Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; American Honda Motor Co., Inc., 5187-5189 [2019-02723]
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17:16 Feb 19, 2019
Jkt 247001
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Dated: February 14, 2019.
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.
Secretary, Maritime Administration.
[FR Doc. 2019–02766 Filed 2–19–19; 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; American Honda Motor Co.,
Inc.
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
AGENCY:
This document grants in full
the American Honda Motor Co., Inc.’s
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
5187
(Honda) petition for exemption of the
2019 Model Year (MY) Passport vehicle
line in accordance with Exemption from
Vehicle Theft Prevention Standard.
NHTSA is granting this petition because
the agency has determined that the
antitheft device to be placed on the
vehicle 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 Federal Motor
Vehicle Theft Prevention Standard
(Theft Prevention Standard).
DATES: The exemption granted by this
notice is effective beginning with the
2019 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms.
Carlita Ballard, Office of International
Policy, Fuel Economy and Consumer
Programs, NHTSA, West Building,
W43–439, 1200 New Jersey Avenue SE,
Washington, DC 20590. Ms. Ballard’s
phone number is 202–366–5222. Her fax
number is (202) 493–2990.
SUPPLEMENTARY INFORMATION: In a
petition dated March 16, 2018, Honda
requested an exemption from the partsmarking requirements of the Theft
Prevention Standard for the Passport
vehicle line beginning with MY 2019.
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 49 CFR part 543.5(a), a
manufacturer may petition NHTSA to
grant an exemption for one vehicle line
per model year. In its petition, Honda
provided a detailed description and
diagram of the identity, design, and
location of the components of the
antitheft device for the Passport vehicle
line. Honda stated that both the 2-wheel
drive and all-wheel drive variants of its
Passport vehicle line will be equipped
with a transponder-based engine
immobilizer antitheft device as standard
equipment. Honda also stated that the
Passport vehicle line will be equipped
with a ‘‘smart entry with push button
start’’ ignition system (‘‘smart entry’’)
and an audible and visible vehicle
security alarm system as standard
equipment on the entire vehicle line.
Key components of the antitheft device
will include a passive immobilizer,
‘‘smart entry’’ remote, powertrain
control module (PCM) and an
Immobilizer Entry System (IMOES).
Honda’s submission is considered a
complete petition as required by 49 CFR
543.8, in that it meets the general
requirements contained in § 543.5 and
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Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices
the specific content requirements of
§ 543.6.
In addressing the specific content
requirements of § 543.6, Honda
provided information on the reliability
and durability of its proposed device.
To ensure the reliability and durability
of the device, Honda provided the
requirements and results of the testing
it conducted based on its own specified
standards. Honda believes that the
device is reliable and durable since it
complied with the specified
requirements for each test and that
installation of the antitheft device as
standard equipment on the Passport
vehicle line will reduce its theft rates
and prove to be more effective than
parts marking. Honda stated that it also
follows a rigorous development process
that ensure that its antitheft device is
reliable and robust for the life of the
vehicle. In further support of the
reliability and durability of its antitheft
device, Honda also stated that its
antitheft device does not require the
presence of a key fob remote battery to
function nor does it have any moving
parts, which it believes reduces the
chance for deterioration and wear from
normal use.
Honda stated that its ‘‘smart entry’’
antitheft device requires a remote fob
‘‘smart entry remote/keyless key with a
matching code to start the vehicle.
Honda stated that its immobilizer device
is always active and automatically
checks for the matching immobilizer
code when the ‘‘smart entry’’ remote is
within operating range. Upon validation
of the matching code by the IMOES,
pushing the engine start/stop button on
the vehicle dashboard allows the engine
to start and the driver the ability to
operate the vehicle. Honda further states
that if a ‘‘smart entry’’ remote without
a matching code is placed inside the
operating range and the engine start/
stop button is pushed, the PCM will
prevent fueling and starting of the
engine and the ignition immobilizer
telltale indicator will begin flashing on
the instrument panel.
Honda stated that it will also install
an audible and visible vehicle security
system as standard equipment on all its
Passport vehicles to attract attention to
an unauthorized person attempting to
enter its vehicles without a key or
remote through the doors, hood, or
trunk. Whenever an attempt is made to
open one of its protected areas without
using the correct key in one of the key
cylinders or the key fob to disarm the
vehicle, the vehicle’s horn will sound
and its lights will flash. Honda further
stated that its antitheft device is
activated when all the doors are locked
and the hood and trunk are closed and
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17:16 Feb 19, 2019
Jkt 247001
locked. Honda’s antitheft device is
deactivated when either of the key fob
buttons are used to unlock the vehicle
doors, the driver’s door is unlocked by
using the key in the key cylinder or
either of the front door handles are
grabbed when the ‘‘smart entry remote’’
is within operating range of the vehicle.
Honda further stated that its antitheft
device automatically activates at every
vehicle shutdown and deactivates at
every vehicle start, without requiring
any action from the vehicle operator.
Honda believes that the design of its
door keys and key cylinders will
provide additional reliability, durability
and security. Honda stated that its door
keys and key cylinders will prohibit
theft because they are designed to be
more resistant to picking and
duplication is controlled by authorized
dealers. Honda further stated that the
key fob remotes will also utilize rolling
codes for the lock and unlock features,
the hood release lever will be securely
located inside the vehicle, the vehicle
will be equipped with counterfeitresistant vehicle identification number
(VIN) plates and secondary VINs will be
inscribed on the vehicle frame, ensuring
further reliability, durability and vehicle
security.
In support of its belief that its
antitheft device will be as or more
effective in reducing and deterring
vehicle theft than the parts-marking
requirement, Honda referenced data
showing several instances of the
effectiveness of its proposed
immobilizer device. Honda stated that it
believes the immobilizer antitheft
device proposed for installation on its
Passport vehicle line will be as effective
in reducing and deterring theft as the
antitheft device installed on its MY
2003–2014 Honda Pilot vehicle line
because both vehicles will be installed
with the same basic immobilizer and
share the same platform. Honda also
provided the testing results for the
immobilizer device currently installed
on its Pilot vehicle line. Honda stated
that the Pilot’s antitheft device is similar
in design to that proposed for
installation on its Passport vehicle line
and has already been granted an
exemption from the parts marking
requirements (See 81 FR 12197, March
8, 2016).
Honda also submitted supporting data
from the Insurance Institute for
Highway Safety (IIHS) and the agency
for the years after installation of the
immobilizer device on the Pilot vehicle,
showing a sustained decreasing theft
rate trend over the years. Honda first
installed an immobilizer device as
standard equipment on its MY 2003
Honda Pilot vehicles. Honda also
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Fmt 4703
Sfmt 4703
referenced NHTSA’s theft rate data for
MYs 2003–2014 showing a consistent
rate of thefts well below the 1990/91
median theft rate (3.5826) since the
installation of its immobilizer device on
the Honda Pilot vehicle line. NHTSA
notes that the theft rates for the MYs
2012–2014 Honda Pilot vehicle line are
0.9846, 1.2111 and 0.5446 respectively.
Using an average of three MYs’ theft
data (2012–2014), the theft rate for the
Honda Pilot vehicle line is well below
the median at 0.9134. Additionally,
Honda referenced the IIHS 2003–2015
Insurance Theft Report showing an
overall reduction in theft claims for the
Honda Pilot vehicles after introduction
of its immobilizer device on the vehicle
line. Specifically, the IIHS data showed
for years 2003 through 2015, theft
claims for the Honda Pilot were 427
(2003–2005), 563 (2006–2008), 361
(2009–2011), 389 (2012–2014) and 335
(2012–2015) respectively. Honda also
stated that the IIHS data further revealed
that while the Pilot vehicle line has
sustained lower theft rates over the
years, it has also experienced the top ten
lowest theft rates from 2006–2009 when
compared to other competitive vehicles
that have already been granted an
exemption by the agency.
Additionally, Honda stated that the
immobilizer device proposed for the
Passport vehicle line is similar to the
design of antitheft devices installed on
its 2014 Honda Civic, 2015 Honda
Accord, 2016 Honda CR–V, 2017 Honda
Pilot and 2018 Acura MDX vehicles
which have already been granted partsmarking exemptions by the agency. The
agency granted the petitions for the
Honda Civic vehicle line in full
beginning with MY 2014 (see 61 FR
19363, March 29, 2013), the Honda
Accord vehicle line beginning with MY
2015 (see 79 FR 18409, April 1, 2014),
the Honda CR–V vehicle line beginning
with MY 2016 (see 80 FR 3733, January
23, 2015), the Honda Pilot beginning
with MY 2017 (see 81 FR 12197, March
8, 2016) and the Acura MDX beginning
with MY 2018 (see 82 FR 22055, May
11, 2017). The agency notes that the
average theft rate for the Honda Civic,
Accord, CR–V, Pilot and MDX vehicle
lines using three MYs’ data (MYs 2012
through 2014) are 0.6611, 0.7139,
0.3203, 0.9134 and 0.4630 respectively.
Based on the supporting evidence
submitted by Honda on its device, the
agency believes that the antitheft device
for the Passport 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: Promote activation; attract
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Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices
attention to the efforts of an
unauthorized person to enter or move a
vehicle by means other than a key;
prevent defeat or circumvention of the
device by unauthorized persons;
prevent operation of the vehicle by
unauthorized entrants; and ensure the
reliability and durability of the device,
as required by § 543.6(a)(3).
Pursuant to 49 U.S.C. 33106 and 49
CFR 543.8 (b), the agency grants a
petition for exemption from the partsmarking 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 Honda has provided adequate
reasons for its belief that the antitheft
device for the Passport 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. This conclusion is based on
the information Honda provided about
its device.
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 543.8(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 Honda 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 Honda 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 543.8(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, Part
543.10(c)(2) provides for the submission
of petitions ‘‘to modify an exemption to
permit the use of an antitheft device
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17:16 Feb 19, 2019
Jkt 247001
similar to but differing from the one
specified in that exemption.’’
The agency wishes to minimize the
administrative burden that Part
543.10(c)(2) could place on exempted
vehicle manufacturers and itself. In
order to reduce the administrative
burden, at the manufacturer’s option,
the agency can be consulted about
whether a change can be characterized
as de minimis. This may save the
manufacturer the time to prepare and
submit a petition to modify its antitheft
device if indeed the agency determines
the change to 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 its
exemption.
NHTSA also notes that Honda has
requested confidential treatment
seeking, among other things, that
NHTSA keep the model name and
release date of the Passport vehicle line
confidential until the ‘‘model is
announced by Honda.’’ Although the
agency has found several Honda dealer
websites announcing the future arrival
of the 2019 Passport, Honda reports that
the company has not announced the MY
or intended name of this model. As
noted at the time NHTSA issued the
final rule establishing part 543,
manufacturers requested that NHTSA
treat a model name as confidential until
the model is introduced rather than at
the time the agency granted an
exemption petition.1 The Agency stated
that any secrecy regarding a model
name must be balanced against the need
of law enforcement agencies to know
which car lines will be required to be
marked under the theft prevention
standard.2 NHTSA determined that it
will treat a model name as confidential
until the June 1 immediately preceding
the new vehicle’s first model year if a
manufacturer can show that it has not
released a new model’s nameplate either
to dealers or to any other portion of the
public. Id. Because June 1, 2018 has
now passed, the Agency is releasing the
model name and year in deference to
the need of law enforcement to identify
exempt vehicles.
For the foregoing reasons, the agency
hereby grants in full Honda’s petition
for exemption for the Passport vehicle
line from the parts-marking
requirements of 49 CFR part 541,
beginning with the 2019 model year
vehicles.
1 52
FR 33821, 33824, September 8, 1987.
2 Id.
PO 00000
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5189
Issued in Washington, DC, under authority
delegated in 49 CFR 1.95 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2019–02723 Filed 2–19–19; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Federal Motor Vehicle Theft Prevention
Standard; American Honda Motor Co.,
Inc.
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
AGENCY:
This document grants in full
the American Honda Motor Co., Inc.’s
(Honda) petition for exemption of the
2020 Acura TLX vehicle line in
accordance with Exemption from
Vehicle 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 Federal
Motor Vehicle Theft Prevention
Standard (Theft Prevention Standard).
DATES: The exemption granted by this
notice is effective beginning with the
2020 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms.
Carlita Ballard, Office of International
Policy, Fuel Economy and Consumer
Programs, NHTSA, West Building,
W43–439, NRM–310, 1200 New Jersey
Avenue SE, Washington, DC 20590. Ms.
Ballard’s phone number is (202) 366–
5222. Her fax number is (202) 493–2990.
SUPPLEMENTARY INFORMATION: In a
petition dated July 30, 2018, Honda
requested an exemption from the partsmarking requirements of the Theft
Prevention Standard for the Acura TLX
vehicle line beginning with MY 2020.
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 49 CFR part 543.5(a), a
manufacturer may petition NHTSA to
grant an exemption for one vehicle line
per model year. In its petition, Honda
provided a detailed description and
diagram of the identity, design, and
location of the components of the
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Pages 5187-5189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02723]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; American Honda Motor Co., Inc.
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
-----------------------------------------------------------------------
SUMMARY: This document grants in full the American Honda Motor Co.,
Inc.'s (Honda) petition for exemption of the 2019 Model Year (MY)
Passport vehicle line in accordance with Exemption from Vehicle Theft
Prevention Standard. NHTSA is granting this petition because the agency
has determined that the antitheft device to be placed on the vehicle
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 Federal Motor Vehicle Theft Prevention Standard
(Theft Prevention Standard).
DATES: The exemption granted by this notice is effective beginning with
the 2019 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, West
Building, W43-439, 1200 New Jersey Avenue SE, Washington, DC 20590. Ms.
Ballard's phone number is 202-366-5222. Her fax number is (202) 493-
2990.
SUPPLEMENTARY INFORMATION: In a petition dated March 16, 2018, Honda
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard for the Passport vehicle line beginning with MY
2019. 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 49 CFR part 543.5(a), a manufacturer may petition NHTSA to
grant an exemption for one vehicle line per model year. In its
petition, Honda provided a detailed description and diagram of the
identity, design, and location of the components of the antitheft
device for the Passport vehicle line. Honda stated that both the 2-
wheel drive and all-wheel drive variants of its Passport vehicle line
will be equipped with a transponder-based engine immobilizer antitheft
device as standard equipment. Honda also stated that the Passport
vehicle line will be equipped with a ``smart entry with push button
start'' ignition system (``smart entry'') and an audible and visible
vehicle security alarm system as standard equipment on the entire
vehicle line. Key components of the antitheft device will include a
passive immobilizer, ``smart entry'' remote, powertrain control module
(PCM) and an Immobilizer Entry System (IMOES).
Honda's submission is considered a complete petition as required by
49 CFR 543.8, in that it meets the general requirements contained in
Sec. 543.5 and
[[Page 5188]]
the specific content requirements of Sec. 543.6.
In addressing the specific content requirements of Sec. 543.6,
Honda provided information on the reliability and durability of its
proposed device. To ensure the reliability and durability of the
device, Honda provided the requirements and results of the testing it
conducted based on its own specified standards. Honda believes that the
device is reliable and durable since it complied with the specified
requirements for each test and that installation of the antitheft
device as standard equipment on the Passport vehicle line will reduce
its theft rates and prove to be more effective than parts marking.
Honda stated that it also follows a rigorous development process that
ensure that its antitheft device is reliable and robust for the life of
the vehicle. In further support of the reliability and durability of
its antitheft device, Honda also stated that its antitheft device does
not require the presence of a key fob remote battery to function nor
does it have any moving parts, which it believes reduces the chance for
deterioration and wear from normal use.
Honda stated that its ``smart entry'' antitheft device requires a
remote fob ``smart entry remote/keyless key with a matching code to
start the vehicle. Honda stated that its immobilizer device is always
active and automatically checks for the matching immobilizer code when
the ``smart entry'' remote is within operating range. Upon validation
of the matching code by the IMOES, pushing the engine start/stop button
on the vehicle dashboard allows the engine to start and the driver the
ability to operate the vehicle. Honda further states that if a ``smart
entry'' remote without a matching code is placed inside the operating
range and the engine start/stop button is pushed, the PCM will prevent
fueling and starting of the engine and the ignition immobilizer
telltale indicator will begin flashing on the instrument panel.
Honda stated that it will also install an audible and visible
vehicle security system as standard equipment on all its Passport
vehicles to attract attention to an unauthorized person attempting to
enter its vehicles without a key or remote through the doors, hood, or
trunk. Whenever an attempt is made to open one of its protected areas
without using the correct key in one of the key cylinders or the key
fob to disarm the vehicle, the vehicle's horn will sound and its lights
will flash. Honda further stated that its antitheft device is activated
when all the doors are locked and the hood and trunk are closed and
locked. Honda's antitheft device is deactivated when either of the key
fob buttons are used to unlock the vehicle doors, the driver's door is
unlocked by using the key in the key cylinder or either of the front
door handles are grabbed when the ``smart entry remote'' is within
operating range of the vehicle. Honda further stated that its antitheft
device automatically activates at every vehicle shutdown and
deactivates at every vehicle start, without requiring any action from
the vehicle operator.
Honda believes that the design of its door keys and key cylinders
will provide additional reliability, durability and security. Honda
stated that its door keys and key cylinders will prohibit theft because
they are designed to be more resistant to picking and duplication is
controlled by authorized dealers. Honda further stated that the key fob
remotes will also utilize rolling codes for the lock and unlock
features, the hood release lever will be securely located inside the
vehicle, the vehicle will be equipped with counterfeit-resistant
vehicle identification number (VIN) plates and secondary VINs will be
inscribed on the vehicle frame, ensuring further reliability,
durability and vehicle security.
In support of its belief that its antitheft device will be as or
more effective in reducing and deterring vehicle theft than the parts-
marking requirement, Honda referenced data showing several instances of
the effectiveness of its proposed immobilizer device. Honda stated that
it believes the immobilizer antitheft device proposed for installation
on its Passport vehicle line will be as effective in reducing and
deterring theft as the antitheft device installed on its MY 2003-2014
Honda Pilot vehicle line because both vehicles will be installed with
the same basic immobilizer and share the same platform. Honda also
provided the testing results for the immobilizer device currently
installed on its Pilot vehicle line. Honda stated that the Pilot's
antitheft device is similar in design to that proposed for installation
on its Passport vehicle line and has already been granted an exemption
from the parts marking requirements (See 81 FR 12197, March 8, 2016).
Honda also submitted supporting data from the Insurance Institute
for Highway Safety (IIHS) and the agency for the years after
installation of the immobilizer device on the Pilot vehicle, showing a
sustained decreasing theft rate trend over the years. Honda first
installed an immobilizer device as standard equipment on its MY 2003
Honda Pilot vehicles. Honda also referenced NHTSA's theft rate data for
MYs 2003-2014 showing a consistent rate of thefts well below the 1990/
91 median theft rate (3.5826) since the installation of its immobilizer
device on the Honda Pilot vehicle line. NHTSA notes that the theft
rates for the MYs 2012-2014 Honda Pilot vehicle line are 0.9846, 1.2111
and 0.5446 respectively. Using an average of three MYs' theft data
(2012-2014), the theft rate for the Honda Pilot vehicle line is well
below the median at 0.9134. Additionally, Honda referenced the IIHS
2003-2015 Insurance Theft Report showing an overall reduction in theft
claims for the Honda Pilot vehicles after introduction of its
immobilizer device on the vehicle line. Specifically, the IIHS data
showed for years 2003 through 2015, theft claims for the Honda Pilot
were 427 (2003-2005), 563 (2006-2008), 361 (2009-2011), 389 (2012-2014)
and 335 (2012-2015) respectively. Honda also stated that the IIHS data
further revealed that while the Pilot vehicle line has sustained lower
theft rates over the years, it has also experienced the top ten lowest
theft rates from 2006-2009 when compared to other competitive vehicles
that have already been granted an exemption by the agency.
Additionally, Honda stated that the immobilizer device proposed for
the Passport vehicle line is similar to the design of antitheft devices
installed on its 2014 Honda Civic, 2015 Honda Accord, 2016 Honda CR-V,
2017 Honda Pilot and 2018 Acura MDX vehicles which have already been
granted parts-marking exemptions by the agency. The agency granted the
petitions for the Honda Civic vehicle line in full beginning with MY
2014 (see 61 FR 19363, March 29, 2013), the Honda Accord vehicle line
beginning with MY 2015 (see 79 FR 18409, April 1, 2014), the Honda CR-V
vehicle line beginning with MY 2016 (see 80 FR 3733, January 23, 2015),
the Honda Pilot beginning with MY 2017 (see 81 FR 12197, March 8, 2016)
and the Acura MDX beginning with MY 2018 (see 82 FR 22055, May 11,
2017). The agency notes that the average theft rate for the Honda
Civic, Accord, CR-V, Pilot and MDX vehicle lines using three MYs' data
(MYs 2012 through 2014) are 0.6611, 0.7139, 0.3203, 0.9134 and 0.4630
respectively.
Based on the supporting evidence submitted by Honda on its device,
the agency believes that the antitheft device for the Passport 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: Promote activation; attract
[[Page 5189]]
attention to the efforts of an unauthorized person to enter or move a
vehicle by means other than a key; prevent defeat or circumvention of
the device by unauthorized persons; prevent operation of the vehicle by
unauthorized entrants; and ensure the reliability and durability of the
device, as required by Sec. 543.6(a)(3).
Pursuant to 49 U.S.C. 33106 and 49 CFR 543.8 (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 Honda has provided adequate reasons for its belief that the
antitheft device for the Passport 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.
This conclusion is based on the information Honda provided about its
device.
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 543.8(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 Honda 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 Honda 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 543.8(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, Part 543.10(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
543.10(c)(2) could place on exempted vehicle manufacturers and itself.
In order to reduce the administrative burden, at the manufacturer's
option, the agency can be consulted about whether a change can be
characterized as de minimis. This may save the manufacturer the time to
prepare and submit a petition to modify its antitheft device if indeed
the agency determines the change to 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
its exemption.
NHTSA also notes that Honda has requested confidential treatment
seeking, among other things, that NHTSA keep the model name and release
date of the Passport vehicle line confidential until the ``model is
announced by Honda.'' Although the agency has found several Honda
dealer websites announcing the future arrival of the 2019 Passport,
Honda reports that the company has not announced the MY or intended
name of this model. As noted at the time NHTSA issued the final rule
establishing part 543, manufacturers requested that NHTSA treat a model
name as confidential until the model is introduced rather than at the
time the agency granted an exemption petition.\1\ The Agency stated
that any secrecy regarding a model name must be balanced against the
need of law enforcement agencies to know which car lines will be
required to be marked under the theft prevention standard.\2\ NHTSA
determined that it will treat a model name as confidential until the
June 1 immediately preceding the new vehicle's first model year if a
manufacturer can show that it has not released a new model's nameplate
either to dealers or to any other portion of the public. Id. Because
June 1, 2018 has now passed, the Agency is releasing the model name and
year in deference to the need of law enforcement to identify exempt
vehicles.
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\1\ 52 FR 33821, 33824, September 8, 1987.
\2\ Id.
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For the foregoing reasons, the agency hereby grants in full Honda's
petition for exemption for the Passport vehicle line from the parts-
marking requirements of 49 CFR part 541, beginning with the 2019 model
year vehicles.
Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2019-02723 Filed 2-19-19; 8:45 am]
BILLING CODE 4910-59-P
