Petition for Exemption From the Vehicle Theft Prevention Standard; Jaguar Land Rover North America LLC |
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Topics: Jaguar F-Pace
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Raymond R. Posten
National Highway Traffic Safety Administration
11 May 2017
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Notices]
[Pages 22061-22063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09514]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; Jaguar Land Rover North America LLC
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 Jaguar Land Rover North
America LLC's, (Jaguar Land Rover) petition for an exemption of the F-
Pace 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
model year (MY) 2018.
FOR FURTHER INFORMATION CONTACT: Mr. Hisham Mohamed, Office of
International Policy, Fuel Economy and
[[Page 22062]]
Consumer Programs, NHTSA, W43-437, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Mr. Mohamed's phone number is (202) 366-0307. His
fax number is (202) 493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated December 15, 2016,
Jaguar Land Rover requested an exemption from the parts-marking
requirements of the Theft Prevention Standard (49 CFR part 541) for the
MY 2018 Jaguar F-Pace 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 an
exemption for one vehicle line per model year. In its petition, Jaguar
Land Rover provided a detailed description and diagram of the identity,
design, and location of the components of the antitheft device for the
F-Pace vehicle line. Jaguar Land Rover stated that its F-Pace vehicles
will be equipped with a passive, transponder-based, electronic engine
immobilizer device as standard equipment beginning with the 2018 model
year. Key components of its antitheft device will include a power train
control module (PCM), instrument cluster, body control module (BCM),
remote frequency receiver (RFR), Immobilizer Antenna Unit (IAU), Remote
Frequency Actuator (RFA), Perimeter Alarm System, Smart Key and door
control units (DCU/s). Jaguar Land Rover stated that its antitheft
device will also include an audible and visual perimeter alarm system
as standard equipment. Jaguar Land Rover stated that the perimeter
alarm can be armed with the Smart Key or programmed to be passively
armed. The siren will sound and the vehicle's exterior lights will
flash if unauthorized entry is attempted by opening the hood, doors or
luggage compartment. Jaguar Land Rover'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 immobilizer device is automatically armed when the Smart Key is
removed from the vehicle. Jaguar Land Rover stated that the Smart key
is programmed and synchronized to the vehicle through the means of an
identification key code and a randomly generated secret code that are
unique to each vehicle.
Jaguar Land Rover stated that there are three methods of antitheft
device operation. Method one consists of automatic detection of the
Smart Key via a remote frequency challenge response sequence.
Specifically, when the driver approaches the vehicle and pulls the
driver's door handle following authentication of the correct Smart Key,
the doors will unlock. When the ignition start button is pressed, a
search to find and authenticate the Smart Key commences within the
vehicle interior. If successful, this information is passed by coded
data transfer to the BCM via the Remote Function Actuator. The BCM in
turn, will pass the ``valid key'' status to the instrument cluster, via
a coded data transfer. The BCM will then send the key valid message
code to the PCM initiating a coded data transfer and authorize the
engine to start. Method two consists of unlocking the vehicle with the
Smart Key unlock button. As the driver approaches the vehicle, the
Smart Key unlock button is pressed and the doors will unlock. Once the
driver presses the ignition start button, the operation process is the
same as method one. Method three involves using the emergency key
blade. If the Smart Key has a discharged battery or is damaged, there
is an emergency key blade that can be removed from the Smart Key and
used to unlock the doors. On pressing the ignition start button, a
search is commenced in order to find and authenticate the Smart Key
within the vehicle interior. If successful, the Smart Key needs to be
docked. Once the Smart Key is placed in the correct position, and the
ignition start button is pressed again, the BCM and Smart key enter a
coded data exchange via the Immobilizer Antenna Unit. The BCM in turn,
passes the valid key status to the instrument cluster, via the
Immobilizer Antenna Unit. The BCM then sends the key valid message to
the PCM which initiates a coded data transfer. If successful, the
engine is authorized to start.
In addressing the specific content requirements of 543.6, Jaguar
Land Rover provided information on the reliability and durability of
its proposed device. To ensure reliability and durability of the
device, Jaguar Land Rover conducted tests based on its own specified
standards. Jaguar Land Rover provided a detailed list of the tests
conducted (i.e., temperature and humidity cycling, high and low
temperature cycling, mechanical shock, random vibration, thermal
stress/shock tests, material resistance tests, dry heat, dust and fluid
ingress tests). Jaguar Land Rover stated that it believes that its
device is reliable and durable because it complied with specified
requirements for each test. Additionally, Jaguar Land Rover stated that
the key recognition sequence includes in excess of a billion code
combinations which include encrypted data that are secure against
copying. Jaguar Land Rover also stated that the coded data transfer
between the BCM and the PCM modules use a unique secure identifier, a
random number and a secure public algorithm. Furthermore, Jaguar Land
Rover stated that since the F-Pace vehicle line will utilize push
button vehicle ignition, it does not have a conventional mechanical key
barrel. Therefore, there will be no means of forcibly bypassing the
key-locking system.
Jaguar Land Rover also stated that no theft data is available for
the F-Pace because it is a new vehicle line. Jaguar Land Rover further
stated that its immobilizer is substantially similar to the antitheft
device installed on the Jaguar XK, Jaguar F-Type, Jaguar XJ, Land Rover
Discovery Sport and Land Rover Range Rover Evoque. Jaguar Land Rover
stated that based on MY 2014 theft information published by NHTSA, the
Jaguar Land Rover vehicles equipped with immobilizers had a combined
theft rate of 0.31 per thousand vehicles, which is below NHTSA's
overall theft rate of 1.15 thefts per thousand. The agency notes the
average theft rate for the XK, XJ and Land Rover LR2 vehicle lines
using an average of three model years' data (2012--preliminary 2014)
are 0.5039, 0.6811 and 0.1141, respectively and the theft rate for the
Jaguar F-type is 0.7416 (preliminary 2014). Jaguar Land Rover believes
these low theft rates demonstrate the effectiveness of the immobilizer
device.
Based on the supporting evidence submitted by Jaguar Land Rover on
the device, the agency believes that the antitheft device for the F-
Pace 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). 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.
Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7 (b), the agency grants
a petition for exemption from the parts-
[[Page 22063]]
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 Jaguar Land Rover has
provided adequate reasons for its belief that the antitheft device for
the Jaguar Land Rover F-Pace 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 Jaguar Land
Rover provided about its device.
For the foregoing reasons, the agency hereby grants in full Jaguar
Land Rover's petition for exemption for the F-Pace 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 Jaguar Land Rover 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 Jaguar Land Rover 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.
Issued in Washington, DC under authority delegated in 49 CFR
part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-09514 Filed 5-10-17; 8:45 am]
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