Petition for Modification of a Previously Approved Antitheft Device; BMW |
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Topics: BMW 7 Series
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Ricardo Martinez
National Highway Traffic Safety Administration
September 19, 1994
[Federal Register: September 19, 1994] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Modification of a Previously Approved Antitheft Device; BMW AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Grant of petition for modification of a previously approved antitheft device. ----------------------------------------------------------------------- SUMMARY: In 1986, this agency granted BMW of North America, Inc.'s (BMW) petition for exemption from the parts marking requirements of the vehicle theft prevention standard for the BMW 7 Car line. This notice grants BMW's petition for a modification of the previously approved antitheft device. The agency grants this petition because it has determined, based on substantial evidence, that the modified antitheft device described in BMW's petition to be placed on the car line as standard equipment, is likely to be as effective in reducing and deterring motor vehicle theft as compliance with parts marking requirements. DATES: The exemption granted by this notice is effective at the beginning of the 1995 model year. FOR FURTHER INFORMATION CONTACT: Ms. Barbara A. Gray, Office of Market Incentives, NHTSA, 400 Seventh Street, SW., Washington, DC 20590. Ms. Gray's telephone number is (202) 366-1740. SUPPLEMENTARY INFORMATION: In October 1986, NHTSA published in the Federal Register a notice granting the petition from BMW of North America, Inc. (BMW) for an exemption from the parts marking requirements of the vehicle theft prevention standard for the model year (MY) 1988 BMW 7 Car line. (See 51 FR 36333, October 9, 1986). The agency determined that the antitheft device which BMW intended to install on the 7 Car line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as would compliance with the parts marking requirements of the theft prevention standard. On February 17, 1994, BMW submitted a letter to the agency stating that the MY 1995 7 Car line would include modifications to the antitheft system that is installed as standard equipment. In a letter dated August 12, 1994, the agency informed BMW that the modification to the antitheft system on the 7 Car line appeared to be subject to NHTSA approval pursuant to 49 CFR section 543.9, Terminating or modifying an exemption. The agency had determined that the changes to the previously approved antitheft system were not de minimis, based on BMW's discussions of proposed changes to radio and glove box monitoring, and the addition of a glass breakage sensor. On August 26, 1994, BMW submitted its petition for modification. The petition incorporated by reference certain information, dated May 29, 1986, that BMW already provided to NHTSA in its petition for exemption for the MY 1988 7 Car line. Together, the above information submitted by BMW constitutes a complete petition, as required by 49 CFR section 543.9(d), in that it meets the general requirements contained in section 543.5 and the specific content requirements of section 543.6. In its petition for MY 1988, BMW included a detailed description of the identity, design and location of the components of the antitheft device, including diagrams of components and their location in the vehicle. BMW stated that the system consists of three lines of defense designed to prevent entry, disable the car, and scare away potential thieves. BMW described the antitheft device that was installed as standard equipment as passively activated. BMW stated that, for MY 1995, the antitheft system will be modified in three ways: (1) A remote control device will be added. BMW describes the remote control device as ``an integral component within the vehicle key,'' used to lock/unlock the door(s) and actuate the alarm system. BMW stated that the remote control device is identical to that provided for the antitheft device on the BMW 8 Car line. In a letter to BMW dated October 4, 1993, NHTSA determined that the addition of the remote on the 8 Car line is a de minimis change to the antitheft device. (2) Monitoring circuits for the radio and glove box are removed. In their place, the antitheft device will monitor glass breakage. As under the original exemption, the antitheft device monitors door opening. BMW asserts that the combination of the door and glass monitoring make the occupant compartment impenetrable. If the glass is broken in order to unlock and open a door, the device sounds. Likewise, if a door is opened by a means other than breaking the glass, e.g., through the use of a slim jim, the device sounds when a door is opened. (3) The alarm siren's decibel level is raised from 104 decibels to 112 decibels. BMW stated that, for MY 1995, the antitheft device features a comprehensive security alarm system and an ignition/fuel system disabling device that is activated by locking the door (either driver or passenger) with the metal key. The key can be turned in the front door locks in three positions: off; 45 degrees; and 90 degrees. If the driver holds the key a little past the 90 degree position, any open windows and the sunroof close. When the key is turned 45 degrees and removed, the doors, trunk, and fuel filler door are locked and the alarm system is armed. Additionally, when the key is removed from the driver's or passenger's door lock after having been turned 45 degrees, the ignition and fuel injection systems are deactivated, immobilizing the car. When the key is turned 90 degrees and removed, the car's alarm is armed and the doors are ``double locked.'' The alarm monitors the doors, hood, trunk, side window glazing and ignition switch. If the key is not first turned in the driver's or passenger's door lock, the alarm will sound if someone tampers with the doors, hood, or trunk, or turns the ignition switch. When this happens, the horn will sound, and the hazard warning lamps and high beam headlights will flash. After 30 seconds, the alarm will automatically shut off and then rearm itself within 5 seconds. The alarm system has its own separate fuse, so removal of any of the fuses in the fuse box of the engine compartment will not disarm the system. The hood has an inside lock release located underneath the dashboard, and is also tied into the alarm system. BMW stated that the electronic control unit for the system is hidden within the vehicle. Cutting, disconnecting, or manipulating system wiring will trigger the alarm. Therefore, if a thief did manage to penetrate to the battery circuit and interrupt it, the alarm systems' memory will trigger the alarm when the circuit is again completed. The steering/ignition lock is hardened against the grip of a screw, and the housing is reinforced to prevent removal of the lock. When the key is removed, the steering lock has a mechanism that causes the lock to instantly engage, preventing steering wheel movement without any additional action. BMW states that the steering lock cannot be broken by forcing the steering wheel because a clutch in the steering drive is designed to slip long before torque sufficient to break the lock can be administered. BMW states that the inside locking mechanism operates by means of a vertical plunger on each door, and that the plunger on the driver's door overrides the other plunger. In the event of an accident, an inertia switch will unlock all doors. The same key operates door locks and the ignition/steering lock, and can be inserted in a keyhole in either direction. To prevent locking the keys in the car upon exiting, the driver's door can only be locked with a key after it is closed. BMW describes the key for the 7 Car line as being unique in that it has the equivalent of four rows of teeth. BMW asserts that the unique design makes the locks almost impossible to pick and the keys impossible to duplicate on the open market. Special key blanks, key cutting machines, and codes will be closely controlled and new keys will only be issued to authorized persons. Additionally, the first gate in the door lock keyway is hardened to resist the grip of a screw to prevent use of a slampuller. BMW states that an LED warning lamp on the center console which is visible from outside of the vehicle informs the driver of the arming status of the alarm/no-start systems. Upon return to the operator's vehicle, the warning lamp informs the operator if a theft attempt has been made, or if a door, hood or trunk is not completely closed. It also indicates if there are any problems with the system. Additionally, BMW states that the vehicle's diagnostic umbilical contains extra circuits which, when plugged into the vehicle diagnostic machine at the dealership, identifies problems with the antitheft system. As a complementary feature to the passive system, the operator may manually arm another alarm system and deactivate the vehicle's ignition/fuel systems so that a thief would not be able to start the engine and steal the vehicle. This active system is armed by the driver keying in a 4-digit code into the computer built into the dashboard. BMW addressed the reliability and durability of its antitheft device by providing a list of American and international standards for which the antitheft system has been tested and found in compliance. This list includes various environmental tests and a Swedish regulation that requires door and ignition locks to be able to resist commonly available tools for a minimum period of 5 minutes in attempted forced entries. BMW uses the proposed system's conformance to these standards as support for the likely effectiveness of the system in reducing and deterring theft. BMW noted that NHTSA's February 1986 Report to Congress indicates that the first year's theft rate for new introductions are generally lower because the demand for replacement parts is relatively small. BMW believes that this finding applies to its 7 Car line and that theft rates will generally be lower because of the limited total sales of these vehicles. Additionally, BMW believes that most of this car line will be stolen for the value of the whole car, not its parts. BMW stated that since parts marking seeks to deter thefts of automobiles for their parts, while antitheft devices deter all thefts, BMW believes that its antitheft system ``should be considerably more effective'' in reducing and deterring theft than parts marking. BMW compares its MY 1995 antitheft system to similar systems which have previously been granted exemptions by the agency. It compared its proposed system to systems installed in the Saab 9000, Mazda 929, Infiniti M30, and Lexus LS. BMW believes that its analysis reveals that its system is equivalent to, or has more extensive features than, all of the compared systems previously granted an exemption by the agency. The agency believes that the BMW antitheft device is comparable to the systems on the cited car lines. The 1983/84 median theft rate was 3.2712 thefts per thousand vehicles produced. (See 50 FR 46666, November 12, 1985). Based on data from the FBI's National Crime Information Center, NHTSA's official source of theft data, BMW showed that for MYs 1989 through 1992, the theft rates of the Saab 9000, Mazda 929, Infiniti M30, and Lexus LS fell mostly below 3.2712. For 1989, the Saab 9000 had a theft rate of 2.3691 (per thousand vehicles manufactured), and the Mazda 929 had a theft rate of 3.3610. No theft data were available for the Infiniti M30 or Lexus LS for 1989. For 1990/91, the Saab 9000 had a theft rate of 0.5125, the Mazda 929 had a theft rate of 2.7178, the Infiniti M30 had a theft rate of 2.7496, and the Lexus LS had a theft rate of 1.8977. For 1992, preliminary data show that the Saab 9000 had a theft rate of 0.4695, the Mazda 929 had a theft rate of 2.6477, the Infiniti M30 had a theft rate of 2.7117, and the Lexus LS had a theft rate of 2.4390. For these reasons, BMW believes that the antitheft system proposed for installation on its 7 Car line is likely to be as effective in reducing thefts as compliance with the parts marking requirements of part 541. NHTSA believes that there is substantial evidence indicating that the modified antitheft system installed as standard equipment on the MY 1995 BMW 7 Car line will likely be as effective in reducing and deterring motor vehicle theft as compliance with the requirements of the theft prevention standard (49 CFR part 541). This determination is based on the information that BMW submitted with its petition and on other available information. The agency believes that the modified device will continue to provide the types of performance listed in section 543.6(a)(3): promoting activation; attracting attention to unauthorized entries; preventing defeat or circumventing of the device by unauthorized persons; preventing operation of the vehicle by unauthorized entrants; and ensuring the reliability and durability of the device. As required by 49 CFR section 543.6(a)(4), the agency also finds that BMW has provided adequate reasons for its belief that the modified antitheft device will reduce and deter theft. This conclusion is based on the information BMW provided on its device. This information included a description of reliability and functional tests conducted by BMW for the antitheft device and its components. 49 CFR section 543.9(h)(2)(ii) permits the agency to establish an effective date for the modification of the antitheft device earlier than ``the model year following the model year in which NHTSA issued the modification decision'' upon a showing of good cause by the manufacturer that an earlier effective date for modifying its exemption is consistent with the public interest and purposes of 49 U.S.C. section 33106. In its petition, BMW stated that making the modification of its antitheft system effective beginning with MY 1995 is in the public interest since it would permit expeditious manufacture and sale of vehicles with the modified antitheft system as standard equipment. BMW stated the 1989 theft data published by NHTSA in the Federal Register (56 FR 7444, February 22, 1991) show that the BMW 7 Car line had a theft rate of 3.9505 per thousand vehicles stolen, somewhat above the 1983/84 median theft rate of 3.2712. BMW stated its belief that the antitheft device proposed for the MY 1995 7 Car line, with improvements that enhance the effectiveness of the antitheft system, will lower the 7 Car line's theft rate. NHTSA has reviewed this showing of ``good cause'' and finds that making the modification of BMW's petition effective beginning with the 1995 model year is consistent with the public interest and 49 U.S.C. section 33106. For the foregoing reasons, the agency hereby exempts the BMW 7 Car line that is the subject of this notice, in whole, from the requirements of 49 CFR part 541. If, in the future, BMW decides not to use the exemption for the car line that is the subject of this notice, it should formally notify the agency. If such a decision is made, the car line must be fully marked according to the requirements under 49 CFR section 541.5 and section 541.6 (marking of major component parts and replacement parts). The agency notes that the limited and apparently conflicting data on the effectiveness of the pre-standard parts marking programs continue to make it difficult to compare the effectiveness of an antitheft device with the effectiveness of compliance with the theft prevention standard. The statute clearly invites such a comparison, which the agency has made on the basis of the limited data available. With implementation of the requirements of the ``Anti Car Theft Act of 1992,'' NHTSA anticipates more probative data upon which comparisons may be made. NHTSA notes that if BMW 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, section 543.9(c)(2) provides for the submission of petitions ``(t)o 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 which section 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. Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 1.50. Issued on: September 13, 1994. Ricardo Martinez, Administrator [FR Doc. 94-23093 Filed 9-16-94; 8:45 am] BILLING CODE 4910-59-P