Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; CHRYSLER, 58295-58297 [E8-23598]
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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Buy America Waiver Notification
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice.
AGENCY:
SUMMARY: This notice provides
information regarding the FHWA’s
finding that a Buy America waiver is
appropriate for certain steel products
used in Federal-aid construction
projects in New York and Rhode Island.
DATES: The effective date of the waiver
is October 7, 2008.
FOR FURTHER INFORMATION CONTACT: For
questions about this notice, please
contact Mr. Gerald Yakowenko, FHWA
Office of Program Administration, (202)
366–1562, gerald.yakowenko@dot.gov.
For legal questions, please contact Mr.
Michael Harkins, FHWA Office of the
Chief Counsel, (202) 366–4928,
michael.harkins@dot.gov. Office hours
for the FHWA are from 7:45 a.m. to 4:15
p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document
may be downloaded from the Federal
Register’s home page at: https://
www.archives.gov and the Government
Printing Office’s database at: https://
www.access.gpo.gov/nara.
jlentini on PROD1PC65 with NOTICES
Background
The FHWA’s Buy America policy in
23 CFR 635.410 requires a domestic
manufacturing process for any steel or
iron products (including protective
coatings) that are permanently
incorporated in a Federal-aid
construction project. The regulation also
provides for a waiver of the Buy
America requirements when the
application would be inconsistent with
the public interest or when satisfactory
quality domestic steel and iron products
are not sufficiently available. This
notice provides information regarding
the FHWA’s finding that a Buy America
waiver is appropriate for two specific
cases.
In accordance with section 130 of
Division K of the ‘‘Consolidated
Appropriations Act, 2008’’ (Pub. L. 110–
161), the FHWA published on its Web
site a notice of intent to issue a waiver
for Center Pivot Bearing Assembly in
New York https://www.fhwa.dot.gov/
construction/contracts/
waivers.cfm?id=14 on July 14, and
stainless steel clad reinforcing bars (for
experimental research) in Rhode Island
VerDate Aug<31>2005
17:44 Oct 03, 2008
Jkt 217001
https://www.fhwa.dot.gov/construction/
contracts/waivers.cfm?id=18 on August
12. The FHWA received a comment in
response to Center Pivot Bearing
Assembly which suggested that the
Center Pivot Bearing may be available
domestically. Further investigation and
inquiry revealed that the product is not
available domestically. Some comments
received in response to stainless steel
clad rebars suggested that solid stainless
rebar should be used, and that stainless
clad rebar may be more expensive than
solid stainless rebar. Other commenters
disagreed with this position. The Rhode
Island DOT’s waiver request is to
evaluate the stainless clad reinforcing
bars under an experimental project.
During the 15-day comment period, the
FHWA conducted additional
nationwide review to locate potential
domestic manufacturers for the
products. Based on all the information
available to the Agency including the
responses received to the notices as well
as the Agency’s nationwide review, the
FHWA concludes that there are no
domestic manufacturers for these
products and a Buy America waiver is
appropriate as provided by 23 CFR
635.410(c)(1).
In accordance with the provisions of
section 117 of the SAFETEA–LU
Technical Corrections Act of 2008 (Pub.
L. 110–244, 122 Stat.1572), the FHWA
is providing this notice as its finding
that a waiver of Buy America
requirements is appropriate. The FHWA
invites public comment on this finding
for an additional 15 days following the
effective date of the finding. Comments
may be submitted to the FHWA’s Web
site via the links above to the New York
and Rhode Island waiver pages noted
above.
(Authority: 23 U.S.C. 313; Pub. L. 110–161,
23 CFR 635.410)
Issued on: September 29, 2008.
Thomas J. Madison, Jr.
Federal Highway Administrator.
[FR Doc. E8–23574 Filed 10–3–08; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Federal Motor Vehicle Theft Prevention
Standard; CHRYSLER
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
AGENCY:
PO 00000
Frm 00186
Fmt 4703
Sfmt 4703
58295
SUMMARY: This document grants in full
the Chrysler LLC, (Chrysler) petition for
exemption of the Dodge Journey 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).
DATES: The exemption granted by this
notice is effective beginning with the
2010 Model Year (MY).
FOR FURTHER INFORMATION CONTACT: Ms.
Carlita Ballard, International Policy,
Fuel Economy and Consumer Programs,
NHTSA, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Ms. Ballard’s
phone number is (202) 366–0846. Her
fax number is (202) 493–2990.
SUPPLEMENTARY INFORMATION: In a
petition dated July 15, 2008, Chrysler
requested an exemption from the partsmarking requirements of the theft
prevention standard (49 CFR Part 541)
for the Dodge Journey vehicle line,
beginning with MY 2010. The petition
requested an exemption from partsmarking requirements 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 Section § 543.5(a), a
manufacturer may petition NHTSA to
grant exemptions for one of its vehicle
lines per year. Chrysler has petitioned
the agency to grant an exemption for its
Dodge Journey vehicle line beginning
with MY 2010. In its petition, Chrysler
provided a detailed description and
diagram of the identity, design, and
location of the components of the
antitheft device for the new vehicle line.
Chrysler will install the Sentry Key
Immobilizer System (SKIS) antitheft
device as standard equipment on the
vehicle line. The major components of
the SKIS device consists of a powertrain
control module, integrated power
module, sentry key remote entry module
(SKREEM), fob with integrated key
(FOBIK) and an electromechanical
instrument cluster which controls the
telltale function only. All of these
components work collectively to
perform the immobilizer function.
Chrysler stated that the SKIS provides
passive vehicle protection by preventing
the engine from operating unless a valid
electronically encoded key is detected
in the ignition lock cylinder. The
immobilizer feature is activated when
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jlentini on PROD1PC65 with NOTICES
58296
Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices
the key is removed from the ignition
lock cylinder. Once activated, only a
valid key inserted into the ignition lock
cylinder will disable immobilization
and allow the vehicle to start and
continue to run.
The SKREEM/Wireless Ignition Node
(WIN), an integral component of the
SKIS antitheft device contains a radio
frequency transceiver and
microprocessor that receives signals
from the Sentry key transponder and
communicates to the FOBIK. The
SKREEM/WIN determines whether a
valid key is present in the ignition
switch based on the signal received
from the transponder, and also serves as
the receiver for the Tire Pressure
Monitoring System if the vehicle is
equipped with one. To avoid any
perceived delay when starting the
vehicle with a valid key and to prevent
unburned fuel from entering the
exhaust, the engine is permitted to run
for no more than 2 seconds if an invalid
key is used. If the response identifies
the key as invalid, or if no response is
received from the key transponder, the
SKREEM sends an invalid key message
to the Powertrain Control Module
(PCM). The PCM will disable engine
operation (after the initial 2-second run)
based upon the status of the SKREEM
messages. Chrysler stated that only six
consecutive invalid vehicle start
attempts would be permitted and all
other attempts would be locked out by
preventing the fuel injectors from firing
and disabling the starter.
Chrysler stated that it has
incorporated an unauthorized vehicle
start telltale light into the device. The
telltale feature operates as a security
indicator in the ElectroMechanical
Instrument Cluster (EMIC). The telltale
alerts the owner that an unauthorized
vehicle start attempt has been made.
Upon an unauthorized start attempt, the
telltale will flash on and off when the
ignition switch is turned to the ‘‘ON’’
position. Besides acting as a security
indicator, the telltale acts as a diagnostic
indicator. If the SKREEM detects a
system malfunction and/or the SKIS has
become inoperative, the security
indicator will stay on. If the SKREEM
detects an invalid key or if a key
transponder-related fault exists, the
security indicator will flash.
Each ignition key used in the SKIS
has an integral transponder chip
included on the circuit board beneath
the cover of the integral Remote Keyless
Entry (RKE) transmitter. In addition to
having to be cut to match the
mechanical coding of the ignition lock
cylinder and programmed for operation
of the RKE system, each new Sentry Key
has a unique transponder identification
VerDate Aug<31>2005
17:44 Oct 03, 2008
Jkt 217001
code that is permanently programmed
into it by the manufacturer, and which
must be programmed into the SKREEM
to be recognized by the SKIS as a valid
key. Chrysler stated that once a Sentry
Key has been programmed to a
particular vehicle, it cannot be used on
any other vehicle.
Chrysler stated that the SKIS device
does not provide any visable or audible
indication of unauthorized entry but
that the theft data has indicated a
decline in theft rates for vehicle lines
that have been equipped with antitheft
devices similar to that which it proposes
to install on the Dodge Journey vehicle
line. The agency has previously
concluded that the lack of a visual or
audible alarm has not prevented these
antitheft devices from being effective
protection against theft.
In addressing the specific content
requirements of 543.6, Chrysler
provided information on the reliability
and durability of the device. Chrysler
conducted tests based on its own
specified standards and stated its belief
that the device meets the stringent
performance standards prescribed.
Specifically, Chrysler stated that its
device must demonstrate a minimum of
95 percent reliability with 90 percent
confidence. In addition to the design
and production validation test criteria,
Chrysler stated that the SKIS also
undergoes a daily short term durability
test. Chrysler also stated that 100% of
its systems undergo a series of three
functional tests for durability prior to
being shipped from the supplier to the
vehicle assembly plant for installation
in its vehicles.
Chrysler stated that while there is no
theft data available for the Dodge
Journey because it’s a new vehicle line
introduction, experience with the
Chrysler Pacifica, a similar 5-door, front
wheel drive/AWD crossover vehicle
indicates that the Dodge Journey is
projected to have a theft rate lower than
the median theft rate. The average theft
rate for the Chrysler Pacifica using 3
Model Years (MY’s) data is 1.9677.
Chrysler also stated that experience
with the Jeep Grand Cherokee, which
was subject to the parts marking
requirements and subsequently
equipped with ignition immobilizer
systems as standard equipment, indicate
that even lower theft rates can be
expected from a vehicle equipped with
standard ignition immobilizer systems.
Chrysler has offered the SKIS vehicle
immobilizer system as standard
equipment on all Jeep Grand Cherokee
vehicles since MY 1999. Chrysler
indicated that based on NHTSA’s theft
rate data, the average theft rate for Jeep
Grand Cherokee vehicles (1995–1998)
PO 00000
Frm 00187
Fmt 4703
Sfmt 4703
before an immobilizer was offered as
standard equipment on the Jeep Grand
Cherokee vehicles was 5.3574,
significantly above the median theft rate
of 3.5826. However, the average theft
rate for the six model years (1999–2005)
after installation of the standard
immobilizer device is 2.5492,
significantly lower than the median.
The Jeep Grand Cherokee vehicle line
was granted an exemption from the
parts-marking requirements beginning
with MY 2004. Chrysler further stated
that NHTSA’s theft data for the Jeep
Grand Cherokee indicates that the
inclusion of a standard immobilizer
system has resulted in a 52.3% net
average reduction in vehicle thefts. On
the basis of the previous comparisons,
Chrysler has concluded that the
proposed anitheft device is no less
effective than those devices installed on
lines for which NHTSA has already
granted full exemption form the partsmarking requirements.
Based on the information Chrysler has
provided about its device, the agency
concludes that the antitheft device for
the Dodge Journey 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 541). 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.
As required by 49 U.S.C. 33106 and
49 CFR Part 543.6(a)(4) and (5), the
agency finds that Chrysler has provided
adequate reasons for its belief that the
antitheft device will reduce and deter
theft. This conclusion is based on the
information Chrysler provided about its
antitheft device.
For the foregoing reasons, the agency
hereby grants in full Chrysler’s petition
for an exemption for the MY 2010
Dodge Journey 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 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
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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices
law enforcement agencies of new
vehicle lines exempted from the partsmarking requirements of the Theft
Prevention Standard.
If Chrysler 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 Chrysler 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 anti-theft 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: September 30, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E8–23598 Filed 10–3–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–369 (Sub-No. 7X)]
jlentini on PROD1PC65 with NOTICES
Buffalo & Pittsburgh Railroad, Inc.—
Abandonment Exemption—in Erie and
Cattaraugus Counties, NY
Buffalo & Pittsburgh Railroad, Inc.
(BPRR) has filed a verified notice of
exemption under 49 CFR Part 1152
Subpart F—Exempt Abandonments to
abandon a 27.6-mile line of railroad
extending from milepost 8.4 in Orchard
Park, in Erie County, NY, to milepost 36
in Ashford, in Cattaraugus County, NY.
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17:44 Oct 03, 2008
Jkt 217001
The line traverses United States Postal
Service Zip Codes 14127, 14025, 14033,
and 14141.
BPRR has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) all overhead traffic has
been rerouted; (3) no formal complaint
filed by a user of rail service on the line
(or by a state or local government entity
acting on behalf of such user) regarding
cessation of service over the line either
is pending with the Surface
Transportation Board or with any U.S.
District Court or has been decided in
favor of complainant within the 2-year
period; and (4) the requirements at 49
CFR 1105.7 (environmental report), 49
CFR 1105.8 (historic report), 49 CFR
1105.11 (transmittal letter), 49 CFR
1105.12 (newspaper publication), and
49 CFR 1152.50(d)(1) (notice to
governmental agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line R. Co.—
Abandonment—Goshen, 360 I.C.C. 91
(1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received, this
exemption will be effective on
November 5, 2008, unless stayed
pending reconsideration. Petitions to
stay that do not involve environmental
issues,1 formal expressions of intent to
file an OFA under 49 CFR
1152.27(c)(2),2 and trail use/rail banking
requests under 49 CFR 1152.29 must be
filed by October 16, 2008. Petitions to
reopen or requests for public use
conditions under 49 CFR 1152.28 must
be filed by October 27, 2008, with the
Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001.3
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Section of
Environmental Analysis (SEA) in its independent
investigation) cannot be made before the
exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any
request for a stay should be filed as soon as possible
so that the Board may take appropriate action before
the exemption’s effective date.
2 Effective July 18, 2008, the filing fee for an OFA
increased to $1,500. See Regulations Governing
Fees for Services Performed in Connection with
Licensing and Related Services—2008 update, STB
Ex Parte No. 542 (Sub-No. 15) (STB served June 18,
2008).
3 On September 22, 2008, the New York State
Office of Parks, Recreation and Historic
Preservation filed a request for the issuance of a
notice of interim trail use and for imposition of a
public use condition for the 27.6-mile rail line. On
PO 00000
Frm 00188
Fmt 4703
Sfmt 4703
58297
A copy of any petition filed with the
Board should be sent to BPRR’s
representative: Eric M. Hocky, Thorp
Reed & Armstrong, LLP, One Commerce
Square, 2005 Market Street, Suite 1910,
Philadelphia, PA 19103.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
BPRR has filed a combined
environmental and historic report that
addresses the effects, if any, of the
abandonment on the environment and
historic resources. SEA will issue an
environmental assessment (EA) by
October 10, 2008. Interested persons
may obtain a copy of the EA by writing
to SEA (Room 1100, Surface
Transportation Board, Washington, DC
20423–0001) or by calling SEA, at (202)
245–0305. [Assistance for the hearing
impaired is available through the
Federal Information Relay Service
(FIRS) at 1–800–877–8339.] Comments
on environmental and historic
preservation matters must be filed
within 15 days after the EA becomes
available to the public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), BPRR shall file a notice of
consummation with the Board to signify
that it has exercised the authority
granted and fully abandoned the line. If
consummation has not been effected by
BPRR’s filing of a notice of
consummation by October 6, 2009, and
there are no legal or regulatory barriers
to consummation, the authority to
abandon will automatically expire.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: September 29, 2008.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8–23422 Filed 10–3–08; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
September 30, 2008.
The Department of the Treasury will
submit the following public information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
September 26, 2008, BPRR agreed to negotiate for
interim trail use/rail banking.
E:\FR\FM\06OCN1.SGM
06OCN1
Agencies
[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Pages 58295-58297]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23598]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; CHRYSLER
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
-----------------------------------------------------------------------
SUMMARY: This document grants in full the Chrysler LLC, (Chrysler)
petition for exemption of the Dodge Journey 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
the 2010 Model Year (MY).
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, International
Policy, Fuel Economy and Consumer Programs, NHTSA, 1200 New Jersey
Avenue, SE., Washington, DC 20590. Ms. Ballard's phone number is (202)
366-0846. Her fax number is (202) 493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated July 15, 2008, Chrysler
requested an exemption from the parts-marking requirements of the theft
prevention standard (49 CFR Part 541) for the Dodge Journey vehicle
line, beginning with MY 2010. The petition requested an exemption from
parts-marking requirements 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 Section Sec. 543.5(a), a manufacturer may petition NHTSA to
grant exemptions for one of its vehicle lines per year. Chrysler has
petitioned the agency to grant an exemption for its Dodge Journey
vehicle line beginning with MY 2010. In its petition, Chrysler provided
a detailed description and diagram of the identity, design, and
location of the components of the antitheft device for the new vehicle
line. Chrysler will install the Sentry Key Immobilizer System (SKIS)
antitheft device as standard equipment on the vehicle line. The major
components of the SKIS device consists of a powertrain control module,
integrated power module, sentry key remote entry module (SKREEM), fob
with integrated key (FOBIK) and an electromechanical instrument cluster
which controls the telltale function only. All of these components work
collectively to perform the immobilizer function.
Chrysler stated that the SKIS provides passive vehicle protection
by preventing the engine from operating unless a valid electronically
encoded key is detected in the ignition lock cylinder. The immobilizer
feature is activated when
[[Page 58296]]
the key is removed from the ignition lock cylinder. Once activated,
only a valid key inserted into the ignition lock cylinder will disable
immobilization and allow the vehicle to start and continue to run.
The SKREEM/Wireless Ignition Node (WIN), an integral component of
the SKIS antitheft device contains a radio frequency transceiver and
microprocessor that receives signals from the Sentry key transponder
and communicates to the FOBIK. The SKREEM/WIN determines whether a
valid key is present in the ignition switch based on the signal
received from the transponder, and also serves as the receiver for the
Tire Pressure Monitoring System if the vehicle is equipped with one. To
avoid any perceived delay when starting the vehicle with a valid key
and to prevent unburned fuel from entering the exhaust, the engine is
permitted to run for no more than 2 seconds if an invalid key is used.
If the response identifies the key as invalid, or if no response is
received from the key transponder, the SKREEM sends an invalid key
message to the Powertrain Control Module (PCM). The PCM will disable
engine operation (after the initial 2-second run) based upon the status
of the SKREEM messages. Chrysler stated that only six consecutive
invalid vehicle start attempts would be permitted and all other
attempts would be locked out by preventing the fuel injectors from
firing and disabling the starter.
Chrysler stated that it has incorporated an unauthorized vehicle
start telltale light into the device. The telltale feature operates as
a security indicator in the ElectroMechanical Instrument Cluster
(EMIC). The telltale alerts the owner that an unauthorized vehicle
start attempt has been made. Upon an unauthorized start attempt, the
telltale will flash on and off when the ignition switch is turned to
the ``ON'' position. Besides acting as a security indicator, the
telltale acts as a diagnostic indicator. If the SKREEM detects a system
malfunction and/or the SKIS has become inoperative, the security
indicator will stay on. If the SKREEM detects an invalid key or if a
key transponder-related fault exists, the security indicator will
flash.
Each ignition key used in the SKIS has an integral transponder chip
included on the circuit board beneath the cover of the integral Remote
Keyless Entry (RKE) transmitter. In addition to having to be cut to
match the mechanical coding of the ignition lock cylinder and
programmed for operation of the RKE system, each new Sentry Key has a
unique transponder identification code that is permanently programmed
into it by the manufacturer, and which must be programmed into the
SKREEM to be recognized by the SKIS as a valid key. Chrysler stated
that once a Sentry Key has been programmed to a particular vehicle, it
cannot be used on any other vehicle.
Chrysler stated that the SKIS device does not provide any visable
or audible indication of unauthorized entry but that the theft data has
indicated a decline in theft rates for vehicle lines that have been
equipped with antitheft devices similar to that which it proposes to
install on the Dodge Journey vehicle line. The agency has previously
concluded that the lack of a visual or audible alarm has not prevented
these antitheft devices from being effective protection against theft.
In addressing the specific content requirements of 543.6, Chrysler
provided information on the reliability and durability of the device.
Chrysler conducted tests based on its own specified standards and
stated its belief that the device meets the stringent performance
standards prescribed. Specifically, Chrysler stated that its device
must demonstrate a minimum of 95 percent reliability with 90 percent
confidence. In addition to the design and production validation test
criteria, Chrysler stated that the SKIS also undergoes a daily short
term durability test. Chrysler also stated that 100% of its systems
undergo a series of three functional tests for durability prior to
being shipped from the supplier to the vehicle assembly plant for
installation in its vehicles.
Chrysler stated that while there is no theft data available for the
Dodge Journey because it's a new vehicle line introduction, experience
with the Chrysler Pacifica, a similar 5-door, front wheel drive/AWD
crossover vehicle indicates that the Dodge Journey is projected to have
a theft rate lower than the median theft rate. The average theft rate
for the Chrysler Pacifica using 3 Model Years (MY's) data is 1.9677.
Chrysler also stated that experience with the Jeep Grand Cherokee,
which was subject to the parts marking requirements and subsequently
equipped with ignition immobilizer systems as standard equipment,
indicate that even lower theft rates can be expected from a vehicle
equipped with standard ignition immobilizer systems. Chrysler has
offered the SKIS vehicle immobilizer system as standard equipment on
all Jeep Grand Cherokee vehicles since MY 1999. Chrysler indicated that
based on NHTSA's theft rate data, the average theft rate for Jeep Grand
Cherokee vehicles (1995-1998) before an immobilizer was offered as
standard equipment on the Jeep Grand Cherokee vehicles was 5.3574,
significantly above the median theft rate of 3.5826. However, the
average theft rate for the six model years (1999-2005) after
installation of the standard immobilizer device is 2.5492,
significantly lower than the median. The Jeep Grand Cherokee vehicle
line was granted an exemption from the parts-marking requirements
beginning with MY 2004. Chrysler further stated that NHTSA's theft data
for the Jeep Grand Cherokee indicates that the inclusion of a standard
immobilizer system has resulted in a 52.3% net average reduction in
vehicle thefts. On the basis of the previous comparisons, Chrysler has
concluded that the proposed anitheft device is no less effective than
those devices installed on lines for which NHTSA has already granted
full exemption form the parts-marking requirements.
Based on the information Chrysler has provided about its device,
the agency concludes that the antitheft device for the Dodge Journey
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 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.
As required by 49 U.S.C. 33106 and 49 CFR Part 543.6(a)(4) and (5),
the agency finds that Chrysler has provided adequate reasons for its
belief that the antitheft device will reduce and deter theft. This
conclusion is based on the information Chrysler provided about its
antitheft device.
For the foregoing reasons, the agency hereby grants in full
Chrysler's petition for an exemption for the MY 2010 Dodge Journey
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 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
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law enforcement agencies of new vehicle lines exempted from the parts-
marking requirements of the Theft Prevention Standard.
If Chrysler 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 Chrysler 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 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 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: September 30, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E8-23598 Filed 10-3-08; 8:45 am]
BILLING CODE 4910-59-P