[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Notices]
[Pages 1447-1449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-236]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention 
Standard; Hyundia-Kia America Technical Center, 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 petition of Hyundai-Kia 
Motors Corporation (HATCI) in accordance with Sec.  543.9(c)(2) of 49 
CFR part 543, Exemption from the Theft Prevention Standard, for the Kia 
Amanti vehicle line beginning with model year (MY) 2009. 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. 
HATCI requested confidential treatment for its information and 
attachments submitted in support of its petition. In a letter dated 
January 30, 2008, the agency denied HATCI's request for confidential 
treatment. Subsequently, HATCI requested reconsideration of the 
determination. In a letter dated September 25, 2008, the agency granted 
the petitioner's request for reconsideration of 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. Deborah Mazyck, International 
Policy, Fuel Economy and Consumer Programs, NHTSA, 1200 New Jersey 
Avenue, SE., Washington, DC 20590. Ms. Mazyck's telephone number is 
(202) 366-0846. Her fax number is (202) 493-2290.

[[Page 1448]]


SUPPLEMENTAL INFORMATION: In a petition dated October 22, 2007, 
Hyundai-Kia America Technical Center, Inc., on behalf of Kia Motors 
Corporation (Kia) requested an exemption from the parts-marking 
requirements of the Theft Prevention Standard (49 CFR part 541) for the 
Kia Amanti vehicle line beginning with MY 2009. The petition requested 
an exemption from parts-marking 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 an 
exemption for one of its vehicle lines per year. HATCI's submission is 
considered a complete petition as required by 49 CFR 543.7, in that it 
meets the general requirements contained in Sec.  543.5 and the 
specific content requirements of Sec.  543.6.
    HATCI's petition provided a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device for the Amanti vehicle line. Although HATCI has requested 
confidential treatment of specific details of the system's operation, 
design, effectiveness and durability, NHTSA is, for the purposes of 
this petition, disclosing the following general information. HATCI will 
install its passive antitheft device as standard equipment on its 
Amanti vehicle line beginning with MY 2009. The antitheft device to be 
installed on the MY 2009 Kia is a transponder-based immobilizer system. 
Features of the antitheft device will include a passive immobilizer 
consisting of an EMS (engine control unit), SMARTRA 3 (immobilizer 
unit), an antenna coil and transponder. Additionally, the Kia Amanti 
will have a standard alarm system which will monitor all the doors and 
the hood of the vehicle. The audible and visual alarms are activated 
when an unauthorized person attempts to enter or move the vehicle by 
unauthorized means.
    HATCI stated that the device is automatically activated by removing 
the key from the ignition switch and locking the vehicle door. In order 
to arm the device, the key must be removed from the ignition switch, 
all of the doors and hood must be closed and the driver's door must be 
locked with the ignition key or all doors must be locked with the 
keyless entry. When the device is armed, the visual (flashing hazard 
lamps) and audible (horn sound) alarm system will be triggered if 
unauthorized entry is attempted through the doors, trunk or the hood. 
The device is disarmed when the driver's door is unlocked with the 
transponder key or keyless entry.
    HATCI stated that the antitheft device has been installed as 
standard equipment on the Kia Azera which was previously approved for 
exemption from Part 541. There is currently no available theft rate 
data for Kia vehicle lines that have been installed with similar 
devices. However, HATCI submitted data on the effectiveness of various 
antitheft devices to support its belief that its device will be at 
least effective as comparable devices installed on other vehicle lines 
previously granted exemptions by the agency. HATCI further stated that 
it believes that the General Motors, Ford and Isuzu devices contain 
components that are functionally and operationally similar to its 
device. HATCI also stated that the theft data from the National Crime 
Information Center (NCIC) show a clear reduction in vehicle thefts 
after the introduction of the GM and Ford devices. Therefore, HATCI 
believes that its device will be at least as effective as those devices 
that have been installed on lines previously granted exemptions by the 
agency. HATCI provided theft rate data for the Chevrolet Camaro and 
Pontiac Firebird vehicle lines showing a substantial reduction in theft 
rates comparing the lines between pre- and post-introduction of the 
Pass-Key device. HATCI also provided ``percent reduction'' data for 
theft rates between pre- and post-production years for the Ford Taurus 
and Mustang, and Oldsmobile Toronado and Riviera vehicle lines 
normalized to the three-year average of the Camaro and Firebird pre-
introduction data. HATCI stated that the data shows a dramatic 
reduction of theft rates due to the introduction of devices 
substantially similar to the Kia immobilizer device. Specifically, the 
Taurus, Mustang, Riviera and Toronado vehicle lines showed a 63, 70, 80 
and 58 percent theft rate reduction respectively between pre- and post-
introduction of immobilizer devices as standard equipment on these 
vehicle lines.
    In addressing the specific content requirements of 543.6, HATCI 
provided information on the reliability and durability of its proposed 
device. In support of the reliability and durability of the device, 
HATCI stated that the engine control unit of the device carries out a 
check of the ignition key by special encryption algorithm with the 
immobilizer unit and the transponder. The engine can only be started if 
the results of the ignition key check and algorithm are equal. 
Additionally, Kia conducted tests based on its own specified standards 
for reliability and durability. HATCI provided a detailed list of the 
tests conducted, and believes that the device is reliable and durable 
since the device complied with its specified requirements for each 
test.
    Based on the confidential material submitted by HATCI, the agency 
believes that the antitheft device for the Amanti vehicle 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). Based on the information HATCI 
provided about the 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.
    As required by 49 U.S.C. 33106 and 49 CFR part 543.6(a)(4) and (5), 
the agency finds that HATCI has provided adequate reasons for its 
belief that the antitheft device will reduce and deter theft.
    For the foregoing reasons, the agency hereby grants in full HATCI's 
petition for exemption for the Amanti 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 part 
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 Kia decides not to use the exemption for this line, it must 
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).
    NHTSA notes that if Kia 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

[[Page 1449]]

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, 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 that 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: January 5, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-236 Filed 1-8-10; 8:45 am]
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