Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; General Motors LLC |
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Topics: Chevrolet Volt
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Raymond R. Posten
National Highway Traffic Safety Administration
18 January 2017
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5642-5644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00977]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; General Motors LLC
AGENCY: National Highway Traffic Safety Administration, Department of
Transportation (DOT).
ACTION: Grant of petition for exemption.
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SUMMARY: This document grants in full the General Motors LLC's (GM)
petition for an exemption of the Chevrolet Volt 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 2018 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.
[[Page 5643]]
SUPPLEMENTARY INFORMATION: In a petition dated October 6, 2016, GM
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard for the Chevrolet Volt vehicle line beginning with
MY 2018. 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, GM provided a detailed description and diagram of the
identity, design, and location of the components of the antitheft
device for the MY 2018 Chevrolet Volt vehicle line. GM stated that its
Chevrolet Volt vehicle line will be installed with the PASS-Key III+
antitheft device as standard equipment. The PASS-Key III+ is a passive,
transponder based, electronic engine immobilizer antitheft device. GM
stated that a keyless ignition system will be installed on its
Chevrolet Volt vehicle line. Key components of its PASS-Key III+ system
will include an electronically-coded ignition key, a body control
module (BCM) with integrated PASS-Key III+ controller, engine control
module (ECM), immobilizer exciter module, radio frequency (RF) receiver
module, passive antenna module and low frequency antennas (LF). The
electronic key is incorporated within a remote key fob. The key fob
contains buttons to perform normal remote keyless door entry functions.
GM stated that the device will provide protection against unauthorized
use (i.e., starting and engine fueling), but will not provide any
visible or audible indication of unauthorized vehicle entry (i.e.,
flashing lights or horn alarm).
GM'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, GM
provided information on the reliability and durability of its proposed
device. To ensure reliability and durability of the device, GM
conducted tests based on its own specified standards. GM provided
information on the specific tests it uses to validate the integrity,
durability and reliability of the PASS-Key III+ device and believes
that the device is reliable and durable since the components must
operate as designed after each test. GM also stated that the design and
assembly processes of the PASS-Key III+ subsystem and components are
validated for 10 years of vehicle life and 150,000 miles of
performance. The PASS-Key III+ incorporates a higher level of
electrical sophistication by utilizing an electronic key that is
protected from electrical duplication.
GM stated that the PASS-Key III+ device is designed to be active at
all times without direct intervention by the vehicle operator. No
separate intentional action to turn on the security system is needed to
achieve protection. Activation of the device occurs when the operator
pushes the engine Start/Stop switch to the ``OFF'' position.
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. When the operator pushes the Engine
Start/Stop switch to begin vehicle operation, the vehicle transmits
randomly generated data and a vehicle identifier within the passenger
compartment of the vehicle through three low-frequency antennas that is
controlled by the passive antenna module. The electronic key receives
the data and compares its vehicle identifier with the identifier
previously assigned to the vehicle. If the vehicle identifier matches
the identifier of the vehicle for which the key is programmed, the
electronic key will transmit a response through the RF channel to a
vehicle mounted receiver. The PASS-Key III+ control module receives the
RF transmission and compares the received response with an internally
calculated response. If the values match, the key is recognized as
valid and a password is then transmitted through a serial data link to
the ECM to enable fueling and vehicle starting. If an invalid key code
is detected, the system will not transmit a password to the ECM to
allow operation of the vehicle. Additionally, if an invalid electronic
key code is received, the vehicle will not be allowed to transition
from the ``Off'' mode to the ``Accessory'', ``On'', or ``Start'' mode
positions inhibiting starting, ignition, and fuel flow of the vehicle.
GM further stated that the ignition key contains electronics which
provides billions of possible electronic combinations. The electronics
receive energy and data from the antenna module. Upon receipt of the
data, and a vehicle indicator match, the electronic key will calculate
a response to the data using an internal encryption algorithm and
transmit the response back to the vehicle. The antenna module then
translates the radio frequency signal received from the key into a
digital signal and passes the signal on to the controller module. The
controller module then compares the received response to an internally
calculated value. If the values match, the key is recognized as valid
and a password is transmitted through a serial data link to the ECM to
enable fueling and vehicle starting. GM also stated that a secondary
data challenge and response process using another encryption algorithm
must be validated by the engine controller to allow continued
operation. If an invalid key code is received, the PASS-Key III+
controller module will send a ``Disable Password'' to the engine
control module and starting, ignition, and fuel flow will be inhibited.
GM stated that the PASS-Key III+ device has been designed to
enhance the functionality and theft protection provided by its first,
second and third generation PASS-Key, PASS-Key II, and PASS-Key III
devices. GM also referenced data provided by the American Automobile
Manufacturers Association (AAMA) in support of the effectiveness of
GM's PASS-Key devices in reducing and deterring motor vehicle theft
found in the AAMA's comments referencing the agency's Preliminary
Report on ``Auto Theft and Recovery Effects of the Anti-Car Theft Act
of 1992 and the Motor Vehicle Theft Law Enforcement Act of 1984'',
(Docket 97-042; Notice 1).
GM also noted that theft data have indicated a decline in theft
rates for vehicle lines equipped with comparable devices that have
received full exemptions from the parts-marking requirements. GM stated
that the theft data, as provided by the Federal Bureau of
Investigation's National Crime Information Center (NCIC) and compiled
by the agency, show that theft rates are lower for exempted GM models
equipped with the PASS-Key like systems than the theft rates for
earlier models with similar appearance and construction that were
parts-marked. Based on the performance of the PASS-Key, PASS-Key II,
and PASS-Key III devices on other GM models, and the advanced
technology utilized in PASS-Key III+, GM believes that the PASS-Key
III+ device will be more effective in deterring theft than the parts-
marking requirements of 49 CFR part 541.
GM stated that it believes that PASS-Key III+ devices will be at
least as effective in deterring theft as the parts-marking requirements
and that the agency should find that installation of the PASS-Key III+
device on the Chevrolet Volt vehicle line is sufficient to qualify it
for full exemption from the parts-marking requirements.
[[Page 5644]]
Based on the evidence submitted by GM, the agency believes that the
antitheft device for the Chevrolet Volt 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).
GM's proposed device lacks an audible or visible alarm. Therefore,
this device cannot perform one of the functions listed in 49 CFR part
543.6(a)(3), that is, to call attention to unauthorized attempts to
enter or move the vehicle. The agency concludes that the device will
provide the 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
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 GM has provided adequate reasons for its belief that the
antitheft device for the Chevrolet Volt 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 GM
provided about its device.
For the foregoing reasons, the agency hereby grants in full GM's
petition for exemption for the Chevrolet Volt vehicle line from the
parts-marking requirements of 49 CFR part 541 beginning with the 2018
model year. 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 GM decides not to use the exemption for this line, it should
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 GM 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
1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-00977 Filed 1-17-17; 8:45 am]
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