Petition for Exemption From the Vehicle Theft Prevention Standard; Volkswagen Group of America, Inc. |
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Topics: Audi
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Christopher J. Bonanti
National Highway Traffic Safety Administration
August 19, 2013
[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50489-50491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19987]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; Volkswagen Group of America, Inc.
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 Volkswagen Group of America,
Inc.'s (Volkswagen) petition for exemption of the Audi confidential
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, Federal
Motor Vehicle Theft Prevention Standard. Volkswagen requested
confidential treatment for specific information in its petition. The
agency will address Volkswagen's request for confidential treatment by
separate letter.
DATES: The exemption granted by this notice is effective beginning with
the 2015 model year.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, West
Building, 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 April 9, 2013,
Volkswagen requested an exemption from the parts-marking requirements
of the Theft Prevention Standard (49 CFR part 541) for the new MY 2015
Audi vehicle line. The petition requested an exemption from parts-
marking requirement 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.
[[Page 50490]]
Under 49 CFR part 543.5(a), a manufacturer may petition NHTSA to
grant an exemption for one vehicle line per model year. In its
petition, Volkswagen provided a detailed description and diagram of the
identity, design, and location of the components of the antitheft
device for its Audi vehicle line. Volkswagen will install its
transponder-based electronic engine immobilizer antitheft device as
standard equipment on its Audi vehicle line beginning with MY 2015.
Volkswagen stated that its immobilizer device is aimed to actively
incorporate the engine control unit into the evaluation and monitoring
process. Key components of the antitheft device will include a passive
immobilizer, a warning message indicator, a transponder ignition key
(key fob), an engine control unit and an immobilizer control unit.
Volkswagen stated that its Audi vehicle line will also be available
with an optional keyless entry and locking control, and a keyless start
feature. Volkswagen stated that the keyless entry and locking control
uses a transponder key that allows the doors to be locked by touching a
button on the outside door handle of the vehicle door, or to be opened
by touching the outside door handle when the key fob is near the door.
Volkswagen also stated that its antitheft device will include an
audible and visible alarm system as standard equipment. Volkswagen's
submission is considered a complete petition as required by 49 CFR
543.7, in that it meets the general requirements contained in 49 CFR
543.5 and the specific content requirements of 49 CFR 543.6. Volkswagen
stated that the immobilizer is activated automatically after the key is
removed from the ignition lock, or for the keyless system, after the
key fob is removed from the vehicle (i.e., ignition off). Deactivation
of the immobilizer device occurs when the ignition is turned on or the
key transponder is recognized by the immobilizer control unit. The key
transponder sends a fixed code to the immobilizer control unit. If this
is identified as the correct code, a variable code is generated in the
immobilizer control unit and sent to the transponder. A secret
arithmetic process is then started according to a set of specific
equations. The results of the computing process are evaluated in the
control unit and if verified, the vehicle key is acknowledged as
correct. The engine control unit then sends a variable code to the
immobilizer control unit. If all the data matches, start-up of the
vehicle is enabled. Volkswagen stated that a new variable code is
generated every time the immobilizer goes through the secret computing
process. Therefore, Volkswagen believes that the code is
undecipherable.
Volkswagen also informed the agency that the antitheft device will
also include an audible and visible alarm feature as standard
equipment. When the alarm system is activated, the horn will sound and
the vehicle's exterior lights will flash when unauthorized entry is
attempted by opening the hood, doors or luggage compartment. The
antitheft alarm system is also activated when the vehicle is locked by
pressing the lock button on the remote control vehicle key.
Deactivation of the alarm system is performed by opening the vehicle
with the key fob, using the mechanical key in the driver's door lock
cylinder or opening the vehicle using the keyless entry and locking
control.
In addressing the specific content requirements of 49 CFR 543.6,
Volkswagen provided information on the reliability and durability of
its proposed device. To ensure reliability and durability of the
device, Volkswagen stated that the antitheft device has been tested for
compliance to its corporate requirements, including those for
electrical and electronic assemblies in motor vehicles related to
performance.
In support of its belief that its antitheft device will be as or
more effective in reducing and deterring vehicle theft than the parts-
marking requirement, Volkswagen referenced the effectiveness of
immobilizer devices installed on other vehicles for which NHTSA has
granted exemptions. Specifically, Volkswagen referenced information
from the Highway Loss Data Institute which showed that BMW vehicles
experienced theft loss reductions resulting in a 73% decrease in
relative claim frequency and a 78% lower average loss payment per claim
for vehicles equipped with an immobilizer. Additionally, Volkswagen
stated that the proposed device is similar to the antitheft device
installed on its Audi A3 vehicle line which was granted an exemption by
the agency on March 13, 2009 (see 74 FR 10984). Using an average of 2
MYs' data (2010 and preliminary 2011), the theft rate for the Audi A3
vehicle line was 1.1785, which is significantly lower than the median.
Based on the supporting evidence submitted by Volkswagen on the
device, the agency believes that the antitheft device for the Audi
vehicle line will likely 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 49 CFR 543.6(a)(3): promoting activation; attracting
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 Volkswagen has provided adequate reasons for its belief that
the antitheft device for the Volkswagen Audi 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
Volkswagen provided about its device.
For the foregoing reasons, the agency hereby grants in full
Volkswagen's petition for exemption for the Volkswagen Audi vehicle
line from the parts-marking requirements of 49 CFR part 541, beginning
with the 2015 model year vehicles. 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 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 Volkswagen 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 541.5
and 541.6 (marking of major component parts and replacement parts).
NHTSA notes that if Volkswagen wishes in the future to modify the
device on which this exemption is based, the company may have to submit
[[Page 50491]]
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, 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.
Dated: July 29, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[Signature page, Grant of Petition for Exemption, 2015 VW
AudiConfidential]
[FR Doc. 2013-19987 Filed 8-16-13; 8:45 am]
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