[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Notices]
[Pages 63567-63568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30101]



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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention 
Standard; Jaguar

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

ACTION: Grant of petition for exemption.

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SUMMARY: This notice grants in full the petition of Jaguar Cars Limited 
(Jaguar) for an exemption of a high-theft line (whose nameplate is 
confidential) from the parts-marking requirements of the vehicle 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.

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 Street, S.W., Washington, D.C. 20590. Ms 
Gray's telephone number is (202) 366-1740. Her fax number is (202) 493-
2739.
SUPPLEMENTARY INFORMATION: On July 31, 1995, Jaguar Cars, on behalf of 
Jaguar Cars Limited, submitted to NHTSA a petition for exemption from 
the parts-marking requirements of the theft prevention standard (49 CFR 
Part 541) for a motor vehicle line. The nameplate of the line and the 
model year of introduction are confidential. 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.
    Jaguar's submittal is considered a complete petition, as required 
by 49 CFR Part 543.7, in that it meets the general requirements 
contained in Sec. 543.5 and the specific content requirements of 
Sec. 543.6. In a letter to Jaguar dated August 18, 1995, 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, Jaguar provided a detailed description and diagram 
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 operating a radio frequency (``RF'') transmitter 
or by removing the ignition key and locking the doors with it.
    In order to ensure reliability and durability of the device, Jaguar 
stated that it conducted tests for performance under conditions of 
vibration, humidity, and temperature extremes, as well as for 
endurance, flammability, resistance to fluids, thermal shock, RFC and 
EMC, and overall performance. Jaguar stated its belief that the device 
is reliable and durable since the device complied with Jaguar's 
specified requirements for each test.
    Jaguar also compared the device proposed for its new line with 
devices which NHTSA has previously determined to be as effective in 
reducing and deterring motor vehicle theft as would compliance with the 
parts-marking requirements of Part 541, and has concluded that the 
antitheft device proposed for this new line is no less effective than 
those devices in the lines for which NHTSA has already granted 
exemptions from the parts-marking requirements.
    Jaguar bases its belief on the ease of use of the antitheft system 
it is proposing for the new car line. In addition, it points out that 
other Jaguar models, which are all parts-marked, all have theft rates 
below the median theft rate according to NHTSA's vehicle theft data 
published on November 29, 1994 (59 FR 61023). Other aspects of the 
system cited by Jaguar as reasons why it should be as effective as 
parts-marking are the shielding of the driver's door lock barrel to 
prevent opening by ``Slim-Jims'' and other tools; the location of the 
hood latch control; location of the battery, which is protected by the 
security system; the capability of the alarm to function when the 
battery has been reconnected after having been disconnected; and a 
flashing LED and warning labels that advise unauthorized persons that 
the vehicle is protected by a security system. Jaguar believes that the 
theft rate for this vehicle line equipped with this antitheft device as 
standard equipment will be below the most recent median theft rate of 
3.5826 published by NHTSA.
    Based on evidence submitted by Jaguar, the agency believes that the 
antitheft device for the new Jaguar 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 Part 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. 33106 and 49 CFR Part 543.6(a)(4) and (5), 
the agency finds that Jaguar has provided adequate reasons for its 
belief that the antitheft device will reduce and deter theft. This 
conclusion is based on the information Jaguar provided about its 
device, much of which is confidential. This confidential information 
included a description of reliability and functional tests conducted by 
Jaguar for the antitheft device and its components.
    For the foregoing reasons, the agency hereby grants in full 
Jaguar's petition for exemption for vehicle line (confidential) from 
the parts-marking requirements of 49 CFR Part 541.
    If Jaguar 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 Parts 541.5 
and 541.6 (marking of major component parts and replacement parts). 

[[Page 63568]]

    NHTSA notes that if Jaguar 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, 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 with 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: December 6, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-30101 Filed 12-8-95; 8:45 am]
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