[Federal Register: April 18, 2008 (Volume 73, Number 76)]
[Notices]
[Page 21173-21174]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap08-114]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; Ford
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 Ford Motor
Company (Ford) in accordance with Sec. 543.9(c)(2) of 49 CFR Part 543,
Exemption from the Theft Prevention Standard, for the Ford Escape
vehicle line beginning with model year (MY) 2009. 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.
DATES: The exemption granted by this notice is effective beginning with
model year (MY) 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200
New Jersey Avenue, SE., Washington, DC 20590. Ms. Mazyck's telephone
number is (202) 366-0846. Her fax number is (202) 493-2290.
SUPPLEMENTARY INFORMATION: In a petition dated February 8, 2008, Ford
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard (49 CFR Part 541) for the Ford Escape vehicle line
beginning with MY 2009. 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 an entire vehicle line.
Under Sec. 543.5(a), a manufacturer may petition NHTSA to grant
exemptions for one of its vehicle lines per year. Ford has petitioned
the agency to grant an exemption for its Ford Escape vehicle line
beginning with MY 2009. In its petition, Ford provided a detailed
description and diagram of the identity, design, and location of the
components of the antitheft device for the Ford Escape vehicle line.
Ford will install its passive antitheft device as standard equipment on
the vehicle line. Features of the antitheft device will include an
electronic key, ignition lock, and a passive immobilizer. Ford'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.
The antitheft device to be installed on the MY 2009 Ford Escape is
the SecuriLock Passive Anti-Theft Electronic Engine Immobilizer System
(SecuriLock). The Ford SecuriLock is a transponder-based electronic
immobilizer system. Ford stated that the integration of the transponder
into the normal operation of the ignition key assures activation of the
system. When the ignition key is turned to the start position, the
transceiver module reads the ignition key code and transmits an
encrypted message to the cluster. Validation of the key is determined
and start of the engine is authorized once a separate encrypted message
is sent to the powertrain's control module (PCM). The powertrain will
function only if the key code matches the unique identification key
code previously programmed into the PCM. If the codes do not match, the
powertrain engine starter will be disabled. Ford also stated that the
SecuriLock electronic engine immobilizer device makes conventional
theft methods such as hot-wiring or attacking the ignition lock
cylinder ineffective and virtually eliminates drive-away thefts.
[[Page 21174]]
The agency's theft rate data is not available for calendar year/
model year (CY/MY) 2007 and 2008. Ford stated that since the
introduction of the Ford Escape in MY 2001, it has been equipped with
the SecuriLock system (except the 2005 Escape Hybrid). Ford also
provided theft rate data for the MY 2001 through 2005 Ford Escape
vehicle line. The chart illustrates that the reported theft rate for
the Escape is significantly below the agency's median theft rate of
3.5826 for all vehicles in each calendar year/model year. Ford stated
that it believes that the exceptional low theft rate of 1.0342 for CY/
MY 2005 is likely to continue or improve in future years.
Additionally, Ford noted the reduction in theft rate for other
vehicle lines equipped with the SecuriLock device. Ford's SecuriLock
device was first introduced as standard equipment on its MY 1996
Mustang GT and Cobra. In MY 1997, the SecuriLock system was installed
on the entire Mustang vehicle line as standard equipment. Ford stated
that the 1997 model year Mustang with SecuriLock shows a 70% reduction
in theft compared to the MY 1995 Mustang, according to National
Insurance Crime Bureau (NICB) theft statistics. There were 149 reported
thefts for 1997 compared to 500 reported thefts in 1995.
In addressing the specific content requirements of 543.6, Ford
provided information on the reliability and durability of its proposed
device. To ensure reliability and durability of the device, Ford
conducted tests based on its own specified standards. Ford 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.
The agency also notes 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.
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 Ford has provided adequate reasons for its belief that the
antitheft device for the Ford Escape 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 Ford
provided about its device.
For the foregoing reasons, the agency hereby grants in full Ford's
petition for exemption for the Escape 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 law enforcement agencies of new vehicle
lines exempted from the parts-marking requirements of the Theft
Prevention Standard.
If Ford 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 Ford 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 15, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E8-8479 Filed 4-17-08; 8:45 am]
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