[Federal Register: November 22, 2005 (Volume 70, Number 224)]
[Notices]
[Page 70656-70657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no05-126]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; DaimlerChrysler
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 DaimlerChrysler
Corporation (DaimlerChrysler) for an exemption of a high-theft line,
the Dodge Charger, from the parts-marking requirements of the Federal
Motor 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
parts-marking requirements of the Theft Prevention Standard.
DATES: The exemption granted by this notice is effective beginning with
model year (MY) 2007.
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, 400
Seventh Street, SW., Washington, DC 20590. Ms. Proctor's phone number
is (202) 366-0846. Her fax number is (202) 493-2290.
SUPPLEMENTARY INFORMATION: In a petition dated March 30, 2005,
DaimlerChrysler requested an exemption from the parts-marking
requirements of the theft prevention standard (49 CFR part 541) for the
Dodge Charger vehicle line. The petition has been filed 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. DaimlerChrysler'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. Under Sec. 543.5(a), a manufacturer may
petition NHTSA to grant exemptions for one line of its vehicle lines
per year.
DaimlerChrysler stated that all Dodge Charger vehicles would be
equipped with a standard Sentry Key Immobilizer System (SKIS) antitheft
device. In its petition, DaimlerChrysler provided a detailed
description and diagram of the identity, design, and location of the
components of the antitheft device for the vehicle line. The SKIS
antitheft
[[Page 70657]]
device to be installed on the Dodge Charger is a transponder-based,
passive immobilizer antitheft device designed to provide protection
against unauthorized vehicle use. The immobilizer feature is activated
when the key is removed from the ignition switch. Once activated, only
a valid key inserted into the ignition switch will disable
immobilization and allow the vehicle to start and continue to run. The
antitheft device does not provide any visible or audible indication of
unauthorized entry by means of flashing vehicle lights or sounding of
the horn.
The SKIS consists of the Sentry Key Remote Entry Module (SKREEM),
the Powertrain Control Module (PCM), and the Sentry Key, which
collectively perform the immobilizer function. The SKREEM is the
primary component of the SKIS. When the ignition switch is turned to
the ``ON'' position, the SKREEM transmits a radio frequency (RF) signal
to the transponder in the ignition key. If the response received
identifies the key as valid, the SKREEM sends a valid key message to
PCM over the PCI data bus, and the PCM allows the engine to continue to
run. To avoid any perceived delay when starting the vehicle with a
valid key and to prevent unburned fuel from entering the exhaust, the
engine is permitted to run for no more than 2 seconds if an invalid key
is used. If the response identifies the key as invalid, or if no
response is received from the key transponder, the SKREEM sends an
invalid key message to the PCM. The PCM will disable engine operation
(after the initial 2 second run) based upon the status of the SKREEM
messages.
According to DaimlerChrysler, each ignition key used in the
antitheft device has an integral transponder chip included on the
circuit board. The ignition key must be cut to match the mechanical
coding of the ignition lock cylinder and programmed for operation of
the Remote Keyless Entry (RKE) system. Additionally, each new key is
programmed with a unique transponder identification code by the
manufacturer and must be recognized by the SKREES as a valid key. The
Sentry Key transponder cannot be adjusted or repaired. If it is faulty
or damaged, the entire key and RKE must be replaced.
In addressing the specific content requirements of Sec. 543.6,
DaimlerChrysler provided information on the reliability and durability
of its device. To ensure the reliability and durability of the device,
it conducted tests based on its own specified standards.
DaimlerChrysler provided information on tests conducted and believes
that the device is reliable and durable since the device complied with
its specified requirements for each test. DaimlerChrysler stated that
all of the devices undergo a series of three functional tests prior to
being shipped from the supplier to the vehicle assembly plant for
installation in the vehicles. Additionally, the antitheft device
incorporates an indicator light to convey information on the status of
the system to the customer.
DaimlerChrysler believes that the immobilizer system proposed for
the Dodge Charger will be at least as effective as compliance with the
parts-marking requirements of the theft prevention standard.
DaimlerChrysler stated that its experience with vehicles subject to the
parts-marking requirement that are subsequently equipped with ignition
immobilizer systems as standard equipment indicate that even lower
theft rates can be expected from vehicles equipped with standard
ignition immobilizer systems as that proposed.
For supportive purposes, DaimlerChrysler offered the Jeep Grand
Cherokee vehicles as an example of vehicles subject to part 541 parts-
marking requirements that subsequently are equipped with ignition
immobilizer systems as standard equipment. NHTSA's theft rates for the
Jeep Grand Cherokee vehicles for model years 1995 through 1998 were
5.5545, 7.0188, 4.3163, and 4.3557, respectively, all significantly
higher than the 1990/1991 median theft rate. DaimlerChrysler indicated
that, since the introduction of immobilizer systems as standard
equipment on the Jeep Grand Cherokee vehicles, the average theft rate
for the MY 1999 through 2003 is 2.6537, which is significantly lower
than the 1990/1991 median theft rate of 3.5826. The Jeep Grand Cherokee
vehicles were granted an exemption from the parts-marking requirements
beginning with MY 2004 vehicles.
On the basis of this comparison, DaimlerChrysler has concluded that
the proposed antitheft device is no less effective than those devices
installed on lines for which NHTSA has already granted full exemption
from the parts-marking requirements.
Based on the evidence submitted by DaimlerChrysler, the agency
believes that the antitheft device for the Dodge Charger 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 four of 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 DaimlerChrysler has provided adequate reasons for its
belief that the antitheft device will reduce and deter theft. This
conclusion is based on the information DaimlerChrysler provided about
its device. For the foregoing reasons, the agency hereby grants in full
DaimlerChrysler petition for exemption for the vehicle line from the
parts-marking requirements of 49 CFR part 541.
If DaimlerChrysler decides not to use the exemption for this line,
it must formally notify the agency, and, thereafter, the line must be
fully marked as required by 49 CFR 541.5 and 541.6 (marking of major
component parts and replacement parts).
NHTSA notes that if DaimlerChrysler 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, 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.
Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR
1.50.
Issued on: November 10, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-23035 Filed 11-21-05; 8:45 am]
BILLING CODE 4910-59-P