[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Pages 75188-75190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26072]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Fiat Chrysler Automobiles US 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 Fiat Chrysler Automobiles US 
LLC, (FCA) petition for exemption of the ``MP'' MPV 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). FCA also requested confidential treatment for specific 
information in its petition. While official notification granting or 
denying its request for confidential treatment will be addressed by 
separate letter, no confidential information provided for purposes of 
this notice has been disclosed.

DATES: The exemption granted by this notice is effective beginning with 
2017 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, 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 June 1, 2016, FCA 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for its ``MP'' MPV line beginning with MY 2017. 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, FCA provided a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device for its ``MP'' MPV line. FCA stated that its MY 2017 ``MP'' MPV 
line will be installed with the Sentry Key Immobilizer System (SKIS)/
MiniCrypt antitheft device as standard equipment on the entire 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. Key components of the 
antitheft device will include an immobilizer, Radio Frequency Hub 
Module (RFHM), Engine Control Module (ECM), Body Controller

[[Page 75189]]

Module (BCM), the transponder key which performs the immobilizer 
function and an Instrument Panel Cluster (IPC) which contains the 
telltale function only. According to FCA, all of these components work 
collectively to perform the immobilizer function. FCA 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.
    FCA'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.
    In addressing the specific content requirements of 49 CFR part 
543.6, FCA provided information on the reliability and durability of 
the device. FCA 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, FCA 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, FCA 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.
    FCA stated that the SKIS will be placed on its keyless entry and 
keyed vehicles. According to FCA, 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). 
FCA 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 uses electronic messages to communicate 
with other electronic modules in the vehicle.
    FCA also stated that, in its keyed vehicles, the SKIS uses RF 
communication to obtain confirmation that the transponder key is a 
valid key to operate the vehicle. The RFHM receives Low Frequency (LF) 
and/or RF signals from the Sentry Key transponder. For its 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 that the transponder 
key is invalid or if no response is received from the transponder key, 
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. FCA 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. FCA 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, FCA stated that the engine is permitted to run for no more 
than two seconds if an invalid transponder key is used. Additionally, 
FCA 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 the starter will be 
disabled.
    FCA stated that its vehicles are also equipped with a security 
indicator that acts as a diagnostic indicator. FCA stated that if the 
RFHM detects an invalid transponder key or if a transponder key related 
fault occurs, the security indicator will flash. If the RFHM detects a 
system malfunction or the SKIS becomes ineffective, the security 
indicator will stay on. The SKIS also performs a self-test each time 
the ignition system is 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. FCA 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.
    FCA 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. FCA stated that once 
a Sentry Key has been programmed to a particular vehicle, it cannot be 
used on any other vehicle.
    FCA further stated that it expects the `MP' MPV vehicle line to 
mirror the lower theft rate results achieved by the Jeep Grand Cherokee 
vehicle line when ignition immobilizer systems were installed as 
standard equipment on the line. FCA stated that it has offered the SKIS 
immobilizer device as standard equipment on all Jeep Grand Cherokee 
vehicles since the 1999 model year. According to FCA, the average theft 
rate, based on NHTSA's theft rate data, for Jeep Grand Cherokee 
vehicles for the four model years prior to 1999 (1995-1998), when a 
vehicle immobilizer device was not installed as standard equipment, was 
5.3574 per one thousand vehicles produced and significantly higher than 
the 1990/1991 median theft rate of 3.5826. However, FCA also indicated 
that the average theft rate for the Jeep Grand Cherokee for the nine 
model years (1999-2009, excluding MY 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). FCA further exerts that NHTSA's theft 
data for the Jeep Grand Cherokee indicates that the inclusion of a 
standard immobilizer device resulted in a 52 percent net average 
reduction in vehicle thefts.
    Based on the evidence submitted by FCA, the agency believes that 
the antitheft device for the `MP' MPV 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 
41). 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.
    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

[[Page 75190]]

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 FCA 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 FCA provided about its device.
    For the foregoing reasons, the agency hereby grants in full CFCA's 
petition for exemption for its `MP' MPV line from the parts-marking 
requirements of 49 CFR part 541, beginning with its `MP' MPV 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. FCA 
stated that an official nameplate for the vehicle has not yet been 
determined. However, as a condition to the formal granting of FCA's 
petition for exemption from the parts-marking requirements of 49 CFR 
part 541 for the MY 2017 `MP' MPV line, the agency fully expects FCA to 
notify the agency of the nameplate for the vehicle line prior to its 
introduction into the United States commerce for sale.
    If FCA 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 FCA 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.

    Issued in Washington, DC under authority delegated in 49 CFR 
part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2016-26072 Filed 10-27-16; 8:45 am]
 BILLING CODE 4910-59-P