Petition for Exemption From the Federal Motor Vehicle Motor Theft Prevention Standard; General Motors Corporation |
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Topics: Cadillac XT4
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Raymond R. Posten
National Highway Traffic Safety Administration
19 October 2017
[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Notices]
[Pages 48739-48741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22660]
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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 General Motors Corporation's (GM)
petition for an exemption of the Cadillac XT4 vehicle line in
accordance with 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 Federal Motor
Vehicle Theft Prevention Standard (Theft Prevention Standard).
DATES: The exemption granted by this notice is effective beginning with
the 2019 model year (MY).
FOR FURTHER INFORMATION CONTACT: Hisham Mohamed, Office of
International Policy, Fuel Economy, and Consumer Standards, 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 May 29, 2017, GM
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard for its Cadillac XT4 vehicle line beginning with MY
2019. The petition requested an exemption from parts-marking pursuant
to 49 CFR 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 per model year. In its
petition, GM
[[Page 48740]]
provided a detailed description and diagram of the identity, design,
and location of the components of the antitheft device for the Cadillac
XT4 vehicle line. GM will install the PASS-Key III+ antitheft device as
standard equipment on its Cadillac XT4 vehicle line. The PASS-Key III+
is a passive, transponder-based, electronic immobilizer device. The
major components of the antitheft device are a PASS-Key III+ controller
module, engine control module (ECM), electronically-coded ignition key,
radio frequency (RF) receiver, immobilizer exciter module, three low
frequency antennas and a passive antenna module. 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 stated that the PASS-Key III+ immobilizer device is designed
to be active at all times without direct intervention by the vehicle
operator. GM further stated that activation of the device occurs
immediately after the ignition has been turned off and the key has been
removed and deactivation of the antitheft device occurs automatically
when the engine is started. GM stated that the Cadillac XT4 vehicle
line will be equipped with one of two ignition versions. Specifically,
the Cadillac XT4 will be equipped with either a keyed or keyless
ignition version of its PASS-Key III+ immobilizer antitheft device. GM
also stated that the ``keyed'' ignition version utilizes a special
ignition key and decoder module and its electrical code must be sensed
and properly decoded by the controller module before the vehicle can be
operated. GM further stated that with the ``keyless'' ignition version,
an electronic key fob performs normal remote keyless entry functions
and communicates with the vehicle without direct owner intervention.
Specifically, during operation of the vehicle, when the owner presses
the engine start/stop switch, the vehicle transmits a randomly
generated challenge and vehicle identifier within the passenger
compartment of the vehicle via three low-frequency antennas, controlled
by the passive antenna module. The electronic key receives the data and
if the vehicle identifier matches that of the vehicle, the electronic
key will calculate the response to the vehicle using the challenge and
secret information shared between the key and the vehicle. The
electronic key then transmits the response via a radio frequency
channel to a vehicle mounted receiver, conveying the information to the
PASS-Key III+ control module. The PASS-Key III+ control module compares
the received response with an internally calculated response. If the
values match, the device will allow the vehicle to enter functional
modes and transmit a fixed code pre-release password to the engine
controller over the serial data bus, and enable computation and
communication of a response to any valid challenge received from the
engine controller. If a valid key is not detected, the device will not
transmit a fixed code pre-release password to the engine controller
preventing fuel from being delivered to the engine, enabling starting.
GM's submission is considered a complete petition as required by 49
CFR 543.7, in that it meets the general requirements contained in 543.5
and the specific content requirements of 543.6.
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 a
detailed list of the specific tests it used to validate the integrity,
durability and reliability of the PASS-Key III+ device. Some of the
tests GM conducted were for high temperature storage, low temperature
storage, thermal shock, humidity, frost, salt fog, flammability and
others. GM believes that the device is reliable and durable since the
components must operate as designed after each test. GM further 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 further 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 data which provide the
basis for GM's confidence that the PASS-Key 111+ system will be
effective in reducing and deterring motor vehicle theft are contained
in the response of the American Automobile Manufacturers Association
(AAMA) to Docket 97-042; Notice I (NHTSA Request for Comments on its
Preliminary Report to Congress on the Effects of the Anti Car Theft Act
of 1992 and the Motor Vehicle Theft Law Enforcement Act of 1984). In
the Report to Congress, AAMA stated the more recent antitheft systems
are more effective in reducing auto theft. AAMA also cited the Highway
Loss Data Institute (HLDI) findings on the effectiveness of antitheft
devices in reducing theft. AAMA noted that vehicles with antitheft
devices are less likely to be stolen for joyriding or transportation
and therefore, their recovery rates are lower.
GM also noted that theft rate 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 rate 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 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 model year (MY) 2014 Cadillac CTS
and SRX theft rates (per 1000 vehicles produced) are below the 1990/
1991 median rate of 3.5826. Specifically, the theft for the MY 2014
Cadillac CTS is 0.3546 and 0.8481 for the MY 2014 Cadillac SRX vehicle
line. Since the same antitheft device will be used on the 2019 MY
Cadillac XT4, GM believes the statistical data indicates that this
vehicle will also have an acceptable theft rate to obtain an exemption
from the parts marking requirements of 49 CFR part 541. GM was granted
an exemption from the parts-marking requirements by the agency for the
Cadillac CTS vehicle line beginning with MY 2011 (See 74 FR 62385,
November 27, 2009). The average theft rate for the Cadillac CTS and SRX
vehicle lines, based on NHTSA's theft rate data, using 3 MYs data (MYs
2012-2014) are 0.8518 and 0.6020 respectively.
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 Cadillac XT4 vehicle line is sufficient to
qualify
[[Page 48741]]
it for full exemption from the parts-marking requirements.
GM's proposed device lacks an audible or visible alarm. Therefore,
this device cannot perform one of the functions listed in 49 CFR part
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.
Based on the evidence submitted by GM, the agency believes that the
antitheft device for the Cadillac XT4 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 Cadillac XT4 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 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 GM's
petition for exemption for the Cadillac XT4 vehicle line from the
parts-marking requirements of 49 CFR part 541, beginning with its model
year (MY) 2019 vehicles. 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 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 parts 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.
Issued in Washington, DC, under authority delegated in 49 CFR
Part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-22660 Filed 10-18-17; 8:45 am]
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