80 FR 20062 - Petition for Exemption From the Vehicle Theft Prevention Standard; Mercedes-Benz Usa, LLC
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 71 (April 14, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 71 (April 14, 2015)
| Page Range | 20062-20064 | |
| FR Document | 2015-08491 |
[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)] [Notices] [Pages 20062-20064] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08491] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption From the Vehicle Theft Prevention Standard; Mercedes-Benz Usa, LLC AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition for exemption. ----------------------------------------------------------------------- SUMMARY: This document grants in full the Mercedes-Benz USA, LLC's (MBUSA) petition for an exemption of the smart Line Chassis vehicle line in accordance with 49 CFR part 543, Exemption from 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 of 49 CFR part 541, Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard). DATES: The exemption granted by this notice is effective beginning with the 2016 model year (MY). FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of International Policy, Fuel Economy, and Consumer Programs, NHTSA, W43- 443, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's phone number is (202) 366-4139. Her fax number is (202) 493-2990. SUPPLEMENTARY INFORMATION: In a petition dated December 17, 2014, MBUSA requested an exemption from the parts-marking requirements of the Theft Prevention Standard for the Mercedes-Benz smart Line Chassis vehicle line beginning with MY 2016. 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 the entire vehicle line. Under 49 CFR 543.5(a), a manufacturer may petition NHTSA to grant an exemption for one vehicle line per model year. In its petition, MBUSA provided a detailed description and diagram of the identity, design, and location of the components of the antitheft device for the smart Line Chassis vehicle line which includes the smart fortwo vehicle. MBUSA stated that its MY 2016 smart Line Chassis vehicle line will be equipped with its passive, transponder-based ignition immobilizer (FBS III/FBS IV) antitheft device and an access code- protected locking system as standard equipment. Key components of the immobilizer antitheft device will include the immobilizer, transmitter key, electronic ignition starter switch control unit (EIS), the body control module (ECM), and the engine control module (ECU). MBUSA stated that its immobilizer device is an interlinked system of control units which collectively perform the immobilizer function. The interlinked system includes the engine, EIS, transmitter key, ECU and ECM (including the fuel injection system) which independently calculates and matches a unique code. MBUSA stated that it is impossible to read the code from the vehicle in order to defeat the system. If a relevant query from the vehicle to the transmitter key is valid, operation of the vehicle will be authorized. MBUSA further stated that it will offer an audible and visible alarm [[Page 20063]] system as optional equipment on the line to detect unauthorized vehicle entry. MBUSA'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. MBUSA stated that the antitheft device is deactivated when the transmitter key has been inserted in the EIS and energy is transferred to the key to verify drive authorization. Verification of the correct key is transmitted over an infrared link between the key and the EIS. If the authentication check has recognized the correct key, the EIS will allow the key to be turned to the ``Start Engine'' position. MBUSA stated that when the key then reaches the ``Ignition on'' position, the authentication sequence in the ECM and ECU will start. The ECM then receives authorization from the EIS following authentication verification. MBUSA further stated that if the values from the authentication are identical, the ECM will authorize the start and operation of the vehicle will be allowed. Activation of the device occurs automatically when the key is removed from the ignition switch. Once activated, only a valid key with the correct code inserted into the ignition switch will disable immobilization and allow the vehicle to start and operate. MBUSA further stated that no other action by the operator other than turning the key is required to activate or deactivate the immobilizer. In its submission, MBUSA stated that a locking/unlocking feature is also incorporated into the device. An encoded data exchange between the transmitter key and the vehicle's central controller for the lock/ unlock feature (ECM) is carried out by radio signal. When an unlocking signal from the remote key sends a permanent and rolling code message to the vehicle's central ECU, the device will compare the permanent code with the stored code in the ECM. If the permanent codes match, the rolling codes are then compared. MBUSA stated that if both codes match, the locking system will unlock the doors, tailgate and fuel filler cover. In addressing the specific content requirements of Sec. 543.6, MBUSA provided information on the reliability and durability of its proposed device. To ensure reliability and durability of the device, MBUSA conducted tests based on its own specified standards. MBUSA provided a detailed list of the tests conducted and believes that the device is reliable and durable since it complied with its own specified requirements for each test. MBUSA also conducted performance tests based on the Economic Commission for Europe's (ECE) specified standards. MBUSA provided a detailed list of the tests conducted and believes that the immobilizer device offered on the smart Line Chassis vehicle line is reliable and durable because the device complied with the specified requirements for each test. MBUSA also stated that it believes that the immobilizer device offered on the smart Line Chassis vehicle line will be at least as effective as compliance with the parts-marking requirements of the theft prevention standard and as effective in deterring theft as it has been on other MBUSA vehicle lines that have been equipped with an antitheft device, as demonstrated by the low theft rate history of MBUSA vehicles. MBUSA stated that its proposed device is also functionally equivalent to the antitheft devices installed on the Mercedes-Benz S-Class, E-Class, C-Class, SLK-Class, SL-Class and NGCC Chassis vehicles, which the agency has exempted from the parts-marking requirements beginning with MYs 2006, 2007, 2008, 2009, 2011, and 2014 respectively. MBUSA also referenced theft rate data published by the agency comparing its proposed device to antitheft devices already installed in the BMW MINI, Honda Fit and Toyota Scion xB vehicle lines. MBUSA stated that theft data published by the agency show that the average theft rate for the BMW MINI Cooper with an immobilizer device was 0.4422 in MY/CY 2010 and 0.3413 in MY/CY 2012. MBUSA also referenced theft rate data published by the agency for the Honda Fit and Toyota Scion xB vehicle lines (with immobilizers) which showed a theft rate of 0.3118 and 0.2167 (MY/CYs 2011 and 2012) for the Honda Fit and 1.1553 and 0.5110 (MY/CYs 2011 and 2012) for the Toyota Scion xB respectively. MBUSA stated that it believes that this data also indicates that the immobilizer device was effective in contributing to an average reduction of 22.8%, 30.5%, and 47.7% reduction in the theft rate of the BMW MINI Cooper, Honda Fit and Toyota Scion xB, respectively. MBUSA also stated it believes that the data indicates the immobilizer device was effective in contributing to an average reduction of 29.9% in the theft rate for the SL-Line Chassis when theft rates for the vehicle line dropped from 1.4170 (CY 2005) to 1.0460 (CY 2007). Based on the supporting evidence submitted by MBUSA on its device, the agency believes that the device is substantially similar to devices installed in other vehicle lines for which the agency has already granted exemptions and that the antitheft device for the smart Line Chassis 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 541). Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7 (b), the agency grants a petition for exemption from the parts-marking requirements of Part 541, either in whole or in part, if it determines that, based upon substantial evidence, the standard equipment antitheft device is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of Part 541. The agency finds that MBUSA has provided adequate reasons for its belief that the antitheft device for the MBUSA smart 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). This conclusion is based on the information MBUSA provided about its antitheft device. The agency concludes that the device will provide four of the five types of performance listed in Sec. 543.6(a)(3): Promoting activation; 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. For the foregoing reasons, the agency hereby grants in full MBUSA's petition for exemption for the MBUSA smart Line Chassis 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 MBUSA 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). [[Page 20064]] NHTSA notes that if MBUSA 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 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. Under authority delegated in 49 CFR part 1.95. Raymond R. Posten, Associate Administrator for Rulemaking. [FR Doc. 2015-08491 Filed 4-13-15; 8:45 am] BILLING CODE 4910-59-P
![20062 Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Notices
under SUPPLEMENTARY INFORMATION. We Moving Ahead for Progress in the 21st theft as compliance with the parts-
published a Federal Register Notice Century Act (MAP–21). The regulation marking requirements of 49 CFR part
with a 60-day public comment period allows States flexibility in determining 541, Federal Motor Vehicle Theft
on this information collection on how to meet the manual requirement. Prevention Standard (Theft Prevention
August 28, 2014. We are required to This flexibility allows States to prepare Standard).
publish this notice in the Federal manuals in the format of their choosing, DATES: The exemption granted by this
Register by the Paperwork Reduction to the level of detail necessitated by notice is effective beginning with the
Act of 1995. State complexities. Each State decides 2016 model year (MY).
DATES: Please submit comments by May how it will provide service to FOR FURTHER INFORMATION CONTACT: Ms.
14, 2015. individuals and businesses affected by Deborah Mazyck, Office of International
ADDRESSES: You may send comments Federal or federally-assisted projects, Policy, Fuel Economy, and Consumer
within 30 days to the Office of while at the same time reducing the Programs, NHTSA, W43–443, 1200 New
Information and Regulatory Affairs, burden of government regulation. States Jersey Avenue SE., Washington, DC
Office of Management and Budget, 725 are required to update manuals to reflect 20590. Ms. Mazyck’s phone number is
17th Street NW., Washington, DC 20503, changes in Federal requirements for (202) 366–4139. Her fax number is (202)
Attention DOT Desk Officer. You are programs administered under Title 23 493–2990.
asked to comment on any aspect of this U.S.C. The State manuals may be SUPPLEMENTARY INFORMATION: In a
information collection, including: (1) submitted to FHWA electronically or petition dated December 17, 2014,
Whether the proposed collection is made available by posting on the State MBUSA requested an exemption from
necessary for the FHWA’s performance; Web site. the parts-marking requirements of the
(2) the accuracy of the estimated Respondents: 52 State Departments of
Theft Prevention Standard for the
burden; (3) ways for the FHWA to Transportation, including the District of
Mercedes-Benz smart Line Chassis
enhance the quality, usefulness, and Columbia and Puerto Rico. vehicle line beginning with MY 2016.
clarity of the collected information; and Frequency: A one-time collection due
The petition requested an exemption
(4) ways that the burden could be to regulatory revisions. Then States
from parts-marking pursuant to 49 CFR
minimized, including the use of update their manuals on an annually
part 543, Exemption from Vehicle Theft
electronic technology, without reducing basis and certify every 5 years.
Prevention Standard, based on the
the quality of the collected information. Estimated Average Burden per
installation of an antitheft device as
All comments should include the Response: 225 hours per respondent.
Estimated Total Annual Burden standard equipment for the entire
Docket number FHWA–2015–0006. vehicle line.
Hours: 225 hours for each of the 52 State
FOR FURTHER INFORMATION CONTACT: Under 49 CFR 543.5(a), a
Departments of Transportation.
Rosemary Jones, 202–366–2042, Office The total is 11,700 burden hours. manufacturer may petition NHTSA to
of Real Estate Services, Federal Highway grant an exemption for one vehicle line
Administration, Department of Authority: The Paperwork Reduction Act per model year. In its petition, MBUSA
Transportation, 1200 New Jersey Ave. of 1995; 44 U.S.C. Chapter 35, as amended; provided a detailed description and
and 49 CFR 1.48.
SE., Washington, DC, between 9 a.m. diagram of the identity, design, and
and 5 p.m., Monday through Friday, Dated: April 8, 2015. location of the components of the
except Federal holidays. Michael Howell, antitheft device for the smart Line
SUPPLEMENTARY INFORMATION: Information Collection Officer. Chassis vehicle line which includes the
Title: State Right-of-Way Operations [FR Doc. 2015–08503 Filed 4–13–15; 8:45 am] smart fortwo vehicle. MBUSA stated
Manuals. BILLING CODE P that its MY 2016 smart Line Chassis
Background: It is the responsibility of vehicle line will be equipped with its
each State Department of Transportation passive, transponder-based ignition
(State) to acquire, manage and dispose DEPARTMENT OF TRANSPORTATION immobilizer (FBS III/FBS IV) antitheft
of real property in compliance with the device and an access code-protected
legal requirements of State and Federal National Highway Traffic Safety locking system as standard equipment.
laws and regulations. Part of providing Administration Key components of the immobilizer
assurance of compliance is to describe antitheft device will include the
in a right-of-way procedural (operations) Petition for Exemption From the immobilizer, transmitter key, electronic
manual the organization, policies and Vehicle Theft Prevention Standard; ignition starter switch control unit (EIS),
procedures of the State to such an extent Mercedes-Benz Usa, LLC the body control module (ECM), and the
that these guide State employees, local AGENCY: National Highway Traffic engine control module (ECU). MBUSA
acquiring agencies, and contractors who Safety Administration (NHTSA), stated that its immobilizer device is an
acquire and manage real property that is Department of Transportation (DOT). interlinked system of control units
used for a federally funded ACTION: Grant of petition for exemption. which collectively perform the
transportation project. Procedural immobilizer function. The interlinked
manuals assure the FHWA that the SUMMARY: This document grants in full system includes the engine, EIS,
requirements of the Uniform Relocation the Mercedes-Benz USA, LLC’s transmitter key, ECU and ECM
Assistance and Real Property (MBUSA) petition for an exemption of (including the fuel injection system)
Acquisition Policies Act (Uniform Act) the smart Line Chassis vehicle line in which independently calculates and
asabaliauskas on DSK5VPTVN1PROD with NOTICES
will be met. The State responsibility to accordance with 49 CFR part 543, matches a unique code. MBUSA stated
prepare and maintain an up-to-date Exemption from Vehicle Theft that it is impossible to read the code
right-of-way procedural manual is set Prevention Standard. This petition is from the vehicle in order to defeat the
out in 23 CFR 710.201(c). Due to the granted because the agency has system. If a relevant query from the
amending of 23 CFR 710 regulations, a determined that the antitheft device to vehicle to the transmitter key is valid,
lengthy and in-depth update of each be placed on the line as standard operation of the vehicle will be
manual will be required. The revisions equipment is likely to be as effective in authorized. MBUSA further stated that
are prompted by enactment of the reducing and deterring motor vehicle it will offer an audible and visible alarm
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NHTSA notes that if MBUSA wishes p.m., EDT. The presentation will be population has shifted over the past four
in the future to modify the device on available through internet access only decades, and there is a growing need for
which this exemption is based, the via the web. NHTSA will post specific the collection of information that
company may have to submit a petition information on how to participate via addresses issues of crash avoidance.
to modify the exemption. Part 543.7(d) the Internet on the NHTSA Web site at Recognizing the importance of this data,
states that a Part 543 exemption applies www.nhtsa.gov one week before the NHTSA is pursuing the DataMod Project
only to vehicles that belong to a line event. to enhance the quality of the data
exempted under this part and equipped FOR FURTHER INFORMATION CONTACT: For collected and the overall effectiveness of
with the antitheft device on which the information concerning the webinar or the NASS.
line’s exemption is based. Further, Part access via the Internet, please contact As part of the Data Modernization
543.9(c)(2) provides for the submission Raj Subramanian, National Center for project, NHTSA has redesigned the
of petitions ‘‘to modify an exemption to Statistics and Analysis, NHTSA NASS. It will be replaced with two new
permit the use of an antitheft device surveys:
(telephone: 202–366–3365 or email:
similar to but differing from the one
raj.subramanian@dot.gov). • CRSS will be a records-based data
specified in that exemption.’’ collection system similar to the current
The agency wishes to minimize the SUPPLEMENTARY INFORMATION: The
GES and will continue to provide the
administrative burden that Part webinar will allow interested persons to
annual, nationally representative
543.9(c)(2) could place on exempted learn more about NHTSA’s newly
estimates of police-reported motor
vehicle manufacturers and itself. The designed nationally representative
vehicle crashes overall. In addition,
agency did not intend in drafting Part samples that will replace NASS.
CRSS will provide estimates by type of
543 to require the submission of a Background vehicle, and for a broad range of vehicle
modification petition for every change and crash characteristics that are needed
to the components or design of an NHTSA is undertaking a
modernization effort to upgrade the to fully describe current highway safety
antitheft device. The significance of and to track motor vehicle crash trends.
many such changes could be de National Automotive Sampling System
(NASS) by improving the information • CISS is an investigation-based
minimis. Therefore, NHTSA suggests system similar to the current CDS and
that if the manufacturer contemplates technology infrastructure, updating and
prioritizing the data collected, will collect accurate, detailed
making any changes, the effects of information about a nationally
which might be characterized as de reselecting the sample sites and sample
sizes, re-examining the electronic representative selection of passenger
minimis, it should consult the agency vehicle crashes that involve a passenger
before preparing and submitting a formats in which the crash data files are
made available to the public, and vehicle towed from the crash scene.
petition to modify. Researchers will investigate crashes a
improving data collection methods and
Under authority delegated in 49 CFR part
quality control procedures, among other few days after the crash gathering
1.95. information from a variety of sources:
activities. This project is called the Data
Raymond R. Posten,
Modernization (DataMod) Project. crash site inspection, vehicle
Associate Administrator for Rulemaking. NASS collects crash data on a inspections, interviews, medical records
[FR Doc. 2015–08491 Filed 4–13–15; 8:45 am] nationally representative sample of and others. CISS will have enhanced
BILLING CODE 4910–59–P police-reported motor vehicle traffic pre-crash data and data on the presence
crashes and related injuries. NASS data and use of crash avoidance
are used by Federal, State, and local technologies.
DEPARTMENT OF TRANSPORTATION government agencies, as well as by Information on the current NASS
industry and academia in the U.S. and sample, coding instructions, and
National Highway Traffic Safety descriptive materials can be reviewed
Administration around the world. The data enable
stakeholders to make informed on NHTSA’s Web site at: http://
[Docket No. NHTSA–2012–0084] regulatory, program, and policy nhtsa.gov/NASS. Information on the
decisions regarding vehicle design and Data modernization project and the
Data Modernization Sampling traffic safety. The NASS system report to Congress on NHTSA’s Review
Information currently has two components: The of the National Automotive Sample
General Estimates System (GES) and the System can be reviewed at: http://
AGENCY: National Highway Traffic
Crashworthiness Data System (CDS). www.nhtsa.gov/NCSA.
Safety Administration (NHTSA),
Department of Transportation (DOT). While the GES captures information on Public Webinar
ACTION: Announcement of webinar. all types of traffic crashes, the CDS
NHTSA is hosting a public webinar to
focuses on more severe crashes
SUMMARY: NHTSA has redesigned the inform vehicle manufacturers and
involving passenger vehicles to better
National Automotive Sampling System suppliers, the medical community,
document the consequences to vehicles
(NASS). Through this notice, NHTSA is researchers, safety advocates and the
and occupants in crashes—i.e.,
announcing a public webinar to provide general public about the new sample
crashworthiness.
information about the two new surveys NASS was originally designed in the designs for CRSS and CISS. NHTSA will
that will replace NASS: Crash Report 1970’s, and has not received significant present a technical overview of the new
Sampling System (CRSS) and Crash revision since that time with regard to sample designs covering the following
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Investigation Sampling System (CISS). the type of data collected and the sites topics:
NHTSA will describe the samples for data collection. Over the last three Draft Topics
designs and answer questions related to decades NHTSA understands that the
the samples. The webinar will be 1. Welcome and Opening Remarks
scope of traffic safety studies has 2. Webinar Outline
available via the web and requires expanded and the data needs of the 3. Data Modernization
internet access. transportation community have a. MAP–21
DATES: NHTSA will hold the webinar on increased and significantly changed. In b. Data Needs
April 29, 2015, from 1:30 p.m. to 3:00 addition, the distribution of the U.S. 4. Sample Redesign: Why and How?
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Document Created: 2015-12-18 11:09:34
Document Modified: 2015-12-18 11:09:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Grant of petition for exemption. | |
| Dates | The exemption granted by this notice is effective beginning with the 2016 model year (MY). | |
| Contact | Ms. Deborah Mazyck, Office of International Policy, Fuel Economy, and Consumer Programs, NHTSA, W43- 443, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's phone number is (202) 366-4139. Her fax number is (202) 493-2990. | |
| FR Citation | 80 FR 20062 |
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