[Federal Register: January 16, 2009 (Volume 74, Number 11)]
[Notices]
[Page 3132-3134]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja09-159]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Motor Theft
Prevention Standard; General Motors Corporation
AGENCY: National Highway Traffic Safety Administration, Department of
Transportation (DOT).
ACTION: Grant of petition for exemption.
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SUMMARY: This document grants in full the petition of General Motors
Corporation (GM), for an exemption in accordance with Sec. 543.9(c)(2)
of 49 CFR Part 543, Exemption from the Vehicle Theft Prevention
Standard, for the GMC small crossover vehicle line beginning with model
year (MY) 2010. 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.
DATES: The exemption granted by this notice is effective beginning with
model year (MY) 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of
International Policy, Fuel Economy and Consumer Standards, NHTSA, 1200
New Jersey Avenue, SE., Washington, DC 20590. Ms. Mazyck's phone number
is (202) 366-0846. Her fax number is (202) 493-2290.
[[Page 3133]]
SUPPLEMENTARY INFORMATION: In a petition dated September 25, 2008, GM
requested an exemption from the parts-marking requirements of the theft
prevention standard (49 CFR part 541) for the GMC small crossover
vehicle line beginning with MY 2010. The petition requested an
exemption from parts-marking pursuant to 49 CFR 543, Exemption from the
Vehicle Theft Prevention Standard, based on the installation of an
antitheft device as standard equipment for the entire vehicle line.
Under Sec. 543.5(a), a manufacturer may petition NHTSA to grant an
exemption for one vehicle line per model year. GM has petitioned the
agency to grant an exemption for its small crossover vehicle line
beginning with MY 2010. On November 18, 2008, the agency contacted GM
by telephone to obtain additional information. 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.
GM's petition provided a detailed description and diagram of the
identity, design, and location of the components of the antitheft
device for the new vehicle line. GM will install its passive,
transponder-based, electronic immobilizer device (PASS-Key III+) as
standard equipment on its GMC small crossover vehicle line beginning
with MY 2010. 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).
The PASS-Key III+ device is designed to be active at all times
without direct intervention by the vehicle operator. The system is
fully armed immediately after the ignition has been turned off and the
key removed. Components of the antitheft device include an
electronically-coded ignition key, a PASS-Key III+ controller module
and an engine control module. The ignition key contains electronics
molded into the key head, providing billions of possible electronic
combinations. The electronics receive energy and data from the antenna
module. Upon receipt of the data, the key will calculate a response to
the data using secret information and an internal encryption algorithm,
and transmit the response back to the vehicle. The antenna module
translates the radio frequency signal received from the key into a
digital signal and compares the received response to an internally
calculated value. If the values match, the key is recognized as valid
and one of 65,534 ``Vehicle Security Passwords'' is transmitted to the
engine control module to enable fueling and starting of the vehicle. 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 will be inhibited.
GM indicated that the theft rates, as reported by the Federal
Bureau of Investigation's National Crime Information Center (NCIC), are
lower for exempted GM models equipped with the ``PASS-Key''-like
systems than the theft rates for earlier, similarly constructed models
which were parts-marked. Based on the performance of the PASS-Key,
PASS-Key II, and PASS-Key III systems on other GM models, and the
advanced technology utilized by the modification, GM believes that the
PASS-Key III+ antitheft device will be more effective in deterring
theft than the parts-marking requirements of 49 CFR Part 541.
In addressing the specific content requirements of 543.6, GM
provided information on the reliability and durability of the proposed
device. To ensure reliability and durability of the device, GM
conducted tests based on its own specified standards. GM provided its
own test information on the reliability and durability of its device,
and believes that the device is reliable and durable since it complied
with the specified requirements for each test. GM stated that the PASS-
Key III+ system has been designed to enhance the functionality and
theft protection provided by GM's first, second and third generation
PASS-Key, PASS-Key II, and PASS-Key III systems. GM also stated that
since the authorization code is not handled or contacted by the vehicle
operator, the reliability of the PASS-Key III+ is significantly
improved over the PASS-Key and PASS-Key II devices. According to GM,
this reliability allows the system to return to the ``Go/No Go'' based
system, eliminating the ``fail enabled'' mode of operation.
GM compared the device proposed for its small crossover vehicle
line with other devices which NHTSA has determined to be as effective
in reducing and deterring motor vehicle theft as would compliance with
the parts-marking requirements. GM stated that the theft rates for the
2003 and 2004 Cadillac CTS and the MY 2004 Cadillac SRX currently
installed with the PASS-Key III+ antitheft device exhibit theft rates
that are lower than the median theft rate (3.5826) established by the
agency. The Cadillac CTS introduced as a MY 2003 vehicle line has been
equipped with the PASS-Key III+ device since the start of production.
The theft rates for the MY 2003 and 2004 Cadillac CTS are 1.0108 and
0.7681 respectively. Similarly, the Cadillac SRX, introduced as a MY
2004 vehicle, has been equipped with the PASS-Key III+ device since
production. The theft rate for MY 2004 Cadillac SRX is 0.7789. GM
stated that the theft rates experienced by these lines with
installation of the PASS-Key III+ device demonstrate the effectiveness
of the device. GM also stated that its crossover vehicle is a corporate
twin to the Chevrolet Equinox which is equipped with the PASS-Key III+
device and already exempt from the parts-marking requirements. The
average theft rate for the Chevrolet Equinox using two model years'
data is 1.2073. The agency agrees that the device is substantially
similar to devices for which the agency has previously approved
exemptions.
Based on comparison of the reduction in the theft rates of GM
vehicles using a passive theft deterrent device with an audible/visible
alarm system to the reduction in theft rates for GM vehicle models
equipped with a passive antitheft device without an alarm, GM finds
that the lack of an alarm or attention attracting device does not
compromise the theft deterrent performance of a system such as PASS-Key
III+.
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. However, 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. In
these instances, the agency has concluded that the lack of a audible or
visible alarm has not prevented these antitheft devices from being
effective protection against theft.
Based on the evidence submitted by GM, the agency believes that the
antitheft device for the GM small crossover 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;
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.
[[Page 3134]]
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 GMC small crossover 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 GMC small crossover 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 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.
Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR
1.50.
Issued on: January 12, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9-947 Filed 1-15-09; 8:45 am]
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