[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Notices]
[Pages 12779-12780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5036]


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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 March 26, 1992, this agency granted in part the General 
Motors Corporation's (GM) petition for exemption from the parts marking 
requirements of the vehicle theft prevention standard for the Buick 
LeSabre vehicle line. On June 2, 1999, this agency granted in full GM's 
petition for modification of the previously approved antitheft device 
for the Buick LeSabre vehicle line. This notice grants in full GM's 
second petition to modify the exemption of the previously approved 
antitheft device for the Buick LeSabre vehicle line beginning with 
model year (MY) 2006. This notice also acknowledges GM's notification 
that the nameplate for the Buick LeSabre vehicle line will be changed 
to Buick Lucerne beginning with the 2006 model year. 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.

DATES: The exemption granted by this notice is effective beginning with 
model year (MY) 2006.

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 March 26, 1992, NHTSA published in the 
Federal Register a notice granting in part the petition from GM for an 
exemption from the parts-marking requirements of the Theft Prevention 
Standard (49 CFR 541) for the MY 1993 Buick LeSabre vehicle line. The 
LeSabre was equipped with the ``PASS-Key II'' antitheft device (See 57 
FR 10517). On June 2, 1999, NHTSA published in the Federal Register a 
notice granting in full GM's petition for modification of the 
previously approved antitheft device for the Buick LeSabre vehicle line 
beginning with the 2000 model year. The LeSabre was equipped with the 
``PASS-Key III'' antitheft device (See 64 FR 29736). On November 4, 
2004, GM submitted a second petition to modify an exemption of its 
existing 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 2006 
model year.
    GM's petition also informed the agency of its planned nameplate 
change for the Buick LeSabre to the Buick Lucerne nameplate beginning 
with the 2006 model year. GM stated that the Buick Lucerne will 
continue to be built on the existing ``H'' car platform from which the 
Buick LeSabre line is currently built.
    The current antitheft device (``PASS-Key III'') installed on the 
Buick LeSabre vehicle line provides protection against unauthorized 
starting and fueling of the vehicle engine. GM stated that its 
antitheft device is designed to be active at all times without direct 
intervention by the vehicle operator and, that no specific or discrete 
security system action is necessary to achieve protection of the 
device. The device is fully armed immediately after the vehicle has 
been turned off and the key has been removed.
    The PASS-Key III device utilizes a special ignition key and decoder 
module. The mechanical code of the key unlocks and releases the 
transmission lever. The vehicle can only be operated when the key's 
electrical code is sensed by the key cylinder and properly decoded by 
the controller module.
    The ignition key contains electronics in the key head that receives 
energy from the controller module. Upon receipt of the data from the 
controller module, the key transmits a unique code through low 
frequency transmission. The controller module translates the received 
signal from the key into a digital signal which is transmitted to the

[[Page 12780]]

body control module (BCM). The received signal is compared to an 
internally stored value by the BCM. If the values match, the key is 
recognized as valid and a vehicle security password is transmitted 
through data link to the engine control module to enable fuel and 
starting of the vehicle.
    In GM's petition to modify its exemption, it stated that its Buick 
Lucerne vehicle line will be equipped with the PASS-Key III+ theft 
deterrent system for MY 2006. The PASS-Key III+ device will continue to 
provide protection against unauthorized starting and fueling of the 
vehicle engine. Components of the modified antitheft device include a 
special ignition key and decoder module. The conventional mechanical 
code of the key will continue to unlock and releases the transmission 
lever. Before the vehicle can be operated, the key's electrical code 
must be sensed and properly decoded by the PASS-Key III+ control 
module. The ignition key contains electronics molded in to the key 
head. These electronics receive energy and data from the control 
module. Upon receipt of the data, the key will calculate a response to 
the data using secret information and an internal encryption algorithm 
and transmit the response back to the vehicle. The controller module 
translates the radio frequency signal received from the key into a 
digital signal and compares the received response to an internally 
calculated value. If the values match, the key is recognized as valid, 
and a vehicle security password (one of 65,534), is transmitted through 
a serial data link to the powertrain control module to enable fuel and 
starting of the vehicle. If an invalid key code is received, the PASS-
Key III+ controller module will send a disable password to the 
powertrain control module through the serial data bus, and the ignition 
and fuel systems will be inhibited. GM also stated that the PASS-Key 
III+ device has the capability for producing billions of codes, which 
will require centuries to scan to allow someone to steal a vehicle.
    GM stated that although it's modified antitheft device provides 
protection against unauthorized starting and fueling of the vehicle, it 
does not provide any visible or audible indication of unauthorized 
entry by means of flashing vehicle lights or sounding of the horn. 
Since the system is fully operational once the vehicle has been turned 
off, specific visible or audible reminders beyond key removal reminders 
have not been provided.
    Based on comparison of the reduction in the theft rates of GM 
vehicles using a passive theft deterrent device with an audible/visible 
alarm system to the reduction in theft rates for GM vehicle 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 system such as PASS-Key 
III+. The agency has previously agreed with the finding that the 
absence of a visible or audible 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. Additionally, 
GM stated that the design and assembly processes of the PASS-Key III+ 
device and components are validated for a vehicle life of 10 years and 
150,000 miles of performance.
    GM compared its MY 2006 antitheft 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 2006 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 2006 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, the antitheft device (PASS-Key 
III+) for model years 2006 and later will provide essentially the same 
functions and features as found on its MY 1993-2005 ``PASS-Key''-like 
devices and therefore, its modified device will provide at least the 
same level of theft prevention as parts-marking. GM believes that the 
antitheft device proposed for installation on its MY 2006 Buick Lucerne 
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 2006 petition to modify the 
exemption for the Buick Lucerne 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: March 4, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-5036 Filed 3-14-05; 8:45 am]
BILLING CODE 4910-59-P