DOT 49 CFR PART 543-2010 EXEMPTION FROM VEHICLE THEFT PREVENTION STANDARD.pdf

1、137 Natl Highway Traffic Safety Admin., DOT Pt. 543 truck lines that have or are likely to have a low theft rate have major parts interchangeable with a majority of the covered major parts of a passenger motor vehicle line. (b) Application. These procedures apply to: (1) Each manufacturer that pro-d

2、uces (i) At least one passenger motor vehi-cle line identified in 49 CFR 541.3(a)(1) and (2) that has been or will be intro-duced into commerce in the United States, and (ii) At least one light duty truck line that has been or will be introduced into commerce in the United States and that the manufa

3、cturer identifies as likely to have a theft rate below the median theft rate; and (2) Each of those likely sub-median theft rate light duty truck lines. (c) Procedures. (1) For each light duty truck line that a manufacturer identifies under appendix C of part 541 of this chapter as having or likely

4、to have a theft rate below the median rate, the manufacturer identifies how many and which of the major parts of that line will be interchangeable with the covered major parts of any of its passenger motor vehicle lines. (2) If the manufacturer concludes that a light duty truck line that has or is l

5、ikely to have a theft rate below the median theft rate has major parts that are interchangeable with a majority of the covered major parts of a passenger motor vehicle line, the manufacturer determines whether all the vehicles of those lines with sub-median or likely sub-median theft rates will acco

6、unt for more than 90 percent of the total an-nual production of all of the manufac-turers lines with those interchange-able parts. (3) The manufacturer submits its evaluations and conclusions made under paragraphs (c)(1) and (2) of this section, together with the underlying factual information, to N

7、HTSA not less than 15 months before the date of in-troduction. During this period, the manufacturer may request a meeting with the agency to further explain the bases for its evaluations and conclu-sions. (4) Within 90 days after its receipt of the manufacturers submission under paragraph (c)(3) of

8、this section, NHTSA considers that submission, if any, and independently makes, on a preliminary basis, the determinations of those light duty truck lines with sub-median or likely sub-median theft rates which should or should not be subject to 541.5 of this chapter. NHTSA informs the manufacturer b

9、y letter of the agen-cys preliminary determinations, to-gether with the factual information considered by the agency in making them. (5) The manufacturer may request the agency to reconsider any of its pre-liminary determinations made under paragraph (c)(4) of this section. The manufacturer must sub

10、mit its request to the agency within 30 days of its re-ceipt of the letter under paragraph (c)(4) of this section informing it of the agencys evaluations and preliminary determinations. The request must in-clude the facts and arguments under-lying the manufacturers objections to the agencys prelimin

11、ary determina-tions. During this 30-day period, the manufacturer may also request a meet-ing with the agency to discuss those objections. (6) Each of the agencys preliminary determinations made under paragraph (c)(4) of this section becomes final 45 days after the agency sends the letter specified i

12、n that paragraph unless a re-quest for reconsideration has been re-ceived in accordance with paragraph (c)(5) of this section. If such a request has been received, the agency makes its final determinations within 60 days of its receipt of the request. NHTSA in-forms the manufacturer by letter of tho

13、se determinations and its response to the request for reconsideration. 69 FR 17968, Apr. 6, 2004 PART 543EXEMPTION FROM VE-HICLE THEFT PREVENTION STAND-ARD Sec. 543.1 Scope. 543.2 Purpose. 543.3 Application. 543.4 Definitions. 543.5 Petition: General requirements. 543.6 Petition: Specific content re

14、quire-ments. 543.7 Processing an exemption petition. VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00147 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-138 49 C

15、FR Ch. V (10110 Edition) 543.1 543.8 Duration of exemption. 543.9 Terminating or modifying an exemp-tion. AUTHORITY: 49 U.S.C. 322, 33101, 33102, 33103, 33104, 33105; delegation of authority at 49 CFR 1.50. SOURCE: 52 FR 33829, Sept. 8, 1987, unless otherwise noted. 543.1 Scope. This part establishe

16、s procedures under section 605 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2025) for filing and processing petitions to exempt lines of passenger motor vehicles from part 541 of this chapter, and procedures for termi-nating or modifying an exemption. 543.2 Purpose. The purpose o

17、f this part is to specify the content and format of petitions which may be filed by manufacturers of passenger motor vehicles to obtain an exemption from the parts-marking re-quirements of the vehicle theft preven-tion standard for passenger motor vehi-cle lines which include, as standard equipment,

18、 an antitheft device if the agency concludes that the device is likely to be as effective in reducing and deterring motor vehicle theft as com-pliance with the parts-marking re-quirements. This part also provides the procedures that the agency will follow in processing those petitions and in termina

19、ting or modifying exemptions. 543.3 Application. This part applies to manufacturers of vehicles subject to the requirements of part 541 of this chapter, and to any in-terested person who seeks to have NHTSA terminate an exemption. 70 FR 28851, May 19, 2005 543.4 Definitions. (a) Statutory terms. All

20、 terms defined in sections 2, 601, and 605 of the Motor Vehicle Information and Cost Savings Act are used in accordance with their statutory meanings unless otherwise defined in paragraph (b) of this section. (b) Other definitions. Line or car line means a name which a manufacturer applies to a grou

21、p of motor vehicles of the same make which have the same body or chassis, or oth-erwise are similar in construction or design. A line may, for example, in-clude 2-door, 4-door, station wagon, and hatchback vehicles of the same make. NHTSA means the National Highway Traffic Safety Administration. 543

22、.5 Petition: General requirements. (a) For each model year, a manufac-turer may petition NHTSA for an ex-emption of one car line from the re-quirements of part 541 of this chapter. However, for car lines not subject to the requirements of part 541 of this chapter until September 1, 2006, a man-ufact

23、urer may not petition NHTSA for an exemption for model years before model year 2006. (b) Each petition filed under this part for an exemption must (1) Be written in the English lan-guage; (2) Be submitted in three copies to: Administrator, National Highway Traf-fic Safety Administration, 400 Seventh

24、 Street, SW., Washington, DC 20590; (3) State the full name and address of the petitioner, the nature of its organi-zation (individual, partnership, cor-poration, etc.), and the name of the State or country under the laws of which it is organized; (4) Be submitted at least 8 months before the commen

25、cement of produc-tion of the lines specified under para-graph (5) of 543.5(b) for the first model year in which the petitioner wishes those lines to be exempted, and iden-tify that model year; (5) Identify the passenger motor vehi-cle line or lines for which exemption is sought; (6) Set forth in ful

26、l the data, views, and arguments of the petitioner sup-porting the exemption, including the information specified in 543.6; and (7) Specify and segregate any part of the information and data submitted which the petitioner requests be with-held from public disclosure in accord-ance with part 512, Con

27、fidential Business Information, of this chapter. 52 FR 33829, Sept. 8, 1987, as amended at 59 FR 10758, Mar. 8, 1994; 70 FR 28851, May 19, 2005 VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00148 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHS

28、Not for ResaleNo reproduction or networking permitted without license from IHS-,-,-139 Natl Highway Traffic Safety Admin., DOT 543.8 543.6 Petition: Specific content re-quirements. (a) Each petition for exemption filed under this part must include: (1) A statement that an antitheft de-vice will be i

29、nstalled as standard equip-ment on all vehicles in the line for which an exemption is sought; (2) A list naming each component in the antitheft system, and a diagram showing the location of each of those components within the vehicle; (3) A discussion that explains the means and process by which the

30、 device is activated and functions, including any aspect of the device designed to (i) Facilitate or encourage its activa-tion by motorists, (ii) Attract attention to the efforts of an unauthorized person to enter or move a vehicle by means other than a key, (iii) Prevent defeating or circum-venting

31、 the device by an unauthorized person attempting to enter a vehicle by means other than a key, (iv) Prevent the operation of a vehi-cle which an unauthorized person has entered using means other than a key, and (v) Ensure the reliability and dura-bility of the device; (4) The reasons for the petitio

32、ners 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; (5) The reasons for the petitioners belief that the agency should deter-mine that the

33、antitheft device is likely to be as effective as compliance with the parts-marking requirements of part 541 in reducing and deterring motor ve-hicle theft, including any statistical data that are available to the peti-tioner and form a basis for petitioners belief that a line of passenger motor vehi

34、cles 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 simi-lar, line which have parts marked in compliance with part 541. (b) Any petitioner submitting data under paragraph (a) (4) or (5) of this section shall

35、submit an explanation of its belief that the data are sufficiently representative and reliable to warrant NHTSAs reliance upon them. 52 FR 33829, Sept. 8, 1987, as amended at 59 FR 10758, Mar. 8, 1994 543.7 Processing an exemption peti-tion. (a) NHTSA processes any complete petition. If a manufactur

36、er submits a petition that does not contain all the information required by this part, NHTSA informs the manufacturer of the areas of insufficiency and advises the manufacturer that the agency does not process the petition until it re-ceives the required information. (b) The agency grants a petition

37、 for an 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 com-pliance with the parts-marki

38、ng re-quirements of part 541. (c) The agency issues its decision ei-ther to grant or deny an exemption pe-tition not later than 120 days after the date on which a complete petition is filed. (d) Any exemption granted under this part applies only to the vehicle line or lines that are the subject of t

39、he grant, and are equipped with the antitheft de-vice on which the lines exemption was based. (e) An exemption granted under this part is effective for the model year be-ginning after the model year in which NHTSA issue the notice of exemption, unless the notice of exemption speci-fies a later model

40、 year. (f) NHTSA publishes a notice of its decision to grant or deny an exemption petition in the FEDERAL REGISTER, and notifies the petitioner in writing of the agencys decision. 543.8 Duration of exemption. Each exemption under this part con-tinues in effect unless it is modified or terminated und

41、er 543.9, or the manu-facturer ceases production of the ex-empted line. VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00149 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license fr

42、om IHS-,-,-140 49 CFR Ch. V (10110 Edition) 543.9 543.9 Terminating or modifying an exemption. (a) On its own initiative or in re-sponse to a petition, NHTSA may com-mence a proceeding to terminate or modify any exemption granted under this part. (b) Any interested person may peti-tion the agency to

43、 commence a pro-ceeding to terminate or modify an ex-emption. (c)(1) In a petition to terminate an exemption, the petitioner must: (i) Identify the vehicle line or lines that are the subject of the exemption; (ii) State the reasons for petitioners belief that the standard equipment antitheft device

44、installed under the ex-emption is not as effective as compli-ance with the parts-marking require-ments of part 541 in reducing and deter-ring motor vehicle theft; (iii) Comply with 543.5, paragraphs (b) (1) through (3) and (7). (2) In a petition to modify an exemp-tion, the petitioner must: (i) Iden

45、tify the vehicle line or lines that are the subject of the exemption; (ii) Request permission to use an antitheft device similar to, but dif-ferent from the standard equipment antitheft device which is installed under the exemption; (iii) Comply with 543.5, paragraphs (b) (1) through (3) and (7); an

46、d (iv) Provide the same information for the modified device that is required under 543.6 for a new device, except that the information specified by 543.6(a)(3) need by provided only to the extent that the modified device dif-fers from the standard equipment antitheft device installed under the ex-em

47、ption. (d) NHTSA processes any complete petition. If a person submits a petition under this section that does not con-tain all the information required by it, NHTSA informs the manufacturer of the areas of insufficiency and advises the manufacturer that the agency does not process the petition until

48、 it re-ceives the required information. (e) If NHTSA denies a petition re-questing a proceeding to terminate or modify an exemption, the agency noti-fies the petitioner by letter. (f) If NHTSA commences a termi-nation proceeding on its own initiative or in response to a petition, the agency provides

49、 the manufacturer of the ex-empted line with a copy of the petition, if any, a written statement of NHTSAs reasons for commencing the pro-ceeding, and an opportunity to present its written views. (g)(1) The agency terminates an ex-emption if it determines that the antitheft device installed under the ex-emption has not been as effective as parts-marking in reducing and deter-ring motor vehicle theft. (2) Except as provided in paragrap