80 FR 20065 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Maserati North America Inc.

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 71 (April 14, 2015)

Page Range		20065-20066
FR Document		2015-08490

This document grants in full the Maserati North America Inc.'s, (Maserati) petition for an exemption of the Ghibli 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 the 49 CFR part 541, Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard).

Federal Register, Volume 80 Issue 71 (Tuesday, April 14, 2015)

[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Notices]
[Pages 20065-20066]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08490]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Maserati North America Inc.

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition for exemption.

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SUMMARY: This document grants in full the Maserati North America 
Inc.'s, (Maserati) petition for an exemption of the Ghibli 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 the 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 2016 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 February 5, 2015, 
Maserati requested an exemption from the parts-marking requirements of 
the Theft Prevention Standard for the Ghibli vehicle line beginning 
with MY 2016. 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, 
Maserati provided a detailed description and diagram of the identity, 
design, and location of the components of the antitheft device for the 
Ghibli vehicle line. Maserati stated that all of its vehicles will be 
equipped with a passive, Sentry Key Immobilizer System (SKIS), a 
Vehicle Alarm System (VTA) and a Keyless Ignition System as standard 
equipment beginning with the 2016 model year. Key components of its 
SKIS antitheft device will include an Engine Power Control Module, Fuel 
Delivery and a Starter Motor Circuit. Maserati's keyless ignition 
system will consist of a Key Fob with Remote Keyless Entry (RKE) 
Transmitter, RFHub and Keyless Ignition Node (KIN). Key components of 
Maserati's VTA system are a hood ajar switch, security indicator, 
RFHub/Kin and FOBIK, an intrusion and inclination sensor, door ajar 
switches, an intrusion module and a central body controller. Maserati 
also stated that its VTA system will include an audible and visual 
feature that will provide perimeter protection that will monitors the 
vehicle doors, ignition switch and deck lid for unauthorized tampering, 
and an ultrasonic intrusion sensor, designed to detect motion within 
the vehicle. Maserati further stated that if unauthorized tampering 
with any of these protected areas is detected, the vehicle's horn/siren 
will sound and some of its exterior lamps will flash.
    Maserati stated that the immobilizer device is automatically 
activated when the ignition is changed from the run position to the off 
position. Once activated, only the use of a valid key can disable 
immobilization and allow the vehicle to run. Specifically, Maserati 
stated that the device is deactivated by performing an unlock actuation 
via the RKE transmitter or by starting the vehicle with a valid RFHub 
key. Maserati stated that to start the vehicle, the driver must press 
and hold the brake pedal while pressing the START/STOP button. The 
system takes over and engages the starter causing the starter motor to 
run and disengage automatically when the engine is running. Maserati 
stated that the RFHub contains and controls the SKIS, preventing the 
engine from running more than 2 seconds unless a valid FOBIK key is 
used to start the engine. Maserati also stated that the vehicle's key 
fob with RKE transmitter, RFHub and the KIN contains over 50,000 
possible electronic key combinations and allows the driver to operate 
the ignition switch with the push of a button as long as the RKE 
transmitter is in the passenger compartment.
    Maserati'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 543.6, Maserati 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, Maserati 
conducted tests based on its own specified standards. Maserati provided 
a detailed list of the tests conducted (i.e., low and high temperature 
exposure on system components, resistance for humidity, ice, water 
immersion, dust exposure, and drop shock on surfaces). Maserati also 
stated that the VTA, including the immobilizer device and its related 
components must meet design and durability requirements for full 
vehicle useful life (10 years/120k miles). Maserati stated that it 
believes that its device is reliable and durable because it complied 
with specified requirements for each test.
    Maserati stated that based on MY 2010 theft data published by 
NHTSA, its

[[Page 20066]]

antitheft and immobilizer-installed vehicles have historically 
experienced extremely low to zero theft rates. Maserati informed the 
agency that its immobilizer antitheft device has been installed on its 
Quattroporte vehicles as standard equipment since MY 2007 and believes 
that its advanced. Maserati compared its Quattroporte vehicle line to 
its Ghibli vehicle line. Maserati stated that its Ghibli vehicle line 
incorporates identical vehicle/system architecture as its Quattroporte 
vehicle line. Maserati further stated that the vehicle powertrain, 
electrical and other vehicle systems are similar in construction and 
design as the Ghibli vehicle line. Theft rate data reported in Federal 
Register notices published by the agency show that the theft rate for 
the Quattroporte vehicle line, using an average of three MYs' data 
(2010-2012) is 0.0000, which is significantly lower than the median 
theft rate established by the agency. There is no available theft data 
for the Ghibli vehicle line. Maserati believes that the low theft rate 
experienced by the immobilizer-installed Quattroporte vehicle line 
demonstrates the effectiveness of the proposed immobilizer device to be 
installed on the Ghibli vehicle line.
    Based on the supporting evidence submitted by Maserati on its 
device, the agency believes that the antitheft device for the Ghibli 
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). 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 Maserati 
has provided adequate reasons for its belief that the antitheft device 
for the Maserati Ghibli 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 Maserati 
provided about its device.
    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.
    For the foregoing reasons, the agency hereby grants in full 
Maserati's petition for exemption for the Maserati Ghibli 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 Maserati 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 Maserati 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.

    Under authority delegated in 49 CFR Part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-08490 Filed 4-13-15; 8:45 am]
 BILLING CODE 4910-59-P

20066 Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Notices

antitheft and immobilizer-installed unauthorized persons; preventing Under authority delegated in 49 CFR Part
vehicles have historically experienced operation of the vehicle by 1.95.
extremely low to zero theft rates. unauthorized entrants; and ensuring the Raymond R. Posten,
Maserati informed the agency that its reliability and durability of the device. Associate Administrator for Rulemaking.
immobilizer antitheft device has been For the foregoing reasons, the agency [FR Doc. 2015–08490 Filed 4–13–15; 8:45 am]
installed on its Quattroporte vehicles as hereby grants in full Maserati’s petition BILLING CODE 4910–59–P
standard equipment since MY 2007 and
for exemption for the Maserati Ghibli
believes that its advanced. Maserati
vehicle line from the parts-marking
compared its Quattroporte vehicle line DEPARTMENT OF TRANSPORTATION
requirements of 49 CFR part 541. The
to its Ghibli vehicle line. Maserati stated
that its Ghibli vehicle line incorporates agency notes that 49 CFR part 541, Pipeline and Hazardous Materials
identical vehicle/system architecture as Appendix A–1, identifies those lines Safety Administration
its Quattroporte vehicle line. Maserati that are exempted from the Theft
Prevention Standard for a given model [Docket No. PHMSA–2015–0104; Notice No.
further stated that the vehicle 15–09]
powertrain, electrical and other vehicle year. 49 CFR part 543.7(f) contains
systems are similar in construction and publication requirements incident to the Hazardous Materials: Explosive
design as the Ghibli vehicle line. Theft disposition of all Part 543 petitions. Approvals—Applicant Contact
rate data reported in Federal Register Advanced listing, including the release Information and Compliance With
notices published by the agency show of future product nameplates, the Special Provision 347
that the theft rate for the Quattroporte beginning model year for which the
vehicle line, using an average of three petition is granted and a general AGENCY: Pipeline and Hazardous
MYs’ data (2010–2012) is 0.0000, which description of the antitheft device is Materials Safety Administration
is significantly lower than the median necessary in order to notify law (PHMSA), DOT.
theft rate established by the agency. enforcement agencies of new vehicle ACTION: Proposed termination of
There is no available theft data for the lines exempted from the parts-marking explosive approvals.
Ghibli vehicle line. Maserati believes requirements of the Theft Prevention
SUMMARY: PHMSA proposes to terminate
that the low theft rate experienced by Standard.
the explosive approvals listed herein.
the immobilizer-installed Quattroporte If Maserati decides not to use the
vehicle line demonstrates the PHMSA attempted to contact all of the
exemption for this line, it must formally below listed approval holders during
effectiveness of the proposed notify the agency. If such a decision is
immobilizer device to be installed on the month of October 2014 via certified
made, the line must be fully marked mail utilizing the addresses on file. The
the Ghibli vehicle line.
Based on the supporting evidence according to the requirements under 49 certified letters were returned by the
submitted by Maserati on its device, the CFR parts 541.5 and 541.6 (marking of United States Postal Service (USPS) as
agency believes that the antitheft device major component parts and replacement ‘‘undeliverable.’’ With the failure of the
for the Ghibli vehicle line is likely to be parts). explosive approval holders to provide
as effective in reducing and deterring NHTSA notes that if Maserati wishes PHMSA with a valid company name
motor vehicle theft as compliance with in the future to modify the device on and mailing address, the approvals
the parts-marking requirements of the which this exemption is based, the listed below will be terminated 30 days
Theft Prevention Standard (49 CFR 541). company may have to submit a petition after this notice is published in the
Pursuant to 49 U.S.C. 33106 and 49 CFR to modify the exemption. Part 543.7(d) Federal Register.
543.7 (b), the agency grants a petition states that a Part 543 exemption applies FOR FURTHER INFORMATION CONTACT: Mr.
for exemption from the parts-marking only to vehicles that belong to a line Ryan Paquet, Director, Approvals and
requirements of Part 541 either in whole exempted under this part and equipped Permits Division, Office of Hazardous
or in part, if it determines that, based with the antitheft device on which the Materials Safety, (202) 366–4512,
upon substantial evidence, the standard line’s exemption is based. Further, Part PHMSA, 1200 New Jersey Avenue SE.,
equipment antitheft device is likely to 543.9(c)(2) provides for the submission Washington, DC 20590.
be as effective in reducing and deterring of petitions ‘‘to modify an exemption to SUPPLEMENTARY INFORMATION:
motor vehicle theft as compliance with permit the use of an antitheft device
the parts-marking requirements of Part I. Introduction
similar to but differing from the one
541. The agency finds that Maserati has specified in that exemption.’’ In this notice, PHMSA’s Office of
provided adequate reasons for its belief Hazardous Materials Safety (OHMS) is
that the antitheft device for the Maserati The agency wishes to minimize the proposing to terminate the approvals
Ghibli vehicle line is likely to be as administrative burden that Part listed below for the approval holders’
effective in reducing and deterring 543.9(c)(2) could place on exempted failure to provide PHMSA with current
motor vehicle theft as compliance with vehicle manufacturers and itself. The valid contact information and failure to
the parts-marking requirements of the agency did not intend in drafting Part provide evidence that UN 6(d) testing
Theft Prevention Standard (49 CFR part 543 to require the submission of a has been performed in accordance with
541). This conclusion is based on the modification petition for every change § 172.102 and Special Provision 347.
information Maserati provided about its to the components or design of an
antitheft device. The significance of II. Background
asabaliauskas on DSK5VPTVN1PROD with NOTICES

device.
The agency concludes that the device many such changes could be de On January 19, 2011, PHMSA
will provide the five types of minimis. Therefore, NHTSA suggests published a final rule (76 FR 3308; HM–
performance listed in § 543.6(a)(3): that if the manufacturer contemplates 215K) titled ‘‘Hazardous Materials:
Promoting activation; attract attention to making any changes, the effects of Harmonization with the United Nations
the efforts of an unauthorized person to which might be characterized as de Recommendations, International
enter or move a vehicle by means other minimis, it should consult the agency Maritime Dangerous Goods Code, and
than a key; preventing defeat or before preparing and submitting a the International Civil Aviation
circumvention of the device by petition to modify. Organization Technical Instructions for

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Document Created: 2015-12-18 11:10:33
Document Modified: 2015-12-18 11:10:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Grant of petition for exemption.
Dates		The exemption granted by this notice is effective beginning with the 2016 model year (MY).
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.
FR Citation		80 FR 20065

80 FR 20065 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Maserati North America Inc.

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 80, Issue 71 (April 14, 2015)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration