Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; BMW of North America, LLC |
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Topics: BMW 8 Series
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Raymond R. Posten
National Highway Traffic Safety Administration
16 May 2018
[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Notices]
[Pages 22742-22743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10428]
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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.
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SUMMARY: This document grants in full the BMW of North America, LLC's
(BMW) petition for exemption of the 8 series vehicle line in accordance
with Exemption from the Theft Prevention Standard. This petition is
granted because the Agency has determined that the antitheft device to
be placed on the vehicle 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). BMW also requested
confidential treatment for specific information in its petition.
Therefore, no confidential information provided for purposes of this
notice has been disclosed.
DATES: The exemption granted by this notice is effective beginning with
the 2019 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, National
Highway Traffic Safety Administration, West Building, Room W43-439,
1200 New Jersey Avenue SE, 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 January 12, 2018, BMW
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard for the 8 series vehicle line beginning with MY
2019. 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, BMW provided a detailed description and diagram of the
identity, design, and location of the components of the antitheft
device for its 8 series vehicle line. BMW stated that its 8 series
vehicle line will be installed with a passive, electronically-coded,
vehicle immobilizer system (EWS) as standard equipment that will
prevent the vehicle from being driven away under its own engine power.
Key features of the antitheft device will include a remote-control w/
mechanical key, ring antenna (transponder coil), low frequency antenna
(LF), engine control unit (DME/DDE) with encoded start release input, a
passive immobilizer, and an EWS (BDC) control unit. BMW also stated
that it will not offer an audible or visible alarm feature on the
proposed device.
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 its device, BMW stated that it
conducted tests on the antitheft device which complied with its own
specific standards. BMW further stated that its antitheft device
fulfills the requirements of the January 1995 European vehicle
insurance companies. In further addressing the reliability and
durability of its device, BMW provided information on the uniqueness of
its mechanical keys to be used on the 8 series vehicle line.
Specifically, BMW stated that the vehicle's mechanical keys are unique
because they require a special key blank, cutting machine and a unique
vehicle code to allow for key duplication. BMW also stated that the
mechanical keys cannot be used to deactivate the device but that
activation must be done electronically. BMW further stated that the new
keys will only be issued to authorized persons and will incorporate
special guide-way millings, making the locks almost impossible to pick
and the keys impossible to duplicate on the open market.
BMW stated that activation of its antitheft device occurs
automatically when the engine is shut off and the vehicle key is
removed from the ignition system. BMW stated that a transponder
(transmitter/receiver) in the radio frequency remote control
communicates with the EWS (BDC) control unit providing the interface to
the loop antenna (coil), engine control unit and starter. After an
initial starting value, the authentication uses the challenge response
technique with symmetric secret key. BMW further stated that when the
control unit identifies the correct release signal, the ignition signal
and fuel supply are released allowing operation of the vehicle.
BMW also stated that the vehicle is equipped with a central-locking
system that can be operated to lock and unlock all doors or to unlock
only the driver's door, preventing forced entry into the vehicle
through the passenger doors. BMW further stated that 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 its 8 series
vehicle 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. Specifically, BMW has
installed its antitheft device
[[Page 22743]]
on its X1 (MPV and passenger cars), X2, X3, X4 and X5 vehicle lines, as
well as its Carline 1, 3, 4, 5, 6, 7, Z4, MINI and MINI Countryman
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 8 series
vehicle line. BMW stated that for MY/CY 2014, the Agency's data show
that the theft rates for its vehicle lines are: 0.47 (2-series), 0.91
(3-series), 0.80 (4-series), 0.90 (5-series), 1.83 (6-series) 2.85 (7-
series), 0.30 (X1), 0.60 (X3), 0.00 (X5), 0.43 (Z4), 0.00 (i3), 0.00
(i8) and 0.41 (MINI Cooper). Using an average of 3 MYs data (2012-
2014), NHTSA's theft rates for BMW's 2 series, 3 series, 4 series, 5
series, 6 series, 7 series, X1, X3, X5, Z4, i3, i8 and MINI Cooper
vehicle lines are 0.7416, 0.7566, 0.8041, 1.0805, 2.5509, 2.0632,
0.2672, 0.6117, 0.0000, 0.8159, 0.0000, 0.0000 and 0.2379 respectively,
all below the median theft rate of 3.5826.
Based on the supporting evidence submitted by BMW, the Agency
believes that the antitheft device for the BMW 8 series 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). 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 8 series 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 BMW
provided about its device.
For the foregoing reasons, the Agency hereby grants in full BMW's
petition for exemption for the MY 2019 8 series 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 MY. 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 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 parts 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 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 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 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2018-10428 Filed 5-15-18; 8:45 am]
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