[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Notices]
[Pages 28018-28020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11191]
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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 Nissan North America, Inc.'s
(Nissan) petition for exemption of the Infiniti QX60 (formerly known as
the Infiniti JX) vehicle line in accordance with 49 CFR part 543,
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 parts-marking requirements of the Theft Prevention Standard
(49 CFR part 541).
DATES: The exemption granted by this notice is effective beginning with
the 2014 model year.
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, West
Building, W43-302, 1200 New Jersey Avenue SE., Washington, DC 20590.
Ms. Proctor's telephone number is (202) 366-0846. Her fax number is
(202) 493-0073.
SUPPLEMENTARY INFORMATION: In a petition dated November 29, 2012,
Nissan requested an exemption from the parts-marking requirements of
the Theft Prevention Standard (49 CFR part 541) for the MY 2014 QX60
vehicle line. 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
exemptions for one vehicle line per model 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 Infiniti
QX60 vehicle line. Nissan will install its passive transponder-based,
electronic immobilizer antitheft device as standard equipment on its
Infiniti QX60 vehicle line beginning with MY 2014. Major components of
the antitheft device will include a body control module/immobilizer
control (BCM), an immobilizer antenna, security indicator light,
electronic immobilizer and an engine control module (ECM). Nissan will
also install an audible and visible alarm system on the Infiniti QX60
as standard equipment. Nissan stated that activation of the
immobilization device occurs when the ignition is turned to the ``OFF''
position and all the doors are closed and locked through the use of the
key or the remote control mechanism. Deactivation occurs when all the
doors are unlocked with the key or remote control mechanism. 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.
Nissan stated that the immobilizer device prevents normal operation
of the vehicle without use of a special key.
[[Page 28019]]
Specifically, Nissan stated that when the brake switch or clutch switch
is on and the vehicle's key fob is near the engine start switch, the
body control module generates an electric field between the immobilizer
antenna and the microchip incorporated in the ignition key. The
microchip then transmits the ``key-ID'' by radio wave and is received
by the antenna, amplified and transmitted to the BCM. The ECM then
requests the BCM to start the encrypted communication. If the encrypted
code is correct, the BCM sends an ``OK-code'' and encrypted code to the
ECM. If the code is not correct, the immobilizer control unit sends a
``NG-code'' to the ECM. The ECM then correlates the received encrypted
code with the previously determined encrypted code. If the code is
correct, the ECM allows the engine to keep running and if the code is
incorrect, the ECM will render the engine inoperable.
Nissan further stated that incorporation of the theft warning alarm
system into its device is designed to protect the belongings within the
vehicle and the vehicle itself from being stolen when the back door and
all of the side doors are closed and locked. If any of the doors are
unlocked through an inside door lock knob or any attempts are made to
reconnect the device after it has been disconnected, the device will
also activate the alarm. Nissan stated that upon alarm activation, the
head lamps will flash and the horn will sound, and deactivation of the
alarm can occur only by unlocking the driver's side door with the key
or the remote control device.
In addressing the specific content requirements of 543.6, Nissan
provided information on the reliability and durability of the device.
Nissan stated that its antitheft device is tested for specific
parameters to ensure its reliability and durability. Nissan 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 further stated that its immobilizer
device satisfies the European Directive ECE R116, including tamper
resistance, and that all control units for the device are located
inside the vehicle, providing further protection from unauthorized
accessibility of the device from outside the vehicle.
Nissan provided data on the effectiveness of the antitheft device
installed on its Infiniti QX60 vehicle line in support of the belief
that its antitheft device will be highly effective in reducing and
deterring theft. Nissan referenced the National Insurance Crime
Bureau's data which it stated showed a 70% reduction in theft when
comparing the MY 1997 Ford Mustang (with a standard immobilizer) to the
MY 1995 Ford Mustang (without an immobilizer). Nissan also referenced
the Highway Loss Data Institute's data which reported that BMW vehicles
experienced theft loss reductions resulting in a 73% decrease in
relative claim frequency and a 78% lower average loss payment per claim
for vehicles equipped with an immobilizer. Additionally, Nissan stated
that theft rates for its Pathfinder vehicle experienced reductions from
model year (MY) 2000 to 2001 with implementation of the engine
immobilizer device as standard equipment and further significant
reductions subsequent to MY 2001. Specifically, Nissan noted that the
agency's theft rate data for MY's 2001 through 2006 (with immobilizer
device) showed a theft rate experience for the Nissan Pathfinder of
1.9146, 1.8011, 1.1482, 0.8102, 1.7298 and 1.3474 respectively.
In support of its belief that its antitheft device will be as
effective as compliance with the parts marking requirements in reducing
and deterring vehicle theft, Nissan compared its device to other
similar devices previously granted exemptions by the agency.
Specifically, it referenced the agency's grant of full exemptions to
General Motors Corporation for its Buick Riviera and Oldsmobile Aurora
vehicle lines (58 FR 44872, August 25, 1993) and its Cadillac Seville
vehicle line (62 FR 20058, April 24, 1997) from the parts-marking
requirements of the theft prevention standard. Nissan stated that it
believes that since its device is functionally equivalent to other
comparable manufacturers' devices that have already been granted parts-
marking exemptions by the agency, along with the evidence of reduced
theft rates for vehicle lines equipped with similar devices and
advanced technology of transponder electronic security, the Nissan
immobilizer device will have the potential to achieve the level of
effectiveness equivalent to those vehicles already exempted the agency.
Based on the supporting evidence submitted by Nissan on the device,
the agency believes that the antitheft device for the Infiniti QX60
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.
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 Nissan has provided adequate reasons for its belief that the
antitheft device for the Nissan 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 Nissan
provided about its device.
For the foregoing reasons, the agency hereby grants in full
Nissan's petition for exemption for the Nissan Infiniti QX60 vehicle
line from the parts-marking requirements of 49 CFR part 541, beginning
with the 2014 model year 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 Nissan 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 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.
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
[[Page 28020]]
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: May 6, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2013-11191 Filed 5-10-13; 8:45 am]
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