[Federal Register Volume 68, Number 151 (Wednesday, August 6, 2003)]
[Notices]
[Pages 46676-46678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20055]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; DaimlerChrysler

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 petition of DaimlerChrysler 
Corporation, (DaimlerChrysler) for an exemption of a high-theft line, 
the Chrysler Town and Country, from the parts-marking requirements of 
the Federal Motor Vehicle Theft Prevention Standard. This petition is 
granted

[[Page 46677]]

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.

DATES: The exemption granted by this notice is effective beginning with 
model year (MY) 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of 
Planning and Consumer Standards, NHTSA, 400 Seventh Street, SW., 
Washington DC 20590. Ms. Proctor's phone number is (202) 366-0846. Her 
fax number is (202) 493-2290.

SUPPLEMENTARY INFORMATION: In a petition dated March 19, 2003, 
DaimlerChrysler Corporation (DaimlerChrysler), requested an exemption 
from the parts-marking requirements of the theft prevention standard 
(49 CFR part 541) for the Chrysler Town and Country vehicle line, 
beginning with MY 2005. The petition requested an exemption from parts-
marking requirements 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.
    Section 33106(b)(2)(D) of Title 49, United States Code, authorized 
the Secretary of Transportation to grant an exemption from the parts-
marking requirements for not more than one additional line of a 
manufacturer for MYs 1997-2000. However, it does not address the 
contingency of what to do after model year 2000 in the absence of a 
decision under Section 33103(d). 49 U.S.C. 33103(d)(3) states that the 
number of lines for which the agency can grant an exemption is to be 
decided after the Attorney General completes a review of the 
effectiveness of antitheft devices and finds that antitheft devices are 
an effective substitute for parts-marking. The Attorney General has not 
yet made a finding and has not decided the number of lines, if any, for 
which the agency will be authorized to grant an exemption. Upon 
consultation with the Department of Justice, we determined that the 
appropriate reading of Section 33103(d) is that the National Highway 
Traffic Safety Administration (NHTSA) may continue to grant parts-
marking exemptions for not more than one additional model line each 
year, as specified for model years 1997-2000 by 49 U.S.C. 
33106(b)(2)(C). This is the level contemplated by the Act for the 
period before the Attorney General's decision. The final decision on 
whether to continue granting exemptions will be made by the Attorney 
General at the conclusion of the review pursuant to section 
33103(d)(3).
    DaimlerChrysler'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 its petition, DaimlerChrysler provided a detailed description 
and diagram of the identity, design, and location of the components of 
the antitheft device for the new vehicle line. DaimlerChrysler will 
install its antitheft device as standard equipment on the MY 2005 
Chrysler Town & Country vehicle line. The antitheft device to be 
installed on the MY 2005 Chrysler Town & Country incorporates an 
ignition immobilizer system and an unauthorized vehicle start telltale 
light. The system does not include an audible or visual alarm as 
standard equipment.
    The antitheft device incorporates a Sentry Key Immobilizer Module 
(SKIM), a Powertrain Control Module (PCM), and a sentry key. The Sentry 
Key Immobilizer System (SKIS) prevents the engine from running for more 
than 2 seconds unless a valid key is in the ignition switch. The 
immobilizer feature is activated when the key is removed from the 
ignition switch whether the vehicle doors are open or not. Once 
activated, only a valid key inserted into the ignition switch will 
disable immobilization and allow the vehicle to start and continue to 
run. A visual telltale light alerts the owner that an unauthorized 
attempt to start the vehicle has been made.
    When the sentry key is placed in the ignition, the SKIM and the key 
communicate via a radio-frequency (RF) signal. After the SKIM 
determines that the key is valid, the SKIM requests a Seed Response 
Message code from the PCM on all vehicles. The PCM then verifies the 
code from the SKIM and transmits a key status (valid/invalid signal). 
The foregoing communication requires approximately 2 seconds to 
perform. Therefore, in order to avoid any perceived delay when starting 
the vehicle with a valid key, and to prevent unburned fuel from 
entering the exhaust, the engine is permitted to run for no more than 2 
seconds if an invalid key is used. If the code from the SKIM is valid, 
the PCM immobilizes the vehicle by shutting down the engine (after the 
initial 2 second run). Only 6 consecutive invalid vehicle start 
attempts will be permitted. All further invalid attempts are locked out 
by not firing fuel injectors and not engaging the starter. Only the 
communication with a valid key is required to permit the engine to 
start and run.
    The SKIM also sends indicator light status messages to the 
Mechanical Instrument Cluster (MIC) to operate the telltale light 
functions. The telltale alerts the owner that an unauthorized vehicle 
start attempt has been made. The SKIM transmits the indicator light 
status messages via a J1850 Programmable Communications Interface (PCI) 
bus. Initially, the telltale will be illuminated for three seconds when 
the ignition switch is turned to the ``ON'' position. This serves as a 
bulb check. If the SKIM detects an invalid key when the immobilizer has 
not been disarmed and the ignition is in the ``ON/START'' position, or 
a key-related fault exists, the indicator light will flash following 
the indicator light test. The telltale light also functions as a system 
diagnostic indicator. The light comes ON and stays ON until after the 
indicator light test signifies that the SKIM has detected a system 
malfunction and/or that the SKIS has become inoperative.
    Replacing the SKIM requires a secret key to decode the ignition 
keys. A copy of this secret key is stored in the PCM. When a SKIM is 
replaced, the secret key must be transferred into the SKIM. A 
diagnostic tool must be used to put the PCM and SKIM into secured 
access mode and a request to the controller to transmit the secret key 
to the SKIM via the J1850 PCI bus must be made.
    DaimlerChrysler stated that the SKIM performs the interrogation 
with the transponder in the key using a Texas Instruments proprietary 
algorithm which results in a 40-bit number which allows for over one 
trillion combinations. Each ignition key used in the SKIS has an 
integral transponder chip. Ignition keys with this feature can be 
readily identified by a gray rubber cap molded onto the head of the 
key, while conventional ignition keys have a black molded rubber. The 
transponder chip is concealed beneath the molded rubber cap, where it 
is molded into the head of the metal key.
    In order to ensure the reliability and durability of the device, 
DaimlerChrysler conducted tests based on its own specified standards 
and stated its belief that the device meets the stringent performance 
standards prescribed. Specifically, the device must demonstrate a 
minimum of 95 percent reliability with 90 percent confidence. This is 
the same standard that vehicle air bag systems are designed and tested 
to. In addition to the design and production validation test criteria, 
the SKIS undergoes a daily short term durability test whereby three 
randomly

[[Page 46678]]

chosen systems are tested once per shift at the production facility. 
DaimlerChrysler also stated that 100% of its systems undergo a series 
of three functional tests prior to being shipped from the supplier to 
the vehicle assembly plant for installation in the vehicle.
    DaimlerChrysler stated that its actual theft experience with 
Chrysler Town & Country vehicles, where currently an immobilizer system 
is not offered as standard equipment, indicates that these vehicles 
have a theft rate significantly lower than the 1990/1991 median theft 
rate of 3.5826. DaimlerChrysler stated that NHTSA's theft rates for the 
Chrysler Town & Country vehicles for model years 1996 through 2000 are 
1.0661, 1.3094, 0.8257, 1.3543, and 0.9658, respectively. 
DaimlerChrysler states that vehicles subject to the parts marking 
requirements that subsequently are equipped with ignition immobilizer 
systems as standard equipment indicate that even lower theft rates can 
be expected from a vehicle equipped with standard ignition immobilizer 
systems.
    DaimlerChrysler offered the Jeep Grand Cherokee vehicles as an 
example of vehicles subject to part 541 parts marking requirements that 
subsequently are equipped with ignition immobilizer systems as standard 
equipment. NHTSA's theft rates for the Jeep Grand Cherokee vehicles for 
model years 1995 through 1998 were 5.5545, 7.0188, 4.3163, and 4.3557, 
respectively, all significantly higher than the 1990/1991 median theft 
rate. DaimlerChrysler indicated that, since the introduction of 
immobilizer systems as standard equipment on the Jeep Grand Cherokee 
vehicles, the MY 1999 and 2000 theft rates are 2.5630 and 2.4701, 
respectively, significantly lower than the 1990/1991 median theft rate 
of 3.5826. The Jeep Grand Cherokee vehicles were granted an exemption 
from the parts marking requirements beginning with MY 2004 vehicles.
    On the basis of this comparison, DaimlerChrysler has concluded that 
the proposed antitheft device is no less effective than those devices 
installed on lines for which NHTSA has already granted full exemption 
from the parts-marking requirements.
    Based on the evidence submitted by DaimlerChrysler, the agency 
believes that the antitheft device for the Chrysler Town & Country 
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). The agency 
concludes that the device performs all four functions listed in 
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.
    As required by 49 U.S.C. 33106 and 49 CFR 543.6(a)(4) and (5), the 
agency finds that DaimlerChrysler has provided adequate reasons for its 
belief that the antitheft device will reduce and deter theft. This 
conclusion is based on the information DaimlerChrysler provided about 
its antitheft device. For the foregoing reasons, the agency hereby 
grants in full DaimlerChrysler's petition for an exemption for the MY 
2005 Chrysler Town & Country vehicle line from the parts-marking 
requirements of 49 CFR part 541. If DaimlerChrysler 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 DaimlerChrysler 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. Section 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, Section 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 
Section 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.

    Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 
1.50.

    Issued on: August 1, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-20055 Filed 8-5-03; 8:45 am]
BILLING CODE 4910-59-P