Petition To Modify an Exemption of a Previously Approved Antitheft Device; Porsche, 22384-22386 [2012-8892]
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components. Tesla stated that these
measures protect the immobilizer device
from exposure to the elements and limit
its access by unauthorized persons.
Additionally, Tesla stated that the
immobilizer relies on electronic
functions versus mechanical functions
and therefore expects the components to
last at least the life of the vehicle.
Tesla also compared the device
proposed for its vehicle line with other
devices which NHTSA has already
determined to be as effective in
reducing and deterring motor vehicle
theft as would compliance with the
parts-marking requirements of the Theft
Prevention Standard. Tesla compared
the BMW 5 series and the MercedesBenz E-Class to its Model S vehicle line.
Specifically, the agency’s data show that
theft rates for the BMW 5 series are
0.9044, 0.6550 and 0.4098 and for the
Mercedes-Benz E-Class, 0.5898, 0.6286
and 0.9041 respectively. Using an
average of 3 MYs data (2007–2009), the
agency theft rate data show that the
average theft rate for the BMW 5 series
is 0.6564 and 0.7075 for the MercedesBenz E-Class, well below the median
theft rate of 3.5826. Tesla also stated
that its 2008–2011 roadsters are already
equipped with an antitheft device as
standard equipment. Agency theft rate
data for the roadster vehicles using an
average of the most current theft rate
data available is 0.0000.
Based on the evidence submitted by
Tesla, the agency believes that the
antitheft device for the Model S 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 (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 partsmarking 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 Tesla has provided adequate
reasons for its belief that the antitheft
device for the Model S 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
Tesla 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, attracting
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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 Tesla’s petition for
exemption for the Model S vehicle line
from the parts-marking requirements of
49 CFR Part 541, beginning with the
2012 model year vehicles. 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 MY. 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
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 Tesla decides not to use the
exemption for this line, it shall 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 Tesla 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. Section
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
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 § 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
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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 10, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012–8893 Filed 4–12–12; 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;
Porsche
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of a petition to modify an
exemption of a previously approved
antitheft device.
AGENCY:
On December 22, 1995, the
National Highway Traffic Safety
Administration (NHTSA) granted in
full, Porsche Cars North America, Inc.’s
(Porsche) petition for an exemption in
accordance with § 543.9(c)(2) of 49 CFR
part 543, Exemption from the Theft
Prevention Standard for the Porsche
Boxster vehicle line, beginning with
model year (MY) 1997. On February 1,
2012, Porsche submitted a petition to
modify its previously approved
exemption for the Porsche Boxster
vehicle line and notified the agency that
all new successor models within the
Boxster line will be installed with the
proposed antitheft device beginning
with MY 2013. NHTSA is granting
Porsche’s 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.
DATES: The exemption granted by this
notice is effective beginning with the
2013 MY.
FOR FURTHER INFORMATION CONTACT:
Deborah Mazyck, Office of International
Policy, Fuel Economy and Consumer
Standards, NHTSA, 1200 New Jersey
Avenue SE., West Building, W43–443,
Washington, DC 20590. Ms. Mazyck’s
telephone number is (202) 366–4139.
Her fax number is (202) 493–2990.
SUPPLEMENTARY INFORMATION: On
December 22, 1995, NHTSA published
in the Federal Register a notice granting
in full, a petition from Porsche for an
SUMMARY:
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exemption from the parts-marking
requirements of the Theft Prevention
Standard (49 CFR part 541) for a vehicle
line whose nameplate and model year
were confidential, but subsequently
provided as the Porsche Boxster vehicle
line. The Boxster vehicle line has been
exempted from the Theft Prevention
Standard beginning with its MY 1997
vehicles (See 60 FR 66575). On February
1, 2012, Porsche submitted a petition to
modify the previously approved
exemption for the Boxster vehicle line.
This notice grants in full Porsche’s
petition to modify the exemption for the
Boxster vehicle line. Porsche’s
submission is a complete petition, as
required by 49 CFR 543.9(d), in that it
meets the general requirements
contained in 49 CFR 543.5 and the
specific content requirements of 49 CFR
543.6. Porsche’s petition provided a
detailed description and diagram of the
identity, design and location of the
components of the antitheft device
proposed for installation beginning with
the 2013 model year.
The current antitheft device (MYs
1997–2012) installed on the Porsche
Boxster vehicle line is a passive,
microprocessor-based device which
includes a starter interrupt function,
transponder key and a central-locking
system. Porsche also offers a remotecontrolled audible and visible alarm
system as optional equipment to its
current device.
Porsche stated that its current
antitheft device is activated by removing
the key from the vehicle’s ignition
switch/steering lock. By removing the
key, the ignition switch returns the
system to its normal ‘‘OFF’’ state where
starting the engine and operation of the
vehicle is prohibited. Porsche stated
that the key contains a radio signal
transponder which signals the control
unit to allow the engine to start when
the correct key is inserted into the
ignition switch.
Porsche further stated that the
optional alarm system on the vehicle
line monitors the doors, hood, rear
decklid, glove compartment or radio
contact switch and if any of the areas
are breached, the horn will sound and
the lights will flash.
In Porsche’s petition to modify its
exemption for MY 2013, it stated that
the Boxster vehicle line will be
modified to include the antitheft device
and strategies used for the Panamera
vehicle line. The Panamera vehicle line
has been granted a parts-marking
exemption since MY 2010 (See 74 FR
18037, April 20, 2009). However,
Porsche was granted a modification to
its previously approved exemption for
the Panamera vehicle line beginning
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with its MY 2012 vehicles (See 75 FR
22174, April 27, 2010). Specifically, in
its MY 2012 modification, Porsche
proposed to remove the steering column
lock on the Panamera line, because it
considered the feature to be a redundant
function that is also offered by the
electronic parking brake which is
installed as standard equipment on the
line. The electronically activated
parking brake will also be included as
standard equipment on the MY 2013
Boxster line. Porsche also made special
mention that the agency recently
granted its MY 2012 request to modify
the previously approved exemption for
the 911 vehicle line for also having
adopted the Panamera antitheft device
and strategies (See 76 FR 69321,
November 8, 2011).
For MY 2013, Porsche will install its
passive, transponder-based electronic,
engine-immobilizer antitheft device as
standard equipment on its Porsche
Boxster vehicle line. Porsche stated that
the antitheft system consists of two
major subsystems: a microprocessorbased immobilizer device that prevents
the engine management system from
functioning when the system is engaged,
and a central locking and alarm system.
Key components of the modified
antitheft device will include an
electronic ignition switch, transponder
key, remote control unit, transponder,
alarm/central locking control unit, key
or keyless entry system, an engine
control unit, electronic parking brake
and an off-board antitheft strategy.
Porsche stated that the immobilizer
device is automatically activated when
the driver removes the key from the
ignition switch assembly or the optional
special keyless entry keycard exits the
vehicle with the driver. The key
contains a radio signal transponder
which signals the control unit to allow
the engine to be started. Porsche stated
that as an option, a keyless entry device
can be provided for the Boxster vehicle
line. Porsche stated that the antitheft
device will remain the same, but the
ignition key is substituted with a special
key that contains a radio signal
transmitter similar to that in the
standard ignition key. The immobilizer
system is automatically activated after
the engine is turned off with the
optional keyless entry device. Porsche
stated that only by inserting the correct
key into the ignition switch or by having
the special keyless entry device within
the compartment of the car, will the
correct signal be sent to the control unit
allowing start and operation of the
engine. When the key is removed from
the ignition or the keyless entry key is
removed from the vehicle, the device
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will return to its normal ‘‘OFF’’ state
disallowing engine start and operation.
The central locking system works in
conjunction with the audible and visible
alarm system. Porsche will continue to
offer a central locking system as
standard equipment on the Boxster
vehicle line. The previously approved
device offered the alarm system as
optional equipment. Porsche stated that
the 2013 modification for the Boxster
vehicle line will include the audible
and visible alarm system as standard
equipment. Porsche stated that the
alarm system will continue to monitor
the opening of the doors, rear luggage
compartment and front deck lid.
Porsche stated that the proposed
central locking and alarm systems can
be armed by using the ignition key, the
remote control, or a door switch (with
the keyless entry option). Porsche stated
that when the key or remote control is
used to lock the doors, the alarm is
armed. With the keyless entry system,
either the door switch or the remote
control is used instead of a manual key.
The proposed alarm system will also
monitor interior movement within the
vehicle through an ultrasonic sensor. If
any violation of these areas is detected,
the horn will sound and the lights will
flash.
In Porsche’s petition to modify its
exemption, it stated that for 2013, the
Boxster will be modified to
accommodate the introduction of the
electronically activated parking brake.
Porsche stated that if the control unit
does not receive the correct signal from
the key or keyless entry system, the
parking brake will remain activated and
the vehicle cannot be towed away.
Porsche stated that another additional
theft prevention feature to the Boxster
vehicle line will be the implementation
of a new off-board antitheft strategy,
making it impossible to use stolen
electronic control units to repair other
Porsche vehicles. Porsche stated that the
goal of the off-board theft protection
strategy is to reduce the marketability of
stolen electronic components. Porsche
believes its off-board antitheft strategy is
similar in concept to parts marking, and
will further reduce the demand for
stolen Porsche vehicle components.
Specifically, Porsche explained that
during the production process of the
vehicle, initialization and registration of
various antitheft related electronic
components are recorded in a central
database. Changes to these components
are only possible with authorized online access to the central database.
Porsche stated that if the components
have to be repaired or replaced while
authorized access to the central database
is unavailable or the central database
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indicates the components are
unauthorized, further operation and use
of the vehicle is restricted or even
impossible.
In order to ensure the reliability and
durability of the device, Porsche
conducted tests based on its own
specified standards. Porsche provided a
detailed list of tests conducted and
believes that its device is reliable and
durable since the device complied with
its specified requirements for each test.
The test conducted included extreme
temperature tests, voltage spike tests,
reverse polarity tests, electromagnetic
interference tests, vibration tests and
endurance tests. Porsche stated that its
antitheft device also features a built-in
self-diagnostic that constantly checks
for system failures. If a failure is
detected, the operator receives a signal
via an alarm indicator.
In its MY 2013 modification, Porsche
stated that it believes its new Boxster
antitheft device will prove to be even
more effective in reducing and deterring
theft than its antitheft devices have
proven in the past. Porsche also
compared its device with other devices
without alarms that NHTSA has
determined to be as effective in
reducing and deterring motor vehicle
theft. Porsche stated that similar
systems without alarms, i.e., GM PASS–
Key, Mercedes Benz 202 vehicle line,
Porsche Boxster (Cayman) as well as
earlier 911 vehicle line devices, were
determined to be as effective as partsmarking. Porsche also referenced the
agency’s theft rate data for the Boxster
vehicle line which indicates that its
theft rates (MY/CY 2002–2009) are still
below the median theft rate of 3.5826.
The average theft rates for the Boxster
vehicle line (Boxster convertible and
Cayman coupe) using the most current
3 MY’s theft rate data are 0.3789 and
0.7217, respectively.
The agency has evaluated Porsche’s
MY 2013 petition to modify the
exemption for the Boxster vehicle line
from the parts-marking requirements of
49 CFR part 541, and has decided to
grant it. The agency believes that the
proposed device will continue to
provide the five types of performance
listed in § 543.6(a)(3): (1) Promoting
activation, (2) attracting attention to the
efforts of unauthorized persons to enter
or operate a vehicle by means other than
a key, (3) preventing defeat or
circumvention of the device by
unauthorized persons, (4) preventing
operation of the vehicle by
unauthorized entrants and (5) ensuring
the reliability and durability of the
device.
If Porsche decides not to use the
exemption for this line, it should
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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 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 10, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012–8892 Filed 4–12–12; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2012–0041; Notice 1]
Hyundai Motor Company, Receipt of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration, DOT.
ACTION: Receipt of petition.
AGENCY:
Hyundai America Technical
Center, Inc., on behalf of Hyundai Motor
Company (collectively referred to as
‘‘Hyundai’’) 1 has determined that
certain model year 2011 and 2012
Hyundai Sonata Hybrid passenger cars,
do not fully comply with paragraph
S4.1.5.5.2 of Federal Motor Vehicle
Safety Standard (FMVSS) No. 208,
Occupant Crash Protection. Hyundai
has filed an appropriate report dated
March 8, 2012, pursuant to 49 CFR part
573, Defect and Noncompliance
Responsibility and Reports.
Pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule at 49
CFR part 556), Hyundai submitted a
petition for an exemption from the
notification and remedy requirements of
49 U.S.C. Chapter 301 on the basis that
this noncompliance is inconsequential
to motor vehicle safety.
This notice of receipt of Hyundai’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any agency decision or other exercise of
judgment concerning the merits of the
petition.
Vehicles involved: Affected are
approximately 14,728 model year 2011
SUMMARY:
1 Hyundai America Technical Center, Inc., is a
corporation registered under the laws of the state
of Michigan.
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and 2012 Hyundai Sonata Hybrid
vehicles produced beginning on
December 2, 2010 and shipped to
dealers through March 7, 2012 that are
equipped with a center rear seat belt
incorporating a release mechanism that
detaches both the lap and shoulder
portion at the lower anchorage point.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore,
these provisions only apply to the
subject 14,728 2 vehicles that Hyundai
no longer controlled at the time it
determined that the noncompliance
existed.
Noncompliance: Hyundai explains
that the noncompliance is that the
affected vehicles do not comply with
Paragraph S4.1.5.5.2 because they are
equipped with a non-folding rear seat
back and a center rear seat belt
incorporating a release mechanism that
detaches both the lap and shoulder
portion at the lower anchorage point to
allow improved assembly line
procedures.
Rule text: Paragraph S4.1.5.5 of
FMVSS No. 208 requires in pertinent
part:
S4.1.5.5 Passenger cars manufactured on
or after September 1, 2007.
S4.1.5.5.1 Except as provided in
S4.1.5.5.2, each passenger car shall have a
Type 2 seat belt assembly that conforms to
Standard No. 209 and to S7.1 and S7.2 of this
standard at each rear designated seating
position, except that side-facing designated
seating positions shall have a Type 1 or Type
2 seat belt assembly that conforms to
Standard No. 209 and to S7.1 and S7.2 of this
standard.
S4.1.5.5.2 Any inboard designated seating
position on a seat for which the entire seat
back can be folded (including the head
restraints and any other part of the vehicle
attached to the seat back) such that no part
of the seat back extends above a horizontal
plane located 250 mm above the highest SRP
located on the seat may meet the
requirements of S4.1.5.5.1 by use of a belt
incorporating a release mechanism that
2 Hyundai’s petition, which was filed under 49
CFR part 556, requests an agency decision to
exempt Hyundai as a motor vehicles manufacturer
from the notification and recall responsibilities of
49 CFR part 573 for the 14,728 affected vehicles.
However, a decision on this petition will not relieve
vehicle distributors and dealers of the prohibitions
on the sale, offer for sale, introduction or delivery
for introduction into interstate commerce of the
noncompliant motor vehicles under their control
after Hyundai notified them that the subject
noncompliance existed.
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]]>Agencies
[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Notices]
[Pages 22384-22386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8892]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition To Modify an Exemption of a Previously Approved
Antitheft Device; Porsche
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of a petition to modify an exemption of a previously
approved antitheft device.
-----------------------------------------------------------------------
SUMMARY: On December 22, 1995, the National Highway Traffic Safety
Administration (NHTSA) granted in full, Porsche Cars North America,
Inc.'s (Porsche) 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 Porsche Boxster vehicle line, beginning with model
year (MY) 1997. On February 1, 2012, Porsche submitted a petition to
modify its previously approved exemption for the Porsche Boxster
vehicle line and notified the agency that all new successor models
within the Boxster line will be installed with the proposed antitheft
device beginning with MY 2013. NHTSA is granting Porsche's 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.
DATES: The exemption granted by this notice is effective beginning with
the 2013 MY.
FOR FURTHER INFORMATION CONTACT: Deborah Mazyck, Office of
International Policy, Fuel Economy and Consumer Standards, NHTSA, 1200
New Jersey Avenue SE., West Building, W43-443, Washington, DC 20590.
Ms. Mazyck's telephone number is (202) 366-4139. Her fax number is
(202) 493-2990.
SUPPLEMENTARY INFORMATION: On December 22, 1995, NHTSA published in the
Federal Register a notice granting in full, a petition from Porsche for
an
[[Page 22385]]
exemption from the parts-marking requirements of the Theft Prevention
Standard (49 CFR part 541) for a vehicle line whose nameplate and model
year were confidential, but subsequently provided as the Porsche
Boxster vehicle line. The Boxster vehicle line has been exempted from
the Theft Prevention Standard beginning with its MY 1997 vehicles (See
60 FR 66575). On February 1, 2012, Porsche submitted a petition to
modify the previously approved exemption for the Boxster vehicle line.
This notice grants in full Porsche's petition to modify the exemption
for the Boxster vehicle line. Porsche's submission is a complete
petition, as required by 49 CFR 543.9(d), in that it meets the general
requirements contained in 49 CFR 543.5 and the specific content
requirements of 49 CFR 543.6. Porsche's petition provided a detailed
description and diagram of the identity, design and location of the
components of the antitheft device proposed for installation beginning
with the 2013 model year.
The current antitheft device (MYs 1997-2012) installed on the
Porsche Boxster vehicle line is a passive, microprocessor-based device
which includes a starter interrupt function, transponder key and a
central-locking system. Porsche also offers a remote-controlled audible
and visible alarm system as optional equipment to its current device.
Porsche stated that its current antitheft device is activated by
removing the key from the vehicle's ignition switch/steering lock. By
removing the key, the ignition switch returns the system to its normal
``OFF'' state where starting the engine and operation of the vehicle is
prohibited. Porsche stated that the key contains a radio signal
transponder which signals the control unit to allow the engine to start
when the correct key is inserted into the ignition switch.
Porsche further stated that the optional alarm system on the
vehicle line monitors the doors, hood, rear decklid, glove compartment
or radio contact switch and if any of the areas are breached, the horn
will sound and the lights will flash.
In Porsche's petition to modify its exemption for MY 2013, it
stated that the Boxster vehicle line will be modified to include the
antitheft device and strategies used for the Panamera vehicle line. The
Panamera vehicle line has been granted a parts-marking exemption since
MY 2010 (See 74 FR 18037, April 20, 2009). However, Porsche was granted
a modification to its previously approved exemption for the Panamera
vehicle line beginning with its MY 2012 vehicles (See 75 FR 22174,
April 27, 2010). Specifically, in its MY 2012 modification, Porsche
proposed to remove the steering column lock on the Panamera line,
because it considered the feature to be a redundant function that is
also offered by the electronic parking brake which is installed as
standard equipment on the line. The electronically activated parking
brake will also be included as standard equipment on the MY 2013
Boxster line. Porsche also made special mention that the agency
recently granted its MY 2012 request to modify the previously approved
exemption for the 911 vehicle line for also having adopted the Panamera
antitheft device and strategies (See 76 FR 69321, November 8, 2011).
For MY 2013, Porsche will install its passive, transponder-based
electronic, engine-immobilizer antitheft device as standard equipment
on its Porsche Boxster vehicle line. Porsche stated that the antitheft
system consists of two major subsystems: a microprocessor-based
immobilizer device that prevents the engine management system from
functioning when the system is engaged, and a central locking and alarm
system. Key components of the modified antitheft device will include an
electronic ignition switch, transponder key, remote control unit,
transponder, alarm/central locking control unit, key or keyless entry
system, an engine control unit, electronic parking brake and an off-
board antitheft strategy.
Porsche stated that the immobilizer device is automatically
activated when the driver removes the key from the ignition switch
assembly or the optional special keyless entry keycard exits the
vehicle with the driver. The key contains a radio signal transponder
which signals the control unit to allow the engine to be started.
Porsche stated that as an option, a keyless entry device can be
provided for the Boxster vehicle line. Porsche stated that the
antitheft device will remain the same, but the ignition key is
substituted with a special key that contains a radio signal transmitter
similar to that in the standard ignition key. The immobilizer system is
automatically activated after the engine is turned off with the
optional keyless entry device. Porsche stated that only by inserting
the correct key into the ignition switch or by having the special
keyless entry device within the compartment of the car, will the
correct signal be sent to the control unit allowing start and operation
of the engine. When the key is removed from the ignition or the keyless
entry key is removed from the vehicle, the device will return to its
normal ``OFF'' state disallowing engine start and operation.
The central locking system works in conjunction with the audible
and visible alarm system. Porsche will continue to offer a central
locking system as standard equipment on the Boxster vehicle line. The
previously approved device offered the alarm system as optional
equipment. Porsche stated that the 2013 modification for the Boxster
vehicle line will include the audible and visible alarm system as
standard equipment. Porsche stated that the alarm system will continue
to monitor the opening of the doors, rear luggage compartment and front
deck lid.
Porsche stated that the proposed central locking and alarm systems
can be armed by using the ignition key, the remote control, or a door
switch (with the keyless entry option). Porsche stated that when the
key or remote control is used to lock the doors, the alarm is armed.
With the keyless entry system, either the door switch or the remote
control is used instead of a manual key. The proposed alarm system will
also monitor interior movement within the vehicle through an ultrasonic
sensor. If any violation of these areas is detected, the horn will
sound and the lights will flash.
In Porsche's petition to modify its exemption, it stated that for
2013, the Boxster will be modified to accommodate the introduction of
the electronically activated parking brake. Porsche stated that if the
control unit does not receive the correct signal from the key or
keyless entry system, the parking brake will remain activated and the
vehicle cannot be towed away.
Porsche stated that another additional theft prevention feature to
the Boxster vehicle line will be the implementation of a new off-board
antitheft strategy, making it impossible to use stolen electronic
control units to repair other Porsche vehicles. Porsche stated that the
goal of the off-board theft protection strategy is to reduce the
marketability of stolen electronic components. Porsche believes its
off-board antitheft strategy is similar in concept to parts marking,
and will further reduce the demand for stolen Porsche vehicle
components. Specifically, Porsche explained that during the production
process of the vehicle, initialization and registration of various
antitheft related electronic components are recorded in a central
database. Changes to these components are only possible with authorized
on-line access to the central database. Porsche stated that if the
components have to be repaired or replaced while authorized access to
the central database is unavailable or the central database
[[Page 22386]]
indicates the components are unauthorized, further operation and use of
the vehicle is restricted or even impossible.
In order to ensure the reliability and durability of the device,
Porsche conducted tests based on its own specified standards. Porsche
provided a detailed list of tests conducted and believes that its
device is reliable and durable since the device complied with its
specified requirements for each test. The test conducted included
extreme temperature tests, voltage spike tests, reverse polarity tests,
electromagnetic interference tests, vibration tests and endurance
tests. Porsche stated that its antitheft device also features a built-
in self-diagnostic that constantly checks for system failures. If a
failure is detected, the operator receives a signal via an alarm
indicator.
In its MY 2013 modification, Porsche stated that it believes its
new Boxster antitheft device will prove to be even more effective in
reducing and deterring theft than its antitheft devices have proven in
the past. Porsche also compared its device with other devices without
alarms that NHTSA has determined to be as effective in reducing and
deterring motor vehicle theft. Porsche stated that similar systems
without alarms, i.e., GM PASS-Key, Mercedes Benz 202 vehicle line,
Porsche Boxster (Cayman) as well as earlier 911 vehicle line devices,
were determined to be as effective as parts-marking. Porsche also
referenced the agency's theft rate data for the Boxster vehicle line
which indicates that its theft rates (MY/CY 2002-2009) are still below
the median theft rate of 3.5826. The average theft rates for the
Boxster vehicle line (Boxster convertible and Cayman coupe) using the
most current 3 MY's theft rate data are 0.3789 and 0.7217,
respectively.
The agency has evaluated Porsche's MY 2013 petition to modify the
exemption for the Boxster vehicle line from the parts-marking
requirements of 49 CFR part 541, and has decided to grant it. The
agency believes that the proposed device will continue to provide the
five types of performance listed in Sec. 543.6(a)(3): (1) Promoting
activation, (2) attracting attention to the efforts of unauthorized
persons to enter or operate a vehicle by means other than a key, (3)
preventing defeat or circumvention of the device by unauthorized
persons, (4) preventing operation of the vehicle by unauthorized
entrants and (5) ensuring the reliability and durability of the device.
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 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: April 10, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-8892 Filed 4-12-12; 8:45 am]
BILLING CODE 4910-59-P
