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Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; General Motors, LLC Publication: Federal Register Signing Official: Milton E. Cooper Agency: National Highway Traffic Safety Administration Date: 29 August 2022 Topic: Buick Envision 
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[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Notices]
[Pages 52837-52840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18528]
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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 (NHTSA),
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 exemption from the Federal Motor Vehicle Theft Prevention
Standard (theft prevention standard) for its Buick Envision line
beginning in model year (MY) 2023. 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 2023 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 49 CFR 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 for an exemption for a line of
passenger motor vehicles equipped with an antitheft device as standard
equipment that the Secretary decides is likely to be as effective in
[[Page 52838]]
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.\1\
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\1\ 49 CFR 543.7 specifies that the manufacturer must include a
statement that their entire vehicle line is equipped with an
immobilizer that meets one of the flowing standards:
(1) The performance criteria (subsections 8 through 21) of
C.R.C, c. 1038.114, Theft Protection and Rollaway Prevention (in
effect March 30, 2011), as excerpted in appendix A of [part 543];
(2) National Standard of Canada CAN/ULC-S338-98, Automobile
Theft Deterrent Equipment and Systems: Electronic Immobilization
(May 1998);
(3) United Nations Economic Commission for Europe (UN/ECE)
Regulation No. 97 (ECE R97), Uniform Provisions Concerning Approval
of Vehicle Alarm System (VAS) and Motor Vehicles with Regard to
Their Alarm System (AS) in effect August 8, 2007; or
(4) UN/ECE Regulation No. 116 (ECE R116), Uniform Technical
Prescriptions Concerning the Protection of Motor Vehicles Against
Unauthorized Use in effect on February 10, 2009.
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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 the agency
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.\2\
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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\2\ 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 General Motors,
LLC's (GM) petition for its Buick Envision vehicle line beginning in MY
2023.
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 2023. 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.\3\
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\3\ 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,\4\ and the reasons for their 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. In support of this belief, the
petitioners should include 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.\5\
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\4\ 49 CFR 543.6(a)(4).
\5\ 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 was not
disclosed as part of this notice.\6\
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\6\ 49 CFR 512.20(a).
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II. GM's Petition for Exemption
In a petition originally dated July 21, 2021 and re-submitted on
May 5, 2022, GM requested an exemption from the parts-marking
requirements of the theft prevention standard for the Buick
[[Page 52839]]
Envision vehicle line beginning with MY 2023.
In its petition, GM provided a detailed description and diagram of
the identity, design, and location of the components of the antitheft
device for its Buick Envision vehicle line. Key components of the
antitheft device include a PASS-Key III+ controller, integrated within
the body control module (BCM), engine control module (ECM), an
electronically-coded ignition key, a radio frequency (RF) receiver,
three passive low frequency antennas, and 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.
Pursuant to Section 543.6(a)(3), GM explained that its PASS-Key
III+ system is activated 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 Buick Envision vehicle line will be installed
with the PASS-Key III+ as standard equipment on its entire vehicle
line. GM stated that with its ``keyless'' ignition system, 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.
As required in section 543.6(a)(3)(v), GM provided information on
the reliability and durability of its proposed device as required by
section. 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.
GM believes 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.
GM stated that the theft rate data from NHTSA's vehicle theft rate
search were used to plot the Chevrolet Equinox theft rate for the
available years 2005-2014. GM stated that the Equinox is an SUV of
similar size which is equipped with the PASS-Key III+ system. GM also
stated that the theft rate dropped after the parts-marking exemption
was granted in 2009.
GM believes that the agency should find that inclusion of PASS-Key
III+ as standard equipment on the 2023 Buick Envision vehicle line is
sufficient to qualify this vehicle line for full exemption from 49 CFR
part 541 requirements. This belief is supported not only by GM's proven
success in reducing the theft rates of its carlines, but also by the
high value the agency itself places on ``passive activation'' as a
functional dimension of theft deterrent systems.
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 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. This
conclusion is based on the information GM provided about its antitheft
device. NHTSA believes, based on GM's supporting evidence, 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): \7\ promoting
[[Page 52840]]
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.
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\7\ See, e.g., 70 FR 74107 (Dec. 14, 2005). NHTSA has previously
concluded that the lack of a visual or audio alarm has not prevented
some antitheft devices from being effective protection against
theft, where the theft data indicate a decline in theft rates for
vehicle lines that have been equipped with devices similar to that
what the petitioner is proposing to use.
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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 (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 Buick Envision vehicle line from the
parts-marking requirements of 49 CFR part 541, beginning with its MY
2023 vehicles.
Issued under authority delegated in 49 CFR 1.95, 501.5 and
501.8.
Milton E. Cooper,
Director, Rulemaking Operations.
[FR Doc. 2022-18528 Filed 8-26-22; 8:45 am]
BILLING CODE 4910-59-P