Petitions for Exemption From the Federal Motor Vehicle Theft Prevention Standard; General Motors, LLC |
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Topics: Chevrolet Trax
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Raymond R. Posten
National Highway Traffic Safety Administration
14 April 2021
[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Notices]
[Pages 19692-19695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07569]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petitions for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; General Motors, LLC
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petitions for exemption.
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SUMMARY: This document grants in full the General Motors, LLC's (GM)
petition for exemption from the Federal Motor Vehicle Theft Prevention
Standard (Theft Prevention Standard) for its Chevrolet Trax line
beginning in model year (MY) 2022. The 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 Theft Prevention Standard.
DATES: The exemption granted by this notice is effective beginning with
the 2022 model year.
FOR FURTHER INFORMATION CONTACT: Carlita Ballard, Office of
International Policy, Fuel Economy, and Consumer Programs, NHTSA, West
Building, W43-439, NRM-310, 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: Under 49 U.S.C. Chapter 331, the Secretary
of Transportation (and the National Highway Traffic Safety
Administration (NHTSA) by delegation) is required to promulgate a theft
prevention standard to provide for the identification of certain motor
vehicles and their major replacement parts to impede motor vehicle
theft. NHTSA promulgated regulations at Part 541 (Theft Prevention
Standard) to require parts-marking for specified passenger motor
vehicles and light trucks. Pursuant to 49 U.S.C. 33106, manufacturers
that are subject to the parts-marking requirements may petition the
Secretary of Transportation
[[Page 19693]]
for an exemption for a line of passenger motor vehicles equipped as
standard equipment with an antitheft device that the Secretary decides
is likely to be as effective in reducing and deterring motor vehicle
theft as compliance with the parts-marking requirements. In accordance
with this statute, NHTSA promulgated 49 CFR part 543, which establishes
the process through which manufacturers may seek an exemption from the
Theft Prevention Standard.
49 CFR 543.5 provides general submission requirements for petitions
and states that each manufacturer may petition NHTSA for an exemption
of one vehicle line per model year. Among other requirements,
manufacturers must identify whether the exemption is sought under
section 543.6 or section 543.7. Under section 543.6, a manufacturer may
request an exemption by providing specific information about the
antitheft device, its capabilities, and the reasons the petitioner
believes the device to be as effective at reducing and deterring theft
as compliance with the parts-marking requirements. Section 543.7
permits a manufacturer to request an exemption under a more streamlined
process if the vehicle line is equipped with an antitheft device (an
``immobilizer'') as standard equipment that complies with one of the
standards specified in that section.
Section 543.8 establishes requirements for processing petitions for
exemption from the Theft Prevention Standard. As stated in section
543.8(a), NHTSA processes any complete exemption petition. If NHTSA
receives an incomplete petition, NHTSA will notify the petitioner of
the deficiencies. Once NHTSA receives a complete petition it will
process it and, in accordance with section 543.8(b), will grant the
petition 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.
Section 543.8(c) requires NHTSA to issue its decision either to
grant or to deny an exemption petition not later than 120 days after
the date on which a complete petition is filed. If NHTSA does not make
a decision within the 120-day period, the petition shall be deemed to
be approved and the manufacturer shall be exempt from the standard for
the line covered by the petition for the subsequent model year.\1\
Exemptions granted under Part 543 apply only to the vehicle line or
lines that are subject to the grant and that are equipped with the
antitheft device on which the line's exemption was based, and are
effective for the model year beginning after the model year in which
NHTSA issues the notice of exemption, unless the notice of exemption
specifies a later year.
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\1\ 49 U.S.C. 33106(d).
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Sections 543.8(f) and (g) apply to the manner in which NHTSA's
decisions on petitions are to be made known. Under section 543.8(f), if
the petition is sought under section 543.6, NHTSA publishes a notice of
its decision to grant or deny the exemption petition in the Federal
Register and notifies the petitioner in writing. Under section
543.8(g), if the petition is sought under section 543.7, NHTSA notifies
the petitioner in writing of the agency's decision to grant or deny the
exemption petition.
This grant of petition for exemption considers GM's petition for
its Chevrolet Trax vehicle line beginning in MY 2022.
I. Specific Petition Content Requirements Under 49 CFR 543.6
Pursuant to 49 CFR part 543, Exemption from Vehicle Theft
Prevention, GM petitioned for an exemption for its specified vehicle
line from the parts-marking requirements of the Theft Prevention
Standard, beginning in MY 2022. GM petitioned under 49 CFR 543.6,
Petition: Specific content requirements, which, as described above,
requires manufacturers to provide specific information about the
antitheft device installed as standard equipment on all vehicles in the
line for which an exemption is sought, the antitheft device's
capabilities, and the reasons the petitioner believes the device to be
as effective at reducing and deterring theft as compliance with the
parts-marking requirements.
More specifically, section 543.6(a)(1) requires petitions to
include a statement that an antitheft device will be installed as
standard equipment on all vehicles in the line for which the exemption
is sought. Under section 543.6(a)(2), each petition must list each
component in the antitheft system, and include a diagram showing the
location of each of those components within the vehicle. As required by
section 543.6(a)(3), each petition must include an explanation of the
means and process by which the device is activated and functions,
including any aspect of the device designed to: (1) Facilitate or
encourage its activation by motorists; (2) attract attention to the
efforts of an unauthorized person to enter or move a vehicle by means
other than a key; (3) prevent defeating or circumventing the device by
an unauthorized person attempting to enter a vehicle by means other
than a key; (4) prevent the operation of a vehicle which an
unauthorized person has entered using means other than a key; and (5)
ensure the reliability and durability of the device.\2\
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\2\ 49 CFR 543.6(a)(3).
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In addition to providing information about the antitheft device and
its functionality, petitioners must also submit the reasons for their
belief that the antitheft device will be effective in reducing and
deterring motor vehicle theft, including any theft data and other data
that are available to the petitioner and form a basis for that
belief,\3\ and the reasons for the petitioner's belief that the agency
should determine that the antitheft device is likely to be as effective
as compliance with the parts-marking requirements of Part 541 in
reducing and deterring motor vehicle theft, including any statistical
data that are available to the petitioner and form the basis for the
petitioner's belief that a line of passenger motor vehicles equipped
with the antitheft device is likely to have a theft rate equal to or
less than that of passenger motor vehicles of the same, or a similar,
line which have parts marked in compliance with Part 541.\4\
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\3\ 49 CFR 543.6(a)(4).
\4\ 49 CFR 543.6(a)(5).
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The following sections describe GM's petition information provided
pursuant to 49 CFR part 543, Exemption from Vehicle Theft Prevention.
To the extent that specific information in GM's petition is subject to
a properly filed confidentiality request, that information will not be
disclosed as part of this notice. See 49 CFR 512.20(a).
In a petition dated August 14, 2020, GM requested an exemption from
the parts-marking requirements of the Theft Prevention Standard for its
Chevrolet Trax vehicle line beginning with MY 2022. Pursuant to section
543.6(a)(1), GM stated that the antitheft device described in its
petition, the PASS-Key III+, will be installed as standard equipment on
its Chevrolet Trax vehicles starting with MY 2022. PASS-Key III+ is a
transponder-based electronic engine immobilizer antitheft device.
In accordance with section 543.6(a)(2), GM provided a detailed
description and diagram of the identity, design, and location of the
components of the antitheft device for its Chevrolet Trax vehicle line.
Key components of the antitheft device include a PASS-Key III+
controller module, engine control module (ECM), an electronically-coded
ignition key, a radio frequency (RF) receiver, an immobilizer exciter
module, three low frequency antennas, and a
[[Page 19694]]
passive antenna module and provided a diagram of the locations of the
components.
GM stated that the PASS-Key III+ immobilizer device is designed to
be active at all times without direct intervention by the vehicle
operator. GM further stated that activation of the device occurs
immediately after the ignition has been turned off and the key has been
removed and deactivation of the antitheft device occurs automatically
when the engine is started.
GM stated that the Chevrolet Trax vehicle line will be equipped
with one of two ignition versions. Specifically, the Chevrolet Trax
will be equipped with either a keyed or keyless ignition version of its
PASS-Key III+ immobilizer antitheft device. GM stated that the
``keyed'' ignition version utilizes a special ignition key and decoder
module and its electrical code must be sensed and properly decoded by
the controller module before the vehicle can be operated. GM further
stated that with the ``keyless'' ignition version, an electronic key
fob performs normal remote keyless entry functions and communicates
with the vehicle without direct owner intervention. Specifically,
during operation of the vehicle, when the owner presses the engine
start/stop switch, the vehicle transmits a randomly generated challenge
and vehicle identifier within the passenger compartment of the vehicle
via three low-frequency antennas, controlled by the passive antenna
module. The electronic key receives the data and if the vehicle
identifier matches that of the vehicle, the electronic key will
calculate the response to the vehicle using the challenge and secret
information shared between the key and the vehicle. The electronic key
then transmits the response via a radio frequency channel to a vehicle
mounted receiver, conveying the information to the PASS-Key III+
control module. The PASS-Key III+ control module compares the received
response with an internally calculated response. If the values match,
the device will allow the vehicle to enter functional modes and
transmit a fixed code pre-release password to the engine controller
over the serial data bus, and enable computation and communication of a
response to any valid challenge received from the engine controller. If
a valid key is not detected, the system will not transmit a fixed code
pre-release password to the engine controller and fuel will not be
delivered to the engine and the starter will not be enabled, so the
vehicle will be immobilized.
GM provided information on the reliability and durability of its
proposed device as required by section 543.6(a)(3)(v). To ensure
reliability and durability of the device, GM followed its own standards
in assessing reliability and conducted tests to validate the integrity,
durability and reliability of the PASS-Key III+ device, including tests
for high temperature storage, low temperature storage, thermal shock,
humidity, frost, salt fog, flammability and others. GM further 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.
In support of its belief that its antitheft device will be as
effective as or more effective than the parts-marking requirement in
reducing and deterring vehicle theft, and in accordance with 49 CFR
543.6(a)(5), GM 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,
and 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.
Specifically, GM stated that data which provide the basis for GM's
confidence that the PASS-Key III+ system will be effective in reducing
and deterring motor vehicle theft are contained in the response of the
American Automobile Manufacturers Association (AAMA) to Docket 97-042;
Notice I (NHTSA Request for Comments on its preliminary Report to
Congress on the effects of the Anti Car Theft Act of 1992 and the Motor
Vehicle Theft Law Enforcement Act of 1984). In the Report to Congress,
AAMA stated the more recent antitheft systems are more effective in
reducing auto theft.
GM also stated that theft rate 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 rate 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.
III. Decision To Grant the Petition
Pursuant to 49 U.S.C. 33106 and 49 CFR 543.8(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 GM has provided adequate reasons for its belief that the
antitheft device for the Chevrolet Trax 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 the manufacturer provided
about its antitheft device. NHTSA believes, based on the supporting
evidence submitted by the manufacturer, that the antitheft device
described for its 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.
The agency concludes that GM's antitheft device will provide four
of the five types of performance features listed in section
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.
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 543.8(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 its requested vehicle
line, the manufacturer must formally notify the agency. If such a
decision is made, the line must be fully marked as required by 49 CFR
541.5 and 541.6
[[Page 19695]]
(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. Section 543.8(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, section 543.10(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 the exemption.''
The agency wishes to minimize the administrative burden that
section 543.10(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 GM
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.
For the foregoing reasons, the agency hereby grants in full GM's
petition for exemption for the Chevrolet Trax vehicle line from the
parts-marking requirements of 49 CFR part 541, beginning with its MY
2022 vehicles.
Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2021-07569 Filed 4-13-21; 8:45 am]
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