Petition for Exemption From the Vehicle Theft Prevention Standard; Jaguar Land Rover North America LLC, 22061-22063 [2017-09514]
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Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices
motor vehicle theft than the partsmarking requirements, Ford stated that
it installed the SecuriLock/PATS
immobilizer device as standard
equipment on all of its MY 1996 Ford
Mustang GT and Cobra vehicle lines, as
well as other selected models including
the Ford Mustang vehicle line. Ford also
referenced the National Insurance Crime
Bureau (NICB) theft statistics which
showed that there was a 70% reduction
in the theft rate for the MY 1997 Ford
Mustang vehicle line installed with the
SecuriLock/PATS immobilizer device as
compared to the theft rate for its MY
1995 Ford Mustang vehicle line not
installed with the antitheft immobilizer
device.
Ford also reported that beginning
with MY 2008, the SecuriLock/PATS
immobilizer device was installed as
standard equipment on all of its North
American Ford, Lincoln and Mercury
vehicles except for the F-series Super
Duty, Econoline and Crown Victoria
Police Interceptor vehicles. Ford further
stated that the SecuriLock/PATS system
with its standard equipment
immobilizer device is similar in design
and implementation to the antitheft
device offered on the Ford Fusion
vehicle line starting with the 2012
model year. Ford was granted an
exemption for the Fusion vehicle line
on January 11, 2011 by NHTSA (See 71
FR 7824) beginning with its MY 2006
vehicles. The theft rate for the MY 2012
Ford Fusion using an average of three
MYs’ data (2011–2013) is 1.2712. Ford
also referenced theft rate data published
by NHTSA showing that theft rates for
the Ford Escape vehicle line have been
gradually decreasing and stated that it is
currently very close to the theft rate for
all vehicles published for MY’s 2008–
2013. Ford stated that since its
SecuriLock/PATS or IAwPB
immobilization device will be the
primary theft deterrents on Ford
EcoSport vehicles, it believes that the
very low theft rates are likely to
continue or improve in the future. The
theft rate for the MY 2013 Ford Escape
using an average of three MYs’ data
(2011–2013) is 0.7764. There is no
current theft rate data available for
Ford’s new EcoSport vehicle line.
The agency agrees that Ford’s
antitheft device is substantially similar
to antitheft devices installed on other
vehicle lines for which the agency has
already granted exemptions.
Based on the supporting evidence
submitted by Ford about its antitheft
device, the agency believes that the
antitheft device for the EcoSport vehicle
line is likely to be as effective in
reducing and deterring motor vehicle
theft as compliance with the parts-
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Jkt 241001
marking requirements of the Theft
Prevention Standard (49 CFR part 541).
The agency concludes that the antitheft
device will provide four of the five
types of performance listed in
§ 543.6(a)(3): Promoting activation;
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 Ford has provided adequate
reasons for its belief that the antitheft
device for the Ford EcoSport vehicle
line is likely to be as effective in
reducing and deterring motor vehicle
theft as compliance with the partsmarking requirements of the Theft
Prevention Standard (49 CFR part 541).
This conclusion is based on the
information Ford provided about its
antitheft device.
For the foregoing reasons, the agency
hereby grants in full Ford’s petition for
exemption for the EcoSport 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 partsmarking requirements of the Theft
Prevention Standard.
If Ford 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 Ford wishes in
the future to modify the immobilizer
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
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22061
belong to a line exempted under this
part and equipped with the antitheft
device on which the line’s exemption is
based. Further, Part 543.9(c)(2) provides
for the submission of petitions ‘‘to
modify an exemption to permit the use
of an antitheft device similar to but
differing from the one specified in that
exemption.’’
The agency wishes to minimize the
administrative burden that Part
543.9(c)(2) could place on exempted
vehicle manufacturers and itself. The
agency did not intend in drafting Part
543 to require the submission of a
modification petition for every change
to the components or design of an
antitheft device. The significance of
many such changes could be de
minimis. Therefore, NHTSA suggests
that if the manufacturer contemplates
making any changes, the effects of
which might be characterized as de
minimis, it should consult the agency
before preparing and submitting a
petition to modify.
Issued in Washington, DC, under authority
delegated in 49 CFR part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017–09511 Filed 5–10–17; 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 Land Rover) petition for
an exemption of the F-Pace 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) 2018.
FOR FURTHER INFORMATION CONTACT: Mr.
Hisham Mohamed, Office of
International Policy, Fuel Economy and
SUMMARY:
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22062
Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices
Consumer Programs, NHTSA, W43–437,
1200 New Jersey Avenue SE.,
Washington, DC 20590. Mr. Mohamed’s
phone number is (202) 366–0307. His
fax number is (202) 493–2990.
In a
petition dated December 15, 2016,
Jaguar Land Rover requested an
exemption from the parts-marking
requirements of the Theft Prevention
Standard (49 CFR part 541) for the MY
2018 Jaguar F-Pace 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 Land Rover provided
a detailed description and diagram of
the identity, design, and location of the
components of the antitheft device for
the F-Pace vehicle line. Jaguar Land
Rover stated that its F-Pace vehicles will
be equipped with a passive,
transponder-based, electronic engine
immobilizer device as standard
equipment beginning with the 2018
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 (RFR),
Immobilizer Antenna Unit (IAU),
Remote Frequency Actuator (RFA),
Perimeter Alarm System, Smart Key and
door control units (DCU/s). Jaguar Land
Rover stated that its antitheft device will
also include an audible and visual
perimeter alarm system as standard
equipment. Jaguar Land Rover 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 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 an
identification key code and a randomly
generated secret code that are unique to
each vehicle.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
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Jkt 241001
Jaguar Land Rover stated that there
are three methods of 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 coded data transfer to the BCM via
the Remote Function Actuator. The
BCM in turn, will pass the ‘‘valid key’’
status to the instrument cluster, via a
coded data transfer. The BCM will then
send the key valid message code to the
PCM initiating a coded data transfer and
authorize 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 is authorized to
start.
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
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
device is reliable and durable because it
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 the
BCM and the PCM modules use a
unique secure identifier, a random
number and a secure public algorithm.
Furthermore, Jaguar Land Rover stated
that since the F-Pace 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 also stated that no
theft data is available for the F-Pace
because it is a new vehicle line. Jaguar
Land Rover further stated that its
immobilizer is substantially similar to
the antitheft device installed on the
Jaguar XK, Jaguar F-Type, Jaguar XJ,
Land Rover Discovery Sport and Land
Rover Range Rover Evoque. Jaguar Land
Rover stated that based on MY 2014
theft information published by NHTSA,
the Jaguar Land Rover vehicles
equipped with immobilizers had a
combined theft rate of 0.31 per thousand
vehicles, which is below NHTSA’s
overall theft rate of 1.15 thefts per
thousand. The agency notes the average
theft rate for the XK, XJ and Land Rover
LR2 vehicle lines using an average of
three model years’ data (2012—
preliminary 2014) are 0.5039, 0.6811
and 0.1141, respectively and the theft
rate for the Jaguar F-type is 0.7416
(preliminary 2014). Jaguar Land Rover
believes these low theft rates
demonstrate the effectiveness of the
immobilizer device.
Based on the supporting evidence
submitted by Jaguar Land Rover on the
device, the agency believes that the
antitheft device for the F-Pace 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 parts-
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices
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 F-Pace 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 F-Pace
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
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16:52 May 10, 2017
Jkt 241001
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.
Issued in Washington, DC under authority
delegated in 49 CFR part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017–09514 Filed 5–10–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Bureau of the Fiscal Service
Proposed Collection of Information:
Generic Clearance for the Collection or
Qualitative Feedback on Agency
Service Delivery
Notice and request for
comments.
ACTION:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
Currently the Bureau of the Fiscal
Service within the Department of the
Treasury is soliciting comments
concerning the Generic Clearance for
the Collection or Qualitative Feedback
on Agency Service Delivery.
DATES: Written comments should be
received on or before July 10, 2017 to be
assured of consideration.
ADDRESSES: Direct all written comments
and requests for additional information
to Bureau of the Fiscal Service, Bruce A.
Sharp, 200 Third Street A4–A,
Parkersburg, WV 26106–1328, or
bruce.sharp@fiscal.treasury.gov.
SUPPLEMENTARY INFORMATION:
Title: Generic Clearance for the
Collection or Qualitative Feedback on
Agency Service Delivery.
OMB Number: 1530–0023.
Transfer of OMB Control Number: The
Bureau of Public Debt (BPD) and the
Financial Management Service (FMS)
have consolidated to become the Bureau
of the Fiscal Service (Fiscal Service).
SUMMARY:
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22063
Information collection requests
previously held separately by BPD and
FMS will now be identified by a 1530
prefix, designating Fiscal Service.
Abstract: The Bureau of the Fiscal
Service conducts various surveys, focus
groups, and interviews to assess the
effectiveness and efficiency of existing
products and services; to obtain
knowledge about the potential public
audiences attracted to new products
being introduced; and to measure
awareness and appeal of efforts to reach
audiences and customers.
Current Actions: Extension of a
currently approved collection.
Type of Review: Regular.
Affected Public: Individuals or
Households.
Estimated Number of Respondents:
10,000.
Estimated Time per Respondent: 60
minutes.
Estimated Total Annual Burden
Hours: 10,000.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.
Dated: May 5, 2017.
Bruce A. Sharp,
Bureau Clearance Officer.
[FR Doc. 2017–09553 Filed 5–10–17; 8:45 am]
BILLING CODE 4810–AS–P
DEPARTMENT OF THE TREASURY
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Generic Clearance
for the Collection of Qualitative
Feedback on Agency Service Delivery.
Departmental Offices, U.S.
Department of the Treasury.
ACTION: Notice.
AGENCY:
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Agencies
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Notices]
[Pages 22061-22063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09514]
-----------------------------------------------------------------------
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 Land Rover) petition for an exemption of the F-
Pace 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) 2018.
FOR FURTHER INFORMATION CONTACT: Mr. Hisham Mohamed, Office of
International Policy, Fuel Economy and
[[Page 22062]]
Consumer Programs, NHTSA, W43-437, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Mr. Mohamed's phone number is (202) 366-0307. His
fax number is (202) 493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated December 15, 2016,
Jaguar Land Rover requested an exemption from the parts-marking
requirements of the Theft Prevention Standard (49 CFR part 541) for the
MY 2018 Jaguar F-Pace 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
Land Rover provided a detailed description and diagram of the identity,
design, and location of the components of the antitheft device for the
F-Pace vehicle line. Jaguar Land Rover stated that its F-Pace vehicles
will be equipped with a passive, transponder-based, electronic engine
immobilizer device as standard equipment beginning with the 2018 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 (RFR), Immobilizer Antenna Unit (IAU), Remote
Frequency Actuator (RFA), Perimeter Alarm System, Smart Key and door
control units (DCU/s). Jaguar Land Rover stated that its antitheft
device will also include an audible and visual perimeter alarm system
as standard equipment. Jaguar Land Rover 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 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 an
identification key code and a randomly generated secret code that are
unique to each vehicle.
Jaguar Land Rover stated that there are three methods of 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 coded
data transfer to the BCM via the Remote Function Actuator. The BCM in
turn, will pass the ``valid key'' status to the instrument cluster, via
a coded data transfer. The BCM will then send the key valid message
code to the PCM initiating a coded data transfer and authorize 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 is authorized to start.
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 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 the BCM and the PCM modules use a unique secure identifier, a
random number and a secure public algorithm. Furthermore, Jaguar Land
Rover stated that since the F-Pace 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 also stated that no theft data is available for
the F-Pace because it is a new vehicle line. Jaguar Land Rover further
stated that its immobilizer is substantially similar to the antitheft
device installed on the Jaguar XK, Jaguar F-Type, Jaguar XJ, Land Rover
Discovery Sport and Land Rover Range Rover Evoque. Jaguar Land Rover
stated that based on MY 2014 theft information published by NHTSA, the
Jaguar Land Rover vehicles equipped with immobilizers had a combined
theft rate of 0.31 per thousand vehicles, which is below NHTSA's
overall theft rate of 1.15 thefts per thousand. The agency notes the
average theft rate for the XK, XJ and Land Rover LR2 vehicle lines
using an average of three model years' data (2012--preliminary 2014)
are 0.5039, 0.6811 and 0.1141, respectively and the theft rate for the
Jaguar F-type is 0.7416 (preliminary 2014). Jaguar Land Rover believes
these low theft rates demonstrate the effectiveness of the immobilizer
device.
Based on the supporting evidence submitted by Jaguar Land Rover on
the device, the agency believes that the antitheft device for the F-
Pace 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-
[[Page 22063]]
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 F-Pace 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 F-Pace 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 minimis, it should consult the agency
before preparing and submitting a petition to modify.
Issued in Washington, DC under authority delegated in 49 CFR
part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-09514 Filed 5-10-17; 8:45 am]
BILLING CODE 4910-59-P