Petition for Exemption From the Federal Vehicle Theft Prevention Standard; Jaguar Land Rover North America LLC |
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Topics: Land Rover Discovery Sport
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Claude H. Harris
National Highway Traffic Safety Administration
May 27, 2014
[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Notices]
[Pages 30232-30234]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12130]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Vehicle Theft Prevention
Standard; Jaguar Land Rover North America LLC
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 Jaguar Land Rover North
America LLC's, (Jaguar Land Rover) petition for an exemption of the
Discovery Sport vehicle 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 49 CFR part 541, Federal Motor
Vehicle Theft Prevention Standard (Theft Prevention Standard). Jaguar
Land Rover also requested confidential treatment of specific
information in its petition. The agency will address Jaguar Land
Rover'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. Deborah Mazyck, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, W43-
443, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's
phone number is (202) 366-4139. Her fax number is (202) 493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated February 19, 2014,
Jaguar Land Rover requested an exemption from the parts-marking
requirements of the Theft Prevention Standard for the Jaguar Land Rover
Discovery Sport vehicle line beginning with MY 2015. The petition
requested an 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 543.5(a), a manufacturer may petition NHTSA to grant
an exemption for one vehicle line per model year. In its petition,
Jaguar Land Rover provided a detailed description and diagram of the
identity, design, and location of the components of the antitheft
device for the Discovery Sport vehicle line. Jaguar Land Rover stated
that the MY 2015 Discovery Sport vehicle line will be equipped with a
passive, transponder based, electronic engine immobilizer antitheft
device as standard equipment. Key components of its antitheft device
will include a power train control module (PCM), instrument cluster,
body control module (BCM), keyless vehicle module (KVM), remote
frequency receiver (RFA), Immobilizer Antenna Unit, Smart Key and door
control units. Jaguar Land Rover stated that its antitheft device will
also be installed with an audible and visual perimeter alarm system as
standard equipment. Jaguar Land Rover stated that the perimeter alarm
system can be armed with the Smart Key or programmed to be passively
armed. The alarm will sound and the vehicle's exterior lights will
flash if unauthorized entry is attempted by opening the hood, doors or
luggage compartment. Jaguar Land Rover'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.
The immobilizer device is automatically armed when the Smart Key is
removed from the vehicle. Jaguar Land Rover stated that the Smart key
is programmed and synchronized to the vehicle through the means of a
unique identification key code for each key and a randomly generated
secret code that is unique to each vehicle.
Jaguar Land Rover stated that there will be three methods for
unlocking the doors and starting the engine of the Discovery Sport
vehicle line. The three methods of system operation will either be
through the vehicle's automatic detection of the Smart Key, unlocking
the vehicle with the Smart key unlock button or by using the emergency
key blade. Jaguar Land Rover stated that automatic detection of the
Smart key method occurs when authentication of the correct Smart Key
via a low frequency to remote frequency challenge response sequence
occurs. Specifically, when the driver approaches the vehicle and pulls
the driver's door handle, the doors will unlock. When the driver
[[Page 30233]]
presses the ignition start button, a search begins to find and
authenticate the Smart Key within the vehicle interior. If successful,
this information is passed through a coded data transfer to the BCM via
the RFA. Jaguar Land Rover stated that the BCM will then pass the valid
key status to the instrument cluster, send the ``key valid'' message to
the PCM, initiate a coded data transfer and authorize the engine to
start. Method two of unlocking the vehicle with the Smart Key unlock
button occurs when the driver approaches the vehicle, presses the Smart
Key unlock button and unlocks the doors. Jaguar Land Rover stated that
once the driver presses the ignition start button, the operation
process is the same as method one. Method three involves using the
emergency key blade. Jaguar Land Rover stated that if the Smart Key has
a discharged or damaged battery, there is an emergency key blade that
can be removed from the Smart Key and used to unlock the doors. Once
the driver presses the ignition start button, a search begins to find
and authenticate the Smart Key within the vehicle interior. If this is
unsuccessful, the Smart Key needs to be docked in the lower steering
column cowl. Once the Smart Key is placed in the correct position and
the ignition start button is pressed again, the BCM and Smart key enter
a coded data exchange via the immobilizer antenna unit. The BCM passes
the valid key status to the instrument cluster, via the immobilizer
antenna unit and then sends the ``key valid'' message to the PCM
initiating a coded data transfer. If successful, the engine will start
the vehicle.
In addressing the specific content requirements of Sec. 543.6,
Jaguar Land Rover provided information on the reliability and
durability of its proposed device. To ensure reliability and durability
of the device, Jaguar Land Rover conducted tests based on its own
specified standards. Jaguar Land Rover provided a detailed list of the
tests conducted (i.e., temperature and humidity cycling, high and low
temperature cycling, mechanical shock, random vibration, thermal
stress/shock tests, material resistance tests, dry heat, dust and fluid
ingress tests). Jaguar Land Rover stated that it believes that its
device is reliable and durable because it has complied with specified
requirements for each test. Additionally, Jaguar Land Rover stated that
the key recognition sequence includes in excess of a billion code
combinations which include encrypted data that are secure against
copying. Jaguar Land Rover also stated that the coded data transfer
between modules use a unique secure identifier, a random number and a
secure public algorithm. Furthermore, Jaguar Land Rover stated that
since the Discovery Sport vehicle line will utilize push button vehicle
ignition, it does not have a conventional mechanical key barrel.
Therefore, there will be no means of forcibly bypassing the key-locking
system.
Jaguar Land Rover stated that the Discovery Sport is a new vehicle
line and therefore no theft data is available. Jaguar Land Rover
further stated that its immobilizer antitheft device is substantially
similar to the antitheft device installed on the Jaguar F-Type, Jaguar
XK, Jaguar XJ, Land Rover LR2 and Land Rover Range Rover Evoque vehicle
lines and have all been granted parts-marking exemptions by the agency.
Jaguar Land Rover stated that based on MY 2011 theft information
published by NHTSA, the Jaguar Land Rover vehicles equipped with
immobilizers had a combined theft rate of 0.79 per thousand vehicles,
which is below NHTSA's overall theft rate of 0.99 thefts per thousand.
The theft rates for the Jaguar XK, XJ and Land Rover LR2 are 0.8192,
1.4025 and 0.9001, respectively. Theft rate data is not available for
the Jaguar F-Type and Land Rover Evoque. Jaguar Land Rover believes
these low theft rates demonstrate the effectiveness of the immobilizer
device. Additionally, Jaguar Land Rover notes a Highway Loss Data
Institute news release (July 19, 2000) showing approximately a 50%
reduction in theft for vehicles installed with an immobilizer device.
The agency agrees that the device is substantially similar to
devices installed on other vehicle lines for which the agency has
already granted exemptions
Based on the supporting evidence submitted by Jaguar Land Rover on
its device, the agency believes that the antitheft device for the
Discovery Sport 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 the five types of
performance listed in Sec. 543.6(a)(3): promoting activation; attract
attention to the efforts of an unauthorized person to enter or move 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.
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 Jaguar Land Rover has provided adequate reasons for its
belief that the antitheft device for the Jaguar Land Rover Discovery
Sport 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 Jaguar Land Rover submitted on
its device.
For the foregoing reasons, the agency hereby grants in full Jaguar
Land Rover's petition for exemption for the Jaguar Land Rover Discovery
Sport 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) requires NHTSA to publish a
notice of its decision to grant or deny an exemption petition in the
Federal Register. 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 Jaguar Land Rover 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 Jaguar Land Rover 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.''
[[Page 30234]]
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.
Claude H. Harris,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2014-12130 Filed 5-23-14; 8:45 am]
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