[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Notices]
[Pages 16040-16042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05760]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; Jaguar Land Rover North America Llc
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
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SUMMARY: This document grants in full the Jaguar Land Rover North
America LLC's, (Jaguar) petition for an exemption of the F-Type vehicle
line in accordance with 49 CFR Part 543, Exemption from the Theft
Prevention Standard. This petition is granted because the agency has
determined that the antitheft device to be placed on the line as
standard equipment is likely to be as effective in reducing and
deterring motor vehicle theft as compliance with the parts-marking
requirements of the Theft Prevention Standard (49 CFR Part 541).
DATES: The exemption granted by this notice is effective beginning with
model year (MY) 2014.
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.
SUPPLEMENTARY INFORMATION: In a petition dated November 16, 2012,
Jaguar requested an exemption from the parts-marking requirements of
the Theft Prevention Standard (49 CFR Part 541) for the MY 2014 Jaguar
F-Type vehicle line. 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 an entire vehicle line.
Under Sec. 543.5(a), a manufacturer may petition NHTSA to grant an
exemption for one vehicle line per model year. In its petition, Jaguar
provided a detailed description and diagram of the identity, design,
and location of the components of the antitheft device for the F-Type
vehicle line. Jaguar stated that the F-Type vehicles will be equipped
with a passive, transponder based, electronic engine immobilizer device
as standard equipment beginning with the 2014 model year. Key
components of its antitheft device will include a power train control
module (PCM), instrument cluster, body control module (BCM), remote
frequency receiver, Immobilizer Antenna Unit, Smart Key and door
control units. Jaguar stated that its antitheft device will also
include an audible and visual perimeter alarm system as standard
equipment. Jaguar stated that the perimeter alarm can be armed with the
Smart Key or programmed to be passively armed. The siren will sound and
the vehicle's exterior lights will flash if unauthorized entry is
attempted by opening the hood, doors or luggage compartment. Jaguar'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.
The immobilizer device is automatically armed when the Smart Key is
removed from the vehicle. Jaguar stated that the Smart key is
programmed and synchronized to the vehicle through the means of an
identification key code and a randomly generated secret code that are
unique to each vehicle.
Jaguar stated that there are three methods to its antitheft device
operation. Method one consists of automatic detection of the Smart Key
via a remote frequency challenge response sequence. Specifically, when
the driver approaches the vehicle and pulls the driver's door handle
following authentication of the correct Smart Key, the doors will
unlock. When the ignition start button is pressed, a search to find and
authenticate the Smart Key commences within the vehicle interior. If
successful, this information is passed by a coded data transfer to the
BCM via the Remote Function Actuator. The
[[Page 16041]]
BCM in turn, will pass the ``valid key'' status to the instrument
cluster, via a coded data transfer. The BCM sends the key valid message
to the PCM which initiates a coded data transfer authorizing the engine
to start. Method two consists of unlocking the vehicle with the Smart
Key unlock button. As the driver approaches the vehicle, the Smart Key
unlock button is pressed and the doors will unlock. Once the driver
presses the ignition start button, the operation process is the same as
method one. Method three involves using the emergency key blade. If the
Smart Key has a discharged battery or is damaged, there is an emergency
key blade that can be removed from the Smart Key and used to unlock the
doors. On pressing the ignition start button, a search is commenced in
order to find and authenticate the Smart Key within the vehicle
interior. If successful, the Smart Key needs to be docked. Once the
Smart Key is placed in the correct position, and the ignition start
button is pressed again, the BCM and Smart key enter a coded data
exchange via the Immobilizer Antenna Unit. The BCM in turn, passes the
valid key status to the instrument cluster, via the Immobilizer Antenna
Unit. The BCM then sends the key valid message to the PCM which
initiates a coded data transfer. If successful, the engine will then be
authorized to start the vehicle.
In addressing the specific content requirements of 543.6, Jaguar
provided information on the reliability and durability of its proposed
device. To ensure reliability and durability of the device, Jaguar
conducted tests based on its own specified standards. Jaguar provided a
detailed list of the tests conducted (i.e., temperature and humidity
cycling, high and low temperature cycling, mechanical shock, random
vibration, thermal stress/shock tests, material resistance tests, dry
heat, dust and fluid ingress tests). Jaguar stated that it believes
that its device is reliable and durable because it complied with
specified requirements for each test. Additionally, Jaguar stated that
the key recognition sequence includes in excess of a billion code
combinations which include encrypted data that are secure against
copying. Jaguar also stated that the coded data transfer between the
BCM and the PCM modules use a unique secure identifier, a random number
and a secure public algorithm. Furthermore, Jaguar stated that since
the F-Type vehicle line will utilize push button vehicle ignition, it
does not have a conventional mechanical key barrel. Therefore, there
will be no means of forcibly bypassing the key-locking system.
Jaguar stated that the F-Type is a new vehicle line, therefore no
theft data is available. Also, Jaguar stated that the immobilizer is
substantially similar to the antitheft device installed on the Jaguar
XK, Jaguar XJ, Land Rover LR2 and Land Rover Evoque. Jaguar stated that
based on MY 2010 theft information published by NHTSA, the Jaguar Land
Rover vehicles equipped with immobilizers had a combined theft rate of
0.60 per thousand vehicles, which is below NHTSA's overall theft rate
of 1.17 thefts per thousand. The theft rates for the Jaguar XK, XJ and
Land Rover LR2 are 0.9099, 0.0000 and 0.0000, respectively. Theft rate
data is not available for the Land Rover Evoque. Jaguar believes these
low theft rates demonstrate the effectiveness of the immobilizer
device. Additionally, Jaguar notes a Highway Loss Data Institute news
release (July 19, 2000) showing approximately a 50% reduction in theft
for vehicles installed with an immobilizer device.
Based on the supporting evidence submitted by Jaguar on the device,
the agency believes that the antitheft device for the F-Type 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). The agency concludes that
the device will provide the five types of performance listed in Sec.
543.6(a)(3): Promoting activation; attract attention to the efforts of
an unauthorized person to enter or move 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.
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 Jaguar has provided adequate reasons for its belief that the
antitheft device for the Jaguar F-Type 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 Jaguar
provided about its device.
For the foregoing reasons, the agency hereby grants in full
Jaguar's petition for exemption for the Jaguar F-Type 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 Jaguar 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 541.5 and
541.6 (marking of major component parts and replacement parts).
NHTSA notes that if Jaguar 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. Section 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, Sec. 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 Sec.
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.
Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR
1.50.
[[Page 16042]]
Issued on: March 7, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking .
[FR Doc. 2013-05760 Filed 3-12-13; 8:45 am]
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