29736 Federal Register / Vol. 64, No. 105 / Wednesday, June 2, 1999 / Notices least equal to that provided to American Authority: 49 U.S.C. 30113; delegation of petition from General Motors owners by S4.1(j). authority at 49 CFR 1.50. Corporation (GM) for an exemption from Issued on: May 26, 1999. the parts-marking requirements of the The Public Interest and Safety Ricardo Martinez, Theft Prevention Standard (49 CFR Part MBUSI argued that the exemption Administrator. 541) for the model year MY 1991 ``would be helpful in improving the [FR Doc. 99±13896 Filed 6±1±99; 8:45 am] Cadillac DeVille. The DeVille car line trade deficit currently being suffered by BILLING CODE 4910±59±P was equipped with the ``PASS-Key'' the United States,'' possessing the antitheft device. (See 55 FR 17854, April potential to expand into other lines. The 27, 1990). In April 1991, NHTSA owners of exempted M Class vehicles DEPARTMENT OF TRANSPORTATION published in the Federal Register a will contribute to local economies notice granting in part the petition from during their sojourn in the United National Highway Traffic Safety General Motors Corporation (GM) for an States. Advocates argued that foreign Administration exemption from the parts-marking tourists will continue to visit the United requirements of the Theft Prevention Petition for Modification of Exemption States and contribute to local economies Standard (49 CFR Part 541) for the From the Vehicle Theft Prevention if the application is denied. Although it model year MY 1992 Pontiac Standard; General Motors Corporation may be in the public interest to Bonneville. The Bonneville car line was encourage sales of products made in this AGENCY: National Highway Traffic equipped with the ``PASS-Key'' country, particularly those that are Safety Administration (NHTSA), antitheft device. (See 56 FR 14413, April exclusively made in the United States Department of Transportation (DOT). 9, 1991). In March 1992, NHTSA such as the M Class, this is not a factor ACTION: published in the Federal Register a that NHTSA considers in its regulatory Grant of a petition for modification for previously approved notice granting in part the petition from decisions under the vehicle safety law. General Motors Corporation (GM) for an Advocates contends that MBUSI's antitheft devices. exemption from the parts-marking application ``makes only superficial and SUMMARY: This agency granted in part requirements of the Theft Prevention conclusory assertions that the vehicles General Motors Corporation's (GM) Standard (49 CFR Part 541) for the will provide safety equal to that of petitions for exemption from the parts- model year MY 1993 Buick LeSabre. vehicles built to all U.S. standards.'' marking requirements of the vehicle The LeSabre car line was equipped with Based on our review of the MBUSI theft prevention standard on April 27, the ``PASS-Key II'' antitheft device. (See petition, as supplemented by materials 1990, April 9, 1991 and March 26, 1992, 57 FR 10517, March 26, 1992). In submitted in response to our request, we for the Cadillac DeVille, Pontiac August 1993, NHTSA published in the conclude that MBUSI has adequately Bonneville, and Buick LeSabre car lines, Federal Register a notice granting in full supported its request. respectively. On August 25, 1993, this An exemption from the standards the petition from General Motors agency granted in full General Motors Corporation (GM) for an exemption from would be consistent with motor vehicle Corporation's (GM) petition for safety since the exempted vehicles the parts-marking requirements of the exemption from the parts-marking Theft Prevention Standard (49 CFR Part possess an overall level of safety at least requirements of the vehicle theft equal to that of nonexempted vehicles 541) for the model year 1995 prevention standard for the Oldsmobile Oldsmobile Aurora. The Aurora car line and will only be used for a limited time Aurora car line. This notice grants in in the United States in any event. was equipped with the ``PASS-Key II'' full GM's petition for modification of antitheft device. (See 58 FR 44872, Decision the previously approved antitheft device August 25, 1993). In consideration of the foregoing, it is for the Aurora car line, and provides for The agency granted partial hereby found that compliance with each full exemption of three car lines exemptions for the Cadillac DeVille, of the standards discussed above would (Cadillac DeVille, Pontiac Bonneville, Pontiac Bonneville and Buick LeSabre prevent the manufacturer from selling a and Buick LeSabre) that were previously lines at that time because the devices motor vehicle with an overall safety granted partial exemptions. The agency lacked an audible and visual alarm level at least equal to the overall safety grants this petition because it has system. As such, the GM systems level of nonexempt vehicles, and that an determined, based on substantial lacked, as standard equipment, an exemption is consistent with the public evidence, that the modified antitheft important feature that the agency has interest and motor vehicle safety. device described in GM's petition to be defined in its rulemaking on Part 543 as Accordingly, Mercedes-Benz U.S. placed on the car lines as standard one of several attributes which International, Inc., is hereby granted equipment, is likely to be as effective in contribute to the effectiveness of an NHTSA Temporary Exemption No. 99± reducing and deterring motor vehicle antitheft device: automatic activation of 3, expiring May 1, 2001, for M Class theft as compliance with the parts- the device; an audible or visual signal vehicles, from: providing the word marking requirements. that is connected to the hood, doors, ``brake'' required by Table 2 of 49 CFR DATES: The exemption granted by this and trunk, and draws attention to 571.101 Standard No. 101 Controls and notice is effective beginning with model vehicle tampering; and a disabling Displays, requirements for side marker year (MY) 2000. mechanism designed to prevent a thief lamps and reflectors, and headlamps FOR FURTHER INFORMATION CONTACT: Ms. from moving a vehicle under its own complying with S7 of 49 CFR 571.108 Rosalind Proctor, Office of Planning and power without a key. The lack of an Standard No. 108 Lamps, Reflective Consumer Programs, NHTSA, 400 audible or visual warning device made Devices, and Associated Equipment, Seventh Street, S.W., Washington, DC the agency uncertain as to whether the S5.4.2 of 49 CFR 571.111 Standard No. 20590. Ms. Proctor's telephone number device would be as effective as parts 111 Rearview Mirrors, S5.3 of 49 CFR is (202) 366±4807. Her fax number is marking in deterring theft of these 571.120 Standard No. 120 Tires for (202) 493±2739. vehicles. Consequently, the agency Vehicles Other Than Passenger Cars, SUPPLEMENTARY INFORMATION: In April believed that because of the lack of theft and S4.1(j) of 49 CFR 571.209 Standard 1990, NHTSA published in the Federal data and information available at that No. 209 Seat Belt Assemblies. Register a notice granting in part the time for lines installed with antitheft VerDate 06-MAY-99 13:35 Jun 01, 1999 Jkt 183247 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\A02JN3.123 pfrm01 PsN: 02JNN1 Federal Register / Vol. 64, No. 105 / Wednesday, June 2, 1999 / Notices 29737 devices that did not have an audible or ``PASS-Key'' system, which was the and the decoder module will be visual alarm system, GM should be basis for the agency's previous granting mounted behind the instrument panel granted a partial rather than full of a partial theft exemption for car lines for the MY 2000 Oldsmobile Aurora and exemption. Therefore, GM was required that had, as standard equipment, the Pontiac Bonneville. The ``PASS-Key III'' to mark the lines' engine and ``PASS-Key'' system. decoder module and antenna will be transmission only. GM stated that for MY 2000, the located in the steering column for the The ``PASS-Key'' theft deterrent ``PASS-Key III'' antitheft device to be MY 2000 Cadillac DeVille and Buick system utilized an ignition key, an used on the Cadillac DeVille, Pontiac LeSabre lines. GM stated that the device ignition lock cylinder and a decoder Bonneville, Buick LeSabre and cannot be defeated by removing and module. The conventional mechanical Oldsmobile Aurora car lines will utilize then subsequently reapplying vehicle code permits the key to release the more advanced technology than the power. Additionally, GM stated that steering wheel and transmission shift ``PASS-Key'' or ``PASS-Key II'' devices. replacement of the decoder module will lever locks. Before the vehicle can be The ``PASS-Key III'' device will add not defeat the device because of its started the electrical resistance of a new features and refinements to some of decoder module password. pellet embedded in the shank of the key the previous ``PASS-Key/PASS-Key II'' GM stated that the ``PASS-Key III'' must be sensed by elements in the lock components. As with the ``PASS-Key'' device has been designed to enhance the cylinder and its value compared to a and ``PASS-Key II'' antitheft devices, the functionality and theft protection of the fixed resistance in the decoder module ``PASS-Key III'' device will remain fully first and second-generation ``PASS-Key'' located in the instrument panel in the functional once the ignition has been and ``PASS-Key II'' devices. However, as passenger compartment. If the key pellet turned off and the key has been in the first and second-generation has the proper resistance, the starter removed. No operator action will be ``PASS-Key'' devices, the ``PASS-Key enable relay is energized and a discrete required other than removing the key.