Justia Regulation Tracker

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[Federal Register: April 20, 2009 (Volume 74, Number 74)]
[Notices]               
[Page 18037-18039]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap09-139]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

 
Petition for Exemption From the Federal Motor Vehicle Motor Theft 
Prevention Standard; Porsche

AGENCY: National Highway Traffic Safety Administration, Department of 
Transportation (DOT).

ACTION: Grant of petition for exemption.

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SUMMARY: This document grants in full the petition of Porsche Cars 
North America, Inc. (Porsche) for an exemption in accordance with Sec.  
543.9(c)(2) of 49 CFR Part 543, Exemption from the Theft Prevention 
Standard, for the Porsche Panamera vehicle line beginning with model 
year (MY) 2010. This petition is granted because the agency has 
determined that the antitheft device to be placed on the line as 
standard equipment is likely to be as effective in reducing and 
deterring motor vehicle theft as compliance with the parts-marking 
requirements of the Theft Prevention Standard.

DATES: The exemption granted by this notice is effective beginning with 
model year (MY) 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of 
International Policy, Fuel Economy and Consumer Standards, NHTSA, 1200 
New Jersey Avenue, SE., Washington, DC 20590. Ms. Mazyck's phone number 
is (202) 366-0846. Her fax number is (202) 493-2290.

SUPPLEMENTARY INFORMATION: In a petition dated February 17, 2009, 
Porsche requested an exemption from the parts-marking requirements of 
the theft prevention standard (49 CFR Part 541) for the Porsche 
Panamera vehicle line beginning with MY 2010. The petition requested an 
exemption from parts-marking pursuant to 49 CFR 543, Exemption from 
Vehicle Theft Prevention Standard, based on the installation of an 
antitheft device as standard equipment for the entire vehicle line.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant an 
exemption

[[Page 18038]]

for one vehicle line per model year. In its petition, Porsche provided 
a detailed description and diagram of the identity, design, and 
location of the components of the antitheft device for its new Porsche 
Panamera vehicle line. Porsche stated that all Porsche Panamera 
vehicles will be equipped with a passive antitheft device as standard 
equipment beginning with MY 2010. Key components of the antitheft 
device will include a microprocessor-based immobilizer system, 
electronic ignition switch, transponder key, remote control unit, 
alarm/central locking control unit, optional keyless entry system and 
electronic parking brake. The device will also be equipped with an 
audible and visible alarm. Additionally, Porsche stated that the 
central locking system works in conjunction with the audible and 
visible alarm. Locking the doors with the ignition key, the remote 
control or a door switch (with the keyless entry option) will activate 
the audible and visible alarm. An ultrasonic sensor in the alarm system 
will monitor the doors, rear luggage compartment, front deck lid, fuel 
filler door, and interior movement. The horn will sound and the lights 
will flash if there is any detection of unauthorized use. Porsche's 
submission is considered a complete petition as required by 49 CFR 
543.7 in that it meets the general requirements contained in 543.5 and 
the specific content requirements of 543.6.
    Porsche stated that its immobilizer prevents the engine management 
system and steering system from functioning when the system is engaged. 
The immobilizer is automatically activated when the key is removed from 
the ignition switch assembly, or the optional special keyless entry 
keycard exits the vehicle with the driver. The immobilizer then returns 
to its normal ``off'' state, where engine starting, operation, and 
steering are not allowed. Starting the engine and operation of the 
vehicle will be allowed only when the correct code is sent to the 
control unit by using the correct key in the ignition switch, or by 
having the correct keyless entry keycard within the occupant 
compartment of the car. The ignition key contains a radio signal 
transponder, which signals the control unit to allow steering and the 
engine to be started. With the keyless entry system, operation of the 
vehicle is allowed when the ignition key is substituted with the 
special keycard that contains a radio signal transmitter similar to the 
transponder in the standard ignition key.
    The central locking system works in conjunction with the audible 
and visible alarm. Locking the doors with the ignition key, the remote 
control or a door switch (with the keyless entry option) will activate 
the audible and visible alarm.
    Porsche will also equip the Panamera vehicle line with an 
electronically activated parking brake which it states is integrated 
into the vehicle's antitheft device. If the control unit does not 
receive the correct code from the ignition key or keycard, the parking 
brake will remain activated and the vehicle cannot be towed away.
    Since the Porsche Panamera is a new vehicle line, there is 
currently no available theft rate data published by the agency for the 
vehicle line. However, Porsche provided data on the effectiveness of 
other similar antitheft devices installed on its 911 and Boxster 
vehicle lines in support of its belief that its device will be at least 
as effective as those comparable devices previously granted exemptions 
by the agency. Porsche's data showed that the theft rate for the two 
vehicle lines remained consistently low over a 3-year period. The 
average theft rate using three MY's data for the Porsche 911 and 
Boxster are 0.8261 and 0.8784 respectively. Based on the experience of 
these vehicle lines, Porsche has concluded that the antitheft device 
proposed for its Porsche Panamera vehicle line is no less effective 
than those devices in the lines for which NHTSA has already granted 
full exemption from the parts-marking requirements. The agency agrees 
that the device is substantially similar to devices in these and other 
vehicle lines for which the agency has already granted exemptions.
    In addressing the specific content requirements of 543.6, Porsche 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, Porsche 
conducted tests based on its own specified standards. Porsche provided 
a detailed list of the tests conducted (i.e., extreme temperature 
tests, voltage spike tests, reverse polarity tests, electromagnetic 
interference tests, vibration tests and endurance tests) and believes 
that the device is reliable and durable since the device complied with 
its specific requirements for each test. Additionally, Porsche stated 
that the antitheft device also features a built-in self-diagnostic that 
constantly checks for system failures. If a failure is detected, an 
alarm indicator signals the driver.
    Porsche further states that disablement of the immobilizer is 
virtually impossible. Disconnecting power to the antitheft device does 
not affect the operation of the device. Once the antitheft device is 
activated, the device stays activated until the correct key or optional 
keycard is used to instruct the engine management system through code 
to begin functioning again. Porsche also stated that the immobilizer 
cannot be disabled by manipulation of the door locks or central-locking 
system because the locks/locking system are incapable of sending the 
code needed to disable the device.
    In further support of the reliability of its antitheft device, 
Porsche informed the agency that it has developed a new ``off-board'' 
antitheft strategy to reduce the marketability of stolen electronic 
components. Specifically, Porsche stated that during the production of 
its vehicle, the initialization and registration of various antitheft 
electronic components are recorded in a central database. If the 
components have to be repaired or replaced, authorized access to the 
database must be obtained to receive authorization for the components. 
If authorized access to the central database is unavailable or the 
database indicates that the components are not authorized, further 
operation and use of the vehicle will be restricted or impossible to 
obtain.
    Based on the evidence submitted by Porsche, the agency believes 
that the antitheft device for the Panamera vehicle line is likely to be 
as effective in reducing and deterring motor vehicle theft as 
compliance with the parts-marking requirements of the Theft Prevention 
Standard (49 CFR 541).
    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7(b), the agency grants 
a petition for 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 
compliance with the parts-marking requirements of Part 541. The agency 
finds that Porsche has provided adequate reasons for its belief that 
the antitheft device for the Porsche Panamera vehicle line is likely to 
be as effective in reducing and deterring motor vehicle theft as 
compliance with the parts-marking requirements of the Theft Prevention 
Standard (49 CFR Part 541). This conclusion is based on the information 
Porsche provided about its device.
    The agency concludes that the device will provide the five types of 
performance listed in Sec.  543.6(a)(3): Promoting activation; 
attracting attention to the efforts of unauthorized persons to enter or 
operate a vehicle by means other than a key; preventing defeat or 
circumvention of the device by unauthorized persons; preventing

[[Page 18039]]

operation of the vehicle by unauthorized entrants; and ensuring the 
reliability and durability of the device.
    For the foregoing reasons, the agency hereby grants in full 
Porsche's petition for exemption for the Porsche Panamera vehicle line 
from the parts-marking requirements of 49 CFR Part 541. The agency 
notes that 49 CFR Part 541, Appendix A-1, identifies those lines that 
are exempted from the Theft Prevention Standard for a given model year. 
49 CFR Part 543.7(f) contains publication requirements incident to the 
disposition of all Part 543 petitions. Advanced listing, including the 
release of future product nameplates, the beginning model year for 
which the petition is granted and a general description of the 
antitheft device is necessary in order to notify law enforcement 
agencies of new vehicle lines exempted from the parts marking 
requirements of the Theft Prevention Standard.
    If Porsche decides not to use the exemption for this line, it 
should formally notify the agency. If such a decision is made, the line 
must be fully marked according to the requirements under 49 CFR Parts 
541.5 and 541.6 (marking of major component parts and replacement 
parts).
    NHTSA notes that if Porsche 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, Part 543.9(c)(2) provides for the 
submission of petitions ``to 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 that Part 
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, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9-8951 Filed 4-17-09; 8:45 am]

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