83 FR 22749 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Ford Motor Company

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 95 (May 16, 2018)

Page Range		22749-22751
FR Document		2018-10429

This document grants in full the Ford Motor Company's (Ford) petition for an exemption of the Lincoln Nautilus vehicle line in accordance with 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). Ford also requested confidential treatment for specific information in its petition. Therefore, no confidential information provided for purposes of this notice has been disclosed.

Federal Register, Volume 83 Issue 95 (Wednesday, May 16, 2018)

[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Notices]
[Pages 22749-22751]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10429]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Ford Motor Company

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

ACTION: Grant of petition for exemption.

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

SUMMARY: This document grants in full the Ford Motor Company's (Ford) 
petition for an exemption of the Lincoln Nautilus vehicle line in 
accordance with 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

[[Page 22750]]

Standard. (Theft Prevention Standard). Ford also requested confidential 
treatment for specific information in its petition. Therefore, no 
confidential information provided for purposes of this notice has been 
disclosed.

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

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, West 
Building, W43-439, NRM-310, 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 February 6, 2018, Ford 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for the Lincoln Nautilus vehicle line beginning 
with MY 2019. The petition requested 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, Ford provided a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device for its Lincoln Nautilus vehicle line. Ford stated that the 
Lincoln Nautilus will be installed with its Intelligent Access with 
Push Button Start (IAwPB) system as standard equipment on the entire 
vehicle line. The IAwPB system is a passive, electronic engine 
immobilizer device that uses encrypted transponder technology. Key 
components of the IAwPB device will include an Intelligent Access 
electronic Push-Button Start key fob, keyless ignition system, radio 
transceiver module, body control module (BCM), powertrain control 
module (PCM) and a passive immobilizer. Ford further stated that its 
Lincoln Nautilus vehicle line will also be offered with a perimeter 
alarm system as standard equipment which will activate a visible and 
audible alarm whenever unauthorized access is attempted.
    Ford stated that the device's integration of the transponder into 
the normal operation of the ignition key assures activation of the 
system. Ford also stated that its system is automatically activated 
when the ``StartStop'' button is pressed, shutting off the engine. Ford 
stated that the device is deactivated when a start sequence is 
completed and engine start is successful. Ford further stated that the 
vehicle engine can only be started when the key is present in the 
vehicle and the ``StartStop'' button inside the vehicle is pressed. 
Ford stated that when the ``StartStop'' button is pressed, the 
transceiver module will read a key code and transmit an encrypted 
message to the control module to determine key validity and engine 
start by sending a separate encrypted message to the BCM and the PCM. 
The powertrain will function only if the key code matches the unique 
identification key code previously programmed into the BCM. Ford stated 
that the two modules must be matched together in order for the vehicle 
to start. If the codes do not match, the powertrain engine will be 
inoperable. Ford further stated that any attempt to operate the vehicle 
without transmission of the correct code to the electronic control 
(i.e., short circuiting the ``StartStop'' button) module will be 
ineffective.
    Ford'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, Ford 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, Ford 
conducted tests based on its own specified standards. Ford provided a 
detailed list of the tests conducted and believes that the device is 
reliable and durable since the device complied with its own specified 
requirements for each test.
    Ford stated that incorporation of several features in the device 
further support the reliability and durability of the device. 
Specifically, some of those features include: Encrypted communication 
between the transponder, BCM control function and the PCM; virtually 
impossible key duplication; and shared security data between the body 
control module/remote function actuator and the powertrain control 
module. Additionally, Ford stated that its antitheft device has no 
moving parts (i.e., BCM, PCM, and electrical components) to perform 
system functions which eliminate the possibility for physical damage or 
deterioration from normal use; and mechanically overriding the device 
to start the vehicle is also impossible.
    Ford stated that its MY 2019 Lincoln Nautilus vehicle line will 
also be equipped with several other standard antitheft features common 
to Ford vehicles, (i.e., hood release located inside the vehicle, 
counterfeit resistant VIN labels, secondary VINs, and cabin 
accessibility only with the use of a valid key fob).
    Ford stated that it believes that the standard installation of its 
IAwPB device would be an effective deterrent against vehicle theft and 
compared its proposed device with other antitheft devices which NHTSA 
has determined to be as effective in reducing and deterring motor 
vehicle theft as would compliance with the parts-marking requirements.
    Ford stated that the antitheft device was installed on all MY 1996 
Ford Mustang GT and Cobra models as well as other selected models. Ford 
also stated that on its 1997 models, the installation of its antitheft 
device was extended to the entire Ford Mustang vehicle line as standard 
equipment and that according to the National Insurance Crime Bureau 
(NICB) theft statistics, MY 1997 Mustangs installed with the antitheft 
device showed a 70% reduction in theft rate compared to its MY 1995 
Mustangs without an antitheft device.
    Ford further stated that the proposed antitheft device is very 
similar to the system that was offered on its MY 2016 Lincoln MKX 
vehicle line. The Lincoln MKX vehicle line was granted a parts-marking 
exemption on November 25, 2014 by NHTSA (See 79 FR 70276) beginning 
with its MY 2016 vehicles. The agency notes that current theft rate 
data for the Lincoln MKX vehicle line for MYs 2012 through 2014 are 
0.5841, 0.5724 and 0.5276 respectively.
    Ford also reported that beginning with MY 2010, its antitheft 
device was installed as standard equipment on all of its North American 
Ford, Lincoln and Mercury vehicles but was offered as optional 
equipment on its 2010 F-series Super Duty pickups, Econoline and 
Transit Connect vehicles. Ford further stated that beginning with MY 
2010, the IAwPB device was installed as standard equipment on its 
Lincoln MKT vehicles. In MY 2011, the device was offered as standard 
equipment on its Lincoln MKX vehicle line, and as an option on the 
Lincoln MKS, Ford Taurus, Edge, Explorer and Focus vehicles. Beginning 
with MY 2013, the device was offered as standard equipment on the 
Lincoln MKZ and optionally on the Ford Fusion, C-Max and Escape 
vehicles.
    Ford referenced the agency's published theft rate data for the 
Lincoln MKX vehicles and stated that the Lincoln Nautilus will use the 
IAwPB device similar to the design and architecture of the Lincoln MKX. 
Ford

[[Page 22751]]

also stated that the Lincoln Nautilus is comparably similar to the Ford 
Escape in vehicle segment, size and equipment.
    The agency agrees that the device is substantially similar to 
devices installed on other vehicle lines for which the agency has 
already granted exemptions.
    Based on the supporting evidence submitted by Ford on the device, 
the agency believes that the antitheft device for the Lincoln Nautilus 
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).
    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 Ford has provided adequate reasons for its belief that the 
antitheft device for the Lincoln Nautilus 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 
Ford provided about its device.
    The agency concludes that the device will provide the five types of 
performance listed in Sec.  543.6(a)(3): Promoting activation; 
attracting attention to the efforts of unauthorized persons to enter or 
operate a vehicle by means other than a key; preventing defeat or 
circumvention of the device by unauthorized persons; preventing 
operation of the vehicle by unauthorized entrants; and ensuring the 
reliability and durability of the device.
    For the foregoing reasons, the agency hereby grants in full Ford's 
petition for exemption for the Lincoln Nautilus vehicle line from the 
parts-marking requirements of 49 CFR part 541. The agency notes that 49 
CFR part 541, Appendix A-1, identifies those lines that are exempted 
from the Theft Prevention Standard for a given model year. 49 CFR part 
543.7(f) contains publication requirements incident to the disposition 
of all part 543 petitions. Advanced listing, including the release of 
future product nameplates, the beginning model year for which the 
petition is granted and a general description of the antitheft device 
is necessary in order to notify law enforcement agencies of new vehicle 
lines exempted from the parts-marking requirements of the Theft 
Prevention Standard.
    If Ford decides not to use the exemption for this line, it must 
formally notify the agency. If such a decision is made, the line must 
be fully marked according to the requirements under 49 CFR parts 541.5 
and 541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if Ford 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 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2018-10429 Filed 5-15-18; 8:45 am]
 BILLING CODE 4910-59-P

Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices 22751

also stated that the Lincoln Nautilus is lines exempted from the parts-marking DATES:The meeting will be held
comparably similar to the Ford Escape requirements of the Theft Prevention Thursday, May 31, 2018.
in vehicle segment, size and equipment. Standard.
The agency agrees that the device is FOR FURTHER INFORMATION CONTACT: Lisa
If Ford decides not to use the
substantially similar to devices installed Billups at 1–888–912–1227 or (214)
exemption for this line, it must formally
on other vehicle lines for which the 413–6523.
notify the agency. If such a decision is
agency has already granted exemptions. made, the line must be fully marked SUPPLEMENTARY INFORMATION: Notice is
Based on the supporting evidence according to the requirements under 49 hereby given pursuant to Section
submitted by Ford on the device, the CFR parts 541.5 and 541.6 (marking of 10(a)(2) of the Federal Advisory
agency believes that the antitheft device major component parts and replacement Committee Act, 5 U.S.C. App. (1988)
for the Lincoln Nautilus vehicle line is parts). that an open meeting of the Taxpayer
likely to be as effective in reducing and NHTSA notes that if Ford wishes in Advocacy Panel Joint Committee will be
deterring motor vehicle theft as the future to modify the device on held Thursday, May 31, 2018, at 1:00
compliance with the parts-marking which this exemption is based, the p.m. Eastern Time via teleconference.
requirements of the Theft Prevention company may have to submit a petition The public is invited to make oral
Standard (49 CFR part 541). to modify the exemption. Part 543.7(d) comments or submit written statements
Pursuant to 49 U.S.C. 33106 and 49 states that a part 543 exemption applies for consideration. For more information
CFR 543.7 (b), the agency grants a only to vehicles that belong to a line please contact Lisa Billups at 1–888–
petition for exemption from the parts- exempted under this part and equipped 912–1227 or (214) 413–6523, or write
marking requirements of part 541 either with the antitheft device on which the TAP Office 1114 Commerce Street,
in whole or in part, if it determines that, line’s exemption is based. Further, part Dallas, TX 75242–1021, or post
based upon substantial evidence, the 543.9(c)(2) provides for the submission comments to the website: http://
standard equipment antitheft device is of petitions ‘‘to modify an exemption to www.improveirs.org.
likely to be as effective in reducing and permit the use of an antitheft device
deterring motor vehicle theft as The agenda will include various
similar to but differing from the one committee issues for submission to the
compliance with the parts-marking
specified in that exemption.’’ IRS and other TAP related topics. Public
requirements of part 541. The agency
The agency wishes to minimize the input is welcomed.
finds that Ford has provided adequate
administrative burden that part
reasons for its belief that the antitheft Dated: May 10, 2018.
543.9(c)(2) could place on exempted
device for the Lincoln Nautilus vehicle Antoinette Ross,
vehicle manufacturers and itself. The
line is likely to be as effective in Acting Director, Taxpayer Advocacy Panel.
agency did not intend in drafting part
reducing and deterring motor vehicle
543 to require the submission of a [FR Doc. 2018–10481 Filed 5–15–18; 8:45 am]
theft as compliance with the parts-
modification petition for every change BILLING CODE 4830–01–P
marking requirements of the Theft
to the components or design of an
Prevention Standard (49 CFR part 541).
This conclusion is based on the antitheft device. The significance of
many such changes could be de DEPARTMENT OF THE TREASURY
information Ford provided about its
device. minimis. Therefore, NHTSA suggests
that if the manufacturer contemplates Office of the Secretary
The agency concludes that the device
will provide the five types of making any changes, the effects of
List of Countries Requiring
performance listed in § 543.6(a)(3): which might be characterized as de
Cooperation With an International
Promoting activation; attracting minimis, it should consult the agency
Boycott
attention to the efforts of unauthorized before preparing and submitting a
persons to enter or operate a vehicle by petition to modify. In accordance with section 999(a)(3)
means other than a key; preventing Issued in Washington, DC, under authority of the Internal Revenue Code of 1986,
defeat or circumvention of the device by delegated in 49 CFR part 1.95 and 501.8. the Department of the Treasury is
unauthorized persons; preventing Raymond R. Posten, publishing a current list of countries
operation of the vehicle by Associate Administrator for Rulemaking. which require or may require
unauthorized entrants; and ensuring the [FR Doc. 2018–10429 Filed 5–15–18; 8:45 am] participation in, or cooperation with, an
reliability and durability of the device. BILLING CODE 4910–59–P international boycott (within the
For the foregoing reasons, the agency meaning of section 999(b)(3) of the
hereby grants in full Ford’s petition for Internal Revenue Code of 1986).
exemption for the Lincoln Nautilus
DEPARTMENT OF THE TREASURY On the basis of the best information
vehicle line from the parts-marking
currently available to the Department of
requirements of 49 CFR part 541. The
Internal Revenue Service the Treasury, the following countries
agency notes that 49 CFR part 541,
require or may require participation in,
Appendix A–1, identifies those lines
Open Meeting of the Taxpayer or cooperation with, an international
that are exempted from the Theft
Advocacy Panel Joint Committee: boycott (within the meaning of section
Prevention Standard for a given model
Change 999(b)(3) of the Internal Revenue Code
year. 49 CFR part 543.7(f) contains
of 1986).
publication requirements incident to the AGENCY: Internal Revenue Service (IRS),
disposition of all part 543 petitions. Iraq
sradovich on DSK3GMQ082PROD with NOTICES

Treasury.
Advanced listing, including the release Kuwait
ACTION: Notice of meeting: change. Lebanon
of future product nameplates, the
Libya
beginning model year for which the SUMMARY: In the Federal Register notice Qatar
petition is granted and a general that was originally published on May 4, Saudi Arabia
description of the antitheft device is 2018, the meeting date has changed. The Syria
necessary in order to notify law correct date of the meeting is Thursday, United Arab Emirates
enforcement agencies of new vehicle May 31, 2018. Yemen

VerDate Sep<11>2014 17:34 May 15, 2018 Jkt 244001 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 E:\FR\FM\16MYN1.SGM 16MYN1

Document Created: 2018-11-02 09:13:24
Document Modified: 2018-11-02 09:13:24

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Grant of petition for exemption.
Dates		The exemption granted by this notice is effective beginning with the 2019 model year (MY).
Contact		Ms. Carlita Ballard, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, West Building, W43-439, NRM-310, 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		83 FR 22749

83 FR 22749 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Ford Motor Company

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 83, Issue 95 (May 16, 2018)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration