[Federal Register: January 11, 2006 (Volume 71, Number 7)]
[Notices]
[Page 1784-1785]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja06-66]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; Nissan
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 petition of Nissan North
America, Inc., (Nissan) in accordance with Sec. 543.9(c)(2) of 49 CFR
Part 543, Exemption from the Theft Prevention Standard, for the Quest
vehicle line. 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. Nissan requested
confidential treatment for the information and attachments it submitted
in support of its petition. In a letter dated August 4, 2005, the
agency granted the petitioner's request for confidential treatment of
most aspects of its petition.
DATES: The exemption granted by this notice is effective beginning with
model year (MY) 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, 400
Seventh Street, SW., Washington, DC 20590. Ms. Ballard's telephone
number is (202) 366-0846. Her fax number is (202) 493-2290.
SUPPLEMENTARY INFORMATION: In a petition dated July 19, 2005, Nissan
requested exemption from the parts-marking requirements of the theft
prevention standard (49 CFR part 541) for the Nissan Quest vehicle line
beginning with MY 2006. The petition requested 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 an entire vehicle line.
Under Sec. 543.5(a), a manufacturer may petition NHTSA to grant
exemptions for one line of its vehicle lines per year. In its petition,
Nissan provided a detailed description and diagram of the identity,
design, and location of the components of the antitheft device for the
new vehicle line. Nissan will install its antitheft device as standard
equipment beginning with MY 2006. Nissan'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.
In addressing the specific content requirements of 543.6, Nissan
provided information on the reliability and durability of its proposed
device. To ensure reliability and durability of the device, Nissan
conducted tests based on its own specified standards. Nissan also
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.
Nissan also compared the device proposed for its vehicle line with
other devices which NHTSA has determined to be as effective in reducing
and deterring motor vehicle theft as would compliance with the parts-
marking requirements. Nissan stated that its proposed device is
functionally equivalent to the systems used in previous vehicle lines
which were deemed effective and granted exemptions from the parts-
marking requirements of the theft prevention standard. Additionally,
theft data have indicated a decline in theft rates for vehicle lines
that have been equipped with antitheft devices similar to that which
Nissan proposes to install on the new line.
On the basis of this comparison, Nissan 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.
Based on the evidence submitted by Nissan, the agency believes that
the antitheft device for the Quest 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;
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.
As required by 49 U.S.C. 33106 and 49 CFR 543.6 (a)(4) and (5), the
agency finds that Nissan has provided adequate reasons for its belief
that the antitheft device will reduce and deter theft. This conclusion
is based on the information Nissan provided about its device, much of
which is confidential. This confidential information included a
description of reliability and functional tests conducted by Nissan for
the antitheft device and its components.
For the foregoing reasons, the agency hereby grants in full
Nissan's petition for exemption for the Quest 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
543.7(f) contains publication requirements incident to the disposition
of all part 543 petitions. Advanced listing, including the release of
future product nameplates, is necessary in order to notify law
enforcement agencies of new vehicle lines exempted from the parts
marking requirements of the Theft Prevention Standard. Therefore,
although Nissan has been granted confidential treatment for most
aspects of its petition, the agency notes that the information that may
be published in the Federal Register includes the make and model of the
vehicle, the model year for which the exemption is granted and a
general description of the proposed antitheft device, with a mention of
such elements as key activation, starter motor interrupt, and the
general location of the sensors triggering the alarm.
If Nissan decides not to use the exemption for the Quest vehicle
line, it must formally notify the agency, and, thereafter, the line
must be fully marked
[[Page 1785]]
as required by 49 CFR 541.5 and 541.6 (marking of major component parts
and replacement parts).
NHTSA notes that if Nissan 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. Section 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 Sec.
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.
We note that Nissan requested confidential treatment for the
information and attachments it submitted in support of its petition.
While the agency granted the petitioner's request for confidential
treatment of most aspects of its petition, we have released the model
year for which the exemption is granted. This information is necessary
for the law enforcement efforts to combat motor vehicle theft. That is,
law enforcement officials need to know whether a given motor vehicle
line was subject or exempted from the parts-marking requirements for a
given model year.
Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR
1.50.
Issued on: January 4, 2006.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E6-145 Filed 1-10-06; 8:45 am]
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