Petition for Exemption from the Federal Motor Vehicle Theft Prevention Standard; DaimlerChrysler, 186-188 [06-9957]

Download as PDF 186 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices Laredo, Texas. Interested parties are invited to present oral statements at the hearing. The hearing will be informal and will be conducted in accordance with FRA’s Rules of Practice (49 CFR 211.25) by a representative designated by FRA. FRA’s representative will make an opening statement outlining the scope of the hearing, as well as any additional procedures for the conduct of the hearing. The hearing will be a nonadversarial proceeding in which all interested parties will be given the opportunity to express their views regarding the waiver petition, without cross-examination. After all initial statements have been completed, individuals wishing to make a brief rebuttal statement will be given an opportunity to do so in the same order in which the initial statements were made. In addition, FRA is hereby extending the comment period to February 21, 2007. All communications concerning this waiver petition should identify the appropriate docket number (FRA–2006– 25765) and must be submitted to the Docket Clerk, DOT Docket Management Facility, Room PL–401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. Documents in the public docket are also available for review and copying on the Internet at the docket facility Web site at https://dms.dot.gov. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). The statement may also be found at https://dms.dot.gov. Issued in Washington, DC on December 26, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6–22443 Filed 12–29–06; 8:45 am] rwilkins on PROD1PC63 with NOTICES BILLING CODE 4910–06–P VerDate Aug<31>2005 19:02 Dec 29, 2006 Jkt 211001 DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2006–26740] Information Collection Available for Public Comments and Recommendations Notice and request for comments. ACTION: SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration’s (MARAD’s) intention to request extension of approval for three years of a currently approved information collection. DATES: Comments should be submitted on or before March 5, 2007. FOR FURTHER INFORMATION CONTACT: Thomas M.P. Christensen, Office of National Security Plans, Maritime Administration, 400 Seventh St., SW., Washington, DC 20590. Telephone: 202–366–5900; FAX 202–488–0941 or e–mail: tom.christensen@dot.gov. Copies of this collection can also be obtained from that office. SUPPLEMENTARY INFORMATION: Title of Collection: Voluntary Tanker Agreement. Type of Request: Extension of currently approved information collection. OMB Control Number: 2133–0505. Form Numbers: None. Expiration Date of Approval: Three years after date of approval by the Office of Management and Budget. Summary of Collection of Information: The collection consists of a request from the Maritime Administration (MARAD) that each participant in the Voluntary Tanker Agreement submit a list of the names of ships owned, chartered or contracted for by the participant, and their size and flags of registry. There is no prescribed format for this information. Need and Use of the Information: The collected information is necessary to evaluate tanker capability and make plans for the use of this capability to meet national emergency requirements. This information will be used by both MARAD and Department of Defense to establish overall contingency plans. Description of Respondents: Tanker companies that operate in international trade and who have agreed to participate in this agreement. Annual Responses: 15. Annual Burden: One hour per response. Comments: Comments should refer to the docket number that appears at the PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 top of this document. Written comments may be submitted to the Docket Clerk, U.S. DOT Dockets, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590. Comments may also be submitted by electronic means via the Internet at https://www.dmses.dot.gov/ submit. Specifically address whether this information collection is necessary for proper performance of the functions of the agency and will have practical utility, accuracy of the burden estimates, ways to minimize this burden, and ways to enhance the quality, utility, and clarity of the information to be collected. All comments received will be available for examination at the above address between 10 a.m. and 5 p.m. EDT, Monday through Friday, except Federal Holidays. An electronic version of this document is available on the World Wide Web at https://www.dms.dot.gov. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit https://www.dms.dot.gov. (Authority: 49 CFR 1.66) Dated: December 27, 2006. By Order of the Maritime Administrator. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. E6–22486 Filed 12–29–06; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption from the Federal Motor Vehicle Theft Prevention Standard; DaimlerChrysler National Highway traffic Safety Administration (NHTSA), Department of Transportation (DOT) ACTION: Grant of petition for exemption. AGENCY: SUMMARY: This document grants in full the DaimlerChrysler Corporation’s (DaimlerChrysler) petition for exemption of the Dodge Magnum 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 E:\FR\FM\03JAN1.SGM 03JAN1 rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices 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 partsmarking requirements of the Theft Prevention Standard (49 CFR Part 541). DATES: The exemption granted by this notice is effective beginning with the 2008 model year. FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of International Vehicle, Fuel Economy and Consumer Standards, NHTSA, 400 Seventh Street, SW., Washington, DC 20590. Ms. Ballard’s phone number is (202) 366– 0846. Her fax number is (202) 493–2290. SUPPLEMENTARY INFORMATION: In a petition dated June 2, 2006, DaimlerChrysler requested an exemption from the parts-marking requirements of the theft prevention standard (49 CFR Part 541) for the Dodge Magnum 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. DaimlerChrysler’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. Under § 543.5(a), a manufacturer may petition NHTSA to grant exemptions for one line of its vehicle lines per year. In its petition, DaimlerChrysler provided a detailed description and diagram of the identity, design, and location of the components of the antitheft device for the Dodge Magnum vehicle line. DaimlerChrysler stated that all Dodge Magnum vehicles will be equipped with a standard Sentry Key Immobilizer System (SKIS) antitheft device. The SKIS, a transponder-based, passive immobilizer antitheft device will provide vehicle protection by preventing the engine from operating unless a valid electronically encoded key is detected in the ignition lock cylinder. The SKIS consists of a Wireless Ignition Node Module (WIN), a Powertrain Control Module (PCM), and a FOB Integrated Key (FOBIK) which collectively perform the immobilizer function. The immobilizer feature is activated when the key is removed from the ignition switch. Once activated, only a valid key inserted into the ignition switch will disable immobilization and allow the vehicle to start and continue to run. According to DaimlerChrysler, each new FOBIK is programmed for operation of the Remote Keyless Entry VerDate Aug<31>2005 19:02 Dec 29, 2006 Jkt 211001 (RKE) system and has a unique transponder identification code that is permanently programmed into it by the manufacturer. The ignition key must be programmed into the WIN module to be recognized by the SKIS as a valid key. The FOBIK transponder cannot be adjusted or repaired. once the FOBIK has been programmed to a particular vehicle, it cannot be used on another vehicle. If it is faulty or damaged, the entire key and RKE transmitter unit must be replaced. In addressing the specific content requirements of 543.6, DaimlerChrysler provided information on the reliability and durability of its proposed device. To ensure the reliability and durability of the device, DaimlerChrysler conducted tests based on its own specific standards. DaimlerChrysler provided information on the tests conducted and believes that the device is reliable and durable since the device complied with its specified requirements for each test. According to DaimlerChrysler, the device has met stringent performance standards which demonstrated a minimum 95 percent reliability. The SKIS also undergoes daily short-term durability tests and all of the devices undergo a series of three functional tests prior to being shipped from the supplier to the vehicle assembly plant for installation in the vehicles. DaimlerChrysler also stated that the proposed antitheft device does not provide any visible or audible indication of unauthorized entry. DaimlerChrysler believes that the immobilizer system proposed for the Dodge Magnum will be at least as effective as compliance with the partsmarking requirements of the theft prevention standard. DaimlerChrysler also stated that its experience with vehicles subject to the parts-marking requirement that are later equipped with ignition immobilizer systems as standard equipment indicate that even lower theft rates can be expected from vehicles initially equipped with standard ignition immobilizer systems as that proposed. It 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 partsmarking requirements. For comparative purposes, DaimlerChrysler offered the Jeep Grand Cherokee vehicles as an example of vehicles subject to the parts-marking requirements that have been equipped with ignition immobilizer systems as standard equipment. The Jeep Grand Cherokee vehicle line was granted an exemption from the parts-marking PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 187 requirements beginning with MY 2004 vehicles, however it has had a SKIS system installed as standard equipment since the 1999 model year. DaimlerChrysler stated that NHTSA’s theft data for the Jeep Grand Cherokee vehicle line for model years prior to 1999 (MY 1995 through 1998) provides evidence that the average theft rate is significantly higher than the 1990/1991 median theft rate of 3.5826. For clarification purposes, the agency would like to note that it does not collect theft data. NHTSA publishes theft rates based on data provided by the National Crime Information Center (NCIC) of the Federal Bureau of Investigation. NHTSA uses the NCIC data to calculate theft rates and publishes these rates annually in the Federal Register. DaimlerChrysler also indicated that, since the introduction of immobilizer systems as standard equipment on Jeep Grand Cherokee vehicles, the average theft rate for the five model years (MY 1999 through 2003) is significantly lower than the 1990/1991 median theft rate of 3.5826. 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 devices is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-making requirements of part 541. As explained below, the agency finds that DaimlerChrysler has provided adequate reasons for its belief that the antitheft device will reduce and deter theft. This conclusion is based on the information DaimlerChrysler provided and additional investigation by NHTSA about the device for the Dodge Magnum vehicle line. The agency concludes that the device will provide four of the five types of performance listed in § 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. The agency agrees that the device is substantially similar to the device the agency approved for the Jeep Grand Cherokee, which was also a SKIS which did provide a visual or audible indication. As cited by DaimlerChrysler, the average theft rate for the Jeep Grand Cherokee has decreased substantially since the installation of this device as standard equipment. While DaimlerChrysler used a different method of calculating the average theft E:\FR\FM\03JAN1.SGM 03JAN1 rwilkins on PROD1PC63 with NOTICES 188 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices rates than NHTSA has used in the past, NHTSA agrees that both calculations show a substantial reduction in the theft rate since the installation of the device as standard equipment. For the foregoing reasons, the agency hereby grants in full DaimlerChrysler’s petition for exemption for the Dodge Magnum vehicle line from the partsmarking requirements of 49 CFR Part 541, beginning with the 2008 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 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 partsmarking requirements of the Theft Prevention Standard. If DaimlerChrysler 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 DaimlerChrysler 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 which the line’s exemption is based. Further, 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 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. VerDate Aug<31>2005 19:02 Dec 29, 2006 Jkt 211001 Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 1.50. Issued on: December 27, 2006. Stephen R. Kratzke, Associate Administration for Rulemaking. [FR Doc. 06–9957 Filed 12–29–06; 8:45 am] BILLING CODE 4910–59–M DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption From the Vehicle Theft Prevention Standard; Nissan National Highway Traffic Safety Administration (NHTSA) Department of Transportation (DOT). ACTION: Grant of petition for exemption. AGENCY: SUMMARY: This document grants in full the Nissan North America, Inc.’s (Nissan) petition for exemption of the Versa 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 partsmarking requirements of the Theft Prevention Standard (49 CFR Part 541). Nissan requested confidential treatment for the information and attachments it submitted in support of its petition. In a letter dated November 2, 2006, the agency granted the petitioner’s request for confidential treatment of most aspects of its petition. DATES: The exemption granted by this notice is effective beginning with the 2008 model year. FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of International Vehicle, Fuel Economy and Consumer Standards, NHTSA, 400 Seventh Street, SW., Washington, DC 20590. Ms. Mazyck’s phone number is (202) 366– 0846. Her fax number is (202) 493–2290. SUPPLEMENTARY INFORMATION: In a petition dated September 29, 2006, Nissan requested exemption from the parts-marking requirements of the theft prevention standard (49 CFR Part 541) for the MY 2008 Nissan Versa vehicle line. The petition requested an exemption from parts-marking pursuant to 49 CFR 543, Exemption from Vehicle Theft Prevention Standard, based on the installation of an antitheft device as standard equipment for the entire vehicle line. Under 543.5(a), a manufacturer may petition NHTSA to grant exemptions for PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 one line of its vehicle lines per model year. In its petition, Nissan provided a detailed description and diagram of the identity, design, and location of the components of the antitheft device fro the new vehicle line. Nissan will install its passive, transponder-based immobilizer device as standard equipment on its Versa vehicle line beginning with MY 2008. Key components of the antitheft device are in engine electronic control module (ECM), a passive immobilizer and a transponder key. The immobilizer system prevents normal operation of the vehicle without the use of the key. Nissan also stated that the system will not incorporated an audible or visible alarm. Nissan’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. Nissan also provided information on the reliability and durability of its proposed device, conducting tests based on its own specified standards. In a letter dated November 2, 2006, NHTSA granted Nissan confidential treatment for the test information. Nissan provided a list of the tests it conducted. Nissan based its belief that the device is reliable and durable on the fact that the device complied with the specific requirements for each test. Nissan 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. Nissan stated that its antitheft device will be no less effective than those devices in the lines for which NHTSA has already granted full exemption from the parts-marking requirements. Nissan stated that NHTSA’s theft data have shown a decline in theft rates for vehicle lines that have been equipped with antitheft devices similar to that which Nissan proposes to install on the new line. Nissan stated that based on the agency’s theft rate data, the Buick Riviera and the Oldsmobile Toronado/ Aurora vehicles equipped with the PASS-Key and PASS-Key II systems experienced a significant reduction in theft rates from 1987 to 1996. Nissan concluded that the data indicates that the immobilizer was effective in contributing to the theft rate reduction for these lines. Nissan stated that based on NHTSA’s theft data for 1987 through 1996, the average theft rate for the Buick Rivieraand the Oldsmobile Toronado/ Aurora vehicles without the immobilizer was 4.8970 and 5.0760, E:\FR\FM\03JAN1.SGM 03JAN1

Agencies

[Federal Register Volume 72, Number 1 (Wednesday, January 3, 2007)]
[Notices]
[Pages 186-188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9957]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption from the Federal Motor Vehicle Theft 
Prevention Standard; DaimlerChrysler

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

ACTION:  Grant of petition for exemption.

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

SUMMARY: This document grants in full the DaimlerChrysler Corporation's 
(DaimlerChrysler) petition for exemption of the Dodge Magnum 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

[[Page 187]]

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 
the 2008 model year.

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

SUPPLEMENTARY INFORMATION: In a petition dated June 2, 2006, 
DaimlerChrysler requested an exemption from the parts-marking 
requirements of the theft prevention standard (49 CFR Part 541) for the 
Dodge Magnum 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. 
DaimlerChrysler'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.
    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, 
DaimlerChrysler provided a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device for the Dodge Magnum vehicle line. DaimlerChrysler stated that 
all Dodge Magnum vehicles will be equipped with a standard Sentry Key 
Immobilizer System (SKIS) antitheft device. The SKIS, a transponder-
based, passive immobilizer antitheft device will provide vehicle 
protection by preventing the engine from operating unless a valid 
electronically encoded key is detected in the ignition lock cylinder. 
The SKIS consists of a Wireless Ignition Node Module (WIN), a 
Powertrain Control Module (PCM), and a FOB Integrated Key (FOBIK) which 
collectively perform the immobilizer function. The immobilizer feature 
is activated when the key is removed from the ignition switch. Once 
activated, only a valid key inserted into the ignition switch will 
disable immobilization and allow the vehicle to start and continue to 
run.
    According to DaimlerChrysler, each new FOBIK is programmed for 
operation of the Remote Keyless Entry (RKE) system and has a unique 
transponder identification code that is permanently programmed into it 
by the manufacturer. The ignition key must be programmed into the WIN 
module to be recognized by the SKIS as a valid key. The FOBIK 
transponder cannot be adjusted or repaired. once the FOBIK has been 
programmed to a particular vehicle, it cannot be used on another 
vehicle. If it is faulty or damaged, the entire key and RKE transmitter 
unit must be replaced.
    In addressing the specific content requirements of 543.6, 
DaimlerChrysler provided information on the reliability and durability 
of its proposed device. To ensure the reliability and durability of the 
device, DaimlerChrysler conducted tests based on its own specific 
standards. DaimlerChrysler provided information on the tests conducted 
and believes that the device is reliable and durable since the device 
complied with its specified requirements for each test. According to 
DaimlerChrysler, the device has met stringent performance standards 
which demonstrated a minimum 95 percent reliability. The SKIS also 
undergoes daily short-term durability tests and all of the devices 
undergo a series of three functional tests prior to being shipped from 
the supplier to the vehicle assembly plant for installation in the 
vehicles.
    DaimlerChrysler also stated that the proposed antitheft device does 
not provide any visible or audible indication of unauthorized entry.
    DaimlerChrysler believes that the immobilizer system proposed for 
the Dodge Magnum will be at least as effective as compliance with the 
parts-marking requirements of the theft prevention standard. 
DaimlerChrysler also stated that its experience with vehicles subject 
to the parts-marking requirement that are later equipped with ignition 
immobilizer systems as standard equipment indicate that even lower 
theft rates can be expected from vehicles initially equipped with 
standard ignition immobilizer systems as that proposed. It 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.
    For comparative purposes, DaimlerChrysler offered the Jeep Grand 
Cherokee vehicles as an example of vehicles subject to the parts-
marking requirements that have been equipped with ignition immobilizer 
systems as standard equipment. The Jeep Grand Cherokee vehicle line was 
granted an exemption from the parts-marking requirements beginning with 
MY 2004 vehicles, however it has had a SKIS system installed as 
standard equipment since the 1999 model year. DaimlerChrysler stated 
that NHTSA's theft data for the Jeep Grand Cherokee vehicle line for 
model years prior to 1999 (MY 1995 through 1998) provides evidence that 
the average theft rate is significantly higher than the 1990/1991 
median theft rate of 3.5826. For clarification purposes, the agency 
would like to note that it does not collect theft data. NHTSA publishes 
theft rates based on data provided by the National Crime Information 
Center (NCIC) of the Federal Bureau of Investigation. NHTSA uses the 
NCIC data to calculate theft rates and publishes these rates annually 
in the Federal Register. DaimlerChrysler also indicated that, since the 
introduction of immobilizer systems as standard equipment on Jeep Grand 
Cherokee vehicles, the average theft rate for the five model years (MY 
1999 through 2003) is significantly lower than the 1990/1991 median 
theft rate of 3.5826.
    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 devices is 
likely to be as effective in reducing and deterring motor vehicle theft 
as compliance with the parts-making requirements of part 541. As 
explained below, the agency finds that DaimlerChrysler has provided 
adequate reasons for its belief that the antitheft device will reduce 
and deter theft. This conclusion is based on the information 
DaimlerChrysler provided and additional investigation by NHTSA about 
the device for the Dodge Magnum vehicle line.
    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. The agency 
agrees that the device is substantially similar to the device the 
agency approved for the Jeep Grand Cherokee, which was also a SKIS 
which did provide a visual or audible indication. As cited by 
DaimlerChrysler, the average theft rate for the Jeep Grand Cherokee has 
decreased substantially since the installation of this device as 
standard equipment. While DaimlerChrysler used a different method of 
calculating the average theft

[[Page 188]]

rates than NHTSA has used in the past, NHTSA agrees that both 
calculations show a substantial reduction in the theft rate since the 
installation of the device as standard equipment.
    For the foregoing reasons, the agency hereby grants in full 
DaimlerChrysler's petition for exemption for the Dodge Magnum vehicle 
line from the parts-marking requirements of 49 CFR Part 541, beginning 
with the 2008 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 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 DaimlerChrysler 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 DaimlerChrysler 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 
which the line's exemption is based. Further, 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 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: December 27, 2006.
Stephen R. Kratzke,
Associate Administration for Rulemaking.
[FR Doc. 06-9957 Filed 12-29-06; 8:45 am]
BILLING CODE 4910-59-M