[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Notices]
[Pages 16040-16042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05760]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention 
Standard; Jaguar Land Rover North America Llc

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 Jaguar Land Rover North 
America LLC's, (Jaguar) petition for an exemption of the F-Type 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) 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, W43-
443, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's 
phone number is (202) 366-4139. Her fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated November 16, 2012, 
Jaguar requested an exemption from the parts-marking requirements of 
the Theft Prevention Standard (49 CFR Part 541) for the MY 2014 Jaguar 
F-Type vehicle line. The petition requested an 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.
    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 antitheft device for the F-Type 
vehicle line. Jaguar stated that the F-Type vehicles will be equipped 
with a passive, transponder based, electronic engine immobilizer device 
as standard equipment beginning with the 2014 model year. Key 
components of its antitheft device will include a power train control 
module (PCM), instrument cluster, body control module (BCM), remote 
frequency receiver, Immobilizer Antenna Unit, Smart Key and door 
control units. Jaguar stated that its antitheft device will also 
include an audible and visual perimeter alarm system as standard 
equipment. Jaguar stated that the perimeter alarm can be armed with the 
Smart Key or programmed to be passively armed. The siren will sound and 
the vehicle's exterior lights will flash if unauthorized entry is 
attempted by opening the hood, doors or luggage compartment. Jaguar'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.
    The immobilizer device is automatically armed when the Smart Key is 
removed from the vehicle. Jaguar stated that the Smart key is 
programmed and synchronized to the vehicle through the means of an 
identification key code and a randomly generated secret code that are 
unique to each vehicle.
    Jaguar stated that there are three methods to its antitheft device 
operation. Method one consists of automatic detection of the Smart Key 
via a remote frequency challenge response sequence. Specifically, when 
the driver approaches the vehicle and pulls the driver's door handle 
following authentication of the correct Smart Key, the doors will 
unlock. When the ignition start button is pressed, a search to find and 
authenticate the Smart Key commences within the vehicle interior. If 
successful, this information is passed by a coded data transfer to the 
BCM via the Remote Function Actuator. The

[[Page 16041]]

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 PCM which initiates a coded data transfer authorizing the engine 
to start. Method two consists of unlocking the vehicle with the Smart 
Key unlock button. As the driver approaches the vehicle, the Smart Key 
unlock button is pressed and the doors will unlock. Once the driver 
presses the ignition start button, the operation process is the same as 
method one. Method three involves using the emergency key blade. 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 the Immobilizer Antenna 
Unit. The BCM then sends the key valid message to the PCM which 
initiates a coded data transfer. If successful, the engine will then be 
authorized to start the vehicle.
    In addressing the specific content requirements of 543.6, Jaguar 
provided information on the reliability and 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 which include encrypted data that are secure against 
copying. Jaguar also stated that the coded data transfer between the 
BCM and the PCM modules use a unique secure identifier, a random number 
and a secure public algorithm. Furthermore, Jaguar stated that since 
the F-Type vehicle line will utilize push button vehicle ignition, it 
does not have a conventional mechanical key barrel. Therefore, there 
will be no means of forcibly bypassing the key-locking system.
    Jaguar stated that the F-Type is a new vehicle line, therefore no 
theft data is available. Also, Jaguar stated that the immobilizer is 
substantially similar to the antitheft device installed on the Jaguar 
XK, Jaguar XJ, Land Rover LR2 and Land Rover Evoque. Jaguar stated that 
based on MY 2010 theft information published by NHTSA, the Jaguar Land 
Rover vehicles equipped with immobilizers had a combined theft rate of 
0.60 per thousand vehicles, which is below NHTSA's overall theft rate 
of 1.17 thefts per thousand. The theft rates for the Jaguar XK, XJ and 
Land Rover LR2 are 0.9099, 0.0000 and 0.0000, respectively. Theft rate 
data is not available for the Land Rover Evoque. Jaguar believes these 
low theft rates demonstrate the effectiveness of the immobilizer 
device. Additionally, Jaguar notes a Highway Loss Data Institute news 
release (July 19, 2000) showing approximately a 50% reduction in theft 
for vehicles installed with an immobilizer device.
    Based on the supporting evidence submitted by Jaguar on the device, 
the agency believes that the antitheft device for the F-Type 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 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.
    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 Jaguar has provided adequate reasons for its belief that the 
antitheft device for the Jaguar F-Type 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.
    For the foregoing reasons, the agency hereby grants in full 
Jaguar's petition for exemption for the Jaguar F-Type 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 Jaguar 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 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. Section 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, 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 Sec.  
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.


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    Issued on: March 7, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking .
[FR Doc. 2013-05760 Filed 3-12-13; 8:45 am]
BILLING CODE 4910-59-P