[Federal Register Volume 69, Number 143 (Tuesday, July 27, 2004)]
[Notices]
[Pages 44724-44725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17023]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition To Modify an Exemption of a Previously Approved 
Antitheft Device; General Motors Corporation

AGENCY: National Highway Traffic Safety Administration (NHTSA) 
Department of Transportation (DOT).

ACTION: Grant of a petition to modify an exemption from the Parts 
Marking Requirements of a previously approved antitheft device.

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SUMMARY: On May 15, 1995, this agency granted in full General Motors 
Corporation's (GM) petition for exemption from the parts-marking 
requirements of the vehicle theft prevention standard for the Buick 
Regal vehicle line. This notice grants in full GM's petition to modify 
the exemption of the previously approved antitheft device for that 
line. NHTSA is granting GM's petition to modify the exemption because 
it has determined, based on substantial evidence, that the modified 
antitheft device described in GM's petition to be placed on the vehicle 
line as standard equipment, is likely to be as effective in reducing 
and deterring motor vehicle theft as compliance with the parts-marking 
requirements. This notice also acknowledges GM's notification that the 
nameplate for the Buick Regal vehicle line will be changed to the Buick 
LaCrosse vehicle line beginning with model year (MY) 2005.

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

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

SUPPLEMENTARY INFORMATION: On May 15, 1995, NHTSA published in the 
Federal Register a notice granting a petition from GM for an exemption 
from the parts-marking requirements of the vehicle theft prevention 
standard for the Buick Regal vehicle line beginning with the 1996 model 
year (See 60 FR 25938). On March 19, 2004, GM submitted a petition to 
modify an exemption of its existing MY 1987 antitheft device. GM's 
submission is a complete petition, as required by 49 CFR Part 543.9(d), 
in that it meets the general requirements contained in 49 CFR Part 
543.5 and the specific content requirements of 49 CFR Part 543.6. GM's 
petition provides a detailed description of the identity, design and 
location of the components of the antitheft system proposed for 
installation beginning with the 2005 model year.
    GM's petition also informed the agency of its planned nameplate 
change for the Buick Regal to the Buick LaCrosse nameplate beginning 
with the 2005 model year. GM stated that the vehicle will continue to 
be built on the existing ``W'' car platform from which the Buick 
Century/Regal line is currently built.
    The current antitheft device (``PASS-Key II'') installed on the 
Buick Century/Regal line utilizes an ignition key, an ignition lock 
cylinder and a decoder module and is passively activated. Before the 
vehicle can be operated, a key whose shank contains the correct 
electrical resistance of the key must be inserted in the ignition. The 
resistance value measured in the key pellet is compared to a fixed 
resistance in the vehicle's decoder module. If the key pellet's 
resistance matches that in the decoder module, the starter enable relay 
is energized and a signal is transmitted to the engine control module 
(ECM). Recognition of that signal by the ECM permits fuel to flow. If a 
key other than the one with proper resistance for the vehicle is 
inserted, the decoder module will shut down for three minutes plus or 
minus eighteen seconds.
    In GM's petition to modify the exemption, it stated that for MY 
2005, the Buick Regal/LaCrosse vehicle line will be equipped with the 
PASS-Key III theft deterrent system. The PASS-Key III will continue to 
provide protection against unauthorized starting and fueling of the 
vehicle engine. Components of the modified antitheft device include an 
electronically coded ignition key, body control module and engine 
control module. The PASS-Key III system uses a special ignition key and 
decoder module. The conventional mechanical code of the key unlocks and 
releases the transmission lever. The ignition key contains electronics 
molded into the key head. These electronics receive energy from the

[[Page 44725]]

controller module. Upon energization, the key will transmit its unique 
code via low frequency transmission. The controller module translates 
the low frequency signal received from the key into a digital signal 
and transmits the signal to the Body Control Module (BCM). The BCM 
compares the received signal to an internally stored value. If the 
values match, the key is recognized as valid, and a Vehicle Security 
Password, is transmitted via serial data link to the ECM to enable fuel 
and starting. If an invalid key code is received, the BCM will send a 
disable password to the ECM and starting, ignition, and fuel will be 
inhibited. The PASS-Key III system will provide protection against 
unauthorized starting and fueling of the vehicle engine. The antitheft 
device is designed to be active at all times without direct 
intervention by the vehicle operator. No intentionally specific or 
discrete security system action is necessary to achieve protection. The 
system is fully functional (armed) immediately after the vehicle has 
been turned off.
    GM stated that its modified antitheft device does not provide any 
visible or audible indication of unauthorized entry by means of 
flashing vehicle lights or sounding of the horn. To substantiate its 
belief that an alarm system is not a necessary feature to effectively 
deter the theft of a vehicle, GM compared the reduction in theft rates 
of Chevrolet Corvettes using a passive theft deterrent system (``VATS/
PASS-Key'') along with an audible/visible alarm system to the reduction 
in theft rates for Chevrolet Camaro and Pontiac Firebird vehicles 
equipped with a passive theft-deterrent system (``PASS-Key'') without 
an alarm. GM finds that the lack of an alarm or attention attracting 
device does not compromise the theft deterrent performance of a system 
such as the modified antitheft device system. Based on the declining 
theft rate experience of other vehicles equipped with devices that do 
not have an audio or visual alarm for which NHTSA has already exempted 
from the parts-marking requirements, the agency has concluded that the 
absence of a visual or audio alarm has not prevented these antitheft 
devices from being effective protection against theft.
    In order to ensure the reliability and durability of the device, GM 
conducted tests based on its own specified standards. GM provided a 
detailed list of tests conducted and believes that its device is 
reliable and durable since the device complied with its specified 
requirements for each test. The tests conducted included high and low 
temperature storage, thermal shock, humidity frost, salt fog, 
flammability, altitude, drop, shock, random vibration, dust, potential 
contaminants, connector retention/strain relief, terminal retention, 
connector insertion, crush, ice, immersion and tumbling.
    GM compared the MY 2005 device with devices which NHTSA has already 
determined to be as effective in reducing and deterring motor vehicle 
theft as would compliance with the parts-marking requirements. To 
substantiate its beliefs as to the effectiveness of the new device, GM 
compared the MY 2005 modified device to its ``PASS-Key''-like systems. 
GM indicated that the theft rates, as reported by the Federal Bureau of 
Investigation's National Crime Information Center, are lower for GM 
models equipped with the ``PASS-Key''-like systems which have 
exemptions from the parts-marking requirements of 49 CFR Part 541, than 
the theft rates for earlier models with similar appearance and 
construction which were parts-marked. Based on the performance of the 
PASS-Key, PASS-Key II, and PASS-Key III systems on other GM models, and 
the advanced technology utilized by the modification, GM believes that 
the MY 2005 modified antitheft device will be more effective in 
deterring theft than the parts-marking requirements of 49 CFR Part 541.
    On the basis of this comparison, GM believes that the antitheft 
system (PASS-Key III) for model years 2005 and later will provide 
essentially the same functions and features as found on its MY 1987-
2004 system and therefore, its modified system will provide at least 
the same level of theft prevention as parts-marking. GM believes that 
the antitheft system proposed for installation on its MY 2005 Buick 
Regal/LaCrosse vehicle line is likely to be as effective in reducing 
thefts as compliance with the parts-marking requirements of Part 541.
    The agency has evaluated GM's MY 2005 petition to modify the 
exemption for the Buick Regal/LaCrosse vehicle line from the parts-
marking requirements of 49 CFR Part 541, and has decided to grant it. 
It has determined that the PASS-Key III system is likely to be as 
effective as parts-marking in preventing and deterring theft of these 
vehicles, and therefore qualifies for an exemption under 49 CFR Part 
543. The agency believes that the modified device will continue to 
provide four of the five types of performance listed in Section 
543.6(b)(3): promoting activation; preventing defeat or circumventing 
of the device by unauthorized persons; preventing operation of the 
vehicle by unauthorized entrants; and ensuring the reliability and 
durability of the device.
    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: July 21, 2004.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 04-17023 Filed 7-26-04; 8:45 am]
BILLING CODE 4910-59-P