Petition for Exemption From the Federal Motor Vehicle Motor Theft Prevention Standard; Tesla |
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Topics: Tesla Model 3
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Raymond R. Posten
National Highway Traffic Safety Administration
11 May 2017
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Notices]
[Pages 22056-22058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09516]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Motor Theft
Prevention Standard; Tesla
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 petition of Tesla Motors
Inc's., (Tesla) petition for an exemption of the Model 3 vehicle line
in accordance with the 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
Federal Motor Vehicle Theft Prevention Standard (Theft Prevention
Standard). Tesla also requested confidential treatment for specific
information in its petition. While official notification on granting or
denying Tesla's request for confidential treatment will be addressed by
separate letter, no confidential information provided for purposes of
this document has been disclosed.
DATES: The exemption granted by this notice is effective beginning with
the 2017 model year (MY).
FOR FURTHER INFORMATION CONTACT: Mr. Hisham Mohamed, Office of
International Policy, Fuel Economy and Consumer Standards, NHTSA, W43-
437, 1200 New Jersey Avenue SE., Washington, DC 20590. Mr. Mohamed's
phone number is (202) 366-0307. His fax number is (202) 493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated September 16, 2016,
Tesla requested an exemption from the parts-marking requirements of the
Theft Prevention Standard for the Model 3 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.
[[Page 22057]]
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,
Tesla provided a detailed description and diagram of the identity,
design, and location of the components of the antitheft device for the
Model 3 vehicle line. Tesla proposes to install a passive, transponder-
based, electronic engine immobilizer device as standard equipment on
its Model 3 vehicle line beginning with its MY 2017 vehicles. Key
components of the antitheft device include an engine immobilizer,
central body controller, security controller, gateway function, drive
inverters and a passive entry transponder (PET). Tesla also stated that
the antitheft device is an upgraded version of the successful antitheft
device currently installed as standard equipment on all Tesla Model S/X
vehicles, and served as the basis for NHTSA's earlier granting of an
exemption for that vehicle line. Tesla also noted that improvements to
the existing antitheft device include a new coded exchange between the
drive inverters and central body controller and, enhanced security
communication between its components. Tesla further stated that its
antitheft device will be installed with an audible alarm system as
standard equipment on the entire line. Tesla stated that forced entry
into the vehicle or any type of unauthorized entry without the correct
PET will trigger an audible alarm. Tesla further stated that in
addition to an unauthorized access through the doors, the alarm will
also trigger when a break-in is attempted through both the front and
rear cargo areas.
Tesla explained that its antitheft device will have a two-step
activation process with a vehicle code query conducted at each stage.
The first stage allows access to the vehicle when an authorization
cycle occurs between the PET and the Security Controller, as long as
the PET is in close proximity to the car and the driver either pushes
the lock/unlock button on the key fob, pushes the exterior door handle
to activate the handle sensors or inserts a hand into the handle to
trigger the latch release. During the second stage, vehicle operation
will be enabled when the driver sits in the driver's seat and has
depressed the brake pedal. The driver can then move the gear selection
stalk to drive or reverse. When one of these actions is performed, the
security controller will poll to verify if the appropriate PET is
inside the vehicle. Upon location of the PET, the security controller
will run an authentication cycle with the key confirming the correct
PET is being used inside the vehicle. Tesla stated that once
authentication is successful, the security controller initiates a coded
message through the gateway. If the code exchange matches the code
stored in the drive inverters, the exchange will authorize the drive
inverter to deactivate immobilization and allow the vehicle to be
driven under its own power. Tesla stated that the immobilizer is active
when the vehicle is turned off and the doors are locked. Any attempt to
operate the vehicle without performing and completing each task will
render the vehicle inoperable. Additionally, Tesla has incorporated an
additional security measure to protect its Model 3 vehicle line. Tesla
stated that when there are no user inputs to the vehicle within a
programmed period of time, immobilization of the antitheft device will
be reactivated, even if the car is unlocked or has the antitheft device
has already been deactivated.
Tesla'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 Sec. 543.6,
Tesla provided information on the reliability and durability of its
proposed device. Tesla stated that all components of its antitheft
device are contained inside the vehicle's passenger compartment in
locations not readily accessible, or are contained within other vehicle
components. Tesla stated that this will protect the antitheft device
from exposure to the elements as well as significantly limit
accessibility to those components by unauthorized personnel.
Additionally, Tesla stated that it expects the components of the
antitheft device to be reliable because the antitheft device relies on
electronic functions and not mechanical functions. Tesla also provided
the agency with a reliability engineering test report. Tesla believes
the report provides sufficient reliability and durability information
as required by 49 CFR 543.6(a)(1)(v). Tesla stated that the reliability
and durability testing completed on its Tesla Model 3 Security
Controller PCBA has shown to meet the requirements based on Tesla
Reliability Testing and Validation Specification and the Model 3
product launch reliability targets.
Tesla stated that the Model 3 antitheft device will be similar to
the version designed to deter theft of its Model S and X vehicles. It
noted that similar to the Model S and X vehicle lines, its antitheft
device requires coded communication between the security controller and
drive inverters. Tesla further stated that even gaining access to the
12V power supply to the Security Controller or Gateway will not allow a
thief to bypass the system because only inputs from a correct code can
deactivate the system and allow the vehicle to function. Tesla also
stated that it expects the Model 3 vehicle line to achieve very, low
theft rates with the installation of its antitheft immobilizer device.
Tesla further stated it believes that having a powerful antitheft
device, with electronic locks and an alarm system installed on its
Model 3 vehicle line strongly indicates that its Model 3 vehicle line
will have significantly lower theft rates than comparable vehicles that
have only been parts marked in accordance with 49 CFR part 541.
Comparatively, Tesla stated that the antitheft device proposed for
its Model 3 vehicle line is similar to other antitheft devices which
NHTSA has already determined to be as effective in reducing and
deterring motor vehicle theft as the parts marking requirements (i.e.,
the Tesla Model S and X vehicle lines). Specifically, the agency's data
show that using an average of 3 MY's (final 2012-2013 and preliminary
2014) theft rate data, the average theft rate for the Tesla Model S
vehicle line is (0.1123), which is well below the median theft rate of
3.5826. There is no theft rate data available for the Model X vehicle
line because it is a newly introduced vehicle.
Based on the evidence submitted by Tesla, the agency believes that
the antitheft device for the Model 3 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).
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 Tesla has provided adequate reasons for its belief that the
antitheft device for the Model 3 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 Tesla provided about its
device.
[[Page 22058]]
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 Tesla's
petition for exemption for the Model 3 vehicle line from the parts-
marking requirements of 49 CFR part 541, beginning with the 2017 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 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 Tesla 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 541.5 and
541.6 (marking of major component parts and replacement parts).
NHTSA notes that if Tesla 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. Section 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, 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 Sec.
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.
Authority: 49 CFR 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-09516 Filed 5-10-17; 8:45 am]
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