[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Notices]
[Pages 53500-53501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21130]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Chrysler

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 Chrysler LLC, (Chrysler) 
petition for exemption of the Chrysler [confidential] vehicle line in 
accordance with 49 CFR Part 543, Exemption from Vehicle 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, Federal 
Motor Vehicle Theft Prevention Standard. Chrysler requested 
confidential treatment for specific information in its petition. The 
agency will address Chrysler's request for confidential treatment by 
separate letter.

DATES: The exemption granted by this notice is effective beginning with 
the [confidential] Model Year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, 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 June 3, 2013, Chrysler 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard (49 CFR Part 541) for a confidential vehicle year 
and 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 the entire vehicle line.
    Under 49 CFR Part 543.5(a), a manufacturer may petition NHTSA to 
grant an exemption for one vehicle line per model year. In its 
petition, Chrysler provided a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device for the [confidential] vehicle line. Chrysler will install the 
Sentry Key Immobilizer System (SKIS)/``MiniCrypt'' antitheft device as 
standard equipment on the vehicle line. The SKIS will provide passive 
vehicle protection by preventing the engine from operating unless a 
valid electronically encoded key is detected in the ignition system of 
the vehicle. The major components of the SKIS device consist of the 
Radio Frequency Hub Module (RFHM), Ignition Node Module (IGNM), Engine 
Control Module, Body Controller Module (BCM), the transponder key which 
performs the immobilizer function and an Instrument Panel Cluster which 
contains the telltale function only. According to Chrysler, all of 
these components work collectively to perform the immobilizer function. 
Chrysler stated that the SKIS does not provide an audible alert; 
however, the vehicle will be equipped with a security indicator in the 
instrument panel cluster that will flash if an invalid transponder key 
is detected. Chrysler's submission is considered a complete petition as 
required by 49 CFR 543.7 in that it meets the general requirements 
contained in 543.5 and the specific content requirements of 543.6.
    Chrysler stated that the SKIS will be placed on both its keyless 
entry vehicles and keyed vehicles. According to Chrysler, in its keyed 
vehicles, the SKIS immobilizer feature is activated when the key is 
removed from the ignition system (whether the doors are open or not). 
Specifically, the RFHM is paired with the IGNM that contains either a 
rotary ignition switch (keyed vehicles) or a START/STOP push button 
(keyless vehicles). Chrysler stated that the functions and features of 
the SKIS are all integral to the BCM in this vehicle. The RFHM contains 
a Radio Frequency (RF) transceiver and a microprocessor and it 
initiates the ignition process by communicating with the BCM through 
SKIS. The microprocessor-based SKIS hardware and software also use 
electronic messages to communicate with other electronic modules in the 
vehicle.
    Chrysler stated that, in its keyed vehicles, the SKIS uses RF 
communication to obtain confirmation that the key is a valid 
transponder key to operate the vehicle. The RFHM receives Low Frequency 
(LF) and/or RF signals from the Sentry Key transponder which is 
integral to the fob with integrated key. For the keyed vehicles, the 
IGNM transmits an LF signal to excite the transponder in the key when 
the ignition switch is turned to the ON position. The IGNM waits for a 
signal response from the transponder and transmits the response to the 
RFHM. If the response identifies the transponder key as invalid or if 
no response is received from the transponder key, Chrysler stated that 
the RFHM will send an invalid key message to the Engine Control Module, 
which will disable engine operation and immobilize the vehicle after 
two seconds of running. Only a valid key inserted into the ignition 
system will allow the vehicle to start and continue to run.
    Chrysler stated that, in its keyless vehicles, the RFHM is 
connected to a Keyless Ignition Node (KIN) with a START/STOP push 
button as an ignition switch. Chrysler stated that when the keyless 
START/STOP button is pressed, the RFHM transmits a signal to the 
transponder key through LF antennas to the RFHM. The RFHM then waits 
for a signal from the key fob transponder. If the response from the 
transponder identifies the transponder key as invalid or the 
transponder key is not within the car's interior, the engine will be 
disabled and the vehicle will be immobilized after two seconds of 
running.
    To avoid any perceived delay when starting the vehicle with a valid 
transponder key and also to prevent unburned fuel from entering the 
exhaust, Chrysler stated that the engine is permitted to run for no 
more than two seconds if an invalid transponder key is used. 
Additionally, Chrysler stated that only six consecutive invalid vehicle 
start attempts will be permitted and that all other attempts will be 
locked out by preventing the fuel injectors from firing and disabling 
the starter.
    In addressing the specific content requirements of 49 CFR Part 
543.6, Chrysler provided information on the reliability and durability 
of the device. Chrysler conducted tests based on its own specified 
standards, i.e., voltage range and temperature range, and stated its 
belief that the device meets the stringent performance standards 
prescribed. Specifically, Chrysler stated that its device must 
demonstrate a minimum of 95 percent reliability with 90 percent 
confidence. In addition to the design and validation test criteria, 
Chrysler stated that 100% of its systems undergo a series of three 
functional tests prior to being shipped from the supplier to the 
vehicle assembly plant for installation in the vehicles.
    Chrysler stated that its vehicles are also equipped with a security 
indicator that also acts as a diagnostic indicator. Specifically, 
Chrysler stated that if the RFHM detects an invalid transponder key or 
if a transponder key related fault occurs, the security indicator would 
flash. If the RFHM detects a system malfunction or the SKIS becomes 
ineffective, the security indicator would stay on. The SKIS also 
performs a self-test each time the ignition system is

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turned to the RUN position and will store fault information in the form 
of a diagnostic trouble code in RFHM memory if a system malfunction is 
detected. Chrysler also stated that the vehicle is equipped with a 
Customer Learn transponder programming feature that when in use will 
cause the security indicator to flash.
    Chrysler further stated that each ignition key used in the SKIS has 
an integral transponder chip included on the circuit board. Each 
transponder key has a unique transponder identification code that is 
permanently programmed into it by the manufacturer and must be 
programmed into the RFHM to be recognized by the SKIS as a valid key. 
Chrysler stated that once a Sentry Key has been programmed to a 
particular vehicle, it cannot be used on any other vehicle.
    Chrysler stated that it expects the [confidential] vehicle line to 
mirror the lower theft rate results achieved by the Jeep Grand Cherokee 
vehicle line when ignition immobilizer systems were included as 
standard equipment on the line. Chrysler stated that it has offered the 
SKIS immobilizer system as standard equipment on all Jeep Grand 
Cherokee vehicles since the 1999 model year. Chrysler indicated that 
the average theft rate, based on NHTSA's theft data, for the Jeep Grand 
Cherokee vehicles for the four model years prior to 1999 (1995-1998), 
when a vehicle immobilizer system was not installed as standard 
equipment, was 5.3574 per one thousand vehicles produced, significantly 
higher than the 1990/1991 median theft rate of 3.5826. However, 
Chrysler also indicated that the average theft rate for the Jeep Grand 
Cherokee for the nine model years (1999-2009, no data available for 
2007 and 2009) after installation of the standard immobilizer device 
was 2.5704, which is significantly lower than the median. The Jeep 
Grand Cherokee vehicle line was granted an exemption from the parts-
marking requirements beginning with MY 2004 (67 FR 79687, December 30, 
2002). Chrysler further asserts that NHTSA's theft data for the Jeep 
Grand Cherokee indicates that the inclusion of a standard immobilizer 
system resulted in a 52 percent net average reduction in vehicle 
thefts.
    Pursuant to 49 U.S.C. 33106 and 49 CFR Part 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 Chrysler has provided adequate reasons for its belief that 
the antitheft device for the 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 Chrysler 
provided about its device.
    The agency concludes that the device will provide four of the five 
types of performance listed in 49 CFR Part 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 
Chrysler's petition for exemption for its [confidential] vehicle line 
from the parts-marking requirements of 49 CFR Part 541, beginning with 
its [confidential] model year vehicles. 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. Chrysler stated that an official nameplate for the 
vehicle has not yet been determined, but it will notify the agency as 
soon as that determination has been made.
    If Chrysler decides not to use the exemption for this vehicle line, 
it must formally notify the agency. If such a decision is made, the 
vehicle 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 Chrysler 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. 49 CFR 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, 49 CFR 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 49 CFR 
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: August 21, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2013-21130 Filed 8-28-13; 8:45 am]
BILLING CODE 4910-59-P