Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Chrysler, 2589-2591 [2010-732]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 10 (Friday, January 15, 2010)]
[Notices]
[Pages 2589-2591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-732]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


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

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

ACTION: Grant of petition for exemption.

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SUMMARY: This document grants in full the Chrysler LLC, (Chrysler) 
petition for exemption of the Jeep Patriot vehicle line in accordance 
with 49 CFR Part 543, Exemption from Vehicle 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 49 CFR Part 541, 
Federal Motor Vehicle Theft Prevention Standard.

DATES: The exemption granted by this notice is effective beginning with 
the 2011 Model Year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, 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 September 30, 2009, 
Chrysler requested an exemption from the parts-marking requirements of 
the Theft Prevention Standard (49 CFR Part 541) for the Jeep Patriot 
vehicle line, beginning with MY 2011. The petition requested an 
exemption from parts-marking requirements 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 Section Sec.  543.5(a), a manufacturer may petition NHTSA to 
grant exemptions for one of its vehicle lines per year. Chrysler 
petitioned the agency to grant an exemption for its Jeep Patriot 
vehicle line beginning with MY 2011. In its petition, Chrysler provided 
a detailed description and diagram of the identity, design, and 
location of the components of the antitheft device for the new vehicle 
line. Chrysler will install the Sentry Key Immobilizer System (SKIS) 
antitheft device as standard equipment on the vehicle line. The major 
components of the SKIS device consist of: a Powertrain Control Module, 
an Integrated Power Module, a Sentry Key REmote Entry Module (SKREEM), 
a fob with integrated key (FOBIK) and an Electromechanical Instrument 
Cluster which controls the telltale function only. According to 
Chrysler, all of these components work collectively to perform the 
immobilizer function, and the SKIS device does not provide a visible or 
audible indication of unauthorized vehicle entry (i.e., flashing lights 
or horn alarm).
    Chrysler stated that the SKIS provides passive vehicle protection 
by preventing the engine from operating unless a valid electronically 
encoded key is detected in the ignition lock cylinder. According to 
Chrysler, the immobilizer feature is activated when the key is removed 
from the ignition lock cylinder. Only a valid key inserted into the 
ignition lock cylinder will allow the vehicle to start and continue to 
run.
    Chrysler stated that the SKREEM/Wireless Ignition Node (WIN), an 
integral component of the SKIS antitheft device, contains a radio 
frequency

[[Page 2590]]

transceiver and microprocessor that receives signals from the Sentry 
key transponder and communicates to the FOBIK. According to Chrysler, 
the SKREEM/WIN determines whether a valid key is present in the 
ignition switch based on the signal received from the transponder, and 
also serves as the receiver for the Tire Pressure Monitoring System if 
the vehicle is equipped with one. To avoid any perceived delay when 
starting the vehicle with a valid key and to prevent unburned fuel from 
entering the exhaust, Chrysler stated that the engine is permitted to 
run for no more than 2 seconds if an invalid key is used. If the 
response identifies the key as invalid, or if no response is received 
from the key transponder, Chrysler stated that the SKREEM sends an 
invalid key message to the Powertrain Control Module (PCM), and the PCM 
will disable engine operation (after the initial 2-second run) based 
upon the status of the SKREEM messages. Chrysler stated that only six 
consecutive invalid vehicle start attempts would be permitted and all 
other attempts would be locked out by preventing the fuel injectors 
from firing and disabling the starter.
    Chrysler stated that it has incorporated an unauthorized vehicle 
start telltale light into the device. Chrysler stated that the telltale 
feature operates as a security indicator in the Electro Mechanical 
Instrument Cluster (EMIC). According to Chrysler, the telltale alerts 
the owner that an unauthorized vehicle start attempt has been made. 
Chrysler stated that upon an unauthorized start attempt, the telltale 
will flash on and off when the ignition switch is turned to the ``ON'' 
position. Chrysler stated that besides acting as a security indicator, 
the telltale acts as a diagnostic indicator. Chrysler stated that if 
the SKREEM detects a system malfunction and/or the SKIS has become 
inoperative, the security indicator will stay on. If the SKREEM detects 
an invalid key or if a key transponder-related fault exists, the 
security indicator will flash.
    Chrysler stated that each ignition key used in the SKIS has an 
integral transponder chip included on the circuit board beneath the 
cover of the integral Remote Keyless Entry (RKE) transmitter. Chrysler 
stated that in addition to having to be cut to match the mechanical 
coding of the ignition lock cylinder and programmed for operation of 
the RKE system, each new Sentry Key has a unique transponder 
identification code that is permanently programmed into it by the 
manufacturer, and which must be programmed into the SKREEM to be 
recognized by the SKIS as a valid key. Chrysler stated that once a 
Sentry Key has been programmed to a particular vehicle, it cannot be 
used on any other vehicle.
    In addressing the specific content requirements of 543.6, Chrysler 
provided information on the reliability and durability of the device. 
Chrysler conducted tests based on its own specified standards and 
stated its belief that the device meets the stringent performance 
standards prescribed. Specifically, Chrysler stated that its device 
must demonstrate a minimum of 95 percent reliability with 90 percent 
confidence. In addition to the design and production validation test 
criteria, Chrysler stated that the SKIS also undergoes a daily short 
term durability test. Chrysler also stated that 100 percent of its 
systems undergo a series of three functional tests for durability prior 
to being shipped from the supplier to the vehicle assembly plant for 
installation in its vehicles.
    Chrysler stated that while there is no theft data available for the 
Jeep Patriot because it's a new vehicle line introduction, experience 
with the Jeep Liberty, a similar 5-door, All Wheel Drive, crossover/
Sport Utility Vehicle as the Jeep Patriot indicates that this vehicle 
is projected to have a theft rate lower than the median theft rate. 
Chrysler offered the Jeep Grand Cherokee as an example vehicle with a 
SKIS immobilizer system as standard equipment since the 1999 model 
year. The average theft rate for the Jeep Grand Cherokee vehicles for 
the four model years prior to 1999 (1995-1998), when a vehicle 
immobilizer system was not offered as standard equipment, was 5.3574 
per one thousand vehicles produced, which is significantly higher than 
the 1990/1991 median theft rate of 3.5826. However, the average theft 
rate for the six model years (1999-2005) after installation of the 
standard immobilizer device was 2.5492, which is significantly lower 
than the median. The Jeep Grand Cherokee vehicle line was granted an 
exemption from the parts-marking requirements beginning with MY 2004. 
Chrysler further stated that NHTSA's theft data for the Jeep Grand 
Cherokee indicates that the inclusion of a standard immobilizer system 
has resulted in a 52.3 percent net average reduction in vehicle thefts.
    Based on the supporting evidence submitted by Chrysler on the Jeep 
Grand Cherokee, the agency believes that the antitheft device for the 
Jeep Patriot 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). The agency 
concludes that the device will 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.
    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 
supporting 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 Chrysler has provided adequate reasons for its belief that 
the antitheft device for the Chrysler Jeep Patriot 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 Chrysler provided about its device.
    For the foregoing reasons, the agency hereby grants in full 
Chrysler's petition for an exemption for the MY 2011 Jeep Patriot 
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 with 
respect 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 Chrysler decides not to use the exemption for this vehicle line, 
it must formally notify the agency. If such a decision is made, the 
vehicle 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 Chrysler 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

[[Page 2591]]

with the anti-theft device on which the line's exemption is based. 
Further, Sec.  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 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 11, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-732 Filed 1-14-10; 8:45 am]
BILLING CODE 4910-59-P