Petition for Exemption From the Vehicle Theft Prevention Standard; Jaguar Land Rover North America Llc, 16040-16042 [2013-05760]
Download as PDF
<![CDATA[
16040
Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
National Highway Traffic Safety
Administration
Title: Obtaining Vehicle Information
for the General Public.
OMB Control Number: 2127–0629.
Type of Request: Information
Collection Renewal.
Affected Public: Manufacturers that
sell motor vehicles in the United States
that have a Gross Vehicle Weight Rating
(GVWR) of 10,000 pounds or less.
Abstract: NHTSA’s mission is to save
lives, prevent injury, and reduce motor
vehicle crashes. Consumer information
programs are an important tool for
improving vehicle safety through market
forces. For over 30 years, under its New
Car Assessment Program, NHTSA has
been providing consumers with vehicle
safety information such as frontal and
side crash results, rollover propensity,
and the availability of a wide array of
safety features provided on each vehicle
model. In addition, the agency has been
using this safety feature information
when responding to consumer inquiries
and analyzing rulemaking petitions that
requested the agency to mandate certain
safety features.
NHTSA has another information
collection to obtain data related to
motor vehicle compliance with the
agency’s Federal motor vehicle safety
standards. Although the consumer
information collection data is distinct
and unique from the compliance data,
respondents to both collections are the
same. Thus, the consumer information
collection is closely coordinated with
the compliance collection to enable
responders to assemble the data more
efficiently. The burden is further made
easier by sending out electronic files to
the respondents in which the data is
entered and electronically returned to
the agency.
The consumer information collected
will be used on the agency’s
www.safercar.gov Web site, in the
‘‘Purchasing with Safety in Mind: What
to look for when buying a new vehicle’’
and ‘‘Buying a Safer Car for Child
Passengers’’ brochures, in other
consumer publications, as well as for
internal agency analyses and response
to consumer inquiries.
Estimated Total Annual Burden: 800
hours.
ADDRESSES: Respondents may send
comments, within 30 days, regarding
the burden estimate, including
suggestions for reducing the burden, to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street NW.,
Washington, DC 20503. Attention
NHTSA Desk Officer.
VerDate Mar<15>2010
17:11 Mar 12, 2013
Jkt 229001
Comments are invited on whether the
existing collection of information is still
necessary for the proper performance of
the functions of the agency, including
whether the information will have
practical utility; the accuracy of the
agency’s estimate of the burden of the
existing information collection; ways to
enhance the quality, utility and clarity
of the information to be collected; and
ways to minimize the burden of the
collection of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Comments to OMB are most effective
if OMB receives them within 30 days of
publication.
Authority: 44 U.S.C. 3506(c); delegation of
authority at 49 CFR 1.50
Issued on: March 7, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2013–05750 Filed 3–12–13; 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;
Jaguar Land Rover North America Llc
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
AGENCY:
This document grants in full
the Jaguar Land Rover North America
LLC’s, (Jaguar) petition for an exemption
of the F-Type 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 partsmarking requirements of the Theft
Prevention Standard (49 CFR Part 541).
DATES: The exemption granted by this
notice is effective beginning with model
year (MY) 2014.
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 November 16, 2012,
SUMMARY:
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
Jaguar requested an exemption from the
parts-marking requirements of the Theft
Prevention Standard (49 CFR Part 541)
for the MY 2014 Jaguar F-Type vehicle
line. The petition requested an
exemption from parts-marking 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.
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 antitheft device for the F-Type
vehicle line. Jaguar stated that the FType vehicles will be equipped with a
passive, transponder based, electronic
engine immobilizer device as standard
equipment beginning with the 2014
model year. 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, Smart Key and door
control units. Jaguar stated that its
antitheft device will also include an
audible and visual perimeter alarm
system as standard equipment. Jaguar
stated that the perimeter alarm can be
armed with the Smart Key or
programmed to be passively armed. The
siren will sound and the vehicle’s
exterior lights will flash if unauthorized
entry is attempted by opening the hood,
doors or luggage compartment. Jaguar’s
submission is considered a complete
petition as required by 49 CFR 543.7, in
that it meets the general requirements
contained in § 543.5 and the specific
content requirements of § 543.6.
The immobilizer device is
automatically armed when the Smart
Key is removed from the vehicle. Jaguar
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.
Jaguar stated that there are three
methods to its antitheft device
operation. Method one consists of
automatic detection of the Smart Key
via a remote frequency challenge
response sequence. Specifically, when
the driver approaches the vehicle and
pulls the driver’s door handle following
authentication of the correct Smart Key,
the doors will unlock. When the
ignition start button is pressed, a search
to find and authenticate the Smart Key
commences within the vehicle interior.
If successful, this information is passed
by a coded data transfer to the BCM via
the Remote Function Actuator. The
E:\FR\FM\13MRN1.SGM
13MRN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Notices
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 PCM which
initiates a coded data transfer
authorizing the engine to start. Method
two consists of unlocking the vehicle
with the Smart Key unlock button. As
the driver approaches the vehicle, the
Smart Key unlock button is pressed and
the doors will unlock. Once the driver
presses the ignition start button, the
operation process is the same as method
one. Method three involves using the
emergency key blade. 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 the Immobilizer
Antenna Unit. The BCM then sends the
key valid message to the PCM which
initiates a coded data transfer. If
successful, the engine will then be
authorized to start the vehicle.
In addressing the specific content
requirements of 543.6, Jaguar provided
information on the reliability and
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
which include encrypted data that are
secure against copying. Jaguar also
stated that the coded data transfer
between the BCM and the PCM modules
use a unique secure identifier, a random
number and a secure public algorithm.
Furthermore, Jaguar stated that since the
F-Type vehicle line will utilize push
button vehicle ignition, it does not have
a conventional mechanical key barrel.
Therefore, there will be no means of
VerDate Mar<15>2010
17:11 Mar 12, 2013
Jkt 229001
forcibly bypassing the key-locking
system.
Jaguar stated that the F-Type is a new
vehicle line, therefore no theft data is
available. Also, Jaguar stated that the
immobilizer is substantially similar to
the antitheft device installed on the
Jaguar XK, Jaguar XJ, Land Rover LR2
and Land Rover Evoque. Jaguar stated
that based on MY 2010 theft information
published by NHTSA, the Jaguar Land
Rover vehicles equipped with
immobilizers had a combined theft rate
of 0.60 per thousand vehicles, which is
below NHTSA’s overall theft rate of 1.17
thefts per thousand. The theft rates for
the Jaguar XK, XJ and Land Rover LR2
are 0.9099, 0.0000 and 0.0000,
respectively. Theft rate data is not
available for the Land Rover Evoque.
Jaguar believes these low theft rates
demonstrate the effectiveness of the
immobilizer device. Additionally,
Jaguar 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 Jaguar on the device, the
agency believes that the antitheft device
for the F-Type 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; 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.
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 Jaguar has provided adequate
reasons for its belief that the antitheft
device for the Jaguar F-Type 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.
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
16041
For the foregoing reasons, the agency
hereby grants in full Jaguar’s petition for
exemption for the Jaguar F-Type vehicle
line from the parts-marking
requirements of 49 CFR Part 541. The
agency notes that 49 CFR Part 541,
Appendix A–1, identifies those lines
that are exempted from the Theft
Prevention Standard for a given model
year. 49 CFR Part 543.7(f) contains
publication requirements incident to the
disposition of all Part 543 petitions.
Advanced listing, including the release
of future product nameplates, the
beginning model year for which the
petition is granted and a general
description of the antitheft device is
necessary in order to notify law
enforcement agencies of new vehicle
lines exempted from the parts-marking
requirements of the Theft Prevention
Standard.
If Jaguar decides not to use the
exemption for this line, it must 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. 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
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.
E:\FR\FM\13MRN1.SGM
13MRN1
16042
Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Notices
Issued on: March 7, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking .
[FR Doc. 2013–05760 Filed 3–12–13; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0029]
Beall Corporation; Receipt of Petition
for Renewal of Temporary Exemption
From FMVSS No. 224
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of receipt of a petition for
renewal of a temporary exemption from
Federal Motor Vehicle Safety Standard
No. 224, Rear Impact Protection.
AGENCY:
In accordance with the
procedures in 49 CFR Part 555, Beall
Corporation, d/b/a Pioneer Truckweld
has petitioned the agency for renewal of
a temporary exemption from certain
requirements of Federal Motor Vehicle
Safety Standard (FMVSS) No. 224, Rear
Impact Protection. This notice of receipt
of an application for renewal of a
temporary exemption is published in
accordance with statutory and
administrative provisions. NHTSA has
made no judgment on the merits of the
application.
DATES: You should submit your
comments not later than April 12, 2013.
FOR FURTHER INFORMATION CONTACT:
William H. Shakely, Office of the Chief
Counsel, NCC–112, National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue SE., West Building 4th
Floor, Room W41–318, Washington, DC
20590. Telephone: (202) 366–2992; Fax:
(202) 366–3820.
ADDRESSES: We invite you to submit
comments on the application described
above. You may submit comments
identified by docket number at the
heading of this notice by any of the
following methods:
• Web Site: https://
www.regulations.gov. Follow the
instructions for submitting comments
on the electronic docket site by clicking
on ‘‘Help and Information’’ or ‘‘Help/
Info.’’
• Fax: 1–202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE., West Building Ground
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:11 Mar 12, 2013
Jkt 229001
Floor, Room W12–140, Washington, DC,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and docket
number. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act discussion
below. We will consider all comments
received before the close of business on
the comment closing date indicated
above. To the extent possible, we will
also consider comments filed after the
closing date.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov at any time or to
1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays. Telephone:
(202) 366–9826.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://www.dot.gov/
privacy.html.
Confidential Business Information: If
you wish to submit any information
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Chief
Counsel, NHTSA, at the address given
under FOR FURTHER INFORMATION
CONTACT. In addition, you should
submit a copy, from which you have
deleted the claimed confidential
business information, to Docket
Management at the address given above.
When you send a comment containing
information claimed to be confidential
business information, you should
include a cover letter setting forth the
information specified in our
confidential business information
regulation (49 CFR Part 512).
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
I. Statutory Basis for Temporary
Exemptions
The National Traffic and Motor
Vehicle Safety Act (Safety Act), codified
at 49 U.S.C. Chapter 301, authorizes the
Secretary of Transportation to exempt,
on a temporary basis and under
specified circumstances, motor vehicles
from a motor vehicle safety standard or
bumper standard. This authority is set
forth at 49 U.S.C. 30113. The Secretary
has delegated the authority in this
section to NHTSA.
NHTSA established 49 CFR Part 555,
Temporary Exemption from Motor
Vehicle Safety and Bumper Standards,
to implement the statutory provisions
concerning temporary exemptions. A
vehicle manufacturer wishing to obtain
an exemption from a standard must
demonstrate in its application (A) that
an exemption would be in the public
interest and consistent with the Safety
Act and (B) that the manufacturer
satisfies one of the following four bases
for an exemption: (i) Compliance with
the standard would cause substantial
economic hardship to a manufacturer
that has tried to comply with the
standard in good faith; (ii) the
exemption would make easier the
development or field evaluation of a
new motor vehicle safety feature
providing a safety level at least equal to
the safety level of the standard; (iii) the
exemption would make the
development or field evaluation of a
low-emission motor vehicle easier and
would not unreasonably lower the
safety level of that vehicle; or (iv)
compliance with the standard would
prevent the manufacturer from selling a
motor vehicle with an overall safety
level at least equal to the overall safety
level of nonexempt vehicles.
A manufacturer is eligible to apply for
a hardship exemption if its total motor
vehicle production in its most recent
year of production did not exceed
10,000 vehicles, as determined by the
NHTSA Administrator (49 U.S.C.
30113).
While 49 U.S.C. 30113(b) states that
exemptions from a Safety Act standard
are to be granted on a ‘‘temporary
basis,’’ 1 the statute also expressly
provides for renewal of an exemption on
reapplication. Exempted manufacturers
seeking renewal must bear in mind that
the agency is directed to consider
financial hardship as but one factor,
along with the manufacturer’s ongoing
good faith efforts to comply with the
regulation, the public interest,
consistency with the Safety Act,
generally, as well as other such matters
1 49
E:\FR\FM\13MRN1.SGM
U.S.C. 30113(b)(1).
13MRN1
]]>Agencies
[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Notices]
[Pages 16040-16042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05760]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; Jaguar Land Rover North America Llc
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
-----------------------------------------------------------------------
SUMMARY: This document grants in full the Jaguar Land Rover North
America LLC's, (Jaguar) petition for an exemption of the F-Type 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) 2014.
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 November 16, 2012,
Jaguar requested an exemption from the parts-marking requirements of
the Theft Prevention Standard (49 CFR Part 541) for the MY 2014 Jaguar
F-Type vehicle line. The petition requested an exemption from parts-
marking 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.
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 antitheft device for the F-Type
vehicle line. Jaguar stated that the F-Type vehicles will be equipped
with a passive, transponder based, electronic engine immobilizer device
as standard equipment beginning with the 2014 model year. 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, Smart Key and door
control units. Jaguar stated that its antitheft device will also
include an audible and visual perimeter alarm system as standard
equipment. Jaguar stated that the perimeter alarm can be armed with the
Smart Key or programmed to be passively armed. The siren will sound and
the vehicle's exterior lights will flash if unauthorized entry is
attempted by opening the hood, doors or luggage compartment. Jaguar's
submission is considered a complete petition as required by 49 CFR
543.7, in that it meets the general requirements contained in Sec.
543.5 and the specific content requirements of Sec. 543.6.
The immobilizer device is automatically armed when the Smart Key is
removed from the vehicle. Jaguar 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.
Jaguar stated that there are three methods to its antitheft device
operation. Method one consists of automatic detection of the Smart Key
via a remote frequency challenge response sequence. Specifically, when
the driver approaches the vehicle and pulls the driver's door handle
following authentication of the correct Smart Key, the doors will
unlock. When the ignition start button is pressed, a search to find and
authenticate the Smart Key commences within the vehicle interior. If
successful, this information is passed by a coded data transfer to the
BCM via the Remote Function Actuator. The
[[Page 16041]]
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 PCM which initiates a coded data transfer authorizing the engine
to start. Method two consists of unlocking the vehicle with the Smart
Key unlock button. As the driver approaches the vehicle, the Smart Key
unlock button is pressed and the doors will unlock. Once the driver
presses the ignition start button, the operation process is the same as
method one. Method three involves using the emergency key blade. 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 the Immobilizer Antenna
Unit. The BCM then sends the key valid message to the PCM which
initiates a coded data transfer. If successful, the engine will then be
authorized to start the vehicle.
In addressing the specific content requirements of 543.6, Jaguar
provided information on the reliability and 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 which include encrypted data that are secure against
copying. Jaguar also stated that the coded data transfer between the
BCM and the PCM modules use a unique secure identifier, a random number
and a secure public algorithm. Furthermore, Jaguar stated that since
the F-Type vehicle line will utilize push button vehicle ignition, it
does not have a conventional mechanical key barrel. Therefore, there
will be no means of forcibly bypassing the key-locking system.
Jaguar stated that the F-Type is a new vehicle line, therefore no
theft data is available. Also, Jaguar stated that the immobilizer is
substantially similar to the antitheft device installed on the Jaguar
XK, Jaguar XJ, Land Rover LR2 and Land Rover Evoque. Jaguar stated that
based on MY 2010 theft information published by NHTSA, the Jaguar Land
Rover vehicles equipped with immobilizers had a combined theft rate of
0.60 per thousand vehicles, which is below NHTSA's overall theft rate
of 1.17 thefts per thousand. The theft rates for the Jaguar XK, XJ and
Land Rover LR2 are 0.9099, 0.0000 and 0.0000, respectively. Theft rate
data is not available for the Land Rover Evoque. Jaguar believes these
low theft rates demonstrate the effectiveness of the immobilizer
device. Additionally, Jaguar 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 Jaguar on the device,
the agency believes that the antitheft device for the F-Type 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; 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.
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 Jaguar has provided adequate reasons for its belief that the
antitheft device for the Jaguar F-Type 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.
For the foregoing reasons, the agency hereby grants in full
Jaguar's petition for exemption for the Jaguar F-Type vehicle line from
the parts-marking requirements of 49 CFR Part 541. The agency notes
that 49 CFR Part 541, Appendix A-1, identifies those lines that are
exempted from the Theft Prevention Standard for a given model year. 49
CFR Part 543.7(f) contains publication requirements incident to the
disposition of all Part 543 petitions. Advanced listing, including the
release of future product nameplates, the beginning model year for
which the petition is granted and a general description of the
antitheft device is necessary in order to notify law enforcement
agencies of new vehicle lines exempted from the parts-marking
requirements of the Theft Prevention Standard.
If Jaguar decides not to use the exemption for this line, it must
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. 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, 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 Sec.
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.
[[Page 16042]]
Issued on: March 7, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking .
[FR Doc. 2013-05760 Filed 3-12-13; 8:45 am]
BILLING CODE 4910-59-P
