82 FR 48741 - 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 82, Issue 201 (October 19, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 201 (October 19, 2017)
| Page Range | 48741-48743 | |
| FR Document | 2017-22659 |
[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)] [Notices] [Pages 48741-48743] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22659] ----------------------------------------------------------------------- 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's, (FCA) petition for exemption of the Jeep Wrangler vehicle line in accordance with 49 CFR part 543, Exemption from Vehicle Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Federal Motor Vehicle Theft Prevention Standard. (Theft Prevention Standard). DATES: The exemption granted by this notice is effective beginning with 2018 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 2, 2017, FCA requested an exemption from the parts-marking requirements of the Theft Prevention Standard for its Jeep Wrangler vehicle line beginning with MY 2018. 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 Jeep Wrangler vehicle line. FCA stated that its MY 2018 Jeep Wrangler vehicle line will be installed with the Sentry Key Immobilizer System (SKIS) antitheft device as standard equipment on the entire vehicle line. The SKIS will provide passive vehicle protection by [[Page 48742]] preventing the engine from operating unless a valid electronically encoded key is inside the cabin of the vehicle and a valid key code is detected in the ignition system of the vehicle. Key components of the antitheft device will include an immobilizer, a Radio Frequency Hub Module (RFHM), Engine Control Module (ECM), Body Controller Module (BCM), a Transponder Key/Finger Operated Button (FOB) with Integrated Key (FOBIK) and an Instrument Panel Cluster (IPC) which contains the telltale function only. According to FCA, these components work collectively to perform the immobilizer function. FCA will 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. Specifically, FCA stated that its Wrangler vehicles will be equipped with a security indicator that acts as a diagnostic indicator. 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 its RFHM memory if a system malfunction 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 and 100 percent system functionality prior to being shipped from the supplier to the vehicle assembly plant for installation in the vehicles. FCA also stated that each transponder key has a unique identification code that is permanently programmed into it by the manufacturer and must be programmed into the RFHM. Once a transponder key has been programmed to a particular vehicle, it cannot be used on any other vehicle. FCA stated that the SKIS immobilizer feature is activated when the transponder key is removed from the ignition system (whether the doors are open or not) and the ignition system is in the ``OFF'' position. Specifically, once the SKIS is activated, only a valid transponder key that is recognized by the ignition system will disable it and allow the vehicle to start and continue to run. 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. The RFHM and the ECM both use software that includes a rolling code algorithm strategy which helps to reduce the possibility of unauthorized SKIS disarming. The microprocessor-based SKIS hardware and software also uses electronic messages to communicate with other electronic modules in the vehicle over the Controller Area Network (CAN) data bus. FCA further stated that the SKIS uses RF communication with an Advanced Encryption System (AES) to obtain confirmation that the transponder key is a valid FOBIK for operating the vehicle. The RFHM initiates the ignition process by communicating with the BCM. The RFHM contains an RF transceiver and a microprocessor. The RFHM is paired with a Keyless Go START/STOP push button (also known as the Keyless Ignition Node (``KIN'')). The RFHM receives Low Frequency (LF) and/or RF signals from the Sentry Key transponder through a tuned RF antenna. When the Keyless Go START/STOP button is pressed on the KIN, the RFHM transmits an LF signal to the transponder key. The RFHM then waits for a RF signal response from the transponder in the FOBIK. If the response received identifies the FOBIK as valid, the communication between the RFHM, the BCM, and the ECM proceeds, and the ECM allows the engine to start. If the ECM receives an invalid key message or receives no message from the RFHM over the CAN data bus, the engine will be disabled. FCA further stated that its antitheft immobilizer device prevents the engine from running for more than two seconds unless a valid transponder key is recognized by the ignition system. Additionally, FCA stated that only six consecutive invalid start attempts will be permitted and that all other attempts will be locked out by preventing the fuel injectors from firing and disabling the starter. FCA stated that it expects the Jeep Wrangler 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 MY 1999. According to FCA, the average theft rate for Jeep Grand Cherokee vehicles, based on NHTSA's theft rate data 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. This was 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, significantly lower than the median. The Jeep Grand Cherokee vehicle line was also 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 rate 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. Theft rate data reported in the Federal Register notices published by the agency show that the theft rate for the Jeep Wrangler vehicle line, using an average of three MYs' data (2012-2014) is also 0.3980, which is significantly lower than the median theft rate established by the agency. Based on the evidence submitted by FCA, the agency believes that the antitheft device for the Jeep Wrangler 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 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 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 [[Page 48743]] 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 FCA's petition for exemption for its Jeep Wrangler vehicle line from the parts-marking requirements of 49 CFR part 541, beginning with its MY 2018 Jeep Wrangler 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. 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. 2017-22659 Filed 10-18-17; 8:45 am] BILLING CODE 4910-59-P
![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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![Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Notices 48743
device for the vehicle line is likely to be making any changes, the effects of diagram of the identity, design, and
as effective in reducing and deterring which might be characterized as de location of the components of the
motor vehicle theft as compliance with minimis, it should consult the agency antitheft device for the Avalon vehicle
the parts-marking requirements of the before preparing and submitting a line. Toyota stated that its MY 2019
Theft Prevention Standard (49 CFR part petition to modify. Avalon vehicle line will be installed
541). This conclusion is based on the Issued in Washington, DC, under authority with a ‘‘smart entry and start’’ system
information FCA provided about its delegated in 49 CFR part 1.95. and an engine immobilizer as standard
device. Raymond R. Posten, equipment. Key components of the
For the foregoing reasons, the agency Associate Administrator for Rulemaking. ‘‘smart entry and start’’ system device
hereby grants in full FCA’s petition for on the Avalon vehicle line will include,
[FR Doc. 2017–22659 Filed 10–18–17; 8:45 am]
exemption for its Jeep Wrangler vehicle a certification electronic control unit
BILLING CODE 4910–59–P
line from the parts-marking (ECU), engine switch, steering lock ECU,
requirements of 49 CFR part 541, security indicator, door control receiver,
beginning with its MY 2018 Jeep electrical key, an engine immobilizer
DEPARTMENT OF TRANSPORTATION
Wrangler vehicles. The agency notes and an electronic control module
that 49 CFR part 541, Appendix A–1, National Highway Traffic Safety (ECM). Toyota stated that there will also
identifies those lines that are exempted Administration be position switches installed on the
from the Theft Prevention Standard for vehicle to protect the hood and doors
a given model year. 49 CFR part 543.7(f) Petition for Exemption From the from unauthorized tampering/opening.
contains publication requirements Federal Motor Vehicle Theft Prevention Toyota further explained that locking
incident to the disposition of all part Standard; Toyota Motor North the doors can be accomplished through
543 petitions. Advanced listing, America, Inc. use of a key, wireless switch or its smart
including the release of future product entry system, and that unauthorized
nameplates, the beginning model year AGENCY: National Highway Traffic
tampering with the hood or door
for which the petition is granted and a Safety Administration, Department of
without using one of these methods will
general description of the antitheft Transportation (DOT).
cause the position switches to trigger its
device is necessary in order to notify ACTION: Grant of petition for exemption. antitheft device to operate. Toyota
law enforcement agencies of new SUMMARY: This document grants in full stated that it will not incorporate an
vehicle lines exempted from the parts the Toyota Motor North America, Inc.’s, audible and visual alarm system as
marking requirements of the Theft (Toyota) petition for an exemption of standard equipment on its trim-line
Prevention Standard. FCA stated that an the Avalon vehicle line. This petition is vehicles.
official nameplate for the vehicle has granted because the agency has Toyota’s submission is considered a
not yet been determined. determined that the antitheft device to complete petition as required by 49 CFR
If FCA decides not to use the 543.7 in that it meets the general
be placed on the line as standard
exemption for this vehicle line, it must requirements contained in § 543.5 and
equipment is likely to be as effective in
formally notify the agency. If such a the specific content requirements of
reducing and deterring motor vehicle
decision is made, the vehicle line must § 543.6.
theft as compliance with the parts-
be fully marked as required by 49 CFR In addressing the specific content
marking requirements of the Federal
parts 541.5 and 541.6 (marking of major requirements of § 543.6, Toyota
Motor Vehicle Theft Prevention
component parts and replacement provided information on the reliability
Standard (Theft Prevention Standard).
parts). and durability of its proposed device.
NHTSA notes that if FCA wishes in DATES: The exemption granted by this
To ensure reliability and durability of
the future to modify the device on notice is applicable beginning with the the device, Toyota conducted tests
which this exemption is based, the 2019 model year (MY). based on its own specified standards.
company may have to submit a petition FOR FURTHER INFORMATION CONTACT: Toyota provided a detailed list of the
to modify the exemption. 49 CFR part Hisham Mohamed, International Policy, tests conducted (i.e., high and low
543.7(d) states that a part 543 exemption Fuel Economy and Consumer Programs, temperature operation, overvoltage,
applies only to vehicles that belong to NHTSA, W43–437, 1200 New Jersey strength, impact, vibration, electro-
a line exempted under this part and Avenue SE., Washington, DC 20590. Mr. magnetic interference, etc.). Toyota
equipped with the anti-theft device on Mohamed’s phone number is (202) 366– stated that it believes that its device is
which the line’s exemption is based. 0307. His fax number is (202) 493–2990. reliable and durable because it complied
Further, 49 CFR part 543.9(c)(2) SUPPLEMENTARY INFORMATION: In a with its own specific design standards
provides for the submission of petitions petition dated June 19, 2017, Toyota and the antitheft device is installed on
‘‘to modify an exemption to permit the requested an exemption from the parts- other vehicle lines for which the agency
use of an antitheft device similar to but marking requirements of the Theft has granted a parts-marking exemption.
differing from the one specified in that Prevention Standard for the Avalon As an additional measure of reliability
exemption.’’ vehicle line beginning with MY 2019. and durability, Toyota stated that its
The agency wishes to minimize the The petition requested an exemption vehicle key cylinders are covered with
administrative burden that 49 CFR part from parts-marking pursuant to 49 CFR casting cases to prevent the key cylinder
543.9(c)(2) could place on exempted part 543, Exemption from Vehicle Theft from easily being broken. Toyota further
vehicle manufacturers and itself. The Prevention Standard, based on the explained that there are approximately
agency did not intend in drafting part installation of an antitheft device as 10,000 combinations for inner cut keys
rmajette on DSKBCKNHB2PROD with NOTICES
543 to require the submission of a standard equipment for the entire which makes it difficult to unlock the
modification petition for every change vehicle line. doors without using a valid key because
to the components or design of an Under 49 CFR part 543.5(a), a the key cylinders would spin out and
antitheft device. The significance of manufacturer may petition NHTSA to cause the locks to not operate.
many such changes could be de grant an exemption for one vehicle line Toyota stated that its ‘‘smart entry and
minimis. Therefore, NHTSA suggests per model year. In its petition, Toyota start system’’ device is activated when
that if the manufacturer contemplates provided a detailed description and the engine switch is pushed from the
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Document Created: 2017-10-19 02:56:38
Document Modified: 2017-10-19 02:56:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Grant of petition for exemption. | |
| Dates | The exemption granted by this notice is effective beginning with 2018 model year (MY). | |
| 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. | |
| FR Citation | 82 FR 48741 |
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