[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Notices]
[Pages 62385-62387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28440]


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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's (GM) petition for an exemption of the Cadillac CTS 
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 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 (49 CFR part 541).

DATES: The exemption granted by this notice is effective beginning with 
model year (MY) 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy, and Consumer Standards, 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 September 25, 2009, GM 
requested an exemption from the parts-marking requirements of the theft 
prevention standard (49 CFR part 541) for the Cadillac CTS vehicle line 
beginning with MY 2011. The petition has been filed 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 Sec.  543.5(a), a manufacturer may petition NHTSA to grant an 
exemption for one vehicle line per model year. In its petition, GM 
provided a detailed description and diagram of the identity, design, 
and location of the components of the antitheft device for the Cadillac 
CTS vehicle line. GM stated that all Cadillac CTS vehicles will be 
equipped with a passive, transponder-based, electronic immobilizer 
device as standard equipment beginning with MY 2011. Vehicles will have 
either the (PASS-Key III+) or the Keyless Access system. GM stated that 
both devices will

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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 
controller 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 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.
    The Keyless Access device is automatically armed after the vehicle 
is put into the Off mode, no additional operator action is required to 
protect the vehicle. This system will utilize a special electronic key, 
two low-frequency antennas, an authorization module, a Body Control 
Module, and an Engine Control Module. The authorization module verifies 
the electronic key prior to allowing vehicle operation. Verification of 
the electronic code is also required to allow the transmission shift 
level to unlock. The electronic key resides in the form of a remote key 
fob in which the key fob contains buttons to perform normal remote 
keyless entry functions, and also contains special electronics to 
communicate with the vehicle without direct customer intervention. The 
electronic key will transmit a response via a Radio Frequency channel 
and the authorization module will receive the Radio Frequency 
transmission and compares the received response with an internally 
calculated response. If the values match, authorization is communicated 
to the Body Control Module to allow the vehicle to enter operating 
modes.
    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 stated that 
the design and assembly processes of the system and components are 
validated for a vehicle life of 10 years and 150,000 miles of 
performance. GM also provided a detailed list of the tests conducted 
used to validate integrity, durability and reliability, and after each 
test, components must operate as designed.
    GM stated that the PASS-Key III+ system and the Keyless Access 
System have 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 there 
is data provided by the American Automobile Manufacturers Association 
to Docket 97-042; Notice 1, that in confidence, these systems will be 
effective in reducing and deterring motor vehicle theft.
    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 electronically coded 
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 in PASS-Key III+ 
and the Keyless Access System, GM believes that these systems will be 
more effective in deterring theft than the parts-marking requirements 
of 49 CFR Part 541. GM believes that the agency should find that 
inclusion of the PASS-Key III+ or the Keyless Access system on all 
vehicles in the Cadillac CTS line is sufficient to qualify this vehicle 
line for full exemption from the parts-marking requirements.
    Based on the evidence submitted by GM, the agency believes that the 
antitheft device for the Cadillac CTS 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).
    Based on comparison of the reduction in the theft rates of 
Chevrolet Corvettes using a passive theft deterrent system along with 
an audible/visible alarm system to the reduction in theft rates for the 
Chevrolet Camaro and the Pontiac Firebird models equipped with a 
passive theft deterrent system 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+ system 
and the Keyless Access System.
    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.
    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 Cadillac CTS 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.
    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.
    For the foregoing reasons, the agency hereby grants in full GM's 
petition for exemption for the GM Cadillac CTS 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.

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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: November 23, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9-28440 Filed 11-25-09; 8:45 am]
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