82_FR_5653 82 FR 5642 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; General Motors LLC

82 FR 5642 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; General Motors LLC

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 11 (January 18, 2017)

Page Range5642-5644
FR Document2017-00977

This document grants in full the General Motors LLC's (GM) petition for an exemption of the Chevrolet Volt vehicle line in accordance with 49 CFR part 543, Exemption from Vehicle Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of 49 CFR part 541, Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard).

Federal Register, Volume 82 Issue 11 (Wednesday, January 18, 2017)
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5642-5644]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00977]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


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

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

ACTION: Grant of petition for exemption.

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

SUMMARY: This document grants in full the General Motors LLC's (GM) 
petition for an exemption of the Chevrolet Volt vehicle line in 
accordance with 49 CFR part 543, Exemption from Vehicle Theft 
Prevention Standard. This petition is granted because the agency has 
determined that the antitheft device to be placed on the line as 
standard equipment is likely to be as effective in reducing and 
deterring motor vehicle theft as compliance with the parts-marking 
requirements of 49 CFR part 541, Federal Motor Vehicle Theft Prevention 
Standard (Theft Prevention Standard).

DATES: The exemption granted by this notice is effective beginning with 
the 2018 model year (MY).

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

[[Page 5643]]


SUPPLEMENTARY INFORMATION: In a petition dated October 6, 2016, GM 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for the Chevrolet Volt 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, GM provided a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device for the MY 2018 Chevrolet Volt vehicle line. GM stated that its 
Chevrolet Volt vehicle line will be installed with the PASS-Key III+ 
antitheft device as standard equipment. The PASS-Key III+ is a passive, 
transponder based, electronic engine immobilizer antitheft device. GM 
stated that a keyless ignition system will be installed on its 
Chevrolet Volt vehicle line. Key components of its PASS-Key III+ system 
will include an electronically-coded ignition key, a body control 
module (BCM) with integrated PASS-Key III+ controller, engine control 
module (ECM), immobilizer exciter module, radio frequency (RF) receiver 
module, passive antenna module and low frequency antennas (LF). The 
electronic key is incorporated within a remote key fob. The key fob 
contains buttons to perform normal remote keyless door entry functions. 
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's submission is considered a complete petition as required by 49 
CFR 543.7, in that it meets the general requirements contained in Sec.  
543.5 and the specific content requirements of Sec.  543.6.
    In addressing the specific content requirements of 543.6, 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 
information on the specific tests it uses to validate the integrity, 
durability and reliability of the PASS-Key III+ device and believes 
that the device is reliable and durable since the components must 
operate as designed after each test. GM also 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. The PASS-Key III+ incorporates a higher level of 
electrical sophistication by utilizing an electronic key that is 
protected from electrical duplication.
    GM stated that the PASS-Key III+ device is designed to be active at 
all times without direct intervention by the vehicle operator. No 
separate intentional action to turn on the security system is needed to 
achieve protection. Activation of the device occurs when the operator 
pushes the engine Start/Stop switch to the ``OFF'' position. 
Deactivation of the immobilizer device occurs when a valid key and 
matching immobilization code is verified, allowing the engine to start 
and continue normal operations. When the operator pushes the Engine 
Start/Stop switch to begin vehicle operation, the vehicle transmits 
randomly generated data and a vehicle identifier within the passenger 
compartment of the vehicle through three low-frequency antennas that is 
controlled by the passive antenna module. The electronic key receives 
the data and compares its vehicle identifier with the identifier 
previously assigned to the vehicle. If the vehicle identifier matches 
the identifier of the vehicle for which the key is programmed, the 
electronic key will transmit a response through the RF channel to a 
vehicle mounted receiver. The PASS-Key III+ control module receives the 
RF transmission and compares the received response with an internally 
calculated response. If the values match, the key is recognized as 
valid and a password is then transmitted through a serial data link to 
the ECM to enable fueling and vehicle starting. If an invalid key code 
is detected, the system will not transmit a password to the ECM to 
allow operation of the vehicle. Additionally, if an invalid electronic 
key code is received, the vehicle will not be allowed to transition 
from the ``Off'' mode to the ``Accessory'', ``On'', or ``Start'' mode 
positions inhibiting starting, ignition, and fuel flow of the vehicle.
    GM further stated that the ignition key contains electronics which 
provides billions of possible electronic combinations. The electronics 
receive energy and data from the antenna module. Upon receipt of the 
data, and a vehicle indicator match, the electronic key will calculate 
a response to the data using an internal encryption algorithm and 
transmit the response back to the vehicle. The antenna module then 
translates the radio frequency signal received from the key into a 
digital signal and passes the signal on to the controller module. The 
controller module then compares the received response to an internally 
calculated value. If the values match, the key is recognized as valid 
and a password is transmitted through a serial data link to the ECM to 
enable fueling and vehicle starting. GM also stated that a secondary 
data challenge and response process using another encryption algorithm 
must be validated by the engine controller to allow continued 
operation. If an invalid key code is received, the PASS-Key III+ 
controller module will send a ``Disable Password'' to the engine 
control module and starting, ignition, and fuel flow will be inhibited.
    GM 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 
found in the AAMA's comments referencing the agency's Preliminary 
Report on ``Auto Theft and Recovery Effects of the Anti-Car Theft Act 
of 1992 and the Motor Vehicle Theft Law Enforcement Act of 1984'', 
(Docket 97-042; Notice 1).
    GM also noted that theft 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 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.
    GM stated that it believes that PASS-Key III+ devices will be at 
least as effective in deterring theft as the parts-marking requirements 
and that the agency should find that installation of the PASS-Key III+ 
device on the Chevrolet Volt vehicle line is sufficient to qualify it 
for full exemption from the parts-marking requirements.

[[Page 5644]]

    Based on the evidence submitted by GM, the agency believes that the 
antitheft device for the Chevrolet Volt 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).
    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. The agency concludes that the device will 
provide the 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.
    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 Chevrolet Volt 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.
    For the foregoing reasons, the agency hereby grants in full GM's 
petition for exemption for the Chevrolet Volt vehicle line from the 
parts-marking requirements of 49 CFR part 541 beginning with the 2018 
model year. 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 
1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-00977 Filed 1-17-17; 8:45 am]
 BILLING CODE 4910-59-P



                                                  5642                       Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices

                                                  between June 29, 2016 and October 10,                      (c) The tilt-lock function of the ELR is            duties found in sections 30118 and
                                                  2016 are potentially involved:                          compliant, and locks at angles greater                 30120, respectively, to notify owners,
                                                  • 2017 BMW X1 SAV (X1 sDrive28i, X1                     than 15-deg up to 41-deg when                          purchasers, and dealers of a defect or
                                                    xDrive28i)                                            subjected to the FMVSS No. 209 Section                 noncompliance and to remedy the
                                                  • 2017 BMW 5 Series Gran Turismo                        S4.3(j)(2) rollover requirements.                      defect or noncompliance. Therefore, any
                                                    (535i Gran Turismo, 535i xDrive Gran                     (d) The ELR also contains a voluntary               decision on this petition only applies to
                                                    Turismo, 550i xDrive Gran Turismo)                    webbing-sensitive locking mechanism                    the subject vehicles that BMW no longer
                                                  • 2016 BMW 5 Series (528i, 528i                         which provides crash and rollover                      controlled at the time it determined that
                                                    xDrive, 535i, 535i xDrive, 550i, 550i                 restraint performance comparable to the                the noncompliance existed. However,
                                                    xDrive, M5)                                           performance provided by an FMVSS No.                   any decision on this petition does not
                                                  • 2016 BMW 5 Series (535d, 535d                         209 compliant vehicle-sensitive locking                relieve vehicle distributors and dealers
                                                    xDrive)                                               mechanism.                                             of the prohibitions on the sale, offer for
                                                  • 2016 Mini Cooper Clubman and Mini                        (e) Crash test results comparing                    sale, or introduction or delivery for
                                                    Cooper S Clubman                                      FMVSS No. 209 S4.3(j)(2)(ii) compliant                 introduction into interstate commerce of
                                                  • Mini Hardtop 4-door Cooper and Mini                   ELRs and ELRs in which the vehicle-                    the noncompliant vehicles under their
                                                    Hardtop 4-door Cooper S                               sensitive locking mechanism has been                   control after BMW notified them that
                                                  • 2017 Rolls-Royce Ghost                                disabled (to demonstrate a ‘‘worst-case                the subject noncompliance existed.
                                                  III. Noncompliance                                      scenario’’, even though in affected
                                                                                                          vehicles the vehicle-sensitive                           Authority: 49 U.S.C. 30118, 30120:
                                                     BMW explains that the                                                                                       delegations of authority at 49 CFR 1.95 and
                                                                                                          mechanism remains functional)
                                                  noncompliance involves the Emergency                                                                           501.8.
                                                                                                          demonstrate comparable results
                                                  Locking Retractor (ELR) in the safety
                                                                                                          according to FMVSS No. 208                             Jeffrey M. Giuseppe,
                                                  belt assembly of the vehicle’s front left
                                                                                                          assessments.                                           Director, Office of Vehicle Safety Compliance.
                                                  seat. These ELRs are equipped with a                       Test results indicate that any
                                                  vehicle-sensitive locking mechanism                                                                            [FR Doc. 2017–01005 Filed 1–17–17; 8:45 am]
                                                                                                          performance differences are with
                                                  and a webbing-sensitive locking                         normal ‘‘data scatter’’ and are attributed
                                                                                                                                                                 BILLING CODE 4910–59–P
                                                  mechanism. The noncompliance                            to test tolerances.
                                                  specifically involves the vehicle-                         (f) Affected safety belt assemblies
                                                  sensitive locking mechanism, which                                                                             DEPARTMENT OF TRANSPORTATION
                                                                                                          comply with all other applicable
                                                  does not lock as designed when                          provisions of FMVSS No. 209.
                                                  subjected to the requirements of                                                                               National Highway Traffic Safety
                                                                                                             (g) NHTSA previously granted a                      Administration
                                                  paragraph S4.3(j)(2)(ii) of FMVSS No.                   petition from General Motors in which
                                                  209.                                                    the ELR’s vehicle-sensitive locking                    Petition for Exemption From the
                                                  IV. Rule Text                                           mechanism was completely non-                          Federal Motor Vehicle Theft Prevention
                                                                                                          functional, whereas the ELR’s vehicle-                 Standard; General Motors LLC
                                                    Paragraph S4.3 of FMVSS No. 209
                                                                                                          sensitive locking mechanism in the
                                                  states in pertinent part:                                                                                      AGENCY: National Highway Traffic
                                                                                                          affected BMW vehicles is functional, but
                                                    S4.3 Requirements for hardware . . .                  may experience a slight exceedance of                  Safety Administration, Department of
                                                    (j) Emergency-locking retractor . . .                 the FMVSS no. 209 S4.3(j)(2)(ii)                       Transportation (DOT).
                                                    (2) For seat belt assemblies manufactured
                                                                                                          requirement.                                           ACTION: Grant of petition for exemption.
                                                  on or after February 22, 2007 and for
                                                  manufacturers opting for early compliance.
                                                                                                             (h) BMW has not received any
                                                  An emergency-locking retractor of a Type 1              customer complaints related to this                    SUMMARY:   This document grants in full
                                                  or Type 2 seat belt assembly, when tested in            issue.                                                 the General Motors LLC’s (GM) petition
                                                  accordance with the procedures specified in                (i) BMW is not aware of any accidents               for an exemption of the Chevrolet Volt
                                                  paragraph S5.2(j)(2) . . .                              or injuries related to this issue.                     vehicle line in accordance with 49 CFR
                                                    (ii) Shall lock before the webbing payout                (j) Vehicle production has been                     part 543, Exemption from Vehicle Theft
                                                  exceeds the maximum limit of 25 mm when                 corrected.                                             Prevention Standard. This petition is
                                                  the retractor is subjected to an acceleration of           BMW concluded by expressing the                     granted because the agency has
                                                  0.7 g under the applicable test conditions of           belief that the subject noncompliance is
                                                  S5.2(j)(2)(iii)(A) or (B). The retractor is
                                                                                                                                                                 determined that the antitheft device to
                                                  determined to be locked when the webbing
                                                                                                          inconsequential as it relates to motor                 be placed on the line as standard
                                                  belt load tension is at least 35 N.                     vehicle safety, and that its petition to be            equipment is likely to be as effective in
                                                                                                          exempted from providing notification of                reducing and deterring motor vehicle
                                                  V. Summary of BMW’s Petition                            the noncompliance, as required by 49                   theft as compliance with the parts-
                                                    BMW described the subject                             U.S.C. 30118, and a remedy for the                     marking requirements of 49 CFR part
                                                  noncompliance and stated its belief that                noncompliance, as required by 49                       541, Federal Motor Vehicle Theft
                                                  the noncompliance is inconsequential                    U.S.C. 30120, should be granted.                       Prevention Standard (Theft Prevention
                                                  as it relates to motor vehicle safety.                     To view BMW’s petition, test data and               Standard).
                                                    In support of its petition, BMW                       analyses in its entirety you can visit
                                                  submitted the following reasoning:                      https://www.regulations.gov by                         DATES:  The exemption granted by this
                                                    (a) The vehicle-sensitive locking                     following the online instructions for                  notice is effective beginning with the
                                                  mechanism functions, but the non-                       accessing the dockets and by using the                 2018 model year (MY).
                                                  compliance involves a slight exceedance                 docket ID number for this petition                     FOR FURTHER INFORMATION CONTACT: Ms.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  of the FMVSS No. 209 Section                            shown in the heading of this notice.                   Deborah Mazyck, Office of International
                                                  S4.3(j)(2)(ii) requirement.                                NHTSA notes that the statutory                      Policy, Fuel Economy and Consumer
                                                    (b) The slight exceedance is such that,               provisions (49 U.S.C. 30118(d) and                     Programs, NHTSA, W43–443, 1200 New
                                                  based upon testing of non-compliant                     30120(h)) that permit manufacturers to                 Jersey Avenue SE., Washington, DC
                                                  units, the vehicle-sensitive locking                    file petitions for a determination of                  20590. Ms. Mazyck’s phone number is
                                                  mechanism locks at approximately 1.0g                   inconsequentiality allow NHTSA to                      (202) 366–4139. Her fax number is (202)
                                                  within 25mm, or at 0.7 g within 90mm.                   exempt manufacturers only from the                     493–2990.


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                                                                             Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices                                             5643

                                                  SUPPLEMENTARY INFORMATION:      In a                    also stated that the design and assembly               signal and passes the signal on to the
                                                  petition dated October 6, 2016, GM                      processes of the PASS-Key III+                         controller module. The controller
                                                  requested an exemption from the parts-                  subsystem and components are                           module then compares the received
                                                  marking requirements of the Theft                       validated for 10 years of vehicle life and             response to an internally calculated
                                                  Prevention Standard for the Chevrolet                   150,000 miles of performance. The                      value. If the values match, the key is
                                                  Volt vehicle line beginning with MY                     PASS-Key III+ incorporates a higher                    recognized as valid and a password is
                                                  2018. The petition requested an                         level of electrical sophistication by                  transmitted through a serial data link to
                                                  exemption from parts-marking pursuant                   utilizing an electronic key that is                    the ECM to enable fueling and vehicle
                                                  to 49 CFR part 543, Exemption from                      protected from electrical duplication.                 starting. GM also stated that a secondary
                                                  Vehicle Theft Prevention Standard,                         GM stated that the PASS-Key III+                    data challenge and response process
                                                  based on the installation of an antitheft               device is designed to be active at all                 using another encryption algorithm
                                                  device as standard equipment for the                    times without direct intervention by the               must be validated by the engine
                                                  entire vehicle line.                                    vehicle operator. No separate                          controller to allow continued operation.
                                                     Under 49 CFR part 543.5(a), a                        intentional action to turn on the security             If an invalid key code is received, the
                                                  manufacturer may petition NHTSA to                      system is needed to achieve protection.                PASS-Key III+ controller module will
                                                  grant an exemption for one vehicle line                 Activation of the device occurs when                   send a ‘‘Disable Password’’ to the engine
                                                  per model year. In its petition, GM                     the operator pushes the engine Start/                  control module and starting, ignition,
                                                  provided a detailed description and                     Stop switch to the ‘‘OFF’’ position.                   and fuel flow will be inhibited.
                                                  diagram of the identity, design, and                    Deactivation of the immobilizer device                    GM stated that the PASS-Key III+
                                                  location of the components of the                       occurs when a valid key and matching                   device has been designed to enhance the
                                                  antitheft device for the MY 2018                        immobilization code is verified,                       functionality and theft protection
                                                  Chevrolet Volt vehicle line. GM stated                  allowing the engine to start and                       provided by its first, second and third
                                                  that its Chevrolet Volt vehicle line will               continue normal operations. When the                   generation PASS-Key, PASS-Key II, and
                                                  be installed with the PASS-Key III+                     operator pushes the Engine Start/Stop                  PASS-Key III devices. GM also
                                                  antitheft device as standard equipment.                 switch to begin vehicle operation, the                 referenced data provided by the
                                                  The PASS-Key III+ is a passive,                         vehicle transmits randomly generated                   American Automobile Manufacturers
                                                  transponder based, electronic engine                    data and a vehicle identifier within the               Association (AAMA) in support of the
                                                  immobilizer antitheft device. GM stated                 passenger compartment of the vehicle                   effectiveness of GM’s PASS-Key devices
                                                  that a keyless ignition system will be                  through three low-frequency antennas                   in reducing and deterring motor vehicle
                                                  installed on its Chevrolet Volt vehicle                 that is controlled by the passive antenna              theft found in the AAMA’s comments
                                                  line. Key components of its PASS-Key                    module. The electronic key receives the                referencing the agency’s Preliminary
                                                  III+ system will include an                             data and compares its vehicle identifier               Report on ‘‘Auto Theft and Recovery
                                                  electronically-coded ignition key, a                    with the identifier previously assigned
                                                                                                                                                                 Effects of the Anti-Car Theft Act of 1992
                                                  body control module (BCM) with                          to the vehicle. If the vehicle identifier
                                                                                                                                                                 and the Motor Vehicle Theft Law
                                                  integrated PASS-Key III+ controller,                    matches the identifier of the vehicle for
                                                                                                                                                                 Enforcement Act of 1984’’, (Docket 97–
                                                  engine control module (ECM),                            which the key is programmed, the
                                                                                                                                                                 042; Notice 1).
                                                  immobilizer exciter module, radio                       electronic key will transmit a response
                                                  frequency (RF) receiver module, passive                 through the RF channel to a vehicle                       GM also noted that theft data have
                                                  antenna module and low frequency                        mounted receiver. The PASS-Key III+                    indicated a decline in theft rates for
                                                  antennas (LF). The electronic key is                    control module receives the RF                         vehicle lines equipped with comparable
                                                  incorporated within a remote key fob.                   transmission and compares the received                 devices that have received full
                                                  The key fob contains buttons to perform                 response with an internally calculated                 exemptions from the parts-marking
                                                  normal remote keyless door entry                        response. If the values match, the key is              requirements. GM stated that the theft
                                                  functions. GM stated that the device                    recognized as valid and a password is                  data, as provided by the Federal Bureau
                                                  will provide protection against                         then transmitted through a serial data                 of Investigation’s National Crime
                                                  unauthorized use (i.e., starting and                    link to the ECM to enable fueling and                  Information Center (NCIC) and
                                                  engine fueling), but will not provide any               vehicle starting. If an invalid key code               compiled by the agency, show that theft
                                                  visible or audible indication of                        is detected, the system will not transmit              rates are lower for exempted GM models
                                                  unauthorized vehicle entry (i.e., flashing              a password to the ECM to allow                         equipped with the PASS-Key like
                                                  lights or horn alarm).                                  operation of the vehicle. Additionally, if             systems than the theft rates for earlier
                                                     GM’s submission is considered a                      an invalid electronic key code is                      models with similar appearance and
                                                  complete petition as required by 49 CFR                 received, the vehicle will not be allowed              construction that were parts-marked.
                                                  543.7, in that it meets the general                     to transition from the ‘‘Off’’ mode to the             Based on the performance of the PASS-
                                                  requirements contained in § 543.5 and                   ‘‘Accessory’’, ‘‘On’’, or ‘‘Start’’ mode               Key, PASS-Key II, and PASS-Key III
                                                  the specific content requirements of                    positions inhibiting starting, ignition,               devices on other GM models, and the
                                                  § 543.6.                                                and fuel flow of the vehicle.                          advanced technology utilized in PASS-
                                                     In addressing the specific content                      GM further stated that the ignition key             Key III+, GM believes that the PASS-Key
                                                  requirements of 543.6, GM provided                      contains electronics which provides                    III+ device will be more effective in
                                                  information on the reliability and                      billions of possible electronic                        deterring theft than the parts-marking
                                                  durability of its proposed device. To                   combinations. The electronics receive                  requirements of 49 CFR part 541.
                                                  ensure reliability and durability of the                energy and data from the antenna                          GM stated that it believes that PASS-
                                                  device, GM conducted tests based on its                 module. Upon receipt of the data, and                  Key III+ devices will be at least as
mstockstill on DSK3G9T082PROD with NOTICES




                                                  own specified standards. GM provided                    a vehicle indicator match, the electronic              effective in deterring theft as the parts-
                                                  information on the specific tests it uses               key will calculate a response to the data              marking requirements and that the
                                                  to validate the integrity, durability and               using an internal encryption algorithm                 agency should find that installation of
                                                  reliability of the PASS-Key III+ device                 and transmit the response back to the                  the PASS-Key III+ device on the
                                                  and believes that the device is reliable                vehicle. The antenna module then                       Chevrolet Volt vehicle line is sufficient
                                                  and durable since the components must                   translates the radio frequency signal                  to qualify it for full exemption from the
                                                  operate as designed after each test. GM                 received from the key into a digital                   parts-marking requirements.


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                                                  5644                       Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices

                                                     Based on the evidence submitted by                     If GM decides not to use the                         Devices and Associated Equipment. GM
                                                  GM, the agency believes that the                        exemption for this line, it should                     has filed a noncompliance report dated
                                                  antitheft device for the Chevrolet Volt                 formally notify the agency. If such a                  March 2, 2015. GM also petitioned
                                                  vehicle line is likely to be as effective               decision is made, the line must be fully               NHTSA on March 24, 2015, for a
                                                  in reducing and deterring motor vehicle                 marked according to the requirements                   decision that the subject noncompliance
                                                  theft as compliance with the parts-                     under 49 CFR parts 541.5 and 541.6                     is inconsequential as it relates to motor
                                                  marking requirements of the Theft                       (marking of major component parts and                  vehicle safety.
                                                  Prevention Standard (49 CFR 541).                       replacement parts).                                    ADDRESSES: For further information on
                                                     GM’s proposed device lacks an                          NHTSA notes that if GM wishes in the                 the decision contact Mike Cole, Office of
                                                  audible or visible alarm. Therefore, this               future to modify the device on which                   Vehicle Safety Compliance, the National
                                                  device cannot perform one of the                        this exemption is based, the company                   Highway Traffic Safety Administration
                                                  functions listed in 49 CFR part                         may have to submit a petition to modify                (NHTSA), telephone (202) 366–5319,
                                                  543.6(a)(3), that is, to call attention to              the exemption. Part 543.7(d) states that               facsimile (202) 366–3081.
                                                  unauthorized attempts to enter or move                  a part 543 exemption applies only to
                                                                                                                                                                 SUPPLEMENTARY INFORMATION:
                                                  the vehicle. The agency concludes that                  vehicles that belong to a line exempted
                                                  the device will provide the four of the                 under this part and equipped with the                  I. Overview
                                                  five types of performance listed in                     antitheft device on which the line’s
                                                                                                                                                                    General Motors, LLC, (GM) has
                                                  § 543.6(a)(3): Promoting activation;                    exemption is based. Further, part
                                                                                                          543.9(c)(2) provides for the submission                determined that certain model year
                                                  preventing defeat or circumvention of                                                                          (MY) 2012–2015 Chevrolet Sonic
                                                  the device by unauthorized persons;                     of petitions ‘‘to modify an exemption to
                                                                                                          permit the use of an antitheft device                  passenger cars do not fully comply with
                                                  preventing operation of the vehicle by                                                                         paragraph S6.5.3.4.1 of Federal Motor
                                                  unauthorized entrants; and ensuring the                 similar to but differing from the one
                                                                                                          specified in that exemption.’’                         Vehicle Safety Standard (FMVSS) No.
                                                  reliability and durability of the device.                                                                      108, Lamps, Reflective Devices and
                                                                                                            The agency wishes to minimize the
                                                     Pursuant to 49 U.S.C. 33106 and 49                                                                          Associated Equipment. GM has filed a
                                                                                                          administrative burden that part
                                                  CFR 543.7(b), the agency grants a                                                                              noncompliance report dated March 2,
                                                                                                          543.9(c)(2) could place on exempted
                                                  petition for exemption from the parts-                                                                         2015, pursuant to 49 CFR part 573,
                                                                                                          vehicle manufacturers and itself. The
                                                  marking requirements of part 541 either                                                                        Defect and Noncompliance
                                                                                                          agency did not intend in drafting part
                                                  in whole or in part, if it determines that,                                                                    Responsibility and Reports. GM also
                                                                                                          543 to require the submission of a
                                                  based upon substantial evidence, the                                                                           petitioned NHTSA on March 24, 2015,
                                                                                                          modification petition for every change
                                                  standard equipment antitheft device is                                                                         pursuant to 49 U.S.C. 30118(d) and
                                                                                                          to the components or design of an
                                                  likely to be as effective in reducing and                                                                      30120(h) (see implementing rule at 49
                                                                                                          antitheft device. The significance of
                                                  deterring motor vehicle theft as                                                                               CFR part 556) for an exemption from the
                                                                                                          many such changes could be de
                                                  compliance with the parts-marking                                                                              notification and remedy requirements of
                                                                                                          minimis. Therefore, NHTSA suggests
                                                  requirements of part 541. The agency                                                                           49 U.S.C. Chapter 301 on the basis that
                                                                                                          that if the manufacturer contemplates
                                                  finds that GM has provided adequate                                                                            this noncompliance is inconsequential
                                                                                                          making any changes, the effects of
                                                  reasons for its belief that the antitheft                                                                      to motor vehicle safety.
                                                                                                          which might be characterized as de
                                                  device for the Chevrolet Volt vehicle                                                                             Notice of receipt of the GM petition
                                                                                                          minimis, it should consult the agency
                                                  line is likely to be as effective in                                                                           was published, with a 30-day public
                                                                                                          before preparing and submitting a
                                                  reducing and deterring motor vehicle                                                                           comment period, on May 12, 2015, in
                                                                                                          petition to modify.
                                                  theft as compliance with the parts-                                                                            the Federal Register (80 FR 27229). No
                                                  marking requirements of the Theft                         Issued in Washington, DC, under authority            comments were received. To view the
                                                  Prevention Standard (49 CFR part 541).                  delegated in 49 CFR 1.95.
                                                                                                                                                                 petition and all supporting documents
                                                  This conclusion is based on the                         Raymond R. Posten,
                                                                                                                                                                 log onto the Federal Docket
                                                  information GM provided about its                       Associate Administrator for Rulemaking.                Management System (FDMS) Web site
                                                  device.                                                 [FR Doc. 2017–00977 Filed 1–17–17; 8:45 am]            at: http://www.regulations.gov/. Then
                                                     For the foregoing reasons, the agency                BILLING CODE 4910–59–P                                 follow the online search instructions to
                                                  hereby grants in full GM’s petition for                                                                        locate docket number ‘‘NHTSA–2015–
                                                  exemption for the Chevrolet Volt                                                                               0035.’’
                                                  vehicle line from the parts-marking                     DEPARTMENT OF TRANSPORTATION
                                                  requirements of 49 CFR part 541                                                                                II. Vehicles Involved
                                                                                                          National Highway Traffic Safety
                                                  beginning with the 2018 model year.                                                                              Affected are approximately 310,243
                                                                                                          Administration
                                                  The agency notes that 49 CFR part 541,                                                                         MY 2012–2015 Chevrolet Sonic
                                                  Appendix A–1, identifies those lines                    [Docket No. NHTSA–2015–0035; Notice 2]                 passenger cars manufactured between
                                                  that are exempted from the Theft                                                                               May 5, 2011 and February 4, 2015.
                                                  Prevention Standard for a given model                   General Motors, LLC, Grant of Petition
                                                                                                          for Decision of Inconsequential                        III. Noncompliance:
                                                  year. 49 CFR part 543.7(f) contains
                                                  publication requirements incident to the                Noncompliance                                             GM explains that the noncompliance
                                                  disposition of all part 543 petitions.                  AGENCY: National Highway Traffic                       is that the high-beam headlamp lenses
                                                  Advanced listing, including the release                 Safety Administration (NHTSA),                         on the subject vehicles are not marked
                                                  of future product nameplates, the                       Department of Transportation (DOT)                     with ‘‘HB3’’ (the HB bulb type) as
                                                  beginning model year for which the                                                                             required by paragraph S6.5.3.4.1 of
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          ACTION: Grant of petition
                                                  petition is granted and a general                                                                              FMVSS No. 108.
                                                  description of the antitheft device is                  SUMMARY:  General Motors, LLC, (GM)                    IV. Rule Text
                                                  necessary in order to notify law                        has determined that certain model year
                                                  enforcement agencies of new vehicle                     (MY) 2012–2015 Chevrolet Sonic                           Paragraph S6.5.3.4.1 of FMVSS No.
                                                  lines exempted from the parts-marking                   passenger cars do not fully comply with                108 requires in pertinent part:
                                                  requirements of the Theft Prevention                    Federal Motor Vehicle Safety Standard                    S6.5.3.4.1 The lens of each replaceable
                                                  Standard.                                               (FMVSS) No. 108, Lamps, Reflective                     bulb headlamp must bear permanent marking



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Document Created: 2018-02-01 15:19:35
Document Modified: 2018-02-01 15:19:35
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 2018 model year (MY).
ContactMs. Deborah Mazyck, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, W43- 443, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's phone number is (202) 366-4139. Her fax number is (202) 493-2990.
FR Citation82 FR 5642 

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