[Federal Register: October 9, 2007 (Volume 72, Number 194)]
[Notices]
[Page 57376-57377]
[DOCID:fr09oc07-129]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Petition for Exemption From the Vehicle Theft Prevention
Standard; Fuji Heavy Industries U.S.A., Inc.

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 Fuji Heavy Industries U.S.A.,
Inc.'s (FUSA) petition for exemption of the Subaru Forester 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). FUSA
requested confidential treatment for the information and attachments it
submitted in support of its petition. In a letter dated July 10, 2007,
the agency granted the petitioner's request for confidential treatment
of the indicated areas of its petition.

DATES: The exemption granted by this notice is effective beginning with
model year (MY) 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, International
Policy, Fuel Economy and Consumer Programs, NHTSA, 1200 New Jersey
Avenue, SE., Washington, DC 20590. Ms. Ballard's phone number is (202)
366-0846. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In a petition dated June 15, 2007, FUSA
requested exemption from the parts-marking requirements of the theft
prevention standard (49 CFR Part 541) for the Subaru Forester vehicle
line, beginning with the 2009 model year. 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.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant
exemptions for one line of its vehicle lines per model year. In its
petition, FUSA provided a detailed description and diagram of the
identity, design, and location of the components of the antitheft
device for the Forester vehicle line. FUSA stated that all Subaru
Forester vehicles will be equipped with a passive, transponder-based
electronic immobilizer device as standard. Major components of the
antitheft device will include an electronic key, a passive immobilizer
system, a key ring antenna and an engine control unit (ECU). System
immobilization is automatically activated when the key is removed from
the vehicle's ignition switch, or after 30 seconds if the ignition is
simply moved to the off position and the key is not removed. The device
will also have a visible and audible alarm, and panic mode feature. The
alarm system will monitor door status and key identification.
Unauthorized opening of a door will activate the alarm system causing
sounding of the horn and flashing of the hazard lamps. FUSA'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.
    FUSA also provided information on the reliability and durability of
its proposed device, conducting tests based on its own specified
standards. In a letter dated July 10, 2007, NHTSA granted FUSA
confidential treatment for its test information. FUSA provided a list
of the tests it conducted. FUSA believes that its device is reliable
and durable because the device complied with its own specific
requirements for each test. Additionally, FUSA stated that the
immobilization features are designed and constructed within the
vehicle's overall Controller Area Network Electrical Architecture.
Therefore, the antitheft system cannot be separated and controlled.
    FUSA stated that it believes that historically, NHTSA has seen a
decreasing theft rate trend when electronic immobilization has been
added to alarm systems. FUSA presented several HLDI Theft Loss
Bulletins (February and April 1996, September 1997 and May 2000), as
supporting evidence that theft rates have dropped dramatically on
vehicles when immobilization devices are introduced. FUSA stated that
it presently has immobilizer systems on all of its product lines (i.e.,
two of six Forester models, all B9 Tribeca, Impreza, Legacy, and
Outback models) and it believes the data shows immobilization has had a
demonstrable effect in lowering its theft rates. FUSA also noted that
recent state-by-state theft results from the National Insurance Crime
Bureau reported that in only 2 of the 48 states listed in its results,
did any Subaru vehicle appear in the top 10 list of stolen cars. Review
of the theft rates published by the agency through MY/CY 2004 also
revealed that, while there is some variation, the theft rates for
Subaru vehicles have on average, remained below the median theft rate
of 3.5826.
    FUSA also provided a comparative table showing how its device is
similar to other manufacturer's devices that have already been granted
an exemption by NHTSA. In its comparison, FUSA makes note of Federal
Notices published by NHTSA in which manufacturers have stated that they
have seen reductions in theft due to the immobilization systems being
used. Specifically, FUSA notes claims by Ford Motor Company that its
1997 Mustangs with immobilizers saw a 70% reduction in theft compared
to its 1995 Mustangs without immobilizers. FUSA also noted its reliance
on theft rates published by the agency which showed that theft rates
were lower for Jeep Grand Cherokee immobilizer-equipped vehicles (model
year 1995 through 1998) compared to older parts-marked Jeep Grand
Cherokee vehicles (model year 1990 and 1991). FUSA stated that it
believes that these comparisons show that its device is no less
effective than those installed on lines for which the agency has
already granted full exemption from the parts-marking requirements. The
agency agrees that the device is substantially similar to devices in
other vehicles lines for which

the agency has already granted exemptions.
    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 FUSA has provided adequate reasons for its belief that the
antitheft device will reduce and deter theft. This conclusion is based
on the information FUSA provided about its device.
    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.
    For the foregoing reasons, the agency hereby grants in full FUSA's
petition for exemption for the vehicle line from the parts-marking
requirements of 49 CFR Part 541. 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 FUSA 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 FUSA 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. Section 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: October 2, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E7-19754 Filed 10-5-07; 8:45 am]

BILLING CODE 4910-59-P