Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Honda |
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Topics: Honda CR-V
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Raymond R. Posten
Federal Motor Carrier Safety Administration
January 23, 2015
[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Notices]
[Pages 3733-3735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01117]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; Honda
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
[[Page 3734]]
ACTION: Grant of petition for exemption.
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SUMMARY: This document grants in full the American Honda Motor Co.,
Inc.'s (Honda) petition for an exemption of the Honda CR-V 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).
DATES: The exemption granted by this notice is effective beginning with
the 2016 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, West
Building, W43-439, 1200 New Jersey Avenue SE., Washington, DC 20590.
Ms. Ballard's phone number is (202) 366-5222. Her fax number is (202)
493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated November 3, 2014, Honda
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard for the CR-V vehicle line beginning with MY 2016.
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,
Honda provided a detailed description and diagram of the identity,
design, and location of the components of the antitheft device for the
CR-V vehicle line. Honda stated that its CR-V vehicle line will include
a 2WD and a 4WD variation. Honda stated that its MY 2016 vehicle line
will be installed with a passive, transponder-based, electronic-engine
immobilizer antitheft device as standard equipment. Key components of
the antitheft device will include a passive immobilizer, transponder
ignition key, ``smart entry'' remote, Powertrain Control Module (PCM)
and an Immobilizer Entry System (IMOES). Honda also stated that it will
offer two types of ignition systems on its CR-V vehicle line.
Specifically, Honda stated that the CR-V vehicle line will be offered
with a ``keyed ignition'' system or a ``smart entry with push button
start'' ignition system (``smart entry''). The ``keyed ignition''
system will be installed on its 2WD LX and 4WD LX models and the
``smart entry'' system will be installed on its 2WD EX/EXL/Touring
models, and its 4WD EX/EXL/Touring models.
Honda'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.
Honda stated that activation of its ``keyed ignition'' system
occurs when the engine is switched to the ``OFF'' position. Honda
further stated that its immobilization device is always active until
the vehicle is started using a matching ignition key and will be
activated again each time the engine is switched off. Deactivation of
the immobilizer device occurs when a valid key and matching
immobilization code is verified, allowing the engine to start and
continue normal operations. Specifically, the immobilization system
automatically checks for a matching code each time starting of the
vehicle is attempted. A matching code must be validated by both the PCM
and IMOES in order for the engine to start. Honda stated that if an
incorrect key is used to try and start the vehicle, the PCM will
prevent fueling of the engine but allow the vehicle to start and run a
few seconds before it automatically switches off and the immobilizer
telltale indicator begins to flash.
According to Honda, the ``smart entry'' system operates identically
to its ``keyed ignition'' system except that ignition for its ``smart
entry'' system vehicle is started by pushing the Engine Start/Stop
button located to the right of the steering wheel on the vehicle
dashboard. Honda stated that activation of its ``smart entry'' system
occurs when the Start/Stop button is switched to the ``OFF'' position.
Honda stated that the ``smart entry'' system operates once the remote
is within operating range, the start/stop button is pushed and matching
codes are verified by both the PCM and the IMOES, allowing the engine
to start. Deactivation of the device occurs when a ``smart entry''
remote with matching codes is placed within the operating range and
verified, allowing the engine to continue normal operations. Honda
further states that if a ``smart entry'' remote without a matching code
is placed inside the operating range and the Engine Start/Stop button
is pushed, the PCM will prevent fueling and starting of the engine.
In order to attract attention to an unauthorized person attempting
to enter its vehicles without the use of a transponder ignition key or
a ``smart entry'' remote, Honda stated that it will install a vehicle
security system as standard equipment on all CR-V vehicles to monitor
attempts of unauthorized entry. Specifically, Honda stated that
whenever an attempt is made to open one of its vehicle doors, hood or
trunk without turning a key in the key cylinder, or using the key fob
to disarm the vehicle, the vehicle's horn will sound and its lights
will flash. The vehicle security system is activated when all of the
doors are locked and the hood and trunk are closed and locked. Honda's
vehicle security system is deactivated by using the key fob to unlock
the vehicle doors or by unlocking the driver's door with the physical
ignition key. Honda stated that deactivation of the vehicle's security
system feature in its ``smart entry'' vehicles occurs when the ``smart
entry'' remote is within operating range and the operator grabs either
of the vehicle's front door handles.
Honda also stated that its CR-V vehicle line will be installed with
other features that have been designed to prevent unauthorized entry of
its vehicles without the use of a key (i.e., specially-styled ignition
key and key cylinders). Honda stated that its key cylinders will be
designed to be resistant to tampering and its key fob remote will
utilize rolling codes for the lock and unlock functions of its
vehicles. Honda will also equip its vehicle line with a hood release,
counterfeit resistant VIN plates and secondary VINs as standard
equipment. Honda further stated that as an additional security measure,
key duplication will be strictly controlled by its authorized dealers.
In addressing the specific content requirements of Sec. 543.6,
Honda provided information on the reliability and durability of its
proposed device. To ensure reliability and durability of the device,
Honda conducted tests based on its own specified standards. Honda
provided a detailed list of the tests it used to validate the
integrity, durability and reliability of the device and believes that
it follows a rigorous development process to ensure that its antitheft
device will be reliable and robust for the life of the vehicle and does
not require the presence of a key fob battery to function.
Additionally, Honda stated that its antitheft device has no moving
parts (i.e., the PCM, IMOES, ignition key, smart entry remote and the
electrical components are found within its own housing units) which
reduces the chance for deterioration or wear resulting from normal use.
[[Page 3735]]
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, Honda referenced data showing several instances of
the effectiveness of its proposed immobilizer device. Honda first
installed an immobilizer device as standard equipment on its MY 2002
CR-V vehicles and referenced NHTSA's theft rate data showing a decrease
in thefts since the installation of its immobilizer device. NHTSA's
theft rates for MYs 2010, 2011, and 2012 are 0.3195, 0.2742 and 0.2953
respectively. Using an average of 3 MYs theft data (2010-2012), the
theft rate for the CR-V vehicle line is well below the median at
0.2963.
Honda also referenced a September 2005 Highway Loss Data Institute
report showing an overall reduction in theft rates for the Honda CR-V
vehicles after introduction of the immobilizer device. Honda stated
that the data show that there was an immediate decrease in MY/calendar
year 2002 thefts with its immobilizer-installed vehicles but also
showed sustained lower theft rates in following years.
Based on the evidence submitted by Honda on its antitheft device,
the agency believes that the antitheft device for the CR-V 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.
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 Honda has provided adequate reasons for its belief that the
antitheft device for the Honda CR-V 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.
This conclusion is based on the information Honda provided about its
device.
Based on the supporting evidence submitted by Honda on its device,
the agency believes that the antitheft device for the CR-V 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 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.
For the foregoing reasons, the agency hereby grants in full Honda's
petition for exemption for the CR-V vehicle line from the parts-marking
requirements of 49 CFR part 541, beginning with the 2016 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 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 Honda 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 Honda 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, 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.
Under authority delegated in 49 CFR part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-01117 Filed 1-22-15; 8:45 am]
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