Petition for Exemption From the Federal Motor Vehicle Motor Theft Prevention Standard; Jaguar Land Rover, 29752-29753 [2012-12050]
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Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Notices
reports being received from 22
manufacturers with an estimated total
annual burden of 2,339 hours. Including
8 additional manufacturers, results in an
additional reporting burden of 850
hours. Adding that burden to the
existing burden of 2,339 hours, results
in a total of 3,189 hours.
Estimated Frequency: A pre-model
report and a mid-model report are
required to be submitted by
manufacturers once per model year for
each applicable fleet (domestic
passenger car, imported passenger car
and light trucks).
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
whether the proposed collection of
information is necessary for the
Department’s performance, (b) the
accuracy of the estimated burden, (c)
ways for the Department to enhance the
quality, utility and clarity of the
information collection and (d) ways that
the burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
and/or include your comments in the
request for OMB’s clearance of this
information collection.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended;
and 49 CFR 1:48.
Dated: Issued on: May 11, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012–12049 Filed 5–17–12; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Federal Motor Vehicle Motor Theft
Prevention Standard; Jaguar Land
Rover
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
AGENCY:
This document grants in full
the petition of Jaguar Land Rover North
America LLC’s, (Land Rover) for an
exemption of the Land Rover LR2
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-
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:21 May 17, 2012
Jkt 226001
marking requirements of the Federal
Motor Vehicle Theft Prevention
Standard, 49 CFR part 541.
DATES: The exemption granted by this
notice is effective beginning with the
2013 model year.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah Mazyck, Office of International
Policy, Fuel Economy and Consumer
Programs, NHTSA, W43–443, 1200 New
Jersey Avenue SE., Washington, DC
20590. Ms. Mazyck’s phone number is
(202) 366–4139. Her fax number is (202)
493–2990.
SUPPLEMENTARY INFORMATION: In a
petition dated April 13, 2012, Land
Rover requested an exemption from the
parts-marking requirements of the theft
prevention standard (49 CFR part 541)
for the Land Rover LR2 vehicle line,
beginning with Model Year (MY) 2013.
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, Land Rover provided a
detailed description and diagram of the
identity, design and location of the
components of the antitheft device for
the Land Rover LR2 vehicle line. Land
Rover will install a passive,
transponder-based, electronic engine
immobilizer antitheft device as standard
equipment on its LR2 vehicle line
beginning with MY 2013. Key
components of its antitheft device will
include a power train control module
(PCM), instrument cluster, body control
module (BCM), remote frequency
receiver, immobilizer antenna unit
(IAU), smart key, door control units and
a perimeter alarm system. The
immobilizer device is automatically
armed when the Smart Key is removed
from the vehicle. Land Rover stated that
the Smart Key is programmed and
synchronized to the vehicle through the
means of an identification key code and
a randomly generated secret code that
are unique to each vehicle.
Additionally, Land Rover states that the
audible and visual perimeter alarm
system that will be installed as standard
equipment can be armed manually or
programmed to arm automatically with
the Smart Key. If the hood, luggage
compartment or doors are opened
during an unauthorized entry attempt,
the vehicle siren alarm will sound and
the exterior lights will flash. Land
Rover’s submission is a complete
petition as required by 49 CFR part
PO 00000
Frm 00165
Fmt 4703
Sfmt 4703
543.7, 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.
Land Rover stated that there are two
methods of vehicle operation and
engine start: (1) Unlocking the vehicle
with the Smart Key unlock button and
pressing the Start button, and (2) using
the emergency key blade. Land Rover
further stated that, when the Start
button is pressed, a search begins in
order to find and authenticate the Smart
Key within the vehicle interior. A coded
exchange between the BCM and Smart
Key is entered through the IAU. If the
exchange is successful, the BCM will
pass the valid key status to the
Instrument Cluster. With the ignition
on, the BCM is forced to communicate
with the instrument Cluster. The BCM
sends the ‘‘key valid’’ message to the
PCM which initiates a coded data
transfer. If successful, the engine is
authorized to start. If the Smart Key has
a discharged battery or is damaged, the
emergency key blade can be used to
unlock the door. Pressing the ignition
start button initiates a search to find and
authenticate the Smart Key within the
vehicle interior. If authentication is
unsuccessful, the Smart Key must be
docked in the lower steering column
cowl. Once the correct key is placed in
the correct position, and the ignition
start button is pressed again, a coded
exchange is entered via the IAU. If the
exchange is successful, the BCM will
pass the valid key status to the
instrument cluster. The BCM then sends
a message to the PCM initiating a coded
data transfer and successful engine start.
In addressing the specific content
requirements of 543.6, Land Rover
provided information on the reliability
and durability of its proposed device.
To ensure reliability and durability of
the device, Land Rover conducted tests
based on its own specified standards.
Land Rover 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). Land Rover
stated that it believes that its device is
reliable and durable because it complied
with specified requirements for each
test. Additionally, Land Rover stated
that the vehicle’s key recognition
sequence includes in excess of a billion
code combinations with encrypted data
that is secure against duplication. The
coded data transfer between modules
also uses a unique, secure identifier,
random number and a secure public
algorithm. Furthermore, Land Rover
stated that there is no means to bypass
E:\FR\FM\18MYN1.SGM
18MYN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Notices
the key locking system of the vehicle
with force because the vehicle does not
have a conventional mechanical key
barrel since the LR2 is equipped with a
push button vehicle ignition.
Land Rover informed the agency that
its LR2 vehicle line was first equipped
with an engine immobilizer device
beginning with its MY 2008 vehicles
and, as a result, there are no data
available to compare the LR2 with an
immobilizer device to an LR2 without
an immobilizer device. Land Rover
stated that based on MY 2008 and 2009
theft data information published by
NHTSA, Land Rover LR2 vehicles
equipped with immobilizers had a theft
rate that was below the median. The
average theft rates using 2 MYs’ data are
0.7504 and 0.2904 respectively.
Therefore, Land Rover 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. Land Rover also stated
that the immobilizer in the Land Rover
LR2 line is no less effective than similar
devices NHTSA has already granted full
exemptions (i.e., Range Rover Evoque
and Jaguar XK and XJ). Additionally,
Land Rover notes a Highway Loss Data
Institute news release (July 19, 2000)
showing approximately a 50%
reduction in theft for vehicles installed
with an immobilizer device.
Based on the supporting evidence
submitted by Land Rover on the device,
the agency believes that the antitheft
device for the LR2 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). The agency
concludes that the device will provide
the five types of performance listed in
§ 543.6(a)(3): promoting activation,
attracting 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.
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 Land Rover has provided
VerDate Mar<15>2010
18:21 May 17, 2012
Jkt 226001
adequate reasons for its belief that the
antitheft device for the Land Rover LR2
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 part 541).
This conclusion is based on the
information Land Rover provided about
its device.
For the foregoing reasons, the agency
hereby grants in full Land Rover’s
petition for exemption for the Land
Rover LR2 vehicle line from the partsmarking requirements of 49 CFR part
541, beginning with its 2013 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
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 partsmarking requirements of the Theft
Prevention Standard.
If Land Rover 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 as
required by 49 CFR parts 541.5 and
541.6 (marking of major component
parts and replacement parts).
NHTSA notes that if Land Rover
wishes in the future to modify the
device on which this exemption is
based, the company may have to submit
a petition to modify the exemption. Part
543.7(d) states that a Part 543 exemption
applies only to vehicles that belong to
a line exempted under this part and
equipped with the antitheft device on
which the line’s exemption is based.
Further, Part 543.9(c)(2) provides for the
submission of petitions ‘‘to modify an
exemption to permit the use of an
antitheft device similar to but differing
from the one specified in that
exemption.’’
The agency wishes to minimize the
administrative burden that Part
543.9(c)(2) could place on exempted
vehicle manufacturers and itself. The
agency did not intend in drafting Part
543 to require the submission of a
modification petition for every change
to the components or design of an
antitheft device. The significance of
many such changes could be de
minimis. Therefore, NHTSA suggests
that if the manufacturer contemplates
making any changes, the effects of
PO 00000
Frm 00166
Fmt 4703
Sfmt 4703
29753
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: May 11, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012–12050 Filed 5–17–12; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35435]
CaterParrott Railnet, L.L.C.—Sublease
and Operation Exemption—Georgia &
Florida Railway, L.L.C.
CaterParrott Railnet, L.L.C. (CPR), a
noncarrier, has filed a verified notice of
exemption under 49 CFR 1150.31 to
sublease from Georgia & Florida
Railway, L.L.C. (GRF) and operate
approximately 43.2 miles of rail line
between milepost 30.6, near Valdosta,
and milepost 73.8, at Willacoochee, in
Lowndes, Berrien, and Atkinson
Counties, GA. (the Line). GRF currently
leases the Line from the Georgia
Department of Transportation, which
owns the physical assets of the Line.
CPR certifies that its projected annual
revenues as a result of this transaction
will not result in CPR’s becoming a
Class II or Class I rail carrier and will
not exceed $5 million.
According to CPR, the transaction is
expected to be consummated on or after
June 3, 2012, the effective date of the
exemption (30 days after the verified
notice was filed).
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions to stay must be
filed no later than May 25, 2012 (at least
7 days before the exemption becomes
effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35435, must be filed with the Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on Karl Morell, Of Counsel,
Ball Janik LLP, Suite 225, 655 Fifteenth
Street NW., Washington, DC 20005.
Board decisions and notices are
available on our Web site at
www.stb.dot.gov.
E:\FR\FM\18MYN1.SGM
18MYN1
]]>Agencies
[Federal Register Volume 77, Number 97 (Friday, May 18, 2012)]
[Notices]
[Pages 29752-29753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12050]
-----------------------------------------------------------------------
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 (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
-----------------------------------------------------------------------
SUMMARY: This document grants in full the petition of Jaguar Land Rover
North America LLC's, (Land Rover) for an exemption of the Land Rover
LR2 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 Federal Motor Vehicle Theft Prevention Standard, 49
CFR part 541.
DATES: The exemption granted by this notice is effective beginning with
the 2013 model year.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, W43-
443, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's
phone number is (202) 366-4139. Her fax number is (202) 493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated April 13, 2012, Land
Rover requested an exemption from the parts-marking requirements of the
theft prevention standard (49 CFR part 541) for the Land Rover LR2
vehicle line, beginning with Model Year (MY) 2013. The petition
requested an exemption from parts-marking pursuant to 49 CFR 543,
Exemption from Vehicle Theft Prevention Standard, based on the
installation of an antitheft device as standard equipment for the
entire vehicle line.
Under Sec. 543.5(a), a manufacturer may petition NHTSA to grant an
exemption for one vehicle line per model year. In its petition, Land
Rover provided a detailed description and diagram of the identity,
design and location of the components of the antitheft device for the
Land Rover LR2 vehicle line. Land Rover will install a passive,
transponder-based, electronic engine immobilizer antitheft device as
standard equipment on its LR2 vehicle line beginning with MY 2013. Key
components of its antitheft device will include a power train control
module (PCM), instrument cluster, body control module (BCM), remote
frequency receiver, immobilizer antenna unit (IAU), smart key, door
control units and a perimeter alarm system. The immobilizer device is
automatically armed when the Smart Key is removed from the vehicle.
Land Rover stated that the Smart Key is programmed and synchronized to
the vehicle through the means of an identification key code and a
randomly generated secret code that are unique to each vehicle.
Additionally, Land Rover states that the audible and visual perimeter
alarm system that will be installed as standard equipment can be armed
manually or programmed to arm automatically with the Smart Key. If the
hood, luggage compartment or doors are opened during an unauthorized
entry attempt, the vehicle siren alarm will sound and the exterior
lights will flash. Land Rover's submission is a complete petition as
required by 49 CFR part 543.7, 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.
Land Rover stated that there are two methods of vehicle operation
and engine start: (1) Unlocking the vehicle with the Smart Key unlock
button and pressing the Start button, and (2) using the emergency key
blade. Land Rover further stated that, when the Start button is
pressed, a search begins in order to find and authenticate the Smart
Key within the vehicle interior. A coded exchange between the BCM and
Smart Key is entered through the IAU. If the exchange is successful,
the BCM will pass the valid key status to the Instrument Cluster. With
the ignition on, the BCM is forced to communicate with the instrument
Cluster. The BCM sends the ``key valid'' message to the PCM which
initiates a coded data transfer. If successful, the engine is
authorized to start. If the Smart Key has a discharged battery or is
damaged, the emergency key blade can be used to unlock the door.
Pressing the ignition start button initiates a search to find and
authenticate the Smart Key within the vehicle interior. If
authentication is unsuccessful, the Smart Key must be docked in the
lower steering column cowl. Once the correct key is placed in the
correct position, and the ignition start button is pressed again, a
coded exchange is entered via the IAU. If the exchange is successful,
the BCM will pass the valid key status to the instrument cluster. The
BCM then sends a message to the PCM initiating a coded data transfer
and successful engine start.
In addressing the specific content requirements of 543.6, Land
Rover provided information on the reliability and durability of its
proposed device. To ensure reliability and durability of the device,
Land Rover conducted tests based on its own specified standards. Land
Rover 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).
Land Rover stated that it believes that its device is reliable and
durable because it complied with specified requirements for each test.
Additionally, Land Rover stated that the vehicle's key recognition
sequence includes in excess of a billion code combinations with
encrypted data that is secure against duplication. The coded data
transfer between modules also uses a unique, secure identifier, random
number and a secure public algorithm. Furthermore, Land Rover stated
that there is no means to bypass
[[Page 29753]]
the key locking system of the vehicle with force because the vehicle
does not have a conventional mechanical key barrel since the LR2 is
equipped with a push button vehicle ignition.
Land Rover informed the agency that its LR2 vehicle line was first
equipped with an engine immobilizer device beginning with its MY 2008
vehicles and, as a result, there are no data available to compare the
LR2 with an immobilizer device to an LR2 without an immobilizer device.
Land Rover stated that based on MY 2008 and 2009 theft data information
published by NHTSA, Land Rover LR2 vehicles equipped with immobilizers
had a theft rate that was below the median. The average theft rates
using 2 MYs' data are 0.7504 and 0.2904 respectively. Therefore, Land
Rover 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. Land Rover also stated that the immobilizer in the Land
Rover LR2 line is no less effective than similar devices NHTSA has
already granted full exemptions (i.e., Range Rover Evoque and Jaguar XK
and XJ). Additionally, Land Rover notes a Highway Loss Data Institute
news release (July 19, 2000) showing approximately a 50% reduction in
theft for vehicles installed with an immobilizer device.
Based on the supporting evidence submitted by Land Rover on the
device, the agency believes that the antitheft device for the LR2
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). The agency
concludes that the device will provide the five types of performance
listed in Sec. 543.6(a)(3): promoting activation, attracting attention
to the efforts of 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.
Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7(b), the agency grants
a petition for exemption from the parts-marking requirements of Part
541 either in whole or in part, if it determines that, based upon
substantial evidence, the standard equipment antitheft device is likely
to be as effective in reducing and deterring motor vehicle theft as
compliance with the parts-marking requirements of Part 541. The agency
finds that Land Rover has provided adequate reasons for its belief that
the antitheft device for the Land Rover LR2 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
Land Rover provided about its device.
For the foregoing reasons, the agency hereby grants in full Land
Rover's petition for exemption for the Land Rover LR2 vehicle line from
the parts-marking requirements of 49 CFR part 541, beginning with its
2013 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 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 Land Rover 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 as required by 49 CFR parts 541.5 and 541.6
(marking of major component parts and replacement parts).
NHTSA notes that if Land Rover wishes in the future to modify the
device on which this exemption is based, the company may have to submit
a petition to modify the exemption. Part 543.7(d) states that a Part
543 exemption applies only to vehicles that belong to a line exempted
under this part and equipped with the antitheft device on which the
line's exemption is based. Further, Part 543.9(c)(2) provides for the
submission of petitions ``to modify an exemption to permit the use of
an antitheft device similar to but differing from the one specified in
that exemption.''
The agency wishes to minimize the administrative burden that Part
543.9(c)(2) could place on exempted vehicle manufacturers and itself.
The agency did not intend in drafting Part 543 to require the
submission of a modification petition for every change to the
components or design of an antitheft device. The significance of many
such changes could be de minimis. Therefore, NHTSA suggests that if the
manufacturer contemplates making any changes, the effects of which
might be characterized as de minimis, it should consult the agency
before preparing and submitting a petition to modify.
Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR
1.50.
Issued on: May 11, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-12050 Filed 5-17-12; 8:45 am]
BILLING CODE 4910-59-P
