80 FR 76615 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Jaguar Land Rover North America LLC
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 236 (December 9, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 236 (December 9, 2015)
| Page Range | 76615-76617 | |
| FR Document | 2015-30930 |
[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)] [Notices] [Pages 76615-76617] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30930] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Jaguar Land Rover North America LLC AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition for exemption. ----------------------------------------------------------------------- SUMMARY: This document grants in full the Jaguar Land Rover North America LLC's, (Jaguar Land Rover) petition for an exemption of the Jaguar XE vehicle line in accordance with 49 CFR part 543, Exemption from Vehicle Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of 49 CFR part 541, Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard). DATES: The exemption granted by this notice is effective beginning with the 2017 model year (MY). FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, W43- 439, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Ballard's phone number is (202) 366-5222. Her fax number is (202) 493-2990. SUPPLEMENTARY INFORMATION: In a petition dated October 9, 2015, Jaguar Land Rover requested an exemption from the parts-marking requirements of the Theft Prevention Standard for the Jaguar XE vehicle line beginning with MY 2017. The petition requested an exemption from parts- marking pursuant to 49 CFR part 543, Exemption from Vehicle Theft Prevention Standard, based on the installation of an antitheft device as standard equipment for the entire vehicle line. Under 49 CFR part 543.5(a), a manufacturer may petition NHTSA to grant an exemption for one vehicle line per model year. In its petition, Jaguar Land Rover provided a detailed description and diagram of the identity, design, and location of the components of the antitheft device for the Jaguar XE vehicle line. Jaguar Land Rover stated that the MY 2017 Jaguar XE vehicle line will be equipped with a passive, transponder based, electronic engine immobilizer antitheft device as standard equipment. Key components of its antitheft device will include a power train control module (PCM), instrument cluster, body control module (BCM), remote frequency receiver (RFR), remote frequency actuator (RFA), immobilizer antenna unit (IAU), Smart Key, and door control units (DCU). Jaguar Land Rover stated that its antitheft device will also be installed with an audible and visual perimeter alarm system as standard equipment. If unauthorized entry is attempted by opening the vehicle's hood, trunk or doors, the alarm will sound and the vehicle's exterior lights will flash. Jaguar Land Rover also stated that the perimeter alarm system can be armed either with the Smart Key or programmed to be passively armed. Jaguar Land Rover's submission is considered a complete petition as required by 49 CFR 543.7, in that it meets the general requirements contained in Sec. 543.5 and the specific content requirements of Sec. 543.6. The immobilizer device is automatically activated when the Smart Key is removed from the vehicle. Deactivation occurs once the driver approaches the vehicle by pulling on the driver's door handle or using the Smart Key unlock button to unlock the doors. Jaguar Land Rover stated that the Smart Key is programmed and synchronized to the vehicle through the means of a unique identification key code and a randomly generated secret code that is unique to each vehicle. In addressing the specific content requirements of Sec. 543.6, Jaguar Land Rover provided information on the reliability and durability of its proposed device. To ensure reliability and durability of the device, Jaguar Land Rover conducted tests based on its own specified standards. Jaguar Land Rover provided a detailed list of the tests conducted (i.e., temperature and humidity cycling, high and low temperature cycling, mechanical shock, random vibration, thermal stress/shock tests, material resistance tests, dry heat, dust and fluid ingress tests). Jaguar Land Rover stated that it believes that its device is reliable and durable because it has complied with specified requirements for each test. Jaguar Land Rover stated that reliability and durability of its device is further supported by equipping its vehicles with a key recognition sequence that has over a billion code combinations with encrypted data that are secure against duplication. Jaguar Land Rover stated that the coded data transfer between the modules that will be installed on its XE vehicles use a unique, secure identifier, a random number and a secure public algorithm. Jaguar Land Rover further [[Page 76616]] stated that since the Jaguar XE vehicle line will utilize a push button vehicle ignition, it does not have a conventional mechanical key barrel which would allow for forcible bypass of the key-locking system. Jaguar Land Rover stated that there will be three methods of system operation for its XE vehicle line. Specifically, operation of the engine is accomplished when either the Smart Key is automatically detected by the vehicle, the vehicle is unlocked using the Smart Key unlock button or by using the emergency key blade. Jaguar Land Rover stated that automatic detection of the Smart key method occurs when authentication of the correct Smart Key via a low frequency to remote frequency challenge response sequence occurs after the driver/operator approaches the vehicle, pulls the driver's door handle, and unlocks the doors. When the driver presses the ignition start button, a search begins to find and authenticate the Smart Key within the vehicle interior. Jaguar Land Rover stated that if this is successful, the information is passed through a coded data transfer to the BCM via the RFA. Then, the BCM will pass the valid key status to the instrument cluster, send the ``key valid'' message to the PCM, initiate a coded data transfer and authorize the engine to start. Method two of unlocking the vehicle with the Smart Key unlock button occurs when the driver approaches the vehicle; presses the Smart Key unlock button and unlocks the doors. Jaguar Land Rover stated that once the driver presses the ignition start button, the operation process is the same as method one. Jaguar Land Rover stated that if the Smart Key has a discharged or damaged battery, the driver/operator can use method three of removing an emergency key blade from the Smart Key to unlock the doors. After using this method, once the driver presses the ignition start button, a search begins to find and authenticate the Smart Key within the vehicle interior. If this is unsuccessful, the Smart Key needs to be docked under the foot well lamp on the driver's side knee bolster. Once the Smart Key is placed in the correct position and the ignition start button is pressed again, the BCM and Smart Key enter a coded data exchange via the immobilizer antenna unit. The BCM passes the valid key status to the instrument cluster, via a code data transfer, and then the BCM sends the ``key valid'' message to the PCM initiating a coded data transfer. If successful, the engine will start the vehicle. Jaguar Land Rover stated that the Jaguar XE is a new vehicle line and therefore theft rate data is not available. Jaguar Land Rover further stated that its immobilizer antitheft device is substantially similar to the antitheft device installed on the Jaguar XF-Type, Land Rover Discovery Sport, Jaguar F-Type, Jaguar XJ, and the Land Rover Range Rover Evoque vehicle lines which have all been granted parts- marking exemptions by the agency. Jaguar Land Rover stated that based on MY 2012 theft information published by NHTSA, the Jaguar Land Rover vehicles equipped with immobilizers had a combined theft rate of 0.81 per thousand vehicles, which is below NHTSA's overall theft rate of 1.13 thefts per thousand vehicles. Using an average of 3 MYs data (2011-2013), NHTSA's theft rates for the Jaguar XF-Type, Jaguar XJ and the Land Rover Range Rover Evoque are 0.7237, 1.1466 and 0.4495 respectfully. Theft data for the Jaguar F-Type and the Land Rover Discovery Sport is not available. Jaguar Land Rover believes these low theft rates demonstrate the effectiveness of the immobilizer device. Additionally, Jaguar Land Rover notes a Highway Loss Data Institute news release (July 19, 2000) showing approximately a 50% reduction in theft for vehicles installed with an immobilizer device. The agency agrees that the device is substantially similar to devices installed on other vehicle lines for which the agency has already granted exemptions Based on the supporting evidence submitted by Jaguar Land Rover on its device, the agency believes that the antitheft device for the Jaguar XE vehicle line is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR 541). The agency concludes that the device will provide the five types of performance listed in Sec. 543.6(a)(3): Promoting activation; attract attention to the efforts of an unauthorized person to enter or move a vehicle by means other than a key; preventing defeat or circumvention of the device by unauthorized persons; preventing operation of the vehicle by unauthorized entrants; and ensuring the reliability and durability of the device. Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7 (b), the agency grants a petition for exemption from the parts-marking requirements of Part 541 either in whole or in part, if it determines that, based upon substantial evidence, the standard equipment antitheft device is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of Part 541. The agency finds that Jaguar Land Rover has provided adequate reasons for its belief that the antitheft device for the Jaguar XE vehicle line is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR part 541). This conclusion is based on the information Jaguar Land Rover provided about its device. For the foregoing reasons, the agency hereby grants in full Jaguar Land Rover's petition for exemption for the Jaguar XE vehicle line from the parts-marking requirements of 49 CFR part 541. The agency notes that 49 CFR part 541, Appendix A-1, identifies those lines that are exempted from the Theft Prevention Standard for a given model year. 49 CFR part 543.7(f) contains publication requirements incident to the disposition of all Part 543 petitions. Advanced listing, including the release of future product nameplates, the beginning model year for which the petition is granted and a general description of the antitheft device is necessary in order to notify law enforcement agencies of new vehicle lines exempted from the parts-marking requirements of the Theft Prevention Standard. If Jaguar Land Rover decides not to use the exemption for this line, it must formally notify the agency. If such a decision is made, the line must be fully marked according to the requirements under 49 CFR parts 541.5 and 541.6 (marking of major component parts and replacement parts). NHTSA notes that if Jaguar Land Rover wishes in the future to modify the device on which this exemption is based, the company may have to submit a petition to modify the exemption. Part 543.7(d) states that a Part 543 exemption applies only to vehicles that belong to a line exempted under this part and equipped with the antitheft device on which the line's exemption is based. Further, Part 543.9(c)(2) provides for the submission of petitions ``to modify an exemption to permit the use of an antitheft device similar to but differing from the one specified in that exemption.'' The agency wishes to minimize the administrative burden that Part 543.9(c)(2) could place on exempted vehicle manufacturers and itself. The agency did not intend in drafting Part 543 to require the submission of a modification petition for every change to the components or design of an antitheft device. The significance of many such changes could be de minimis. Therefore, NHTSA suggests that if the manufacturer contemplates making any changes, the effects of which might be characterized as de [[Page 76617]] minimis, it should consult the agency before preparing and submitting a petition to modify. Issued in Washington, DC under authority delegated in 49 CFR 1.95. Raymond R. Posten, Associate Administrator for Rulemaking. [FR Doc. 2015-30930 Filed 12-8-15; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices 76615
would not be independently reported on DEPARTMENT OF TRANSPORTATION equipment. Key components of its
in any reports resulting from this antitheft device will include a power
project. National Highway Traffic Safety train control module (PCM), instrument
Administration cluster, body control module (BCM),
Estimate of the Total Annual
remote frequency receiver (RFR), remote
Reporting and Record Keeping Burden Petition for Exemption From the frequency actuator (RFA), immobilizer
Resulting from the Collection of Federal Motor Vehicle Theft Prevention antenna unit (IAU), Smart Key, and door
Information—NHTSA estimates that the Standard; Jaguar Land Rover North control units (DCU). Jaguar Land Rover
total time for each respondent to America LLC stated that its antitheft device will also
participate in the data collection effort be installed with an audible and visual
AGENCY: National Highway Traffic
would either be 5 minutes or 15 minutes perimeter alarm system as standard
Safety Administration (NHTSA),
depending on eligibility and desire to Department of Transportation (DOT). equipment. If unauthorized entry is
participate. NHTSA estimates a 50% attempted by opening the vehicle’s
ACTION: Grant of petition for exemption.
response rate, in which case 9,600 hood, trunk or doors, the alarm will
potential participants would to be SUMMARY: This document grants in full sound and the vehicle’s exterior lights
administered the recruitment the Jaguar Land Rover North America will flash. Jaguar Land Rover also stated
questionnaire in order to find 4,800 LLC’s, (Jaguar Land Rover) petition for that the perimeter alarm system can be
eligible volunteers to complete the an exemption of the Jaguar XE vehicle armed either with the Smart Key or
awareness survey questionnaire. The line in accordance with 49 CFR part programmed to be passively armed.
total burden for the participants that 543, Exemption from Vehicle Theft Jaguar Land Rover’s submission is
would only complete the recruitment Prevention Standard. This petition is considered a complete petition as
questionnaire would be 400 hours (i.e., granted because the agency has required by 49 CFR 543.7, in that it
5 minutes × 4,800). The total burden for determined that the antitheft device to meets the general requirements
be placed on the line as standard contained in § 543.5 and the specific
the participants that would complete
equipment is likely to be as effective in content requirements of § 543.6.
the recruitment questionnaire and the The immobilizer device is
reducing and deterring motor vehicle
awareness survey questionnaire would automatically activated when the Smart
theft as compliance with the parts-
be 1,200 hours (i.e., 15 minutes × 4,800). Key is removed from the vehicle.
marking requirements of 49 CFR part
The total burden for all participants 541, Federal Motor Vehicle Theft Deactivation occurs once the driver
would be 1,600 hours (i.e., 400 + 1,200). Prevention Standard (Theft Prevention approaches the vehicle by pulling on
Because participants would be sampled Standard). the driver’s door handle or using the
from Department of Motor Vehicles Smart Key unlock button to unlock the
DATES: The exemption granted by this
Offices while they are waiting for doors. Jaguar Land Rover stated that the
notice is effective beginning with the
service, participation would not include Smart Key is programmed and
2017 model year (MY).
any participant reporting cost, record synchronized to the vehicle through the
FOR FURTHER INFORMATION CONTACT: Ms. means of a unique identification key
keeping cost, or record keeping burden.
Carlita Ballard, Office of International code and a randomly generated secret
Comments are invited on the Policy, Fuel Economy and Consumer code that is unique to each vehicle.
following: Programs, NHTSA, W43–439, 1200 New In addressing the specific content
(i) Whether the proposed collection of Jersey Avenue SE., Washington, DC requirements of § 543.6, Jaguar Land
information is necessary for the proper 20590. Ms. Ballard’s phone number is Rover provided information on the
performance of the functions of the (202) 366–5222. Her fax number is (202) reliability and durability of its proposed
agency, including whether the 493–2990. device. To ensure reliability and
information will have practical utility; SUPPLEMENTARY INFORMATION: In a durability of the device, Jaguar Land
petition dated October 9, 2015, Jaguar Rover conducted tests based on its own
(ii) the accuracy of the agency’s
Land Rover requested an exemption specified standards. Jaguar Land Rover
estimate of the burden of the proposed
from the parts-marking requirements of provided a detailed list of the tests
information collection; the Theft Prevention Standard for the conducted (i.e., temperature and
(iii) ways to enhance the quality, Jaguar XE vehicle line beginning with humidity cycling, high and low
utility, and clarity of the information to MY 2017. The petition requested an temperature cycling, mechanical shock,
be collected; and exemption from parts-marking pursuant random vibration, thermal stress/shock
(iv) ways to minimize the burden of to 49 CFR part 543, Exemption from tests, material resistance tests, dry heat,
the collection of information on Vehicle Theft Prevention Standard, dust and fluid ingress tests). Jaguar Land
respondents, including the use of based on the installation of an antitheft Rover stated that it believes that its
automated collection techniques or device as standard equipment for the device is reliable and durable because it
entire vehicle line. has complied with specified
other forms of information technology.
Under 49 CFR part 543.5(a), a requirements for each test. Jaguar Land
Authority: 44 U.S.C. Section 3506(c)(2)(A). manufacturer may petition NHTSA to Rover stated that reliability and
Issued on: December 4, 2015. grant an exemption for one vehicle line durability of its device is further
per model year. In its petition, Jaguar supported by equipping its vehicles
Jeff Michael,
Land Rover provided a detailed with a key recognition sequence that has
Associate Administrator, Research and
mstockstill on DSK4VPTVN1PROD with NOTICES
description and diagram of the identity, over a billion code combinations with
Program Development.
design, and location of the components encrypted data that are secure against
[FR Doc. 2015–30995 Filed 12–8–15; 8:45 am] of the antitheft device for the Jaguar XE duplication. Jaguar Land Rover stated
BILLING CODE 4910–59–P vehicle line. Jaguar Land Rover stated that the coded data transfer between the
that the MY 2017 Jaguar XE vehicle line modules that will be installed on its XE
will be equipped with a passive, vehicles use a unique, secure identifier,
transponder based, electronic engine a random number and a secure public
immobilizer antitheft device as standard algorithm. Jaguar Land Rover further
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![Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices 76617
minimis, it should consult the agency assistance (OFA) has been received, this Board decisions and notices are
before preparing and submitting a exemption will be effective on January available on our Web site at
petition to modify. 8, 2016, unless stayed pending ‘‘WWW.STB.DOT.GOV.’’
Issued in Washington, DC under authority reconsideration. Petitions to stay that do Decided: December 4, 2015.
delegated in 49 CFR 1.95. not involve environmental issues,1 By the Board, Rachel D. Campbell,
Raymond R. Posten, formal expressions of intent to file an Director, Office of Proceedings.
OFA under 49 CFR 1152.27(c)(2),2 and Brendetta S. Jones,
Associate Administrator for Rulemaking.
interim trail use/rail banking requests
[FR Doc. 2015–30930 Filed 12–8–15; 8:45 am] Clearance Clerk.
under 49 CFR 1152.29 must be filed by
BILLING CODE 4910–59–P [FR Doc. 2015–31006 Filed 12–8–15; 8:45 am]
December 21, 2015. Petitions to reopen
BILLING CODE 4915–01–P
or requests for public use conditions
under 49 CFR 1152.28 must be filed by
DEPARTMENT OF TRANSPORTATION
December 29, 2015, with the Surface
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001. [Docket Number: RITA–2008–0002]
[Docket No. AB 331 (Sub-No. 2X)] A copy of any petition filed with the
Board should be sent to Metro’s Office of the Assistant Secretary for
The Bi-State Development Agency of representative: James C. Hetlage, Lashly Research and Technology (OST–R);
the Missouri–Illinois Metropolitan & Baer, P.C., 714 Locust Street, St. Agency Information Collection
District—Abandonment Exemption—in Louis, MO 63101. Activity; Notice of Renewal To
the City of St. Louis, MO If the verified notice contains false or Continue To Collect Information:
misleading information, the exemption Confidential Close Call Reporting for a
The Bi-State Development Agency of
is void ab initio. Transit System
the Missouri–Illinois Metropolitan
Metro has filed a combined
District (Metro) has filed a verified AGENCY: Bureau of Transportation
environmental and historic report that
notice of exemption under 49 CFR part Statistics (BTS), Office of the Assistant
addresses the effects, if any, of the
1152 subpart F–Exempt Abandonments Secretary for Research Technology
abandonment on the environment and
to abandon 1.43 miles of rail line (OST–R), U.S. Department of
historic resources. OEA will issue an
extending from milepost 1.8 to milepost Transportation.
environmental assessment (EA) by
3.23 within the City of St. Louis, ACTION: Notice and request for
December 14, 2015. Interested persons
Missouri (the Line). The Line traverses comments.
may obtain a copy of the EA by writing
United States Postal Service Zip Codes
to OEA (Room 1100, Surface SUMMARY: In accordance with the
63110 and 63108.
Transportation Board, Washington, DC requirements of section 3506(c)(2)(A) of
Metro has certified that: (1) No local
20423–0001) or by calling OEA at (202) the Paperwork Reduction Act of 1995,
traffic has moved over the Line for at
245–0305. Assistance for the hearing this notice announces the intention of
least two years; (2) no overhead traffic
impaired is available through the the BTS to request the Office of
has moved over the Line for at least two
Federal Information Relay Service at Management and Budget (OMB) to
years, and if there were any overhead
(800) 877–8339. Comments on approve the continuation of the
traffic, it could be rerouted over other
environmental and historic preservation following information collection:
lines; (3) no formal complaint filed by
matters must be filed within 15 days Confidential Close Call Reporting for a
a user of rail service on the Line (or by
after the EA becomes available to the Transit System. This data collection
a state or local government entity acting
public. effort supports a multi-year program
on behalf of such user) regarding Environmental, historic preservation,
cessation of service over the line either focused on improving transit safety by
public use, or trail use/rail banking collecting and analyzing data and
is pending with the Surface conditions will be imposed, where
Transportation Board (Board) or with information on close calls and other
appropriate, in a subsequent decision. unsafe occurrences in the Washington
any U.S. District Court, or has been Pursuant to the provisions of 49 CFR
decided in favor of complainant within Metropolitan Area Transit Authority
1152.29(e)(2), Metro shall file a notice of (WMATA) system. The program is co-
the two-year period; and (4) the consummation with the Board to signify
requirements at 49 CFR 1105.7(c) sponsored by WMATA’s Office of the
that it has exercised the authority Deputy General Manager Operations
(environmental report), 49 CFR 1105.11 granted and fully abandoned the line. If
(transmittal letter), 49 CFR 1105.12 (DGMO) and the President/Business
consummation has not been effected by Agent of the Amalgamated Transit
(newspaper publication), and 49 CFR Metro’s filing of a notice of
1152.50(d)(1) (notice to governmental Union (ATU) Local 689. It is designed
consummation by December 9, 2016, to identify safety issues and propose
agencies) have been met. and there are no legal or regulatory
As a condition to this exemption, any preventative safety actions based on
barriers to consummation, the authority voluntary reports of close calls
employee adversely affected by the to abandon will automatically expire.
abandonment shall be protected under submitted confidentially to the Bureau
Oregon Short Line Railroad— 1 The Board will grant a stay if an informed
of Transportation Statistics (BTS), U.S.
Abandonment Portion Goshen Branch decision on environmental issues (whether raised Department of Transportation. This
Between Firth & Ammon, in Bingham & by a party or by the Board’s Office of Environmental information collection is necessary to
Analysis (OEA) in its independent investigation) aid WMATA/ATU in systematically
mstockstill on DSK4VPTVN1PROD with NOTICES
Bonneville Counties, Idaho, 360 I.C.C.
cannot be made before the exemption’s effective collecting and analyzing data to identify
91 (1979). To address whether this date. See Exemption of Out-of-Serv. Rail Lines, 5
condition adequately protects affected I.C.C. 2d 377 (1989). Any request for a stay should root causes of potentially unsafe events.
employees, a petition for partial be filed as soon as possible so that the Board may DATES: Comments must be received by
revocation under 49 U.S.C. 10502(d) take appropriate action before the exemption’s January 8, 2016.
effective date.
must be filed. 2 Each OFA must be accompanied by the filing ADDRESSES: BTS seeks public comments
Provided no formal expression of fee, which is currently set at $1,600. See 49 CFR on its proposed continuation of
intent to file an offer of financial 1002.2(f)(25). information collection. Comments
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Document Created: 2015-12-14 13:32:34
Document Modified: 2015-12-14 13:32:34
| 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 2017 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 76615 |
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