[Federal Register: December 30, 2002 (Volume 67, Number 250)]
[Notices]
[Page 79687-79689]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de02-142]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; DaimlerChrysler
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 petition of DaimlerChrysler
Corporation, (DaimlerChrysler) for an exemption of a high-theft line,
the Jeep Grand Cherokee, from the parts-marking requirements of the
Federal Motor 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 and reducing and deterring motor vehicle theft as compliance
with the parts-marking requirements of the Theft Prevention Standard.
DATES: The exemption granted by this notice is effective beginning with
model year (MY) 2004.
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of
Planning and Consumer Standards, NHTSA, 400 Seventh Street, SW.,
Washington DC 20590. Ms. Proctor's phone number is (202) 366-0846. Her
fax number is (202) 493-2290.
SUPPLEMENTARY INFORMATION: In a petition dated September 27, 2002,
DaimlerChrysler Corporation, (DaimlerChrysler), requested an exemption
from the parts-marking requirements of the theft prevention standard
(49 CFR Part 541) for the Jeep Grand Cherokee vehicle line, beginning
with MY 2004. The petition requested an exemption from parts-marking
requirements pursuant to 49 CFR 543, Exemption from Vehicle Theft
Prevention Standard, based on the installation of an antitheft device
as standard equipment for the entire vehicle line.
Section 33106(b)(2)(D) of Title 49, United States Code, authorized
the Secretary of Transportation to grant an exemption from the parts-
marking requirements for not more than on additional line of a
manufacturer for MYs 1997-2000. However, it does not address the
contingency of what to do after model year 2000 in the absence of a
decision under Section 33103(d). 49 U.S.C. Sec. 33103(d)(3) states
that the number of lines for which the agency can grant an exemption is
to be decided after the Attorney General completes a
[[Page 79688]]
review of the effectiveness of antitheft devices and finds that
antitheft devices are an effective substitute for parts-marking. The
Attorney General has not yet made a finding and has not decided the
number of lines, if any, for which the agency will be authorized to
grant an exemption. Upon consultation with the Department of Justice,
we determined that the appropriate reading of Section 33103(d) is that
the National Highway Traffic Safety Administration (NHTSA) may continue
to grant parts-marking exemptions for more than one additional model
line each year, as specified for model years 1997-2000 by 49 U.S.C.
33106(b)(2)(C). This is the level contemplated by the Act for the
period before the Attorney General's decision. The final decision on
whether to continue granting exemptions will be made by the Attorney
General at the conclusion of the review pursuant to Section
330103(d)(3).
DaimlerChrysler 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 its petition, DaimlerChrysler provided a detailed description
and diagram of the identity, design, and location of the components of
the antitheft device for the new vehicle line. DiamlerChrysler will
install its antitheft devise as standard equipment on the MY 2004 Jeep
Grand Cherokee vehicle line. The antitheft device to be installed on
the MY 2004 Jeep Grand Cherokee does not include an audible or visual
alarm but does incorporate an ignition immobilizer system.
The Sentry Key Immobilizer System (SKIS) prevents the engine from
running for more than 2 seconds unless a valid key is in the ignition
switch. The immobilizer feature is activated when the key is removed
from the ignition switch whether the vehicle doors are open or not.
Once activated, only a valid key inserted into the ignition switch will
disable immobilization and allow the vehicle to start and continue to
run. The SKIS has a visual telltale located in the vehicle
electromechanical instrument cluster (EMIC). Besides acting as a SKIS
diagnostic indicator, the telltale also alerts the owner than an
unauthorized vehicle start attempt had been made. Upon an unauthorized
start attempt, the telltale continuously illuminates until the owner
starts the vehicle with the proper Sentry Key. The telltale will be
illuminated for three seconds when the ignition is turned to the ``ON''
position.
The Sentry Key Immobilizer Module (SKIM), Jeep/Truck Engine
Controller Plus (JTEC+) and the sentry key perform the immobilizer
function. The JTEC+ controller must be programmed with the VIN and a
secret key and the VIN must be programmed by a diagnostic tool. The
EMIC controls the telltale only. When the sentry key is placed in the
ignition, the SKIM and the key communicate via RF signal. After the
SKIM determines that the key is valid, the SKIM requests a seed number
from the JTEC+ controlled on all vehicles. The JTEC+ controller then
verifies the code from the SKIM and transmits a key status (valid/
invalid signal). To avoid any perceived delay when starting the vehicle
with a valid key and to prevent unburned fuel from entering the
exhaust, the engine is permitted to run for no more than 2 seconds if
an invalid key is used. If the code from the SKIM is invalid, the JTEC+
controller immobilizes the vehicle by shutting down the engine (after
the initial 2 second run). Only 6 consecutive invalid vehicle start
attempts are permitted, all further invalid attempts are locked out by
not firing fuel injectors and not engaging the starter. Only the
communication with a valid key is required to permit the engine to
start and run.
Replacing the SKIM requires a secret key to decode the ignitions
keys. A copy of this secret key is stored in the JTEC+ controller. In
replacing the JTEC+ controller, it must again have the VIN programmed
in order for the vehicle to start and the secret key transferred to it
by the SKIM. A diagnostic tool is required to perform both of these
functions.
DaimlerChrysler stated that the SKIM performs the interrogation
with the transponder in the key using a Texas Instruments proprietary
algorithm which results in a 40-bit number which allows for over one
trillion combinations. Each ignition key used in the SKIS has an
integral transponder chip. Ignition keys with this feature can be
readily identified by a gray rubber cap molded onto the head of the
key, while conventional ignition keys have a black molded rubber. The
transponder chip is concealed beneath the molded rubber cap, where it
is molded onto the head of the metal key.
In order to ensure the realiability and durability of the device,
DaimlerChrysler conducted tests based on its own specified standards
and stated its belief that the device meets the stringent performance
standards prescribed. Specifically, the device must demonstrate a
minimum of 95 percent reliability with 90 percent confidence. This is
the same standard that vehicle air bag systems are designed and tested
to. The SKIS if fully functional over a voltage range of 9 Vde to 16
Vde and a temperature range of -40 degrees celsius through 85 degrees
celisius. In addition to the design and production validation test
criteria, the SKIS undergoes a daily short term durability test whereby
three randomly chosen systems are tested once per shift at the
production facility. DaimlerChrysler also stated that 100% of the
systems immobilizer undergoes a series of three functional tests prior
to being shipped from the supplier to the vehicle assembly plant for
installation in the vehicle.
DaimlerChrysler has installed the SKIS vehicle immobilizer systems
as standard equipment on all Jeep Grand Cherokee vehicles since the
1999 model year. DaimlerChrysler stated that NHTSA's theft rates for
the Jeep Grand Cherokee vehicles for model years 1995 to 1998 are
5.5545, 7.0188, 4.3163 and 4.3557 respectively, significantly higher
than the 1990/1991 median theft rate of 3,5826. Likewise,
DaimlerChrysler reports that the theft rates of Jeep Grand Cherokee
vehicles that were equipped with immobilizer systems indicate rates
significantly lower than the 1990/1991 median theft rate. Theft rates
for the Jeep Grand Cherokee vehicles since the introduction of
immobilizer systems as standard equipment for MYs 1999 through 2000 are
2.5630 and 2.4701 respectively.
On the basis of this comparison, DaimlerChrysler has concluded that
the proposed antitheft device is no less effective than those devices
installed on lines for which NHTSA has already granted full exemption
from the parts-making requirements.
Based on the evidence submitted by DaimlerChrysler, the agency
believes that the antitheft device for the Jeep Grand Cherokee 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). The agency concludes that the
device will provide four of 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.
As required by 49 U.S.C. Sec. 33106 and 49 CFR Part 543.6(a)(4)
and (5), the agency finds that DaimlerChrysler has provided adequate
reasons for its belief that the antitheft device will reduce and deter
theft. This conclusion is based on
[[Page 79689]]
the information DaimlerChrysler provided about its antitheft device
For the foregoing reasons, the agency hereby grants in full
DaimlerChrysler's petition for an exemption for the MY 2004 Jeep Grand
Cherokee vehicle line from the parts-making requirements of 49 CFR Part
541. If DaimlerChrysler 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 of 49 CFR Parts
541.5 and 541.6 (marking of major components parts and replacement
parts).
NHTSA notes that if DaimlerChrysler 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 minims. 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.
Issued on: December 20, 2002.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 02-32938 Filed 12-27-02; 8:45 am]
BILLING CODE 4910-59-M