Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; BMW of North America, LLC, 28376-28378 [2017-12882]
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Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices
2011 Nissan Cube vehicle line which
was granted a parts-marking exemption
by the agency on April 14, 2010 (75 FR
19458). The agency notes that the theft
rates for the Nissan Cube using an
average of 3 MYs data (2012–2014), are
0.3322, 0.6471 and 2.0373 respectively.
Nissan provided data on the
effectiveness of the antitheft device
installed on its (confidential) vehicle
line in support of the belief that its
antitheft device will be highly effective
in reducing and deterring theft. Nissan
referenced the National Insurance Crime
Bureau’s data which it stated showed a
70% reduction in theft when comparing
MY 1997 Ford Mustangs (with a
standard immobilizer) to MY 1995 Ford
Mustangs (without an immobilizer).
Nissan also referenced the Highway
Loss Data Institute’s data which
reported that BMW vehicles
experienced theft loss reductions
resulting in a 73% decrease in relative
claim frequency and a 78% lower
average loss payment per claim for
vehicles equipped with an immobilizer.
Additionally, Nissan stated that theft
rates for its Pathfinder vehicle
experienced reductions from model year
(MY) 2000 to 2001 with implementation
of the engine immobilizer device as
standard equipment and further
significant reductions subsequent to MY
2001. Specifically, Nissan noted that the
agency’s theft rate data for MY’s 2001
through 2006 reported theft rates of
1.9146, 1.8011, 1.1482, 0.8102, 1.7298
and 1.3474 respectively for the Nissan
Pathfinder.
Nissan compared its device to other
similar devices previously granted
exemptions by the agency. Specifically,
it referenced the agency’s grant of full
exemptions to General Motors
Corporation for its Buick Riviera and
Oldsmobile Aurora vehicle lines (58 FR
44872, August 25, 1993) and its Cadillac
Seville vehicle line (62 FR 20058, April
24, 1997) from the parts-marking
requirements of the theft prevention
standard. Nissan stated that it believes
that since its device is functionally
equivalent to other comparable
manufacturer’s devices that have
already been granted parts-marking
exemptions by the agency, along with
the evidence of reduced theft rates for
vehicle lines equipped with similar
devices and advanced technology of
transponder electronic security, the
Nissan immobilizer device will have the
potential to achieve the level of
effectiveness equivalent to those
vehicles already exempted by the
agency. The agency agrees that the
device is substantially similar to devices
installed on other vehicle lines for
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19:12 Jun 20, 2017
Jkt 241001
which the agency has already granted
exemptions
Based on the supporting evidence
submitted by Nissan, the agency
believes that the antitheft device for the
(confidential) 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 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 Nissan has provided adequate
reasons for its belief that the antitheft
device for the (confidential) 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
Nissan provided about its device.
For the foregoing reasons, the agency
hereby grants in full Nissan’s petition
for exemption for the Nissan
(confidential) 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. As a condition to
the formal granting of Nissan’s petition
for exemption from the parts-marking
requirements of 49 CFR part 541 for the
MY 2018 (confidential) vehicle line, the
agency fully expects Nissan to notify the
agency of the nameplate for the vehicle
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
line prior to its introduction into the
United States commerce for sale.
If Nissan 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 Nissan 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. 2017–12881 Filed 6–20–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Federal Motor Vehicle Theft Prevention
Standard; BMW of 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 BMW of North America, LLC’s
(BMW) petition for exemption of the X2
vehicle line in accordance with 49 CFR
543, Exemption from the Theft
SUMMARY:
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Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices
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 541,
Federal Motor Vehicle Theft Prevention
Standard (Theft Prevention Standard).
BMW also requested confidential
treatment for specific information in its
petition. While official notification
granting or denying its request for
confidential treatment will be addressed
by separate letter, no confidential
information provided for purposes of
this document has been disclosed.
The exemption granted by this
notice is effective beginning with the
2018 model year (MY).
DATES:
Ms.
Carlita Ballard, Office of International
Policy, Fuel Economy and Consumer
Programs, National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue SE., West Building, Room W43–
439, Washington, DC 20590. Ms.
Ballard’s telephone number is (202)
366–5222. Her fax number is (202) 493–
2990.
FOR FURTHER INFORMATION CONTACT:
In a
petition dated March 13, 2017, BMW
requested an exemption from the partsmarking requirements of the Theft
Prevention Standard for the X2 vehicle
line beginning with MY 2018. The
petition requested an exemption from
parts-marking pursuant to 49 CFR 543,
Exemption from Vehicle Theft
Prevention Standard, based on the
installation of an antitheft device as
standard equipment for the entire
vehicle line.
Under 49 CFR 543.5(a), a
manufacturer may petition NHTSA to
grant an exemption for one vehicle line
per model year. In its petition, BMW
provided a detailed description and
diagram of the identity, design, and
location of the components of the
antitheft device for its X2 vehicle line.
Key features of the antitheft device will
include a passive immobilizer, a remote
control w/mechanical key, ring antenna
(transponder coil), low frequency
antenna (LF) engine control unit (DME/
DDE) with encoded start release input,
and an electronically coded vehicle
immobilizer/car access system (EWS/
CAS) control unit. BMW stated that its
X2 vehicle line will be installed with a
passive vehicle immobilizer device as
standard equipment and that it will
prevent the vehicle from being driven
away under its own engine power.
BMW also stated that it will not offer an
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
19:12 Jun 20, 2017
Jkt 241001
audible or visible alarm feature on the
proposed device.
BMW’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.
In addressing the specific content
requirements of Part 543.6, BMW
provided information on the reliability
and durability of its device. To ensure
reliability and durability of the device,
BMW stated that it conducted tests on
the antitheft device which complied
with its own specific standards and the
device is installed on other vehicle lines
for which the agency has granted a
parts-marking exemption. BMW stated
that its immobilizer device fulfills the
requirements of European vehicle
insurance companies. BMW further
address the reliability and durability of
its device by providing information on
the uniqueness of its mechanical keys
for the X2 vehicle line. Specifically,
BMW stated that the vehicle’s
mechanical keys are unique because
they require a special key blank, cutting
machine and a unique vehicle code to
allow for key duplication. BMW further
stated that the new keys will only be
issued to authorized persons and will
incorporate special guide-way millings,
making the locks almost impossible to
pick and the keys impossible to
duplicate on the open market.
BMW stated that activation of its
immobilizer device occurs
automatically when the engine is shut
off and the vehicle key is removed from
the ignition lock cylinder. Specifically,
BMW stated that its transponder sends
key data to the EWS/CAS control unit.
The correct key data must be recognized
by the EWS/CAS control unit in order
for deactivation to occur and for the
vehicle to start. The transponder
contains a chip which is integrated in
the key and powered by a battery. The
transponder also consists of a
transmitter/receiver which
communicates with the EWS/CAS
control unit. The EWS/CAS control unit
provides the interface to the loop
antenna (coil), engine control unit and
starter. The ignition and fuel supply are
only released when a correct coded
release signal has been sent by the EWS/
CAS control unit to deactivate the
device and allow the vehicle to start.
When the EWS/CAS control unit has
sent a correct release signal, and after
the initial starting value, the release
signal becomes a rolling, ever-changing,
random code that is stored in the DME/
DDE and EWS/CAS control units. The
DME/DDE must identify the correct
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
28377
release signal to release the ignition
signal and fuel supply.
BMW stated that the vehicle is also
equipped with a central-locking system
that can be operated to lock and unlock
all doors or to unlock only the driver’s
door, thereby preventing forced entry
into the vehicle through the passenger
doors. The vehicle can be further
secured by locking the doors and hood
using either the key lock cylinder on the
driver’s door or the remote frequency
remote control. BMW stated that the
frequency for the remote control
constantly changes to prevent an
unauthorized person from opening the
vehicle by intercepting the signals of its
remote control.
BMW further stated that all of its
vehicles are currently equipped with
antitheft devices as standard equipment,
including its X2 vehicle line. BMW
compared the effectiveness of its
antitheft device with devices which
NHTSA has previously determined to be
as effective in reducing and deterring
motor vehicle theft as would
compliance with the parts-marking
requirements of Part 541. Specifically,
BMW has installed its antitheft device
on its X1 (MPV and passenger cars), X3,
X4 and X5 vehicle lines, as well as its
Carline 1, 3, 4, 5, 6, 7, Z4, MINI and
MINI Countryman vehicle lines, all
which have been granted parts-marking
exemptions by the agency. BMW asserts
that theft data have indicated a decline
in theft rates for vehicle lines that have
been equipped with antitheft devices
similar to that which it proposes to
install on the X2 vehicle line. BMW also
stated that for MY/CY 2013, the
agency’s data show that the theft rates
for its lines are: 0.34 (1-series), 0.69 (3series), 1.26 (5-series), 2.47 (6-series)
1.66 (7-series), 0.24 (X1), 0.68 (X3), 2.02
(Z4), and 0.32 (MINI Cooper). Using an
average of 3 MYs data (2011–2013),
NHTSA’s theft rates for BMW’s 1 series,
3 series, 5 series, 6 series, 7 series, X1,
X3, Z4 and MINI Cooper vehicle lines
are 0.4954, 0.6581, 0.9935, 2.8054,
1.4711, 0.2356, 0.4961, 1.2843 and
0.3385 respectively, all below the
median theft rate of 3.5826.
Based on the supporting evidence
submitted by BMW, the agency believes
that the antitheft device for the BMW X2
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 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
E:\FR\FM\21JNN1.SGM
21JNN1
28378
Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices
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 supporting 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 BMW has provided adequate
reasons for its belief that the antitheft
device for the X2 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
BMW provided about its device.
For the foregoing reasons, the agency
hereby grants in full BMW’s petition for
exemption for the MY 2018 X2 vehicle
line from the parts-marking
requirements of 49 CFR part 541. The
agency notes that 49 CFR 541, Appendix
A–1, identifies those lines that are
exempted from the Theft Prevention
Standard for a given MY. 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 BMW 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 as
required by 49 CFR parts 541.5 and
541.6 (marking of major component
parts and replacement parts).
NHTSA notes that if BMW 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,
§ 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 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. 2017–12882 Filed 6–20–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Hazardous Materials: Notice of
Applications for Special Permits
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: List of applications for special
permits.
AGENCY:
In accordance with the
procedures governing the application
for, and the processing of, special
SUMMARY:
permits from the Department of
Transportation’s Hazardous Material
Regulations (49 CFR part 107, subpart
B), notice is hereby given that the Office
of Hazardous Materials Safety has
received the application described
herein. Each mode of transportation for
which a particular special permit is
requested is indicated by a number in
the ‘‘Nature of Application’’ portion of
the table below as follows: 1–Motor
vehicle, 2–Rail freight, 3–Cargo vessel,
4–Cargo aircraft only, 5–Passengercarrying aircraft.
Comments must be received on
or before July 21, 2017.
DATES:
Record Center,
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, Washington, DC 20590.
Comments should refer to the
application number and be submitted in
triplicate. If confirmation of receipt of
comments is desired, include a selfaddressed stamped postcard showing
the special permit number.
ADDRESS COMMENTS TO:
FOR FURTHER INFORMATION CONTACT:
Ryan Paquet, Director, Office of
Hazardous Materials Approvals and
Permits Division, Pipeline and
Hazardous Materials Safety
Administration, U.S. Department of
Transportation, East Building, PHH–30,
1200 New Jersey Avenue Southeast,
Washington, DC 20590–0001, (202) 366–
4535.
Copies of
the applications are available for
inspection in the Records Center, East
Building, PHH–30, 1200 New Jersey
Avenue Southeast, Washington, DC, or
at https://regulations.gov.
This notice of receipt of applications
for special permit is published in
accordance with Part 107 of the Federal
hazardous materials transportation law
(49 U.S.C. 5117(b); 49 CFR 1.53(b)).
SUPPLEMENTARY INFORMATION:
Issued in Washington, DC, on May 3, 2017.
Donald Burger,
Chief, Office of the Special Permits and
Approvals.
SPECIAL PERMITS DATA
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Application
No.
Docket No.
20414–N .......
.........................
20416–N .......
.........................
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19:12 Jun 20, 2017
Applicant
Regulation(s) affected
Lockheed Martin Corporation.
Aluminum Tank & Tank
Accessories, Inc.
Jkt 241001
PO 00000
Frm 00085
Nature of the special permits thereof
172.101(j) ...............................
To authorize the transportation of low production
batteries aboard cargo-only aircraft. (mode 4.)
To authorize the manufacture, marking, sale and
use of non-DOT specification metal refueling
tanks containing certain Class 3 liquids. (mode
1.)
177.834(h), 178.700(c)(1) ......
Fmt 4703
Sfmt 4703
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]]>Agencies
[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Notices]
[Pages 28376-28378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12882]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; BMW of 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 BMW of North America, LLC's
(BMW) petition for exemption of the X2 vehicle line in accordance with
49 CFR 543, Exemption from the Theft
[[Page 28377]]
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 541, Federal Motor Vehicle Theft Prevention
Standard (Theft Prevention Standard). BMW also requested confidential
treatment for specific information in its petition. While official
notification granting or denying its request for confidential treatment
will be addressed by separate letter, no confidential information
provided for purposes of this document has been disclosed.
DATES: The exemption granted by this notice is effective beginning with
the 2018 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, National
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., West
Building, Room W43-439, Washington, DC 20590. Ms. Ballard's telephone
number is (202) 366-5222. Her fax number is (202) 493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated March 13, 2017, BMW
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard for the X2 vehicle line beginning with MY 2018. The
petition requested an exemption from parts-marking pursuant to 49 CFR
543, Exemption from Vehicle Theft Prevention Standard, based on the
installation of an antitheft device as standard equipment for the
entire vehicle line.
Under 49 CFR 543.5(a), a manufacturer may petition NHTSA to grant
an exemption for one vehicle line per model year. In its petition, BMW
provided a detailed description and diagram of the identity, design,
and location of the components of the antitheft device for its X2
vehicle line. Key features of the antitheft device will include a
passive immobilizer, a remote control w/mechanical key, ring antenna
(transponder coil), low frequency antenna (LF) engine control unit
(DME/DDE) with encoded start release input, and an electronically coded
vehicle immobilizer/car access system (EWS/CAS) control unit. BMW
stated that its X2 vehicle line will be installed with a passive
vehicle immobilizer device as standard equipment and that it will
prevent the vehicle from being driven away under its own engine power.
BMW also stated that it will not offer an audible or visible alarm
feature on the proposed device.
BMW'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.
In addressing the specific content requirements of Part 543.6, BMW
provided information on the reliability and durability of its device.
To ensure reliability and durability of the device, BMW stated that it
conducted tests on the antitheft device which complied with its own
specific standards and the device is installed on other vehicle lines
for which the agency has granted a parts-marking exemption. BMW stated
that its immobilizer device fulfills the requirements of European
vehicle insurance companies. BMW further address the reliability and
durability of its device by providing information on the uniqueness of
its mechanical keys for the X2 vehicle line. Specifically, BMW stated
that the vehicle's mechanical keys are unique because they require a
special key blank, cutting machine and a unique vehicle code to allow
for key duplication. BMW further stated that the new keys will only be
issued to authorized persons and will incorporate special guide-way
millings, making the locks almost impossible to pick and the keys
impossible to duplicate on the open market.
BMW stated that activation of its immobilizer device occurs
automatically when the engine is shut off and the vehicle key is
removed from the ignition lock cylinder. Specifically, BMW stated that
its transponder sends key data to the EWS/CAS control unit. The correct
key data must be recognized by the EWS/CAS control unit in order for
deactivation to occur and for the vehicle to start. The transponder
contains a chip which is integrated in the key and powered by a
battery. The transponder also consists of a transmitter/receiver which
communicates with the EWS/CAS control unit. The EWS/CAS control unit
provides the interface to the loop antenna (coil), engine control unit
and starter. The ignition and fuel supply are only released when a
correct coded release signal has been sent by the EWS/CAS control unit
to deactivate the device and allow the vehicle to start. When the EWS/
CAS control unit has sent a correct release signal, and after the
initial starting value, the release signal becomes a rolling, ever-
changing, random code that is stored in the DME/DDE and EWS/CAS control
units. The DME/DDE must identify the correct release signal to release
the ignition signal and fuel supply.
BMW stated that the vehicle is also equipped with a central-locking
system that can be operated to lock and unlock all doors or to unlock
only the driver's door, thereby preventing forced entry into the
vehicle through the passenger doors. The vehicle can be further secured
by locking the doors and hood using either the key lock cylinder on the
driver's door or the remote frequency remote control. BMW stated that
the frequency for the remote control constantly changes to prevent an
unauthorized person from opening the vehicle by intercepting the
signals of its remote control.
BMW further stated that all of its vehicles are currently equipped
with antitheft devices as standard equipment, including its X2 vehicle
line. BMW compared the effectiveness of its antitheft device with
devices which NHTSA has previously determined to be as effective in
reducing and deterring motor vehicle theft as would compliance with the
parts-marking requirements of Part 541. Specifically, BMW has installed
its antitheft device on its X1 (MPV and passenger cars), X3, X4 and X5
vehicle lines, as well as its Carline 1, 3, 4, 5, 6, 7, Z4, MINI and
MINI Countryman vehicle lines, all which have been granted parts-
marking exemptions by the agency. BMW asserts that theft data have
indicated a decline in theft rates for vehicle lines that have been
equipped with antitheft devices similar to that which it proposes to
install on the X2 vehicle line. BMW also stated that for MY/CY 2013,
the agency's data show that the theft rates for its lines are: 0.34 (1-
series), 0.69 (3-series), 1.26 (5-series), 2.47 (6-series) 1.66 (7-
series), 0.24 (X1), 0.68 (X3), 2.02 (Z4), and 0.32 (MINI Cooper). Using
an average of 3 MYs data (2011-2013), NHTSA's theft rates for BMW's 1
series, 3 series, 5 series, 6 series, 7 series, X1, X3, Z4 and MINI
Cooper vehicle lines are 0.4954, 0.6581, 0.9935, 2.8054, 1.4711,
0.2356, 0.4961, 1.2843 and 0.3385 respectively, all below the median
theft rate of 3.5826.
Based on the supporting evidence submitted by BMW, the agency
believes that the antitheft device for the BMW X2 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 four of the five types of performance listed in
Sec. 543.6(a)(3): Promoting activation; preventing defeat or
circumvention of the device by unauthorized persons; preventing
[[Page 28378]]
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
supporting 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 BMW has provided adequate reasons for its belief that the
antitheft device for the X2 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 BMW provided
about its device.
For the foregoing reasons, the agency hereby grants in full BMW's
petition for exemption for the MY 2018 X2 vehicle line from the parts-
marking requirements of 49 CFR part 541. The agency notes that 49 CFR
541, Appendix A-1, identifies those lines that are exempted from the
Theft Prevention Standard for a given MY. 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 BMW 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 as required by 49 CFR parts 541.5 and 541.6 (marking of
major component parts and replacement parts).
NHTSA notes that if BMW 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, Sec. 543.9(c)(2) provides for the
submission of petitions ``to modify an exemption to permit the use of
an antitheft device similar to but differing from the one specified in
that exemption.''
The agency wishes to minimize the administrative burden that part
543.9(c)(2) could place on exempted vehicle manufacturers and itself.
The agency did not intend 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. 2017-12882 Filed 6-20-17; 8:45 am]
BILLING CODE 4910-59-P
