[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Notices]
[Pages 17614-17616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6525]


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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, 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 August 15, 1989, the National Highway Traffic Safety 
Administration (NHTSA) granted in part General Motors Corporation's 
(GM) petition for an exemption in accordance with Sec.  543.9(c)(2) of 
49 CFR Part 543, Exemption from the Theft Prevention Standard for the 
Chevrolet Camaro vehicle line. The exemption was granted because the 
agency determined that the antitheft device proposed to be placed on 
the line as standard equipment was likely to be as effective in 
reducing and deterring motor vehicle theft as compliance with the 
parts-marking requirements of the Theft Prevention Standard. On 
November 10, 2006, GM petitioned the agency to amend the exemption 
previously granted for the Chevrolet Camaro vehicle line. NHTSA is 
granting in full GM's petition to modify the exemption because it has 
determined that the modified antitheft device to be placed on the 
Chevrolet Camaro line as standard equipment will also likely be as 
effective in reducing

[[Page 17615]]

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) 2010.

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

SUPPLEMENTARY INFORMATION: On August 15, 1989, NHTSA published in the 
Federal Register a notice granting in part a petition from GM for an 
exemption from the parts marking requirements of the Theft Prevention 
Standard (49 CFR 541) for the 1990 Chevrolet Camaro vehicle line. The 
Chevrolet Camaro was equipped with the PASS-Key antitheft device (See 
54 FR 33655). For MY 1993, the device was changed to the PASS-Key II 
device. GM did not submit a petition for modification at that time 
because, in a February 7, 1992, letter to GM, the agency determined 
that changes in the ``PASS-Key II'' constituted a de minimis change in 
the PASS-Key device. GM suspended production of the Chevrolet Camaro 
vehicle line at the end of the 2003 MY.
    In a petition dated November 10, 2006, GM requested a modification 
of the previously granted exemption for the Chevrolet Camaro vehicle 
line. GM stated that ``(F) or the 2010 Model Year, General Motors will 
be reinstating production of the Chevrolet Camaro and upgrading the 
standard theft deterrent system.'' GM's November 10, 2006, 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 and diagram of the identity, design, 
and location of the components of the antitheft device proposed for 
installation beginning with the 2010 model year.
    The 1990 antitheft device (PASS-Key) installed on the Chevrolet 
Camaro was a passively activated, transponder-based, electronic 
immobilizer system. The PASS-Key system used a standard ignition key to 
rotate a specially coded ignition switch. Before the vehicle could be 
operated, the electrical resistance of a pellet embedded in the shank 
of the key had to be sensed by elements in the ignition lock cylinder 
and recognized by the decoder. If a key with the incorrect electrical 
resistance was inserted, the PASS-Key decoder module would shut down, 
disabling the start and fuel delivery systems.
    The 1993 antitheft device (PASS-Key II) was a modification of the 
PASS-Key device. GM stated that the key resistance read by discrete 
electrical components in the PASS-Key circuitry was replaced in the 
PASS-Key II device with the key resistance being determined by a 
microprocessor. Additionally, a security indicator would illuminate 
continuously directing the operator to have the vehicle serviced if 
``fail enabled'' conditions (i.e., vehicle does not start with the 
proper key because of a dirty or contaminated resistor pellet) arose. 
If a fault was detected, future ignition cycles would not be allowed 
regardless of key authorization.
    In its second modification, GM stated that it proposes to install 
its Chevrolet Camaro vehicle line with its PASS-Key III+ antitheft 
device for MY 2010. The PASS-Key III+ is also a transponder based, 
electronic immobilizer system. It is designed to be active at all times 
without direct intervention by the vehicle operator. The antitheft 
device is fully armed immediately after the ignition has been turned 
off and the key removed. The device will continue to 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).
    Components of the modified antitheft device include an 
electronically-coded ignition key, a PASS-Key III+ controller module 
and an engine control module. Unlike the ignition key used with the 
PASS-Key and PASS-Key II devices, the PASS-Key III+ ignition key 
contains electronics embedded within the head of the key. 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 the vehicle can be operated.
    The PASS-Key III+ device has the potential for over four billion 
unique electrical key codes which varies with every ignition cycle, 
while the PASS-Key and PASS-Key II has a possibility of 15 code 
combinations that never varies at each ignition cycle. In the PASS-Key 
III+, each key is uniquely coded and the vehicle can be programmed to 
operate with up to ten different codes, compared to the PASS-Key and 
PASS-Key II devices that only allow a vehicle to recognize a single 
unique code.
    GM indicated that the theft rates, as reported by the Federal 
Bureau of Investigation's National Crime Information Center (NCIC), 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, similarly-constructed models 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 2010 
antitheft device will be more effective in deterring theft than the 
parts-marking requirements of 49 CFR Part 541.
    GM stated that the theft rates for the 2003 and 2004 Cadillac CTS 
and the MY 2004 Cadillac SRX currently installed with the PASS-Key III+ 
antitheft device exhibit theft rates that are lower than the median 
theft rate (3.5826) established by the agency. The Cadillac CTS 
introduced as a MY 2003 vehicle line has been equipped with the PASS-
Key III+ device since the start of production. The theft rates for the 
MY 2003 and 2004 Cadillac CTS is 1.0108 and 0.7681 respectively. 
Similarly, the Cadillac SRX introduced as a MY 2004 vehicle has been 
equipped with the PASS-Key III+ device since production. The theft rate 
for MY 2004 Cadillac SRX is 0.7789. GM stated that the theft rates 
experienced by these lines with installation of the PASS-Key III+ 
device demonstrate the effectiveness of the device. The agency agrees 
that the device is substantially similar to devices for which the 
agency has previously approved exemptions.
    GM's proposed device, as well as other comparable devices that have 
received full exemptions from the parts-marking requirements, lack an 
audible or visible alarm. Therefore, these devices 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 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

[[Page 17616]]

performance of a system such as PASS-Key III+. In past petitions, the 
agency has concluded that the lack of a visual or audio alarm has not 
prevented these antitheft devices from being effective protection 
against theft.
    On the basis of this comparison, GM believes that the antitheft 
device (PASS-Key III+) for model years 2010 and later will provide 
essentially the same functions and features as found on its MY 1990-
2002 PASS-Key device 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 2010 
Chevrolet Camaro is likely to be as effective in reducing thefts as 
compliance with the parts marking requirements of Part 541.
    In addressing the specific content requirements of 543.6, GM 
provided information on the reliability and durability of the 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 tests conducted and believes that the device is 
reliable and durable since it complied with the specified requirements 
for each test. GM also stated that since the authorization code is not 
handled or contacted by the vehicle operator, the reliability of the 
PASS-Key III+ is significantly improved over the PASS-Key and PASS-Key 
II devices. This reliability allows the system to return to the ``Go/No 
Go'' based system, eliminating the ``fail enabled'' mode of operation.
    The agency has evaluated GM's MY 2010 petition to modify the 
exemption for the Chevrolet Camaro 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 proposed device will continue to 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.
    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 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.

Stephen R. Kratzke,
Associate Administrator for Rulemaking.
 [FR Doc. E7-6525 Filed 4-6-07; 8:45 am]
BILLING CODE 4910-59-P