82_FR_28491 82 FR 28373 - Petition for Exemption From the Vehicle Theft Prevention Standard; Mitsubishi Motors

82 FR 28373 - Petition for Exemption From the Vehicle Theft Prevention Standard; Mitsubishi Motors

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 118 (June 21, 2017)

Page Range28373-28375
FR Document2017-12880

This document grants in full the Mitsubishi Motors R&D of America, Inc.'s (Mitsubishi) petition for exemption of the Mitsubishi [Confidential] vehicle line in accordance with Exemption from the 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 the Federal Motor Vehicle Theft Prevention Standard. Mitsubishi also requested confidential treatment for specific information in its petition. While official notification on granting or denying Mitsubishi's request for confidential treatment will be addressed by separate letter, no confidential information provided for purposes of this document has been disclosed.

Federal Register, Volume 82 Issue 118 (Wednesday, June 21, 2017)
[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Notices]
[Pages 28373-28375]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12880]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention 
Standard; Mitsubishi Motors

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

ACTION: Grant of petition for exemption.

-----------------------------------------------------------------------

SUMMARY: This document grants in full the Mitsubishi Motors R&D of 
America, Inc.'s (Mitsubishi) petition for exemption of the Mitsubishi 
[Confidential] vehicle line in accordance with Exemption from the 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 the Federal Motor Vehicle Theft Prevention Standard. 
Mitsubishi also requested confidential treatment for specific 
information in its petition. While official notification on granting or 
denying Mitsubishi's request for confidential treatment will be 
addressed by separate letter, no confidential information provided for 
purposes of this document has been disclosed.

DATES: The exemption granted by this notice is effective beginning with 
the 2018 model year.

FOR FURTHER INFORMATION CONTACT: Hisham Mohamed, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, West 
Building, W43-437, 1200 New Jersey

[[Page 28374]]

Avenue SE., Washington, DC 20590. Mr. Mohamed's phone number is (202) 
366-0307. His fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated March 30, 2017, 
Mitsubishi requested exemption from the parts-marking requirements of 
the Theft Prevention Standard (49 CFR part 541) for the Mitsubishi 
[Confidential] vehicle line, beginning with MY 2018. The petition 
requested an exemption from parts-marking pursuant to 49 CFR 543, 
Exemption from Vehicle Theft Prevention Standard, based on the 
installation of an antitheft device as standard equipment for the 
entire vehicle line.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant an 
exemption for one vehicle line per model year. In its petition, 
Mitsubishi provided a detailed description and diagram of the identity, 
design, and location of the components of the antitheft device for the 
[Confidential] vehicle line. Mitsubishi will install a passive, 
transponder-based, electronic engine immobilizer device as standard 
equipment on its [Confidential] vehicle line beginning with MY 2018. 
Key components of the antitheft device will include a transponder key, 
electronic control unit (ECU), and a passive immobilizer. Mitsubishi 
also stated that it will be incorporating an audible and visual alarm 
system as standard equipment on these trim-line vehicles. Mitsubishi's 
submission is considered a complete petition as required by 49 CFR 
543.7, in that it meets the general requirements contained in 543.5 and 
the specific content requirements of 543.6.
    Mitsubishi stated that its entry models for the [Confidential] 
vehicle line will be equipped with a Wireless Control Module (WCM) 
immobilizer. Mitsubishi explained that this is a key entry system in 
which the transponder is located in a traditional key that must be 
inserted into the key cylinder in order to activate the ignition. All 
other models of the [Confidential] vehicle line are equipped with a 
One-touch Starting System (OSS), which utilizes a keyless system that 
allows the driver to press a button located on the instrument panel to 
activate and deactivate the ignition (instead of using a traditional 
key in the key cylinder) as long as the transponder is located in close 
proximity to the driver.
    Once the ignition switch is turned (pushed) to the ignition-on 
position, the transceiver module reads the specific ignition key code 
for the vehicle and transmits an encrypted message containing the key 
code to the electronic control unit (ECU). The immobilizer receives the 
key code signal transmitted from either type of key (WCM or OSS) and 
verifies that the key code signal is correct. The immobilizer then 
sends a separate encrypted start-code signal to the engine ECU to allow 
the driver to start the vehicle. The engine only will function if the 
key code matches the unique identification key code previously 
programmed into the ECU. If the codes do not match, the engine and fuel 
system will be disabled.
    In addressing the specific content requirements of 543.6, 
Mitsubishi provided information on the reliability and durability of 
its proposed device. To ensure reliability and durability of the 
device, Mitsubishi conducted tests based on its own specified 
standards. Mitsubishi provided a detailed list of the tests conducted 
and believes that the device is reliable and durable since the device 
complied with its specific requirements for each test. Mitsubishi 
additionally stated that its immobilizer system is further enhanced by 
several factors making it very difficult to defeat. Specifically, 
Mitsubishi stated that communication between the transponder and the 
ECU are encrypted and its WCM and OSS have over 4.3 billion different 
possible key codes that make successful key code duplication virtually 
impossible. Mitsubishi also stated that its immobilizer system and the 
ECU share security data during vehicle assembly that make them a 
matched set. These matched modules will not function if taken out and 
reinstalled separately on other vehicles. Mitsubishi also stated that 
it is impossible to mechanically override the system and start the 
vehicle because the vehicle will not be able to start without the 
transmission of the specific code to the electronic control module. 
Lastly, Mitsubishi stated that the antitheft device is extremely 
reliable and durable because there are no moving parts, nor does the 
key require a separate battery.
    Mitsubishi also informed the agency that its Eclipse vehicle line 
has been equipped with the antitheft device beginning with its MY 2000 
vehicles. Mitsubishi stated that the theft rate for the MY 2000 Eclipse 
decreased by almost 42% when compared with that of its MY 1999 
Mitsubishi Eclipse (unequipped with an immobilizer device). Mitsubishi 
also revealed that the Galant, Endeavor, Outlander, Lancer, Outlander 
Sport, i-MiEV and Mirage vehicle lines have been equipped with a 
similar type of immobilizer device since January 2004, April 2004, 
September 2006, March 2007, September 2010, October 2011 and July 2013, 
respectively. All eight vehicle lines have been granted parts-marking 
exemptions by the agency. The average theft rates for the Mitsubishi 
Galant, Endeavor, Outlander and Lancer vehicle lines using an average 
of 3 MY's data are 3.6664, 1.7721, 0.7253 and 0.9747 respectively. 
Therefore, Mitsubishi has concluded that the antitheft device proposed 
for its vehicle line is no less effective than those devices in the 
lines for which NHTSA has already granted full exemption from the 
parts-marking requirements.
    Based on the supporting evidence submitted by Mitsubishi on the 
device, the agency believes that the antitheft device for the 
[Confidential] 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). The 
agency concludes that the device will provide the five types of 
performance listed in Sec.  543.6(a)(3): Promoting activation; attract 
attention to the efforts of an unauthorized person to enter or move 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.
    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7(b), the agency grants 
a petition for an 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 Mitsubishi has provided adequate reasons for its belief that 
the antitheft device for the Mitsubishi [Confidential] 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 Mitsubishi provided about its device.
    For the foregoing reasons, the agency hereby grants in full 
Mitsubishi's petition for exemption for the [Confidential] vehicle line 
from the parts-marking requirements of 49 CFR part 541, beginning with 
its MY 2018 model year vehicles. 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

[[Page 28375]]

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. 
Mitsubishi stated that an official nameplate for the vehicle has not 
yet been determined. However, as a condition to the formal granting of 
Mitsubishi's petition for exemption from the parts-marking requirements 
of 49 CFR part 541 for the MY 2018 [Confidential] vehicle line, the 
agency fully expects Mitsubishi to notify the agency of the nameplate 
for the vehicle line prior to its introduction into the United States 
commerce for sale.
    If Mitsubishi 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 as required by 49 CFR parts 541.5 and 541.6 
(marking of major component parts and replacement parts).
    NHTSA notes that if Mitsubishi 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, Sec.  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 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.

    Issued in Washington, DC, under authority delegated in 49 CFR 
part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-12880 Filed 6-20-17; 8:45 am]
 BILLING CODE 4910-59-P



                                                                                       Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices                                                   28373

                                                                                                       Percent     L/PD, SA–5, Suite 5H03, Washington,                    11. Adjourn
                                                                                                                   DC 20522–0505.                                            Attendance is open to the interested
                                                       Non-Profit Organizations with-                                                                                     public but limited to space availability.
                                                         out Credit Available Else-                                Alyson Grunder,
                                                                                                                                                                          With the approval of the chairman,
                                                         where .....................................      2.500    Deputy Assistant Secretary for Policy, Bureau
                                                                                                                   of Educational and Cultural Affairs,                   members of the public may present oral
                                                                                                                   Department of State.                                   statements at the meeting. Persons
                                                      The number assigned to this disaster
                                                                                                                                                                          wishing to present statements or obtain
                                                    for physical damage is 15170 B and for                         [FR Doc. 2017–12860 Filed 6–20–17; 8:45 am]
                                                                                                                                                                          information should contact the person
                                                    economic injury is 15171 0.                                    BILLING CODE 4710–05–P
                                                      The States which received an EIDL                                                                                   listed in the FOR FURTHER INFORMATION
                                                                                                                                                                          CONTACT section. Members of the public
                                                    Declaration # is INDIANA.
                                                                                                                                                                          may present a written statement to the
                                                    (Catalog of Federal Domestic Assistance                        DEPARTMENT OF TRANSPORTATION                           committee at any time.
                                                    Number 59008)
                                                                                                                   Federal Aviation Administration                          Issued in Washington, DC, on June 15,
                                                      Dated: June 14, 2017.                                                                                               2017.
                                                    Linda E. McMahon,                                              Fiftieth RTCA SC–224 Standards for                     Mohannad Dawoud,
                                                    Administrator.                                                 Airport Security Access Control                        Management & Program Analyst, Partnership
                                                    [FR Doc. 2017–12950 Filed 6–20–17; 8:45 am]                    Systems Plenary                                        Contracts Branch, ANG–A17, NextGen,
                                                    BILLING CODE 8025–01–P                                                                                                Procurement Services Division, Federal
                                                                                                                   AGENCY:  Federal Aviation                              Aviation Administration.
                                                                                                                   Administration (FAA), U.S. Department                  [FR Doc. 2017–12854 Filed 6–20–17; 8:45 am]
                                                                                                                   of Transportation (DOT).
                                                    DEPARTMENT OF STATE                                                                                                   BILLING CODE 4910–13–P
                                                                                                                   ACTION: Fiftieth RTCA SC–224
                                                    [Public Notice: 10041]                                         Standards for Airport Security Access
                                                                                                                   Control Systems Plenary.                               DEPARTMENT OF TRANSPORTATION
                                                    Notice of Determinations; Culturally
                                                    Significant Objects Imported for                               SUMMARY:   The FAA is issuing this notice              National Highway Traffic Safety
                                                    Exhibition Determinations: ‘‘India                             to advise the public of a meeting of                   Administration
                                                    Modern: The Paintings of M.F. Husain’’                         Fiftieth RTCA SC–224 Standards for
                                                    Exhibition                                                     Airport Security Access Control                        Petition for Exemption From the
                                                                                                                   Systems Plenary.                                       Vehicle Theft Prevention Standard;
                                                       Notice is hereby given of the
                                                                                                                   DATES: The meeting will be held August                 Mitsubishi Motors
                                                    following determinations: Pursuant to
                                                    the authority vested in me by the Act of                       03, 2017 10:00 a.m.–1:00 p.m.                          AGENCY: National Highway Traffic
                                                    October 19, 1965 (79 Stat. 985; 22 U.S.C.                      ADDRESSES: The meeting will be held at:                Safety Administration (NHTSA),
                                                    2459), E.O. 12047 of March 27, 1978, the                       RTCA Headquarters, 1150 18th Street                    Department of Transportation (DOT).
                                                    Foreign Affairs Reform and                                     NW., Suite 910, Washington, DC 20036.                  ACTION: Grant of petition for exemption.
                                                    Restructuring Act of 1998 (112 Stat.                           FOR FURTHER INFORMATION CONTACT:
                                                    2681, et seq.; 22 U.S.C. 6501 note, et                         Karan Hofmann at khofmann@rtca.org                     SUMMARY:   This document grants in full
                                                    seq.), Delegation of Authority No. 234 of                      or 202–330–0680, or The RTCA                           the Mitsubishi Motors R&D of America,
                                                    October 1, 1999, Delegation of Authority                       Secretariat, 1150 18th Street NW., Suite               Inc.’s (Mitsubishi) petition for
                                                    No. 236–3 of August 28, 2000 (and, as                          910, Washington, DC 20036, or by                       exemption of the Mitsubishi
                                                    appropriate, Delegation of Authority No.                       telephone at (202) 833–9339, fax at (202)              [Confidential] vehicle line in
                                                    257–1 of December 11, 2015), I hereby                          833–9434, or Web site at http://                       accordance with Exemption from the
                                                    determine that certain objects to be                           www.rtca.org.                                          Theft Prevention Standard. This
                                                    included in the exhibition ‘‘India                                                                                    petition is granted because the agency
                                                                                                                   SUPPLEMENTARY INFORMATION:      Pursuant               has determined that the antitheft device
                                                    Modern: The Paintings of M.F. Husain,’’                        to section 10(a)(2) of the Federal
                                                    imported from abroad for temporary                                                                                    to be placed on the line as standard
                                                                                                                   Advisory Committee Act (Pub. L. 92–                    equipment is likely to be as effective in
                                                    exhibition within the United States, are                       463, 5 U.S.C., App.), notice is hereby
                                                    of cultural significance. The objects are                                                                             reducing and deterring motor vehicle
                                                                                                                   given for a meeting of the Fiftieth RTCA               theft as compliance with the parts-
                                                    imported pursuant to a loan agreement                          SC–224 Standards for Airport Security
                                                    with the foreign owner or custodian. I                                                                                marking requirements of the Federal
                                                                                                                   Access Control Systems Plenary. The                    Motor Vehicle Theft Prevention
                                                    also determine that the exhibition or                          agenda will include the following:
                                                    display of the exhibit objects at The Art                                                                             Standard. Mitsubishi also requested
                                                    Institute of Chicago, Chicago, Illinois,                       Thursday, August 3, 2017, 10:00 a.m.–                  confidential treatment for specific
                                                    from on or about July 14, 2017, until on                       1:00 p.m.                                              information in its petition. While
                                                    or about March 4, 2018, and at possible                                                                               official notification on granting or
                                                                                                                   1. Welcome/Introductions/
                                                    additional exhibitions or venues yet to                                                                               denying Mitsubishi’s request for
                                                                                                                        Administrative Remarks
                                                    be determined, is in the national                                                                                     confidential treatment will be addressed
                                                                                                                   2. Review/Approve Previous Meeting
                                                    interest. I have ordered that Public                                                                                  by separate letter, no confidential
                                                                                                                        Summary
                                                    Notice of these Determinations be                                                                                     information provided for purposes of
                                                                                                                   3. Report on TSA participation
                                                                                                                                                                          this document has been disclosed.
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                                                    published in the Federal Register.                             4. Report on Document Distribution
                                                       For further information, including a                             Mechanisms                                        DATES: The exemption granted by this
                                                    list of the imported objects, contact the                      5. Report on the New Guidelines and                    notice is effective beginning with the
                                                    Office of Public Diplomacy and Public                               other Safe Skies Reports                          2018 model year.
                                                    Affairs in the Office of the Legal                             6. Review of DO–230H Sections                          FOR FURTHER INFORMATION CONTACT:
                                                    Adviser, U.S. Department of State                              7. Commencement of FRAC process                        Hisham Mohamed, Office of
                                                    (telephone: 202–632–6471; email:                               8. Action Items for Next Meeting                       International Policy, Fuel Economy and
                                                    section2459@state.gov). The mailing                            9. Time and Place of Next Meeting                      Consumer Programs, NHTSA, West
                                                    address is U.S. Department of State,                           10. Any Other Business                                 Building, W43–437, 1200 New Jersey


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                                                    28374                        Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices

                                                    Avenue SE., Washington, DC 20590. Mr.                   receives the key code signal transmitted               marking exemptions by the agency. The
                                                    Mohamed’s phone number is (202) 366–                    from either type of key (WCM or OSS)                   average theft rates for the Mitsubishi
                                                    0307. His fax number is (202) 493–2990.                 and verifies that the key code signal is               Galant, Endeavor, Outlander and Lancer
                                                    SUPPLEMENTARY INFORMATION: In a                         correct. The immobilizer then sends a                  vehicle lines using an average of 3 MY’s
                                                    petition dated March 30, 2017,                          separate encrypted start-code signal to                data are 3.6664, 1.7721, 0.7253 and
                                                    Mitsubishi requested exemption from                     the engine ECU to allow the driver to                  0.9747 respectively. Therefore,
                                                    the parts-marking requirements of the                   start the vehicle. The engine only will                Mitsubishi has concluded that the
                                                    Theft Prevention Standard (49 CFR part                  function if the key code matches the                   antitheft device proposed for its vehicle
                                                    541) for the Mitsubishi [Confidential]                  unique identification key code                         line is no less effective than those
                                                    vehicle line, beginning with MY 2018.                   previously programmed into the ECU. If                 devices in the lines for which NHTSA
                                                    The petition requested an exemption                     the codes do not match, the engine and                 has already granted full exemption from
                                                    from parts-marking pursuant to 49 CFR                   fuel system will be disabled.                          the parts-marking requirements.
                                                    543, Exemption from Vehicle Theft                          In addressing the specific content                     Based on the supporting evidence
                                                    Prevention Standard, based on the                       requirements of 543.6, Mitsubishi                      submitted by Mitsubishi on the device,
                                                    installation of an antitheft device as                  provided information on the reliability                the agency believes that the antitheft
                                                    standard equipment for the entire                       and durability of its proposed device.                 device for the [Confidential] vehicle line
                                                    vehicle line.                                           To ensure reliability and durability of                is likely to be as effective in reducing
                                                       Under § 543.5(a), a manufacturer may                 the device, Mitsubishi conducted tests                 and deterring motor vehicle theft as
                                                                                                            based on its own specified standards.                  compliance with the parts-marking
                                                    petition NHTSA to grant an exemption
                                                                                                            Mitsubishi provided a detailed list of                 requirements of the Theft Prevention
                                                    for one vehicle line per model year. In
                                                                                                            the tests conducted and believes that the              Standard (49 CFR part 541). The agency
                                                    its petition, Mitsubishi provided a
                                                                                                            device is reliable and durable since the               concludes that the device will provide
                                                    detailed description and diagram of the
                                                                                                            device complied with its specific                      the five types of performance listed in
                                                    identity, design, and location of the
                                                                                                            requirements for each test. Mitsubishi                 § 543.6(a)(3): Promoting activation;
                                                    components of the antitheft device for
                                                                                                            additionally stated that its immobilizer               attract attention to the efforts of an
                                                    the [Confidential] vehicle line.
                                                                                                            system is further enhanced by several                  unauthorized person to enter or move a
                                                    Mitsubishi will install a passive,
                                                                                                            factors making it very difficult to defeat.            vehicle by means other than a key;
                                                    transponder-based, electronic engine
                                                                                                            Specifically, Mitsubishi stated that                   preventing defeat or circumvention of
                                                    immobilizer device as standard                          communication between the                              the device by unauthorized persons;
                                                    equipment on its [Confidential] vehicle                 transponder and the ECU are encrypted                  preventing operation of the vehicle by
                                                    line beginning with MY 2018. Key                        and its WCM and OSS have over 4.3                      unauthorized entrants; and ensuring the
                                                    components of the antitheft device will                 billion different possible key codes that              reliability and durability of the device.
                                                    include a transponder key, electronic                   make successful key code duplication                      Pursuant to 49 U.S.C. 33106 and 49
                                                    control unit (ECU), and a passive                       virtually impossible. Mitsubishi also                  CFR 543.7(b), the agency grants a
                                                    immobilizer. Mitsubishi also stated that                stated that its immobilizer system and                 petition for an exemption from the
                                                    it will be incorporating an audible and                 the ECU share security data during                     parts-marking requirements of part 541
                                                    visual alarm system as standard                         vehicle assembly that make them a                      either in whole or in part, if it
                                                    equipment on these trim-line vehicles.                  matched set. These matched modules                     determines that, based upon substantial
                                                    Mitsubishi’s submission is considered a                 will not function if taken out and                     evidence, the standard equipment
                                                    complete petition as required by 49 CFR                 reinstalled separately on other vehicles.              antitheft device is likely to be as
                                                    543.7, in that it meets the general                     Mitsubishi also stated that it is                      effective in reducing and deterring
                                                    requirements contained in 543.5 and the                 impossible to mechanically override the                motor vehicle theft as compliance with
                                                    specific content requirements of 543.6.                 system and start the vehicle because the               the parts-marking requirements of part
                                                       Mitsubishi stated that its entry models              vehicle will not be able to start without              541. The agency finds that Mitsubishi
                                                    for the [Confidential] vehicle line will                the transmission of the specific code to               has provided adequate reasons for its
                                                    be equipped with a Wireless Control                     the electronic control module. Lastly,                 belief that the antitheft device for the
                                                    Module (WCM) immobilizer. Mitsubishi                    Mitsubishi stated that the antitheft                   Mitsubishi [Confidential] vehicle line is
                                                    explained that this is a key entry system               device is extremely reliable and durable               likely to be as effective in reducing and
                                                    in which the transponder is located in                  because there are no moving parts, nor                 deterring motor vehicle theft as
                                                    a traditional key that must be inserted                 does the key require a separate battery.               compliance with the parts-marking
                                                    into the key cylinder in order to activate                 Mitsubishi also informed the agency                 requirements of the Theft Prevention
                                                    the ignition. All other models of the                   that its Eclipse vehicle line has been                 Standard (49 CFR part 541). This
                                                    [Confidential] vehicle line are equipped                equipped with the antitheft device                     conclusion is based on the information
                                                    with a One-touch Starting System                        beginning with its MY 2000 vehicles.                   Mitsubishi provided about its device.
                                                    (OSS), which utilizes a keyless system                  Mitsubishi stated that the theft rate for                 For the foregoing reasons, the agency
                                                    that allows the driver to press a button                the MY 2000 Eclipse decreased by                       hereby grants in full Mitsubishi’s
                                                    located on the instrument panel to                      almost 42% when compared with that                     petition for exemption for the
                                                    activate and deactivate the ignition                    of its MY 1999 Mitsubishi Eclipse                      [Confidential] vehicle line from the
                                                    (instead of using a traditional key in the              (unequipped with an immobilizer                        parts-marking requirements of 49 CFR
                                                    key cylinder) as long as the transponder                device). Mitsubishi also revealed that                 part 541, beginning with its MY 2018
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    is located in close proximity to the                    the Galant, Endeavor, Outlander,                       model year vehicles. The agency notes
                                                    driver.                                                 Lancer, Outlander Sport, i-MiEV and                    that 49 CFR part 541, Appendix A–1,
                                                       Once the ignition switch is turned                   Mirage vehicle lines have been                         identifies those lines that are exempted
                                                    (pushed) to the ignition-on position, the               equipped with a similar type of                        from the Theft Prevention Standard for
                                                    transceiver module reads the specific                   immobilizer device since January 2004,                 a given model year. 49 CFR part 543.7(f)
                                                    ignition key code for the vehicle and                   April 2004, September 2006, March                      contains publication requirements
                                                    transmits an encrypted message                          2007, September 2010, October 2011                     incident to the disposition of all part
                                                    containing the key code to the electronic               and July 2013, respectively. All eight                 543 petitions. Advanced listing,
                                                    control unit (ECU). The immobilizer                     vehicle lines have been granted parts-                 including the release of future product


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                                                                                 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices                               28375

                                                    nameplates, the beginning model year                    DEPARTMENT OF TRANSPORTATION              location of the components of the
                                                    for which the petition is granted and a                                                           antitheft device for the (confidential)
                                                    general description of the antitheft                    National Highway Traffic Safety           vehicle line. Nissan stated that the MY
                                                    device is necessary in order to notify                  Administration                            2018 (confidential) vehicle line will be
                                                    law enforcement agencies of new                                                                   installed with a passive, electronic
                                                                                                            Petition for Exemption From the           engine immobilizer antitheft device as
                                                    vehicle lines exempted from the parts-                  Federal Motor Vehicle Theft Prevention standard equipment. Key components of
                                                    marking requirements of the Theft                       Standard; Nissan North America, Inc.
                                                    Prevention Standard. Mitsubishi stated                                                            the antitheft device will include an
                                                    that an official nameplate for the vehicle              AGENCY: National Highway Traffic          engine immobilizer, engine control
                                                                                                            Safety Administration (NHTSA),            module (ECM), security indicator light,
                                                    has not yet been determined. However,
                                                                                                            Department of Transportation (DOT).       immobilizer antenna, Key FOB, and a
                                                    as a condition to the formal granting of
                                                                                                            ACTION: Grant of petition for exemption.
                                                                                                                                                      specially-designed key with a
                                                    Mitsubishi’s petition for exemption                                                               microchip. Nissan will not provide any
                                                    from the parts-marking requirements of                  SUMMARY: This document grants in full     visible or audible indication of
                                                    49 CFR part 541 for the MY 2018                         the Nissan North America, Inc.’s,         unauthorized vehicle entry on the
                                                    [Confidential] vehicle line, the agency                 (Nissan) petition for exemption of the    (confidential) vehicle line.
                                                    fully expects Mitsubishi to notify the                  (confidential) vehicle line in accordance    Nissan’s submission is considered a
                                                    agency of the nameplate for the vehicle                 with the Exemption from the Theft         complete petition as required by 49 CFR
                                                    line prior to its introduction into the                 Prevention Standard. This petition is     543.7, in that it meets the general
                                                    United States commerce for sale.                        granted because the agency has            requirements contained in § 543.5 and
                                                       If Mitsubishi decides not to use the                 determined that the antitheft device to   the specific content requirements of
                                                    exemption for this line, it must formally               be placed on the line as standard         § 543.6.
                                                                                                            equipment is likely to be as effective in    In addressing the specific content
                                                    notify the agency. If such a decision is
                                                                                                            reducing and deterring motor vehicle      requirements    of 543.6, Nissan provided
                                                    made, the line must be fully marked as                                                            information on the reliability and
                                                    required by 49 CFR parts 541.5 and                      theft as compliance with the parts-
                                                                                                            marking requirements of the Federal       durability of its proposed device. Nissan
                                                    541.6 (marking of major component                                                                 stated that its antitheft device is tested
                                                    parts and replacement parts).                           Motor Vehicle Theft Prevention
                                                                                                            Standard (Theft Prevention Standard).     for specific parameters to ensure its
                                                       NHTSA notes that if Mitsubishi                       Nissan also requested confidential        reliability and durability. Nissan
                                                    wishes in the future to modify the                      treatment for specific information in its provided a detailed list of the tests
                                                    device on which this exemption is                       petition. While official notification     conducted and believes that the device
                                                    based, the company may have to submit                   granting or denying its request for       is reliable and durable since the device
                                                    a petition to modify the exemption. Part                confidential treatment will be addressed complied with its specified
                                                    543.7(d) states that a part 543 exemption               by separate letter, no confidential       requirements for each test. Nissan
                                                    applies only to vehicles that belong to                 information provided for purposes of      further stated that its immobilizer
                                                    a line exempted under this part and                     this document has been disclosed.         device satisfies the European Directive
                                                    equipped with the antitheft device on                                                             ECE R116, including tamper resistance.
                                                                                                            DATES: The exemption granted by this
                                                                                                                                                      Nissan also stated that all control units
                                                    which the line’s exemption is based.                    notice is effective beginning with the    for the device are located inside the
                                                    Further, § 543.9(c)(2) provides for the                 2018 model year (MY).                     vehicle, providing further protection
                                                    submission of petitions ‘‘to modify an                  FOR FURTHER INFORMATION CONTACT: Ms.      from unauthorized accessibility of the
                                                    exemption to permit the use of an                       Carlita Ballard, Office of International  device from outside the vehicle.
                                                    antitheft device similar to but differing               Policy, Fuel Economy and Consumer            Nissan stated that activation of its
                                                    from the one specified in that                          Programs, National Highway Traffic        immobilizer device occurs
                                                    exemption.’’                                            Safety Administration, 1200 New Jersey automatically when the ignition switch
                                                       The agency wishes to minimize the                    Avenue SE., West Building, Room W43– is turned to the ‘‘OFF’’ position which
                                                    administrative burden that part                         439, Washington, DC 20590. Ms.            then causes the security indicator light
                                                                                                            Ballard’s telephone phone number is       to flash notifying the operator that the
                                                    543.9(c)(2) could place on exempted
                                                                                                            (202) 366–5222. Her fax number is (202) immobilizer device is activated. Nissan
                                                    vehicle manufacturers and itself. The
                                                                                                            493–2990.                                 stated that the immobilizer device
                                                    agency did not intend part 543 to
                                                                                                            SUPPLEMENTARY INFORMATION: In a           prevents normal operation of the vehicle
                                                    require the submission of a modification
                                                                                                            petition dated March 31, 2017, Nissan     without using a specially-designed
                                                    petition for every change to the
                                                                                                            requested an exemption from the parts-    microchip key with a pre-registered
                                                    components or design of an antitheft
                                                                                                            marking requirements of the Theft         ‘‘Key-ID’’. Nissan also stated that, when
                                                    device. The significance of many such                   Prevention Standard for the               the brake and clutch is on and the key
                                                    changes could be de minimis. Therefore,                 (confidential) vehicle line beginning     FOB is near the engine start switch, the
                                                    NHTSA suggests that if the                              with MY 2018. The petition requested      Key-ID is scanned via the immobilizer
                                                    manufacturer contemplates making any                    an exemption from parts-marking           antenna. The microchip in the key
                                                    changes, the effects of which might be                  pursuant to 49 CFR part 543, Exemption transmits the Key-ID to the BCM,
                                                    characterized as de minimis, it should                  from Vehicle Theft Prevention Standard, beginning an encrypted communication
                                                    consult the agency before preparing and
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            based on the installation of an antitheft process. If the Key-ID and encrypted
                                                    submitting a petition to modify.                        device as standard equipment for the      code are correct, the ECM will allow the
                                                      Issued in Washington, DC, under authority             entire vehicle line.                      engine to keep running and the driver
                                                    delegated in 49 CFR part 1.95.                             Under 49 CFR part 543.5(a), a          to operate the vehicle. If the Key-ID and
                                                                                                            manufacturer may petition NHTSA to        encrypted code are not correct, the ECM
                                                    Raymond R. Posten,
                                                                                                            grant an exemption for one vehicle line   will cause the engine to shut down.
                                                    Associate Administrator for Rulemaking.                 per model year. In its petition, Nissan      Nissan stated that the proposed
                                                    [FR Doc. 2017–12880 Filed 6–20–17; 8:45 am]             provided a detailed description and       device is functionally equivalent to the
                                                    BILLING CODE 4910–59–P                                  diagram of the identity, design, and      antitheft device installed on the MY


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Document Created: 2018-11-14 10:08:42
Document Modified: 2018-11-14 10:08:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of petition for exemption.
DatesThe exemption granted by this notice is effective beginning with the 2018 model year.
ContactHisham Mohamed, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, West Building, W43-437, 1200 New Jersey Avenue SE., Washington, DC 20590. Mr. Mohamed's phone number is (202) 366-0307. His fax number is (202) 493-2990.
FR Citation82 FR 28373 

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