Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Jaguar Land Rover North America LLC, 76615-76617 [2015-30930]
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Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices
would not be independently reported on
in any reports resulting from this
project.
Estimate of the Total Annual
Reporting and Record Keeping Burden
Resulting from the Collection of
Information—NHTSA estimates that the
total time for each respondent to
participate in the data collection effort
would either be 5 minutes or 15 minutes
depending on eligibility and desire to
participate. NHTSA estimates a 50%
response rate, in which case 9,600
potential participants would to be
administered the recruitment
questionnaire in order to find 4,800
eligible volunteers to complete the
awareness survey questionnaire. The
total burden for the participants that
would only complete the recruitment
questionnaire would be 400 hours (i.e.,
5 minutes × 4,800). The total burden for
the participants that would complete
the recruitment questionnaire and the
awareness survey questionnaire would
be 1,200 hours (i.e., 15 minutes × 4,800).
The total burden for all participants
would be 1,600 hours (i.e., 400 + 1,200).
Because participants would be sampled
from Department of Motor Vehicles
Offices while they are waiting for
service, participation would not include
any participant reporting cost, record
keeping cost, or record keeping burden.
Comments are invited on the
following:
(i) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(ii) the accuracy of the agency’s
estimate of the burden of the proposed
information collection;
(iii) ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(iv) 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.
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Authority: 44 U.S.C. Section 3506(c)(2)(A).
Issued on: December 4, 2015.
Jeff Michael,
Associate Administrator, Research and
Program Development.
[FR Doc. 2015–30995 Filed 12–8–15; 8:45 am]
BILLING CODE 4910–59–P
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Federal Motor 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 Jaguar XE 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).
DATES: The exemption granted by this
notice is effective beginning with the
2017 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms.
Carlita Ballard, Office of International
Policy, Fuel Economy and Consumer
Programs, NHTSA, W43–439, 1200 New
Jersey Avenue SE., Washington, DC
20590. Ms. Ballard’s phone number is
(202) 366–5222. Her fax number is (202)
493–2990.
SUPPLEMENTARY INFORMATION: In a
petition dated October 9, 2015, Jaguar
Land Rover requested an exemption
from the parts-marking requirements of
the Theft Prevention Standard for the
Jaguar XE vehicle line beginning with
MY 2017. 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 part 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 Jaguar XE
vehicle line. Jaguar Land Rover stated
that the MY 2017 Jaguar XE vehicle line
will be equipped with a passive,
transponder based, electronic engine
immobilizer antitheft device as standard
SUMMARY:
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76615
equipment. Key components of its
antitheft device will include a power
train control module (PCM), instrument
cluster, body control module (BCM),
remote frequency receiver (RFR), remote
frequency actuator (RFA), immobilizer
antenna unit (IAU), Smart Key, and door
control units (DCU). Jaguar Land Rover
stated that its antitheft device will also
be installed with an audible and visual
perimeter alarm system as standard
equipment. If unauthorized entry is
attempted by opening the vehicle’s
hood, trunk or doors, the alarm will
sound and the vehicle’s exterior lights
will flash. Jaguar Land Rover also stated
that the perimeter alarm system can be
armed either with the Smart Key or
programmed to be passively armed.
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 activated when the Smart
Key is removed from the vehicle.
Deactivation occurs once the driver
approaches the vehicle by pulling on
the driver’s door handle or using the
Smart Key unlock button to unlock the
doors. Jaguar Land Rover stated that the
Smart Key is programmed and
synchronized to the vehicle through the
means of a unique identification key
code and a randomly generated secret
code that is unique to each 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. Jaguar Land
Rover stated that reliability and
durability of its device is further
supported by equipping its vehicles
with a key recognition sequence that has
over a billion code combinations with
encrypted data that are secure against
duplication. Jaguar Land Rover stated
that the coded data transfer between the
modules that will be installed on its XE
vehicles use a unique, secure identifier,
a random number and a secure public
algorithm. Jaguar Land Rover further
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Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices
stated that since the Jaguar XE vehicle
line will utilize a push button vehicle
ignition, it does not have a conventional
mechanical key barrel which would
allow for forcible bypass of the keylocking system.
Jaguar Land Rover stated that there
will be three methods of system
operation for its XE vehicle line.
Specifically, operation of the engine is
accomplished when either the Smart
Key is automatically detected by the
vehicle, the vehicle is unlocked using
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
after the driver/operator approaches the
vehicle, pulls the driver’s door handle,
and unlocks the doors. When the driver
presses the ignition start button, a
search begins to find and authenticate
the Smart Key within the vehicle
interior. Jaguar Land Rover stated that if
this is successful, the information is
passed through a coded data transfer to
the BCM via the RFA. Then, the BCM
will 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. Jaguar Land Rover
stated that if the Smart Key has a
discharged or damaged battery, the
driver/operator can use method three of
removing an emergency key blade from
the Smart Key to unlock the doors. After
using this method, 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 under the
foot well lamp on the driver’s side knee
bolster. 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 a
code data transfer, and then the BCM
sends the ‘‘key valid’’ message to the
PCM initiating a coded data transfer. If
successful, the engine will start the
vehicle.
Jaguar Land Rover stated that the
Jaguar XE is a new vehicle line and
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therefore theft rate data is not available.
Jaguar Land Rover further stated that its
immobilizer antitheft device is
substantially similar to the antitheft
device installed on the Jaguar XF-Type,
Land Rover Discovery Sport, Jaguar FType, Jaguar XJ, and the Land Rover
Range Rover Evoque vehicle lines which
have all been granted parts-marking
exemptions by the agency. Jaguar Land
Rover stated that based on MY 2012
theft information published by NHTSA,
the Jaguar Land Rover vehicles
equipped with immobilizers had a
combined theft rate of 0.81 per thousand
vehicles, which is below NHTSA’s
overall theft rate of 1.13 thefts per
thousand vehicles. Using an average of
3 MYs data (2011–2013), NHTSA’s theft
rates for the Jaguar XF-Type, Jaguar XJ
and the Land Rover Range Rover Evoque
are 0.7237, 1.1466 and 0.4495
respectfully. Theft data for the Jaguar FType and the Land Rover Discovery
Sport is not available. 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 Jaguar XE
vehicle line is likely to be as effective
in reducing and deterring motor vehicle
theft as compliance with the partsmarking requirements of the Theft
Prevention Standard (49 CFR 541). 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 Land Rover has
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provided adequate reasons for its belief
that the antitheft device for the Jaguar
XE 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 provided
about its device.
For the foregoing reasons, the agency
hereby grants in full Jaguar Land Rover’s
petition for exemption for the Jaguar XE
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 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.’’
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
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Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices
minimis, it should consult the agency
before preparing and submitting a
petition to modify.
Issued in Washington, DC under authority
delegated in 49 CFR 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015–30930 Filed 12–8–15; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 331 (Sub-No. 2X)]
mstockstill on DSK4VPTVN1PROD with NOTICES
The Bi-State Development Agency of
the Missouri–Illinois Metropolitan
District—Abandonment Exemption—in
the City of St. Louis, MO
The Bi-State Development Agency of
the Missouri–Illinois Metropolitan
District (Metro) has filed a verified
notice of exemption under 49 CFR part
1152 subpart F–Exempt Abandonments
to abandon 1.43 miles of rail line
extending from milepost 1.8 to milepost
3.23 within the City of St. Louis,
Missouri (the Line). The Line traverses
United States Postal Service Zip Codes
63110 and 63108.
Metro has certified that: (1) No local
traffic has moved over the Line for at
least two years; (2) no overhead traffic
has moved over the Line for at least two
years, and if there were any overhead
traffic, it could be rerouted over other
lines; (3) no formal complaint filed by
a user of rail service on the Line (or by
a state or local government entity acting
on behalf of such user) regarding
cessation of service over the line either
is pending with the Surface
Transportation Board (Board) or with
any U.S. District Court, or has been
decided in favor of complainant within
the two-year period; and (4) the
requirements at 49 CFR 1105.7(c)
(environmental report), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line Railroad—
Abandonment Portion Goshen Branch
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C.
91 (1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
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18:21 Dec 08, 2015
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assistance (OFA) has been received, this
exemption will be effective on January
8, 2016, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,1
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2),2 and
interim trail use/rail banking requests
under 49 CFR 1152.29 must be filed by
December 21, 2015. Petitions to reopen
or requests for public use conditions
under 49 CFR 1152.28 must be filed by
December 29, 2015, with the Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001.
A copy of any petition filed with the
Board should be sent to Metro’s
representative: James C. Hetlage, Lashly
& Baer, P.C., 714 Locust Street, St.
Louis, MO 63101.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
Metro has filed a combined
environmental and historic report that
addresses the effects, if any, of the
abandonment on the environment and
historic resources. OEA will issue an
environmental assessment (EA) by
December 14, 2015. Interested persons
may obtain a copy of the EA by writing
to OEA (Room 1100, Surface
Transportation Board, Washington, DC
20423–0001) or by calling OEA at (202)
245–0305. Assistance for the hearing
impaired is available through the
Federal Information Relay Service at
(800) 877–8339. Comments on
environmental and historic preservation
matters must be filed within 15 days
after the EA becomes available to the
public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), Metro shall file a notice of
consummation with the Board to signify
that it has exercised the authority
granted and fully abandoned the line. If
consummation has not been effected by
Metro’s filing of a notice of
consummation by December 9, 2016,
and there are no legal or regulatory
barriers to consummation, the authority
to abandon will automatically expire.
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
cannot be made before the exemption’s effective
date. See Exemption of Out-of-Serv. Rail Lines, 5
I.C.C. 2d 377 (1989). Any request for a stay should
be filed as soon as possible so that the Board may
take appropriate action before the exemption’s
effective date.
2 Each OFA must be accompanied by the filing
fee, which is currently set at $1,600. See 49 CFR
1002.2(f)(25).
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Board decisions and notices are
available on our Web site at
‘‘WWW.STB.DOT.GOV.’’
Decided: December 4, 2015.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015–31006 Filed 12–8–15; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
[Docket Number: RITA–2008–0002]
Office of the Assistant Secretary for
Research and Technology (OST–R);
Agency Information Collection
Activity; Notice of Renewal To
Continue To Collect Information:
Confidential Close Call Reporting for a
Transit System
Bureau of Transportation
Statistics (BTS), Office of the Assistant
Secretary for Research Technology
(OST–R), U.S. Department of
Transportation.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
requirements of section 3506(c)(2)(A) of
the Paperwork Reduction Act of 1995,
this notice announces the intention of
the BTS to request the Office of
Management and Budget (OMB) to
approve the continuation of the
following information collection:
Confidential Close Call Reporting for a
Transit System. This data collection
effort supports a multi-year program
focused on improving transit safety by
collecting and analyzing data and
information on close calls and other
unsafe occurrences in the Washington
Metropolitan Area Transit Authority
(WMATA) system. The program is cosponsored by WMATA’s Office of the
Deputy General Manager Operations
(DGMO) and the President/Business
Agent of the Amalgamated Transit
Union (ATU) Local 689. It is designed
to identify safety issues and propose
preventative safety actions based on
voluntary reports of close calls
submitted confidentially to the Bureau
of Transportation Statistics (BTS), U.S.
Department of Transportation. This
information collection is necessary to
aid WMATA/ATU in systematically
collecting and analyzing data to identify
root causes of potentially unsafe events.
DATES: Comments must be received by
January 8, 2016.
ADDRESSES: BTS seeks public comments
on its proposed continuation of
information collection. Comments
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Notices]
[Pages 76615-76617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30930]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor 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
Jaguar XE 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).
DATES: The exemption granted by this notice is effective beginning with
the 2017 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, W43-
439, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Ballard's
phone number is (202) 366-5222. Her fax number is (202) 493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated October 9, 2015, Jaguar
Land Rover requested an exemption from the parts-marking requirements
of the Theft Prevention Standard for the Jaguar XE vehicle line
beginning with MY 2017. 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 part 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 Jaguar XE vehicle line. Jaguar Land Rover
stated that the MY 2017 Jaguar XE 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), remote frequency receiver (RFR), remote
frequency actuator (RFA), immobilizer antenna unit (IAU), Smart Key,
and door control units (DCU). Jaguar Land Rover stated that its
antitheft device will also be installed with an audible and visual
perimeter alarm system as standard equipment. If unauthorized entry is
attempted by opening the vehicle's hood, trunk or doors, the alarm will
sound and the vehicle's exterior lights will flash. Jaguar Land Rover
also stated that the perimeter alarm system can be armed either with
the Smart Key or programmed to be passively armed.
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 activated when the Smart
Key is removed from the vehicle. Deactivation occurs once the driver
approaches the vehicle by pulling on the driver's door handle or using
the Smart Key unlock button to unlock the doors. Jaguar Land Rover
stated that the Smart Key is programmed and synchronized to the vehicle
through the means of a unique identification key code and a randomly
generated secret code that is unique to each 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. Jaguar Land Rover stated that reliability
and durability of its device is further supported by equipping its
vehicles with a key recognition sequence that has over a billion code
combinations with encrypted data that are secure against duplication.
Jaguar Land Rover stated that the coded data transfer between the
modules that will be installed on its XE vehicles use a unique, secure
identifier, a random number and a secure public algorithm. Jaguar Land
Rover further
[[Page 76616]]
stated that since the Jaguar XE vehicle line will utilize a push button
vehicle ignition, it does not have a conventional mechanical key barrel
which would allow for forcible bypass of the key-locking system.
Jaguar Land Rover stated that there will be three methods of system
operation for its XE vehicle line. Specifically, operation of the
engine is accomplished when either the Smart Key is automatically
detected by the vehicle, the vehicle is unlocked using 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 after the driver/operator
approaches the vehicle, pulls the driver's door handle, and unlocks the
doors. When the driver presses the ignition start button, a search
begins to find and authenticate the Smart Key within the vehicle
interior. Jaguar Land Rover stated that if this is successful, the
information is passed through a coded data transfer to the BCM via the
RFA. Then, the BCM will 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. Jaguar Land Rover stated that if the Smart Key has a
discharged or damaged battery, the driver/operator can use method three
of removing an emergency key blade from the Smart Key to unlock the
doors. After using this method, 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 under the foot well lamp on the driver's side knee
bolster. 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 a code data
transfer, and then the BCM sends the ``key valid'' message to the PCM
initiating a coded data transfer. If successful, the engine will start
the vehicle.
Jaguar Land Rover stated that the Jaguar XE is a new vehicle line
and therefore theft rate data is not available. Jaguar Land Rover
further stated that its immobilizer antitheft device is substantially
similar to the antitheft device installed on the Jaguar XF-Type, Land
Rover Discovery Sport, Jaguar F-Type, Jaguar XJ, and the Land Rover
Range Rover Evoque vehicle lines which have all been granted parts-
marking exemptions by the agency. Jaguar Land Rover stated that based
on MY 2012 theft information published by NHTSA, the Jaguar Land Rover
vehicles equipped with immobilizers had a combined theft rate of 0.81
per thousand vehicles, which is below NHTSA's overall theft rate of
1.13 thefts per thousand vehicles. Using an average of 3 MYs data
(2011-2013), NHTSA's theft rates for the Jaguar XF-Type, Jaguar XJ and
the Land Rover Range Rover Evoque are 0.7237, 1.1466 and 0.4495
respectfully. Theft data for the Jaguar F-Type and the Land Rover
Discovery Sport is not available. 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
Jaguar XE vehicle line is likely to be as effective in reducing and
deterring motor vehicle theft as compliance with the parts-marking
requirements of the Theft Prevention Standard (49 CFR 541). The agency
concludes that the device will provide 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 XE 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 provided about its device.
For the foregoing reasons, the agency hereby grants in full Jaguar
Land Rover's petition for exemption for the Jaguar XE 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 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.''
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
[[Page 76617]]
minimis, it should consult the agency before preparing and submitting a
petition to modify.
Issued in Washington, DC under authority delegated in 49 CFR
1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-30930 Filed 12-8-15; 8:45 am]
BILLING CODE 4910-59-P
