81_FR_75397 81 FR 75188 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Fiat Chrysler Automobiles US LLC

81 FR 75188 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Fiat Chrysler Automobiles US LLC

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 209 (October 28, 2016)

Page Range75188-75190
FR Document2016-26072

This document grants in full the Fiat Chrysler Automobiles US LLC, (FCA) petition for exemption of the ``MP'' MPV 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). FCA also requested confidential treatment for specific information in its petition. While official notification granting or denying its request for confidential treatment will be addressed by separate letter, no confidential information provided for purposes of this notice has been disclosed.

Federal Register, Volume 81 Issue 209 (Friday, October 28, 2016)
[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Pages 75188-75190]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26072]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Fiat Chrysler Automobiles US 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 Fiat Chrysler Automobiles US 
LLC, (FCA) petition for exemption of the ``MP'' MPV 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). FCA also requested confidential treatment for specific 
information in its petition. While official notification granting or 
denying its request for confidential treatment will be addressed by 
separate letter, no confidential information provided for purposes of 
this notice has been disclosed.

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

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, International 
Policy, Fuel Economy and Consumer Programs, NHTSA, West Building, 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 June 1, 2016, FCA 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for its ``MP'' MPV 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, FCA provided a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device for its ``MP'' MPV line. FCA stated that its MY 2017 ``MP'' MPV 
line will be installed with the Sentry Key Immobilizer System (SKIS)/
MiniCrypt antitheft device as standard equipment on the entire vehicle 
line. The SKIS will provide passive vehicle protection by preventing 
the engine from operating unless a valid electronically encoded key is 
detected in the ignition system of the vehicle. Key components of the 
antitheft device will include an immobilizer, Radio Frequency Hub 
Module (RFHM), Engine Control Module (ECM), Body Controller

[[Page 75189]]

Module (BCM), the transponder key which performs the immobilizer 
function and an Instrument Panel Cluster (IPC) which contains the 
telltale function only. According to FCA, all of these components work 
collectively to perform the immobilizer function. FCA stated that the 
SKIS does not provide an audible alert, however, the vehicle will be 
equipped with a security indicator in the instrument panel cluster that 
will flash if an invalid transponder key is detected.
    FCA's submission is considered a complete petition as required by 
49 CFR 543.7 in that it meets the general requirements contained in 
543.5 and the specific content requirements of 543.6.
    In addressing the specific content requirements of 49 CFR part 
543.6, FCA provided information on the reliability and durability of 
the device. FCA conducted tests based on its own specified standards 
(i.e., voltage range and temperature range) and stated its belief that 
the device meets the stringent performance standards prescribed. 
Specifically, FCA stated that its device must demonstrate a minimum of 
95 percent reliability with 90 percent confidence. In addition to the 
design and validation test criteria, FCA stated that 100% of its 
systems undergo a series of three functional tests prior to being 
shipped from the supplier to the vehicle assembly plant for 
installation in the vehicles.
    FCA stated that the SKIS will be placed on its keyless entry and 
keyed vehicles. According to FCA, in its keyed vehicles, the SKIS 
immobilizer feature is activated when the key is removed from the 
ignition system (whether the doors are open or not). Specifically, the 
RFHM is paired with the IGNM that contains either a rotary ignition 
switch (keyed vehicles) or a START/STOP push button (keyless vehicles). 
FCA stated that the functions and features of the SKIS are all integral 
to the BCM in this vehicle. The RFHM contains a Radio Frequency (RF) 
transceiver and a microprocessor and it initiates the ignition process 
by communicating with the BCM through SKIS. The microprocessor-based 
SKIS hardware and software also uses electronic messages to communicate 
with other electronic modules in the vehicle.
    FCA also stated that, in its keyed vehicles, the SKIS uses RF 
communication to obtain confirmation that the transponder key is a 
valid key to operate the vehicle. The RFHM receives Low Frequency (LF) 
and/or RF signals from the Sentry Key transponder. For its keyed 
vehicles, the IGNM transmits an LF signal to excite the transponder in 
the key when the ignition switch is turned to the ON position. The IGNM 
waits for a signal response from the transponder and transmits the 
response to the RFHM. If the response identifies that the transponder 
key is invalid or if no response is received from the transponder key, 
the RFHM will send an invalid key message to the Engine Control Module, 
which will disable engine operation and immobilize the vehicle after 
two seconds of running.
    Only a valid key inserted into the ignition system will allow the 
vehicle to start and continue to run. FCA stated that, in its keyless 
vehicles, the RFHM is connected to a Keyless Ignition Node (KIN) with a 
START/STOP push button as an ignition switch. FCA stated that when the 
keyless START/STOP button is pressed, the RFHM transmits a signal to 
the transponder key through LF antennas to the RFHM. The RFHM then 
waits for a signal from the key FOB transponder. If the response from 
the transponder identifies the transponder key as invalid or the 
transponder key is not within the car's interior, the engine will be 
disabled and the vehicle will be immobilized after two seconds of 
running.
    To avoid any perceived delay when starting the vehicle with a valid 
transponder key and also to prevent unburned fuel from entering the 
exhaust, FCA stated that the engine is permitted to run for no more 
than two seconds if an invalid transponder key is used. Additionally, 
FCA stated that only six consecutive invalid vehicle start attempts 
will be permitted and that all other attempts will be locked out by 
preventing the fuel injectors from firing and the starter will be 
disabled.
    FCA stated that its vehicles are also equipped with a security 
indicator that acts as a diagnostic indicator. FCA stated that if the 
RFHM detects an invalid transponder key or if a transponder key related 
fault occurs, the security indicator will flash. If the RFHM detects a 
system malfunction or the SKIS becomes ineffective, the security 
indicator will stay on. The SKIS also performs a self-test each time 
the ignition system is turned to the RUN position and will store fault 
information in the form of a diagnostic trouble code in RFHM memory if 
a system malfunction is detected. FCA also stated that the vehicle is 
equipped with a Customer Learn transponder programming feature that 
when in use will cause the security indicator to flash.
    FCA stated that each ignition key used in the SKIS has an integral 
transponder chip included on the circuit board. Each transponder key 
has a unique transponder identification code that is permanently 
programmed into it by the manufacturer and must be programmed into the 
RFHM to be recognized by the SKIS as a valid key. FCA stated that once 
a Sentry Key has been programmed to a particular vehicle, it cannot be 
used on any other vehicle.
    FCA further stated that it expects the `MP' MPV vehicle line to 
mirror the lower theft rate results achieved by the Jeep Grand Cherokee 
vehicle line when ignition immobilizer systems were installed as 
standard equipment on the line. FCA stated that it has offered the SKIS 
immobilizer device as standard equipment on all Jeep Grand Cherokee 
vehicles since the 1999 model year. According to FCA, the average theft 
rate, based on NHTSA's theft rate data, for Jeep Grand Cherokee 
vehicles for the four model years prior to 1999 (1995-1998), when a 
vehicle immobilizer device was not installed as standard equipment, was 
5.3574 per one thousand vehicles produced and significantly higher than 
the 1990/1991 median theft rate of 3.5826. However, FCA also indicated 
that the average theft rate for the Jeep Grand Cherokee for the nine 
model years (1999-2009, excluding MY 2007 and 2009) after installation 
of the standard immobilizer device was 2.5704, which is significantly 
lower than the median. The Jeep Grand Cherokee vehicle line was granted 
an exemption from the parts-marking requirements beginning with MY 2004 
(67 FR 79687, December 30, 2002). FCA further exerts that NHTSA's theft 
data for the Jeep Grand Cherokee indicates that the inclusion of a 
standard immobilizer device resulted in a 52 percent net average 
reduction in vehicle thefts.
    Based on the evidence submitted by FCA, the agency believes that 
the antitheft device for the `MP' MPV 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 
41). The agency concludes that the device will provide four of the five 
types of performance listed in 49 CFR part 543.6(a)(3): promoting 
activation; preventing defeat or circumvention of the device by 
unauthorized persons; preventing operation of the vehicle by 
unauthorized entrants; and ensuring the reliability and durability of 
the device.
    Pursuant to 49 U.S.C. 33106 and 49 CFR part 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

[[Page 75190]]

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 FCA has 
provided adequate reasons for its belief that the antitheft device for 
the 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 FCA provided about its device.
    For the foregoing reasons, the agency hereby grants in full CFCA's 
petition for exemption for its `MP' MPV line from the parts-marking 
requirements of 49 CFR part 541, beginning with its `MP' MPV model year 
vehicles. 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. FCA 
stated that an official nameplate for the vehicle has not yet been 
determined. However, as a condition to the formal granting of FCA's 
petition for exemption from the parts-marking requirements of 49 CFR 
part 541 for the MY 2017 `MP' MPV line, the agency fully expects FCA to 
notify the agency of the nameplate for the vehicle line prior to its 
introduction into the United States commerce for sale.
    If FCA decides not to use the exemption for this vehicle line, it 
must formally notify the agency. If such a decision is made, the 
vehicle line must be fully marked as required by 49 CFR parts 541.5 and 
541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if FCA 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. 49 CFR 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 anti-theft device on 
which the line's exemption is based. Further, 49 CFR 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 49 CFR 
part 543.9(c)(2) could place on exempted vehicle manufacturers and 
itself. The agency did not intend in drafting part 543 to require the 
submission of a modification petition for every change to the 
components or design of an antitheft device. The significance of many 
such changes could be de minimis. Therefore, NHTSA suggests that if the 
manufacturer contemplates making any changes, the effects of which 
might be characterized as de minimis, it should consult the agency 
before preparing and submitting a petition to modify.

    Issued in Washington, DC under authority delegated in 49 CFR 
part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2016-26072 Filed 10-27-16; 8:45 am]
 BILLING CODE 4910-59-P



                                                  75188                         Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices

                                                    By Order of the Maritime Administrator.               seeing and sport fishing trips.                       (FCA) petition for exemption of the
                                                    Dated: October 18, 2016.                              Occasional day trips.                                 ‘‘MP’’ MPV line in accordance with 49
                                                  T. Mitchell Hudson, Jr.,                                   Geographic Region: ‘‘Oregon,                       CFR part 543, Exemption from Vehicle
                                                  Secretary, Maritime Administration.                     Washington State, California, and                     Theft Prevention Standard. This
                                                  [FR Doc. 2016–26036 Filed 10–27–16; 8:45 am]
                                                                                                          Alaska (excluding those waters in                     petition is granted because the agency
                                                                                                          Southeast Alaska that are north of a line             has determined that the antitheft device
                                                  BILLING CODE 4910–81–P
                                                                                                          between Gore Point and Cape Suckling,                 to be placed on the line as standard
                                                                                                          including the North Gulf Coast and                    equipment is likely to be as effective in
                                                  DEPARTMENT OF TRANSPORTATION                            Prince William Sound).’’                              reducing and deterring motor vehicle
                                                                                                             The complete application is given in               theft as compliance with the parts-
                                                  Maritime Administration                                 DOT docket MARAD–2016–0107 at                         marking requirements of 49 CFR part
                                                                                                          http://www.regulations.gov. Interested                541, Federal Motor Vehicle Theft
                                                  [Docket No. MARAD–2016 0107]                            parties may comment on the effect this                Prevention Standard. (Theft Prevention
                                                  Requested Administrative Waiver of                      action may have on U.S. vessel builders               Standard). FCA also requested
                                                  the Coastwise Trade Laws: Vessel                        or businesses in the U.S. that use U.S.-              confidential treatment for specific
                                                  QUIET CHAOS; Invitation for Public                      flag vessels. If MARAD determines, in                 information in its petition. While
                                                  Comments                                                accordance with 46 U.S.C. 12121 and                   official notification granting or denying
                                                                                                          MARAD’s regulations at 46 CFR part                    its request for confidential treatment
                                                  AGENCY: Maritime Administration,                        388, that the issuance of the waiver will             will be addressed by separate letter, no
                                                  Department of Transportation.                           have an unduly adverse effect on a U.S.-              confidential information provided for
                                                  ACTION: Notice.                                         vessel builder or a business that uses                purposes of this notice has been
                                                                                                          U.S.-flag vessels in that business, a                 disclosed.
                                                  SUMMARY:   As authorized by 46 U.S.C.                   waiver will not be granted. Comments                  DATES: The exemption granted by this
                                                  12121, the Secretary of Transportation,                 should refer to the docket number of                  notice is effective beginning with 2017
                                                  as represented by the Maritime                          this notice and the vessel name in order              model year (MY).
                                                  Administration (MARAD), is authorized                   for MARAD to properly consider the
                                                  to grant waivers of the U.S.-build                                                                            FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                          comments. Comments should also state                  Carlita Ballard, International Policy,
                                                  requirement of the coastwise laws under                 the commenter’s interest in the waiver
                                                  certain circumstances. A request for                                                                          Fuel Economy and Consumer Programs,
                                                                                                          application, and address the waiver                   NHTSA, West Building, W43–439, 1200
                                                  such a waiver has been received by                      criteria given in § 388.4 of MARAD’s
                                                  MARAD. The vessel, and a brief                                                                                New Jersey Avenue SE., Washington,
                                                                                                          regulations at 46 CFR part 388.                       DC 20590. Ms. Ballard’s phone number
                                                  description of the proposed service, is
                                                  listed below.                                           Privacy Act                                           is (202) 366–5222. Her fax number is
                                                                                                                                                                (202) 493–2990.
                                                  DATES: Submit comments on or before                       Anyone is able to search the
                                                                                                                                                                SUPPLEMENTARY INFORMATION: In a
                                                  November 28, 2016.                                      electronic form of all comments
                                                                                                          received into any of our dockets by the               petition dated June 1, 2016, FCA
                                                  ADDRESSES: Comments should refer to
                                                                                                          name of the individual submitting the                 requested an exemption from the parts-
                                                  docket number MARAD–2016–0107.
                                                                                                          comment (or signing the comment, if                   marking requirements of the Theft
                                                  Written comments may be submitted by
                                                                                                          submitted on behalf of an association,                Prevention Standard for its ‘‘MP’’ MPV
                                                  hand or by mail to the Docket Clerk,
                                                                                                          business, labor union, etc.). You may                 line beginning with MY 2017. The
                                                  U.S. Department of Transportation,
                                                                                                          review DOT’s complete Privacy Act                     petition requested an exemption from
                                                  Docket Operations, M–30, West
                                                                                                          Statement in the Federal Register                     parts-marking pursuant to 49 CFR part
                                                  Building Ground Floor, Room W12–140,
                                                                                                          published on April 11, 2000 (Volume                   543, Exemption from Vehicle Theft
                                                  1200 New Jersey Avenue SE.,
                                                                                                          65, Number 70; Pages 19477–78).                       Prevention Standard, based on the
                                                  Washington, DC 20590. You may also
                                                                                                                                                                installation of an antitheft device as
                                                  send comments electronically via the                      By Order of the Maritime Administrator.             standard equipment for the entire
                                                  Internet at http://www.regulations.gov.                   Dated: October 18, 2016.                            vehicle line.
                                                  All comments will become part of this                   T. Mitchell Hudson, Jr.,                                 Under 49 CFR part 543.5(a), a
                                                  docket and will be available for                                                                              manufacturer may petition NHTSA to
                                                                                                          Secretary, Maritime Administration.
                                                  inspection and copying at the above                                                                           grant an exemption for one vehicle line
                                                                                                          [FR Doc. 2016–26040 Filed 10–27–16; 8:45 am]
                                                  address between 10 a.m. and 5 p.m.,                                                                           per model year. In its petition, FCA
                                                                                                          BILLING CODE 4910–81–P
                                                  E.T., Monday through Friday, except                                                                           provided a detailed description and
                                                  federal holidays. An electronic version                                                                       diagram of the identity, design, and
                                                  of this document and all documents                                                                            location of the components of the
                                                                                                          DEPARTMENT OF TRANSPORTATION
                                                  entered into this docket is available on                                                                      antitheft device for its ‘‘MP’’ MPV line.
                                                  the World Wide Web at http://                           National Highway Traffic Safety                       FCA stated that its MY 2017 ‘‘MP’’ MPV
                                                  www.regulations.gov.                                    Administration                                        line will be installed with the Sentry
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              Key Immobilizer System (SKIS)/
                                                  Bianca Carr, U.S. Department of                         Petition for Exemption From the                       MiniCrypt antitheft device as standard
                                                  Transportation, Maritime                                Federal Motor Vehicle Theft Prevention                equipment on the entire vehicle line.
                                                  Administration, 1200 New Jersey                         Standard; Fiat Chrysler Automobiles                   The SKIS will provide passive vehicle
                                                  Avenue SE., Room W23–453,                               US LLC                                                protection by preventing the engine
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Washington, DC 20590. Telephone 202–                    AGENCY: National Highway Traffic                      from operating unless a valid
                                                  366–9309, Email Bianca.carr@dot.gov.                    Safety Administration (NHTSA),                        electronically encoded key is detected
                                                  SUPPLEMENTARY INFORMATION: As                           Department of Transportation (DOT).                   in the ignition system of the vehicle.
                                                  described by the applicant the intended                 ACTION: Grant of petition for exemption.              Key components of the antitheft device
                                                  service of the vessel QUIET CHAOS is:                                                                         will include an immobilizer, Radio
                                                     Intended Commercial Use of Vessel:                   SUMMARY:  This document grants in full                Frequency Hub Module (RFHM), Engine
                                                  Primarily overnight charter sighting                    the Fiat Chrysler Automobiles US LLC,                 Control Module (ECM), Body Controller


                                             VerDate Sep<11>2014   18:12 Oct 27, 2016   Jkt 241001   PO 00000   Frm 00163   Fmt 4703   Sfmt 4703   E:\FR\FM\28OCN1.SGM   28OCN1


                                                                                Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices                                           75189

                                                  Module (BCM), the transponder key                       ignition switch is turned to the ON                   a unique transponder identification
                                                  which performs the immobilizer                          position. The IGNM waits for a signal                 code that is permanently programmed
                                                  function and an Instrument Panel                        response from the transponder and                     into it by the manufacturer and must be
                                                  Cluster (IPC) which contains the telltale               transmits the response to the RFHM. If                programmed into the RFHM to be
                                                  function only. According to FCA, all of                 the response identifies that the                      recognized by the SKIS as a valid key.
                                                  these components work collectively to                   transponder key is invalid or if no                   FCA stated that once a Sentry Key has
                                                  perform the immobilizer function. FCA                   response is received from the                         been programmed to a particular
                                                  stated that the SKIS does not provide an                transponder key, the RFHM will send an                vehicle, it cannot be used on any other
                                                  audible alert, however, the vehicle will                invalid key message to the Engine                     vehicle.
                                                  be equipped with a security indicator in                Control Module, which will disable                       FCA further stated that it expects the
                                                  the instrument panel cluster that will                  engine operation and immobilize the                   ‘MP’ MPV vehicle line to mirror the
                                                  flash if an invalid transponder key is                  vehicle after two seconds of running.                 lower theft rate results achieved by the
                                                  detected.                                                  Only a valid key inserted into the                 Jeep Grand Cherokee vehicle line when
                                                     FCA’s submission is considered a                     ignition system will allow the vehicle to             ignition immobilizer systems were
                                                  complete petition as required by 49 CFR                 start and continue to run. FCA stated                 installed as standard equipment on the
                                                  543.7 in that it meets the general                      that, in its keyless vehicles, the RFHM               line. FCA stated that it has offered the
                                                  requirements contained in 543.5 and the                 is connected to a Keyless Ignition Node               SKIS immobilizer device as standard
                                                  specific content requirements of 543.6.                 (KIN) with a START/STOP push button                   equipment on all Jeep Grand Cherokee
                                                     In addressing the specific content                   as an ignition switch. FCA stated that                vehicles since the 1999 model year.
                                                  requirements of 49 CFR part 543.6, FCA                  when the keyless START/STOP button                    According to FCA, the average theft rate,
                                                  provided information on the reliability                 is pressed, the RFHM transmits a signal               based on NHTSA’s theft rate data, for
                                                  and durability of the device. FCA                       to the transponder key through LF                     Jeep Grand Cherokee vehicles for the
                                                  conducted tests based on its own                        antennas to the RFHM. The RFHM then                   four model years prior to 1999 (1995–
                                                  specified standards (i.e., voltage range                waits for a signal from the key FOB                   1998), when a vehicle immobilizer
                                                  and temperature range) and stated its                   transponder. If the response from the                 device was not installed as standard
                                                  belief that the device meets the stringent              transponder identifies the transponder                equipment, was 5.3574 per one
                                                  performance standards prescribed.                       key as invalid or the transponder key is              thousand vehicles produced and
                                                  Specifically, FCA stated that its device                not within the car’s interior, the engine             significantly higher than the 1990/1991
                                                  must demonstrate a minimum of 95                        will be disabled and the vehicle will be              median theft rate of 3.5826. However,
                                                  percent reliability with 90 percent                     immobilized after two seconds of                      FCA also indicated that the average theft
                                                  confidence. In addition to the design                   running.                                              rate for the Jeep Grand Cherokee for the
                                                  and validation test criteria, FCA stated                   To avoid any perceived delay when                  nine model years (1999–2009, excluding
                                                  that 100% of its systems undergo a                      starting the vehicle with a valid                     MY 2007 and 2009) after installation of
                                                  series of three functional tests prior to               transponder key and also to prevent                   the standard immobilizer device was
                                                  being shipped from the supplier to the                  unburned fuel from entering the                       2.5704, which is significantly lower
                                                  vehicle assembly plant for installation                 exhaust, FCA stated that the engine is                than the median. The Jeep Grand
                                                  in the vehicles.                                        permitted to run for no more than two                 Cherokee vehicle line was granted an
                                                     FCA stated that the SKIS will be                     seconds if an invalid transponder key is              exemption from the parts-marking
                                                  placed on its keyless entry and keyed                   used. Additionally, FCA stated that only              requirements beginning with MY 2004
                                                  vehicles. According to FCA, in its keyed                six consecutive invalid vehicle start                 (67 FR 79687, December 30, 2002). FCA
                                                  vehicles, the SKIS immobilizer feature                  attempts will be permitted and that all               further exerts that NHTSA’s theft data
                                                  is activated when the key is removed                    other attempts will be locked out by                  for the Jeep Grand Cherokee indicates
                                                  from the ignition system (whether the                   preventing the fuel injectors from firing             that the inclusion of a standard
                                                  doors are open or not). Specifically, the               and the starter will be disabled.                     immobilizer device resulted in a 52
                                                  RFHM is paired with the IGNM that                          FCA stated that its vehicles are also              percent net average reduction in vehicle
                                                  contains either a rotary ignition switch                equipped with a security indicator that               thefts.
                                                  (keyed vehicles) or a START/STOP                        acts as a diagnostic indicator. FCA                      Based on the evidence submitted by
                                                  push button (keyless vehicles). FCA                     stated that if the RFHM detects an                    FCA, the agency believes that the
                                                  stated that the functions and features of               invalid transponder key or if a                       antitheft device for the ‘MP’ MPV line
                                                  the SKIS are all integral to the BCM in                 transponder key related fault occurs, the             is likely to be as effective in reducing
                                                  this vehicle. The RFHM contains a                       security indicator will flash. If the                 and deterring motor vehicle theft as
                                                  Radio Frequency (RF) transceiver and a                  RFHM detects a system malfunction or                  compliance with the parts-marking
                                                  microprocessor and it initiates the                     the SKIS becomes ineffective, the                     requirements of the Theft Prevention
                                                  ignition process by communicating with                  security indicator will stay on. The SKIS             Standard (49 CFR 41). The agency
                                                  the BCM through SKIS. The                               also performs a self-test each time the               concludes that the device will provide
                                                  microprocessor-based SKIS hardware                      ignition system is turned to the RUN                  four of the five types of performance
                                                  and software also uses electronic                       position and will store fault information             listed in 49 CFR part 543.6(a)(3):
                                                  messages to communicate with other                      in the form of a diagnostic trouble code              promoting activation; preventing defeat
                                                  electronic modules in the vehicle.                      in RFHM memory if a system                            or circumvention of the device by
                                                     FCA also stated that, in its keyed                   malfunction is detected. FCA also stated              unauthorized persons; preventing
                                                  vehicles, the SKIS uses RF                              that the vehicle is equipped with a                   operation of the vehicle by
                                                  communication to obtain confirmation                    Customer Learn transponder                            unauthorized entrants; and ensuring the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  that the transponder key is a valid key                 programming feature that when in use                  reliability and durability of the device.
                                                  to operate the vehicle. The RFHM                        will cause the security indicator to                     Pursuant to 49 U.S.C. 33106 and 49
                                                  receives Low Frequency (LF) and/or RF                   flash.                                                CFR part 543.7(b), the agency grants a
                                                  signals from the Sentry Key                                FCA stated that each ignition key                  petition for exemption from the parts-
                                                  transponder. For its keyed vehicles, the                used in the SKIS has an integral                      marking requirements of part 541, either
                                                  IGNM transmits an LF signal to excite                   transponder chip included on the                      in whole or in part, if it determines that,
                                                  the transponder in the key when the                     circuit board. Each transponder key has               based upon substantial evidence, the


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                                                  75190                         Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices

                                                  standard equipment antitheft device is                  use of an antitheft device similar to but                • Hand Delivery: 1200 New Jersey
                                                  likely to be as effective in reducing and               differing from the one specified in that              Avenue SE., West Building Ground
                                                  deterring motor vehicle theft as                        exemption.’’                                          Floor, Room W12–140, Washington, DC,
                                                  compliance with the parts-marking                         The agency wishes to minimize the                   between 9 a.m. and 5 p.m. ET, Monday
                                                  requirements of part 541. The agency                    administrative burden that 49 CFR part                through Friday, except Federal
                                                  finds that FCA has provided adequate                    543.9(c)(2) could place on exempted                   Holidays.
                                                  reasons for its belief that the antitheft               vehicle manufacturers and itself. The                    • Instructions: For detailed
                                                  device for the vehicle line is likely to be             agency did not intend in drafting part                instructions on submitting comments
                                                  as effective in reducing and deterring                  543 to require the submission of a                    and additional information on the
                                                  motor vehicle theft as compliance with                  modification petition for every change                rulemaking process, see the Public
                                                  the parts-marking requirements of the                   to the components or design of an                     Participation heading of the
                                                  Theft Prevention Standard (49 CFR part                  antitheft device. The significance of                 SUPPLEMENTARY INFORMATION section of
                                                  541). This conclusion is based on the                   many such changes could be de                         this document. Note that all comments
                                                  information FCA provided about its                      minimis. Therefore, NHTSA suggests                    received will be posted without change
                                                  device.                                                 that if the manufacturer contemplates                 to http://www.regulations.gov, including
                                                     For the foregoing reasons, the agency                making any changes, the effects of                    any personal information provided.
                                                  hereby grants in full CFCA’s petition for               which might be characterized as de                       • Privacy Act: Anyone is able to
                                                  exemption for its ‘MP’ MPV line from                    minimis, it should consult the agency                 search the electronic form of all
                                                  the parts-marking requirements of 49                    before preparing and submitting a                     comments received into any of our
                                                  CFR part 541, beginning with its ‘MP’                   petition to modify.                                   dockets by the name of the individual
                                                  MPV model year vehicles. The agency                                                                           submitting the comment (or signing the
                                                                                                            Issued in Washington, DC under authority
                                                  notes that 49 CFR part 541, Appendix                                                                          comment, if submitted on behalf of an
                                                                                                          delegated in 49 CFR part 1.95.
                                                  A–1, identifies those lines that are                                                                          association, business, labor union, etc.).
                                                  exempted from the Theft Prevention                      Raymond R. Posten,
                                                                                                                                                                You may review DOT’s complete
                                                  Standard for a given model year. 49 CFR                 Associate Administrator for Rulemaking.
                                                                                                                                                                Privacy Act Statement in the Federal
                                                  part 543.7(f) contains publication                      [FR Doc. 2016–26072 Filed 10–27–16; 8:45 am]
                                                                                                                                                                Register published on April 11, 2000
                                                  requirements incident to the disposition                BILLING CODE 4910–59–P                                (65 FR 19477–78). For access to the
                                                  of all part 543 petitions. Advanced                                                                           docket to read background documents
                                                  listing, including the release of future                                                                      or comments received, go to http://
                                                  product nameplates, the beginning                       DEPARTMENT OF TRANSPORTATION
                                                                                                                                                                www.regulations.gov or the street
                                                  model year for which the petition is                                                                          address listed above. Follow the online
                                                  granted and a general description of the                National Highway Traffic Safety
                                                                                                          Administration                                        instructions for accessing the dockets.
                                                  antitheft device is necessary in order to                                                                     FOR FURTHER INFORMATION CONTACT: For
                                                  notify law enforcement agencies of new
                                                                                                          [Docket No. NHTSA–2016–0104]                          technical issues: Mr. Arthur Carter of
                                                  vehicle lines exempted from the parts
                                                                                                                                                                NHTSA’s Office of Vehicle Crash
                                                  marking requirements of the Theft
                                                                                                          Request for Comment on                                Avoidance & Electronic Controls
                                                  Prevention Standard. FCA stated that an
                                                                                                          Cybersecurity Best Practices for                      Research at (202) 366–5669 or by email
                                                  official nameplate for the vehicle has
                                                                                                          Modern Vehicles                                       at arthur.carter@dot.gov. For legal
                                                  not yet been determined. However, as a
                                                                                                                                                                issues: Mr. Steve Wood of NHTSA’s
                                                  condition to the formal granting of                     AGENCY:  National Highway Traffic                     Office of Chief Counsel at (202) 366–
                                                  FCA’s petition for exemption from the                   Safety Administration (NHTSA),                        5240 or by email at steve.wood@dot.gov.
                                                  parts-marking requirements of 49 CFR                    Department of Transportation (DOT).
                                                  part 541 for the MY 2017 ‘MP’ MPV                                                                             SUPPLEMENTARY INFORMATION: A top
                                                                                                          ACTION: Request for public comment.                   NHTSA priority is enhancing vehicle
                                                  line, the agency fully expects FCA to
                                                  notify the agency of the nameplate for                  SUMMARY:   NHTSA invites public                       cybersecurity to mitigate cyber threats
                                                  the vehicle line prior to its introduction              comment on its Cybersecurity Best                     that could present unreasonable safety
                                                  into the United States commerce for                     Practices for Modern Vehicles. The                    risks to the public or compromise
                                                  sale.                                                   document is available for a 30 day                    sensitive data such as personally
                                                     If FCA decides not to use the                        comment period at http://                             identifiable information. And, the
                                                  exemption for this vehicle line, it must                www.nhtsa.gov/staticfiles/nvs/pdf/                    agency is actively engaged in
                                                  formally notify the agency. If such a                   812333_                                               approaches to improve the cybersecurity
                                                  decision is made, the vehicle line must                 CybersecurityForModernVehicles.pdf.                   of modern vehicles. The agency has
                                                  be fully marked as required by 49 CFR                                                                         been conducting research and actively
                                                  parts 541.5 and 541.6 (marking of major                 DATES:  You should submit your                        engaging stakeholders to identify
                                                  component parts and replacement                         comments early enough to ensure that                  effective methods to address the vehicle
                                                  parts).                                                 Docket Management receives them no                    cybersecurity challenges. For example,
                                                     NHTSA notes that if FCA wishes in                    later than November 28, 2016.                         in January 2016, NHTSA convened a
                                                  the future to modify the device on                      ADDRESSES: Comments should refer to                   public vehicle cybersecurity roundtable
                                                  which this exemption is based, the                      the docket number above and be                        meeting in Washington, DC to facilitate
                                                  company may have to submit a petition                   submitted by one of the following                     diverse stakeholder discussion on key
                                                  to modify the exemption. 49 CFR part                    methods:                                              vehicle cybersecurity topics. Over 300
                                                  543.7(d) states that a part 543 exemption                  • Federal Rulemaking Portal: http://               individuals attended this meeting.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  applies only to vehicles that belong to                 www.regulations.gov. Follow the online                These attendees represented over 200
                                                  a line exempted under this part and                     instructions for submitting comments.                 unique organizations that included 17
                                                  equipped with the anti-theft device on                     • Mail: Docket Management Facility,                Original Equipment Manufacturers
                                                  which the line’s exemption is based.                    U.S. Department of Transportation, 1200               (OEMs), 25 government entities, and 13
                                                  Further, 49 CFR part 543.9(c)(2)                        New Jersey Avenue SE., West Building                  industry associations. During the
                                                  provides for the submission of petitions                Ground Floor, Room W12–140,                           roundtable meeting, the stakeholder
                                                  ‘‘to modify an exemption to permit the                  Washington, DC 20590–0001.                            groups identified actionable steps for


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Document Created: 2018-02-13 16:40:00
Document Modified: 2018-02-13 16:40:00
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 2017 model year (MY).
ContactMs. Carlita Ballard, International Policy, Fuel Economy and Consumer Programs, NHTSA, West Building, 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 Citation81 FR 75188 

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