|
|---|
|
Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Nissan North America, Inc. Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Raymond R. Posten Date: 30 September 2021 Subjects: American Government  , Crime, Electric Vehicles
Topic: Nissan Ariya |
[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54291-54294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21197]
-----------------------------------------------------------------------
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 from the Federal Motor Vehicle Theft
Prevention Standard (theft prevention standard) for its ARIYA vehicle
line beginning in model year (MY) 2023. The petition is granted because
the agency has determined that the antitheft device to be placed on the
line as standard equipment is likely to be as effective in reducing and
deterring motor vehicle theft as compliance with the parts-marking
requirements of the theft prevention standard. Nissan 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 exemption granted by this notice is effective beginning with
the 2023 model year.
FOR FURTHER INFORMATION CONTACT: 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: Under 49 U.S.C. Chapter 331, the Secretary
of Transportation (and the National Highway Traffic Safety
Administration (NHTSA) by delegation) is required to promulgate a theft
prevention standard to provide for the identification of certain motor
vehicles and their major
[[Page 54292]]
replacement parts to impede motor vehicle theft. NHTSA promulgated
regulations at 49 CFR part 541 (theft prevention standard) to require
parts-marking for specified passenger motor vehicles and light trucks.
Pursuant to 49 U.S.C. 33106, manufacturers that are subject to the
parts-marking requirements may petition the Secretary of Transportation
for an exemption for a line of passenger motor vehicles equipped with
an antitheft device as standard equipment that the Secretary decides is
likely to be as effective in reducing and deterring motor vehicle theft
as compliance with the parts-marking requirements. In accordance with
this statute, NHTSA promulgated 49 CFR part 543, which establishes the
process through which manufacturers may seek an exemption from the
theft prevention standard.
49 CFR 543.5 provides general submission requirements for petitions
and states that each manufacturer may petition NHTSA for an exemption
of one vehicle line per model year. Among other requirements,
manufacturers must identify whether the exemption is sought under
section 543.6 or section 543.7. Under section 543.6, a manufacturer may
request an exemption by providing specific information about the
antitheft device, its capabilities, and the reasons the petitioner
believes the device to be as effective at reducing and deterring theft
as compliance with the parts-marking requirements. Section 543.7
permits a manufacturer to request an exemption under a more streamlined
process if the vehicle line is equipped with an antitheft device (an
``immobilizer'') as standard equipment that complies with one of the
standards specified in that section.
Section 543.8 establishes requirements for processing petitions for
exemption from the theft prevention standard. As stated in section
543.8(a), NHTSA processes any complete exemption petition. If NHTSA
receives an incomplete petition, NHTSA will notify the petitioner of
the deficiencies. Once NHTSA receives a complete petition the agency
will process it and, in accordance with section 543.8(b), will grant
the petition 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.
Section 543.8(c) requires NHTSA to issue its decision either to
grant or to deny an exemption petition not later than 120 days after
the date on which a complete petition is filed. If NHTSA does not make
a decision within the 120-day period, 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.\1\
Exemptions granted under part 543 apply only to the vehicle line or
lines that are subject to the grant and that are equipped with the
antitheft device on which the line's exemption was based, and are
effective for the model year beginning after the model year in which
NHTSA issues the notice of exemption, unless the notice of exemption
specifies a later year.
---------------------------------------------------------------------------
\1\ 49 U.S.C. 33106(d).
---------------------------------------------------------------------------
Sections 543.8(f) and (g) apply to the manner in which NHTSA's
decisions on petitions are to be made known. Under section 543.8(f), if
the petition is sought under section 543.6, NHTSA publishes a notice of
its decision to grant or deny the exemption petition in the Federal
Register and notifies the petitioner in writing. Under section
543.8(g), if the petition is sought under section 543.7, NHTSA notifies
the petitioner in writing of the agency's decision to grant or deny the
exemption petition.
This grant of petition for exemption considers Nissan Motor North
America, Inc.'s (Nissan) petition for its ARIYA vehicle line beginning
in MY 2023. Nissan's petition is granted under 49 U.S.C. 33106 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,
based on the information provided in Nissan's petition, NHTSA has
determined that the antitheft device to be placed on its vehicle line
as standard equipment is likely to be as effective in reducing and
deterring motor vehicle theft as compliance with the parts-marking
requirements of the theft prevention standard.
I. Specific Petition Content Requirements Under 49 CFR 543.6
Pursuant to 49 CFR part 543, Exemption from Vehicle Theft
Prevention, Nissan petitioned for an exemption for its specified
vehicle line from the parts-marking requirements of the theft
prevention standard, beginning in MY 2023. Nissan petitioned under 49
CFR 543.6, Petition: Specific content requirements, which, as described
above, requires manufacturers to provide specific information about the
antitheft device installed as standard equipment on all vehicles in the
line for which an exemption is sought, the antitheft device's
capabilities, and the reasons the petitioner believes the device to be
as effective at reducing and deterring theft as compliance with the
parts-marking requirements.
More specifically, section 543.6(a)(1) requires petitions to
include a statement that an antitheft device will be installed as
standard equipment on all vehicles in the line for which the exemption
is sought. Under section 543.6(a)(2), each petition must list each
component in the antitheft system, and include a diagram showing the
location of each of those components within the vehicle. As required by
section 543.6(a)(3), each petition must include an explanation of the
means and process by which the device is activated and functions,
including any aspect of the device designed to: (1) Facilitate or
encourage its activation by motorists; (2) attract attention to the
efforts of an unauthorized person to enter or move a vehicle by means
other than a key; (3) prevent defeating or circumventing the device by
an unauthorized person attempting to enter a vehicle by means other
than a key; (4) prevent the operation of a vehicle which an
unauthorized person has entered using means other than a key; and (5)
ensure the reliability and durability of the device.\2\
---------------------------------------------------------------------------
\2\ 49 CFR 543.6(a)(3).
---------------------------------------------------------------------------
In addition to providing information about the antitheft device and
its functionality, petitioners must also submit the reasons for their
belief that the antitheft device will be effective in reducing and
deterring motor vehicle theft, including any theft data and other data
that are available to the petitioner and form a basis for that
belief,\3\ and the reasons for their belief that the agency should
determine that the antitheft device is likely to be as effective as
compliance with the parts-marking requirements of part 541 in reducing
and deterring motor vehicle theft. In support of this belief, the
petitioners should include any statistical data that are available to
the petitioner and form the basis for the petitioner's belief that a
line of passenger motor vehicles equipped with the antitheft device is
likely to have a theft rate equal to or less than that of passenger
motor vehicles of the same, or a similar, line which have parts marked
in compliance with part 541.\4\
---------------------------------------------------------------------------
\3\ 49 CFR 543.6(a)(4).
\4\ 49 CFR 543.6(a)(5).
---------------------------------------------------------------------------
The following sections describe Nissan's petition information
provided pursuant to 49 CFR part 543, Exemption
[[Page 54293]]
from Vehicle Theft Prevention. To the extent that specific information
in Nissan's petition is subject to a properly filed confidentiality
request, that information was not disclosed as part of this notice.\5\
---------------------------------------------------------------------------
\5\ 49 CFR 512.20(a).
---------------------------------------------------------------------------
II. Nissan's Petition for Exemption
In a petition dated April 19, 2021, Nissan requested an exemption
from the parts-marking requirements of the theft prevention standard
for the ARIYA vehicle line beginning with MY 2023.
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 ARIYA vehicle line. Nissan stated that its MY
2023 ARIYA vehicle line will be installed with a passive, electronic
engine immobilizer device as standard equipment, as required by
543.6(a)(1). Key components of the antitheft device include an engine
immobilizer, immobilizer control (CONT ASSY-SMART KEYLESS), power
electronic box (PEB), immobilizer antenna and a key FOB with a pre-
registered key-ID microchip. Nissan will not provide any visible or
audible indication of unauthorized vehicle entry (i.e., flashing lights
and horn alarm) on its ARIYA vehicle line.
Pursuant to Section 543.6(a)(3), Nissan explained that activation
of its immobilizer device occurs automatically when the ignition switch
is turned to the ``OFF'' position. Nissan also stated that the
immobilizer device prevents normal operation of the vehicle without
using a special key. Nissan explained that when the brake SW is on and
the key FOB is near the engine start switch, the CONT ASSY-SMART
KEYLESS generates an electric field between the immobilizer antenna and
the microchip incorporated in the specially designed ignition key. The
microchip then transmits the key-ID via radio wave. Next, the key-ID is
received by the antenna and is amplified and transmitted to the CONT
ASSY-SMART KEYLESS. Nissan further stated that the PEB will ``request''
the CONT ASSY-SMART KEYLESS to start the encrypted communication, and
once the code is accepted, the CONT ASSY-SMART KEYLESS will send an OK-
code and an encrypted code to the PEB. If the code is not accepted, the
immobilizer control unit will send a NG-code. Nissan stated that the
PEB will only stop the motor if it receives a NG-code from the CONT
ASSY-SMART KEYLESS, the encrypted code is not correct, or no signal is
received from the CONT ASSY-SMART KEYLESS.
As required in section 543.6(a)(3)(v), 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 stated that its immobilizer device satisfies the European
Directive ECE R116, including tamper resistance. Nissan further 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 also stated that if a potential
intruder were to damage the immobilizer system, it is designed so that
the motor cannot be restarted and that the motor will restart only
after transmission of the correct Key-ID and encrypted code are
accepted. Nissan stated that if an intruder were to substitute another
immobilizer unit, the vehicle would still not be operable since the
immobilizer and PEB are code-paired.
Nissan stated that the proposed device is functionally equivalent
to the antitheft device installed on the MY 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 per thousand vehicles produced, respectively. For
reference, the theft rate for MY 2014 passenger vehicles stolen in
calendar year 2014 is 1.1512 thefts per thousand vehicles produced (82
FR 28246).
Nissan also 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 line experienced reductions from model year (MY)
2000 to 2001 and subsequent years with implementation of an engine
immobilizer device as standard equipment. Specifically, Nissan stated
that the agency's theft rate data for MY's 2001 through 2005 reported
theft rates of 1.9146, 1.8011, 1.1482, 0.8102, and 1.7298 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 manufacturers' 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.
III. Decision To Grant the Petition
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, or deemed
approved under 49 U.S.C. 33106(d). As discussed above, in this case,
Nissan's petition is granted under 49 U.S.C. 33106(d).
However, separately, NHTSA also finds that Nissan 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 Nissan provided about its antitheft device. NHTSA believes,
based on Nissan's supporting evidence, the antitheft device described
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.
The agency concludes that Nissan's antitheft device will provide
four of the five types of performance features listed
[[Page 54294]]
in section 543.6(a)(3): \6\ 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.
---------------------------------------------------------------------------
\6\ See, e.g., 70 FR 74107 (Dec. 14, 2005). NHTSA has previously
concluded that the lack of a visual or audio alarm has not prevented
some antitheft devices from being effective protection against
theft, where the theft data indicate a decline in theft rates for
vehicle lines that have been equipped with devices similar to that
what the petitioner is proposing to use.
---------------------------------------------------------------------------
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 Nissan decides not to use the exemption for its requested
vehicle line, the manufacturer must formally notify the agency. If such
a decision is made, the line must be fully marked as required by 49 CFR
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 the 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
Nissan 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 grants in full
Nissan's petition for exemption for the ARIYA vehicle line from the
parts-marking requirements of 49 CFR part 541, beginning with its MY
2023 vehicles.
Issued under authority delegated in 49 CFR 1.95 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2021-21197 Filed 9-29-21; 8:45 am]
BILLING CODE 4910-59-P