[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Notices]
[Pages 71184-71185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29289]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention 
Standard; BMW

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 BMW of North America, LLC 
(BMW) petition for exemption of the Carline X1 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 
the 2012 model year.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., 
West Building, Room W43-439, Washington, DC 20590. Ms. Ballard's 
telephone number is (202) 366-5222. Her fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated June 1, 2010, BMW 
requested exemption from the parts-marking requirements of the theft 
prevention standard (49 CFR part 541) for the MY 2012 BMW Carline X1 
vehicle line. The petition requested exemption from parts-marking 
pursuant to 49 CFR part 543, Exemption from Vehicle Theft Prevention 
Standard, based on the installation of an antitheft device as standard 
equipment for an entire vehicle line. The agency informed BMW by 
telephone on July 12, and by letter dated September 20, 2010 of the 
areas of insufficiency with respect to its June 1, 2010 petition for 
exemption. On October 8, 2010, BMW submitted supplementary information 
to the agency addressing its areas of insufficiency.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant 
exemptions for one vehicle line per model year. In its petition, BMW 
provided a detailed description and diagram of the identity, design, 
and location of the components of the antitheft device for its Carline 
X1 vehicle line. BMW will install its passive antitheft device as 
standard equipment on the line. Key features of the antitheft device 
will include a key with a transponder, loop antenna (coil), engine 
control unit (DME/DDE) with encoded start release input, an 
electronically-coded vehicle immobilizer/car access system (EWS/CAS) 
control unit and a passive immobilizer. BMW's submission, along with 
its supplementary information 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.
    BMW stated that the EWS immobilizer device prevents the vehicle 
from being driven away under its own engine power. The EWS control unit 
provides the interface to the loop antenna (coil), engine control unit 
and starter. It queries key data from the transponder and provides the 
coded release of the engine management for a valid key. The ignition 
and fuel supply are only released when a correct coded release signal 
has been sent by the EWS control unit, to allow the vehicle to start. 
The immobilizer device is automatically activated when the engine is 
shut off and the vehicle key is removed from the ignition lock 
cylinder. The antitheft device can be further secured by locking the 
vehicle doors and hood using either the key lock cylinder on the 
driver's door or the remote frequency remote control. The frequency for 
the remote control constantly changes to prevent an unauthorized person 
from opening the vehicle by intercepting the signals of its remote 
control. The vehicle is also equipped with a central-locking system 
that can be operated to lock and unlock all doors or to unlock only the 
driver's door, preventing forced entry into the vehicle through the 
passenger doors. BMW stated that the transponder is a special 
transmitter/receiver in the key which communicates with the EWS control 
unit, the transponder also has a chip which is integrated in the key 
consisting of a transmitter/receiver, a small antenna coil, and a read/
write memory. The transponder chip is supplied with energy via the loop 
antenna around the key slot; therefore, a battery is not necessary in 
the key for a voltage supply. The engine control unit (DME/DDE) is 
designed to cause the ignition and fuel supply to be released when the 
EWS control unit has sent a correct release signal, and after the 
initial starting value, the release signal becomes a rolling, ever-
changing, random code that is stored in the DME/

[[Page 71185]]

DDE and EWS (CAS control modules). The DME/DDE must identify the 
release signal and only then will the ignition signal and fuel supply 
be released.
    Additionally, BMW stated that the mechanical keys for the Carline 
X1 are unique. A special key blank, a special key cutting machine and 
the vehicle's unique code are needed to duplicate a key. BMW stated 
that new keys will only be issued to authorized persons.
    BMW stated that the proposed antitheft device does not provide any 
visible or audible indication of unauthorized entry. BMW asserts that 
theft data have indicated a decline in theft rates for vehicle lines 
that have been equipped with antitheft devices similar to that which it 
proposes to install on the Carline X1 line.
    BMW compared the effectiveness of its antitheft device with devices 
which NHTSA has previously determined to be as effective in reducing 
and deterring motor vehicle theft as would compliance with the parts-
marking requirements of Part 541. The antitheft device that BMW intends 
to install on its Carline X1 vehicle line for MY 2012 is the same 
device that BMW installed on its BMW X3 and X5 vehicle lines, and its 
Carline 1, 3, 5, 6, 7, Z4, and MINI vehicle lines. BMW has concluded 
that the antitheft device proposed for the Carline X1 vehicle line is 
no less effective than those devices and similar devices for which 
NHTSA has already been granted exemptions from the parts-marking 
requirements.
    BMW stated that the agency's theft rate data indicate that 
antitheft devices installed on BMW vehicles have been very effective in 
decreasing thefts. Specifically, BMW stated that all of its vehicle 
lines are installed with antitheft devices as standard equipment and 
the agency's data show that theft rates for those vehicle lines are 
very low. Specifically, BMW stated that for MY/CY 2008, the agency's 
data show that theft rates for those lines are: 0.08 (1-series), 0.74 
(3-series), 0.65 (3-series), 0.66 (6-series), 2.79 (7-series), 0.63 
(M3), 1.12 (M5), 0.68 (Z4(M)), and 0.26 (MINI Cooper) respectively. 
Using an average of 3 MYs data (2006-2008), theft rates for those lines 
are: 0.0841, 0.7719, 0.9636, 1.4791, 2.2942, 2.0251, 1.7992, 0.6916, 
0.3299, respectively.
    In addressing the specific content requirements of 543.6, BMW 
provided information on the reliability and durability of its device. 
To ensure reliability and durability of the device, BMW conducted tests 
based on its own specified standards and believes that the device is 
reliable and durable since the device complied with its specified 
requirements for each test. BMW provided a detailed list of the tests 
conducted.
    Based on the supporting evidence submitted by BMW, the agency 
believes that the antitheft device for the BMW Carline X1 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). 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.
    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 
supporting 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 BMW has provided adequate reasons for its belief that the 
antitheft device for the Carline X1 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 BMW 
provided about its device.
    For the foregoing reasons, the agency hereby grants in full BMW's 
petition for exemption for the MY 2012 Carline X1 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 BMW decides not to use the exemption for this line, it must 
formally notify the agency. If such a decision is made, the line must 
be fully marked as required by 49 CFR parts 541.5 and 541.6 (marking of 
major component parts and replacement parts).
    NHTSA notes that if BMW 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, Sec.  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 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 16, 2010.
Joseph S. Carra,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2010-29289 Filed 11-19-10; 8:45 am]
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