[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Notices]
[Pages 3132-3134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-947]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Motor Theft 
Prevention Standard; General Motors Corporation

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

ACTION: Grant of petition for exemption.

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SUMMARY: This document grants in full the petition of General Motors 
Corporation (GM), for an exemption in accordance with Sec.  543.9(c)(2) 
of 49 CFR Part 543, Exemption from the Vehicle Theft Prevention 
Standard, for the GMC small crossover vehicle line beginning with model 
year (MY) 2010. 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) 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of 
International Policy, Fuel Economy and Consumer Standards, NHTSA, 1200 
New Jersey Avenue, SE., Washington, DC 20590. Ms. Mazyck's phone number 
is (202) 366-0846. Her fax number is (202) 493-2290.

[[Page 3133]]


SUPPLEMENTARY INFORMATION: In a petition dated September 25, 2008, GM 
requested an exemption from the parts-marking requirements of the theft 
prevention standard (49 CFR part 541) for the GMC small crossover 
vehicle line beginning with MY 2010. The petition requested an 
exemption from parts-marking pursuant to 49 CFR 543, Exemption from the 
Vehicle Theft Prevention Standard, based on the installation of an 
antitheft device as standard equipment for the entire vehicle line.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant an 
exemption for one vehicle line per model year. GM has petitioned the 
agency to grant an exemption for its small crossover vehicle line 
beginning with MY 2010. On November 18, 2008, the agency contacted GM 
by telephone to obtain additional information. GM'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.
    GM's petition provided a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device for the new vehicle line. GM will install its passive, 
transponder-based, electronic immobilizer device (PASS-Key III+) as 
standard equipment on its GMC small crossover vehicle line beginning 
with MY 2010. GM stated that the device will 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).
    The PASS-Key III+ device is designed to be active at all times 
without direct intervention by the vehicle operator. The system is 
fully armed immediately after the ignition has been turned off and the 
key removed. Components of the antitheft device include an 
electronically-coded ignition key, a PASS-Key III+ controller module 
and an engine control module. The ignition key contains electronics 
molded into the key head, providing billions of possible electronic 
combinations. The electronics receive energy and data from the antenna 
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 antenna 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 one of 65,534 ``Vehicle Security Passwords'' is transmitted to the 
engine control module to enable fueling 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 engine control module and 
starting, ignition, and fuel will be inhibited.
    GM indicated that the theft rates, as reported by the Federal 
Bureau of Investigation's National Crime Information Center (NCIC), are 
lower for exempted GM models equipped with the ``PASS-Key''-like 
systems 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 
PASS-Key III+ antitheft device will be more effective in deterring 
theft than the parts-marking requirements of 49 CFR 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 its 
own test information on the reliability and durability of its device, 
and believes that the device is reliable and durable since it complied 
with the specified requirements for each test. GM stated that the PASS-
Key III+ system has been designed to enhance the functionality and 
theft protection provided by GM's first, second and third generation 
PASS-Key, PASS-Key II, and PASS-Key III systems. 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. According to GM, 
this reliability allows the system to return to the ``Go/No Go'' based 
system, eliminating the ``fail enabled'' mode of operation.
    GM compared the device proposed for its small crossover vehicle 
line with other devices which NHTSA has determined to be as effective 
in reducing and deterring motor vehicle theft as would compliance with 
the parts-marking requirements. 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 are 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. GM also stated that its crossover vehicle is a corporate 
twin to the Chevrolet Equinox which is equipped with the PASS-Key III+ 
device and already exempt from the parts-marking requirements. The 
average theft rate for the Chevrolet Equinox using two model years' 
data is 1.2073. The agency agrees that the device is substantially 
similar to devices for which the agency has previously approved 
exemptions.
    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+.
    GM's proposed device lacks an audible or visible alarm. Therefore, 
this device 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. However, theft data have indicated a decline 
in theft rates for vehicle lines equipped with comparable devices that 
have received full exemptions from the parts-marking requirements. In 
these instances, the agency has concluded that the lack of a audible or 
visible alarm has not prevented these antitheft devices from being 
effective protection against theft.
    Based on the evidence submitted by GM, the agency believes that the 
antitheft device for the GM small crossover 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; 
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.

[[Page 3134]]

    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7 (b), the agency grants 
a petition for exemption from the parts-marking requirements of part 
541, either in whole or in part, if it determines that, based upon 
substantial evidence, the standard equipment antitheft device is likely 
to be as effective in reducing and deterring motor vehicle theft as 
compliance with the parts-marking requirements of part 541. The agency 
finds that GM has provided adequate reasons for its belief that the 
antitheft device for the GMC small crossover 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). This conclusion is based on the information 
GM provided about its device.
    For the foregoing reasons, the agency hereby grants in full GM's 
petition for exemption for the GMC small crossover vehicle line from 
the parts-marking requirements of 49 CFR part 541. The agency notes 
that 49 CFR part 541, Appendix A-1, identifies those lines that are 
exempted from the Theft Prevention Standard for a given model year. 49 
CFR part 543.7(f) contains publication requirements incident to the 
disposition of all part 543 petitions. Advanced listing, including the 
release of future product nameplates, the beginning model year for 
which the petition is granted and a general description of the 
antitheft device is necessary in order to notify law enforcement 
agencies of new vehicle lines exempted from the parts marking 
requirements of the Theft Prevention Standard.
    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 notes that if GM 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 part 
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: January 12, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
 [FR Doc. E9-947 Filed 1-15-09; 8:45 am]
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