[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Notices]
[Pages 67213-67215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26809]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Porsche Cars North America, Inc.

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 Porsche Cars North America, 
Inc. (Porsche) petition for exemption of the Macan 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 49 CFR part 541, Federal Motor Vehicle Theft 
Prevention Standard.

DATES: The exemption granted by this notice is effective beginning with 
the 2014 model year (MY).

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 July 25, 2013, Porsche 
requested an exemption from the parts-marking requirements of 49 CFR 
part 541, Federal Motor Vehicle Theft Prevention Standard for the Macan 
vehicle line beginning with MY 2014. 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.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant an 
exemption for one vehicle line per model year. In its petition, Porsche 
provided a detailed description and diagram of the identity, design, 
and location of the components of the antitheft device for its new 
Porsche Macan vehicle line. Porsche stated that all Porsche Macan 
vehicles will be equipped with a passive antitheft device as standard 
equipment beginning with MY 2014. Key components of the antitheft 
device will include a microprocessor-based immobilizer system, 
electronic ignition switch, transponder key, remote control unit, 
alarm/central locking control unit, optional keyless entry system and 
electronic parking brake. The device will also be equipped with an 
audible and visible alarm. Additionally, Porsche stated that the 
central locking system works in conjunction with the audible and 
visible alarm. Locking the doors with the ignition key, the remote 
control or a door switch (with the keyless entry

[[Page 67214]]

option) will activate the audible and visible alarm. An ultrasonic 
sensor in the alarm system will monitor the doors, rear luggage 
compartment, front deck lid, fuel filler door, and interior movement. 
The horn will sound and the lights will flash if there is any detection 
of unauthorized use. Porsche'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.
    Porsche stated that the immobilizer system cannot be disabled 
unless an original key or optional keyless entry key sends the proper 
code to the immobilizer system instructing the engine management system 
via a code to begin functioning again. The immobilizer is automatically 
activated when the key is removed from the ignition switch assembly, 
or, with the optional keyless entry, the immobilizer is automatically 
activated after the engine is turned off from the dashboard control 
switch. The immobilizer then returns to its normal ``off'' state, where 
engine starting and transmission starting are not allowed. Starting the 
engine and operation of the vehicle will be allowed only when the 
correct code is sent to the control unit by using the correct key in 
the ignition switch, or by having the correct keyless entry key within 
the occupant compartment of the car. The ignition key contains a radio 
signal transponder, which signals the control unit to allow the engine 
to be started. With the keyless entry system, operation of the vehicle 
is allowed when the ignition key is substituted with the special key 
that contains a radio signal transmitter similar to the transponder in 
the standard ignition key.
    Porsche stated that its central locking system works in conjunction 
with its audible and visible alarm. Locking the doors with the ignition 
key, the remote control or a door switch (with the keyless entry 
option) will also activate the audible and visible alarm. Porsche also 
stated that the immobilizer cannot be disabled by manipulation of the 
door locks or central-locking system because the locks/locking system 
are incapable of sending the code needed to disable the device.
    As an additional feature, Porsche stated that it will also 
incorporate an electronically activated parking brake on the Macan 
vehicle which is electronically activated and integrated into the 
vehicle's antitheft device. Porsche stated that if the control unit 
does not receive the correct code from the ignition key or keyless 
entry key, the parking brake will remain activated and the vehicle 
cannot be towed away.
    Since the Porsche Macan is a new vehicle line, there is currently 
no available theft rate data published by the agency for the vehicle 
line. However, Porsche provided data on the effectiveness of other 
similar antitheft devices that have been installed on its 911 and 
Boxster/Cayman vehicle lines in support of its belief that its proposed 
device will be at least as effective as those comparable devices 
previously granted exemptions by the agency. Porsche's data showed that 
the theft rate for the 911 and Boxster/Cayman vehicle lines remained 
consistently low over a three-year period. Using an average of 3 MYs' 
theft data (2008-2010), the theft rates for the Porsche 911 and 
Boxster/Cayman vehicle lines are 0.4771 and 0.2283 respectively. 
Porsche also stated that the off-board antitheft concept introduced on 
its MY 2010 Panamera vehicle line will continue to be utilized on its 
Macan vehicles. Therefore, Porsche believes that the demand for Porsche 
vehicle components will be further reduced. The theft rate for the MY 
2010 Panamera vehicle line is 1.2656. Based on the experience of these 
vehicle lines, Porsche has concluded that the antitheft device proposed 
for its Porsche Macan vehicle line is no less effective than those 
devices in lines for which NHTSA has already granted full exemption 
from the parts-marking requirements. The agency agrees that the device 
is substantially similar to devices in these and other vehicle lines 
for which the agency has already granted exemptions.
    In addressing the specific content requirements of 543.6, Porsche 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, Porsche 
conducted tests based on its own specified standards. Porsche provided 
a detailed list of the tests conducted (i.e., extreme temperature 
tests, voltage spike tests, reverse polarity tests, electromagnetic 
interference tests, vibration test and endurance tests) and believes 
that the device is reliable and durable since the device complied with 
its specific requirements for each test. Additionally, Porsche stated 
that the antitheft device also features a built-in self-diagnostic that 
constantly checks for system failures. If a failure is detected, an 
alarm indicator will signal the driver.
    Porsche further states that disablement of the immobilizer is 
virtually impossible. Disconnecting power to the antitheft device does 
not affect the operation of the device. Once the antitheft device is 
activated, the device stays activated until the correct key or optional 
keyless entry key is used to instruct the engine management system 
through the proper code to begin functioning again.
    In further support of the reliability of its antitheft device, 
Porsche informed the agency that it will continue to use the ``off-
board'' antitheft strategy that reduces the marketability of stolen 
electronic components and making the theft of vehicles unattractive. 
Specifically, Porsche stated that during the production of its vehicle, 
the initialization and registration of various antitheft electronic 
components are recorded in a central database. If the components have 
to be repaired or replaced, authorized access to the database must be 
obtained to receive authorization for the components. If authorized 
access to the central database is unavailable or the database indicates 
that the components are not authorized, further operation and use of 
the vehicle will be restricted or impossible to obtain.
    Based on the evidence submitted by Porsche, the agency believes 
that the antitheft device for the Macan vehicle line is likely to be as 
effective in reducing and deterring motor vehicle theft as compliance 
with the parts-marking requirements of the Federal Motor Vehicle Theft 
Prevention Standard.
    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 Porsche has provided adequate reasons for its belief that 
the antitheft device for the Porsche Macan vehicle line is likely to be 
as effective in reducing and deterring motor vehicle theft as 
compliance with the parts-marking requirements of the Federal Motor 
Vehicle Theft Prevention Standard. This conclusion is based on the 
information Porsche provided about its device.
    The agency concludes that the device will provide the five types of 
performance listed in Sec.  543.6(a)(3): Promoting activation; 
attracting attention to the efforts of unauthorized persons to enter or 
operate 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.

[[Page 67215]]

    For the foregoing reasons, the agency hereby grants in full 
Porsche's petition for exemption for the Porsche Macan vehicle line 
from the parts-marking requirements of Part 541. The agency notes that 
49 CFR Part 541, Appendix A-1, identifies those lines that are exempted 
from the Federal Motor Vehicle 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 Federal Motor Vehicle Theft Prevention 
Standard.
    The agency notes that Porsche was significantly delayed in 
submitting its petition for exemption for its MY 2014 Macan vehicle 
line. As specified under paragraph (4) of Sec.  543.5(b), a petition 
for an exemption must be submitted at least 8 months before the 
commencement of production for the first model year in which the 
petitioner wishes those lines to be exempted. Porsche is reminded of 
its statutory requirement for meeting this timeline when submitting 
future petitions for exemptions.
    If Porsche 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 Porsche 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.

Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2013-26809 Filed 11-7-13; 8:45 am]
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