[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Notices]
[Pages 40103-40104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13652]


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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 Jeep Liberty, from the parts-marking requirements of the Federal 
Motor Vehicle 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.

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 phone number is 
(202) 366-0846. Her fax number is (202) 493-2290.

SUPPLEMENTARY INFORMATION: In a petition dated March 30, 2005, 
DaimlerChrysler Corporation, (DaimlerChrysler), requested an exemption 
from the parts-marking requirements of the theft prevention standard 
(49 CFR Part 541) for the Jeep Liberty vehicle line, beginning with MY 
2006. The petition requested an exemption from parts-marking 
requirements 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 Section Sec.  543.5(a), a manufacturer may petition NHTSA for 
one line of vehicle lines per year.
    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 2006 Jeep 
Liberty vehicle line. The antitheft device to be installed on the MY 
2006 Jeep Liberty, the Sentry Key Immobilizer System (SKIS) 
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 (SKIS) is designed to provide passive 
protection against unauthorized vehicle use.
    The (SKIS) prevents the engine from running for more than 2 seconds 
unless a valid electronically encoded 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. The SKIS has a visual telltale located in the vehicle 
electromechanical instrument cluster (EMIC). The components performing 
the immobilizer function in the SKIS are the Sentry Key REmote Entry 
Module (SKREEM), the Powertrain Control Module (PCM), and the Sentry 
Key. The ElectroMechanical Instrument Cluster (EMIC) controls the 
telltale function only.
    The SKREEM is the primary component of the SKIS and is also the 
receiver for the Remote Keyless Entry system and the Tire Pressure 
Monitor system. When the ignition switch is turned to the ON position, 
the SKREEM transmits a radio frequency (RF) signal to the transponder 
in the ignition key. If the response received identifies the key as 
valid, the SKREEM sends a valid key message to PCM over the PCI data 
bus, and the PCM allows the engine to continue to run. 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 response identifies the key as invalid, or if no response is 
received from the key transponder, the SKREEM sends an invalid key 
message to the PCM. The PCM will disable engine operation (after the 
initial 2 second run) based upon the status of the SKREEM messages. 
Only 6 consecutive invalid vehicle start attempts are permitted and all 
further invalid attempts are locked out by not firing fuel injectors 
and not engaging the starter. Only communication with a valid key will 
permit the engine to start and run.
    The telltale operates as a security indicator in the EMIC. The 
telltale alerts the owner that an unauthorized vehicle start attempt 
had been made. Upon an unauthorized start attempt, the telltale will 
flash on and off when the ignition switch is turned to the ``ON'' 
position. Besides acting as a security indicator, the telltale acts as 
a diagnostic indicator. If the SKREEM detects a system malfunction and/
or the SKIS has become inoperative, the security indicator will stay on 
solid. If the SKREEM detects an invalid key or if a key transponder-
related fault exists, the security indicator will flash.
    Each ignition key used in the SKIS has an integral transponder chip 
included on the circuit board beneath the cover of the integral Remote 
Keyless Entry (RKE) transmitter. In addition to having to be cut to 
match the mechanical coding of the ignition lock cylinder and 
programmed for operation of the RKE system, each new Sentry Key has a 
unique transponder identification code that is permanently programmed 
into it by the manufacturer, and which must be programmed into the 
SKREEM to be recognized by the SKIS as a valid key. DaimlerChrysler 
stated that

[[Page 40104]]

interrogation is performed with the transponder in the key using a 
Texas Intruments proprietary algorithm, which in a 40-bit number which 
allows for over one trillion combinations. Once a Sentry Key has been 
programmed to a particular vehicle, it cannot be used on any other 
vehicle.
    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 perform. The SKIS if fully functional over a voltage range of 9 Vdc 
to 16 Vdc and a temperature range of -40 degrees Celsius through 85 
degrees Celsius. In addition to the design and production validation 
test criteria, the SKIS undergoes a daily short term durability test 
whereby three randomly 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 its vehicles.
    DaimlerChrysler stated that its actual theft experience with Jeep 
Liberty 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 Jeep Liberty 
vehicles for model years 2002 and 2003 are 2.0626 and 1.8652, 
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 average theft rate for the MY 1999 through 2003 is 
2.6537, which is 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 Jeep Liberty 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 four of the five types of performance listed in Sec.  
543.6(a)(3): Promoting activation; attracting attention to the efforts 
of unauthorized persons to enter or operate 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.
    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 2006 Jeep 
Liberty 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. 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 Sec.  
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: July 7, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-13652 Filed 7-11-05; 8:45 am]
BILLING CODE 4910-59-P