
[Federal Register: April 15, 2010 (Volume 75, Number 72)]
[Notices]
[Page 19673-19674]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap10-92]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention
Standard; Saab

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 Saab Cars North America,
Inc.'s (Saab) petition for exemption of the 9-5 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
Theft Prevention Standard (49 CFR part 541).

DATES: The exemption granted by this notice is effective beginning with
the 2011 model year.

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 telephone number is (202) 366-0846. Her fax number is
(202) 493-2990.

SUPPLEMENTAL INFORMATION:  In a petition dated March 1, 2010, Saab
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard (49 CFR part 541) for the MY 2011 Saab 9-5 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, Saab
provided a detailed description and diagram of the identity, design,
and location of the components of the antitheft device for the Saab 9-5
vehicle line. Saab will install its passive transponder-based,
electronic immobilizer antitheft device as standard equipment on its 9-
5 vehicle line beginning with MY 2011. Major components of the
antitheft device will include a body control module (BCM), passive
entry passive start module (PEPS), intrusion/inclination sensor, an
immobilizer control module and a user identification device (UID).
Activation of the immobilization device occurs when the ignition is
turned to the ``OFF'' position. Saab will also install an audible and
visual alarm system on the 9-5 as standard equipment. Saab'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.
    Saab stated that before the vehicle can operate, driver
authentication must be performed by communication between the PEPS and
the BCM jointly with the UID (key fob). Additionally, verification of
the electronic code is required to allow the transmission shift lever
to unlock. When the Engine Start/Stop button on the instrument panel is
pressed, the vehicle transmits a randomly generated 32-bit challenge
and identifier. If the data matches the command and response values,
authorizations are sent within the BCM to allow the vehicle to operate.
Saab stated that, if incorrect responses are received at any point in
the process, or if a response is not received, the system will inhibit
operation of the engine.
    The Saab 9-5 is equipped with a vehicle alarm system (VAS). The VAS
consists of an ultrasonic sensor and vehicle inclination sensor. Any
attempt to enter the vehicle by means other than the key will be
detected by the VAS. Saab stated that when an unauthorized person has
entered the vehicle after the system has been set, the signal lights
will flash, and the horn and an additional siren alarm will provide a
warning. The VAS monitors the doors, engine hood and trunk lid.
Additionally, Saab stated that any attempt to access any of the system
components will activate the VAS.
    In addressing the specific content requirements of 543.6, Saab
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. Specifically, Saab stated that
the design and assembly processes of the antitheft subsystems and
components were validated for climatic, mechanical and chemical
environments under the General Motors Corporation validation
procedures.
    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, Saab referenced the American Automobile
Manufacturers Association response to Docket 97-042; NHTSA Request for
Comments on its preliminary report to Congress on the effects of the
Anti Car theft Act of 1984 provides data supporting that the anti-theft
device will be effective in reducing and deterring motor vehicle theft.
Additionally, Saab stated that the 2011 9-5 antitheft device, which was
introduced on the 2003 Saab 9-3, has been designed to enhance the
functionality and theft protection provided by Saab's first generation
antitheft system. The Saab 9-3 was formerly named the Saab 900. The
antitheft device installed on the Saab 9-3 (Saab 900) was granted an
exemption from the parts-marking requirements. (See 62 FR 55453).
    Saab provided data on the effectiveness of the antitheft device
installed on its 9-3 vehicle line in support of the belief that its
device will be at least as effective as those comparable devices
previously granted exemptions by the agency. The agency's 2007 theft
data showed that the theft rate for the 9-3 vehicle line has remained
consistently low. The average theft rate using three MY's data for the
9-3 is 0.4690. Based on the theft rate experience of the 9-3 vehicle
line and the additional advanced technology utilized in the current 9-5
antitheft system, Saab believes that the Saab 9-5 will be more
effective in deterring

[[Page 19674]]

theft than the parts-marking requirements of 49 CFR 541.
    Based on the supporting evidence submitted by Saab on the device,
the agency believes that the antitheft device for the 9-5 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 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 Saab has provided adequate reasons for its belief that the
antitheft device for the Saab 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 Saab provided
about its device.
    For the foregoing reasons, the agency hereby grants in full Saab's
petition for exemption for the Saab 9-5 vehicle line from the parts-
marking requirements of 49 CFR part 541, beginning with the 2011 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 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 Saab 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 Saab 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 12, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-8660 Filed 4-14-10; 8:45 am]
BILLING CODE 4910-59-P

