82_FR_48940 82 FR 48739 - Petition for Exemption From the Federal Motor Vehicle Motor Theft Prevention Standard; General Motors Corporation

82 FR 48739 - Petition for Exemption From the Federal Motor Vehicle Motor Theft Prevention Standard; General Motors Corporation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 201 (October 19, 2017)

Page Range48739-48741
FR Document2017-22660

This document grants in full General Motors Corporation's (GM) petition for an exemption of the Cadillac XT4 vehicle line in accordance with Exemption from the 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 Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard).

Federal Register, Volume 82 Issue 201 (Thursday, October 19, 2017)
[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Notices]
[Pages 48739-48741]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22660]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Motor Theft 
Prevention Standard; General Motors Corporation

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

ACTION: Grant of petition for exemption.

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

SUMMARY: This document grants in full General Motors Corporation's (GM) 
petition for an exemption of the Cadillac XT4 vehicle line in 
accordance with Exemption from the 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 Federal Motor 
Vehicle Theft Prevention Standard (Theft Prevention Standard).

DATES: The exemption granted by this notice is effective beginning with 
the 2019 model year (MY).

FOR FURTHER INFORMATION CONTACT: Hisham Mohamed, Office of 
International Policy, Fuel Economy, and Consumer Standards, NHTSA, W43-
437, 1200 New Jersey Avenue SE., Washington, DC 20590. Mr. Mohamed's 
phone number is (202) 366-0307. His fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated May 29, 2017, GM 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for its Cadillac XT4 vehicle line beginning with MY 
2019. The petition requested an exemption from parts-marking pursuant 
to 49 CFR 543, Exemption from Vehicle Theft Prevention Standard, based 
on the installation of an antitheft device as standard equipment for 
the entire vehicle line.
    Under 49 CFR part 543.5(a), a manufacturer may petition NHTSA to 
grant an exemption for one vehicle line per model year. In its 
petition, GM

[[Page 48740]]

provided a detailed description and diagram of the identity, design, 
and location of the components of the antitheft device for the Cadillac 
XT4 vehicle line. GM will install the PASS-Key III+ antitheft device as 
standard equipment on its Cadillac XT4 vehicle line. The PASS-Key III+ 
is a passive, transponder-based, electronic immobilizer device. The 
major components of the antitheft device are a PASS-Key III+ controller 
module, engine control module (ECM), electronically-coded ignition key, 
radio frequency (RF) receiver, immobilizer exciter module, three low 
frequency antennas and a passive antenna module. GM stated that the 
device will provide protection against unauthorized use (i.e., starting 
and engine fueling), but will not provide any visible or audible 
indication of unauthorized vehicle entry (i.e., flashing lights or horn 
alarm). GM stated that the PASS-Key III+ immobilizer device is designed 
to be active at all times without direct intervention by the vehicle 
operator. GM further stated that activation of the device occurs 
immediately after the ignition has been turned off and the key has been 
removed and deactivation of the antitheft device occurs automatically 
when the engine is started. GM stated that the Cadillac XT4 vehicle 
line will be equipped with one of two ignition versions. Specifically, 
the Cadillac XT4 will be equipped with either a keyed or keyless 
ignition version of its PASS-Key III+ immobilizer antitheft device. GM 
also stated that the ``keyed'' ignition version utilizes a special 
ignition key and decoder module and its electrical code must be sensed 
and properly decoded by the controller module before the vehicle can be 
operated. GM further stated that with the ``keyless'' ignition version, 
an electronic key fob performs normal remote keyless entry functions 
and communicates with the vehicle without direct owner intervention. 
Specifically, during operation of the vehicle, when the owner presses 
the engine start/stop switch, the vehicle transmits a randomly 
generated challenge and vehicle identifier within the passenger 
compartment of the vehicle via three low-frequency antennas, controlled 
by the passive antenna module. The electronic key receives the data and 
if the vehicle identifier matches that of the vehicle, the electronic 
key will calculate the response to the vehicle using the challenge and 
secret information shared between the key and the vehicle. The 
electronic key then transmits the response via a radio frequency 
channel to a vehicle mounted receiver, conveying the information to the 
PASS-Key III+ control module. The PASS-Key III+ control module compares 
the received response with an internally calculated response. If the 
values match, the device will allow the vehicle to enter functional 
modes and transmit a fixed code pre-release password to the engine 
controller over the serial data bus, and enable computation and 
communication of a response to any valid challenge received from the 
engine controller. If a valid key is not detected, the device will not 
transmit a fixed code pre-release password to the engine controller 
preventing fuel from being delivered to the engine, enabling starting.
    GM'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 543.6, GM 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, GM 
conducted tests based on its own specified standards. GM provided a 
detailed list of the specific tests it used to validate the integrity, 
durability and reliability of the PASS-Key III+ device. Some of the 
tests GM conducted were for high temperature storage, low temperature 
storage, thermal shock, humidity, frost, salt fog, flammability and 
others. GM believes that the device is reliable and durable since the 
components must operate as designed after each test. GM further stated 
that the design and assembly processes of the PASS-Key III+ subsystem 
and components are validated for 10 years of vehicle life and 150,000 
miles of performance.
    GM further stated that the PASS-Key III+ device has been designed 
to enhance the functionality and theft protection provided by its 
first, second and third generation PASS-Key, PASS-Key II, and PASS-Key 
III devices. GM also referenced data provided by the American 
Automobile Manufacturers Association (AAMA) in support of the 
effectiveness of GM's PASS-Key devices in reducing and deterring motor 
vehicle theft. Specifically, GM stated that data which provide the 
basis for GM's confidence that the PASS-Key 111+ system will be 
effective in reducing and deterring motor vehicle theft are contained 
in the response of the American Automobile Manufacturers Association 
(AAMA) to Docket 97-042; Notice I (NHTSA Request for Comments on its 
Preliminary Report to Congress on the Effects of the Anti Car Theft Act 
of 1992 and the Motor Vehicle Theft Law Enforcement Act of 1984). In 
the Report to Congress, AAMA stated the more recent antitheft systems 
are more effective in reducing auto theft. AAMA also cited the Highway 
Loss Data Institute (HLDI) findings on the effectiveness of antitheft 
devices in reducing theft. AAMA noted that vehicles with antitheft 
devices are less likely to be stolen for joyriding or transportation 
and therefore, their recovery rates are lower.
    GM also noted that theft rate data have indicated a decline in 
theft rates for vehicle lines equipped with comparable devices that 
have received full exemptions from the parts-marking requirements. GM 
stated that the theft rate data, as provided by the Federal Bureau of 
Investigation's National Crime Information Center (NCIC) and compiled 
by the agency, show that theft rates are lower for exempted GM models 
equipped with the PASS-Key-like systems than the theft rates for 
earlier models with similar appearance and construction that were 
parts-marked. Based on the performance of the PASS-Key, PASS-Key II, 
and PASS-Key III devices on other GM models, and the advanced 
technology utilized in PASS-Key III+, GM believes that the PASS-Key 
III+ device will be more effective in deterring theft than the parts-
marking requirements of 49 CFR part 541.
    Additionally, GM stated that the model year (MY) 2014 Cadillac CTS 
and SRX theft rates (per 1000 vehicles produced) are below the 1990/
1991 median rate of 3.5826. Specifically, the theft for the MY 2014 
Cadillac CTS is 0.3546 and 0.8481 for the MY 2014 Cadillac SRX vehicle 
line. Since the same antitheft device will be used on the 2019 MY 
Cadillac XT4, GM believes the statistical data indicates that this 
vehicle will also have an acceptable theft rate to obtain an exemption 
from the parts marking requirements of 49 CFR part 541. GM was granted 
an exemption from the parts-marking requirements by the agency for the 
Cadillac CTS vehicle line beginning with MY 2011 (See 74 FR 62385, 
November 27, 2009). The average theft rate for the Cadillac CTS and SRX 
vehicle lines, based on NHTSA's theft rate data, using 3 MYs data (MYs 
2012-2014) are 0.8518 and 0.6020 respectively.
    GM further stated that it believes that PASS-Key III+ devices will 
be more effective in deterring theft than the parts-marking 
requirements and that the agency should find that inclusion of the 
PASS-Key III+ device on the Cadillac XT4 vehicle line is sufficient to 
qualify

[[Page 48741]]

it for full exemption from the parts-marking requirements.
    GM's proposed device lacks an audible or visible alarm. Therefore, 
this device cannot perform one of the functions listed in 49 CFR part 
543.6(a)(3), that is, to call attention to unauthorized attempts to 
enter or move the vehicle. Based on comparison of the reduction in the 
theft rates of Chevrolet Corvettes using a passive antitheft device 
along with an audible/visible alarm system to the reduction in theft 
rates for the Chevrolet Camaro and the Pontiac Firebird models equipped 
with a passive antitheft device without an alarm, GM finds that the 
lack of an alarm or attention-attracting device does not compromise the 
theft deterrent performance of a device such as PASS-Key III+ device. 
In these instances, the agency has concluded that the lack of an 
audible or visible alarm has not prevented these antitheft devices from 
being effective protection against theft.
    Based on the evidence submitted by GM, the agency believes that the 
antitheft device for the Cadillac XT4 vehicle line is likely to be as 
effective in reducing and deterring motor vehicle theft as compliance 
with the parts-marking requirements of the Theft Prevention Standard 
(49 CFR 541).
    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7(b), the agency grants 
a petition for exemption from the parts-marking requirements of Part 
541, either in whole or in part, if it determines that, based upon 
substantial evidence, the standard equipment antitheft device is likely 
to be as effective in reducing and deterring motor vehicle theft as 
compliance with the parts-marking requirements of Part 541. The agency 
finds that GM has provided adequate reasons for its belief that the 
antitheft device for the Cadillac XT4 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 GM 
provided about its device.
    The agency concludes that the device will provide four of the five 
types of performance listed in Sec.  543.6(a)(3): Promoting activation; 
preventing defeat or circumvention of the device by unauthorized 
persons; preventing 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 GM's 
petition for exemption for the Cadillac XT4 vehicle line from the 
parts-marking requirements of 49 CFR part 541, beginning with its model 
year (MY) 2019 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.
    If GM decides not to use the exemption for this line, it should 
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 GM wishes in the future to modify the device on 
which this exemption is based, the company may have to submit a 
petition to modify the exemption. Part 543.7(d) states that a Part 543 
exemption applies only to vehicles that belong to a line exempted under 
this part and equipped with the antitheft device on which the line's 
exemption is based. Further, Part 543.9(c)(2) provides for the 
submission of petitions ``to modify an exemption to permit the use of 
an antitheft device similar to but differing from the one specified in 
that exemption.''
    The agency wishes to minimize the administrative burden that Part 
543.9(c)(2) could place on exempted vehicle manufacturers and itself. 
The agency did not intend in drafting Part 543 to require the 
submission of a modification petition for every change to the 
components or design of an antitheft device. The significance of many 
such changes could be de minimis. Therefore, NHTSA suggests that if the 
manufacturer contemplates making any changes, the effects of which 
might be characterized as de minimis, it should consult the agency 
before preparing and submitting a petition to modify.

    Issued in Washington, DC, under authority delegated in 49 CFR 
Part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-22660 Filed 10-18-17; 8:45 am]
 BILLING CODE 4910-59-P



                                                                           Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Notices                                               48739

                                               Technology, RAD–20, Federal Railroad                      Abstract: Title 49 CFR 217 requires                 respondent is not required to respond to
                                               Administration, 1200 New Jersey                         Class I and Class II railroads to file with           a collection of information, unless it
                                               Avenue SE., Mail Stop 35, Washington,                   FRA copies of their operating rules,                  displays a currently valid OMB control
                                               DC 20590 (Telephone: (202) 493–6132).                   timetables, timetable special                         number.
                                               (These telephone numbers are not toll                   instructions, and subsequent                            Authority: 44 U.S.C. 3501–3520.
                                               free.)                                                  amendments (49 CFR 217.7(a) and (b)),
                                                                                                       while Class III railroads are required to             Brett A. Jortland,
                                               SUPPLEMENTARY INFORMATION:             The PRA,         retain copies of these documents at their             Acting Deputy Chief Counsel.
                                               44 U.S.C. 3501–3520, and its                            systems headquarters (49 CFR 217.7(c)).               [FR Doc. 2017–22650 Filed 10–18–17; 8:45 am]
                                               implementing regulations, 5 CFR part                    Also, 49 CFR 220.21(b) requires                       BILLING CODE 4910–06–P
                                               1320, require Federal agencies to issue                 railroads to retain one copy of their
                                               two notices seeking public comment on                   current operating rules with respect to
                                               information collection activities before                radio communications at a specified                   DEPARTMENT OF TRANSPORTATION
                                               OMB may approve paperwork packages.                     location. These railroads are also
                                               44 U.S.C. 3506, 3507; 5 CFR 1320.5,                     required to retain one copy of each                   National Highway Traffic Safety
                                               1320.8(d)(1), and 1320.12. On June 30,                  subsequent amendment thereto. These                   Administration
                                               2017, FRA published a 60-day notice in                  documents must be made available to
                                               the Federal Register soliciting comment                                                                       Petition for Exemption From the
                                                                                                       FRA upon request. FRA uses the
                                               on the ICRs for which it is now seeking                                                                       Federal Motor Vehicle Motor Theft
                                                                                                       information collected to determine the
                                               OMB approval. See 82 FR 29976. FRA                                                                            Prevention Standard; General Motors
                                                                                                       railroads’ rules and practices with
                                               received no comments in response to                                                                           Corporation
                                                                                                       respect to train operations and
                                               the notice. The summaries below                         instructions provided by the railroads to             AGENCY: National Highway Traffic
                                               describe the ICRs and their expected                    their operating employees.                            Safety Administration, Department of
                                               burden. FRA is submitting these                           Type of Request: Extension with                     Transportation (DOT).
                                               renewal requests for clearance by OMB,                  change of a currently approved
                                               as the PRA requires.                                                                                          ACTION: Grant of petition for exemption.
                                                                                                       information collection.
                                                  Before OMB decides whether to                          Affected Public: Businesses.                        SUMMARY:   This document grants in full
                                               approve these proposed collections of                     Form(s): N/A.                                       General Motors Corporation’s (GM)
                                               information, it must provide 30 days for                  Total Estimated Annual Responses:                   petition for an exemption of the Cadillac
                                               public comment. 44 U.S.C. 3507(b);                      188,591,125.                                          XT4 vehicle line in accordance with
                                               5 CFR 1320.12(d). Federal law requires                    Total Estimated Annual Burden:                      Exemption from the Theft Prevention
                                               OMB to approve or disapprove                            4,797,590 hours.                                      Standard. This petition is granted
                                               paperwork packages between 30 and 60                      Title: Track Safety Standards;                      because the agency has determined that
                                               days after the 30-day notice is                         Concrete Crossties.                                   the antitheft device to be placed on the
                                               published. 44 U.S.C. 3507(b)–(c); 5 CFR                   OMB Control Number: 2130–0592.                      line as standard equipment is likely to
                                               1320.12(d); see also 60 FR 44978, 44983,                  Abstract: On April 1, 2011, FRA                     be as effective in reducing and deterring
                                               Aug. 29, 1995. OMB believes the 30-day                  amended 49 CFR 213 (Track Safety                      motor vehicle theft as compliance with
                                               notice informs the regulated community                  Standards) to ensure safe operations                  the parts-marking requirements of the
                                               to file relevant comments and affords                   over track constructed with concrete                  Federal Motor Vehicle Theft Prevention
                                               the agency adequate time to digest                      crossties. FRA issued specific                        Standard (Theft Prevention Standard).
                                               public comments before it renders a                     requirements for effective concrete
                                                                                                                                                             DATES: The exemption granted by this
                                               decision. 60 FR 44983, Aug. 29, 1995.                   crossties, rail fastening systems
                                                                                                                                                             notice is effective beginning with the
                                               Therefore, respondents should submit                    connected to concrete crossties, and
                                                                                                                                                             2019 model year (MY).
                                               their respective comments to OMB                        automated inspections of track
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                               within 30 days of publication. 5 CFR                    constructed with concrete crossties.
                                                                                                       FRA uses the information collected                    Hisham Mohamed, Office of
                                               1320.12(c); see also 60 FR 44983, Aug.                                                                        International Policy, Fuel Economy, and
                                               29, 1995.                                               under 49 CFR 213.234 to ensure that
                                                                                                       automated track inspections of track                  Consumer Standards, NHTSA, W43–
                                                  Comments are invited on the                                                                                437, 1200 New Jersey Avenue SE.,
                                               following ICRs regarding: (1) Whether                   constructed with concrete crossties are
                                                                                                       carried out as specified in this section              Washington, DC 20590. Mr. Mohamed’s
                                               the information collection activities are                                                                     phone number is (202) 366–0307. His
                                               necessary for FRA to properly execute                   to supplement visual inspections by
                                                                                                       Class I and Class II railroads, intercity             fax number is (202) 493–2990.
                                               its functions, including whether the                                                                          SUPPLEMENTARY INFORMATION: In a
                                               information will have practical utility;                passenger railroads, and commuter
                                                                                                       railroads or small governmental                       petition dated May 29, 2017, GM
                                               (2) the accuracy of FRA’s estimates of                                                                        requested an exemption from the parts-
                                               the burden of the information collection                jurisdictions that serve populations
                                                                                                       greater than 50,000.                                  marking requirements of the Theft
                                               activities, including the validity of the                                                                     Prevention Standard for its Cadillac XT4
                                               methodology and assumptions used to                       Type of Request: Extension with
                                                                                                       change of a currently approved                        vehicle line beginning with MY 2019.
                                               determine the estimates; (3) ways for                                                                         The petition requested an exemption
                                               FRA to enhance the quality, utility, and                information collection.
                                                                                                         Affected Public: Businesses.                        from parts-marking pursuant to 49 CFR
                                               clarity of the information being                                                                              543, Exemption from Vehicle Theft
                                                                                                         Form(s): N/A.
                                               collected; and (4) ways to minimize the                   Total Estimated Annual Responses:                   Prevention Standard, based on the
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                                               burden of information collection                        2,318.                                                installation of an antitheft device as
                                               activities on the public, including the                   Total Estimated Annual Burden:                      standard equipment for the entire
                                               use of automated collection techniques                  4,875 hours.                                          vehicle line.
                                               or other forms of information                             Under 44 U.S.C. 3507(a) and 5 CFR                      Under 49 CFR part 543.5(a), a
                                               technology.                                             1320.5(b) and 1320.8(b)(3)(vi), FRA                   manufacturer may petition NHTSA to
                                                  Title: Railroad Operating Rules.                     informs all interested parties that it may            grant an exemption for one vehicle line
                                                  OMB Control Number: 2130–0035.                       not conduct or sponsor, and a                         per model year. In its petition, GM


                                          VerDate Sep<11>2014   15:13 Oct 18, 2017   Jkt 244001   PO 00000   Frm 00061   Fmt 4703   Sfmt 4703   E:\FR\FM\19OCN1.SGM   19OCN1


                                               48740                       Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Notices

                                               provided a detailed description and                     to a vehicle mounted receiver,                        1992 and the Motor Vehicle Theft Law
                                               diagram of the identity, design, and                    conveying the information to the PASS-                Enforcement Act of 1984). In the Report
                                               location of the components of the                       Key III+ control module. The PASS-Key                 to Congress, AAMA stated the more
                                               antitheft device for the Cadillac XT4                   III+ control module compares the                      recent antitheft systems are more
                                               vehicle line. GM will install the PASS-                 received response with an internally                  effective in reducing auto theft. AAMA
                                               Key III+ antitheft device as standard                   calculated response. If the values match,             also cited the Highway Loss Data
                                               equipment on its Cadillac XT4 vehicle                   the device will allow the vehicle to                  Institute (HLDI) findings on the
                                               line. The PASS-Key III+ is a passive,                   enter functional modes and transmit a                 effectiveness of antitheft devices in
                                               transponder-based, electronic                           fixed code pre-release password to the                reducing theft. AAMA noted that
                                               immobilizer device. The major                           engine controller over the serial data                vehicles with antitheft devices are less
                                               components of the antitheft device are                  bus, and enable computation and                       likely to be stolen for joyriding or
                                               a PASS-Key III+ controller module,                      communication of a response to any                    transportation and therefore, their
                                               engine control module (ECM),                            valid challenge received from the engine              recovery rates are lower.
                                               electronically-coded ignition key, radio                controller. If a valid key is not detected,              GM also noted that theft rate data
                                               frequency (RF) receiver, immobilizer                    the device will not transmit a fixed code             have indicated a decline in theft rates
                                               exciter module, three low frequency                     pre-release password to the engine                    for vehicle lines equipped with
                                               antennas and a passive antenna module.                  controller preventing fuel from being                 comparable devices that have received
                                               GM stated that the device will provide                  delivered to the engine, enabling                     full exemptions from the parts-marking
                                               protection against unauthorized use                     starting.                                             requirements. GM stated that the theft
                                                                                                          GM’s submission is considered a                    rate data, as provided by the Federal
                                               (i.e., starting and engine fueling), but
                                                                                                       complete petition as required by 49 CFR               Bureau of Investigation’s National Crime
                                               will not provide any visible or audible
                                                                                                       543.7, in that it meets the general                   Information Center (NCIC) and
                                               indication of unauthorized vehicle entry
                                                                                                       requirements contained in 543.5 and the               compiled by the agency, show that theft
                                               (i.e., flashing lights or horn alarm). GM
                                                                                                       specific content requirements of 543.6.               rates are lower for exempted GM models
                                               stated that the PASS-Key III+                              In addressing the specific content
                                               immobilizer device is designed to be                                                                          equipped with the PASS-Key-like
                                                                                                       requirements of 543.6, GM provided
                                               active at all times without direct                                                                            systems than the theft rates for earlier
                                                                                                       information on the reliability and
                                               intervention by the vehicle operator.                                                                         models with similar appearance and
                                                                                                       durability of its proposed device. To
                                               GM further stated that activation of the                                                                      construction that were parts-marked.
                                                                                                       ensure reliability and durability of the
                                               device occurs immediately after the                                                                           Based on the performance of the PASS-
                                                                                                       device, GM conducted tests based on its
                                               ignition has been turned off and the key                                                                      Key, PASS-Key II, and PASS-Key III
                                                                                                       own specified standards. GM provided
                                               has been removed and deactivation of                                                                          devices on other GM models, and the
                                                                                                       a detailed list of the specific tests it used
                                               the antitheft device occurs                                                                                   advanced technology utilized in PASS-
                                                                                                       to validate the integrity, durability and
                                               automatically when the engine is                                                                              Key III+, GM believes that the PASS-Key
                                                                                                       reliability of the PASS-Key III+ device.
                                               started. GM stated that the Cadillac XT4                                                                      III+ device will be more effective in
                                                                                                       Some of the tests GM conducted were
                                               vehicle line will be equipped with one                  for high temperature storage, low                     deterring theft than the parts-marking
                                               of two ignition versions. Specifically,                 temperature storage, thermal shock,                   requirements of 49 CFR part 541.
                                               the Cadillac XT4 will be equipped with                  humidity, frost, salt fog, flammability                  Additionally, GM stated that the
                                               either a keyed or keyless ignition                      and others. GM believes that the device               model year (MY) 2014 Cadillac CTS and
                                               version of its PASS-Key III+                            is reliable and durable since the                     SRX theft rates (per 1000 vehicles
                                               immobilizer antitheft device. GM also                   components must operate as designed                   produced) are below the 1990/1991
                                               stated that the ‘‘keyed’’ ignition version              after each test. GM further stated that               median rate of 3.5826. Specifically, the
                                               utilizes a special ignition key and                     the design and assembly processes of                  theft for the MY 2014 Cadillac CTS is
                                               decoder module and its electrical code                  the PASS-Key III+ subsystem and                       0.3546 and 0.8481 for the MY 2014
                                               must be sensed and properly decoded                     components are validated for 10 years of              Cadillac SRX vehicle line. Since the
                                               by the controller module before the                     vehicle life and 150,000 miles of                     same antitheft device will be used on
                                               vehicle can be operated. GM further                     performance.                                          the 2019 MY Cadillac XT4, GM believes
                                               stated that with the ‘‘keyless’’ ignition                  GM further stated that the PASS-Key                the statistical data indicates that this
                                               version, an electronic key fob performs                 III+ device has been designed to                      vehicle will also have an acceptable
                                               normal remote keyless entry functions                   enhance the functionality and theft                   theft rate to obtain an exemption from
                                               and communicates with the vehicle                       protection provided by its first, second              the parts marking requirements of 49
                                               without direct owner intervention.                      and third generation PASS-Key, PASS-                  CFR part 541. GM was granted an
                                               Specifically, during operation of the                   Key II, and PASS-Key III devices. GM                  exemption from the parts-marking
                                               vehicle, when the owner presses the                     also referenced data provided by the                  requirements by the agency for the
                                               engine start/stop switch, the vehicle                   American Automobile Manufacturers                     Cadillac CTS vehicle line beginning
                                               transmits a randomly generated                          Association (AAMA) in support of the                  with MY 2011 (See 74 FR 62385,
                                               challenge and vehicle identifier within                 effectiveness of GM’s PASS-Key devices                November 27, 2009). The average theft
                                               the passenger compartment of the                        in reducing and deterring motor vehicle               rate for the Cadillac CTS and SRX
                                               vehicle via three low-frequency                         theft. Specifically, GM stated that data              vehicle lines, based on NHTSA’s theft
                                               antennas, controlled by the passive                     which provide the basis for GM’s                      rate data, using 3 MYs data (MYs 2012–
                                               antenna module. The electronic key                      confidence that the PASS-Key 111+                     2014) are 0.8518 and 0.6020
                                               receives the data and if the vehicle                    system will be effective in reducing and              respectively.
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                                               identifier matches that of the vehicle,                 deterring motor vehicle theft are                        GM further stated that it believes that
                                               the electronic key will calculate the                   contained in the response of the                      PASS-Key III+ devices will be more
                                               response to the vehicle using the                       American Automobile Manufacturers                     effective in deterring theft than the
                                               challenge and secret information shared                 Association (AAMA) to Docket 97–042;                  parts-marking requirements and that the
                                               between the key and the vehicle. The                    Notice I (NHTSA Request for Comments                  agency should find that inclusion of the
                                               electronic key then transmits the                       on its Preliminary Report to Congress on              PASS-Key III+ device on the Cadillac
                                               response via a radio frequency channel                  the Effects of the Anti Car Theft Act of              XT4 vehicle line is sufficient to qualify


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                                                                           Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Notices                                          48741

                                               it for full exemption from the parts-                   2019 vehicles. The agency notes that 49               DEPARTMENT OF TRANSPORTATION
                                               marking requirements.                                   CFR part 541, Appendix A–1, identifies
                                                  GM’s proposed device lacks an                        those lines that are exempted from the                National Highway Traffic Safety
                                               audible or visible alarm. Therefore, this               Theft Prevention Standard for a given                 Administration
                                               device cannot perform one of the                        model year. 49 CFR part 543.7(f)
                                               functions listed in 49 CFR part                                                                               Petition for Exemption From the
                                                                                                       contains publication requirements
                                               543.6(a)(3), that is, to call attention to                                                                    Federal Motor Vehicle Theft Prevention
                                                                                                       incident to the disposition of all Part               Standard; Fiat Chrysler Automobiles
                                               unauthorized attempts to enter or move                  543 petitions. Advanced listing,
                                               the vehicle. Based on comparison of the                                                                       US LLC
                                                                                                       including the release of future product
                                               reduction in the theft rates of Chevrolet                                                                     AGENCY: National Highway Traffic
                                                                                                       nameplates, the beginning model year
                                               Corvettes using a passive antitheft                                                                           Safety Administration (NHTSA),
                                               device along with an audible/visible                    for which the petition is granted and a
                                                                                                       general description of the antitheft                  Department of Transportation (DOT).
                                               alarm system to the reduction in theft
                                                                                                       device is necessary in order to notify                ACTION: Grant of petition for exemption.
                                               rates for the Chevrolet Camaro and the
                                               Pontiac Firebird models equipped with                   law enforcement agencies of new                       SUMMARY:   This document grants in full
                                               a passive antitheft device without an                   vehicle lines exempted from the parts                 the Fiat Chrysler Automobiles US LLC’s,
                                               alarm, GM finds that the lack of an                     marking requirements of the Theft                     (FCA) petition for exemption of the Jeep
                                               alarm or attention-attracting device does               Prevention Standard.                                  Wrangler vehicle line in accordance
                                               not compromise the theft deterrent                        If GM decides not to use the                        with 49 CFR part 543, Exemption from
                                               performance of a device such as PASS-                   exemption for this line, it should                    Vehicle Theft Prevention Standard. This
                                               Key III+ device. In these instances, the                formally notify the agency. If such a                 petition is granted because the agency
                                               agency has concluded that the lack of an                decision is made, the line must be fully              has determined that the antitheft device
                                               audible or visible alarm has not                        marked according to the requirements                  to be placed on the line as standard
                                               prevented these antitheft devices from                                                                        equipment is likely to be as effective in
                                                                                                       under 49 CFR parts 541.5 and 541.6
                                               being effective protection against theft.                                                                     reducing and deterring motor vehicle
                                                  Based on the evidence submitted by                   (marking of major component parts and
                                                                                                       replacement parts).                                   theft as compliance with the parts-
                                               GM, the agency believes that the                                                                              marking requirements of the Federal
                                               antitheft device for the Cadillac XT4                     NHTSA notes that if GM wishes in the                Motor Vehicle Theft Prevention
                                               vehicle line is likely to be as effective               future to modify the device on which                  Standard. (Theft Prevention Standard).
                                               in reducing and deterring motor vehicle                 this exemption is based, the company                  DATES: The exemption granted by this
                                               theft as compliance with the parts-                     may have to submit a petition to modify               notice is effective beginning with 2018
                                               marking requirements of the Theft                       the exemption. Part 543.7(d) states that              model year (MY).
                                               Prevention Standard (49 CFR 541).                       a Part 543 exemption applies only to
                                                  Pursuant to 49 U.S.C. 33106 and 49                                                                         FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                       vehicles that belong to a line exempted               Carlita Ballard, International Policy,
                                               CFR 543.7(b), the agency grants a                       under this part and equipped with the
                                               petition for exemption from the parts-                                                                        Fuel Economy and Consumer Programs,
                                                                                                       antitheft device on which the line’s                  NHTSA, West Building, W43–439, 1200
                                               marking requirements of Part 541, either
                                                                                                       exemption is based. Further, Part                     New Jersey Avenue SE., Washington,
                                               in whole or in part, if it determines that,
                                               based upon substantial evidence, the                    543.9(c)(2) provides for the submission               DC 20590. Ms. Ballard’s phone number
                                               standard equipment antitheft device is                  of petitions ‘‘to modify an exemption to              is (202) 366–5222. Her fax number is
                                               likely to be as effective in reducing and               permit the use of an antitheft device                 (202) 493–2990.
                                               deterring motor vehicle theft as                        similar to but differing from the one                 SUPPLEMENTARY INFORMATION: In a
                                               compliance with the parts-marking                       specified in that exemption.’’                        petition dated June 2, 2017, FCA
                                               requirements of Part 541. The agency                      The agency wishes to minimize the                   requested an exemption from the parts-
                                               finds that GM has provided adequate                     administrative burden that Part                       marking requirements of the Theft
                                               reasons for its belief that the antitheft               543.9(c)(2) could place on exempted                   Prevention Standard for its Jeep
                                               device for the Cadillac XT4 vehicle line                vehicle manufacturers and itself. The                 Wrangler vehicle line beginning with
                                               is likely to be as effective in reducing                agency did not intend in drafting Part                MY 2018. The petition requested an
                                               and deterring motor vehicle theft as                    543 to require the submission of a                    exemption from parts-marking pursuant
                                               compliance with the parts-marking                       modification petition for every change                to 49 CFR part 543, Exemption from
                                               requirements of the Theft Prevention                                                                          Vehicle Theft Prevention Standard,
                                                                                                       to the components or design of an
                                               Standard (49 CFR part 541). This                                                                              based on the installation of an antitheft
                                                                                                       antitheft device. The significance of
                                               conclusion is based on the information                                                                        device as standard equipment for the
                                                                                                       many such changes could be de
                                               GM provided about its device.                                                                                 entire vehicle line.
                                                  The agency concludes that the device                 minimis. Therefore, NHTSA suggests                       Under 49 CFR part 543.5(a), a
                                               will provide four of the five types of                  that if the manufacturer contemplates                 manufacturer may petition NHTSA to
                                               performance listed in § 543.6(a)(3):                    making any changes, the effects of                    grant an exemption for one vehicle line
                                               Promoting activation; preventing defeat                 which might be characterized as de                    per model year. In its petition, FCA
                                               or circumvention of the device by                       minimis, it should consult the agency                 provided a detailed description and
                                               unauthorized persons; preventing                        before preparing and submitting a                     diagram of the identity, design, and
                                               operation of the vehicle by                             petition to modify.                                   location of the components of the
                                               unauthorized entrants; and ensuring the                                                                       antitheft device for its Jeep Wrangler
rmajette on DSKBCKNHB2PROD with NOTICES




                                                                                                         Issued in Washington, DC, under authority
                                               reliability and durability of the device.               delegated in 49 CFR Part 1.95.                        vehicle line. FCA stated that its MY
                                                  For the foregoing reasons, the agency                Raymond R. Posten,
                                                                                                                                                             2018 Jeep Wrangler vehicle line will be
                                               hereby grants in full GM’s petition for                                                                       installed with the Sentry Key
                                               exemption for the Cadillac XT4 vehicle                  Associate Administrator for Rulemaking.               Immobilizer System (SKIS) antitheft
                                               line from the parts-marking                             [FR Doc. 2017–22660 Filed 10–18–17; 8:45 am]          device as standard equipment on the
                                               requirements of 49 CFR part 541,                        BILLING CODE 4910–59–P                                entire vehicle line. The SKIS will
                                               beginning with its model year (MY)                                                                            provide passive vehicle protection by


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Document Created: 2017-10-19 02:56:58
Document Modified: 2017-10-19 02:56:58
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 2019 model year (MY).
ContactHisham Mohamed, Office of International Policy, Fuel Economy, and Consumer Standards, NHTSA, W43- 437, 1200 New Jersey Avenue SE., Washington, DC 20590. Mr. Mohamed's phone number is (202) 366-0307. His fax number is (202) 493-2990.
FR Citation82 FR 48739 

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