The exemption granted by this notice is effective beginning with 
the 2014 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, West 
Building, W43-439, 1200 New Jersey Avenue SE., 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 December 21, 2012, Honda 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard (49 CFR part 541) for the new MY 2014 Civic vehicle 
line. The petition requested an exemption from the parts-marking 
requirement 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 an 
exemption for one vehicle line per model year. In its petition, Honda 
provided a detailed description and diagram of the identity, design, 
and location of the components of the antitheft device for its Civic 
vehicle line. Honda will install a transponder-based electronic engine 
immobilizer antitheft device as standard equipment on its Civic vehicle 
line beginning with MY 2014. Key components of the antitheft device 
will include a passive immobilizer, transponder ignition key, 
powertrain control module (PCM) and an Immobilizer Entry System 
(IMOES). Honda stated that the Civic vehicle line will also come 
equipped with a steering lock, cabin access, a hood release, 
counterfeit resistant VIN plates and secondary VINs as standard 
equipment.
    Honda stated that activation of its immobilizer device occurs 
automatically when the vehicle is started without any further action by 
the driver. Honda also stated that the device will automatically check 
for start and validation from the PCM and the IMOES when a valid key 
having a correctly matching code is inserted into the ignition switch. 
Honda further stated that if the ignition key does not have a correctly 
matching code, the PCM will prevent fueling of the engine by allowing 
the vehicle to start and run for a few seconds before becoming 
completely inoperable and causing the ignition immobilizer telltale on 
the meter panel to flash. Honda also stated that the device can be 
activated by using the key fob to unlock the vehicle doors or by 
unlocking the driver's door with the ignition key. Deactivation of the 
immobilizer device occurs when a valid key and matching electronic code 
are verified allowing the engine to continue normal operations.
    In order to attract attention to an unauthorized person attempting 
to enter its vehicles without the use of a key, Honda stated that it 
will equip 99.9% of its Civic vehicle line with an audible and visible 
security system that will sound the vehicle's horn and flash the lights 
when the doors, hood or trunk is open when a key or key fob is not used 
to disarm the system. The security system is armed when all of the 
doors are locked and the hood and trunk are closed and locked.
    Honda stated that its Civic vehicle line will also incorporate 
additional features to prevent unauthorized entry of its vehicles 
without the use of a key. Specifically, the key and key cylinders are 
designed with special styling features that help to prohibit theft. 
Honda also stated that as an additional security measure, key 
duplication of its keys is controlled by its authorized dealers. Honda 
further stated that its key cylinders are resistant to tampering and 
that its key fob remotes utilize rolling codes for the lock and unlock 
functions of its vehicles. Honda'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.
    In addressing the specific content requirements of 543.6, Honda 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, Honda 
conducted tests based on its own specified standards. Honda provided a 
detailed list of the tests and stated that it follows a rigorous 
development process ensuring that its antitheft device is reliable and 
robust for the life of the vehicle. Honda also stated that its 
antitheft device has no moving parts and does not require the presence 
of a key fob battery to function.
    Honda noted that its immobilizer device was first installed as 
standard equipment on the MY 2001 Honda Civic. Honda submitted a report 
by the Highway Loss Data Institute showing an overall reduction in 
theft rates for the Honda Civic after introduction of the device. 
Specifically, the Highway Loss Data Institute's report showed a 
significant theft rate reduction from 92 (years 1998-2000) to 59 (years 
2001-2003), with the theft rate described as relative to an overall 
theft average of 100. Honda also stated that the data shows an 
immediate decrease in thefts in 2001 with the immobilizer and also a 
sustained lower theft rate in following years.

[[Page 19364]]

    In support of its belief that its antitheft device will be as or 
more effective in reducing and deterring vehicle theft than the parts-
marking requirement, Honda referenced data showing the effectiveness of 
its immobilizer device. Specifically, Honda referenced NHTSA's theft 
rate data which showed a decrease in thefts since the installation of 
its device. NHTSA's theft rates for the Honda Civic for MYs 2008, 2009 
and 2010 are 1.0353, 0.7830 and 0.8349, respectively. Using an average 
of 3 MYs' theft data (2008-2010), the theft rate for the Civic vehicle 
line is well below the median at 0.8844.
    Based on supporting evidence submitted by Honda on the device, the 
agency believes that the antitheft device for the Civic 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 four of the five 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. Honda stated that it will 
equip its Honda Civic vehicle line with a security system that will 
attract attention to the efforts of an unauthorized person to enter or 
move a vehicle by means other than a key on all models within the Civic 
line except for its DX trim level vehicles.
    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7 (b), the agency grants 
a petition for 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 Honda has provided adequate reasons for its belief that the 
antitheft device for the Honda Civic 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 Honda 
provided about its device.
    For the foregoing reasons, the agency hereby grants in full Honda's 
petition for exemption for the Honda Civic vehicle line from the parts-
marking requirements of 49 CFR part 541, beginning with the 2014 model 
year 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 Honda 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 541.5 and 
541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if Honda 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.  
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 26, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2013-07354 Filed 3-28-13; 8:45 am]
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