Interpretation ID: nht94-3.94

TYPE: INTERPRETATION-NHTSA

DATE: August 9, 1994

FROM: Barry Felrice -- Associate Administrator for Rulemaking, NHTSA

TO: Gerald Plante -- Manager, Product Compliance, Saab Cars USA, Inc.

TITLE: NONE

ATTACHMT: Attached to letter dated 4/25/94 from Gerald Plante to Barbara Gray

TEXT: Dear Mr. Plante:

This responds to your request that the National Highway Traffic Safety Administration (NHTSA) determine that a proposed modification to a previously approved antitheft device on the Saab 900 car line is a de minimis change to the device. The proposed mo dification is to be placed on the Saab 900 line beginning with the 1995 model year. As explained below, the agency concludes that the proposed changes to the antitheft device are not de minimis.

As you are aware, in a Federal Register notice of July 26, 1993 (58 FR 39853), NHTSA determined that the antitheft device, to be placed as standard equipment on the MY 1994 Saab 900 line, was likely to be as effective as parts marking.

For the following reason, NHTSA concludes that the proposed changes to the antitheft device for the 1995 model year are not de minimis. In reaching this conclusion, we looked primarily at the antitheft device on which the exemption was originally based. For the MY 1994 device, locking the driver's door with the ignition key automatically locks all doors, arms the alarm system and activates the starter interrupt-relay. For the MY 1995 device, Saab plans to add a remote control device. The remote contr ol is separate from the ignition key that locks/unlocks the driver's door. Locking the driver's door with the remote locks all other doors, arms the alarm, and activates the starter interrupt-relay. While locking the driver's door with the ignition key will lock all other doors as before, it will no longer arm the alarm system or activate the starter interrupt-relay.

This is not an insignificant change like the substitution of new components for old components, each serving the same function. Further, the change does not simply involve adding a feature making the original device even more effective. With the existin g device, a single means (the ignition key) for locking the driver's door locked all other doors, armed

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the alarm and activated the interrupt-relay. With the planned new device, the remote does not supplant the ignition key as the means for locking the driver's door; it supplements the key. Thus, there will be less certainty with the new device that lock ing the driver's door will arm the alarm and activate the interrupt-relay.

Accordingly, NHTSA concludes that Saab's proposed modification to the antitheft device in the MY 1995 Saab 900 car line is not a de minimis change.

If Saab wishes to place its proposed antitheft device on the 900 car line for MY 1995, it must file a petition with NHTSA pursuant to 49 CFR @ 543.9(c)(2). Please note that the petition for modification must provide the same information for the modified device as is required under @ 543.6 for a new device. This includes the statement in @ 543.6(a)(1) that the antitheft device will be installed as standard equipment on all vehicles in the line for which an exemption is sought.

If you have any questions, please contact Barbara Gray or Rosalind Proctor at (202) 366-1740.