Petition for Exemption from the Federal Motor Vehicle Motor Theft Prevention Standard; Jaguar Land Rover, 59027-59028 [E9-27361]

Download as PDF Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices service of this decision. The decision will become the final decision of FMCSA 20 days after service if no petition for reconsideration is filed within that time. If a petition for reconsideration of this decision is filed within 20 days, the action by FMCSA on the petition for reconsideration will be the final decision. 49 CFR 397.223(d). Persons adversely affected or aggrieved by this determination may seek judicial review, in accordance with 49 U.S.C. 5127(a), in the United States Court of Appeals for the District of Columbia Circuit or in the Court of Appeals for the circuit in which the person resides or has its principal place of business. The filing of a petition for reconsideration is not a prerequisite to seeking judicial review of this decision under 49 U.S.C. 5127. Issued on: November 10, 2009. Rose A. McMurray, Acting Deputy Administrator. [FR Doc. E9–27483 Filed 11–13–09; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. TIME AND DATE: December 10, 2009, 12 noon to 3 p.m., Eastern Daylight Time. PLACE: This meeting will take place telephonically. Any interested person may call Mr. Avelino Gutierrez at (505) 827–4565 to receive the toll free number and pass code needed to participate in these meetings by telephone. STATUS: Open to the public. mstockstill on DSKH9S0YB1PROD with NOTICES MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board of Directors (the Board) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement and to that end, may consider matters properly before the Board. FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified Carrier Registration Board of Directors at (505) 827–4565. Issued on: November 10, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–27565 Filed 11–12–09; 4:15 pm] BILLING CODE 4910–EX–P VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption from the Federal Motor Vehicle Motor Theft Prevention Standard; Jaguar Land Rover AGENCY: National Highway Traffic Safety Administration, Department of Transportation (DOT). ACTION: Grant of petition for exemption. SUMMARY: This document grants in full the petition of Jaguar Land Rover North America’s, (Jaguar) petition for an exemption of the XJ 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 anti-theft 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 (49 CFR part 541). DATES: The exemption granted by this notice is effective beginning with model year (MY) 2010. FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, W43–439, 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 May 11, 2009, Jaguar requested an exemption from the partsmarking requirements of the theft prevention standard (49 CFR Part 541) for the XJ vehicle line beginning with MY 2010. The petition has been filed pursuant to 49 CFR part 543, Exemption from Vehicle Theft Prevention Standard, based on the installation of an anti-theft 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, Jaguar provided a detailed description and diagram of the identity, design, and location of the components of the anti-theft device for the XJ vehicle line. Jaguar stated that the XJ vehicles will be equipped with a passive, transponder based, electronic engine immobilizer device as standard equipment beginning with the 2010 model year. Additionally, Jaguar states that its vehicle security system also includes an audible and visual perimeter alarm system as standard PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 59027 equipment and can be armed with the Smart Key or programmed to be passively armed. The perimeter alarm system can be programmed to arm automatically 30 seconds after all doors, luggage compartment and hood apertures are closed and the Smart Key is removed from the vehicle. The siren will sound and exterior lights will flash if the hood, luggage compartment, or doors are open during unauthorization. Jaguar stated that there are three methods to its system operation, one method of operation consist of the driver approaching the vehicle and pulling on the driver’s door handle, when the door handle is pulled, the Keyless Vehicle Module via the Low frequency Door Handle Antenna sends a signal to the Key Fob by using a resonant frequency of 125 KHz. The Key fob will decrypt the data received along with its unique identifier and send an answer back to the Keyless Vehicle Module via the Remote Frequency Receiver. On pressing the ignition start button, a search is commenced in order to find and authenticate the Smart Key within the vehicle interior. If successful, this information is passed via a coded data transfer to the Body Control Module (BCM) via the Remote Function Actuator. The BCM in turn, will pass the valid key status to the instrument cluster, via a coded data transfer. The BCM sends the key valid message to the Power Train Control Module which initiates a coded data transfer, then the engine is authorized to crank, fuel and start. The second method is by using the Smart Key unlock button, upon pressing the button, the doors will unlock, once the driver presses the ignition start button, the operation is the same as method one. The third method is if the Smart Key has a discharged battery or is damaged, there is an emergency key blade that can be removed from the Smart Key and used to unlock the doors. On pressing the ignition start button, a search is commenced in order to find and authenticate the Smart Key within the vehicle interior, if successful, the Smart Key needs to be docked. Once the Smart Key is placed in the correct position, and the ignition start button is pressed again, the BCM and Smart key enter a coded data exchange via the Immobilizer Antenna Unit, the BCM in turn, passes the valid key status to the instrument cluster, via a coded data transfer. The BCM sends the key valid message to the Power Train Control Module which initiates a coded data transfer, if successful the engine is authorized to crank, fuel and start. In addressing the specific content requirements of 543.6, Jaguar provided information on the reliability and E:\FR\FM\16NON1.SGM 16NON1 mstockstill on DSKH9S0YB1PROD with NOTICES 59028 Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices durability of its proposed device. To ensure reliability and durability of the device, Jaguar conducted tests based on its own specified standards. Jaguar provided a detailed list of the tests conducted (i.e., temperature and humidity cycling, high and low temperature cycling, mechanical shock, random vibration, thermal stress/shock tests, material resistance tests, dry heat, dust and fluid ingress tests). Jaguar stated that it believes that its device is reliable and durable because it complied with specified requirements for each test. Additionally, Jaguar stated that the key recognition sequence includes in excess of a billion code combinations. The code combinations include encrypted data that are secure against copying, also the coded data transfer between modules use a unique secure identifier, random number and secure public algorithm which includes an excess of a billion code combinations. Jaguar stated that the current generation Jaguar XJ line produced since 2004 MY has an engine immobilizer system as standard equipment, but since the current generation of Jaguar XJ has only been available with an engine immobilizer, there is no comparative Jaguar data available for the XJ without an immobilizer. Also, Jaguar stated that based on MY 2006 theft information published by NHTSA, the Jaguar XJ line has had theft rates well below the median of 2.08 thefts per thousands, specifically, for the XJ8/XJ8L vehicle line,0.8711, the Vanden Plas/Super V8, 0.000, and the XJR, 0.0000. Jaguar believes this low theft rate demonstrates the effectiveness of the immobilizer system. Based on the evidence submitted by Jaguar, the agency believes that the antitheft device for the XJ 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). Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7 (b), the agency grants a petition for exemption from the partsmarking requirements of Part 541, either in whole or in part, if it determines that, based upon substantial evidence, the standard equipment anti-theft 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 Jaguar has provided adequate reasons for its belief that the anti-theft device for the Jaguar XJ 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 VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 Standard (49 CFR part 541). This conclusion is based on the information Jaguar 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 Jaguar’s petition for exemption for the Jaguar XJ 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 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 anti-theft 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 Jaguar 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 541.5 and 541.6 (marking of major component parts and replacement parts). NHTSA notes that if Jaguar 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 anti-theft 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 anti-theft 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. PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 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: November 6, 2009. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E9–27361 Filed 11–13–09; 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; Fuji Heavy Industries U.S.A., Inc. AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition for exemption. SUMMARY: This document grants in full the Fuji Heavy Industries U.S.A., Inc.’s (FUSA) petition for exemption of the Subaru Legacy 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 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). DATES: The exemption granted by this notice is effective beginning with model year (MY) 2011. FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of International Policy, Fuel Economy and Consumer Standards, NHTSA, W43–439, 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 22, 2009, FUSA requested an exemption from the parts-marking requirements of the theft prevention standard (49 CFR part 541) for the Subaru Legacy vehicle line, beginning with the 2011 model year. The petition has been filed pursuant to 49 CFR part 543, Exemption From Vehicle Theft Prevention Standard, based on the installation of an antitheft device as standard equipment for an entire vehicle line. E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 59027-59028]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27361]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption from the Federal Motor Vehicle Motor Theft 
Prevention Standard; Jaguar Land Rover

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

ACTION: Grant of petition for exemption.

-----------------------------------------------------------------------

SUMMARY: This document grants in full the petition of Jaguar Land Rover 
North America's, (Jaguar) petition for an exemption of the XJ 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 anti-theft 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 (49 CFR part 541).

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

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, W43-
439, 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 May 11, 2009, Jaguar 
requested an exemption from the parts-marking requirements of the theft 
prevention standard (49 CFR Part 541) for the XJ vehicle line beginning 
with MY 2010. The petition has been filed pursuant to 49 CFR part 543, 
Exemption from Vehicle Theft Prevention Standard, based on the 
installation of an anti-theft device as standard equipment for the 
entire vehicle line.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant an 
exemption for one vehicle line per model year. In its petition, Jaguar 
provided a detailed description and diagram of the identity, design, 
and location of the components of the anti-theft device for the XJ 
vehicle line. Jaguar stated that the XJ vehicles will be equipped with 
a passive, transponder based, electronic engine immobilizer device as 
standard equipment beginning with the 2010 model year. Additionally, 
Jaguar states that its vehicle security system also includes an audible 
and visual perimeter alarm system as standard equipment and can be 
armed with the Smart Key or programmed to be passively armed. The 
perimeter alarm system can be programmed to arm automatically 30 
seconds after all doors, luggage compartment and hood apertures are 
closed and the Smart Key is removed from the vehicle. The siren will 
sound and exterior lights will flash if the hood, luggage compartment, 
or doors are open during unauthorization.
    Jaguar stated that there are three methods to its system operation, 
one method of operation consist of the driver approaching the vehicle 
and pulling on the driver's door handle, when the door handle is 
pulled, the Keyless Vehicle Module via the Low frequency Door Handle 
Antenna sends a signal to the Key Fob by using a resonant frequency of 
125 KHz. The Key fob will decrypt the data received along with its 
unique identifier and send an answer back to the Keyless Vehicle Module 
via the Remote Frequency Receiver. On pressing the ignition start 
button, a search is commenced in order to find and authenticate the 
Smart Key within the vehicle interior. If successful, this information 
is passed via a coded data transfer to the Body Control Module (BCM) 
via the Remote Function Actuator. The BCM in turn, will pass the valid 
key status to the instrument cluster, via a coded data transfer. The 
BCM sends the key valid message to the Power Train Control Module which 
initiates a coded data transfer, then the engine is authorized to 
crank, fuel and start. The second method is by using the Smart Key 
unlock button, upon pressing the button, the doors will unlock, once 
the driver presses the ignition start button, the operation is the same 
as method one. The third method is if the Smart Key has a discharged 
battery or is damaged, there is an emergency key blade that can be 
removed from the Smart Key and used to unlock the doors. On pressing 
the ignition start button, a search is commenced in order to find and 
authenticate the Smart Key within the vehicle interior, if successful, 
the Smart Key needs to be docked. Once the Smart Key is placed in the 
correct position, and the ignition start button is pressed again, the 
BCM and Smart key enter a coded data exchange via the Immobilizer 
Antenna Unit, the BCM in turn, passes the valid key status to the 
instrument cluster, via a coded data transfer. The BCM sends the key 
valid message to the Power Train Control Module which initiates a coded 
data transfer, if successful the engine is authorized to crank, fuel 
and start.
    In addressing the specific content requirements of 543.6, Jaguar 
provided information on the reliability and

[[Page 59028]]

durability of its proposed device. To ensure reliability and durability 
of the device, Jaguar conducted tests based on its own specified 
standards. Jaguar provided a detailed list of the tests conducted 
(i.e., temperature and humidity cycling, high and low temperature 
cycling, mechanical shock, random vibration, thermal stress/shock 
tests, material resistance tests, dry heat, dust and fluid ingress 
tests). Jaguar stated that it believes that its device is reliable and 
durable because it complied with specified requirements for each test. 
Additionally, Jaguar stated that the key recognition sequence includes 
in excess of a billion code combinations. The code combinations include 
encrypted data that are secure against copying, also the coded data 
transfer between modules use a unique secure identifier, random number 
and secure public algorithm which includes an excess of a billion code 
combinations.
    Jaguar stated that the current generation Jaguar XJ line produced 
since 2004 MY has an engine immobilizer system as standard equipment, 
but since the current generation of Jaguar XJ has only been available 
with an engine immobilizer, there is no comparative Jaguar data 
available for the XJ without an immobilizer. Also, Jaguar stated that 
based on MY 2006 theft information published by NHTSA, the Jaguar XJ 
line has had theft rates well below the median of 2.08 thefts per 
thousands, specifically, for the XJ8/XJ8L vehicle line,0.8711, the 
Vanden Plas/Super V8, 0.000, and the XJR, 0.0000. Jaguar believes this 
low theft rate demonstrates the effectiveness of the immobilizer 
system.
    Based on the evidence submitted by Jaguar, the agency believes that 
the anti-theft device for the XJ 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).
    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 anti-theft 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 Jaguar has provided adequate reasons for its belief 
that the anti-theft device for the Jaguar XJ 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 
Jaguar 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; 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 
Jaguar's petition for exemption for the Jaguar XJ 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 
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 anti-theft 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 Jaguar 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 541.5 and 
541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if Jaguar 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 anti-theft 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 anti-theft 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 anti-theft 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: November 6, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9-27361 Filed 11-13-09; 8:45 am]
BILLING CODE 4910-59-P