Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices 5193

agency before preparing and submitting standard equipment for the entire identifier matches that of the vehicle, a petition to modify. vehicle line. the electronic key will calculate the For the foregoing reasons, the agency Under 49 CFR part 543.5(a), a response to the vehicle using the hereby grants in full FCA’s petition for manufacturer may petition NHTSA to challenge and secret information shared exemption for its Jeep Gladiator vehicle grant an exemption for one vehicle line between the key and the vehicle. The line from the parts-marking per model year. In its petition, GM electronic key then transmits the requirements of 49 CFR part 541, provided a detailed description and response via a radio frequency channel beginning with its MY 2020 Jeep diagram of the identity, design, and to a vehicle mounted receiver, Gladiator vehicles. location of the components of the conveying the information to the PASS- Issued in Washington, DC, under authority antitheft device for its Buick Encore Key III+ control module. The PASS-Key delegated in 49 CFR 1.95 and 501.8. vehicle line. GM stated that its MY 2020 III+ control module compares the received response with an internally Raymond R. Posten, Buick Encore vehicle line will be installed with the PASS-Key III+ calculated response. If the values match, Associate Administrator for Rulemaking. the device will allow the vehicle to [FR Doc. 2019–02724 Filed 2–19–19; 8:45 am] antitheft device as standard equipment on the entire vehicle line. The PASS- enter functional modes and transmit a BILLING CODE 4910–59–P Key III+ is a passive, transponder-based, fixed code pre-release password to the electronic immobilizer device. The engine controller over the serial data bus, and enable computation and DEPARTMENT OF TRANSPORTATION major components of the antitheft device are a PASS-Key III+ controller communication of a response to any National Highway Traffic Safety module, engine control module (ECM), valid challenge received from the engine Administration electronically-coded ignition key, radio controller. If a valid key is not detected, frequency (RF) receiver, immobilizer the device will not transmit a fixed code Petition for Exemption From the exciter module, three low frequency pre-release password to the engine Federal Motor Vehicle Theft Prevention antennas and a passive antenna module. controller preventing fuel from being Standard; General Motors Corporation GM stated that the device will provide delivered to the engine, enabling starting. protection against unauthorized use AGENCY: National Highway Traffic GM’s submission is considered a (i.e., starting and engine fueling), but Safety Administration (NHTSA), complete petition as required by 49 CFR will not provide any visible or audible Department of Transportation (DOT). 543.7, in that it meets the general indication of unauthorized vehicle entry ACTION: Grant of petition for exemption. requirements contained in 543.5 and the (i.e., flashing lights or horn alarm). GM specific content requirements of 543.6. SUMMARY: This document grants in full stated that the PASS-Key III+ In addressing the specific content the General Motors Corporation’s (GM) immobilizer device is designed to be requirements of 543.6, GM provided petition for exemption of the Buick active at all times without direct information on the reliability and Encore vehicle line in accordance with intervention by the vehicle operator. durability of its proposed device. To Exemption from Vehicle Theft GM further stated that activation of the ensure reliability and durability of the Prevention Standard. This petition is device occurs immediately after the device, GM conducted tests based on its granted because the agency has ignition has been turned off and the key own specified standards. GM provided determined that the antitheft device to has been removed and deactivation of a detailed list of the specific tests it used be placed on the line as standard the antitheft device occurs to validate the integrity, durability and equipment is likely to be as effective in automatically when the engine is reliability of the PASS-Key III+ device. reducing and deterring motor vehicle started. GM stated that the Buick Encore Some of the tests GM conducted were theft as compliance with the parts- vehicle line will be equipped with one for high temperature storage, low marking requirements of the Federal of two ignition versions. Specifically, temperature storage, thermal shock, Motor Vehicle Theft Prevention the Buick Encore will be equipped with humidity, frost, salt fog, flammability Standard (Theft Prevention Standard). either a keyed or keyless ignition and others. GM believes that the device version of its PASS-Key III+ is reliable and durable since the DATES: The exemption granted by this immobilizer antitheft device. GM also components must operate as designed notice is effective beginning with the stated that the ‘‘keyed’’ ignition version 2020 model year (MY). after each test. GM further stated that utilizes a special ignition key and the design and assembly processes of FOR FURTHER INFORMATION CONTACT: decoder module and its electrical code the PASS-Key III+ subsystem and Carlita Ballard, Office of International must be sensed and properly decoded components are validated for 10 years of Policy, Fuel Economy, and Consumer by the controller module before the vehicle life and 150,000 miles of Standards, NHTSA, West Building, vehicle can be operated. GM further performance. W43–439, 1200 New Jersey Avenue SE, stated that with the ‘‘keyless’’ ignition GM further stated that the PASS-Key Washington, DC 20590. Ms. Ballard’s version, an electronic key fob performs III+ device has been designed to phone number is (202) 366–5222. His normal remote keyless entry functions enhance the functionality and theft fax number is (202) 493–2990. and communicates with the vehicle protection provided by its first, second SUPPLEMENTARY INFORMATION: In a without direct owner intervention. and third generation PASS-Key, PASS- petition dated October 11, 2018, GM Specifically, during operation of the Key II, and PASS-Key III devices. GM requested an exemption from the parts- vehicle, when the owner presses the also referenced data provided by the marking requirements of the Theft engine start/stop switch, the vehicle American Automobile Manufacturers Prevention Standard for its Buick transmits a randomly generated Association (AAMA) in support of the Encore vehicle line beginning with MY challenge and vehicle identifier within effectiveness of GM’s PASS-Key devices 2020. The petition requested an the passenger compartment of the in reducing and deterring motor vehicle exemption from parts-marking pursuant vehicle via three low-frequency theft. Specifically, GM stated that data to 49 CFR 543, Exemption from Vehicle antennas, controlled by the passive which provide the basis for GM’s Theft Prevention Standard, based on the antenna module. The electronic key confidence that the PASS-Key III+ installation of an antitheft device as receives the data and if the vehicle system will be effective in reducing and

VerDate Sep<11>2014 17:16 Feb 19, 2019 Jkt 247001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\20FEN1.SGM 20FEN1 5194 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices

deterring motor vehicle theft are performance of a device such as PASS- formally notify the agency. If such a contained in the response of the Key III+ device. In these instances, the decision is made, the line must be fully American Automobile Manufacturers agency has concluded that the lack of an marked according to the requirements Association (AAMA) to Docket 97–042; audible or visible alarm has not under 49 CFR parts 541.5 and 541.6 Notice I (NHTSA Request for Comments prevented these antitheft devices from (marking of major component parts and on its preliminary Report to Congress on being effective protection against theft. replacement parts). the effects of the Anti Car Theft Act of Using an average of 3 MYs data (2012– NHTSA notes that if GM wishes in the 1992 and the Motor Vehicle Theft Law 2014), NHTSA’s theft rates for the future to modify the device on which Enforcement Act of 1984). In the Report Chevrolet Corvette and Chevrolet this exemption is based, the company to Congress, AAMA stated the more Camaro vehicle lines are 1.2140 and may have to submit a petition to modify recent antitheft systems are more 3.1337 respectively, both below the the exemption. Part 543.7(d) states that effective in reducing auto theft. AAMA median theft rate of 3.5826. a Part 543 exemption applies only to also cited the Highway Loss Data Based on the evidence submitted by vehicles that belong to a line exempted Institute (HLDI) findings on the GM, the agency believes that the under this part and equipped with the effectiveness of antitheft devices in antitheft device for the Buick Encore antitheft device on which the line’s reducing theft. AAMA noted that vehicle line is likely to be as effective exemption is based. Further, Part vehicles with antitheft devices are less in reducing and deterring motor vehicle 543.10(c)(2) provides for the submission likely to be stolen for joyriding or theft as compliance with the parts- of petitions ‘‘to modify an exemption to transportation and therefore, their marking requirements of the Theft permit the use of an antitheft device recovery rates are lower. Prevention Standard (49 CFR 541). similar to but differing from the one GM also noted that theft rate data Pursuant to 49 U.S.C. 33106 and 49 specified in that exemption.’’ CFR 543.7(b), the agency grants a have indicated a decline in theft rates The agency wishes to minimize the for vehicle lines equipped with petition for exemption from the parts- administrative burden that Part comparable devices that have received marking requirements of Part 541, either 543.10(c)(2) could place on exempted full exemptions from the parts-marking in whole or in part, if it determines that, vehicle manufacturers and itself. The requirements. GM stated that the theft based upon substantial evidence, the agency did not intend in drafting Part rate data, as provided by the Federal standard equipment antitheft device is 543 to require the submission of a Bureau of Investigation’s National Crime likely to be as effective in reducing and modification petition for every change Information Center (NCIC) and deterring motor vehicle theft as to the components or design of an compiled by the agency, show that theft compliance with the parts-marking antitheft device. The significance of rates are lower for exempted GM models requirements of Part 541. The agency many such changes could be de equipped with the PASS-Key-like finds that GM has provided adequate systems than the theft rates for earlier reasons for its belief that the antitheft minimis. Therefore, NHTSA suggests models with similar appearance and device for the Buick Encore vehicle line that if the manufacturer contemplates construction that were parts-marked. is likely to be as effective in reducing making any changes, the effects of Based on the performance of the PASS- and deterring motor vehicle theft as which might be characterized as de Key, PASS-Key II, and PASS-Key III compliance with the parts-marking minimis, it should consult the agency devices on other GM models, and the requirements of the Theft Prevention before preparing and submitting a advanced technology utilized in PASS- Standard (49 CFR part 541). This petition to modify. Key III+, GM believes that the PASS-Key conclusion is based on the information For the foregoing reasons, the agency III+ device will be more effective in GM provided about its device. hereby grants in full GM’s petition for deterring theft than the parts-marking The agency concludes that the device exemption for the Buick Encore vehicle requirements of 49 CFR part 541. will provide four of the five types of line from the parts-marking GM stated that it believes that PASS- performance listed in § 543.6(a)(3): requirements of 49 CFR part 541, Key III+ devices will be more effective Promoting activation; preventing defeat beginning with its model year (MY) in deterring theft than the parts-marking or circumvention of the device by 2020 vehicles. requirements and that the agency unauthorized persons; preventing Issued in Washington, DC, under authority should find that inclusion of the PASS- operation of the vehicle by delegated in 49 CFR 1.95 and 501.8. Key III+ device on the Buick Encore unauthorized entrants; and ensuring the Raymond R. Posten, vehicle line is sufficient to qualify it for reliability and durability of the device. Associate Administrator for Rulemaking. The agency notes that 49 CFR part full exemption from the parts-marking [FR Doc. 2019–02752 Filed 2–19–19; 8:45 am] requirements. 541, Appendix A–1, identifies those GM’s proposed device lacks an lines that are exempted from the Theft BILLING CODE 4910–59–P audible or visible alarm. Therefore, this Prevention Standard for a given model device cannot perform one of the year. 49 CFR part 543.7(f) contains DEPARTMENT OF TRANSPORTATION functions listed in 49 CFR part publication requirements incident to the 543.6(a)(3), that is, to call attention to disposition of all Part 543 petitions. Office of the Secretary unauthorized attempts to enter or move Advanced listing, including the release the vehicle. GM stated that based on of future product nameplates, the [Docket No. DOT–OST–2018–0202] comparison of the reduction in the theft beginning model year for which the rates of Chevrolet Corvettes using a petition is granted and a general Privacy Act of 1974; Department of passive antitheft device along with an description of the antitheft device is Transportation, Office of the Secretary audible/visible alarm system to the necessary in order to notify law of Transportation; DOT/OST–008, reduction in theft rates for the Chevrolet enforcement agencies of new vehicle Departmental Advisory Committee Camaro models equipped with a passive lines exempted from the parts marking Files antitheft device without an alarm, GM requirements of the Theft Prevention finds that the lack of an alarm or Standard. AGENCY: Office of the Departmental attention-attracting device does not If GM decides not to use the Chief Information Officer, Office of the compromise the theft deterrent exemption for this line, it should Secretary of Transportation, DOT.

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