[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20486-20488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8049]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; Mitsubishi Motors
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 Mitsubishi Motors R&D of
America, Inc.'s (Mitsubishi) petition for exemption of the Mitsubishi
i-MiEV vehicle line in accordance with 49 CFR part 543, Exemption From
the 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 49 CFR part 541, Federal Motor Vehicle Theft
Prevention Standard. Mitsubishi requested confidential treatment for
specific information in its petition. The agency addressed Mitsubishi's
request for confidential treatment by letter dated February 14, 2012.
DATES: The exemption granted by this notice is effective beginning with
the 2013 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, West
Building, W43-443, 1200 New Jersey Avenue SE., Washington, DC 20590.
Ms. Mazyck's phone number is (202) 366-0846. Her fax number is (202)
493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated January 3, 2012,
Mitsubishi requested exemption from the parts-marking requirements of
the Theft Prevention Standard (49 CFR Part 541) for the Mitsubishi i-
MiEV vehicle line, beginning with MY 2013. 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 an
exemption for one vehicle line per model year. In its petition,
Mitsubishi provided a detailed description and diagram of the identity,
design and location of the components of the antitheft device for the
i-MiEV vehicle line. Mitsubishi will install a passive, transponder-
based,
[[Page 20487]]
electronic engine immobilizer system as standard equipment on its i-
MiEV vehicle line beginning with MY 2013. Features of the antitheft
device will include a transponder key, Electronic Time and Alarm
Control System Electronic Control Unit (ETACS ECU) and an Electric
Vehicle Electronic Control Unit (EV ECU), key ring antenna and a
passive immobilizer. Mitsubishi will also incorporate an audible and
visual alarm system as standard equipment on the entire vehicle line.
Mitsubishi's submission is considered a complete petition as required
by 49 CFR 543.7, in that it meets the general requirements contained in
543.5 and the specific content requirements of 543.6.
Mitsubishi stated that the transponder-based, electronic engine
immobilizer device prevents unauthorized starting of the engine. The
transponder is located in a traditional key that must be inserted into
the key cylinder and turned to the ``ON'' position in order to activate
the ignition. Mitsubishi also stated that activation of the immobilizer
does not require the doors to be locked. Activation of the device
automatically occurs when the ignition switch is turned to the ``OFF''
position with a valid key and deactivated when it is turned to the
``ON'' position with an invalid key. Mitsubishi further stated that the
immobilizer system checks the key code once the ignition switch is
turned to the ``ON'' position. The key ring antenna reads the specific
ignition key code for the vehicle and transmits an encrypted message
containing the key code to the ETACS ECU. The ETACS ECU determines if
the key is valid and authorizes the engine to start by sending a
separate encrypted message to the EV ECU. The engine will start only if
the key code matches the unique identification key code previously
programmed into the EV ECU. If the codes do not match, the engine will
be disabled.
In addressing the specific content requirements of 543.6,
Mitsubishi provided information on the reliability and durability of
its proposed device. To ensure reliability and durability of the
device, Mitsubishi conducted tests based on its own specified
standards. Mitsubishi provided a detailed list of the tests conducted
and believes that the device is reliable and durable since the device
complied with its specific requirements for each test. Mitsubishi
additionally stated that its immobilizer system is further enhanced by
several factors making it very difficult to defeat. Specifically,
Mitsubishi stated that communication between the transponder and the
ECU are encrypted and that there are over 4.3 billion possible key
codes that make successful key code duplication virtually impossible.
Mitsubishi also stated that its immobilizer system and the ECU share
security data during vehicle assembly that make them a matched set.
These matched modules will not function if taken out and reinstalled
separately on other vehicles. Mitsubishi further stated that it is
impossible to mechanically override the system and start the vehicle,
because the vehicle will not be able to start without the transmission
of the specific code to the electronic control module. Lastly,
Mitsubishi stated that the antitheft device is extremely reliable and
durable because there are no moving parts, nor does the key require a
separate battery.
Mitsubishi informed the agency that the i-MiEV vehicle line was
first equipped with the proposed device beginning with its MY 2012
vehicles. Additionally, Mitsubishi informed the agency that the
Eclipse, Galant, Endeavor, Outlander, Lancer and Outlander Sport
vehicle lines have been equipped with a similar type of immobilizer
device since January 2000, January 2004, April 2004, September 2006,
March 2007 and September 2010 respectively, and they have all been
granted parts-marking exemptions by the agency. Mitsubishi also stated
that beginning with its MY 2000 vehicles, the Eclipse vehicle line has
been equipped with a similar device. Mitsubishi further stated that the
theft rate for the MY 2000 Eclipse decreased by almost 42 percent when
compared with that of its MY 1999 Mitsubishi Eclipse (unequipped with
an immobilizer device). Mitsubishi 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. The average theft rates using
three MY's data for the Mitsubishi Eclipse, Galant, Endeavor, Outlander
and Lancer vehicle lines and are 2.5788, 5.1114, 1.3723, 0.6374 and
2.5519 respectively, and theft rates are not available for the
Outlander Sport vehicle line.
Based on the supporting evidence submitted by Mitsubishi on the
device, the agency believes that the antitheft device for the i-MiEV
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, attract attention to
the efforts of an unauthorized person to enter or move 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 an 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 Mitsubishi has provided adequate reasons for its belief that
the antitheft device for the Mitsubishi i-MiEV 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
Mitsubishi provided about its device.
For the foregoing reasons, the agency hereby grants in full
Mitsubishi's petition for exemption for the Outlander Sport vehicle
line from the parts-marking requirements of 49 CFR part 541, beginning
with the 2013 MY 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 Mitsubishi 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 as required by 49 CFR parts 541.5 and 541.6
(marking of major component parts and replacement parts).
NHTSA notes that if Mitsubishi 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
[[Page 20488]]
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 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: March 28, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-8049 Filed 4-3-12; 8:45 am]
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