Petitions for Modification of Exemptions From the Vehicle Theft Protection Standard; Saab Cars USA, Inc.

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Petitions for Modification of Exemptions From the Vehicle Theft

Protection Standard; Saab Cars USA, Inc.

AGENCY: National Highway Traffic Safety Administration (NHTSA),

Department of Transportation.

ACTION: Grant of petitions for modification of exemptions from vehicle

theft protection standard.

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SUMMARY: On September 8 and September 12, 1994, Saab Cars, USA, Inc.

(``Saab'') filed petitions with the National Highway Traffic Safety

Adminsitration (``NHTSA'') asking for modification to agency-approved

exemptions from the vehicle theft protection standard for its model

years (MY) 1995-1997 900 and 9000 car lines. NHTSA is granting Saab's

petitions for modification of its exemption from the parts-marking

requirement of the vehicle theft prevention standard for the MY 1995-

1997 900 and 9000 car lines because it has determined, based on

substantial evidence, that the antitheft devices described in Saab's

petition to be placed on the car lines as standard equipment, are

likely to be as effective in reducing and deterring motor vehicle

[[Page 19985]] theft as compliance with parts-marking requirements.

DATES: The exemptions granted by this notice are effective for MY 1995

and thereafter.

FOR FURTHER INFORMATION CONTACT: Ms. Barbara A. Gray, Office of Market

Incentives, NHTSA, 400 Seventh Street, S.W., Washington, D.C. 20590.

Ms. Gray's telephone number is (202) 366-1740.

SUPPLEMENTARY INFORMATION: On June 1, 1988, NHTSA published in the

Federal Register a notice granting a petition from Saab Cars USA, Inc.

(Saab) for an exemption from the parts-marking requirements of the

vehicle theft prevention standard for the Saab 9000 car line beginning

with MY 1989. (See 53 FR 20061, June 1, 1988.) On July 26, 1993, the

agency published a Federal Register notice granting a petition from

Saab for an exemption from the parts-marking requirement of the vehicle

theft protection standard beginning with MY 1994 for a car line whose

nameplate was at that time confidential. (See 58 FR 39853, July 26,

1993.) With the beginning of production in MY 1994, the identity of

that car line, the Saab 900, became publicly available. The agency

determined that the antitheft devices, which Saab intends to install on

the two car lines as standard equipment was 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.

Saab submitted petitions for modification of those previously

approved antitheft systems, dated September 8, 1994, and September 12,

1994, for the MYs 1995 through 1997 Saab 900 and 9000 car lines,

respectively. This notice responds to both of those petitions.

These petitions contained detailed descriptions of the identity,

design, and location of the components of the antitheft systems,

including diagrams of the components and their location in each

vehicle. Saab stated that the modified antitheft systems have been

enhanced to incorporate a glass- breakage sensor; a remote transmitter

which arms, locks, unlocks, and disarms the systems; and an ignition-

fuel disengagement feature.

The functions of the existing systems have been modified by adding

three components: (1) A radio frequency remote transmitter; (2) a

separate glass breakage sensor for the windows (excluding the Saab 900

convertible models); (3) an ignition and fuel-cutoff feature to

supplement the starter disengagement feature. Presently, the operator

may activate these systems by using the key. This function has been

extended to incorporate the use of a remote transmitter. Saab stated

that the transmitter uses radio frequencies and rolling security codes.

Thus, each time the driver uses the remote transmitter, a different

code is set, making it virtually impossible to circumvent. The

transmitter also has a small LED indicator beside each button of the

transmitter to show battery charge. On the Saab 9000, locking of either

front door with the key or the remote transmitter will automatically

lock all vehicle doors and the hatch/trunk lid, and arm the starter

interrupt, fuel pump, and ignition system relays. On the 900 activation

of the system can only be accomplished by using the remote. The

ignition key will only lock the doors. Furthermore, Saab stated, in a

telephone call, that use of the key or the remote transmitter to lock

the doors will protect all windows (except on the Saab 900 convertible)

from unauthorized entry.

Once the systems are armed, unauthorized entry or breach of the

protected areas will trigger the antitheft system. In addition to

activating the audible alarm, flashing lights and starter interrupt,

arming the new system causes the fuel and ignition systems to be

disabled for 30 minutes. If the alarm is disarmed within a 30 to 300

second period, the alarm will be interrupted and the turn signals will

stop. However, if another attempted unauthorized entry is made during

that time, the system will reset itself for another 30-minute period.

Saab has added a glass breakage sensor (except on the Saab 900

convertible), which will further attract attention to unauthorized

entry attempts. There is an LED display on the dashboard that indicates

the various states of alarm.

Saab has customized some features of the alarm system, giving

customers the ability to configure the system to automatic arming

whenever the ignition is turned off, to change the type of confirmation

signal when the alarm is armed/disarmed, or to select among different

responses when the alarm is triggered.

To prevent defeat of these system, all system components will be

inaccessibly located and be monitored by the antitheft system for

unauthorized tampering. In addition, all door lock mechanisms are

covered and recessed inside the door, making it very difficult for an

unauthorized person to unlock the doors using an instrument that slides

between the window and the outer door. The interior door lock plungers

are designed so that they cannot be snagged with a wire inserted

between the weatherstripping and the window glass. Because the latch

mechanism will be located in the door, it will be more difficult to

unlatch the door by sliding an instrument between the door and the B-

or C-pillar. In the event that there is unauthorized entry without a

key despite activation of the visual and audible alarm features, the

fuel, ignition and starter disengagement features will be activated,

preventing operation of the vehicle.

Saab also stated that the keylocks on the 900 and 9000 are unique

to Saab and almost impossible to pick; and it would be extremely

difficult to duplicate the keys on either vehicle. Special key-cutting

equipment and blanks are needed to duplicate the keys. In addition,

access to codes and key blanks is made more difficult by the fact that

they are protected within the Saab dealer and corporate network.

Saab addressed the reliability and durability of its antitheft

device by providing a list of specific testing programs that validate

the system's integrity. The examinations included testing for

electrical strength, electromagnetic compatibility, radiated

interference susceptibility, conduction emissions/audio frequency,

disturbance (supply lines), transient emissions, radiated emissions/

radio-frequency disturbance (vehicle level), mechanical vibration,

random and cycled temperature, durability life cycle, mechanical shock,

ambient temperature extremes, corrosion resistance, dust and small

particle exposure, salt spray and low air pressure.

In addition, Saab stated that its antitheft systems are protected

against false activation caused by sound wave vibration, air

turbulence, and temperature or light changes. They are also equipped

with a self-diagnosis system which monitors proper functioning of the

system each time it is armed. If the system detects failure, a fault

code is stored, and the LED will blink for ten seconds after the arming

of the alarm (rather than remaining steadily lit for ten seconds) as

long as the code is left in memory.

In discussing why it believes these antitheft devices will be

effective in reducing and deterring motor vehicle theft, Saab said that

the modified systems will add features to already effective antitheft

systems. Saab based its contention in part on NHTSA's preliminary MY

1992 theft data, which shows that the Saab 9000 car line equipped with

the system for which it was previously granted an exemption has a theft

rate of .4695, ranking it 195th out of 215 vehicle lines. Saab also

based its contention on Highway Loss Data [[Page 19986]] Institute

(HLDI) results for MYs 1991-1993. Based on that data, the Saab 9000 had

a relative theft rate of 57, compared with an average rate for mid-size

luxury models of 94. This included the following specific vehicle theft

rate numbers: Buick Riviera--114; Volvo 940/960--68; Infiniti J30--71;

Mercedes 190E--121; BMW 318i/325i--126; and the BMW 525i/535i--112.

Saab contends that its system for the 900 line is effective at

reducing theft based on the HLDI data for 1991-1993. That data

indicated that for the Saab 900 convertible, which used an antitheft

system that was activated by a remote transmitter but lacked the

immobilization feature of the modified system, the relative theft rate

was 128 as compared to 140 for all cars in the ``small sports model

category.'' Comparable models were the Chevrolet Corvette convertible,

the Mazda Miata convertible, and the Mercury Capri convertible. Saab

also stated that the preliminary NHTSA theft data for MY 1992 showed

that the rate for the Saab 900 line was 1.7442, well below the median.

Saab said that it expects the rate for the MYs 1995-1996 900 line will

be below this low rate, and close to the 9000's rate of .4695.

Saab states that it believes that the antitheft systems to be

installed on the 9000 and 900 car lines will be more effective than

parts marking in reducing and deterring motor vehicle theft because the

existing system already comply with all of the criteria of

Sec. 543.6(a)(3), the new modifications are designed to improve the

current systems, and Saab now uses visible antitheft system window

warning labels.

NHTSA believes that there is substantial evidence indicating that

the modified antitheft systems planned to be installed as standard

equipment on the MY 1995 Saab 900 and 9000 car lines 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 Saab

submitted with its petitions 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 543.6(a)(4), the agency also finds that Saab

has provided adequate reasons for its belief that the modified

antitheft device will reduce and deter theft. This conclusion is based

on the information Saab provided on its devices. This information

included a description of reliability and functional tests conducted by

Saab 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 exemptions 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. Saab's petitions sought a 1995 model year effective date

for the modification of its exemption, which is earlier than the model

year following the one in which its petition is granted. Making the

modification of Saab's antitheft systems effective beginning with MY

1995 are in the public interest since it would permit expeditious

manufacture and sale of vehicles with the modified antitheft systems as

standard equipment. Saab cited the 1992 theft data published by NHTSA

in the Federal Register showing that the Saab 9000 line had a theft

rate of .4695 and for the 900 the rate was 1.7442, well below the

median theft rate. Saab stated its belief that the antitheft device

proposed for the MY 1995 900, which is essentially the same device,

will continue to have a theft rate well below the median. NHTSA finds

that this constitutes a showing of ``good cause'' and that making the

modification of Saab's petition effective beginning with MY 1995 is

consistent with the public interest and 49 U.S.C. 33106.

For the foregoing reasons, the agency hereby exempts the Saab 900

and 9000 car lines that are the subject of this notice, in whole, from

the requirements of 49 CFR part 541 for MYs 1995 through 1997.

If, in the future, Saab decides not to use the exemptions for a car

lines that are the subject of this notice, it should formally notify

the agency. If such a decision is made, the car lines must be fully

marked according to the requirements under 49 CFR 541.5 and 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 also that if Saab wishes in the future to modify the

device on which these exemptions are based, the company may have to

submit a petition to modify the exemptions. Part 543.7(d) states that a

Part 543 exemption applies only to vehicles that belong to a line

exempted under this part and equipped with the antitheft device on

which the line's exemption is based. Further, Sec. 543.9(c)(2) provides

for the submission of petitions ``(t)o modify an exemption to permit

the use of an antitheft device similar to but differing from the one

specified in that exemption.''

However, the agency wishes to minimize the administrative burden

which Sec. 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: April 14, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95-9885 Filed 4-20-95; 8:45 am]

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