Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Ford Motor Company |
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Topics: Ford Fiesta
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Lori K. Summers
National Highway Traffic Safety Administration
April 1, 2014
[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Notices]
[Pages 18410-18412]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07233]
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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 Ford Motor Company's (Ford)
petition for an exemption of the Fiesta vehicle
[[Page 18411]]
line in accordance with 49 CFR Part 543, Exemption from 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 in reducing and
deterring motor vehicle theft as compliance with the parts-marking
requirements of the 49 CFR Part 541, Federal Motor Vehicle Theft
Prevention Standard (Theft Prevention Standard). Ford also requested
confidential treatment of specific information in its petition. The
agency will address Ford's request for confidential treatment by
separate letter.
DATES: The exemption granted by this notice is effective beginning with
the 2015 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 December 10, 2013, Ford
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard for the Fiesta vehicle line beginning with MY 2015.
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 the
entire vehicle line.
Under 49 CFR Part 543.5(a), a manufacturer may petition NHTSA to
grant exemptions for one vehicle line per model year. 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
Fiesta vehicle line. Ford stated that the Model Year (MY) 2015 Fiesta
will be installed with a passive, electronic immobilizer device using
encrypted transponder technology as standard equipment on the entire
vehicle line. Ford also stated that depending on the trim level of the
vehicle, the device would be equipped with either the SecuriLock
Passive Anti-Theft Electronic Engine Immobilizer system (SecuriLock/
PATS) or the Intelligent Access with Push Button Start (IAwPB) system
on its Fiesta vehicle line. Specifically, Ford stated that the
SecuriLock/PATS system will be installed as standard equipment on all
Fiesta trim levels except the Titanium package that would instead be
equipped with the IAwPB system as standard equipment. Along with Ford's
passive immobilizer, key components of the SecuriLock/PATS antitheft
system will include an electronic transponder key, powertrain control
module (PCM), transceiver module ignition lock and cluster. Key
components of the IAwPB system will include an electronic key fob,
remote function actuator (RFA), Keyless Vehicle Module (KVM),
powertrain control module and Ford's passive immobilizer. Ford further
stated that its Titanium package will also be offered with a separate
perimeter alarm system as standard equipment. The perimeter alarm
system activates a visible and audible alarm if unauthorized access is
attempted. Ford'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.
Ford stated that when the ignition key is turned to the ``Run/
Start'' position on the SecuriLock/PATS system or the ``Start/Stop''
button is pressed on the IAwPB system, the transceiver module reads the
ignition key code and transmits an encrypted message from the keycode
to the control module. Once the key is validated, starting of the
engine is authorized by sending a separate encrypted message to the
powertrain control module (PCM). Ford stated that the powertrain will
function only if the keycode matches the unique identification keycode
previously programmed into the cluster of the SecuriLock/PATS-equipped
vehicles or the RFA in the IAwPB-equipped vehicles. In both systems, if
the codes do not match, the vehicle will be inoperable. Ford stated
that in both systems, an electronic key will be programmed into the
vehicle during system initialization performed at the manufacturing
plant. With the IAwPB system, Ford stated that if the programmed key is
not present in the vehicle, the engine will not start. Additionally,
Ford further stated that the powertrain will function only if the
keycode matches the unique identification keycode previously programmed
into the Cluster/RFA. Ford also pointed out that in addition to the
programmed key, there are three modules that must be matched together
in order to start the vehicle, adding an additional level of security
to both systems. Specifically, Ford stated that both the SecuriLock/
PATS and IAwPB systems' Cluster/RFA and PCM respectively share security
data that during vehicle assembly form matched modules that if
separated from each other will not function in other vehicles.
In addressing the specific content requirements of 543.6, Ford
provided information on the reliability and durability of its proposed
device. To ensure reliability and durability of the device, Ford
conducted tests based on its own specified standards. Ford provided a
detailed list of the tests conducted and believes that the device is
reliable and durable since the device complied with its own specified
requirements for each test.
Ford stated that its MY 2015 Fiesta 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 secured cabin accessibility).
Ford also stated that incorporation of several other features in both
systems further support reliability and durability of the device.
Specifically, some of those features include: Encrypted communication
between the transponder and the control function (Cluster/RFA module)
and the PCM; numerous code combinations making key duplication
virtually impossible; inability to mechanically override the device to
start the vehicle; and any attempt to slam-pull the ignition lock
cylinder or short the ``Start/Stop'' button will have no effect on an
intruder's ability to start the vehicle without the correct code being
transmitted to the electronic control modules.
Ford compared the device proposed for its 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. Ford stated that it believes that the standard
installation of either the SecuriLock/PATS system or the IAwPB system
would be an effective deterrent against vehicle theft.
Ford stated that the SecuriLock/PATS system was introduced as
standard equipment on all of its MY 1996 Ford Mustang GT, Cobra and
other selected models. Ford also stated that in MY 1997, the
SecuriLock/PATS system was extended to the complete Ford Mustang
vehicle line as standard equipment. Ford further stated that according
to the National Insurance Crime Bureau (NICB) theft statistics, there
was a 70% reduction in the theft rate for the MY 1997 Ford Mustang
vehicle line installed with its SecuriLock/PATS system as compared to
the theft rate for its MY 1995 Ford Mustang vehicle line not installed
with the system.
[[Page 18412]]
Ford also reported that beginning with MY 2010, the SecuriLock
system was installed as standard equipment on all of its North American
Ford, Lincoln and Mercury vehicles but was offered as optional
equipment on its 2010 F-series Super Duty pickups, Econoline and
Transit Connect vehicles. Ford further stated that beginning with MY
2010, the IAwPB system was installed as standard equipment on the
Lincoln MKT vehicles and offered as standard equipment on the Lincoln
MKX and optionally on the Lincoln MKS, Taurus, Edge, Explorer and the
Focus vehicles beginning with MY 2011. Starting with 2013, the IAwPB
has been offered as standard equipment on the Lincoln MKZ and as
optional equipment on the Ford Fusion, C-Max and Escape vehicles.
Ford stated that both antitheft systems with a standard equipment
immobilizer are of the same design and performance as that of the MY
2006 Ford Focus vehicle line. Ford was granted an exemption for the
Focus vehicle line on February 14, 2006 by NHTSA (See 71 FR 7824)
beginning with its MY 2006 vehicles. Since the agency granted Ford's
exemption for its MY 2006 Focus vehicle line, Ford referenced theft
rate data published by NHTSA showing that theft rates for the Focus
vehicle line have been gradually decreasing and is currently very close
to the theft rate for all vehicles published for MY's 2000-2010. Ford
stated that since the SecuriLock or the IAwPB systems (with a standard
equipment immobilizer device) will be the primary theft deterrents on
Ford Fiesta vehicles, it believes that the very low theft rates are
likely to continue or improve in the future. The current theft rate for
the MY 2011 Ford Focus is 1.3840 and the average theft rate using three
MYs' data (2009-2011) is 1.5179.
The agency agrees that the device is substantially similar to
devices installed on other vehicle lines for which the agency has
already granted exemptions.
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 Ford has provided adequate reasons for its belief that the
antitheft device for the Ford Fiesta 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 Ford
provided about its device.
Based on the supporting evidence submitted by Ford on the device,
the agency believes that the antitheft device for the Fiesta 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.
For the foregoing reasons, the agency hereby grants in full Ford's
petition for exemption for the Fiesta 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 Ford 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 Parts 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. 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.
Lori K. Summers,
Director, Office of Crashworthiness Standards.
[FR Doc. 2014-07233 Filed 3-31-14; 8:45 am]
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