80_FR_60435 80 FR 60243 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Ford Motor Company

80 FR 60243 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Ford Motor Company

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 192 (October 5, 2015)

Page Range60243-60245
FR Document2015-25202

This document grants in full the Ford Motor Company's (Ford) petition for an exemption of the MKC 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). Ford also requested confidential treatment for specific information in its petition that the agency will address by separate letter.

Federal Register, Volume 80 Issue 192 (Monday, October 5, 2015)
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Pages 60243-60245]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25202]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Ford Motor Company

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

ACTION: Grant of petition for exemption.

-----------------------------------------------------------------------

SUMMARY: This document grants in full the Ford Motor Company's (Ford) 
petition for an exemption of the MKC 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). Ford also requested confidential treatment for specific 
information in its petition that the agency will address by separate 
letter.

DATES: The exemption granted by this notice is effective beginning with 
the 2017 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, W43-
443, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's 
phone number is (202) 366-4139. Her fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated June 25, 2015, Ford 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for the Lincoln MKC vehicle line beginning with MY 
2017. The petition requested 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, Ford provided a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device for its Lincoln MKC vehicle line. Ford stated that the Lincoln 
MKC will be installed with its Intelligent Access with Push Button 
Start (IAwPB) system as standard equipment on the entire vehicle line. 
The IAwPB system is a passive, electronic engine immobilizer device 
that uses encrypted transponder technology. Key components of the IAwPB 
device will include an Intelligent Access electronic Push-Button Start 
key fob, keyless ignition system, body control module (BCM), powertrain 
control module (PCM) and a passive immobilizer. Ford further stated 
that its Lincoln MKC vehicle line will be offered with a perimeter 
alarm system as standard equipment. The perimeter alarm system will 
activate a visible and audible alarm whenever unauthorized access is 
attempted.
    Ford stated that the device's integration of the transponder into 
the normal operation of the ignition key assures activation of the 
system. Ford also stated that the MKC vehicle line's electronic key 
will be programmed into the vehicle during system initialization at the 
manufacturing plant. Ford further stated that the vehicle engine can 
only be started when the key is present in the vehicle and the 
``StartStop'' button inside the vehicle is pressed. Ford stated that 
when the ``StartStop'' button is pressed, the transceiver module will 
read a key code and transmit an encrypted message to the control module 
to determine key validity and engine start by sending a separate 
encrypted message to the BCM and the PCM. The powertrain will function 
only if the key code matches the unique identification key code 
previously programmed into the BCM. If the codes do not match, the 
powertrain engine will be inoperable. Ford also expressed that any 
attempt to short the ``StartStop'' button will have no effect on a 
thief's ability to start the vehicle without the correct code being 
transmitted to the electronic control modules. Ford stated

[[Page 60244]]

that the two modules must be matched together in order for the vehicle 
to start. According to Ford, deactivation of the device occurs 
automatically each time the engine is started.
    Ford'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, Ford 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, Ford 
conducted tests based on its own specified standards. Ford provided a 
detailed list of the tests conducted and believes that the device is 
reliable and durable since the device complied with its own specified 
requirements for each test.
    Ford stated that incorporation of several features in the device 
further support the reliability and durability of the device. 
Specifically, some of those features include: Encrypted communication 
between the transponder, BCM control function and the PCM; virtually 
impossible key duplication; and shared security data between the body 
control module/remote function actuator and the powertrain control 
module. Additionally, Ford stated that its antitheft device has no 
moving parts (i.e., BCM, PCM, and electrical components) to perform 
system functions which eliminate the possibility for physical damage or 
deterioration from normal use; and mechanically overriding the device 
to start the vehicle is also impossible.
    Ford stated that its MY 2017 Lincoln MKC vehicle line will also be 
equipped with several other standard antitheft features common to Ford 
vehicles, (i.e., hood release located inside the vehicle, counterfeit 
resistant VIN labels, secondary VINs, and cabin accessibility only with 
the use of a valid key fob).
    Ford compared the device proposed for its vehicle line with other 
antitheft devices which NHTSA has determined to be as effective in 
reducing and deterring motor vehicle theft as would compliance with the 
parts-marking requirements. Ford stated that it believes that the 
standard installation of the IAwPB device would be an effective 
deterrent against vehicle theft.
    Ford further stated that its antitheft device was installed on all 
MY 1996 Ford Mustang GT and Cobra models as well as other selected 
models. Ford stated that on its 1997 models, the installation of its 
antitheft device was extended to the entire Ford Mustang vehicle line 
as standard equipment. Ford also stated that according to the National 
Insurance Crime Bureau (NICB) theft statistics, MY 1997 Mustangs 
installed with the SecuriLock device showed a 70% reduction in theft 
rate compared to its MY 1995 Mustangs without an antitheft device.
    Ford stated that the proposed antitheft device is very similar to 
the system that was offered in its MY 2016 Lincoln MKX vehicle line. 
The Lincoln MKX vehicle line was granted a parts-marking exemption on 
November 25, 2014 by NHTSA (See 79 FR 70276) beginning with its MY 2016 
vehicles. The agency notes that current theft rate data for MYs 2010 
through 2012 Lincoln MKX vehicle line are 0.5670, 0.4056 and 0.5841 
respectively.
    Ford also reported that beginning with MY 2010, its antitheft 
device was installed as standard equipment on all of its North American 
Ford, Lincoln and Mercury vehicles but was offered as optional 
equipment on its 2010 F-series Super Duty pickups, Econoline and 
Transit Connect vehicles. Ford further stated that beginning with MY 
2010, the IAwPB was installed as standard equipment on its Lincoln MKT 
vehicles and starting in MY 2011, offered as standard equipment on the 
Lincoln MKX and optionally on the Lincoln MKS, Ford Taurus, Edge, 
Explorer and the Focus vehicles. Beginning with MY 2013, the device was 
offered as standard equipment on the Lincoln MKZ and optionally on the 
Ford Fusion, C-Max and Escape vehicles.
    Ford referenced the agency's published theft rate data by calendar 
year for all vehicles and the Ford Escape for comparison purposes 
because it stated that the Lincoln MKC will use the IAwPB system that 
will be similar to the Ford Escape in design and architecture. Ford 
further stated that the Lincoln MKC is comparably similar to the Ford 
Escape in vehicle segment, size and equipment. Ford reported that the 
Escape's theft rate is lower than the vehicle theft rate for all 
vehicles in each of the last five calendar years for which published 
data is available. Specifically, the agency's data show that theft 
rates for the Ford Escape for MYs 2010-2012 are 0.7265, 0.6409, and 
0.8336 respectively. Using an average of the most current of three MYs 
data (2010-2012), the theft rate for the Ford Escape vehicle line is 
well below the median at 0.7336. Ford stated that with the installation 
of its IAwPB device as standard equipment, the Lincoln MKC will have a 
very low theft rate comparable to the theft rate of the Ford Escape 
vehicle line.
    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 Ford on the device, 
the agency believes that the antitheft device for the Lincoln MKC 
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).
    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 Ford has provided adequate reasons for its belief that the 
antitheft device for the Lincoln MKC 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 Ford 
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; 
attracting attention to the efforts of unauthorized persons to enter or 
operate 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 Ford's 
petition for exemption for the Lincoln MKC 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.

[[Page 60245]]

    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 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. 2015-25202 Filed 10-2-15; 8:45 am]
 BILLING CODE 4910-59-P



                                                                                Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices                                            60243

                                                    Annual Reporting and Recordkeeping                      (c) Ways to enhance the quality,                    marking requirements of the Theft
                                                  Burden:                                                 utility, and clarity of the information to            Prevention Standard for the Lincoln
                                                    Estimated number of responses:                        be collected; and                                     MKC vehicle line beginning with MY
                                                  2,702.                                                    (d) Ways to minimize the burden of                  2017. The petition requested exemption
                                                    Estimated annual burden hours:                        the collection of information on those                from parts-marking pursuant to 49 CFR
                                                  127,328.                                                who are to respond, including the use                 part 543, Exemption from Vehicle Theft
                                                    Frequency of Collection: On occasion.                 of appropriate automated, electronic,                 Prevention Standard, based on the
                                                    3. Title: Pipeline Safety: Integrity                  mechanical, or other technological                    installation of an antitheft device as
                                                  Management Program for Gas                              collection techniques.                                standard equipment for the entire
                                                  Distribution Pipelines.                                   Authority: The Paperwork Reduction Act              vehicle line.
                                                    OMB Control Number: 2137–0625.                        of 1995; 44 U.S.C. Chapter 35, as amended;               Under 49 CFR part 543.5(a), a
                                                    Current Expiration Date: 3/31/2016.                   and 49 CFR 1.48.                                      manufacturer may petition NHTSA to
                                                    Type of Request: Extension without                                                                          grant an exemption for one vehicle line
                                                                                                            Issued in Washington, DC, on September
                                                  change of a currently approved                          30, 2015, under authority delegated in 49             per model year. In its petition, Ford
                                                  collection.                                             CFR 1.97.                                             provided a detailed description and
                                                    Abstract: The Federal Pipeline Safety                 Linda Daugherty,                                      diagram of the identity, design, and
                                                  Regulations require operators of gas                    Deputy Associate Administrator for Field              location of the components of the
                                                  distribution pipelines to develop and                   Operations.                                           antitheft device for its Lincoln MKC
                                                  implement integrity management                          [FR Doc. 2015–25224 Filed 10–2–15; 8:45 am]
                                                                                                                                                                vehicle line. Ford stated that the
                                                  programs. The purpose of these                                                                                Lincoln MKC will be installed with its
                                                                                                          BILLING CODE 4910–60–P
                                                  programs is to enhance safety by                                                                              Intelligent Access with Push Button
                                                  identifying and reducing pipeline                                                                             Start (IAwPB) system as standard
                                                  integrity risks. The regulations require                DEPARTMENT OF TRANSPORTATION                          equipment on the entire vehicle line.
                                                  that operators maintain records                                                                               The IAwPB system is a passive,
                                                  demonstrating compliance with these                     National Highway Traffic Safety                       electronic engine immobilizer device
                                                  requirements.                                           Administration                                        that uses encrypted transponder
                                                    Affected Public: Operators of gas                                                                           technology. Key components of the
                                                  distribution pipeline systems.                          Petition for Exemption From the                       IAwPB device will include an
                                                    Annual Reporting and Recordkeeping                    Federal Motor Vehicle Theft Prevention                Intelligent Access electronic Push-
                                                  Burden:                                                 Standard; Ford Motor Company                          Button Start key fob, keyless ignition
                                                    Estimated number of responses:                                                                              system, body control module (BCM),
                                                                                                          AGENCY: National Highway Traffic
                                                  9,343.                                                                                                        powertrain control module (PCM) and a
                                                                                                          Safety Administration (NHTSA)
                                                    Estimated annual burden hours:                                                                              passive immobilizer. Ford further stated
                                                                                                          Department of Transportation (DOT).
                                                  865,178.                                                                                                      that its Lincoln MKC vehicle line will
                                                    Frequency of collection: On occasion.                 ACTION: Grant of petition for exemption.
                                                                                                                                                                be offered with a perimeter alarm
                                                    4. Title: Response Plans for Onshore                  SUMMARY:   This document grants in full               system as standard equipment. The
                                                  Oil Pipelines.                                          the Ford Motor Company’s (Ford)                       perimeter alarm system will activate a
                                                    OMB Control Number: 2137–0589.                        petition for an exemption of the MKC                  visible and audible alarm whenever
                                                    Current Expiration Date: 3/31/2016.                   vehicle line in accordance with 49 CFR                unauthorized access is attempted.
                                                    Type of Request: Revision of a                        part 543, Exemption from Vehicle Theft                   Ford stated that the device’s
                                                  currently approved information                          Prevention Standard. This petition is                 integration of the transponder into the
                                                  collection.                                             granted because the agency has                        normal operation of the ignition key
                                                    Abstract: The Oil Pipeline Response                   determined that the antitheft device to               assures activation of the system. Ford
                                                  Plan regulations in 49 CFR part 194                     be placed on the line as standard                     also stated that the MKC vehicle line’s
                                                  require an operator of an onshore oil                   equipment is likely to be as effective in             electronic key will be programmed into
                                                  pipeline facility to prepare and submit                 reducing and deterring motor vehicle                  the vehicle during system initialization
                                                  an oil spill response plan to PHMSA for                 theft as compliance with the parts-                   at the manufacturing plant. Ford further
                                                  review and approval. This revision only                 marking requirements of the 49 CFR                    stated that the vehicle engine can only
                                                  updates the number of respondents to                                                                          be started when the key is present in the
                                                                                                          part 541, Federal Motor Vehicle Theft
                                                  accurately reflect the current usage of                                                                       vehicle and the ‘‘StartStop’’ button
                                                                                                          Prevention Standard (Theft Prevention
                                                  this collection.                                                                                              inside the vehicle is pressed. Ford
                                                                                                          Standard). Ford also requested
                                                    Affected Public: Operators of onshore                                                                       stated that when the ‘‘StartStop’’ button
                                                                                                          confidential treatment for specific
                                                  oil pipeline facilities                                                                                       is pressed, the transceiver module will
                                                                                                          information in its petition that the
                                                    Estimated number of responses: 434.                                                                         read a key code and transmit an
                                                                                                          agency will address by separate letter.
                                                    Estimated annual burden hours:                                                                              encrypted message to the control
                                                  59,458.                                                 DATES: The exemption granted by this                  module to determine key validity and
                                                    Frequency of collection: On occasion.                 notice is effective beginning with the                engine start by sending a separate
                                                    Comments are invited on:                              2017 model year (MY).                                 encrypted message to the BCM and the
                                                    (a) The need for the renewal and                      FOR FURTHER INFORMATION CONTACT: Ms.                  PCM. The powertrain will function only
                                                  revision of these collections of                        Deborah Mazyck, Office of International               if the key code matches the unique
                                                  information for the proper performance                  Policy, Fuel Economy and Consumer                     identification key code previously
                                                                                                          Programs, NHTSA, W43–443, 1200 New
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                                                  of the functions of the agency, including                                                                     programmed into the BCM. If the codes
                                                  whether the information will have                       Jersey Avenue SE., Washington, DC                     do not match, the powertrain engine
                                                  practical utility;                                      20590. Ms. Mazyck’s phone number is                   will be inoperable. Ford also expressed
                                                    (b) The accuracy of the agency’s                      (202) 366–4139. Her fax number is (202)               that any attempt to short the ‘‘StartStop’’
                                                  estimate of the burden of the proposed                  493–2990.                                             button will have no effect on a thief’s
                                                  collection of information, including the                SUPPLEMENTARY INFORMATION: In a                       ability to start the vehicle without the
                                                  validity of the methodology and                         petition dated June 25, 2015, Ford                    correct code being transmitted to the
                                                  assumptions used;                                       requested an exemption from the parts-                electronic control modules. Ford stated


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                                                  60244                         Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices

                                                  that the two modules must be matched                    vehicle line as standard equipment.                      The agency agrees that the device is
                                                  together in order for the vehicle to start.             Ford also stated that according to the                substantially similar to devices installed
                                                  According to Ford, deactivation of the                  National Insurance Crime Bureau                       on other vehicle lines for which the
                                                  device occurs automatically each time                   (NICB) theft statistics, MY 1997                      agency has already granted exemptions.
                                                  the engine is started.                                  Mustangs installed with the SecuriLock                   Based on the supporting evidence
                                                     Ford’s submission is considered a                    device showed a 70% reduction in theft                submitted by Ford on the device, the
                                                  complete petition as required by 49 CFR                 rate compared to its MY 1995 Mustangs                 agency believes that the antitheft device
                                                  543.7, in that it meets the general                     without an antitheft device.                          for the Lincoln MKC vehicle line is
                                                  requirements contained in § 543.5 and                     Ford stated that the proposed antitheft             likely to be as effective in reducing and
                                                  the specific content requirements of                    device is very similar to the system that             deterring motor vehicle theft as
                                                  § 543.6.                                                was offered in its MY 2016 Lincoln                    compliance with the parts-marking
                                                     In addressing the specific content                   MKX vehicle line. The Lincoln MKX                     requirements of the Theft Prevention
                                                  requirements of 543.6, Ford provided                    vehicle line was granted a parts-marking              Standard (49 CFR part 541).
                                                  information on the reliability and                      exemption on November 25, 2014 by                        Pursuant to 49 U.S.C. 33106 and 49
                                                  durability of its proposed device. To                   NHTSA (See 79 FR 70276) beginning                     CFR 543.7 (b), the agency grants a
                                                  ensure reliability and durability of the                with its MY 2016 vehicles. The agency                 petition for exemption from the parts-
                                                  device, Ford conducted tests based on                   notes that current theft rate data for MYs            marking requirements of Part 541 either
                                                  its own specified standards. Ford                       2010 through 2012 Lincoln MKX                         in whole or in part, if it determines that,
                                                  provided a detailed list of the tests                   vehicle line are 0.5670, 0.4056 and                   based upon substantial evidence, the
                                                  conducted and believes that the device                  0.5841 respectively.                                  standard equipment antitheft device is
                                                  is reliable and durable since the device                                                                      likely to be as effective in reducing and
                                                                                                            Ford also reported that beginning
                                                  complied with its own specified                                                                               deterring motor vehicle theft as
                                                                                                          with MY 2010, its antitheft device was
                                                  requirements for each test.                                                                                   compliance with the parts-marking
                                                     Ford stated that incorporation of                    installed as standard equipment on all
                                                                                                          of its North American Ford, Lincoln and               requirements of Part 541. The agency
                                                  several features in the device further
                                                                                                          Mercury vehicles but was offered as                   finds that Ford has provided adequate
                                                  support the reliability and durability of
                                                  the device. Specifically, some of those                 optional equipment on its 2010 F-series               reasons for its belief that the antitheft
                                                  features include: Encrypted                             Super Duty pickups, Econoline and                     device for the Lincoln MKC vehicle line
                                                  communication between the                               Transit Connect vehicles. Ford further                is likely to be as effective in reducing
                                                  transponder, BCM control function and                   stated that beginning with MY 2010, the               and deterring motor vehicle theft as
                                                  the PCM; virtually impossible key                       IAwPB was installed as standard                       compliance with the parts-marking
                                                  duplication; and shared security data                   equipment on its Lincoln MKT vehicles                 requirements of the Theft Prevention
                                                  between the body control module/                        and starting in MY 2011, offered as                   Standard (49 CFR part 541). This
                                                  remote function actuator and the                        standard equipment on the Lincoln                     conclusion is based on the information
                                                  powertrain control module.                              MKX and optionally on the Lincoln                     Ford provided about its device.
                                                  Additionally, Ford stated that its                      MKS, Ford Taurus, Edge, Explorer and                     The agency concludes that the device
                                                  antitheft device has no moving parts                    the Focus vehicles. Beginning with MY                 will provide the five types of
                                                  (i.e., BCM, PCM, and electrical                         2013, the device was offered as standard              performance listed in § 543.6(a)(3):
                                                  components) to perform system                           equipment on the Lincoln MKZ and                      Promoting activation; attracting
                                                  functions which eliminate the                           optionally on the Ford Fusion, C-Max                  attention to the efforts of unauthorized
                                                  possibility for physical damage or                      and Escape vehicles.                                  persons to enter or operate a vehicle by
                                                  deterioration from normal use; and                        Ford referenced the agency’s                        means other than a key; preventing
                                                  mechanically overriding the device to                   published theft rate data by calendar                 defeat or circumvention of the device by
                                                  start the vehicle is also impossible.                   year for all vehicles and the Ford Escape             unauthorized persons; preventing
                                                     Ford stated that its MY 2017 Lincoln                 for comparison purposes because it                    operation of the vehicle by
                                                  MKC vehicle line will also be equipped                  stated that the Lincoln MKC will use the              unauthorized entrants; and ensuring the
                                                  with several other standard antitheft                   IAwPB system that will be similar to the              reliability and durability of the device.
                                                  features common to Ford vehicles, (i.e.,                Ford Escape in design and architecture.                  For the foregoing reasons, the agency
                                                  hood release located inside the vehicle,                Ford further stated that the Lincoln                  hereby grants in full Ford’s petition for
                                                  counterfeit resistant VIN labels,                       MKC is comparably similar to the Ford                 exemption for the Lincoln MKC vehicle
                                                  secondary VINs, and cabin accessibility                 Escape in vehicle segment, size and                   line from the parts-marking
                                                  only with the use of a valid key fob).                  equipment. Ford reported that the                     requirements of 49 CFR part 541. The
                                                     Ford compared the device proposed                    Escape’s theft rate is lower than the                 agency notes that 49 CFR part 541,
                                                  for its vehicle line with other antitheft               vehicle theft rate for all vehicles in each           Appendix A–1, identifies those lines
                                                  devices which NHTSA has determined                      of the last five calendar years for which             that are exempted from the Theft
                                                  to be as effective in reducing and                      published data is available. Specifically,            Prevention Standard for a given model
                                                  deterring motor vehicle theft as would                  the agency’s data show that theft rates               year. 49 CFR part 543.7(f) contains
                                                  compliance with the parts-marking                       for the Ford Escape for MYs 2010–2012                 publication requirements incident to the
                                                  requirements. Ford stated that it                       are 0.7265, 0.6409, and 0.8336                        disposition of all Part 543 petitions.
                                                  believes that the standard installation of              respectively. Using an average of the                 Advanced listing, including the release
                                                  the IAwPB device would be an effective                  most current of three MYs data (2010–                 of future product nameplates, the
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                                                  deterrent against vehicle theft.                        2012), the theft rate for the Ford Escape             beginning model year for which the
                                                     Ford further stated that its antitheft               vehicle line is well below the median at              petition is granted and a general
                                                  device was installed on all MY 1996                     0.7336. Ford stated that with the                     description of the antitheft device is
                                                  Ford Mustang GT and Cobra models as                     installation of its IAwPB device as                   necessary in order to notify law
                                                  well as other selected models. Ford                     standard equipment, the Lincoln MKC                   enforcement agencies of new vehicle
                                                  stated that on its 1997 models, the                     will have a very low theft rate                       lines exempted from the parts-marking
                                                  installation of its antitheft device was                comparable to the theft rate of the Ford              requirements of the Theft Prevention
                                                  extended to the entire Ford Mustang                     Escape vehicle line.                                  Standard.


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                                                                                Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices                                                 60245

                                                    If Ford decides not to use the                        with the antitheft device on which the                many such changes could be de
                                                  exemption for this line, it must formally               line’s exemption is based. Further, Part              minimis. Therefore, NHTSA suggests
                                                  notify the agency. If such a decision is                543.9(c)(2) provides for the submission               that if the manufacturer contemplates
                                                  made, the line must be fully marked                     of petitions ‘‘to modify an exemption to              making any changes, the effects of
                                                  according to the requirements under 49                  permit the use of an antitheft device                 which might be characterized as de
                                                  CFR parts 541.5 and 541.6 (marking of                   similar to but differing from the one                 minimis, it should consult the agency
                                                  major component parts and replacement                   specified in that exemption.’’                        before preparing and submitting a
                                                  parts).                                                    The agency wishes to minimize the                  petition to modify.
                                                    NHTSA notes that if Ford wishes in                    administrative burden that Part
                                                  the future to modify the device on                      543.9(c)(2) could place on exempted                   Under authority delegated in 49 CFR
                                                  which this exemption is based, the                      vehicle manufacturers and itself. The                 part 1.95.
                                                  company may have to submit a petition                   agency did not intend in drafting Part
                                                                                                                                                                Raymond R. Posten,
                                                  to modify the exemption. Part 543.7(d)                  543 to require the submission of a
                                                  states that a Part 543 exemption applies                modification petition for every change                Associate Administrator for Rulemaking.
                                                  only to vehicles that belong to a line                  to the components or design of an                     [FR Doc. 2015–25202 Filed 10–2–15; 8:45 am]
                                                  exempted under this part and equipped                   antitheft device. The significance of                 BILLING CODE 4910–59–P
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Document Created: 2015-12-15 08:53:16
Document Modified: 2015-12-15 08:53:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of petition for exemption.
DatesThe exemption granted by this notice is effective beginning with the 2017 model year (MY).
ContactMs. Deborah Mazyck, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, W43- 443, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's phone number is (202) 366-4139. Her fax number is (202) 493-2990.
FR Citation80 FR 60243 

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