Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Maserati North America, Inc.

Topics:  Maserati Levante

Raymond R. Posten
National Highway Traffic Safety Administration
December 23, 2015

[Federal Register Volume 80, Number 246 (Wednesday, December 23, 2015)]
[Notices]
[Pages 79995-79996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32185]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Maserati North 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 Maserati North America, 
Inc.'s, (Maserati) petition for an exemption of the Levante sports 
utility vehicle (SUV) 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 the 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. 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 October 23, 2015, 
Maserati requested an exemption from the parts-marking requirements of 
the Theft Prevention Standard for the Levante 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, Maserati provided a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device for the Levante vehicle line. Maserati stated that beginning 
with the 2017 model year, its Levante vehicles will be equipped with a 
passive, antitheft device as standard equipment. Specifically, the 
device will consist of a vehicle alarm system (VTA), a remote keyless 
entry (RKE) system and a sentry key immobilizer system (SKIS). Key 
components of Maserati's antitheft device are a siren and/or horn, hood 
ajar switch, security indicator, RFHub/Keyless Ignition Node (KIN) and 
Key fob (FOBIK), Intrusion and Inclination Sensor, Door Ajar Switches, 
Intrusion Module, Central Body Controller, RKE and the SKIS. Maserati 
also informed the agency that an audible and visual vehicle alarm 
system (VTA) has been incorporated into the device to provide perimeter 
protection that will monitor the vehicle's doors, tailgate, ignition 
switch, interior vehicle intrusion and inclination sensors against 
unauthorized use or tampering. Maserati further stated that if 
unauthorized use or tampering with any of these protected areas is 
detected, the vehicle's horn/siren will sound and the exterior lamps 
will flash.
    Maserati further stated that activation of its immobilizer device 
is automatically achieved when the ignition is turned from the ``run'' 
position to the ``off'' position. Once activated, only the use of a 
valid key can disable immobilization and allow the vehicle to run. 
Maserati stated that the device is deactivated by performing an unlock 
actuation via the RKE transmitter or by starting the vehicle with a 
valid RFHub key. Specifically, Maserati stated that to start the 
vehicle, the driver must press and hold the brake pedal while pressing 
the START/STOP button. The system takes over and engages the starter 
causing the starter motor to run and automatically disengage while the 
engine is running. Maserati also stated that the RFHub contains and 
controls the SKIS preventing the engine from running more than 2 
seconds unless a valid FOBIK key is used to start the engine. Maserati 
stated that the vehicle's key fob with RKE transmitter, RFHub and the 
KIN contains over 50,000 possible electronic key combinations and 
allows

[[Page 79996]]

the driver to operate the ignition switch with the push of a button as 
long as the RKE transmitter is in the passenger compartment.
    Maserati'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 543.6, Maserati 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, Maserati 
conducted tests based on its own specified standards. Maserati provided 
a detailed list of the tests conducted (i.e., thermal temperature 
exposure on system components, resistance for humidity, ice, water 
immersion, dust exposure, drop shock on surfaces and topical 
applications to detect deterioration of key fob materials). Maserati 
stated that the VTA, including the immobilizer device and its related 
components must meet design and durability requirements for full 
vehicle useful life (10 years/120k miles). Maserati also stated that it 
believes that its device is reliable and durable because it complied 
with specified requirements for each test.
    Maserati compared its proposed device to the immobilizer antitheft 
device that has been installed on its Quattroporte and Ghibli vehicles 
as standard equipment since MY 2007. Maserati stated that the antitheft 
device proposed for installation on the Levante vehicle line will be 
identical to the antitheft device installed on its Quattroporte and 
Ghibli vehicle lines. Maserati further stated that the Levante vehicle 
line will incorporate identical vehicle/system architecture, 
powertrain, electrical and other vehicle systems similar in 
construction and design to the Quattroporte and Ghibli vehicle lines. 
The agency granted the petition for the Quattroporte vehicle line in 
full beginning with MY 2014, (see 78 FR 24304, April 24, 2013) and the 
Ghibli vehicle line beginning with the 2016 model year (see 80 FR 
20065, April 14, 2015). Theft rate data reported in Federal Register 
notices published by the agency show that the theft rate for the 
Quattroporte vehicle line, using an average of three MYs' data (2011-
2013) is 1.4684, which is significantly lower than the median theft 
rate established by the agency. There is no available theft rate data 
for the Ghibli vehicle line. Maserati believes that the low theft rate 
experienced by the Quattroporte vehicle line demonstrates the 
effectiveness of the proposed immobilizer device to be installed on the 
Levante vehicle line. Maserati further stated that historically, the 
Maserati vehicles that have been equipped with an antitheft device have 
experienced extremely low to zero theft rates as indicated by previous 
theft rate data published by NHTSA. Maserati also stated its belief 
that the advanced technology antitheft device it proposes to install on 
its Levante vehicle line is comparable in functionality and operation 
to other manufacturer's advanced antitheft devices that are currently 
installed and have been granted an exemption from the partsmarking 
requirements of the Theft Prevention Standard.
    Based on the supporting evidence submitted by Maserati on the 
antitheft device, the agency believes that the antitheft device for the 
Levante 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).
    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 Maserati has provided adequate reasons for its belief that 
the antitheft device for the Levante 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 Maserati 
provided about its device.
    The agency concludes that the device will provide the five types of 
performance listed in Sec.  543.6(a)(3): promoting activation; 
attracting attention to the efforts of unauthorized persons to enter or 
operate 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 
Maserati's petition for exemption for its Levante sports utility 
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 Maserati 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 Maserati 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 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. 2015-32185 Filed 12-22-15; 8:45 am]
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