[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Notices]
[Pages 3733-3735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01117]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


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

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

[[Page 3734]]


ACTION: Grant of petition for exemption.

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SUMMARY: This document grants in full the American Honda Motor Co., 
Inc.'s (Honda) petition for an exemption of the Honda CR-V 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 49 CFR part 541, Federal Motor Vehicle Theft Prevention 
Standard (Theft Prevention Standard).

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

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, West 
Building, W43-439, 1200 New Jersey Avenue SE., Washington, DC 20590. 
Ms. Ballard's phone number is (202) 366-5222. Her fax number is (202) 
493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated November 3, 2014, Honda 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for the CR-V vehicle line beginning with MY 2016. 
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 543.5(a), a manufacturer may petition NHTSA to grant 
an exemption for one vehicle line per model year. In its petition, 
Honda provided a detailed description and diagram of the identity, 
design, and location of the components of the antitheft device for the 
CR-V vehicle line. Honda stated that its CR-V vehicle line will include 
a 2WD and a 4WD variation. Honda stated that its MY 2016 vehicle line 
will be installed with a passive, transponder-based, electronic-engine 
immobilizer antitheft device as standard equipment. Key components of 
the antitheft device will include a passive immobilizer, transponder 
ignition key, ``smart entry'' remote, Powertrain Control Module (PCM) 
and an Immobilizer Entry System (IMOES). Honda also stated that it will 
offer two types of ignition systems on its CR-V vehicle line. 
Specifically, Honda stated that the CR-V vehicle line will be offered 
with a ``keyed ignition'' system or a ``smart entry with push button 
start'' ignition system (``smart entry''). The ``keyed ignition'' 
system will be installed on its 2WD LX and 4WD LX models and the 
``smart entry'' system will be installed on its 2WD EX/EXL/Touring 
models, and its 4WD EX/EXL/Touring models.
    Honda'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.
    Honda stated that activation of its ``keyed ignition'' system 
occurs when the engine is switched to the ``OFF'' position. Honda 
further stated that its immobilization device is always active until 
the vehicle is started using a matching ignition key and will be 
activated again each time the engine is switched off. Deactivation of 
the immobilizer device occurs when a valid key and matching 
immobilization code is verified, allowing the engine to start and 
continue normal operations. Specifically, the immobilization system 
automatically checks for a matching code each time starting of the 
vehicle is attempted. A matching code must be validated by both the PCM 
and IMOES in order for the engine to start. Honda stated that if an 
incorrect key is used to try and start the vehicle, the PCM will 
prevent fueling of the engine but allow the vehicle to start and run a 
few seconds before it automatically switches off and the immobilizer 
telltale indicator begins to flash.
    According to Honda, the ``smart entry'' system operates identically 
to its ``keyed ignition'' system except that ignition for its ``smart 
entry'' system vehicle is started by pushing the Engine Start/Stop 
button located to the right of the steering wheel on the vehicle 
dashboard. Honda stated that activation of its ``smart entry'' system 
occurs when the Start/Stop button is switched to the ``OFF'' position. 
Honda stated that the ``smart entry'' system operates once the remote 
is within operating range, the start/stop button is pushed and matching 
codes are verified by both the PCM and the IMOES, allowing the engine 
to start. Deactivation of the device occurs when a ``smart entry'' 
remote with matching codes is placed within the operating range and 
verified, allowing the engine to continue normal operations. Honda 
further states that if a ``smart entry'' remote without a matching code 
is placed inside the operating range and the Engine Start/Stop button 
is pushed, the PCM will prevent fueling and starting of the engine.
    In order to attract attention to an unauthorized person attempting 
to enter its vehicles without the use of a transponder ignition key or 
a ``smart entry'' remote, Honda stated that it will install a vehicle 
security system as standard equipment on all CR-V vehicles to monitor 
attempts of unauthorized entry. Specifically, Honda stated that 
whenever an attempt is made to open one of its vehicle doors, hood or 
trunk without turning a key in the key cylinder, or using the key fob 
to disarm the vehicle, the vehicle's horn will sound and its lights 
will flash. The vehicle security system is activated when all of the 
doors are locked and the hood and trunk are closed and locked. Honda's 
vehicle security system is deactivated by using the key fob to unlock 
the vehicle doors or by unlocking the driver's door with the physical 
ignition key. Honda stated that deactivation of the vehicle's security 
system feature in its ``smart entry'' vehicles occurs when the ``smart 
entry'' remote is within operating range and the operator grabs either 
of the vehicle's front door handles.
    Honda also stated that its CR-V vehicle line will be installed with 
other features that have been designed to prevent unauthorized entry of 
its vehicles without the use of a key (i.e., specially-styled ignition 
key and key cylinders). Honda stated that its key cylinders will be 
designed to be resistant to tampering and its key fob remote will 
utilize rolling codes for the lock and unlock functions of its 
vehicles. Honda will also equip its vehicle line with a hood release, 
counterfeit resistant VIN plates and secondary VINs as standard 
equipment. Honda further stated that as an additional security measure, 
key duplication will be strictly controlled by its authorized dealers.
    In addressing the specific content requirements of Sec.  543.6, 
Honda provided information on the reliability and durability of its 
proposed device. To ensure reliability and durability of the device, 
Honda conducted tests based on its own specified standards. Honda 
provided a detailed list of the tests it used to validate the 
integrity, durability and reliability of the device and believes that 
it follows a rigorous development process to ensure that its antitheft 
device will be reliable and robust for the life of the vehicle and does 
not require the presence of a key fob battery to function. 
Additionally, Honda stated that its antitheft device has no moving 
parts (i.e., the PCM, IMOES, ignition key, smart entry remote and the 
electrical components are found within its own housing units) which 
reduces the chance for deterioration or wear resulting from normal use.

[[Page 3735]]

    In support of its belief that its antitheft device will be as or 
more effective in reducing and deterring vehicle theft than the parts-
marking requirement, Honda referenced data showing several instances of 
the effectiveness of its proposed immobilizer device. Honda first 
installed an immobilizer device as standard equipment on its MY 2002 
CR-V vehicles and referenced NHTSA's theft rate data showing a decrease 
in thefts since the installation of its immobilizer device. NHTSA's 
theft rates for MYs 2010, 2011, and 2012 are 0.3195, 0.2742 and 0.2953 
respectively. Using an average of 3 MYs theft data (2010-2012), the 
theft rate for the CR-V vehicle line is well below the median at 
0.2963.
    Honda also referenced a September 2005 Highway Loss Data Institute 
report showing an overall reduction in theft rates for the Honda CR-V 
vehicles after introduction of the immobilizer device. Honda stated 
that the data show that there was an immediate decrease in MY/calendar 
year 2002 thefts with its immobilizer-installed vehicles but also 
showed sustained lower theft rates in following years.
    Based on the evidence submitted by Honda on its antitheft device, 
the agency believes that the antitheft device for the CR-V 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.
    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 Honda has provided adequate reasons for its belief that the 
antitheft device for the Honda CR-V 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. 
This conclusion is based on the information Honda provided about its 
device.
    Based on the supporting evidence submitted by Honda on its device, 
the agency believes that the antitheft device for the CR-V 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 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.
    For the foregoing reasons, the agency hereby grants in full Honda's 
petition for exemption for the CR-V vehicle line from the parts-marking 
requirements of 49 CFR part 541, beginning with the 2016 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.
    If Honda 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 parts 541.5 
and 541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if Honda 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 anti-theft 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.
    Under authority delegated in 49 CFR part 1.95.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-01117 Filed 1-22-15; 8:45 am]
BILLING CODE 4910-59-P