Petition for Exemption From the Vehicle Theft Prevention Standard; Mitsubishi Motors, 20486-20488 [2012-8049]
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20486
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
Hoses, 109 New Pneumatic Tires, 113
Hood Latch System, 116 Motor Vehicle
Brake Fluids, 124 Accelerator Control
Systems, 135 Light Vehicle Brake
Systems, 202 Head Restraints, 204
Steering Control Rearward
Displacement, 205 Glazing Materials,
207 Seating Systems, 210 Seat Belt
Assembly Anchorages, 212 Windshield
Mounting, 216 Roof Crush Resistance,
219 Windshield Zone Intrusion, and 302
Flammability of Interior Materials.
The petitioner also contends that the
vehicles are capable of being readily
altered to meet the following standards,
in the manner indicated:
Standard No. 101 Controls and
Displays: (a) Inscription of the word
‘‘brake’’ on the brake telltale in place of
the international ECE warning symbol;
and (b) replacement of the speedometer
with a unit reading in miles per hour,
or modification of the existing
speedometer so that it reads in miles per
hour.
Standard No. 108 Lamps, Reflective
Devices and Associated Equipment:
installation of the following components
on vehicles that are not already so
equipped: (a) U.S.-model front side
marker lamps; (b) U.S.-model
headlamps; (c) U.S.-model tail lamps
that incorporate rear side marker lights;
(d) U.S.-model high-mounted stop lamp;
and (e) front and rear side reflex
reflectors.
Standard No. 110 Tire Selection and
Rims: installation of a tire information
placard on vehicles that are not already
so equipped.
Standard No. 111 Rearview Mirrors:
installation of a U.S.-model passenger
side rearview mirror, or inscription of
the required warning statement on the
face of the existing mirror.
Standard No. 114 Theft Protection:
installation of a supplemental key
warning buzzer, or reprogramming of
the starting system to meet the
requirements of this standard.
Standard No. 118 Power-Operated
Window, Partition, and Roof Panel
Systems: reprogramming or rewiring of
the power operated window system to
meet the requirements of this standard.
Standard No. 201 Occupant
Protection in Interior Impact: inspection
of each vehicle and replacement of non
U.S.-model upper interior components
with U.S.-model components to meet
the requirements of this standard on
vehicles not already so equipped.
Standard No. 206 Door Locks and
Door Retention Components: inspection
of each vehicle and replacement of non
U.S.-model door lock components with
U.S.-model components on vehicles that
are not already so equipped.
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Standard No. 208 Occupant Crash
Protection: inspection of each vehicle
and (a) installation of a seat belt
warning lamp and buzzer on vehicles
that are not already so equipped; and (b)
replacement of any non U.S.- model air
bags, air bag control units, sensors, seat
belts, and knee bolsters on vehicles that
are not already so equipped. The
petitioner states that the vehicles are
equipped with an automatic restraint
system that consists of dual front air
bags and knee bolsters. In addition, the
vehicles have combination lap and
shoulder belts at the outboard front and
rear seating positions that are selftensioning and capable of being released
by means of a single red push button.
Standard No. 209 Seat Belt
Assemblies: inspection of each vehicle
and replacement of any non U.S.certified model seat belts with U.S.model components.
Standard No. 214 Side Impact
Protection: inspection of each vehicle
and installation of door reinforcements
to meet the requirements of the standard
on vehicles that are not already so
equipped.
Standard No. 225 Child Restraint
Anchorage Systems: inspection of each
vehicle and installation of U.S.-model
child restraint anchorage system
components on vehicles not already no
so equipped.
Standard No. 301 Fuel System
Integrity: inspection of each vehicle and
replacement of any non U.S.-model fuel
system components with U.S.-model
components on vehicles not already so
equipped.
The petitioner additionally states that
a vehicle identification plate must be
affixed to the vehicles near the left
windshield post to meet the
requirements of 49 CFR Part 565.
All comments received before the
close of business on the closing date
indicated above will be considered, and
will be available for examination in the
docket at the above addresses both
before and after that date. To the extent
possible, comments filed after the
closing date will also be considered.
Notice of final action on the petition
will be published in the Federal
Register pursuant to the authority
indicated below.
Authority: 49 U.S.C. 30141(a)(1)(A) and
(b)(1); 49 CFR 593.8; delegations of authority
at 49 CFR 1.50 and 501.8.
Issued on: March 28, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012–8003 Filed 4–3–12; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Vehicle Theft Prevention Standard;
Mitsubishi Motors
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
AGENCY:
This document grants in full
the Mitsubishi Motors R&D of America,
Inc.’s (Mitsubishi) petition for
exemption of the Mitsubishi i-MiEV
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 49 CFR
part 541, Federal Motor Vehicle Theft
Prevention Standard. Mitsubishi
requested confidential treatment for
specific information in its petition. The
agency addressed Mitsubishi’s request
for confidential treatment by letter dated
February 14, 2012.
DATES: The exemption granted by this
notice is effective beginning with the
2013 model year (MY).
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
phone number is (202) 366–0846. Her
fax number is (202) 493–2990.
SUPPLEMENTARY INFORMATION: In a
petition dated January 3, 2012,
Mitsubishi requested exemption from
the parts-marking requirements of the
Theft Prevention Standard (49 CFR Part
541) for the Mitsubishi i-MiEV vehicle
line, beginning with MY 2013. 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 § 543.5(a), a manufacturer may
petition NHTSA to grant an exemption
for one vehicle line per model year. In
its petition, Mitsubishi provided a
detailed description and diagram of the
identity, design and location of the
components of the antitheft device for
the i-MiEV vehicle line. Mitsubishi will
install a passive, transponder-based,
SUMMARY:
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electronic engine immobilizer system as
standard equipment on its i-MiEV
vehicle line beginning with MY 2013.
Features of the antitheft device will
include a transponder key, Electronic
Time and Alarm Control System
Electronic Control Unit (ETACS ECU)
and an Electric Vehicle Electronic
Control Unit (EV ECU), key ring antenna
and a passive immobilizer. Mitsubishi
will also incorporate an audible and
visual alarm system as standard
equipment on the entire vehicle line.
Mitsubishi’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.
Mitsubishi stated that the
transponder-based, electronic engine
immobilizer device prevents
unauthorized starting of the engine. The
transponder is located in a traditional
key that must be inserted into the key
cylinder and turned to the ‘‘ON’’
position in order to activate the ignition.
Mitsubishi also stated that activation of
the immobilizer does not require the
doors to be locked. Activation of the
device automatically occurs when the
ignition switch is turned to the ‘‘OFF’’
position with a valid key and
deactivated when it is turned to the
‘‘ON’’ position with an invalid key.
Mitsubishi further stated that the
immobilizer system checks the key code
once the ignition switch is turned to the
‘‘ON’’ position. The key ring antenna
reads the specific ignition key code for
the vehicle and transmits an encrypted
message containing the key code to the
ETACS ECU. The ETACS ECU
determines if the key is valid and
authorizes the engine to start by sending
a separate encrypted message to the EV
ECU. The engine will start only if the
key code matches the unique
identification key code previously
programmed into the EV ECU. If the
codes do not match, the engine will be
disabled.
In addressing the specific content
requirements of 543.6, Mitsubishi
provided information on the reliability
and durability of its proposed device.
To ensure reliability and durability of
the device, Mitsubishi conducted tests
based on its own specified standards.
Mitsubishi provided a detailed list of
the tests conducted and believes that the
device is reliable and durable since the
device complied with its specific
requirements for each test. Mitsubishi
additionally stated that its immobilizer
system is further enhanced by several
factors making it very difficult to defeat.
Specifically, Mitsubishi stated that
communication between the
transponder and the ECU are encrypted
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15:28 Apr 03, 2012
Jkt 226001
and that there are over 4.3 billion
possible key codes that make successful
key code duplication virtually
impossible. Mitsubishi also stated that
its immobilizer system and the ECU
share security data during vehicle
assembly that make them a matched set.
These matched modules will not
function if taken out and reinstalled
separately on other vehicles. Mitsubishi
further stated that it is impossible to
mechanically override the system and
start the vehicle, because the vehicle
will not be able to start without the
transmission of the specific code to the
electronic control module. Lastly,
Mitsubishi stated that the antitheft
device is extremely reliable and durable
because there are no moving parts, nor
does the key require a separate battery.
Mitsubishi informed the agency that
the i-MiEV vehicle line was first
equipped with the proposed device
beginning with its MY 2012 vehicles.
Additionally, Mitsubishi informed the
agency that the Eclipse, Galant,
Endeavor, Outlander, Lancer and
Outlander Sport vehicle lines have been
equipped with a similar type of
immobilizer device since January 2000,
January 2004, April 2004, September
2006, March 2007 and September 2010
respectively, and they have all been
granted parts-marking exemptions by
the agency. Mitsubishi also stated that
beginning with its MY 2000 vehicles,
the Eclipse vehicle line has been
equipped with a similar device.
Mitsubishi further stated that the theft
rate for the MY 2000 Eclipse decreased
by almost 42 percent when compared
with that of its MY 1999 Mitsubishi
Eclipse (unequipped with an
immobilizer device). Mitsubishi has
concluded that the antitheft device
proposed for its vehicle line is no less
effective than those devices in the lines
for which NHTSA has already granted
full exemption from the parts-marking
requirements. The average theft rates
using three MY’s data for the Mitsubishi
Eclipse, Galant, Endeavor, Outlander
and Lancer vehicle lines and are 2.5788,
5.1114, 1.3723, 0.6374 and 2.5519
respectively, and theft rates are not
available for the Outlander Sport
vehicle line.
Based on the supporting evidence
submitted by Mitsubishi on the device,
the agency believes that the antitheft
device for the i-MiEV 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
the five types of performance listed in
§ 543.6(a)(3): Promoting activation,
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20487
attract attention to the efforts of an
unauthorized person to enter or move 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 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 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 Mitsubishi
has provided adequate reasons for its
belief that the antitheft device for the
Mitsubishi i-MiEV 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
Mitsubishi provided about its device.
For the foregoing reasons, the agency
hereby grants in full Mitsubishi’s
petition for exemption for the Outlander
Sport vehicle line from the partsmarking requirements of 49 CFR part
541, beginning with the 2013 MY
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 Mitsubishi 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 Mitsubishi
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
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Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
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 § 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.
statements for consideration. Due to
limited conference lines, notification of
intent to participate must be made with
Ms. Jenkins. For more information
please contact Ms. Jenkins at 1–888–
912–1227 or 718–488–2085, or write
TAP Office, 10 MetroTech Center, 625
Fulton Street, Brooklyn, NY 11201, or
post comments to the Web site: https://
www.improveirs.org.
The agenda will include various IRS
issues.
Dated: March 26, 2012.
Louis Morizio,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. 2012–7996 Filed 4–3–12; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Open Meeting of the Taxpayer
Advocacy Panel Small Business/SelfEmployed Decreasing Non-Filers
Project Committee
Internal Revenue Service (IRS),
Treasury.
AGENCY:
ACTION:
Notice of meeting.
An open meeting of the
Taxpayer Advocacy Panel Small
Business/Self-Employed Decreasing
Non-Filers Project Committee will be
conducted. The Taxpayer Advocacy
Panel is soliciting public comments,
ideas, and suggestions on improving
customer service at the Internal Revenue
Service.
SUMMARY:
Authority: 49 U.S.C. 33106; delegation of
authority at 49 CFR 1.50.
Open Meeting of the Taxpayer
Advocacy Panel Joint Committee
DATES:
Issued on: March 28, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
AGENCY:
Internal Revenue Service (IRS)
Treasury.
ACTION: Notice of meeting.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2012–8049 Filed 4–3–12; 8:45 am]
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Open Meeting of Taxpayer Advocacy
Panel Taxpayer Burden Reduction
Project Committee
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of meeting.
AGENCY:
An open meeting of the
Taxpayer Advocacy Panel Taxpayer
Burden Reduction Project Committee
will be conducted. The Taxpayer
Advocacy Panel is soliciting public
comments, ideas and suggestions on
improving customer service at the
Internal Revenue Service.
DATES: The meeting will be held
Wednesday, April 18, 2012.
FOR FURTHER INFORMATION CONTACT:
Audrey Y. Jenkins at 1–888–912–1227
or 718–488–2085.
SUPPLEMENTARY INFORMATION: Notice is
hereby given pursuant to section
10(a)(2) of the Federal Advisory
Committee Act, 5 U.S.C. App. (1988)
that an open meeting of the Taxpayer
Advocacy Panel Taxpayer Burden
Reduction Project Committee will be
held Wednesday, April 18, 2012, at 2:30
p.m. Eastern Time via telephone
conference. The public is invited to
make oral comments or submit written
emcdonald on DSK29S0YB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
15:28 Apr 03, 2012
An open meeting of the
Taxpayer Advocacy Panel Joint
Committee will be conducted. The
Taxpayer Advocacy Panel is soliciting
public comments, ideas, and
suggestions on improving customer
service at the Internal Revenue Service.
DATES: The meeting will be held
Wednesday, April 25, 2012.
FOR FURTHER INFORMATION CONTACT:
Susan Gilbert at 1–888–912–1227 or
(515) 564–6638.
SUPPLEMENTARY INFORMATION: Notice is
hereby given pursuant to Section
10(a)(2) of the Federal Advisory
Committee Act, 5 U.S.C. App. (1988)
that an open meeting of the Taxpayer
Advocacy Panel Joint Committee will be
held Wednesday, April 25, 2012, 2 p.m.
Eastern Time via teleconference. The
public is invited to make oral comments
or submit written statements for
consideration. Notification of intent to
participate must be made with Susan
Gilbert. For more information please
contact Ms. Gilbert at 1–888–912–1227
or (515) 564–6638 or write: TAP Office,
210 Walnut Street, Stop 5115, Des
Moines, IA 50309 or contact us at the
Web site: https://www.improveirs.org.
The agenda will include various IRS
topics.
SUMMARY:
BILLING CODE 4910–59–P
Jkt 226001
The meeting will be held
Thursday April 26 and Friday, April 27,
2012.
Patricia Robb at 1–888–912–1227 or
414–231–2360.
Notice is
hereby given pursuant to Section
10(a)(2) of the Federal Advisory
Committee Act, 5 U.S.C. App. (1988)
that an open meeting of the Taxpayer
Advocacy Panel Small Business/SelfEmployed Decreasing Non-Filers Project
Committee will be held Thursday, April
26 from 8 a.m. to 5 p.m. and Friday,
April 27 from 8 a.m. to Noon Central
Time at 211 West Wisconsin Avenue,
Milwaukee, WI 53203–2221. The public
is invited to make oral comments or
submit written statements for
consideration. Notification of intent to
participate must be made with Ms.
Patricia Robb. For more information
please contact Ms. Robb at 1–888–912–
1227 or 414–231–2360, or write TAP
Office Stop 1006MIL, 211 West
Wisconsin Avenue, Milwaukee, WI
53203–2221, or post comments to the
Web site: https://www.improveirs.org.
The agenda will include various IRS
issues.
SUPPLEMENTARY INFORMATION:
Dated: March 27, 2012.
Louis Morizio,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. 2012–7997 Filed 4–3–12; 8:45 am]
BILLING CODE 4830–01–P
Dated: March 26, 2012.
Louis Morizio,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. 2012–8008 Filed 4–3–12; 8:45 am]
BILLING CODE 4830–01–P
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Agencies
[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20486-20488]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8049]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; Mitsubishi Motors
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
-----------------------------------------------------------------------
SUMMARY: This document grants in full the Mitsubishi Motors R&D of
America, Inc.'s (Mitsubishi) petition for exemption of the Mitsubishi
i-MiEV 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 49 CFR part 541, Federal Motor Vehicle Theft
Prevention Standard. Mitsubishi requested confidential treatment for
specific information in its petition. The agency addressed Mitsubishi's
request for confidential treatment by letter dated February 14, 2012.
DATES: The exemption granted by this notice is effective beginning with
the 2013 model year (MY).
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 phone number is (202) 366-0846. Her fax number is (202)
493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated January 3, 2012,
Mitsubishi requested exemption from the parts-marking requirements of
the Theft Prevention Standard (49 CFR Part 541) for the Mitsubishi i-
MiEV vehicle line, beginning with MY 2013. 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 an
exemption for one vehicle line per model year. In its petition,
Mitsubishi provided a detailed description and diagram of the identity,
design and location of the components of the antitheft device for the
i-MiEV vehicle line. Mitsubishi will install a passive, transponder-
based,
[[Page 20487]]
electronic engine immobilizer system as standard equipment on its i-
MiEV vehicle line beginning with MY 2013. Features of the antitheft
device will include a transponder key, Electronic Time and Alarm
Control System Electronic Control Unit (ETACS ECU) and an Electric
Vehicle Electronic Control Unit (EV ECU), key ring antenna and a
passive immobilizer. Mitsubishi will also incorporate an audible and
visual alarm system as standard equipment on the entire vehicle line.
Mitsubishi'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.
Mitsubishi stated that the transponder-based, electronic engine
immobilizer device prevents unauthorized starting of the engine. The
transponder is located in a traditional key that must be inserted into
the key cylinder and turned to the ``ON'' position in order to activate
the ignition. Mitsubishi also stated that activation of the immobilizer
does not require the doors to be locked. Activation of the device
automatically occurs when the ignition switch is turned to the ``OFF''
position with a valid key and deactivated when it is turned to the
``ON'' position with an invalid key. Mitsubishi further stated that the
immobilizer system checks the key code once the ignition switch is
turned to the ``ON'' position. The key ring antenna reads the specific
ignition key code for the vehicle and transmits an encrypted message
containing the key code to the ETACS ECU. The ETACS ECU determines if
the key is valid and authorizes the engine to start by sending a
separate encrypted message to the EV ECU. The engine will start only if
the key code matches the unique identification key code previously
programmed into the EV ECU. If the codes do not match, the engine will
be disabled.
In addressing the specific content requirements of 543.6,
Mitsubishi provided information on the reliability and durability of
its proposed device. To ensure reliability and durability of the
device, Mitsubishi conducted tests based on its own specified
standards. Mitsubishi provided a detailed list of the tests conducted
and believes that the device is reliable and durable since the device
complied with its specific requirements for each test. Mitsubishi
additionally stated that its immobilizer system is further enhanced by
several factors making it very difficult to defeat. Specifically,
Mitsubishi stated that communication between the transponder and the
ECU are encrypted and that there are over 4.3 billion possible key
codes that make successful key code duplication virtually impossible.
Mitsubishi also stated that its immobilizer system and the ECU share
security data during vehicle assembly that make them a matched set.
These matched modules will not function if taken out and reinstalled
separately on other vehicles. Mitsubishi further stated that it is
impossible to mechanically override the system and start the vehicle,
because the vehicle will not be able to start without the transmission
of the specific code to the electronic control module. Lastly,
Mitsubishi stated that the antitheft device is extremely reliable and
durable because there are no moving parts, nor does the key require a
separate battery.
Mitsubishi informed the agency that the i-MiEV vehicle line was
first equipped with the proposed device beginning with its MY 2012
vehicles. Additionally, Mitsubishi informed the agency that the
Eclipse, Galant, Endeavor, Outlander, Lancer and Outlander Sport
vehicle lines have been equipped with a similar type of immobilizer
device since January 2000, January 2004, April 2004, September 2006,
March 2007 and September 2010 respectively, and they have all been
granted parts-marking exemptions by the agency. Mitsubishi also stated
that beginning with its MY 2000 vehicles, the Eclipse vehicle line has
been equipped with a similar device. Mitsubishi further stated that the
theft rate for the MY 2000 Eclipse decreased by almost 42 percent when
compared with that of its MY 1999 Mitsubishi Eclipse (unequipped with
an immobilizer device). Mitsubishi has concluded that the antitheft
device proposed for its vehicle line is no less effective than those
devices in the lines for which NHTSA has already granted full exemption
from the parts-marking requirements. The average theft rates using
three MY's data for the Mitsubishi Eclipse, Galant, Endeavor, Outlander
and Lancer vehicle lines and are 2.5788, 5.1114, 1.3723, 0.6374 and
2.5519 respectively, and theft rates are not available for the
Outlander Sport vehicle line.
Based on the supporting evidence submitted by Mitsubishi on the
device, the agency believes that the antitheft device for the i-MiEV
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 the five types of performance
listed in Sec. 543.6(a)(3): Promoting activation, attract attention to
the efforts of an unauthorized person to enter or move 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 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 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 Mitsubishi has provided adequate reasons for its belief that
the antitheft device for the Mitsubishi i-MiEV 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
Mitsubishi provided about its device.
For the foregoing reasons, the agency hereby grants in full
Mitsubishi's petition for exemption for the Outlander Sport vehicle
line from the parts-marking requirements of 49 CFR part 541, beginning
with the 2013 MY 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 Mitsubishi 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 Mitsubishi 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
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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 28, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-8049 Filed 4-3-12; 8:45 am]
BILLING CODE 4910-59-P