82_FR_28493 82 FR 28375 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Nissan North America, Inc.

82 FR 28375 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Nissan North America, Inc.

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

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

Page Range28375-28376
FR Document2017-12881

This document grants in full the Nissan North America, Inc.'s, (Nissan) petition for exemption of the (confidential) vehicle line in accordance with the 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 (Theft Prevention Standard). Nissan also requested confidential treatment for specific information in its petition. While official notification granting or denying its 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 28375-28376]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12881]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Nissan North America, Inc.

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

ACTION: Grant of petition for exemption.

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

SUMMARY: This document grants in full the Nissan North America, Inc.'s, 
(Nissan) petition for exemption of the (confidential) vehicle line in 
accordance with the 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 (Theft Prevention Standard). Nissan 
also requested confidential treatment for specific information in its 
petition. While official notification granting or denying its 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 (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., West 
Building, Room W43-439, Washington, DC 20590. Ms. Ballard's telephone 
phone number is (202) 366-5222. Her fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated March 31, 2017, Nissan 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for the (confidential) vehicle line beginning with 
MY 2018. 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 part 543.5(a), a manufacturer may petition NHTSA to 
grant an exemption for one vehicle line per model year. In its 
petition, Nissan provided a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device for the (confidential) vehicle line. Nissan stated that the MY 
2018 (confidential) vehicle line will be installed with a passive, 
electronic engine immobilizer antitheft device as standard equipment. 
Key components of the antitheft device will include an engine 
immobilizer, engine control module (ECM), security indicator light, 
immobilizer antenna, Key FOB, and a specially-designed key with a 
microchip. Nissan will not provide any visible or audible indication of 
unauthorized vehicle entry on the (confidential) vehicle line.
    Nissan'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.
    In addressing the specific content requirements of 543.6, Nissan 
provided information on the reliability and durability of its proposed 
device. Nissan stated that its antitheft device is tested for specific 
parameters to ensure its reliability and durability. Nissan 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. Nissan further stated that its immobilizer 
device satisfies the European Directive ECE R116, including tamper 
resistance. Nissan also stated that all control units for the device 
are located inside the vehicle, providing further protection from 
unauthorized accessibility of the device from outside the vehicle.
    Nissan stated that activation of its immobilizer device occurs 
automatically when the ignition switch is turned to the ``OFF'' 
position which then causes the security indicator light to flash 
notifying the operator that the immobilizer device is activated. Nissan 
stated that the immobilizer device prevents normal operation of the 
vehicle without using a specially-designed microchip key with a pre-
registered ``Key-ID''. Nissan also stated that, when the brake and 
clutch is on and the key FOB is near the engine start switch, the Key-
ID is scanned via the immobilizer antenna. The microchip in the key 
transmits the Key-ID to the BCM, beginning an encrypted communication 
process. If the Key-ID and encrypted code are correct, the ECM will 
allow the engine to keep running and the driver to operate the vehicle. 
If the Key-ID and encrypted code are not correct, the ECM will cause 
the engine to shut down.
    Nissan stated that the proposed device is functionally equivalent 
to the antitheft device installed on the MY

[[Page 28376]]

2011 Nissan Cube vehicle line which was granted a parts-marking 
exemption by the agency on April 14, 2010 (75 FR 19458). The agency 
notes that the theft rates for the Nissan Cube using an average of 3 
MYs data (2012-2014), are 0.3322, 0.6471 and 2.0373 respectively.
    Nissan provided data on the effectiveness of the antitheft device 
installed on its (confidential) vehicle line in support of the belief 
that its antitheft device will be highly effective in reducing and 
deterring theft. Nissan referenced the National Insurance Crime 
Bureau's data which it stated showed a 70% reduction in theft when 
comparing MY 1997 Ford Mustangs (with a standard immobilizer) to MY 
1995 Ford Mustangs (without an immobilizer). Nissan also referenced the 
Highway Loss Data Institute's data which reported that BMW vehicles 
experienced theft loss reductions resulting in a 73% decrease in 
relative claim frequency and a 78% lower average loss payment per claim 
for vehicles equipped with an immobilizer. Additionally, Nissan stated 
that theft rates for its Pathfinder vehicle experienced reductions from 
model year (MY) 2000 to 2001 with implementation of the engine 
immobilizer device as standard equipment and further significant 
reductions subsequent to MY 2001. Specifically, Nissan noted that the 
agency's theft rate data for MY's 2001 through 2006 reported theft 
rates of 1.9146, 1.8011, 1.1482, 0.8102, 1.7298 and 1.3474 respectively 
for the Nissan Pathfinder.
    Nissan compared its device to other similar devices previously 
granted exemptions by the agency. Specifically, it referenced the 
agency's grant of full exemptions to General Motors Corporation for its 
Buick Riviera and Oldsmobile Aurora vehicle lines (58 FR 44872, August 
25, 1993) and its Cadillac Seville vehicle line (62 FR 20058, April 24, 
1997) from the parts-marking requirements of the theft prevention 
standard. Nissan stated that it believes that since its device is 
functionally equivalent to other comparable manufacturer's devices that 
have already been granted parts-marking exemptions by the agency, along 
with the evidence of reduced theft rates for vehicle lines equipped 
with similar devices and advanced technology of transponder electronic 
security, the Nissan immobilizer device will have the potential to 
achieve the level of effectiveness equivalent to those vehicles already 
exempted by the agency. The agency agrees that the device is 
substantially similar to devices installed on other vehicle lines for 
which the agency has already granted exemptions
    Based on the supporting evidence submitted by Nissan, 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 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.
    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 Nissan has provided adequate reasons for its belief 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). This conclusion is based on the information Nissan 
provided about its device.
    For the foregoing reasons, the agency hereby grants in full 
Nissan's petition for exemption for the Nissan (confidential) 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. As a condition to the 
formal granting of Nissan'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 Nissan to notify the agency of 
the nameplate for the vehicle line prior to its introduction into the 
United States commerce for sale.
    If Nissan 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 Nissan 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.

    Issued in Washington, DC, under authority delegated in 49 CFR 
part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-12881 Filed 6-20-17; 8:45 am]
 BILLING CODE 4910-59-P



                                                                                 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
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                                                                                                            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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                                                    28376                        Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices

                                                    2011 Nissan Cube vehicle line which                     which the agency has already granted                   line prior to its introduction into the
                                                    was granted a parts-marking exemption                   exemptions                                             United States commerce for sale.
                                                    by the agency on April 14, 2010 (75 FR                     Based on the supporting evidence                       If Nissan decides not to use the
                                                    19458). The agency notes that the theft                 submitted by Nissan, the agency                        exemption for this line, it must formally
                                                    rates for the Nissan Cube using an                      believes that the antitheft device for the             notify the agency. If such a decision is
                                                    average of 3 MYs data (2012–2014), are                  (confidential) vehicle line is likely to be            made, the line must be fully marked
                                                    0.3322, 0.6471 and 2.0373 respectively.                 as effective in reducing and deterring                 according to the requirements under 49
                                                       Nissan provided data on the                          motor vehicle theft as compliance with                 CFR parts 541.5 and 541.6 (marking of
                                                    effectiveness of the antitheft device                   the parts-marking requirements of the                  major component parts and replacement
                                                    installed on its (confidential) vehicle                 Theft Prevention Standard (49 CFR part                 parts).
                                                    line in support of the belief that its                  541). The agency concludes that the                       NHTSA notes that if Nissan wishes in
                                                    antitheft device will be highly effective               device will provide four of the five                   the future to modify the device on
                                                    in reducing and deterring theft. Nissan                 types of performance listed in                         which this exemption is based, the
                                                    referenced the National Insurance Crime                 § 543.6(a)(3): Promoting activation;                   company may have to submit a petition
                                                    Bureau’s data which it stated showed a                  preventing defeat or circumvention of                  to modify the exemption. Part 543.7(d)
                                                    70% reduction in theft when comparing                   the device by unauthorized persons;                    states that a Part 543 exemption applies
                                                    MY 1997 Ford Mustangs (with a                           preventing operation of the vehicle by                 only to vehicles that belong to a line
                                                    standard immobilizer) to MY 1995 Ford                   unauthorized entrants; and ensuring the                exempted under this part and equipped
                                                    Mustangs (without an immobilizer).                      reliability and durability of the device.              with the antitheft device on which the
                                                    Nissan also referenced the Highway                         Pursuant to 49 U.S.C. 33106 and 49                  line’s exemption is based. Further, Part
                                                    Loss Data Institute’s data which                        CFR 543.7(b), the agency grants a                      543.9(c)(2) provides for the submission
                                                    reported that BMW vehicles                              petition for exemption from the parts-                 of petitions ‘‘to modify an exemption to
                                                    experienced theft loss reductions                       marking requirements of Part 541 either                permit the use of an antitheft device
                                                    resulting in a 73% decrease in relative                 in whole or in part, if it determines that,            similar to but differing from the one
                                                    claim frequency and a 78% lower                         based upon substantial evidence, the                   specified in that exemption.’’
                                                    average loss payment per claim for                      standard equipment antitheft device is                    The agency wishes to minimize the
                                                    vehicles equipped with an immobilizer.                  likely to be as effective in reducing and              administrative burden that Part
                                                    Additionally, Nissan stated that theft                  deterring motor vehicle theft as                       543.9(c)(2) could place on exempted
                                                    rates for its Pathfinder vehicle                        compliance with the parts-marking                      vehicle manufacturers and itself. The
                                                    experienced reductions from model year                  requirements of Part 541. The agency                   agency did not intend in drafting Part
                                                    (MY) 2000 to 2001 with implementation                   finds that Nissan has provided adequate                543 to require the submission of a
                                                    of the engine immobilizer device as                     reasons for its belief that the antitheft              modification petition for every change
                                                    standard equipment and further                          device for the (confidential) vehicle line             to the components or design of an
                                                    significant reductions subsequent to MY                 is likely to be as effective in reducing               antitheft device. The significance of
                                                    2001. Specifically, Nissan noted that the               and deterring motor vehicle theft as                   many such changes could be de
                                                    agency’s theft rate data for MY’s 2001                  compliance with the parts-marking                      minimis. Therefore, NHTSA suggests
                                                    through 2006 reported theft rates of                    requirements of the Theft Prevention                   that if the manufacturer contemplates
                                                    1.9146, 1.8011, 1.1482, 0.8102, 1.7298                  Standard (49 CFR part 541). This                       making any changes, the effects of
                                                    and 1.3474 respectively for the Nissan                  conclusion is based on the information                 which might be characterized as de
                                                    Pathfinder.                                             Nissan provided about its device.                      minimis, it should consult the agency
                                                       Nissan compared its device to other                     For the foregoing reasons, the agency               before preparing and submitting a
                                                    similar devices previously granted                      hereby grants in full Nissan’s petition                petition to modify.
                                                    exemptions by the agency. Specifically,                 for exemption for the Nissan                             Issued in Washington, DC, under authority
                                                    it referenced the agency’s grant of full                (confidential) vehicle line from the                   delegated in 49 CFR part 1.95.
                                                    exemptions to General Motors                            parts-marking requirements of 49 CFR                   Raymond R. Posten,
                                                    Corporation for its Buick Riviera and                   part 541. The agency notes that 49 CFR                 Associate Administrator for Rulemaking.
                                                    Oldsmobile Aurora vehicle lines (58 FR                  part 541, Appendix A–1, identifies                     [FR Doc. 2017–12881 Filed 6–20–17; 8:45 am]
                                                    44872, August 25, 1993) and its Cadillac                those lines that are exempted from the                 BILLING CODE 4910–59–P
                                                    Seville vehicle line (62 FR 20058, April                Theft Prevention Standard for a given
                                                    24, 1997) from the parts-marking                        model year. 49 CFR part 543.7(f)
                                                    requirements of the theft prevention                    contains publication requirements                      DEPARTMENT OF TRANSPORTATION
                                                    standard. Nissan stated that it believes                incident to the disposition of all Part
                                                    that since its device is functionally                   543 petitions. Advanced listing,                       National Highway Traffic Safety
                                                    equivalent to other comparable                          including the release of future product                Administration
                                                    manufacturer’s devices that have                        nameplates, the beginning model year
                                                    already been granted parts-marking                      for which the petition is granted and a                Petition for Exemption From the
                                                    exemptions by the agency, along with                    general description of the antitheft                   Federal Motor Vehicle Theft Prevention
                                                    the evidence of reduced theft rates for                 device is necessary in order to notify                 Standard; BMW of North America, LLC
                                                    vehicle lines equipped with similar                     law enforcement agencies of new                        AGENCY: National Highway Traffic
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                                                    devices and advanced technology of                      vehicle lines exempted from the parts-                 Safety Administration (NHTSA)
                                                    transponder electronic security, the                    marking requirements of the Theft                      Department of Transportation (DOT).
                                                    Nissan immobilizer device will have the                 Prevention Standard. As a condition to                 ACTION: Grant of petition for exemption.
                                                    potential to achieve the level of                       the formal granting of Nissan’s petition
                                                    effectiveness equivalent to those                       for exemption from the parts-marking                   SUMMARY:   This document grants in full
                                                    vehicles already exempted by the                        requirements of 49 CFR part 541 for the                the BMW of North America, LLC’s
                                                    agency. The agency agrees that the                      MY 2018 (confidential) vehicle line, the               (BMW) petition for exemption of the X2
                                                    device is substantially similar to devices              agency fully expects Nissan to notify the              vehicle line in accordance with 49 CFR
                                                    installed on other vehicle lines for                    agency of the nameplate for the vehicle                543, Exemption from the Theft


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Document Created: 2018-11-14 10:08:57
Document Modified: 2018-11-14 10:08:57
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 (MY).
ContactMs. Carlita Ballard, Office of International Policy, Fuel Economy and Consumer Programs, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., West Building, Room W43-439, Washington, DC 20590. Ms. Ballard's telephone phone number is (202) 366-5222. Her fax number is (202) 493-2990.
FR Citation82 FR 28375 

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