[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 59027-59028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27361]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption from the Federal Motor Vehicle Motor Theft 
Prevention Standard; Jaguar Land Rover

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 Jaguar Land Rover 
North America's, (Jaguar) petition for an exemption of the XJ vehicle 
line in accordance with 49 CFR Part 543, Exemption from the Theft 
Prevention Standard. This petition is granted because the agency has 
determined that the anti-theft 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 (49 CFR part 541).

DATES: The exemption granted by this notice is effective beginning with 
model year (MY) 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, W43-
439, 1200 New Jersey Avenue, SE., Washington, DC 20590. Ms. Ballard's 
phone number is (202) 366-0846. Her fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated May 11, 2009, Jaguar 
requested an exemption from the parts-marking requirements of the theft 
prevention standard (49 CFR Part 541) for the XJ vehicle line beginning 
with MY 2010. The petition has been filed pursuant to 49 CFR part 543, 
Exemption from Vehicle Theft Prevention Standard, based on the 
installation of an anti-theft 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. In its petition, Jaguar 
provided a detailed description and diagram of the identity, design, 
and location of the components of the anti-theft device for the XJ 
vehicle line. Jaguar stated that the XJ vehicles will be equipped with 
a passive, transponder based, electronic engine immobilizer device as 
standard equipment beginning with the 2010 model year. Additionally, 
Jaguar states that its vehicle security system also includes an audible 
and visual perimeter alarm system as standard equipment and can be 
armed with the Smart Key or programmed to be passively armed. The 
perimeter alarm system can be programmed to arm automatically 30 
seconds after all doors, luggage compartment and hood apertures are 
closed and the Smart Key is removed from the vehicle. The siren will 
sound and exterior lights will flash if the hood, luggage compartment, 
or doors are open during unauthorization.
    Jaguar stated that there are three methods to its system operation, 
one method of operation consist of the driver approaching the vehicle 
and pulling on the driver's door handle, when the door handle is 
pulled, the Keyless Vehicle Module via the Low frequency Door Handle 
Antenna sends a signal to the Key Fob by using a resonant frequency of 
125 KHz. The Key fob will decrypt the data received along with its 
unique identifier and send an answer back to the Keyless Vehicle Module 
via the Remote Frequency Receiver. On pressing the ignition start 
button, a search is commenced in order to find and authenticate the 
Smart Key within the vehicle interior. If successful, this information 
is passed via a coded data transfer to the Body Control Module (BCM) 
via the Remote Function Actuator. The BCM in turn, will pass the valid 
key status to the instrument cluster, via a coded data transfer. The 
BCM sends the key valid message to the Power Train Control Module which 
initiates a coded data transfer, then the engine is authorized to 
crank, fuel and start. The second method is by using the Smart Key 
unlock button, upon pressing the button, the doors will unlock, once 
the driver presses the ignition start button, the operation is the same 
as method one. The third method is if the Smart Key has a discharged 
battery or is damaged, there is an emergency key blade that can be 
removed from the Smart Key and used to unlock the doors. On pressing 
the ignition start button, a search is commenced in order to find and 
authenticate the Smart Key within the vehicle interior, if successful, 
the Smart Key needs to be docked. Once the Smart Key is placed in the 
correct position, and the ignition start button is pressed again, the 
BCM and Smart key enter a coded data exchange via the Immobilizer 
Antenna Unit, the BCM in turn, passes the valid key status to the 
instrument cluster, via a coded data transfer. The BCM sends the key 
valid message to the Power Train Control Module which initiates a coded 
data transfer, if successful the engine is authorized to crank, fuel 
and start.
    In addressing the specific content requirements of 543.6, Jaguar 
provided information on the reliability and

[[Page 59028]]

durability of its proposed device. To ensure reliability and durability 
of the device, Jaguar conducted tests based on its own specified 
standards. Jaguar provided a detailed list of the tests conducted 
(i.e., temperature and humidity cycling, high and low temperature 
cycling, mechanical shock, random vibration, thermal stress/shock 
tests, material resistance tests, dry heat, dust and fluid ingress 
tests). Jaguar stated that it believes that its device is reliable and 
durable because it complied with specified requirements for each test. 
Additionally, Jaguar stated that the key recognition sequence includes 
in excess of a billion code combinations. The code combinations include 
encrypted data that are secure against copying, also the coded data 
transfer between modules use a unique secure identifier, random number 
and secure public algorithm which includes an excess of a billion code 
combinations.
    Jaguar stated that the current generation Jaguar XJ line produced 
since 2004 MY has an engine immobilizer system as standard equipment, 
but since the current generation of Jaguar XJ has only been available 
with an engine immobilizer, there is no comparative Jaguar data 
available for the XJ without an immobilizer. Also, Jaguar stated that 
based on MY 2006 theft information published by NHTSA, the Jaguar XJ 
line has had theft rates well below the median of 2.08 thefts per 
thousands, specifically, for the XJ8/XJ8L vehicle line,0.8711, the 
Vanden Plas/Super V8, 0.000, and the XJR, 0.0000. Jaguar believes this 
low theft rate demonstrates the effectiveness of the immobilizer 
system.
    Based on the evidence submitted by Jaguar, the agency believes that 
the anti-theft device for the XJ 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).
    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 anti-theft 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 Jaguar has provided adequate reasons for its belief 
that the anti-theft device for the Jaguar XJ 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 
Jaguar provided about its device.
    The agency concludes that the device will provide the five types of 
performance listed in Sec.  543.6(a)(3): promoting activation; attract 
attention to the efforts of an unauthorized person to enter or move 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.
    For the foregoing reasons, the agency hereby grants in full 
Jaguar's petition for exemption for the Jaguar XJ 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 
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 anti-theft 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 Jaguar 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 Jaguar 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 anti-theft 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 anti-theft 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 anti-theft 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: November 6, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9-27361 Filed 11-13-09; 8:45 am]
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