[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Pages 5410-5413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01603]
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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.
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SUMMARY: This document grants in full the Ford Motor Company (Ford)
petition for exemption from the Federal Motor Vehicle Theft Prevention
Standard (theft prevention standard) for its Mustang Mach-E vehicle
line beginning in model year (MY) 2024. The 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. 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 2024 model year.
FOR FURTHER INFORMATION CONTACT: 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: Under 49 U.S.C. chapter 331, the Secretary
of Transportation (and the National Highway Traffic Safety
Administration (NHTSA) by delegation) is required to promulgate a theft
prevention standard to provide for the identification of certain motor
vehicles and their major replacement parts to impede motor vehicle
theft. NHTSA promulgated regulations at 49 CFR part 541 (theft
prevention standard) to require parts-marking for specified passenger
motor vehicles and light trucks. Pursuant to 49 U.S.C. 33106,
manufacturers that are subject to the parts-marking requirements may
petition the Secretary of Transportation for an exemption for a line of
passenger motor vehicles equipped with an antitheft device as standard
equipment that the Secretary decides is likely to be as effective in
reducing and deterring motor vehicle theft as compliance with the
parts-marking requirements. In accordance with this statute, NHTSA
promulgated 49 CFR part 543, which establishes the process through
which manufacturers may seek an exemption from the theft prevention
standard.
49 CFR 543.5 provides general submission requirements for petitions
and states that each manufacturer may petition NHTSA for an exemption
of one vehicle line per model year. Among other requirements,
manufacturers must identify whether the exemption is sought under
section 543.6 or section 543.7. Under section 543.6, a manufacturer may
request an exemption by providing specific information about the
antitheft device, its capabilities, and the reasons the petitioner
believes the device to be as effective at reducing and deterring theft
as compliance with the parts-marking requirements. Section 543.7
permits a manufacturer to request an exemption under a more streamlined
process if the vehicle line is equipped with an antitheft device (an
``immobilizer'') as standard equipment that complies with one of the
standards specified in that section.\1\
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\1\ 49 CFR 543.7 specifies that the manufacturer must include a
statement that their entire vehicle line is equipped with an
immobilizer that meets one of the following standards:
(1) The performance criteria (subsection 8 through 21) of C.R.C,
c. 1038.114, Theft Protection and Rollaway Prevention (in effect
March 30, 2011), as excerpted in appendix A of [part 543];
(2) National Standard of Canada CAN/ULC-S338-98, Automobile
Theft Deterrent Equipment and Systems: Electronic Immobilization
(May 1998);
(3) United Nations Economic Commission for Europe (UN/ECE)
Regulation No. 97 (ECE R97), Uniform Provisions Concerning Approval
of Vehicle Alarm System (VAS) and Motor Vehicles with Regard to
Their Alarm System (AS) in effect August 8, 2007; or
(4) UN/ECE Regulation No. 116 (ECE R116), Uniform Technical
Prescriptions Concerning the Protection of Motor Vehicles Against
Unauthorized Use in effect on February 10, 2009.
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[[Page 5411]]
Section 543.8 establishes requirements for processing petitions for
exemption from the theft prevention standard. As stated in section
543.8(a), NHTSA processes any complete exemption petition. If NHTSA
receives an incomplete petition, NHTSA will notify the petitioner of
the deficiencies. Once NHTSA receives a complete petition the agency
will process it and, in accordance with section 543.8(b), will grant
the petition 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.
Section 543.8(c) requires NHTSA to issue its decision either to
grant or to deny an exemption petition not later than 120 days after
the date on which a complete petition is filed. If NHTSA does not make
a decision within the 120-day period, the petition shall be deemed to
be approved and the manufacturer shall be exempt from the standard for
the line covered by the petition for the subsequent model year.\2\
Exemptions granted under part 543 apply only to the vehicle line or
lines that are subject to the grant and that are equipped with the
antitheft device on which the line's exemption was based, and are
effective for the model year beginning after the model year in which
NHTSA issues the notice of exemption, unless the notice of exemption
specifies a later year.
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\2\ 49 U.S.C. 33106(d).
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Sections 543.8(f) and (g) apply to the manner in which NHTSA's
decisions on petitions are to be made known. Under section 543.8(f), if
the petition is sought under section 543.6, NHTSA publishes a notice of
its decision to grant or deny the exemption petition in the Federal
Register and notifies the petitioner in writing. Under section
543.8(g), if the petition is sought under section 543.7, NHTSA notifies
the petitioner in writing of the agency's decision to grant or deny the
exemption petition.
This grant of petition for exemption considers Ford Motor
Corporation's (Ford) petition for its Mustang Mach-E vehicle line
beginning in MY 2024.
I. Specific Petition Content Requirements Under 49 CFR 543.6
Pursuant to 49 CFR part 543, Exemption from Vehicle Theft
Prevention, Ford petitioned for an exemption for its specified vehicle
line from the parts-marking requirements of the theft prevention
standard, beginning in MY 2024. Ford petitioned under 49 CFR 543.6,
Petition: Specific content requirements, which, as described above,
requires manufacturers to provide specific information about the
antitheft device installed as standard equipment on all vehicles in the
line for which an exemption is sought, the antitheft device's
capabilities, and the reasons the petitioner believes the device to be
as effective at reducing and deterring theft as compliance with the
parts-marking requirements.
More specifically, section 543.6(a)(1) requires petitions to
include a statement that an antitheft device will be installed as
standard equipment on all vehicles in the line for which the exemption
is sought. Under section 543.6(a)(2), each petition must list each
component in the antitheft system, and include a diagram showing the
location of each of those components within the vehicle. As required by
section 543.6(a)(3), each petition must include an explanation of the
means and process by which the device is activated and functions,
including any aspect of the device designed to: (1) facilitate or
encourage its activation by motorists; (2) attract attention to the
efforts of an unauthorized person to enter or move a vehicle by means
other than a key; (3) prevent defeating or circumventing the device by
an unauthorized person attempting to enter a vehicle by means other
than a key; (4) prevent the operation of a vehicle which an
unauthorized person has entered using means other than a key; and (5)
ensure the reliability and durability of the device.\3\
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\3\ 49 CFR 543.6(a)(3).
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In addition to providing information about the antitheft device and
its functionality, petitioners must also submit the reasons for their
belief that the antitheft device will be effective in reducing and
deterring motor vehicle theft, including any theft data and other data
that are available to the petitioner and form a basis for that
belief,\4\ and the reasons for their belief that the agency should
determine that the antitheft device is likely to be as effective as
compliance with the parts-marking requirements of part 541 in reducing
and deterring motor vehicle theft. In support of this belief, the
petitioners should include any statistical data that are available to
the petitioner and form the basis for the petitioner's belief that a
line of passenger motor vehicles equipped with the antitheft device is
likely to have a theft rate equal to or less than that of passenger
motor vehicles of the same, or a similar, line which have parts marked
in compliance with part 541.\5\
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\4\ 49 CFR 543.6(a)(4).
\5\ 49 CFR 543.6(a)(5).
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The following sections describe Ford's petition information
provided pursuant to 49 CFR part 543, Exemption from Vehicle Theft
Prevention. To the extent that specific information in Ford's petition
is subject to a properly filed confidentiality request, that
information was not disclosed as part of this notice.\6\
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\6\ 49 CFR 512.20(a).
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II. Ford's Petition for Exemption
In a petition originally submitted on July 11, 2022 and re-
submitted on September 14, 2022, Ford requested an exemption from the
parts-marking requirements of the theft prevention standard for its
Mustang Mach-E vehicle line beginning with MY 2024.
In its petition, Ford provided a detailed description and diagram
of the identity, design, and location of the components of the
antitheft device for the Mustang Mach-E vehicle line. Ford stated that
its MY 2024 Mustang Mach-E vehicle line will be installed with a
passive, transponder based, electronic engine immobilizer antitheft
device as standard equipment. Ford also stated that its Mustang Mach-E
vehicle line will offer a phone as a key (PaaK) feature as standard
equipment. Specifically, Ford stated that its vehicle line will be
installed with the Intelligent Access with Push Button Start (IAwPB).
Key components of the IAwPB device will include a key fob, radio
transceiver module, engine start/stop button, body control module
(BCM), primary drive control module (PDCM) (battery electric vehicle
(BEV) equivalent of the powertrain control module (PCM), secondary
drive control module (SDCM), Bluetooth low energy module (BLEM) and an
embedded secure modem (for PaaK feature). Ford also stated that its
vehicle line will be equipped with a hood release, counterfeit
resistant VIN label, secondary VINs inscribed on the body and a cabin
accessible with a valid keycode as standard antitheft features.
Ford further stated that its Mustang Mach-E vehicle line will also
be offered with a perimeter alarm system \7\ as
[[Page 5412]]
optional equipment which will activate a visible and audible alarm
whenever unauthorized access is attempted. Some additional features of
the antitheft device 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.
NHTSA has previously approved the IAwPB antitheft system as standard
equipment for the Ford Bronco Sport vehicle line. The IAwPB system is
described in the grant of petition for exemption published in the
Federal Register on August 12, 2020.
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\7\ Ford also stated that it will offer an audible and visible
perimeter alarm as optional equipment on its Mustang Mach-E line.
Per 49 U.S.C. 33106(b), manufacturers may petition NHTSA for an
exemption ``for a line of passenger motor vehicles equipped as
standard equipment with an antitheft device that [NHTSA] decides is
likely to be as effective in reducing and deterring motor vehicle
theft as compliance with'' the Theft Prevention Standard (emphasis
added). Per 49 U.S.C. 33106(a)(2), ``standard equipment'' means
equipment already installed in a motor vehicle when it is delivered
from the manufacturer and not an accessory or other item that the
first purchaser customarily has the option to have installed.
Therefore, for purposes of Ford's petition, NHTSA is only
considering the device equipped on the vehicle as standard
equipment.
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Pursuant to section 543.6(a)(3), Ford explained that there is no
manual activation of its antitheft system and that it is activated/
armed 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, the BLEM, the
SDCM, then the PDCM equivalent of 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 there are three
modules that must be matched together in order for the vehicle to
start. If the codes do not match, the electric drive inverter for each
drive motor is disabled preventing currents reaching the motor which
then prevents torque from being produced at the wheels. 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.
As required in section 543.6(a)(3)(v), Ford provided information on
the reliability and durability of its proposed device. To ensure
reliability and durability of the device, Ford stated that it conducted
tests on the antitheft device which complied with its own specific
standards. Additionally, Ford stated that its antitheft device has no
moving parts (i.e., BCM, BLEM, SDCM and the PCM, and electrical
components) to perform system functions, which eliminate the
possibility of physical damage or deterioration from normal use; and
mechanically overriding the device to start the vehicle is also
impossible. In further addressing the reliability and durability of its
device, Ford stated that its Mustang Mach-E 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 the antitheft system installed in its 2024 MY Ford
Mustang Mach-E vehicles is similar to the system that was offered in
the 2021 MY Ford Bronco Sport vehicles equipped with the IAwPB. The
Ford Bronco Sport vehicle line was granted a parts-marking exemption by
NHTSA (85 FR 48759, August 12, 2020) beginning with its MY 2021
vehicles.
Ford believes that the Ford Mustang Mach-E would have a similar
theft rate to the Ford Edge. Ford specifically stated that the Ford
Edge vehicle line is comparable with the Ford Mustang Mach-E in vehicle
segment, size and equipment and since the IAwPB system is the primary
theft deterrent on Ford vehicles, Ford believes that the Ford Mustang
Mach-E will likely have a very low theft rate based on the comparable
Ford Edge average theft rate of approximately 2.9/1000. Ford also
stated that its Ford Mustang with the antitheft system showed a 70%
reduction in theft rate compared to the MY 1995 Ford Mustang, according
to the National Insurance Crime Bureau (NICB) theft statistics.
III. Decision To Grant the Petition
Pursuant to 49 U.S.C. 33106 and 49 CFR 543.8(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 its 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. This
conclusion is based on the information Ford provided about its
antitheft device. NHTSA believes, based on Ford's supporting evidence,
that the antitheft device described for its 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.
The agency concludes that Ford's antitheft device will provide four
types of performance features listed in section 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.
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 543.8(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 its requested vehicle
line, the manufacturer must formally notify the agency. If such a
decision is made, the line must be fully marked as required by 49 CFR
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. Section 543.8(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, section 543.10(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 the exemption.''
The agency wishes to minimize the administrative burden that
section 543.10(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
[[Page 5413]]
to the components or design of an antitheft device. The significance of
many such changes could be de minimis. Therefore, NHTSA suggests that
if Ford 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.
For the foregoing reasons, the agency hereby grants in full Ford's
petition for exemption for the Mustang Mach-E vehicle line from the
parts-marking requirements of 49 CFR part 541, beginning with its MY
2024 vehicles.
Issued under authority delegated in 49 CFR 1.95 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2023-01603 Filed 1-26-23; 8:45 am]
BILLING CODE 4910-59-P