Petition for Exemption From the Vehicle Theft Prevention Standard; Saab, 19673-19674 [2010-8660]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 72 (Thursday, April 15, 2010)]
[Notices]
[Pages 19673-19674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8660]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention 
Standard; Saab

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 Saab Cars North America, 
Inc.'s (Saab) petition for exemption of the 9-5 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 2011 model year.

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 telephone number is (202) 366-0846. Her fax number is 
(202) 493-2990.

SUPPLEMENTAL INFORMATION:  In a petition dated March 1, 2010, Saab 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard (49 CFR part 541) for the MY 2011 Saab 9-5 vehicle 
line. 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 
exemptions for one vehicle line per model year. In its petition, Saab 
provided a detailed description and diagram of the identity, design, 
and location of the components of the antitheft device for the Saab 9-5 
vehicle line. Saab will install its passive transponder-based, 
electronic immobilizer antitheft device as standard equipment on its 9-
5 vehicle line beginning with MY 2011. Major components of the 
antitheft device will include a body control module (BCM), passive 
entry passive start module (PEPS), intrusion/inclination sensor, an 
immobilizer control module and a user identification device (UID). 
Activation of the immobilization device occurs when the ignition is 
turned to the ``OFF'' position. Saab will also install an audible and 
visual alarm system on the 9-5 as standard equipment. Saab'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.
    Saab stated that before the vehicle can operate, driver 
authentication must be performed by communication between the PEPS and 
the BCM jointly with the UID (key fob). Additionally, verification of 
the electronic code is required to allow the transmission shift lever 
to unlock. When the Engine Start/Stop button on the instrument panel is 
pressed, the vehicle transmits a randomly generated 32-bit challenge 
and identifier. If the data matches the command and response values, 
authorizations are sent within the BCM to allow the vehicle to operate. 
Saab stated that, if incorrect responses are received at any point in 
the process, or if a response is not received, the system will inhibit 
operation of the engine.
    The Saab 9-5 is equipped with a vehicle alarm system (VAS). The VAS 
consists of an ultrasonic sensor and vehicle inclination sensor. Any 
attempt to enter the vehicle by means other than the key will be 
detected by the VAS. Saab stated that when an unauthorized person has 
entered the vehicle after the system has been set, the signal lights 
will flash, and the horn and an additional siren alarm will provide a 
warning. The VAS monitors the doors, engine hood and trunk lid. 
Additionally, Saab stated that any attempt to access any of the system 
components will activate the VAS.
    In addressing the specific content requirements of 543.6, Saab 
provided a detailed list of the tests conducted and believes that the 
device is reliable and durable since the device complied with its 
specified requirements for each test. Specifically, Saab stated that 
the design and assembly processes of the antitheft subsystems and 
components were validated for climatic, mechanical and chemical 
environments under the General Motors Corporation validation 
procedures.
    In support of its belief that its antitheft device will be as 
effective as compliance with the parts marking requirements in reducing 
and deterring vehicle theft, Saab referenced the American Automobile 
Manufacturers Association response to Docket 97-042; NHTSA Request for 
Comments on its preliminary report to Congress on the effects of the 
Anti Car theft Act of 1984 provides data supporting that the anti-theft 
device will be effective in reducing and deterring motor vehicle theft. 
Additionally, Saab stated that the 2011 9-5 antitheft device, which was 
introduced on the 2003 Saab 9-3, has been designed to enhance the 
functionality and theft protection provided by Saab's first generation 
antitheft system. The Saab 9-3 was formerly named the Saab 900. The 
antitheft device installed on the Saab 9-3 (Saab 900) was granted an 
exemption from the parts-marking requirements. (See 62 FR 55453).
    Saab provided data on the effectiveness of the antitheft device 
installed on its 9-3 vehicle line in support of the belief that its 
device will be at least as effective as those comparable devices 
previously granted exemptions by the agency. The agency's 2007 theft 
data showed that the theft rate for the 9-3 vehicle line has remained 
consistently low. The average theft rate using three MY's data for the 
9-3 is 0.4690. Based on the theft rate experience of the 9-3 vehicle 
line and the additional advanced technology utilized in the current 9-5 
antitheft system, Saab believes that the Saab 9-5 will be more 
effective in deterring

[[Page 19674]]

theft than the parts-marking requirements of 49 CFR 541.
    Based on the supporting evidence submitted by Saab on the device, 
the agency believes that the antitheft device for the 9-5 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 the five types of performance listed in Sec.  543.6(a)(3): 
promoting activation; attracting attention to the efforts of 
unauthorized persons to enter or operate 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 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 Saab has provided adequate reasons for its belief that the 
antitheft device for the Saab 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 Saab provided 
about its device.
    For the foregoing reasons, the agency hereby grants in full Saab's 
petition for exemption for the Saab 9-5 vehicle line from the parts-
marking requirements of 49 CFR part 541, beginning with the 2011 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 Saab 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 Parts 541.5 
and 541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if Saab 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, Part 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 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: April 12, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-8660 Filed 4-14-10; 8:45 am]
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