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

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[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.

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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