Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Maserati North America Inc.

Topics:  Maserati Ghibli

Raymond R. Posten
National Highway Traffic Safety Administration
April 14, 2015

[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Notices]
[Pages 20065-20066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08490]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Maserati North America Inc.

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 Maserati North America 
Inc.'s, (Maserati) petition for an exemption of the Ghibli 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 the 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. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, W43-
439, 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: In a petition dated February 5, 2015, 
Maserati requested an exemption from the parts-marking requirements of 
the Theft Prevention Standard for the Ghibli 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 an entire vehicle line.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant an 
exemption for one vehicle line per model year. In its petition, 
Maserati provided a detailed description and diagram of the identity, 
design, and location of the components of the antitheft device for the 
Ghibli vehicle line. Maserati stated that all of its vehicles will be 
equipped with a passive, Sentry Key Immobilizer System (SKIS), a 
Vehicle Alarm System (VTA) and a Keyless Ignition System as standard 
equipment beginning with the 2016 model year. Key components of its 
SKIS antitheft device will include an Engine Power Control Module, Fuel 
Delivery and a Starter Motor Circuit. Maserati's keyless ignition 
system will consist of a Key Fob with Remote Keyless Entry (RKE) 
Transmitter, RFHub and Keyless Ignition Node (KIN). Key components of 
Maserati's VTA system are a hood ajar switch, security indicator, 
RFHub/Kin and FOBIK, an intrusion and inclination sensor, door ajar 
switches, an intrusion module and a central body controller. Maserati 
also stated that its VTA system will include an audible and visual 
feature that will provide perimeter protection that will monitors the 
vehicle doors, ignition switch and deck lid for unauthorized tampering, 
and an ultrasonic intrusion sensor, designed to detect motion within 
the vehicle. Maserati further stated that if unauthorized tampering 
with any of these protected areas is detected, the vehicle's horn/siren 
will sound and some of its exterior lamps will flash.
    Maserati stated that the immobilizer device is automatically 
activated when the ignition is changed from the run position to the off 
position. Once activated, only the use of a valid key can disable 
immobilization and allow the vehicle to run. Specifically, Maserati 
stated that the device is deactivated by performing an unlock actuation 
via the RKE transmitter or by starting the vehicle with a valid RFHub 
key. Maserati stated that to start the vehicle, the driver must press 
and hold the brake pedal while pressing the START/STOP button. The 
system takes over and engages the starter causing the starter motor to 
run and disengage automatically when the engine is running. Maserati 
stated that the RFHub contains and controls the SKIS, preventing the 
engine from running more than 2 seconds unless a valid FOBIK key is 
used to start the engine. Maserati also stated that the vehicle's key 
fob with RKE transmitter, RFHub and the KIN contains over 50,000 
possible electronic key combinations and allows the driver to operate 
the ignition switch with the push of a button as long as the RKE 
transmitter is in the passenger compartment.
    Maserati'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.
    In addressing the specific content requirements of 543.6, Maserati 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, Maserati 
conducted tests based on its own specified standards. Maserati provided 
a detailed list of the tests conducted (i.e., low and high temperature 
exposure on system components, resistance for humidity, ice, water 
immersion, dust exposure, and drop shock on surfaces). Maserati also 
stated that the VTA, including the immobilizer device and its related 
components must meet design and durability requirements for full 
vehicle useful life (10 years/120k miles). Maserati stated that it 
believes that its device is reliable and durable because it complied 
with specified requirements for each test.
    Maserati stated that based on MY 2010 theft data published by 
NHTSA, its

[[Page 20066]]

antitheft and immobilizer-installed vehicles have historically 
experienced extremely low to zero theft rates. Maserati informed the 
agency that its immobilizer antitheft device has been installed on its 
Quattroporte vehicles as standard equipment since MY 2007 and believes 
that its advanced. Maserati compared its Quattroporte vehicle line to 
its Ghibli vehicle line. Maserati stated that its Ghibli vehicle line 
incorporates identical vehicle/system architecture as its Quattroporte 
vehicle line. Maserati further stated that the vehicle powertrain, 
electrical and other vehicle systems are similar in construction and 
design as the Ghibli vehicle line. Theft rate data reported in Federal 
Register notices published by the agency show that the theft rate for 
the Quattroporte vehicle line, using an average of three MYs' data 
(2010-2012) is 0.0000, which is significantly lower than the median 
theft rate established by the agency. There is no available theft data 
for the Ghibli vehicle line. Maserati believes that the low theft rate 
experienced by the immobilizer-installed Quattroporte vehicle line 
demonstrates the effectiveness of the proposed immobilizer device to be 
installed on the Ghibli vehicle line.
    Based on the supporting evidence submitted by Maserati on its 
device, the agency believes that the antitheft device for the Ghibli 
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 Maserati 
has provided adequate reasons for its belief that the antitheft device 
for the Maserati Ghibli 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 Maserati 
provided about its device.
    The agency concludes that the device will provide the five types of 
performance listed in Sec.  543.6(a)(3): Promoting activation; attract 
attention to the efforts of an unauthorized person to enter or move a 
vehicle by means other than a key; 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 
Maserati's petition for exemption for the Maserati Ghibli 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 Maserati 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 parts 541.5 
and 541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if Maserati 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 Part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-08490 Filed 4-13-15; 8:45 am]
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