Petition To Modify an Exemption of a Previously Approved Antitheft Device; Mitsubishi Motors R&D of America

Topics:  Mitsubishi Outlander

Jane Doherty
National Highway Traffic Safety Administration
1 September 2021

[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Notices]
[Pages 49091-49092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18801]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition To Modify an Exemption of a Previously Approved 
Antitheft Device; Mitsubishi Motors R&D of America

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

ACTION: Grant of petition to modify an exemption of a previously 
approved antitheft device.

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SUMMARY: On February 2, 2009, the National Highway Traffic Safety 
Administration (NHTSA) granted in full Mitsubishi Motors R&D 
(Mitsubishi) of America's petition for an exemption from the Federal 
Motor Vehicle Theft Prevention Standard (theft prevention standard) for 
its Mitsubishi Outlander vehicle line beginning in model year (MY) 
2011. On November 12, 2012, the agency granted Mitsubishi's first 
petition to modify its previously approved exemption for the Outlander 
vehicle line beginning with MY 2014. On August 1, 2019, Mitsubishi 
submitted a second petition to modify its previously approved exemption 
for the Outlander vehicle line beginning with MY 2022. On February 17, 
2021, Mitsubishi submitted a third petition to modify its previously 
approved exemption for a confidential variant of the Outlander vehicle 
line beginning with MY 2023. Mitsubishi also requested confidential 
treatment for specific information in its petition. Therefore, no 
confidential information provided for purposes of this notice has been 
disclosed.

DATES: The modification granted by this notice is effective beginning 
with the 2023 MY.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, West 
Building, W43-439, NRM-310, 1200 New Jersey Avenue SE, Washington, DC 
20590. Ms. Ballard's phone number is (202) 366-5222. Her fax number is 
(202) 493-2990.

SUPPLEMENTARY INFORMATION: On February 2, 2009, NHTSA published in the 
Federal Register a notice granting in full a petition from Mitsubishi 
for an exemption from the parts-marking requirements of the Theft 
Prevention Standard (49 CFR 541) for the Outlander vehicle line 
beginning with its MY 2011 vehicles (see 74 FR 5891). Mitsubishi 
equipped the MY 2011 Outlander vehicles with a passive, transponder-
based, electronic engine immobilizer device and an audible and visible 
alarm.
    On August 6, 2012, Mitsubishi submitted a petition to modify the 
previously approved exemption for the Outlander vehicle line. On 
November 28, 2012 (see 77 FR 71030), the agency granted the petition 
for modification of the previously granted exemption for the Outlander 
vehicle line beginning with its MY 2014 vehicles. On August 1, 2019, 
Mitsubishi submitted a second petition to modify the previously 
approved exemption for the Outlander vehicle line. On May 11, 2020 (see 
85 FR 27798), the agency granted the petition for modification of the 
previously granted exemption for the Outlander vehicle line beginning 
with its MY 2021 vehicles, although Mitsubishi later notified the 
agency that the modification would be applied starting with its MY 2022 
vehicles. On February 17, 2021, Mitsubishi submitted a third petition 
to modify the previously approved exemption for a confidential variant 
of the Outlander vehicle line beginning with its MY 2023 vehicles.
    Mitsubishi's submission is a complete petition, as required by 49 
CFR part 543.10(d), in that it meets the general requirements contained 
in 49 CFR part 543.5 and the specific content requirements of 49 CFR 
part 543.6. Mitsubishi's petition for modification provides a detailed 
description and diagram of the identity, design, and location of the 
components of the antitheft device proposed for installation beginning 
with the 2023 MY.
    The details of Mitsubishi's first three previously-approved 
antitheft devices are described in the February 2009, November 2012, 
and May 2020 Federal Register notices granting their petitions for 
exemption (see 74 FR 5891, 77 FR 71030, and 85 FR 27798), as discussed 
above.
    In its third modification for its 2023 vehicles, Mitsubishi stated 
that it will offer the one touch starting system (OSS 3) as standard 
equipment for all confidential variants of the Outlander vehicles. The 
OSS 3 is a transponder-based electronic immobilizer system that starts 
the engine without using a mechanical key as long as the registered 
iKey Fob is located in close proximity to the driver.
    When the ignition switch is pushed to the ``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) or hands free module (HFM), which 
verifies that the key is correct. The immobilizer then sends a separate 
encrypted start-code signal to the engine ECU or HFM to allow the 
driver to start

[[Page 49092]]

the vehicle. The powertrain will function only if the key code matches 
the unique identification key code previously programmed into the ECU 
or HFM. If the codes do not match, the powertrain engine/motor will be 
disabled.
    Mitsubishi stated that its immobilizer system is further enhanced 
by several features that make it impossible to defeat, including 
encrypted communication between the transponder and the ECU (HFM). 
There are millions of different possible key codes for the new OSS 3 
system making a successful key code duplication nearly impossible. 
Mitsubishi stated that the immobilizer device and the ECU or HFM share 
security data when first installed during vehicle assembly, making them 
a matched set. These matched modules will not function if taken out and 
reinstalled separately on other vehicles. Mitsubishi also stated that 
the device is extremely reliable and durable because there are no 
moving parts, the key does not require a separate battery and it is 
impossible to mechanically override the device and start the vehicle.
    Mitsubishi stated that the Mitsubishi Outlander has been equipped 
with the immobilizer device since MY 2007. Mitsubishi also stated that 
the Eclipse, Galant, Endeavor, Lancer, Outlander Sport, I-MiEv, Mirage, 
and the Eclipse Cross vehicle lines have been equipped with a similar 
type of immobilizer device since January 2000, January 2004, April 
2004, March 2007, September 2010, October 2011, July 2013 and December 
2017 respectively, and they have all been granted parts-marking 
exemptions by the agency. Mitsubishi further stated that its Eclipse 
vehicle line has been equipped with a similar device since introduction 
of its MY 2000 vehicles. Mitsubishi further 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).
    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.8(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. In this 
case, Mitsubishi's petition is granted under 49 U.S.C. 33106(d) and 49 
CFR 543.8(c), which state that if the Secretary of Transportation 
(NHTSA, by delegation) does not make a decision about a petition within 
120 days of the petition submission, the petition shall be deemed to be 
approved and the manufacturer shall be exempt from the standard for the 
line covered by the petition for the subsequent model year.
    Separately, the agency finds that Mitsubishi has provided adequate 
reasons for its belief that the antitheft device for its 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. This conclusion is based on the information 
Mitsubishi provided about its antitheft device. NHTSA believes, based 
on the supporting evidence submitted by Mitsubishi and other 
information NHTSA has received about the effectiveness of antitheft 
devices, that the antitheft device for the confidential variant of the 
Outlander 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.
    The agency concludes that Mitsubishi's antitheft device will 
continue to provide the five types of performance listed in Sec.  
543.6(a)(3): Promoting activation; attracting attention to the efforts 
of unauthorized persons to enter or operate a vehicle by means other 
than a key; preventing defeat or circumvention of the device by 
unauthorized persons; preventing operation of the vehicle by 
unauthorized entrants; and ensuring the reliability and durability of 
the device.
    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 543.8(f) contains publication requirements 
incident to the disposition of all part 543 petitions. Advanced 
listing, including the release of future product nameplates, the 
beginning model year for which the petition is granted and a general 
description of the antitheft device is necessary in order to notify law 
enforcement agencies of new vehicle lines exempted from the parts-
marking requirements of the theft prevention standard.
    If 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. Section 543.8(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, section 543.10(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 the exemption.''
    The agency wishes to minimize the administrative burden that 
section 543.10(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 
Mitsubishi 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.
    For the foregoing reasons, the agency hereby announces a grant in 
full Mitsubishi's petition to modify the exemption for the confidential 
variant of the Outlander vehicle line, beginning with its MY 2023 
vehicles. NHTSA has determined that the modified device is likely to be 
as effective in reducing and deterring motor vehicle theft as 
compliance with the parts-marking requirements of 49 CFR part 541.

Jane Doherty,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2021-18801 Filed 8-31-21; 8:45 am]
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