Petition for Exemption From the Federal Motor Vehicle Motor Theft Prevention Standard; General Motors Corporation |
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Topics: Chevrolet Spark
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Raymond R. Posten
National Highway Traffic Safety Administration
March 2, 2015
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11257-11259]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04161]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Motor Theft
Prevention Standard; General Motors Corporation
AGENCY: National Highway Traffic Safety Administration, Department of
Transportation (DOT).
ACTION: Grant of petition for exemption.
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SUMMARY: This document grants in full the General Motors Corporation's
(GM) petition for an exemption of the Chevrolet Spark vehicle line in
accordance with 49 CFR part 543, Exemption from Vehicle 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 49 CFR part 541, Federal Motor Vehicle Theft Prevention
Standard (Theft Prevention Standard).
DATES: The exemption granted by this notice is effective beginning with
the 2016 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of
International Policy, Fuel Economy, and Consumer Standards, NHTSA, W43-
443, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's
phone number is (202) 366-4139. Her fax number is (202) 493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated November 7, 2014, GM
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard for the Chevrolet Spark vehicle line beginning with
MY 2016. 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 the entire vehicle line.
Under 49 CFR part 543.5(a), a manufacturer may petition NHTSA to
grant an exemption for one vehicle line
[[Page 11258]]
per model year. In its petition, GM provided a detailed description and
diagram of the identity, design, and location of the components of the
antitheft device for the Chevrolet Spark vehicle line. GM will install
the PASS-Key III+ antitheft device as standard equipment on the
Chevrolet Spark vehicle line. The PASS-Key III+ is a passive,
transponder-based, electronic immobilizer device. GM stated that it
will offer two types of ignition systems on its Chevrolet Spark vehicle
line. Specifically, GM stated that the Spark vehicle line will be
offered with a keyed ignition or a keyless ignition system; however the
basic antitheft functionality and immobilization features will be the
same. The keyless ignition system will be installed as standard
equipment on its BEV (battery electric vehicle) and LTZ model vehicles.
The keyed ignition system will be installed as standard equipment on
its LS and LT models.
The major components of the keyed ignition system are the PASS-Key
III+ controller module, engine control module (ECM), electronically-
coded ignition key, immobilizer exciter module, radio frequency (RF)
receiver, and passive antenna module. The optional keyless ignition
system components are the PASS-Key III+ controller module, ECM,
immobilizer exciter module, engine controller, radio frequency (RF)
receiver, and passive antenna module, low frequency antennas and
electronic key (remote key fob). The remote key fob also contains
buttons to perform normal remote keyless door entry functions. GM
stated that the device will provide protection against unauthorized use
(i.e., starting and engine fueling), but will not provide any visible
or audible indication of unauthorized vehicle entry (i.e., flashing
lights or horn alarm).
GM'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.
The PASS-Key III+ device is designed to be active at all times
without direct intervention by the vehicle operator (i.e., no separate
intentional action to specifically turn on the security system is
needed to achieve protection). With the keyed ignition system,
activation of the device occurs when the ignition has been turned off
and the key removed. Deactivation of the immobilizer occurs when a
valid key and matching immobilization code is verified, allowing the
engine to start and continue normal operations. GM stated that the
PASS-Key III+ uses a special ignition key and decoder module. The key's
electrical code must be sensed and be properly decoded by the PASS-Key
III+ controller module before the vehicle can be operated. The
conventional code of the key is used to unlock and release the
transmission shift lever and steering wheel.
GM further stated that the ignition key contains electronics in the
head of the key, providing billions of possible electronic
combinations. The electronics in the head of the key receive energy and
data from the antenna module. Upon receipt of the data, the key will
calculate a response to the data using an internal encryption algorithm
and transmit the response back to the vehicle. The antenna module then
translates the radio frequency signal received from the key into a
digital signal and passes the signal on to the controller module. The
controller module then compares the received response to an internally
calculated value. If the values match, the key is recognized as valid
and a password is then transmitted through a serial data link to the
ECM to enable fueling and vehicle starting. GM also stated that a
secondary data challenge and response process using another encryption
algorithm must be validated by the engine controller to allow continued
operation. If an invalid key code is received, the PASS-Key III+
controller module will send a ``Disable Password'' to the engine
control module and starting, ignition, and fuel will be inhibited.
With the keyless ignition system, activation of the device occurs
when the operator pushes the engine Start/Stop switch to the ``OFF''
position. Deactivation of the immobilizer device occurs when a valid
key and matching immobilization code is verified, allowing the engine
to start and continue normal operations. Specifically, the electronic
key resides in the form of a remote key fob. When the operator pushes
the engine Start/Stop button to begin vehicle operation, the vehicle
transmits data and a vehicle identifier within the passenger
compartment of the vehicle thru low-frequency antennas, controlled by
the passive antenna module. The electronic key receives the data and
compares its vehicle identifier with the identifier previously assigned
to the vehicle. If the vehicle identifier matches, the electronic key
will transmit a response through the RF channel to a vehicle mounted
receiver. The PASS-Key III+ control module receives the RF transmission
and compares the received response with an internally calculated
response. If the values match, the key is recognized as valid and a
password is then transmitted through a serial data link to the ECM to
enable fueling and vehicle starting. If a valid key is not detected,
the system will not transmit a password to the ECM to allow operation
of the vehicle. Additionally, if an invalid electronic key code is
received, the vehicle will not be allowed to transition from the
``Off'' mode to the ``Accessory'', ``On'', or ``Start'' mode positions
inhibiting starting, ignition, and fuel flow of the vehicle.
In addressing the specific content requirements of 543.6, GM
provided information on the reliability and durability of its proposed
device. To ensure reliability and durability of the device, GM
conducted tests based on its own specified standards. GM provided
information on the specific tests it uses to validate the integrity,
durability and reliability of the PASS-Key III+ device and believes
that the device is reliable and durable since the components must
operate as designed after each test. GM also 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 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. GM also 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.
Specifically, GM stated that the AAMA's comments referencing the
agency's Preliminary Report on ``Auto Theft and Recovery Effects of the
Anti-Car Theft Act of 1992 and the Motor Vehicle Theft Law Enforcement
Act of 1984'', (Docket 97-042; Notice 1), showed that between MYs 1987
and 1993, the Chevrolet Camaro and Pontiac Firebird vehicle lines
experienced a significant theft rate reduction after installation of a
Pass-Key like antitheft device as standard equipment on the vehicle
lines.
GM also noted that theft 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 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
[[Page 11259]]
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.
Additionally, GM stated that the PASS-Key III+ is installed as
standard equipment on the GMC Terrain vehicle line. The agency notes
that the GMC Terrain vehicle line has been equipped with the device
since introduction of its MY 2010 vehicles. GM was granted an exemption
from the parts-marking requirements by the agency for the GMC Terrain
vehicle line beginning with the 2010 MY (See 74 FR 3132, January 16,
2009). The average theft rate for the GMC Terrain vehicle line, based
on NHTSA's theft data, using 3 MYs theft data (MYs 2010- 2012) is
0.3235, which is substantially below the median theft rate established
by the agency.
GM further stated that it believes that PASS-Key III+ devices will
be more effective in deterring theft than the parts-marking
requirements and that the agency should find that inclusion of the
PASS-Key III+ device on the Chevrolet Spark vehicle line is sufficient
to qualify it for full exemption from the parts-marking requirements.
Based on the evidence submitted by GM, the agency believes that the
antitheft device for the Chevrolet Spark 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 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 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 GM has provided adequate reasons for its belief that the
antitheft device for the Chevrolet Spark 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
GM provided about its device.
The agency concludes that the device will provide the 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.
GM's proposed device lacks an audible or visible alarm. Therefore,
this device cannot perform one of the functions listed in 49 CFR
543.6(a)(3), that is, to call attention to unauthorized attempts to
enter or move the vehicle. Based on comparison of the reduction in the
theft rates of Chevrolet Corvettes using a passive antitheft device
along with an audible/visible alarm system to the reduction in theft
rates for the Chevrolet Camaro and the Pontiac Firebird models equipped
with a passive antitheft device without an alarm, GM finds that the
lack of an alarm or attention-attracting device does not compromise the
theft deterrent performance of a device such as PASS-Key III+ device.
In these instances, the agency has concluded that the lack of an
audible or visible alarm has not prevented these antitheft devices from
being effective protection against theft.
For the foregoing reasons, the agency hereby grants in full GM's
petition for exemption for the Chevrolet Spark 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 GM decides not to use the exemption for this line, it should
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 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. 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 antitheft device on which the line's
exemption is based. Further, Part 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.
Under authority delegated in 49 CFR 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-04161 Filed 2-27-15; 8:45 am]
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