Petition for Exemption From the Vehicle Theft Prevention Standard; BMW of North America, LLC |
|---|
Topics: BMW
|
Mary L. Versailles
National Highway Traffic Safety Administration
August 29, 2012
[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Notices]
[Pages 52393-52395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21266]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; BMW of North America, LLC
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
-----------------------------------------------------------------------
SUMMARY: This document grants in full the BMW of North America, LLC
(BMW) petition for exemption of the Carline 4 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). BMW requested confidential
treatment for specific information in its petition that the agency will
address by separate letter.
DATES: The exemption granted by this notice is effective beginning with
the 2014 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, National
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., West
Building, Room W43-439, Washington, DC 20590. Ms. Ballard's telephone
number is (202) 366-5222. Her fax number is (202) 493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated June 4, 2012, BMW
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard (49 CFR Part 541) for the Carline 4 vehicle line
beginning with MY 2014. 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 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, BMW
provided a detailed description and diagram of the identity, design,
and location of the components of the antitheft device for its Carline
4 vehicle line. BMW stated that all Carline 4 vehicles will be equipped
with a passive antitheft device as standard equipment beginning with MY
2014.
[[Page 52394]]
The immobilizer device is automatically activated when the engine is
shut off and the vehicle key is removed from the ignition lock
cylinder. Key features of the antitheft device will include a key with
a transponder, loop antenna (coil), engine control unit (DME/DDE) with
encoded start release input, an electronically-coded vehicle
immobilizer/car access system (EWS/CAS) control unit and a passive
immobilizer. BMW'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.
BMW stated that the EWS immobilizer device prevents the vehicle
from being driven away under its own engine power. Its transponder
contains a chip which is integrated in the key, powered by a battery
and consists of a transmitter/receiver which communicates with the EWS
control unit. The EWS control unit provides the interface to the loop
antenna (coil), engine control unit and starter. The ignition and fuel
supply are only released when a correct coded release signal has been
sent by the EWS control unit to allow the vehicle to start. When the
EWS control unit has sent a correct release signal, and after the
initial starting value, the release signal becomes a rolling, ever-
changing, random code that is stored in the DME/DDE and EWS (CAS
control modules). The DME/DDE must identify the release signal and only
then will the ignition signal and fuel supply be released. Deactivation
of the device cannot be carried out with the mechanical key, but must
occur electronically. The vehicle is also equipped with a central-
locking system that can be operated to lock and unlock all doors or to
unlock only the driver's door, preventing forced entry into the vehicle
through the passenger doors. The vehicle can be further secured by
locking the doors and hood using either the key lock cylinder on the
driver's door or the remote frequency remote control. BMW stated that
the frequency for the remote control constantly changes to prevent an
unauthorized person from opening the vehicle by intercepting the
signals of its remote control. BMW also stated that the proposed
antitheft device does not provide any visible or audible indication of
unauthorized entry.
BMW compared the effectiveness of its antitheft device with devices
which NHTSA has previously determined to be as effective in reducing
and deterring motor vehicle theft as would compliance with the parts-
marking requirements of Part 541. The antitheft device that BMW intends
to install on its Carline 4 vehicle line for MY 2014 is the same device
that BMW has installed on its X1, X3 and X5 vehicle lines, as well as
its Carline 1, 3, 5, 6, 7, Z4, and MINI vehicle lines. BMW asserts that
theft data have indicated a decline in theft rates for vehicle lines
that have been equipped with antitheft devices similar to that which it
proposes to install on the Carline 4 vehicle line. Specifically, BMW
stated that for MY/CY 2009, the agency's data show that theft rates for
its lines are: 0.3926 (1-series), 0.5216 (3-series), 0.4098 (5-series),
1.6529 (6-series), 0.6617 (7-series), 0.3671 (X3), 0.2750 (Z4/M)), and
0.1155 (MINI Cooper). Using an average of 3 MYs data (2007-2009), theft
rates for those lines are: 0.2383, 0.7029, 0.7988, 2.3463, 2.0683,
0.5146, 0.5309 and 0.2386 respectively.
In addressing the specific content requirements of 543.6, BMW
provided information on the reliability and durability of its device.
To ensure reliability and durability of the device, BMW conducted tests
based on its own specified standards and believes that the device is
reliable and durable since the device complied with its specified
requirements for each test. BMW provided a detailed list of the tests
conducted in its June 2012 request for exemption from the parts-marking
requirements. Further assuring the reliability and durability of the
Carline 4 antitheft device, BMW notes that the mechanical keys for the
Carline 4 are unique. A special key blank, a special key cutting
machine and the vehicle's unique code are needed to duplicate a key.
BMW stated that new keys will only be issued to authorized persons.
Based on the supporting evidence submitted by BMW, the agency
believes that the antitheft device for the BMW Carline 4 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 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.
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
supporting 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 BMW has provided adequate reasons for its belief that the
antitheft device for the Carline 4 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 BMW
provided about its device.
For the foregoing reasons, the agency hereby grants in full BMW's
petition for exemption for the MY 2014 Carline 4 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 MY. 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 BMW 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 as required by 49 CFR Parts 541.5 and 541.6 (marking of
major component parts and replacement parts).
NHTSA notes that if BMW 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 anti-theft 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 Part
543.9(c)(2) could place on exempted vehicle manufacturers and itself.
The agency did not intend 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
[[Page 52395]]
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: August 21, 2012.
Mary L. Versailles,
Senior Policy Advisor for International Policy, Fuel Economy and
Consumer Programs.
[FR Doc. 2012-21266 Filed 8-28-12; 8:45 am]
BILLING CODE 4910-59-P