Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; BMW of North America, LLC |
|---|
Topics: BMW X1
|
Raymond R. Posten
National Highway Traffic Safety Administration
March 20, 2015
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 15051-15053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06384]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor 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 an exemption of the X1 multi-purpose vehicle line
(MPV) 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 49 CFR part 541, Federal Motor Vehicle Theft Prevention
Standard (Theft Prevention Standard). 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 2016 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 November 21, 2014, BMW
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard for the X1 MPV 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. BMW stated that its
X1 MPV line will be replacing its X1 passenger car line beginning with
MY 2016. In its petition, BMW provided a detailed description and
diagram of the identity, design, and location of the components of the
antitheft device for
[[Page 15052]]
its X1 MPV line. BMW stated that the X1 MPV line will be installed with
an engine immobilizer device as standard equipment. 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 will not offer an audible
or visible alarm feature on the proposed device.
BMW stated that the antitheft device is a passive vehicle
immobilizer system. BMW further stated that the EWS immobilizer device
prevents the vehicle from being driven away under its own engine power.
BMW further stated that the EWS immobilizer device also fulfills the
requirements of the European vehicle insurance companies.
BMW stated that activation of its immobilizer device occurs
automatically when the engine is shut off and the vehicle key is
removed from the ignition lock cylinder. Deactivation of the device
occurs when the Start/Stop button is pressed and the vehicle starting
process begins. BMW stated that deactivation cannot be carried out with
a mechanical key, but must occur electronically. Specifically, BMW
stated that its transponder sends key data to the EWS/CAS control unit.
The correct key data must be recognized by the EWS/CAS control unit in
order for the vehicle to start. The transponder contains a chip which
is integrated in the key and powered by a battery. The transponder also
consists of a transmitter/receiver which communicates with the EWS/CAS
control unit. The EWS/CAS 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/CAS control unit to deactivate the device and
allow the vehicle to start. When the EWS/CAS 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 units. The DME/DDE must
identify the release signal and only then will the ignition signal and
fuel supply be released.
BMW stated that 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, thereby 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 further stated that all of its vehicles are currently equipped
with antitheft devices as standard equipment, including the BMW X1 MPV
line. 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. BMW stated that the antitheft
device that it intends to install on its X1 MPV line for MY 2016 has
been sufficient to grant exemptions for other vehicle lines.
Specifically, BMW has installed its antitheft device on its X1
(passenger car), X3, X4 and X5 vehicle lines, as well as its Carline 1,
3, 4, 5, 6, 7, Z4, and MINI vehicle lines, all which have been granted
parts-marking exemptions by the agency. 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 X1 MPV line. BMW also stated that for MY/CY 2011, the
agency's data show that theft rates for its lines are: 0.69 (1-series),
0.62 (3-series), 0.63 (5-series), 1.08 (7-series), 0.26 (X3), 0.00
(X5), 0.00 (X6), 0.55 (Z4/M), and 0.35 (MINI). Using an average of 3
MYs data (2010-2012), NHTSA's theft rates for BMW's 1 series, 3 series,
5 series, 6 series, 7 series, X3, X5, X6, Z4/M and MINI vehicle lines
are 0.5503, 07177, 0.7314, 0.0000, 1.7952, 0.2055, 0.5501, 2.5840,
0.4696 and 0.3770 respectively. Theft data for BMW's X1 (passenger
car), X4, and Carline 4 is not available.
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.
In addressing the specific content requirements of Part 543.6, BMW
provided information on the reliability and durability of its device.
To ensure reliability and durability of the device, BMW conducted tests
and believes that the device is reliable and durable because it
complied with its own specific standards and the antitheft device is
installed on other vehicle lines for which the agency has granted a
parts-marking exemption. Further assuring the reliability and
durability of the X1 antitheft device, BMW notes that the mechanical
keys for the X1 MPV line are unique. Specifically, 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, and the guide-ways that are milled in the
mechanical keys make the locks almost impossible to pick and the keys
impossible to duplicate on the open market.
BMW's proposed device lacks an audible or visible alarm, therefore,
this device cannot perform one of the functions listed in 49 CFR
543.6(a)(3), that is, to call attention to unauthorized attempts to
enter or move the vehicle. However, in its November 2014 petition, BMW
asserted that in a previous Federal Register notice published by the
agency (58 FR 44872, dated August 25, 1993), NHTSA's review of the
theft data for 10 General Motors' (GM) vehicle lines that had been
granted partial exemptions concluded that the lack of an audible and
visible alarm had not prevented the antitheft device from being
effective and that despite the absence of an audible or visible alarm,
when placed on vehicle lines as standard equipment, the GM antitheft
devices ``continue to be as effective in deterring and reducing motor
vehicle theft as compliance with parts-marking requirements.''
Therefore, BMW expects that the X1's antitheft device will be just as
effective as parts-marking.
Based on the supporting evidence submitted by BMW, the agency
believes that the antitheft device for the BMW X1 MPV 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 X1 MPV line is likely to be as effective in
reducing and deterring motor vehicle theft as compliance with
[[Page 15053]]
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 2016 X1 MPV 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 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 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
characterized as de minimis, it should consult the agency before
preparing and submitting a petition to modify.
Issued in Washington, DC, under authority delegated in 49 CFR
Part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-06384 Filed 3-19-15; 8:45 am]
BILLING CODE 4910-59-P