Petition for Exemption From the Vehicle Theft Prevention Standard; BMW |
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Topics: BMW X1
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Joseph S. Carra
National Highway Traffic Safety Administration
November 22, 2010
[Federal Register: November 22, 2010 (Volume 75, Number 224)]
[Notices]
[Page 71184-71185]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no10-123]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; BMW
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
(BMW) petition for exemption of the Carline X1 vehicle line in
accordance with 49 CFR part 543, Exemption from the 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
Theft Prevention Standard (49 CFR part 541).
DATES: The exemption granted by this notice is effective beginning with
the 2012 model year.
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, National
Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE.,
West Building, Room W43-439, 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 June 1, 2010, BMW
requested exemption from the parts-marking requirements of the theft
prevention standard (49 CFR part 541) for the MY 2012 BMW Carline X1
vehicle line. The petition requested 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 an entire vehicle line. The agency informed BMW by
telephone on July 12, and by letter dated September 20, 2010 of the
areas of insufficiency with respect to its June 1, 2010 petition for
exemption. On October 8, 2010, BMW submitted supplementary information
to the agency addressing its areas of insufficiency.
Under Sec. 543.5(a), a manufacturer may petition NHTSA to grant
exemptions 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 Carline
X1 vehicle line. BMW will install its passive antitheft device as
standard equipment on the line. Key features of the antitheft device
will include a key with a transponder, loop antenna (coil), engine
control unit (DME/DDE) with encoded start release input, an
electronically-coded vehicle immobilizer/car access system (EWS/CAS)
control unit and a passive immobilizer. BMW's submission, along with
its supplementary information 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.
BMW stated that the EWS immobilizer device prevents the vehicle
from being driven away under its own engine power. The EWS control unit
provides the interface to the loop antenna (coil), engine control unit
and starter. It queries key data from the transponder and provides the
coded release of the engine management for a valid key. The ignition
and fuel supply are only released when a correct coded release signal
has been sent by the EWS control unit, to allow the vehicle to start.
The immobilizer device is automatically activated when the engine is
shut off and the vehicle key is removed from the ignition lock
cylinder. The antitheft device can be further secured by locking the
vehicle doors and hood using either the key lock cylinder on the
driver's door or the remote frequency remote control. 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. The vehicle is also 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 stated that the transponder is a special
transmitter/receiver in the key which communicates with the EWS control
unit, the transponder also has a chip which is integrated in the key
consisting of a transmitter/receiver, a small antenna coil, and a read/
write memory. The transponder chip is supplied with energy via the loop
antenna around the key slot; therefore, a battery is not necessary in
the key for a voltage supply. The engine control unit (DME/DDE) is
designed to cause the ignition and fuel supply to be released when the
EWS control unit has sent a correct release signal, and after the
initial starting value, the release signal becomes a rolling, ever-
changing, random code that is stored in the DME/
[[Page 71185]]
DDE and EWS (CAS control modules). The DME/DDE must identify the
release signal and only then will the ignition signal and fuel supply
be released.
Additionally, BMW stated that the mechanical keys for the Carline
X1 are unique. A special key blank, a special key cutting machine and
the vehicle's unique code are needed to duplicate a key. BMW stated
that new keys will only be issued to authorized persons.
BMW stated that the proposed antitheft device does not provide any
visible or audible indication of unauthorized entry. 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 Carline X1 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. The antitheft device that BMW intends
to install on its Carline X1 vehicle line for MY 2012 is the same
device that BMW installed on its BMW X3 and X5 vehicle lines, and its
Carline 1, 3, 5, 6, 7, Z4, and MINI vehicle lines. BMW has concluded
that the antitheft device proposed for the Carline X1 vehicle line is
no less effective than those devices and similar devices for which
NHTSA has already been granted exemptions from the parts-marking
requirements.
BMW stated that the agency's theft rate data indicate that
antitheft devices installed on BMW vehicles have been very effective in
decreasing thefts. Specifically, BMW stated that all of its vehicle
lines are installed with antitheft devices as standard equipment and
the agency's data show that theft rates for those vehicle lines are
very low. Specifically, BMW stated that for MY/CY 2008, the agency's
data show that theft rates for those lines are: 0.08 (1-series), 0.74
(3-series), 0.65 (3-series), 0.66 (6-series), 2.79 (7-series), 0.63
(M3), 1.12 (M5), 0.68 (Z4(M)), and 0.26 (MINI Cooper) respectively.
Using an average of 3 MYs data (2006-2008), theft rates for those lines
are: 0.0841, 0.7719, 0.9636, 1.4791, 2.2942, 2.0251, 1.7992, 0.6916,
0.3299, respectively.
In addressing the specific content requirements of 543.6, BMW
provided information on the reliability and durability of its device.
To ensure reliability and durability of the device, BMW conducted tests
based on its own specified standards and believes that the device is
reliable and durable since the device complied with its specified
requirements for each test. BMW provided a detailed list of the tests
conducted.
Based on the supporting evidence submitted by BMW, the agency
believes that the antitheft device for the BMW Carline X1 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 Carline X1 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 2012 Carline X1 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 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 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 anti-theft 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.
Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR
1.50.
Issued on: November 16, 2010.
Joseph S. Carra,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2010-29289 Filed 11-19-10; 8:45 am]
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