[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Notices]
[Pages 66341-66342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31117]



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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Volkswagen

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 Volkswagen of 
America, Inc., (Volkswagen) for an exemption from the parts-marking 
requirements of the Federal Motor Vehicle Theft Prevention Standard for 
the Model Year (MY) 1997 Passat car line. 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 theft as compliance with the parts-
marking requirements of the Theft Prevention Standard.

DATES: The exemption granted by this notice is effective beginning with 
the 1997 model year.

FOR FURTHER INFORMATION CONTACT: Ms. Barbara Gray, Office of Market 
Incentives, NHTSA, 400 Seventh Street, S.W., Washington, DC 20590. Ms. 
Gray's telephone number is (202) 366-1740. Her fax number is (202) 493-
2739.

SUPPLEMENTARY INFORMATION: On September 1, 1995, Volkswagen of America, 
Inc., (Volkswagen), submitted a petition for exemption from the parts-
marking requirements of the Theft Prevention Standard (49 CFR Part 541) 
for the Passat car line. The petition is 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 line.
    Volkswagen's submittal is considered a complete petition, as 
required by 49 CFR Part 543.7, in that it met the general requirements 
contained in Sec. 543.5 and the specific content requirements of 
Sec. 543.6. Volkswagen requested confidential treatment for some of the 
information and attachments submitted in support of its petition, 
including the date of production for the Passat car line. In a letter 
to Volkswagen dated October 2, 1995, the agency granted the 
petitioner's request for confidential treatment.
    In its petition, Volkswagen 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 feature and an alarm function. The antitheft 
device is activated by removing the ignition key and locking either of 
the front doors with it. The alarm monitors the doors, hood, trunk and 
radio.
    In order to ensure reliability and durability of the device, 
Volkswagen stated that it conducted tests based on its own specified 
standards. Volkswagen provided the test reports for its proposed 
antitheft device, which is essentially the same as that currently 
installed on the MY 1994 Volkswagen Corrado, showing that the 
reliability and durability of the device complied with specified 
performance requirements for each test. Volkswagen stated that the 
device complied with its standards for durability, electrical and 
electronic operating requirements, thermal and mechanical shock 
resistance and electromagnetic compatibility.
    Volkswagen compared the device proposed for the Passat car line 
with devices which NHTSA has determined to be as effective in reducing 
and deterring motor vehicle theft as would compliance with the parts-
marking requirements. Volkswagen stated that antitheft devices such as 
that proposed for its line and those already granted exemptions from 
the parts-marking requirements have been found effective in reducing 
motor vehicle theft. Specifically, Volkswagen based its belief on 
reduced theft rates for comparable lines such as the Mitsubishi 
Diamante, the Toyota Cressida, the Nissan Maxima, the Toyota Supra, the 
Nissan 300ZX, the Mazda RX-7, and the Audi 5000. Additionally, 
Volkswagen stated that the Passat car line experienced theft rates 
below the median theft rate (3.5826) for MYs 1990/1991 and 1992. 
Volkswagen believes that the low-theft ratings for those years may be 
attributable to the installation of an antitheft device as standard 
equipment on the line beginning with the 1991 model year. Volkswagen 
stated that it believes the theft rating for the MY 1997 Passat car 
line with the installation of the antitheft device described in its 
petition will also be below the 3.5826 median theft rate.
    Based on evidence submitted by Volkswagen, the agency believes that 
the antitheft device for the MY 1997 Volkswagen Passat 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 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 Volkswagen has provided adequate reasons for its 
belief that the antitheft device will reduce and deter theft. This 
conclusion is based on the information Volkswagen provided about its 
device. This confidential information included a description of 
reliability and functional tests conducted by Volkswagen for the 
antitheft device and its components.
    For the foregoing reasons, the agency hereby grants in full 
Volkswagen's petition for exemption for the MY 1997 Passat car line 
from the parts-marking requirements of 49 CFR Part 541.
    If Volkswagen 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 Parts 541.5 and 541.6 (marking of 
major component parts and replacement parts).
    NHTSA notes that if Volkswagen wishes in the future to modify the 
device on which this exemption is based, the company may have to submit 


[[Page 66342]]
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 18, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-31117 Filed 12-20-95; 8:45 am]
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