[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Notices]
[Pages 70276-70277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27886]


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 DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


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

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 Ford Motor Company's (Ford) 
petition for an exemption of the MKX 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 (Theft Prevention 
Standard). Ford also requested confidential treatment for specific 
information in its petition. The agency will address Ford's request for 
confidential treatment by separate letter.

DATES: The exemption granted by this notice is effective beginning with 
the 2016 model year (MY).

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 August 18, 2014, Ford 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for the Lincoln MKX vehicle line beginning with MY 
2016. 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 the entire vehicle line.
    Under 49 CFR 543.5(a), a manufacturer may petition NHTSA to grant 
an exemption for one vehicle line per model year. In its petition, Ford 
provided a detailed description and diagram of the identity, design, 
and location of the components of the antitheft device for the Lincoln 
MKX vehicle line. Ford stated that the Model Year (MY) 2016 Lincoln MKX 
will be installed with its Intelligent Access with Push button Start 
(IAwPB) passive, electronic immobilizer device using encrypted 
transponder technology as standard equipment on the entire vehicle 
line. Key components of the IAwPB device will include an electronic key 
fob, remote function actuator (RFA), body control module (BCM), 
powertrain control module (PCM) and a passive immobilizer. Ford further 
stated that its Lincoln MKX vehicle line will be offered with a 
perimeter alarm system as standard equipment. The perimeter alarm 
system activates a visible and audible alarm if unauthorized access is 
attempted. Ford'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.
    Ford stated that the device's integration of the transponder into 
the normal operation of the ignition key assures activation of the 
system. Ford stated that the start sequence is initiated when the 
`StartStop' button is pressed. Specifically, the transceiver module 
sends a signal to the keyfob through the RF antenna. The keyfob 
responds with a High Frequency (UHF) over the air signal that includes 
the keycode, back to the transceiver module. Once the key is validated, 
starting of the engine is authorized by sending a separate encrypted 
message to the BCM/RFA and then the powertrain control module PCM. Ford 
stated that the powertrain will function only if the keycode matches 
the unique identification keycode previously programmed into the BCM/
RFA. If the codes do not match, the vehicle will be inoperable. Ford 
stated that an electronic key will be programmed into the vehicle 
during system initialization performed at the manufacturing plant. Ford 
further stated that if the programmed key is not present in the 
vehicle, the engine will not start. Ford also pointed out that in 
addition to the programmed key, there are two modules that must be 
matched together in order to start the vehicle, adding an additional 
level of security to both systems. Ford stated that the BCM and the PCM 
share security data that, during vehicle assembly, form matched modules 
that must be together in order to start the vehicle. Ford further 
stated that no owner/operator actions are required to deactivate the 
device because it functions automatically each time an engine start 
sequence occurs.
    In addressing the specific content requirements of 543.6, Ford 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, Ford 
conducted tests based on its own specified standards. Ford provided a 
detailed list of the tests conducted and believes that the device is 
reliable and durable since the device complied with its own specified 
requirements for each test.
    Ford stated that it's MY 2016 Lincoln MKX vehicle line will also be 
equipped with several other standard antitheft features common to Ford 
vehicles, (i.e., hood release located inside the vehicle, counterfeit 
resistant VIN labels and secondary VINs, cabin accessibility only with 
the use of a valid key fob).
    Ford compared the device proposed for its vehicle line with other 
devices which NHTSA has determined to be as effective in reducing and 
deterring motor vehicle theft as would compliance with the parts-
marking requirements. Ford stated that it believes that the standard 
installation of the IAwPB device would be an effective deterrent 
against vehicle theft.
    Ford stated that its antitheft device was installed on all MY 1996 
Ford Mustang GT and Cobra models and other selected models. Ford stated 
that in the 1997 model, its antitheft device was extended to the 
complete Ford Mustang vehicle line as standard equipment. Ford also 
stated that according to the National Insurance Crime Bureau (NICB) 
theft statistics, MY 1997 Mustangs installed with the SecuriLock device 
showed a 70% reduction in theft rate compared to the MY 1995 Mustangs.
    Ford stated that starting with MY 2013, the IAwPB was offered as 
standard equipment on the Lincoln MKZ. Ford also reported that 
beginning with MY 2010, the its antitheft device was installed as 
standard equipment on all of its North American Ford, Lincoln and 
Mercury vehicles but was offered as optional equipment on its 2010 F-
series Super Duty pickups, Econoline and Transit Connect vehicles. Ford 
further stated that beginning with MY 2010, the IAwPB was standard 
equipment on the Lincoln MKT vehicles; starting with MY 2011, the 
device was offered as standard equipment on the Lincoln MKX and 
optionally on the Lincoln MKS, Taurus, Edge, Explorer and the Focus 
vehicles and beginning with MY 2013, the device was offered as optional 
equipment on the Ford Fusion, C-Max and Escape vehicles.

[[Page 70277]]

    Ford stated that the proposed antitheft device is a newer 
generation of the system that was offered in MY 2014 Ford Edge vehicle 
line. The Ford Edge vehicle line was granted a parts-marking exemption 
on January 18, 2013 by NHTSA (See 78 FR 4192) beginning with its MY 
2014 vehicles. The agency notes that current theft rate data for MYs 
2010 through preliminary 2012 are 0.8783, 0.7824 and 0.7371 
respectively for the Ford Edge vehicle line.
    The agency agrees that the device is substantially similar to 
devices installed on other vehicle lines for which the agency has 
already granted exemptions.
    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 Ford has provided adequate reasons for its belief that the 
antitheft device for the Lincoln MKX 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 Ford 
provided about its device.
    Based on the supporting evidence submitted by Ford on the device, 
the agency believes that the antitheft device for the Lincoln MKX 
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; 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.
    For the foregoing reasons, the agency hereby grants in full Ford's 
petition for exemption for the Lincoln MKX 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 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 Ford 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 Ford 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. Sec.  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 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.

    Under authority delegated in 49 CFR 1.95.
R. Ryan Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2014-27886 Filed 11-24-14; 8:45 am]
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