Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Jaguar Land Rover North America LLC |
|---|
Topics: Jaguar XE
|
Raymond R. Posten
National Highway Traffic Safety Administration
December 9, 2015
[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Notices]
[Pages 76615-76617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30930]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor 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.
-----------------------------------------------------------------------
SUMMARY: This document grants in full the Jaguar Land Rover North
America LLC's, (Jaguar Land Rover) petition for an exemption of the
Jaguar XE 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 2017 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, 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 October 9, 2015, Jaguar
Land Rover requested an exemption from the parts-marking requirements
of the Theft Prevention Standard for the Jaguar XE vehicle line
beginning with MY 2017. 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 part 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 Jaguar XE vehicle line. Jaguar Land Rover
stated that the MY 2017 Jaguar XE 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), remote frequency receiver (RFR), remote
frequency actuator (RFA), immobilizer antenna unit (IAU), Smart Key,
and door control units (DCU). Jaguar Land Rover stated that its
antitheft device will also be installed with an audible and visual
perimeter alarm system as standard equipment. If unauthorized entry is
attempted by opening the vehicle's hood, trunk or doors, the alarm will
sound and the vehicle's exterior lights will flash. Jaguar Land Rover
also stated that the perimeter alarm system can be armed either with
the Smart Key or programmed to be passively armed.
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 activated when the Smart
Key is removed from the vehicle. Deactivation occurs once the driver
approaches the vehicle by pulling on the driver's door handle or using
the Smart Key unlock button to unlock the doors. Jaguar Land Rover
stated that the Smart Key is programmed and synchronized to the vehicle
through the means of a unique identification key code and a randomly
generated secret code that is unique to each 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. Jaguar Land Rover stated that reliability
and durability of its device is further supported by equipping its
vehicles with a key recognition sequence that has over a billion code
combinations with encrypted data that are secure against duplication.
Jaguar Land Rover stated that the coded data transfer between the
modules that will be installed on its XE vehicles use a unique, secure
identifier, a random number and a secure public algorithm. Jaguar Land
Rover further
[[Page 76616]]
stated that since the Jaguar XE vehicle line will utilize a push button
vehicle ignition, it does not have a conventional mechanical key barrel
which would allow for forcible bypass of the key-locking system.
Jaguar Land Rover stated that there will be three methods of system
operation for its XE vehicle line. Specifically, operation of the
engine is accomplished when either the Smart Key is automatically
detected by the vehicle, the vehicle is unlocked using 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 after the driver/operator
approaches the vehicle, pulls the driver's door handle, and unlocks the
doors. When the driver presses the ignition start button, a search
begins to find and authenticate the Smart Key within the vehicle
interior. Jaguar Land Rover stated that if this is successful, the
information is passed through a coded data transfer to the BCM via the
RFA. Then, the BCM will 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. Jaguar Land Rover stated that if the Smart Key has a
discharged or damaged battery, the driver/operator can use method three
of removing an emergency key blade from the Smart Key to unlock the
doors. After using this method, 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 under the foot well lamp on the driver's side knee
bolster. 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 a code data
transfer, and then the BCM sends the ``key valid'' message to the PCM
initiating a coded data transfer. If successful, the engine will start
the vehicle.
Jaguar Land Rover stated that the Jaguar XE is a new vehicle line
and therefore theft rate data is not available. Jaguar Land Rover
further stated that its immobilizer antitheft device is substantially
similar to the antitheft device installed on the Jaguar XF-Type, Land
Rover Discovery Sport, Jaguar F-Type, Jaguar XJ, and the Land Rover
Range Rover Evoque vehicle lines which have all been granted parts-
marking exemptions by the agency. Jaguar Land Rover stated that based
on MY 2012 theft information published by NHTSA, the Jaguar Land Rover
vehicles equipped with immobilizers had a combined theft rate of 0.81
per thousand vehicles, which is below NHTSA's overall theft rate of
1.13 thefts per thousand vehicles. Using an average of 3 MYs data
(2011-2013), NHTSA's theft rates for the Jaguar XF-Type, Jaguar XJ and
the Land Rover Range Rover Evoque are 0.7237, 1.1466 and 0.4495
respectfully. Theft data for the Jaguar F-Type and the Land Rover
Discovery Sport is not available. 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
Jaguar XE 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.
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 XE 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 provided about its device.
For the foregoing reasons, the agency hereby grants in full Jaguar
Land Rover's petition for exemption for the Jaguar XE 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 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.''
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
[[Page 76617]]
minimis, it should consult the agency before preparing and submitting a
petition to modify.
Issued in Washington, DC under authority delegated in 49 CFR
1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-30930 Filed 12-8-15; 8:45 am]
BILLING CODE 4910-59-P