Petition for Exemption From the Vehicle Theft Prevention Standard; Ford Motor Company |
|---|
Topics: Ford C-Max
|
Joseph S. Carra
National Highway Traffic Safety Administration
Federal Register
March 23, 2011
[Federal Register: March 23, 2011 (Volume 76, Number 56)]
[Notices]
[Page 16472-16474]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr11-145]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; Ford Motor Company
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
-----------------------------------------------------------------------
SUMMARY: This document grants in full the Ford Motor Company's (Ford)
petition for an exemption of the C-MAX vehicle line in accordance with
Sec. 543.9(c)(2) of 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
[[Page 16473]]
the parts-marking requirements of the Theft Prevention Standard (49 CFR
part 541). Ford requested confidential treatment for an attachment it
submitted in support of its petition. The agency has addressed Ford's
request for confidential treatment by letter dated March 1, 2011.
DATES: The exemption granted by this notice is effective beginning with
the 2013 model year.
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, 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 25, 2011, Ford
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard (49 CFR part 541) for the MY 2013 Ford C-MAX
vehicle line. 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 an entire vehicle line.
Under Sec. 543.5(a), a manufacturer may petition NHTSA to grant
exemptions for one vehicle line per model year. In its petition, Ford
provided a detailed description and diagram of the identity, design,
and location of the components of the antitheft device for the C-MAX
vehicle line. Ford will install its Passive Antitheft Electronic
Immobilizer System (PATS) on the 2013 C-MAX as standard equipment. Ford
stated that it will also offer its Intelligent Access with Push Button
Start (IAwPB) antitheft device as optional equipment. Ford stated that
both systems are passive, electronic immobilizer devices that use
encrypted transponder technology with 28 trillion different possible
electronic key codes for the PATS system and 400 million different
possible electronic key codes for the IAwPB system. Key components of
the PATS antitheft device will include an electronic transponder key,
transceiver module, ignition lock, and a passive immobilizer. Key
components of the IAwPB device is an electronic keyfob, remote function
actuator, body control module, power train control module and a passive
immobilizer. Ford stated that its MY 2013 C-MAX vehicle line will also
be equipped with several other standard antitheft features common to
Ford vehicles, (i.e., counterfeit resistant VIN labels; secondary VINs,
hood release inside vehicle, and cabin accessibility through the use of
a valid key fob or keycode). Ford further stated that its C-MAX
vehicles will also be available with an optional perimeter alarm
system. The perimeter alarm system will utilize both an audible and
visible alarm if unauthorized access is attempted. Ford'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.
Ford stated that the devices integration of the transponder into
the normal operation of the ignition key assures activation of the
system. Ford further stated that both devices are always active and
require no other operator action. Specifically, in the PATS device,
when the ignition key is turned to the ``start'' position, the
transceiver module reads the ignition key code and transmits an
encrypted message from the keycode to the control module, which then
determines key validity and authorizes engine starting by sending a
separate encrypted message to the powertrain control module (PCM). In
the IAwPB device, when the ``startstop'' button is pressed, the
transceiver module reads the key code and transmits an encrypted
message from the keycode to the control module to determine validity
and authorizes engine starting by sending a separate encrypted message
to the body control module, the PEP/RFA module and the PCM. Ford
pointed out that in addition to the programmed key, the three modules
that must be matched to start the vehicle adds even an additional level
of security to the IAwPB device. In both devices, if the codes do not
match, the vehicle will be inoperable.
In addressing the specific content requirements of 543.6, Ford
provided information on the reliability and durability of its proposed
device. To ensure reliability and durability of the device, Ford
conducted tests based on its own specified standards. Ford provided a
detailed list of the tests conducted and believes that the device is
reliable and durable since the device complied with its specified
requirements for each test.
Ford compared the device proposed for its vehicle line with other
devices which NHTSA has determined to be as effective in reducing and
deterring motor vehicle theft as would compliance with the parts-
marking requirements. Ford stated that it believes that the standard
installation of either the PATS device or the IAwPB device would be an
effective deterrent against vehicle theft.
Ford stated that it installed the PATS device on all MY 1996 Ford
Mustang GT and Cobra models as standard equipment. Ford also stated
that the PATS device was extended to the complete Ford Mustang vehicle
line as standard equipment in MY 1997. Ford also stated that according
to the National Insurance Crime Bureau (NICB) theft statistics, MY 1997
Mustangs installed with the PATS device showed a 70% reduction in theft
rate when compared to MY 1995 Mustangs. Ford also stated that the PATS
device is currently offered as standard equipment on most of its North
American Ford, Lincoln and Mercury vehicles but is offered as optional
equipment on its F-series Super Duty pickups, Econoline and Transit
Connect vehicle. Ford stated that beginning with MY 2011, the IAwPB
device will also be offered as standard equipment on the Lincoln MKT
and optionally on the Lincoln MKS, MKX, Ford Taurus, Edge, Explorer,
Focus and Fiesta vehicles.
Ford referenced the agency's published theft rate data for the
Volvo S60 for comparison purposes because it stated that the Ford C-MAX
is a new vehicle and would utilize the PATS and IAwPB systems that
would be similar to the Volvo S60 in design and architecture. Ford
stated that the Volvo S60's theft rate is lower than the vehicle theft
rate for all vehicles in four of the last five calendar years for which
published data is available. Specifically, the agency's data show that
theft rates for the Volvo S60 for MYs 2006-2008 are 1.3803, 0.6907 and
2.3543 respectively. Using an average of 3 MYs data (2006-2008), the
theft rate for the Volvo S60 vehicle line is well below the median at
1.4751. Ford stated that since either the PATS device or the IAwPB
device are the primary theft devices on Ford C-MAX vehicles, it
believes that theft rates similar to Volvo S60 are likely to continue
or improve in the future.
The agency agrees that the device is substantially similar to
devices in other vehicle lines for which the agency has already granted
exemptions. Based on the evidence submitted by Ford, the agency
believes that the antitheft device for the C-MAX 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).
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
[[Page 16474]]
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 Ford has
provided adequate reasons for its belief that the antitheft device for
the Ford C-MAX 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 Ford provided about its device.
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.
For the foregoing reasons, the agency hereby grants in full Ford's
petition for exemption for the C-MAX 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 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 Ford 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 according to the requirements under 49 CFR 541.5 and
541.6 (marking of major component parts and replacement parts).
NHTSA notes that if Ford 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 Part
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 U.S.C. 33106; delegation of authority at 49 CFR
1.50.
Issued on: March 17, 2011.
Joseph S. Carra,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2011-6724 Filed 3-22-11; 8:45 am]
BILLING CODE 4910-59-P