[Federal Register Volume 62, Number 206 (Friday, October 24, 1997)]
[Notices]
[Pages 55453-55454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28291]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Modification of a Previously Approved Antitheft 
Device; Saab

AGENCY: National Highway Traffic Safety Administration (NHTSA) 
Department of Transportation (DOT).

ACTION: Grant of petition for modification of a previously approved 
antitheft device.

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SUMMARY: On June 20, 1997, Saab Cars, USA, Inc. (Saab) filed a petition 
with the National Highway Traffic Safety Administration (NHTSA) asking 
for a second modification to an agency-approved exemption from the 
vehicle theft prevention standard for its 900 car line. NHTSA is 
granting Saab's petition for modification of its exemption from the 
parts-marking requirements of the vehicle theft prevention standard for 
its model year (MY) 1999 900 car line because it has determined, based 
on substantial evidence, that the antitheft device described in Saab's 
petition to be placed on the car line as standard equipment is likely 
to be as effective in reducing and deterring motor vehicle theft as 
compliance with the parts-marking requirements.

DATES: The exemption granted by this notice is effective at the 
beginning of the 1999 model year.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of 
Planning and Consumer Programs, NHTSA, 400 Seventh Street, S.W., 
Washington, DC 20590. Ms. Proctor's telephone number is (202) 366-0846. 
Her fax number is (202) 493-2739.

SUPPLEMENTARY INFORMATION: On July 26, 1993, NHTSA published in the 
Federal Register a notice granting a petition from Saab for an 
exemption from the parts marking requirements of the vehicle theft 
prevention standard for the Saab 900 car line beginning with MY 1994 
(See 58 FR 39853). By letters dated September 8 and 12, 1994, Saab 
petitioned for the first modification to its device. The agency 
determined that the proposed changes made on Saab 900's antitheft 
device for MY 1995 were de minimis changes and did not require it to 
submit a petition to modify its exemption pursuant to 49 CFR Part 
543.9(c)(2).
    On June 20, 1997, Saab submitted a second petition for modification 
of its previously approved antitheft system for MY 1999. According to 
the petition, Saab will begin MY 1999 production of the 900 car line in 
February 1998. This notice responds to that petition.
    Saab's submission is a complete petition, as required by 49 CFR 
Part 543.9(d), in that it meets the general requirements contained in 
49 CFR Part 543.5 and the specific content requirements of 49 CFR Part 
543.6. Saab's petition also provided a detailed description of the 
identity, design and location of the components of the antitheft 
system, including diagrams of the components and their location in the 
vehicle beginning with the 1999 model year. On August 20, 1997, the 
agency contacted Saab by telephone and obtained additional information 
which clarified the nature of the changes to its antitheft system for 
the 900 car line for MY 1999.
    In its MY 1999 petition, Saab stated that for its MY 1999 car line, 
the driver/operator will be able to arm the system, activate the 
central-locking feature and monitor the protected areas of the vehicle 
from unauthorized tampering either by using the remote transmitter or 
locking the driver's or passenger's door with the correct ignition key. 
This is a change from the previously approved system, in which only the 
remote transmitter had the capability to arm and disarm the system and 
only the ignition key could activate the central-locking feature.
    In addition, Saab stated that for MY 1999, the remote transmitter 
will not arm or disarm the starter immobilization feature of the 
system. The only way to activate and deactivate that feature will be by 
using the correct ignition key containing a radio signal transponder. 
In the previously approved system, the starter immobilization feature 
as well as the ignition and fuel immobilization features could be armed 
and disarmed by using the remote transmitter.
    The petition also states that the MY 1999 Saab 900 car line will 
incorporate a battery backup for the alarm siren, ``free wheeling'' 
door lock cylinders, a tilt sensor which will detect possible theft of 
the vehicle by means of a flatbed or tow truck removal, and a panic 
function feature.
    Saab also stated that for MY 1999, the electronic components in the 
900 car line will use more advanced technology between various vehicle 
systems, including but not limited to the engine management system and 
the on-board diagnostic requirements. Beginning with MY 1999, the 900 
car line will incorporate a new advanced communications architecture, 
``CAN-BUS''. The ``CAN-BUS'' architecture will improve the speed and 
reliability of the electronic communications between vehicle systems, 
and allow improvements in the standard antitheft system.
    However, Saab noted that the use of the ``CAN-BUS'' architecture 
means that it will not be able to use the fuel and ignition 
immobilization features of its antitheft system in all of the vehicles 
for the 900 car line in the 1999 model year. These features will be 
present only in those vehicles that are equipped with a turbo-charged 
engine; they will not be present in the vehicles with the 2.3 liter

[[Page 55454]]

engine. Saab stated that those vehicles that are equipped with a 2.3 
liter engine will not incorporate the fuel and ignition immobilizer 
feature until MY 2000.
    In order to ensure the reliability and durability of the device, 
Saab stated that it conducted tests of the antitheft device which far 
exceeds the previous testing program that was used to validate the 
reliability and durability of the 1995 through 1998 vehicles.
    Saab believes that the antitheft system proposed for installation 
on its 900 line is likely to be as effective in reducing thefts as 
compliance with the parts-marking requirements of Part 541. It believes 
that the antitheft system for model years 1999 and later will provide 
essentially the same functions and features as found on today's 1995 
through 1998 system. Therefore, Saab believes that the modified system 
will provide at least the same level of theft prevention over parts 
marking. Saab supports its belief that its proposed system will be no 
less effective than the MY 1995 through 1998's system by comparing its 
MY 1995 preliminary theft rate of 1.3973 for the 900 line with the 
median theft rate of 3.5826 indicating that the agency's theft data 
supports its belief.
    Saab also submitted information from the Highway Loss Data 
Institute (HLDI), which reported a comparison of the number of claims 
per thousand insured vehicles per year. HLDI's September 1996 insurance 
theft report indicated a theft index of 15 for the 1994 through 1995 
Saab 900 line. This was the second lowest figure for all large, 
midsize, and small cars listed. The HLDI theft report published in 
September 1997 indicated a theft index of 13, a reduction from the 
previous year's index. HLDI reported that the antitheft device 
installed on the Saab 9<SUP>5</SUP> car line and sold in Sweden, has 
been awarded the highest-ever security ratings (96.7 % security rating) 
given by Thatcham, the motor vehicle insurance industry's research 
centre.
    The agency has evaluated Saab's MY 1999 petition for modification 
of the exemption for the 900 car line from the parts-marking 
requirements of 49 CFR Part 541, and has decided to grant it. It has 
determined that the system is likely to be as effective as parts 
marking in preventing and deterring theft of these vehicles, and 
therefore qualifies for an exemption under 49 CFR Part 543. The ability 
to arm the system using either the ignition key or a remote transmitter 
means that arming the system does not require any additional action by 
the driver, which means that the system is more likely to be armed. The 
ability to use the key or the remote to activate and deactivate the 
starter immobilizer improves the level of convenience for the driver/
operator to arm and disarm the modified system over the present system. 
Other improvements include the addition of a battery backup for the 
alarm siren, ``free wheeling'' door lock cylinders, a tilt sensor that 
will detect attempts to steal the vehicle by means of flatbed or tow 
truck, and a panic function feature.
    In its petition, Saab also states that for MY 1999, not all of the 
vehicles in the 900 car line will have the fuel and ignition 
immobilizer features as part of the antitheft system. One prerequisite 
to qualifying for an exemption under Part 543 is that the antitheft 
device must be installed as standard equipment on all vehicles on a 
model line. 49 U.S.C. Section 33106(b). Therefore, in evaluating 
whether a system qualifies for an exemption, the agency may consider 
only those features that are standard across the car line; and may not 
consider features that are only present on some vehicles in the line.
    Accordingly, for the purpose of evaluating whether the system 
installed on the Saab 900 line for MY 1999 qualifies for an exemption 
under Part 543, the agency cannot consider the fuel and ignition 
interrupt features to be part of the system. Since these features are 
present on the current system on the Saab 900, this means that the 
agency must treat the MY 1999 system as though these features are no 
longer included.
    The absence of these features diminishes the level of theft 
protection somewhat from that provided by the MY 1995 system because 
the fuel and ignition immobilizer will not be standard equipment on the 
car line. The agency believes, however, that the decrease is not 
substantial and that even without this feature, the system as described 
in Saab's petition for modification will provide a level of theft 
protection equivalent to parts marking.
    The agency notes that Saab has stated in its petition that it plans 
to install the fuel and ignition immobilizer features in all vehicles 
in the 900 car line beginning with MY 2000. If Saab does in fact decide 
to add these features as standard equipment on the 900 line, it must 
file either a new petition for modification of the exemption or a 
request for de minimis treatment for the system that incorporates these 
features.
    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 21, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-28291 Filed 10-23-97; 8:45 am]
BILLING CODE 4910-59-P