[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)] [Notices] [Pages 49969-49970] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-23989] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Honda AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition for exemption. ----------------------------------------------------------------------- SUMMARY: This notice grants in full the petition of American Honda Motor Co., Inc., on behalf of Honda Motor Company, Ltd., (Honda) for an exemption of a high-theft line (whose nameplate is confidential) 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 [[Page 49970]] 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 the (confidential) model year. FOR FURTHER INFORMATION CONTACT: Ms Barbara Gray, Office of Market Incentives, NHTSA, 400 Seventh St., S.W., Washington, DC. 20590. Ms Gray's telephone number is (202) 366-1740. Her fax number is (202) 493- 2739. SUPPLEMENTARY INFORMATION: In a petition dated June 16, 1995, American Honda Motor Co., Inc., requested on behalf of Honda Motor Co., Ltd., an exemption from the parts-marking requirements of the Theft Prevention Standard for a motor vehicle line. The nameplate of the line and the model year of introduction are confidential. The submittal requested an exemption from the parts-marking requirements 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 line. In an August 9, 1995, telephone conversation with NHTSA officials, Honda clarified the scope of its petition. Honda's June 16 letter and information provided in the August 9 telephone conversation, together constitute a complete petition, as required by 49 CFR part 543.7, in that it met the general requirements contained in Sec. 543.5 and the specific content requirements of Sec. 543.6. In a letter dated July 11, 1995, to Honda, the agency granted the petitioner's request for confidential treatment of most aspects of its petition, including the nameplate of the line and the model year of its introduction. In its petition, Honda provided a detailed description and diagrams of the identity, design, and location of the components of the antitheft device for the new line. This antitheft device includes an engine starter-interrupt function and an alarm function. The antitheft device is activated by removing the ignition key and locking the doors with it. The alarm monitors the doors, hood, battery terminals and circuitry, and engine starter circuit. In order to ensure the reliability and durability of the device, Honda stated that it conducted tests, based on its own specified standards. Honda provided a detailed list of the tests conducted. Honda stated its belief that the device is reliable and durable since the device complied with Honda's specified requirements for each test. Honda compared the device proposed for its new line with devices which NHTSA has determined to be as effective in reducing and deterring motor vehicle theft as would compliance with the parts-marking requirements. Honda has concluded that the antitheft device proposed for its new line is no less effective than those devices in the lines for which NHTSA has already granted exemptions from the parts-marking requirements. Honda bases its belief on reduced theft rates of the Saab 900 and Lexus SC car lines. Both lines had experienced theft rates below the median theft rate (3.5826) set for Model Years (MY) 1990/ 1991. Additionally, Honda stated that the Honda Acura NSX has been equipped with an antitheft device since MY 1991. The theft rate of the NSX continues to be below the median theft rate (3.5826). Since the vehicle line that is the subject of this petition will be equipped with a similar system as the NSX, Honda expects that the antitheft device on the vehicle line for which it now seeks an exemption will also be as effective in reducing and deterring theft. Based on the evidence submitted by Honda, the agency believes that the antitheft device for the new Honda 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 Standards (49 CFR part 541). The agency believes that the device will provide the types of performance listed in 49 CFR 543.6(a)(3): Promoting activation, attracting attention to unauthorized entries, 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. 331006 and 49 CFR 543.6(a) (4) and (5), the agency finds that Honda has provided adequate reasons for its belief that the antitheft device will reduce and deter theft. This conclusion is based on the information Honda provided about its device, much of which is confidential. This confidential information included a description of reliability and functional tests conducted by Honda for the antitheft device and its components. For the foregoing reasons, the agency hereby grants in full Honda's petition for exemption for the line from the parts-marking requirements of 49 CFR part 541. If Honda decides not to use the exemption for this line, it should 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 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 543.7(d) states that a part 543 exemption applies only to vehicles that belong to a line exempted under this part and equipped with the antitheft 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 which Sec. 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 with 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: September 22, 1995. Barry Felrice, Associate Administrator for Safety Performance Standards. [FR Doc. 95-23989 Filed 9-26-95; 8:45 am] BILLING CODE 4910-59-P