[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Notices]
[Pages 35112-35113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14216]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition To Modify an Exemption of a Previously Approved 
Antitheft Device; Ford Motor Company

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

ACTION: Grant of petition to modify an exemption of a previously 
approved antitheft device.

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SUMMARY: On January 13, 2011, the National Highway Traffic Safety 
Administration (NHTSA) granted in full Ford Motor Company's (Ford) 
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 Ford 
Fusion vehicle line beginning with its model year (MY) 2012 vehicles. 
On February 16, 2012, Ford submitted a petition to modify its 
previously approved exemption for the Ford Fusion vehicle line 
beginning with model year (MY) 2013. Ford also requested confidential 
treatment of specific information in its petition by letter dated April 
25, 2012. The agency will address Ford's request for confidential 
treatment by separate letter. NHTSA is granting Ford's petition to 
modify the exemption in full because it has determined that the 
modified device is also 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 modification granted by this notice is effective beginning 
with the 2013 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200 
New Jersey Avenue SE., Washington, DC 20590. Ms. Ballard's telephone 
number is (202) 366-5222. Her fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: On January 13, 2011, NHTSA published in the 
Federal Register a notice granting in full a petition from Ford for an 
exemption from the parts-marking requirements of the Theft Prevention 
Standard (49 CFR 541) for the Fusion vehicle line beginning with its MY 
2012 vehicles. The 2012 Ford Fusion is currently equipped with the 
SecuriLock immobilizer device as standard equipment. The SecuriLock 
device is a passive antitheft device and is offered with an optional 
perimeter alarm system (See 76 FR 2444).
    On February 16, 2012, Ford submitted a petition to modify its 
previously approved exemption for the Fusion vehicle line. This notice 
grants in full Ford's petition to modify the exemption for the Fusion 
vehicle line beginning with its MY 2013 vehicles. Ford's 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. Ford'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 2013 model year.
    The MY 2012 passive antitheft device installed as standard 
equipment on the Ford Fusion is a passive transponder-based electronic 
powertrain immobilizer system (SecuriLock). Features of the antitheft 
device include an electronic key, ignition lock, and a transponder-
based electronic passive immobilizer. The MY 2012 device also 
incorporates a separate perimeter alarm system that monitors all the 
doors, decklid and hood of the vehicle. If unauthorized access is 
attempted to any of those protected areas, a visible and audible alarm 
is activated.
    Ford stated that integration of the transponder into the normal 
operation of the ignition key assures activation of the device. When 
the ignition key is turned to the start position, the transceiver 
module reads the ignition key code and transmits an encrypted message 
to the cluster. Once validation of the key is determined, the engine 
can be started once a separate encrypted message is sent to the 
powertrain's electronic control module (PCM). The powertrain will 
function only if the key code matches the unique identification key 
code previously programmed into the PCM. If the codes do not match, the 
powertrain engine starter will be disabled.
    In its 2012 modification, Ford stated that the Fusion vehicles will 
be available with the Intelligent Access with Push Button Start (IAwPB) 
system as optional equipment on its Fusion S and SE trim vehicles but 
would continue to be equipped with the SecuriLock antitheft system as 
standard equipment. Ford also stated that the Fusion Titanium trim and 
Fusion Hybrid vehicles will be equipped with the IAwPB system as 
standard equipment.
    Ford further stated that the IAwPB system being offered on the 2013 
Fusion vehicles is of the same design and performance as that being 
installed on the MY 2011 Ford Explorer vehicles. Ford was granted an 
exemption for the Explorer vehicle line on May 28, 2010 by NHTSA (See 
75 FR 30103). The agency's most current theft rate information for the 
Ford Explorer using two MYs data (2004-2005) is 1.6477.
    Key components of the IAwPB system is an electronic keyfob, remote 
function actuator, body control module, power train control module and 
a passive immobilizer. Ford stated that both devices are always active 
and require no other operator action. Ford stated that in addition to a 
programmed electronic key, there are two modules, the Body Control 
Module (BCM), and the PCM, that must be matched together to start the 
vehicle. These matched modules will not function in other vehicles if 
separated from each other, adding even an additional level of security 
to the IAwPB device. Specifically, in the SecuriLock device, when the 
ignition key is turned to the ``start'' position, the transceiver 
module reads the ignition key code and transmits an encrypted message 
from the keycode to the control

[[Page 35113]]

module, which then determines key validity and authorizes engine 
starting by sending a separate encrypted message to the PCM. In the 
IAwPB device, when the ``start'' button is pressed, and the brake pedal 
is depressed, the BCM triggers the Remote Function Actuator (RFA) to 
search for a key inside the vehicle. If a key is detected, the RFA 
compares the keycode to the stored valid codes in the RFA and reports 
back to the BCM whether a valid key was found. In both devices, if the 
codes do not match, the vehicle will be inoperable. Additionally, Ford 
stated that in both systems, an electronic key has to be programmed to 
the vehicle via a secure diagnostic method. If this programmed key is 
not present in the vehicle, the engine will be inoperable.
    Ford previously stated in its MY 2011 petition that reliability and 
durability of the devices are supported by the incorporation of several 
features in both the SecuriLock and IAwPB device. Specifically, some of 
those features include: encrypted communication between the 
transponder, control function and the power train control module; no 
moving parts; inability to mechanically override the device to start 
the vehicle; and the BCM/RFA remote function actuator and the power 
train control module share security data that during vehicle assembly 
form matched modules that if separated from each other will not 
function in other vehicles.
    Ford believes that the planned addition of the optional IAwPB 
electronic engine immobilizer system will render ineffective, 
conventional theft methods, such as hot-wiring, attacking the ignition 
lock cylinder and drive-away thefts.
    Ford also believes that installation of the SecuriLock system and 
IAwPB system are an effective deterrent against vehicle theft. Since 
the same aspects of performance (i.e., arming and the immobilization 
feature) are still provided, the agency believes that the same level of 
protection is being met. Since the agency granted Ford's exemption for 
its MY 2012 Fusion vehicle line, there is no available theft rate 
information for this vehicle.
    The agency has evaluated Ford's MY 2012 petition to modify the 
exemption for the Fusion vehicle line from the parts-marking 
requirements of 49 CFR part 541, and has decided to grant it. 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 Ford 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.

    Issued on: June 6, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-14216 Filed 6-11-12; 8:45 am]
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