[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Notices]
[Pages 34498-34500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16840]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration


Petition for Modification of a Previously Approved Antitheft 
Device; Porsche

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 2, 1989, this agency granted Porsche Cars of North 
America, Inc.'s (Porsche) petition for exemption from the parts-marking 
requirements of the vehicle theft prevention standard for the 911 and 
928 car lines. On September 9, 1994, the agency determined that the 
proposed changes made on the 911 antitheft device for model year (MY) 
1995 were de minimis changes and did not require Porsche to submit a 
petition to modify its exemption pursuant to 49 CFR 543.9(c)(2). This 
notice grants Porsche's petition for a new modification to its 
previously approved antitheft device for the 911 car line beginning 
with the 1998 model year. The agency grants this petition because it 
has determined, based on substantial evidence, that the modified 
antitheft device described in Porsche'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.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of 
Planning and Consumer Programs, NHTSA, 400 Seventh Street, SW., 
Washington, DC 20590. Ms. Proctor's telephone number is (202) 366-1740. 
Her fax number is (202) 493-2739.

SUPPLEMENTARY INFORMATION: In its MY 1989 petition, Porsche included a 
detailed description and diagrams of the identity, design, and location 
of the components of the antitheft device for the MY 1990 Porsche 911 
and 928 car lines. The antitheft device consisted of a central-locking 
system, a starter-interrupt feature and an audible and visible alarm 
system. The device was activated by locking either the driver or 
passenger door with the ignition key. When the ignition key was used to 
lock either the driver or passenger door, the remaining door was 
automatically locked. When all the doors were locked, the vehicle's 
alarm system automatically armed to monitor the protected areas of the 
vehicle. The alarm monitored the doors, front hood, rear trunk (911) or 
hatch (928), radio and ignition switch. If any of the protected areas 
were violated, the alarm horn would sound, and the fog and brake lights 
would flash. In its petition, Porsche stated that the car would not 
start as long as the alarm remained armed. Disarming the device was 
accomplished by unlocking either the driver or passenger door with the 
ignition key. The agency determined that the antitheft device Porsche 
intended to install on the MY 1990 911 and 928 car lines as standard 
equipment was likely to be as effective in reducing and deterring motor 
vehicle theft as compliance with the parts-marking requirements.
    In its MY 1995 request for modification, Porsche included a 
detailed description of the identity, design and location of the 
components of the antitheft device, including diagrams of components 
and their location in the vehicle. Porsche stated that the MY 1995 
device added a remote control, automatic activation and expanded anti-
start features to the MY 1990 device. Porsche also described the 
antitheft device installed as standard equipment as passively 
activated. By letter dated September 9, 1994, the agency determined 
that the proposed changes made on the MY 1995 911 antitheft device were 
de minimis changes and did not require Porsche Cars North America, Inc. 
(Porsche) to submit a petition to modify its exemption. The agency 
determined that the antitheft device, which Porsche intended to install 
on the 911 car line as standard equipment, would be likely to be as 
effective in reducing and deterring motor vehicle theft as would 
compliance with the parts-marking requirements of the Theft Prevention 
Standard.
    By letter dated February 21, 1996, Porsche submitted its petition 
for a second modification to its previously approved antitheft device. 
Porsche's submittal is a complete petition, as required by 49 CFR 
543.9(d), in that it meets the general requirements contained in 
Sec. 543.5 and the specific content requirements of Sec. 543.6.

[[Page 34499]]

    Porsche stated that the antitheft device on the MY 1998 car line 
differs from the MY 1995 device in that it is simpler and better 
integrated. In the MY 1998 device, the disablement of the engine can 
only be accomplished by using the key in the ignition, while in the MY 
1995 device it could be done through the use of the remote control. 
Also, in the MY 1995 antitheft device the vehicle could only be locked 
or unlocked using the remote control, while in the MY 1998 antitheft 
device, it can be done by using the key or the remote control.
    The MY 1998 antitheft device will consist of a micro-processor 
based immobilizer system, which prevents the engine management system 
from functioning when the system is engaged, and a central-locking and 
alarm system. The immobilizer system is automatically activated by 
removing the correct key from the ignition switch/steering lock. The 
ignition key contains a radio signal transponder which sends a signal 
to the control unit to allow the engine to start. According to Porsche, 
only by inserting the proper key into the ignition switch will the 
correct signal be sent to the control unit. The time for the control 
unit to verify the correct signal takes only milliseconds and is 
completed in the time it takes to turn the key to start the engine. 
Disablement of the immobilizer system is virtually impossible, since 
the only way to enable the engine management system is by using the 
correct ignition key to send the proper code to the immobilizer system, 
which then signals the engine management system to operate. Removal of 
the key returns the device to its normal ``off'' state where engine 
operation is impossible. Therefore, even if the driver/operator forgets 
to lock the doors upon leaving the vehicle, an unauthorized person will 
be unable to move the vehicle unless the proper ignition key is used to 
disable the immobilizer system.
    Porsche also stated that, for MY 1998, the antitheft device will 
feature a central-locking system that can be activated by using either 
the ignition key or the remote control. When either the ignition key or 
the remote control is used to lock any door, all doors are locked and 
the vehicle's alarm system is automatically armed to monitor the 
protected areas of the vehicle. The device monitors for opening of the 
doors, front luggage compartment, rear decklid, fuel filler door, soft 
top storage compartment, glove compartment, radio contact switches and 
interior movement via an infra-red sensor. If one of the protected 
areas of the vehicle is violated, the horn will sound and the lights 
will flash.
    The antitheft device will function separately from the immobilizer 
system in that the immobilizer system cannot be disabled by any 
manipulation of the door locks or the central-locking system. Porsche 
states that any manipulation of the door locks or the central-locking 
system will not disable the immobilizer system because neither the door 
locks or the central-locking system are capable of sending the 
necessary codes to the control unit. When the alarm system is armed, a 
``safe'' function is activated that removes the mechanical link between 
the inside and outside door handles and the locking mechanism. This 
prevents the manipulation of the door handles from having any influence 
on the door locks.
    Porsche states that an unauthorized person will be unable to 
operate the vehicle without the use of the proper key. Porsche also 
states that disconnection of power to the antitheft device or the 
engine management system does not affect their operation.
    The immobilizer and alarm systems are located within the passenger 
compartment of the vehicle. The control unit is located under the 
driver seat and the battery and alarm horn are inaccessibly located 
inside the front trunk of the vehicle.
    Porsche addressed the reliability and durability of its antitheft 
device by providing a list of specific tests that ensure the system's 
integrity. The tests included testing for extreme temperature, voltage 
spike, reverse polarity, electromagnetic interference, vibration and 
endurance. Additionally, the antitheft device utilizes a built-in self 
test which constantly checks for system failures. If a failure is 
detected, the driver/operator is signaled by the alarm indicator.
    Porsche compares its MY 1998 antitheft device to similar devices 
that have previously been granted exemptions by the agency. It compared 
its proposed device to devices that do not have alarms such as the 
General Motors' PASS-Key device, the Mercedes-Benz 202 car line device 
and the Porsche MY 1997 (confidential nameplate) device. Porsche states 
that the agency has previously determined that these devices without 
alarms are as effective as parts marking. Therefore, Porsche contends 
that since the MY 1998 device will include the same features and an 
alarm as standard equipment, its device will also be as effective in 
reducing and deterring theft as parts marking. Based on data from the 
FBI's National Crime Information Center, NHTSA's official source of 
theft data, Porsche showed that the theft rate of the Chevrolet Camaro 
fell below the median after installation of the PASS-Key device in MY 
1989. Porsche reports that for MY 1988, the Chevrolet Camaro had a 
theft rate of 25.7394 (per thousand vehicles produced) and for MY 1993, 
it fell to 2.7243. Preliminary theft data for MY 1994 show that theft 
rates for the Chevrolet Camaro and Mercedes-Benz 202 car lines remain 
below the median of 3.5826. The preliminary data for MY 1994 show a 
theft rate of 3.5375 for the Chevrolet Camaro and 1.3810 for the 
Mercedes-Benz 202 car line. Porsche also stated that other GM models 
equipped with the PASS-KEY device, such as the Pontiac Firebird and 
Chevrolet Corvette, have shown large decreases in theft rates. 
Preliminary theft data for MY 1994 show a theft rate of 3.0927 for the 
Pontiac Firebird and 4.5884 for the Chevrolet Corvette. Additionally, 
Porsche reaffirmed that its MY 1998 device will provide engine 
disablement for its 911 line, which it believes is at least as 
effective as that provided by the GM PASS-Key device.
    For these reasons, Porsche believes that the antitheft device 
proposed for installation on its 911 car line is likely to be as 
effective in reducing thefts as compliance with the parts-marking 
requirements of part 541.
    NHTSA believes that there is substantial evidence indicating that 
the modified antitheft device installed as standard equipment on the MY 
1998 Porsche 911 car line will likely be as effective in reducing and 
deterring motor vehicle theft as compliance with the requirements of 
the Theft Prevention Standard (49 CFR part 541). This determination is 
based on the information that Porsche submitted with its petition and 
other available information. The agency believes that the modified 
device will continue to provide the types of performance listed in 
Sec. 543.6(a)(3): promoting activation; attracting attention to 
unauthorized entries; preventing defeat or circumventing 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 CFR 543.6(a)(4), the agency also finds that 
Porsche has provided adequate reasons for its belief that the modified 
antitheft device will reduce and deter theft. This information included 
a description of reliability and functional tests conducted by Porsche 
for the antitheft device and its components.
    For the foregoing reasons, the agency hereby exempts the Porsche 
911 car line that is the subject of this notice, in

[[Page 34500]]

whole, from the requirements of 49 CFR part 541.
    If, in the future, Porsche decides not to use the exemption for the 
car line that is the subject of this notice, it should formally notify 
the agency. If such a decision is made, the car line must be fully 
marked according to the requirements under 49 CFR 541.5 and 541.6 
(marking of major component parts and replacement parts).
    NHTSA notes that if Porsche 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 antitheft device on which the 
line's exemption is based. Further, Sec. 543.9(c)(2) provides for the 
submission of petitions ``(t)o 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 which 
Sec. 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: June 27, 1996.
Patricia Breslin,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 96-16840 Filed 7-1-96; 8:45 am]
BILLING CODE 4910-59-P