Petition To Modify an Exemption of a Previously Approved Antitheft Device; General Motors Corporation, 5892-5894 [E9-2106]
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dwashington3 on PROD1PC60 with NOTICES
5892
Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices
based on its own specified standards.
Mitsubishi provided a detailed list of
the tests conducted and believes that the
device is reliable and durable since the
device complied with its specific
requirements for each test. Mitsubishi
additionally stated that its immobilizer
system is further enhanced by several
factors making it very difficult to defeat.
Specifically, Mitsubishi stated that
communication between the
transponder and the ECU are encrypted
and have trillions of different possible
key codes that make successful key code
duplication virtually impossible.
Mitsubishi also stated that its
immobilizer system and the ECU share
security data during vehicle assembly
that make them a matched set. These
matched modules will not function if
taken out and reinstalled separately on
other vehicles. Mitsubishi also stated
that it is impossible to mechanically
override the system and start the vehicle
because the vehicle will not be able to
start without the transmission of the
specific code to the electronic control
module. Lastly, Mitsubishi stated that
the antitheft device is extremely reliable
and durable because there are no
moving parts, nor does the key require
a separate battery.
Mitsubishi informed the agency that
the Outlander vehicle line was first
equipped with the proposed device
beginning with it’s MY 2007 vehicles.
Additionally, Mitsubishi informed the
agency that its Eclipse vehicle line has
been equipped with the device
beginning with it’s MY 2000 vehicles.
Mitsubishi stated that the theft rate for
the MY 2000 Eclipse decreased by
almost 42% when compared with that
of it’s MY 1999 Mitsubishi Eclipse
(unequipped with an immobilizer
device). Mitsubishi also revealed that
the Galant and Endeavor vehicle lines
have been equipped with a similar type
of immobilizer device since January and
April 2004 respectively. The Mitsubishi
Galant and Endeavor vehicle lines were
both granted parts-marking exemptions
by the agency and the average theft rates
using 3 MY’s data is 4.4173 and 2.9564
respectively. Therefore, Mitsubishi has
concluded that the antitheft device
proposed for its 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.
Based on the evidence submitted by
Mitsubishi, the agency believes that the
antitheft device for the Outlander
vehicle line is likely to be as effective
in reducing and deterring motor vehicle
theft as compliance with the partsmarking requirements of the Theft
Prevention Standard.
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Jkt 217001
Pursuant to 49 U.S.C. 33106 and 49
CFR 543.7(b), the agency grants a
petition 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 compliance with
the parts-marking requirements of part
541. The agency finds that Mitsubishi
has provided adequate reasons for its
belief that the antitheft device will
reduce and deter theft. This conclusion
is based on the information Mitsubishi
provided about its device.
The agency concludes that the device
will provide the five types of
Performance listed in § 543.6(a)(3):
promoting activation; attract attention to
the efforts of an unauthorized person to
enter or move a vehicle by means other
than a key; preventing defeat or
circumvention of the device by
unauthorized persons; preventing
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 Mitsubishi’s
petition for exemption for the Outlander
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 Mitsubishi decides not to use the
exemption for this line, it must formally
notify the agency, and, thereafter, the
line must be fully marked as required by
49 CFR parts 541.5 and 541.6 (marking
of major component parts and
replacement parts).
NHTSA notes that if Mitsubishi
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, § 543.9(c)(2) provides for the
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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 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: January 27, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9–2108 Filed 1–30–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition To Modify an Exemption of a
Previously Approved Antitheft Device;
General Motors Corporation
AGENCY: National Highway Traffic
Safety Administration, Department of
Transportation (DOT).
ACTION: Notice; Grant of Petition.
SUMMARY: On May 15, 1995, the
National Highway Traffic Safety
Administration (NHTSA) granted in full
General Motors Corporation’s (GM)
petition for an exemption in accordance
with § 543.9(c)(2) of 49 CFR part 543,
Exemption from the Theft Prevention
Standard for the Buick Regal vehicle
line (subsequently renamed LaCrosse).
On July 27, 2004, the agency granted
GM’s first petition to modify its
exemption. On September 25, 2008, GM
submitted a second petition to modify
its previously approved exemption for
the Buick Regal/LaCrosse vehicle line
beginning with model year (MY) 2010.
NHTSA is granting GM’s second
petition to modify the exemption in full
because it has determined that the
modified device is also likely to be as
effective in reducing and deterring
motor vehicle theft as compliance with
the parts-marking requirements of the
Theft Prevention Standard.
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02FEN1
Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices
DATES: The exemption granted by this
notice is effective beginning with model
year (MY) 2010.
FOR FURTHER INFORMATION CONTACT:
Deborah Mazyck, Office of International
Policy, Fuel Economy and Consumer
Standards, NHTSA, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
Ms. Mazyck’s telephone number is (202)
366–0846. Her fax number is (202) 493–
2990.
On May
15, 1995, NHTSA published in the
Federal Register a notice granting in full
a petition from GM for an exemption
from the parts-marking requirements of
the Theft Prevention Standard (49 CFR
541) for the Buick Regal vehicle line
beginning with its MY 1996 vehicles.
The Buick Regal was equipped with the
PASS-Key II antitheft device (See 69 FR
44724).
On July 27, 2004 (see 69 FR 44724),
the agency granted a petition for
modification of the previously granted
exemption for the Buick Regal/LaCrosse
vehicle line beginning with its MY 2005
vehicles. The notice also acknowledged
that the nameplate for the Buick Regal
would be changed to Buick LaCrosse.
On September 25, 2008, GM submitted
a second petition to modify the
previously approved exemption for the
Buick LaCrosse vehicle line. This notice
grants in full GM’s second petition to
modify the exemption for the Buick
LaCrosse vehicle line. GM’s submission
is a complete petition, as required by 49
CFR part 543.9(d), in that it meets the
general requirements contained in 49
CFR part 543.5 and the specific content
requirements of 49 CFR part 543.6. GM’s
petition provides a detailed description
and diagram of the identity, design, and
location of the components of the
antitheft device proposed for
installation beginning with the 2010
model year.
The MY 1996 antitheft device (PASSKey II) installed on the Buick Regal/
LaCrosse was a passively activated,
transponder-based, electronic
immobilizer system. GM stated that, in
the PASS-Key II device, the key
resistance was determined by a
microprocessor, and the key information
was monitored for the duration of a
valid ignition cycle. Additionally, a
security indicator would illuminate
continuously directing the operator to
have the vehicle serviced if ‘‘fail
enabled’’ conditions (i.e., vehicle does
not start with the proper key because of
a dirty or contaminated resistor pellet)
arose. If a fault was detected, future
ignition cycles would not be allowed
regardless of key authorization.
dwashington3 on PROD1PC60 with NOTICES
SUPPLEMENTARY INFORMATION:
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GM stated that the current PASS-Key
III antitheft device (MY 2004
modification) installed on the Buick
Regal vehicle line provides protection
against unauthorized starting and
fueling of the vehicle engine. The
antitheft device is designed to be active
at all times without direct intervention
by the vehicle operator, and so that no
specific or discrete security system
action is necessary to achieve protection
of the device. The device is fully armed
immediately after the vehicle has been
turned off and the key has been
removed. GM also stated that the PASSKey III device utilizes a special ignition
key and decoder module. The
mechanical code of the key unlocks and
releases the transmission lever. The
vehicle can only be operated when the
key’s electrical code is sensed by the
key cylinder and properly decoded by
the controller module.
The ignition key contains electronics
in the key head that receive energy from
the controller module. Upon receipt of
the data from the controller module, the
key transmits a unique code through
low frequency transmission. The
controller module translates the
received signal from the key into a
digital signal which is transmitted to the
body control module (BCM). The
received signal is compared to an
internally stored value by the BCM. If
the values match, the key is recognized
as valid and a vehicle security password
is transmitted through data link to the
engine control module to enable fuel
and starting of the vehicle.
In its second modification, GM stated
that it proposes to install its Buick
LaCrosse vehicle line with its PASS-Key
III+ antitheft device beginning with its
MY 2010 vehicles. The PASS-Key III+ is
also a transponder based electronic
immobilizer system. It is designed to be
active at all times without direct
intervention by the vehicle operator.
The antitheft device is fully armed
immediately after the ignition has been
turned off and the key removed. The
device will continue to provide
protection against unauthorized use
(i.e., starting and engine fueling), but
will not provide any visible or audible
indication of unauthorized vehicle entry
(i.e., flashing lights or horn alarm).
Components of the modified antitheft
device include an electronically-coded
ignition key, a PASS-Key III+ controller
module and a powertrain control
module. Unlike the ignition key used
with the PASS-Key and PASS-Key II
devices, the PASS-Key III and PASSKey III+ ignition key contains
electronics embedded within the head
of the key.
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5893
GM states that the PASS-Key III+
utilizes an encryption process. The
electronics embedded within the head
of the key receive energy and data from
the control module. Upon receipt of the
data, the key will calculate a response
to the data using secret information and
an internal encryption algorithm, and
transmit the response back to the
vehicle. The controller module
translates the radio frequency signal
received from the key into a digital
signal and compares the received
response to an internally calculated
value. If the values match, the key is
recognized as valid, and one of 65,534
‘‘Vehicle Security Passwords’’ is
transmitted to enable fuel and starting.
The PASS-Key III and PASS-Key III+
device use billions of electrical key
codes which varies with every ignition
cycle, while the PASS-Key II has code
combinations that never varies at each
ignition cycle. In the PASS-Key III+,
each key is uniquely coded and the
vehicle can be programmed to operate
with up to ten different codes,
compared to the PASS-Key and PASSKey II devices that only allow a vehicle
to recognize a single unique code. The
PASS-Key III+ device uses an encrypted
code while the codes for the PASS-Key,
PASS-Key II and PASS-Key III devices
use a fixed code.
GM indicated that the theft rates, as
reported by the Federal Bureau of
Investigation’s National Crime
Information Center (NCIC), are lower for
GM models equipped with the ‘‘PASSKey’’-like systems which have
exemptions from the parts-marking
requirements of 49 CFR part 541, than
the theft rates for earlier, similarlyconstructed models which were partsmarked. Based on the performance of
the PASS-Key, PASS-Key II, and PASSKey III systems on other GM models,
and the advanced technology utilized by
the modification, GM believes that the
MY 2010 antitheft device will be more
effective in deterring theft than the
parts-marking requirements of 49 CFR
part 541.
GM stated that the theft rates for the
2003 and 2004 Cadillac CTS and the MY
2004 Cadillac SRX currently installed
with the PASS-Key III+ antitheft device
exhibit theft rates that are lower than
the median theft rate (3.5826)
established by the agency. The Cadillac
CTS introduced as a MY 2003 vehicle
line has been equipped with the PASSKey III+ device since the start of
production. The theft rates for the MY
2003 and 2004 Cadillac CTS are 1.0108
and 0.7681 respectively. Similarly, the
Cadillac SRX introduced as a MY 2004
vehicle has been equipped with the
PASS-Key III+ device since production.
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02FEN1
dwashington3 on PROD1PC60 with NOTICES
5894
Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices
The theft rate for MY 2004 Cadillac SRX
is 0.7789. GM stated that the theft rates
experienced by these lines with
installation of the PASS-Key III+ device
demonstrate the effectiveness of the
device. The agency agrees that the
device is substantially similar to devices
for which the agency has previously
approved exemptions.
GM’s proposed device, as well as
other comparable devices that have
received full exemptions from the partsmarking requirements, lack an audible
or visible alarm. Therefore, these
devices cannot perform one of the
functions listed in 49 CFR part
543.6(a)(3), that is, to call attention to
unauthorized attempts to enter or move
the vehicle. Based on comparison of the
reduction in the theft rates of GM
vehicles using a passive theft deterrent
device with an audible/visible alarm
system to the reduction in theft rates for
GM vehicle models equipped with a
passive antitheft device without an
alarm, GM finds that the lack of an
alarm or attention attracting device does
not compromise the theft deterrent
performance of a system such as PASSKey III+. In past petitions, the agency
has concluded that the lack of a visual
or audio alarm has not prevented these
antitheft devices from being effective
protection against theft.
On the basis of this comparison, GM
believes that the antitheft device (PASSKey III+) for model years 2010 and later
will provide essentially the same
functions and features as found on its
MY 2005–2009 PASS-Key III device and
therefore, its modified device will
provide at least the same level of theft
prevention as parts-marking. GM
believes that the antitheft device
proposed for installation on its MY 2010
Buick LaCrosse is likely to be as
effective in reducing thefts as
compliance with the parts marking
requirements of part 541.
In addressing the specific content
requirements of part 543.6, GM
provided information on the reliability
and durability of the proposed device.
To ensure reliability and durability of
the device, GM conducted tests based
on its own specified standards. GM
provided a detailed list of the tests
conducted and believes that the device
is reliable and durable since it complied
with the specified requirements for each
test. GM also stated that since the
authorization code is not handled or
contacted by the vehicle operator, the
reliability of the PASS-Key III+ is
significantly improved over the PASSKey and PASS-Key II devices. This
reliability allows the system to return to
the ‘‘Go/No Go’’ based system,
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15:03 Jan 30, 2009
Jkt 217001
eliminating the ‘‘fail enabled’’ mode of
operation.
The agency has evaluated GM’s MY
2010 petition to modify the exemption
for the Buick LaCrosse vehicle line from
the parts-marking requirements of 49
CFR part 541, and has decided to grant
it. It has determined that the PASS-Key
III+ system is likely to be as effective as
parts-marking in preventing and
deterring theft of these vehicles, and
therefore qualifies for an exemption
under 49 CFR part 543. The agency
believes that the proposed device will
continue to provide four of the five
types of performance listed in
§ 543.6(a)(3): promoting activation;
preventing defeat or circumvention of
the device by unauthorized persons;
preventing operation of the vehicle by
unauthorized entrants; and ensuring the
reliability and durability of the device.
If GM 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 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: January 27, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9–2106 Filed 1–30–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Vehicle Theft Prevention Standard;
Mitsubishi Motors
AGENCY: National Highway Traffic
Safety Administration (NHTSA)
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
SUMMARY: This document grants in full
the Mitsubishi Motors R&D of America
(Mitsubishi) petition for exemption of
the Mitsubishi Lancer vehicle line in
accordance with 49 CFR part 543,
Exemption from the Theft Prevention
Standard. 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
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Sfmt 4703
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). Mitsubishi requested confidential
treatment for some of the information
and attachments it submitted in support
of its petition. The agency will address
Mitsubishi’s request for confidential
treatment by separate letter.
DATES: The exemption granted by this
notice is effective beginning with the
2010 model year.
FOR FURTHER INFORMATION CONTACT: Ms.
Carlita Ballard, Office of International
Policy, Fuel Economy and Consumer
Programs, NHTSA, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
Ms. Ballard’s phone number is (202)
366–0846. Her fax number is (202) 493–
2990.
SUPPLEMENTARY INFORMATION: In a
petition dated September 26, 2008,
Mitsubishi requested exemption from
the parts-marking requirements of the
Theft Prevention Standard (49 CFR part
541) for the Mitsubishi Lancer 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 § 543.5(a), a manufacturer may
petition NHTSA to grant an exemption
for one vehicle line per model year. In
its petition, Mitsubishi provided a
detailed description and diagram of the
identity, design, and location of the
components of the antitheft device for
the Lancer vehicle line. Mitsubishi will
install a passive, transponder-based,
electronic engine immobilizer device as
standard equipment on its Lancer
vehicle line beginning with MY 2010.
Features of the antitheft device will
include an electronic key, electronic
control unit (ECU), and a passive
immobilizer. Mitsubishi will also
incorporate an alarm system as standard
equipment on all Lancer models, except
for the DE models, which will offer an
optional alarm system. However, based
on the declining theft rate experience of
other vehicles equipped with devices
that do not have an audio or visual
alarm for which NHTSA has already
exempted from the parts-marking
requirements, the agency has concluded
that the absence of a visual or audio
alarm has not prevented these antitheft
devices from being effective protection
against theft. Mitsubishi’s submission is
considered a complete petition as
required by 49 CFR 543.7, in that it
meets the general requirements
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02FEN1
Agencies
[Federal Register Volume 74, Number 20 (Monday, February 2, 2009)]
[Notices]
[Pages 5892-5894]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2106]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition To Modify an Exemption of a Previously Approved
Antitheft Device; General Motors Corporation
AGENCY: National Highway Traffic Safety Administration, Department of
Transportation (DOT).
ACTION: Notice; Grant of Petition.
-----------------------------------------------------------------------
SUMMARY: On May 15, 1995, the National Highway Traffic Safety
Administration (NHTSA) granted in full General Motors Corporation's
(GM) petition for an exemption in accordance with Sec. 543.9(c)(2) of
49 CFR part 543, Exemption from the Theft Prevention Standard for the
Buick Regal vehicle line (subsequently renamed LaCrosse). On July 27,
2004, the agency granted GM's first petition to modify its exemption.
On September 25, 2008, GM submitted a second petition to modify its
previously approved exemption for the Buick Regal/LaCrosse vehicle line
beginning with model year (MY) 2010. NHTSA is granting GM's second
petition to modify the exemption in full because it has determined that
the modified device is also likely to be as effective in reducing and
deterring motor vehicle theft as compliance with the parts-marking
requirements of the Theft Prevention Standard.
[[Page 5893]]
DATES: The exemption granted by this notice is effective beginning with
model year (MY) 2010.
FOR FURTHER INFORMATION CONTACT: Deborah Mazyck, Office of
International Policy, Fuel Economy and Consumer Standards, NHTSA, 1200
New Jersey Avenue, SE., Washington, DC 20590. Ms. Mazyck's telephone
number is (202) 366-0846. Her fax number is (202) 493-2990.
SUPPLEMENTARY INFORMATION: On May 15, 1995, NHTSA published in the
Federal Register a notice granting in full a petition from GM for an
exemption from the parts-marking requirements of the Theft Prevention
Standard (49 CFR 541) for the Buick Regal vehicle line beginning with
its MY 1996 vehicles. The Buick Regal was equipped with the PASS-Key II
antitheft device (See 69 FR 44724).
On July 27, 2004 (see 69 FR 44724), the agency granted a petition
for modification of the previously granted exemption for the Buick
Regal/LaCrosse vehicle line beginning with its MY 2005 vehicles. The
notice also acknowledged that the nameplate for the Buick Regal would
be changed to Buick LaCrosse. On September 25, 2008, GM submitted a
second petition to modify the previously approved exemption for the
Buick LaCrosse vehicle line. This notice grants in full GM's second
petition to modify the exemption for the Buick LaCrosse vehicle line.
GM's submission is a complete petition, as required by 49 CFR part
543.9(d), in that it meets the general requirements contained in 49 CFR
part 543.5 and the specific content requirements of 49 CFR part 543.6.
GM's petition provides a detailed description and diagram of the
identity, design, and location of the components of the antitheft
device proposed for installation beginning with the 2010 model year.
The MY 1996 antitheft device (PASS-Key II) installed on the Buick
Regal/LaCrosse was a passively activated, transponder-based, electronic
immobilizer system. GM stated that, in the PASS-Key II device, the key
resistance was determined by a microprocessor, and the key information
was monitored for the duration of a valid ignition cycle. Additionally,
a security indicator would illuminate continuously directing the
operator to have the vehicle serviced if ``fail enabled'' conditions
(i.e., vehicle does not start with the proper key because of a dirty or
contaminated resistor pellet) arose. If a fault was detected, future
ignition cycles would not be allowed regardless of key authorization.
GM stated that the current PASS-Key III antitheft device (MY 2004
modification) installed on the Buick Regal vehicle line provides
protection against unauthorized starting and fueling of the vehicle
engine. The antitheft device is designed to be active at all times
without direct intervention by the vehicle operator, and so that no
specific or discrete security system action is necessary to achieve
protection of the device. The device is fully armed immediately after
the vehicle has been turned off and the key has been removed. GM also
stated that the PASS-Key III device utilizes a special ignition key and
decoder module. The mechanical code of the key unlocks and releases the
transmission lever. The vehicle can only be operated when the key's
electrical code is sensed by the key cylinder and properly decoded by
the controller module.
The ignition key contains electronics in the key head that receive
energy from the controller module. Upon receipt of the data from the
controller module, the key transmits a unique code through low
frequency transmission. The controller module translates the received
signal from the key into a digital signal which is transmitted to the
body control module (BCM). The received signal is compared to an
internally stored value by the BCM. If the values match, the key is
recognized as valid and a vehicle security password is transmitted
through data link to the engine control module to enable fuel and
starting of the vehicle.
In its second modification, GM stated that it proposes to install
its Buick LaCrosse vehicle line with its PASS-Key III+ antitheft device
beginning with its MY 2010 vehicles. The PASS-Key III+ is also a
transponder based electronic immobilizer system. It is designed to be
active at all times without direct intervention by the vehicle
operator. The antitheft device is fully armed immediately after the
ignition has been turned off and the key removed. The device will
continue to provide protection against unauthorized use (i.e., starting
and engine fueling), but will not provide any visible or audible
indication of unauthorized vehicle entry (i.e., flashing lights or horn
alarm).
Components of the modified antitheft device include an
electronically-coded ignition key, a PASS-Key III+ controller module
and a powertrain control module. Unlike the ignition key used with the
PASS-Key and PASS-Key II devices, the PASS-Key III and PASS-Key III+
ignition key contains electronics embedded within the head of the key.
GM states that the PASS-Key III+ utilizes an encryption process.
The electronics embedded within the head of the key receive energy and
data from the control module. Upon receipt of the data, the key will
calculate a response to the data using secret information and an
internal encryption algorithm, and transmit the response back to the
vehicle. The controller module translates the radio frequency signal
received from the key into a digital signal and compares the received
response to an internally calculated value. If the values match, the
key is recognized as valid, and one of 65,534 ``Vehicle Security
Passwords'' is transmitted to enable fuel and starting.
The PASS-Key III and PASS-Key III+ device use billions of
electrical key codes which varies with every ignition cycle, while the
PASS-Key II has code combinations that never varies at each ignition
cycle. In the PASS-Key III+, each key is uniquely coded and the vehicle
can be programmed to operate with up to ten different codes, compared
to the PASS-Key and PASS-Key II devices that only allow a vehicle to
recognize a single unique code. The PASS-Key III+ device uses an
encrypted code while the codes for the PASS-Key, PASS-Key II and PASS-
Key III devices use a fixed code.
GM indicated that the theft rates, as reported by the Federal
Bureau of Investigation's National Crime Information Center (NCIC), are
lower for GM models equipped with the ``PASS-Key''-like systems which
have exemptions from the parts-marking requirements of 49 CFR part 541,
than the theft rates for earlier, similarly-constructed models which
were parts-marked. Based on the performance of the PASS-Key, PASS-Key
II, and PASS-Key III systems on other GM models, and the advanced
technology utilized by the modification, GM believes that the MY 2010
antitheft device will be more effective in deterring theft than the
parts-marking requirements of 49 CFR part 541.
GM stated that the theft rates for the 2003 and 2004 Cadillac CTS
and the MY 2004 Cadillac SRX currently installed with the PASS-Key III+
antitheft device exhibit theft rates that are lower than the median
theft rate (3.5826) established by the agency. The Cadillac CTS
introduced as a MY 2003 vehicle line has been equipped with the PASS-
Key III+ device since the start of production. The theft rates for the
MY 2003 and 2004 Cadillac CTS are 1.0108 and 0.7681 respectively.
Similarly, the Cadillac SRX introduced as a MY 2004 vehicle has been
equipped with the PASS-Key III+ device since production.
[[Page 5894]]
The theft rate for MY 2004 Cadillac SRX is 0.7789. GM stated that the
theft rates experienced by these lines with installation of the PASS-
Key III+ device demonstrate the effectiveness of the device. The agency
agrees that the device is substantially similar to devices for which
the agency has previously approved exemptions.
GM's proposed device, as well as other comparable devices that have
received full exemptions from the parts-marking requirements, lack an
audible or visible alarm. Therefore, these devices cannot perform one
of the functions listed in 49 CFR part 543.6(a)(3), that is, to call
attention to unauthorized attempts to enter or move the vehicle. Based
on comparison of the reduction in the theft rates of GM vehicles using
a passive theft deterrent device with an audible/visible alarm system
to the reduction in theft rates for GM vehicle models equipped with a
passive antitheft device without an alarm, GM finds that the lack of an
alarm or attention attracting device does not compromise the theft
deterrent performance of a system such as PASS-Key III+. In past
petitions, the agency has concluded that the lack of a visual or audio
alarm has not prevented these antitheft devices from being effective
protection against theft.
On the basis of this comparison, GM believes that the antitheft
device (PASS-Key III+) for model years 2010 and later will provide
essentially the same functions and features as found on its MY 2005-
2009 PASS-Key III device and therefore, its modified device will
provide at least the same level of theft prevention as parts-marking.
GM believes that the antitheft device proposed for installation on its
MY 2010 Buick LaCrosse is likely to be as effective in reducing thefts
as compliance with the parts marking requirements of part 541.
In addressing the specific content requirements of part 543.6, GM
provided information on the reliability and durability of the proposed
device. To ensure reliability and durability of the device, GM
conducted tests based on its own specified standards. GM provided a
detailed list of the tests conducted and believes that the device is
reliable and durable since it complied with the specified requirements
for each test. GM also stated that since the authorization code is not
handled or contacted by the vehicle operator, the reliability of the
PASS-Key III+ is significantly improved over the PASS-Key and PASS-Key
II devices. This reliability allows the system to return to the ``Go/No
Go'' based system, eliminating the ``fail enabled'' mode of operation.
The agency has evaluated GM's MY 2010 petition to modify the
exemption for the Buick LaCrosse vehicle line from the parts-marking
requirements of 49 CFR part 541, and has decided to grant it. It has
determined that the PASS-Key III+ system is likely to be as effective
as parts-marking in preventing and deterring theft of these vehicles,
and therefore qualifies for an exemption under 49 CFR part 543. The
agency believes that the proposed device will continue to provide four
of the five types of performance listed in Sec. 543.6(a)(3): promoting
activation; preventing defeat or circumvention of the device by
unauthorized persons; preventing operation of the vehicle by
unauthorized entrants; and ensuring the reliability and durability of
the device.
If GM 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 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: January 27, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9-2106 Filed 1-30-09; 8:45 am]
BILLING CODE 4910-59-P