Petition for Exemption From the Federal Vehicle Theft Prevention Standard; Jaguar Land Rover North America LLC, 30232-30234 [2014-12130]
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Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices
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New Jersey Avenue SE., West Building,
Room W43–443, Washington, DC 20590.
Ms. Mazyck’s telephone number is
(202–366–4139).
SUPPLEMENTARY INFORMATION:
National Highway Traffic Safety
Administration
Title: 49 CFR Part 583-Automobile
Parts Content Labeling.
OMB Number: 2127–0573.
Type of Request: Request for public
comment on a previously approved
collection of information.
Abstract: Part 583 establishes
requirements for the disclosure of
information relating to the countries of
origin of the equipment of new
passenger motor vehicles. This
information will be used by NHTSA to
determine whether manufacturers are
complying with the American
Automobile Labeling Act (49 U.S.C.
32304). The American Automobile
Labeling Act requires all new passenger
motor vehicles (including passenger
cars, certain small buses, all light trucks
and multipurpose passenger vehicles
with a gross vehicle weight rating of
8,500 pounds or less), to bear labels
providing information about domestic
and foreign content of their equipment.
With the affixed label on the new
passenger motor vehicles, it serves as an
aid to potential purchasers in the
selection of new passenger motor
vehicles by providing them with
information about the value of the U.S./
Canadian and foreign parts of each
vehicle, the countries of origin of the
engine and transmission, and the site of
the vehicle’s final assembly.
NHTSA anticipates approximately 21
vehicle manufacturers will be affected
by these reporting requirements.
NHTSA does not believe that any of
these 21 manufacturers are a small
business (i.e., one that employs less
than 500 persons) since each
manufacturer employs more than 500
persons. Manufacturers of new
passenger motor vehicles, including
passenger cars, certain small buses, and
light trucks with a gross vehicle weight
rating of 8,500 pounds or less, must file
a report annually.
Affected Public: Vehicle
manufacturers.
Estimated Total Annual Burden:
NHTSA estimates that the vehicle
manufacturers will incur a total annual
reporting hour and cost burden of
52,962 hours and $2,439,108
respectively. The amount includes
annual burden hours incurred by multistage manufacturers and motor vehicle
equipment suppliers. We estimate that
the annual reporting and recordkeeping
hour burden of 52,962 remains the same
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because there was no change in the
number of respondents. There is an
increase in annual cost due to inflation.
Claude H. Harris,
Acting Associate Administrator for
Rulemaking.
[FR Doc. 2014–12128 Filed 5–23–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Federal 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 Land Rover) petition for
an exemption of the Discovery Sport
vehicle line in accordance with 49 CFR
part 543, Exemption from Vehicle Theft
Prevention Standard. This petition is
granted because the agency has
determined that the antitheft device to
be placed on the line as standard
equipment is likely to be as effective in
reducing and deterring motor vehicle
theft as compliance with the partsmarking requirements of 49 CFR part
541, Federal Motor Vehicle Theft
Prevention Standard (Theft Prevention
Standard). Jaguar Land Rover also
requested confidential treatment of
specific information in its petition. The
agency will address Jaguar Land Rover’s
request for confidential treatment by
separate letter.
DATES: The exemption granted by this
notice is effective beginning with the
2015 model year (MY).
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 February 19, 2014, Jaguar
Land Rover requested an exemption
from the parts-marking requirements of
the Theft Prevention Standard for the
Jaguar Land Rover Discovery Sport
vehicle line beginning with MY 2015.
The petition requested an exemption
from parts-marking pursuant to 49 CFR
part 543, Exemption from Vehicle Theft
SUMMARY:
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Prevention Standard, based on the
installation of an antitheft device as
standard equipment for the entire
vehicle line.
Under 49 CFR 543.5(a), a
manufacturer may petition NHTSA to
grant an exemption for one vehicle line
per model year. In its petition, Jaguar
Land Rover provided a detailed
description and diagram of the identity,
design, and location of the components
of the antitheft device for the Discovery
Sport vehicle line. Jaguar Land Rover
stated that the MY 2015 Discovery Sport
vehicle line will be equipped with a
passive, transponder based, electronic
engine immobilizer antitheft device as
standard equipment. Key components of
its antitheft device will include a power
train control module (PCM), instrument
cluster, body control module (BCM),
keyless vehicle module (KVM), remote
frequency receiver (RFA), Immobilizer
Antenna Unit, Smart Key and door
control units. Jaguar Land Rover stated
that its antitheft device will also be
installed with an audible and visual
perimeter alarm system as standard
equipment. Jaguar Land Rover stated
that the perimeter alarm system can be
armed with the Smart Key or
programmed to be passively armed. The
alarm will sound and the vehicle’s
exterior lights will flash if unauthorized
entry is attempted by opening the hood,
doors or luggage compartment. Jaguar
Land Rover’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
Land Rover stated that the Smart key is
programmed and synchronized to the
vehicle through the means of a unique
identification key code for each key and
a randomly generated secret code that is
unique to each vehicle.
Jaguar Land Rover stated that there
will be three methods for unlocking the
doors and starting the engine of the
Discovery Sport vehicle line. The three
methods of system operation will either
be through the vehicle’s automatic
detection of the Smart Key, unlocking
the vehicle with the Smart key unlock
button or by using the emergency key
blade. Jaguar Land Rover stated that
automatic detection of the Smart key
method occurs when authentication of
the correct Smart Key via a low
frequency to remote frequency challenge
response sequence occurs. Specifically,
when the driver approaches the vehicle
and pulls the driver’s door handle, the
doors will unlock. When the driver
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presses the ignition start button, a
search begins to find and authenticate
the Smart Key within the vehicle
interior. If successful, this information
is passed through a coded data transfer
to the BCM via the RFA. Jaguar Land
Rover stated that the BCM will then
pass the valid key status to the
instrument cluster, send the ‘‘key valid’’
message to the PCM, initiate a coded
data transfer and authorize the engine to
start. Method two of unlocking the
vehicle with the Smart Key unlock
button occurs when the driver
approaches the vehicle, presses the
Smart Key unlock button and unlocks
the doors. Jaguar Land Rover stated that
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.
Jaguar Land Rover stated that if the
Smart Key has a discharged or damaged
battery, there is an emergency key blade
that can be removed from the Smart Key
and used to unlock the doors. Once the
driver presses the ignition start button,
a search begins to find and authenticate
the Smart Key within the vehicle
interior. If this is unsuccessful, the
Smart Key needs to be docked in the
lower steering column cowl. 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
passes the valid key status to the
instrument cluster, via the immobilizer
antenna unit and then sends the ‘‘key
valid’’ message to the PCM initiating a
coded data transfer. If successful, the
engine will start the vehicle.
In addressing the specific content
requirements of § 543.6, Jaguar Land
Rover provided information on the
reliability and durability of its proposed
device. To ensure reliability and
durability of the device, Jaguar Land
Rover conducted tests based on its own
specified standards. Jaguar 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). Jaguar Land
Rover stated that it believes that its
device is reliable and durable because it
has complied with specified
requirements for each test. Additionally,
Jaguar Land Rover stated that the key
recognition sequence includes in excess
of a billion code combinations which
include encrypted data that are secure
against copying. Jaguar Land Rover also
stated that the coded data transfer
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Jkt 232001
between modules use a unique secure
identifier, a random number and a
secure public algorithm. Furthermore,
Jaguar Land Rover stated that since the
Discovery Sport 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 Land Rover stated that the
Discovery Sport is a new vehicle line
and therefore no theft data is available.
Jaguar Land Rover further stated that its
immobilizer antitheft device is
substantially similar to the antitheft
device installed on the Jaguar F-Type,
Jaguar XK, Jaguar XJ, Land Rover LR2
and Land Rover Range Rover Evoque
vehicle lines and have all been granted
parts-marking exemptions by the
agency. Jaguar Land Rover stated that
based on MY 2011 theft information
published by NHTSA, the Jaguar Land
Rover vehicles equipped with
immobilizers had a combined theft rate
of 0.79 per thousand vehicles, which is
below NHTSA’s overall theft rate of 0.99
thefts per thousand. The theft rates for
the Jaguar XK, XJ and Land Rover LR2
are 0.8192, 1.4025 and 0.9001,
respectively. Theft rate data is not
available for the Jaguar F-Type and Land
Rover Evoque. Jaguar Land Rover
believes these low theft rates
demonstrate the effectiveness of the
immobilizer device. Additionally,
Jaguar 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.
The agency agrees that the device is
substantially similar to devices installed
on other vehicle lines for which the
agency has already granted exemptions
Based on the supporting evidence
submitted by Jaguar Land Rover on its
device, the agency believes that the
antitheft device for the Discovery Sport
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).
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
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30233
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 Land Rover has
provided adequate reasons for its belief
that the antitheft device for the Jaguar
Land Rover Discovery Sport 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 Land Rover submitted on its
device.
For the foregoing reasons, the agency
hereby grants in full Jaguar Land Rover’s
petition for exemption for the Jaguar
Land Rover Discovery Sport 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)
requires NHTSA to publish a notice of
its decision to grant or deny an
exemption petition in the Federal
Register. 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 Jaguar Land Rover 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 Parts 541.5 and 541.6
(marking of major component parts and
replacement parts).
NHTSA notes that if Jaguar 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.’’
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Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices
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.
Claude H. Harris,
Acting Associate Administrator for
Rulemaking.
NHTSA is requiring
manufacturers to submit recall reports
and associated documents online
through a web-based, Internet portal
beginning August 2014. Through this
portal, manufacturers will not only file
new reports, but will update and amend
those reports, file quarterly reports on
the progress of their recall campaigns,
submit copies of representative
communications they issue to owners
and dealers, and conduct a host of other
routine filings and communications
with the agency attendant to a safety
recall campaigns. NHTSA will offer
twenty (20) online training sessions to
instruct manufacturer staff and
representatives on how to obtain
accounts and use the new portal
between July 28, 2014, and August 8,
2014
SUMMARY:
The training sessions will be
offered between July 28, 2014, and
August 8, 2014. Participants must
register by July 25, 2014. Specific
training dates and times can be found in
the SUPPLEMENTARY INFORMATION section
below.
ADDRESSES: All training sessions will be
instructor-led and online. The web
address and passcode will be provided
to registered participants before their
selected session. Attendees must
register by close of business July 25,
2014. To register please send an email
to recalls.training@dot.gov with the
names of your participants, company
name, company location, desired
training date, and session choice.
FOR FURTHER INFORMATION CONTACT: Alex
Ansley, Safety Recall Specialist,
NHTSA, Phone: 202–493–0481, Email:
alexander.ansley@dot.gov.
DATES:
[FR Doc. 2014–12130 Filed 5–23–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA—2012–0068; Notice 5]
RIN 2127–AK72
Early Warning Reporting, Foreign
Defect Reporting, and Motor Vehicle
and Equipment Recall Reporting;
Training Sessions
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Meeting Notice—Training
Sessions for Online Recalls Portal.
AGENCY:
On August
20, 2013, NHTSA published a final rule
requiring manufacturers to submit
required recall information through a
web-based, Internet portal accessed
through our Web site www.safercar.gov.
See 78 FR 51382, 51403. Through this
portal, manufacturers will not only file
new part 573 reports, but will update
and amend those reports, file quarterly
reports on the progress of their recall
campaigns, submit copies of
representative communications they
issue to owners and dealers, and
conduct a host of other routine filings
and communications with the agency
attendant to a safety recall campaigns.
Safety recall document submissions will
only be accepted through the new
Recalls Portal beginning August 20,
2014. After this date, recall document
submissions will not be accepted by
U.S. Mail, email, or facsimile.
Online training sessions will be
offered to any manufacturer personnel,
representatives, and interested members
of the public.1 We recommend that
manufacturer recall administrators and
any persons that submit recall reports
join a training session. We will offer two
(2) types of training sessions: general
sessions and specialty sessions. General
sessions will be open to anyone and
cover a broad range of scenarios and
possible use-cases. Specialty sessions
will also be open to anyone, but will be
catered to certain types of
manufacturers.
All training will be instructor-led
WebEx sessions. Each training session
will be limited to fifty (50) registered
participants.
SUPPLEMENTARY INFORMATION:
TRAINING SESSION DATES AND TIMES:
Morning session (9:00 a.m.—11:30 a.m. Eastern)
Monday, July 28 ...................
Tuesday, July 29 ..................
Wednesday, July 30 ............
Thursday, July 31 ................
Friday, August 1 ...................
Monday, August 4 ................
Tuesday, August 5 ...............
Wednesday, August 6 ..........
Thursday, August 7 ..............
Friday, August 8 ...................
sroberts on DSK5SPTVN1PROD with NOTICES
Training session date
General Session ..............................................................
General Session ..............................................................
General Session ..............................................................
General Session ..............................................................
Specialty Session (Passenger Vehicle MFRs) ...............
Specialty Session (Heavy Duty Vehicle MFRs) ..............
Specialty Session (Tire MFRs) .......................................
Specialty Session (Equipment MFRs) ............................
General Session ..............................................................
General Session ..............................................................
To register, please send an email to
recalls.training@dot.gov and include the
first and last name of the participant(s),
company name, company location,
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19:12 May 23, 2014
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Specialty Session
Specialty Session
Specialty Session
Specialty Session
General Session.
General Session.
General Session.
General Session.
Specialty Session
Specialty Session
(Passenger Vehicle MFRs).
(Child Restraint MFRs).
(Equipment MFRs).
(Passenger Vehicle MFRs).
(Heavy Duty Vehicle MFRs).
(Child Restraint MFRs).
desired training date, and choose the
morning or the afternoon session. Also,
please include an alternative date/
session in the event your first choice is
full. Registration emails must be
received by July 25, 2014, in order to
attend an online training session.
Training session access instructions
will be sent to registered participants on
or about July 25, 2014.
Headquarters in Washington, DC, to those who
require it. Interested participants should indicate
How To Register
1 NHTSA can likely accommodate in-person
training at the U.S. Department of Transportation
Afternoon session (1:30 p.m.—4:00 p.m. Eastern)
their need for in-person training when they reserve
a training session.
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]]>Agencies
[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Notices]
[Pages 30232-30234]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12130]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal 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 Land Rover) petition for an exemption of the
Discovery Sport vehicle line in accordance with 49 CFR part 543,
Exemption from Vehicle Theft Prevention Standard. This petition is
granted because the agency has determined that the antitheft device to
be placed on the line as standard equipment is likely to be as
effective in reducing and deterring motor vehicle theft as compliance
with the parts-marking requirements of 49 CFR part 541, Federal Motor
Vehicle Theft Prevention Standard (Theft Prevention Standard). Jaguar
Land Rover also requested confidential treatment of specific
information in its petition. The agency will address Jaguar Land
Rover's request for confidential treatment by separate letter.
DATES: The exemption granted by this notice is effective beginning with
the 2015 model year (MY).
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 February 19, 2014,
Jaguar Land Rover requested an exemption from the parts-marking
requirements of the Theft Prevention Standard for the Jaguar Land Rover
Discovery Sport vehicle line beginning with MY 2015. 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 the
entire vehicle line.
Under 49 CFR 543.5(a), a manufacturer may petition NHTSA to grant
an exemption for one vehicle line per model year. In its petition,
Jaguar Land Rover provided a detailed description and diagram of the
identity, design, and location of the components of the antitheft
device for the Discovery Sport vehicle line. Jaguar Land Rover stated
that the MY 2015 Discovery Sport vehicle line will be equipped with a
passive, transponder based, electronic engine immobilizer antitheft
device as standard equipment. Key components of its antitheft device
will include a power train control module (PCM), instrument cluster,
body control module (BCM), keyless vehicle module (KVM), remote
frequency receiver (RFA), Immobilizer Antenna Unit, Smart Key and door
control units. Jaguar Land Rover stated that its antitheft device will
also be installed with an audible and visual perimeter alarm system as
standard equipment. Jaguar Land Rover stated that the perimeter alarm
system can be armed with the Smart Key or programmed to be passively
armed. The alarm will sound and the vehicle's exterior lights will
flash if unauthorized entry is attempted by opening the hood, doors or
luggage compartment. Jaguar Land Rover'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 Land Rover stated that the Smart key
is programmed and synchronized to the vehicle through the means of a
unique identification key code for each key and a randomly generated
secret code that is unique to each vehicle.
Jaguar Land Rover stated that there will be three methods for
unlocking the doors and starting the engine of the Discovery Sport
vehicle line. The three methods of system operation will either be
through the vehicle's automatic detection of the Smart Key, unlocking
the vehicle with the Smart key unlock button or by using the emergency
key blade. Jaguar Land Rover stated that automatic detection of the
Smart key method occurs when authentication of the correct Smart Key
via a low frequency to remote frequency challenge response sequence
occurs. Specifically, when the driver approaches the vehicle and pulls
the driver's door handle, the doors will unlock. When the driver
[[Page 30233]]
presses the ignition start button, a search begins to find and
authenticate the Smart Key within the vehicle interior. If successful,
this information is passed through a coded data transfer to the BCM via
the RFA. Jaguar Land Rover stated that the BCM will then pass the valid
key status to the instrument cluster, send the ``key valid'' message to
the PCM, initiate a coded data transfer and authorize the engine to
start. Method two of unlocking the vehicle with the Smart Key unlock
button occurs when the driver approaches the vehicle, presses the Smart
Key unlock button and unlocks the doors. Jaguar Land Rover stated that
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. Jaguar Land Rover stated that if the Smart Key has
a discharged or damaged battery, there is an emergency key blade that
can be removed from the Smart Key and used to unlock the doors. Once
the driver presses the ignition start button, a search begins to find
and authenticate the Smart Key within the vehicle interior. If this is
unsuccessful, the Smart Key needs to be docked in the lower steering
column cowl. 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 passes
the valid key status to the instrument cluster, via the immobilizer
antenna unit and then sends the ``key valid'' message to the PCM
initiating a coded data transfer. If successful, the engine will start
the vehicle.
In addressing the specific content requirements of Sec. 543.6,
Jaguar Land Rover provided information on the reliability and
durability of its proposed device. To ensure reliability and durability
of the device, Jaguar Land Rover conducted tests based on its own
specified standards. Jaguar 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). Jaguar Land Rover stated that it believes that its
device is reliable and durable because it has complied with specified
requirements for each test. Additionally, Jaguar Land Rover stated that
the key recognition sequence includes in excess of a billion code
combinations which include encrypted data that are secure against
copying. Jaguar Land Rover also stated that the coded data transfer
between modules use a unique secure identifier, a random number and a
secure public algorithm. Furthermore, Jaguar Land Rover stated that
since the Discovery Sport 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 Land Rover stated that the Discovery Sport is a new vehicle
line and therefore no theft data is available. Jaguar Land Rover
further stated that its immobilizer antitheft device is substantially
similar to the antitheft device installed on the Jaguar F-Type, Jaguar
XK, Jaguar XJ, Land Rover LR2 and Land Rover Range Rover Evoque vehicle
lines and have all been granted parts-marking exemptions by the agency.
Jaguar Land Rover stated that based on MY 2011 theft information
published by NHTSA, the Jaguar Land Rover vehicles equipped with
immobilizers had a combined theft rate of 0.79 per thousand vehicles,
which is below NHTSA's overall theft rate of 0.99 thefts per thousand.
The theft rates for the Jaguar XK, XJ and Land Rover LR2 are 0.8192,
1.4025 and 0.9001, respectively. Theft rate data is not available for
the Jaguar F-Type and Land Rover Evoque. Jaguar Land Rover believes
these low theft rates demonstrate the effectiveness of the immobilizer
device. Additionally, Jaguar 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.
The agency agrees that the device is substantially similar to
devices installed on other vehicle lines for which the agency has
already granted exemptions
Based on the supporting evidence submitted by Jaguar Land Rover on
its device, the agency believes that the antitheft device for the
Discovery Sport 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 Land Rover has provided adequate reasons for its
belief that the antitheft device for the Jaguar Land Rover Discovery
Sport 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 Land Rover submitted on
its device.
For the foregoing reasons, the agency hereby grants in full Jaguar
Land Rover's petition for exemption for the Jaguar Land Rover Discovery
Sport 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) requires NHTSA to publish a
notice of its decision to grant or deny an exemption petition in the
Federal Register. 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 Land Rover 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 Parts 541.5 and 541.6 (marking of major component parts and
replacement parts).
NHTSA notes that if Jaguar 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.''
[[Page 30234]]
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.
Claude H. Harris,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2014-12130 Filed 5-23-14; 8:45 am]
BILLING CODE 4910-59-P
