[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Notices]
[Pages 22061-22063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09514]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Vehicle Theft Prevention 
Standard; Jaguar Land Rover North America 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 Jaguar Land Rover North 
America LLC's, (Jaguar Land Rover) petition for an exemption of the F-
Pace vehicle line in accordance with 49 CFR part 543, Exemption from 
the 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).

DATES: The exemption granted by this notice is effective beginning with 
model year (MY) 2018.

FOR FURTHER INFORMATION CONTACT: Mr. Hisham Mohamed, Office of 
International Policy, Fuel Economy and

[[Page 22062]]

Consumer Programs, NHTSA, W43-437, 1200 New Jersey Avenue SE., 
Washington, DC 20590. Mr. Mohamed's phone number is (202) 366-0307. His 
fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated December 15, 2016, 
Jaguar Land Rover requested an exemption from the parts-marking 
requirements of the Theft Prevention Standard (49 CFR part 541) for the 
MY 2018 Jaguar F-Pace 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 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, Jaguar 
Land Rover provided a detailed description and diagram of the identity, 
design, and location of the components of the antitheft device for the 
F-Pace vehicle line. Jaguar Land Rover stated that its F-Pace vehicles 
will be equipped with a passive, transponder-based, electronic engine 
immobilizer device as standard equipment beginning with the 2018 model 
year. Key components of its antitheft device will include a power train 
control module (PCM), instrument cluster, body control module (BCM), 
remote frequency receiver (RFR), Immobilizer Antenna Unit (IAU), Remote 
Frequency Actuator (RFA), Perimeter Alarm System, Smart Key and door 
control units (DCU/s). Jaguar Land Rover stated that its antitheft 
device will also include an audible and visual perimeter alarm system 
as standard equipment. Jaguar Land Rover stated that the perimeter 
alarm can be armed with the Smart Key or programmed to be passively 
armed. The siren will sound and the vehicle's exterior lights will 
flash if unauthorized entry is attempted by opening the hood, doors or 
luggage compartment. Jaguar Land Rover'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.
    The immobilizer device is automatically armed when the Smart Key is 
removed from the vehicle. Jaguar Land Rover stated that the Smart key 
is programmed and synchronized to the vehicle through the means of an 
identification key code and a randomly generated secret code that are 
unique to each vehicle.
    Jaguar Land Rover stated that there are three methods of antitheft 
device operation. Method one consists of automatic detection of the 
Smart Key via a remote frequency challenge response sequence. 
Specifically, when the driver approaches the vehicle and pulls the 
driver's door handle following authentication of the correct Smart Key, 
the doors will unlock. When the ignition start button is pressed, a 
search to find and authenticate the Smart Key commences within the 
vehicle interior. If successful, this information is passed by coded 
data transfer to the BCM via the Remote Function Actuator. The BCM in 
turn, will pass the ``valid key'' status to the instrument cluster, via 
a coded data transfer. The BCM will then send the key valid message 
code to the PCM initiating a coded data transfer and authorize the 
engine to start. Method two consists of unlocking the vehicle with the 
Smart Key unlock button. As the driver approaches the vehicle, the 
Smart Key unlock button is pressed and the doors will unlock. Once the 
driver presses the ignition start button, the operation process is the 
same as method one. Method three involves using the emergency key 
blade. If the Smart Key has a discharged battery or is damaged, there 
is an emergency key blade that can be removed from the Smart Key and 
used to unlock the doors. On pressing the ignition start button, a 
search is commenced in order to find and authenticate the Smart Key 
within the vehicle interior. If successful, the Smart Key needs to be 
docked. Once the Smart Key is placed in the correct position, and the 
ignition start button is pressed again, the BCM and Smart key enter a 
coded data exchange via the Immobilizer Antenna Unit. The BCM in turn, 
passes the valid key status to the instrument cluster, via the 
Immobilizer Antenna Unit. The BCM then sends the key valid message to 
the PCM which initiates a coded data transfer. If successful, the 
engine is authorized to start.
    In addressing the specific content requirements of 543.6, Jaguar 
Land Rover provided information on the reliability and durability of 
its proposed device. To ensure reliability and durability of the 
device, Jaguar Land Rover conducted tests based on its own specified 
standards. Jaguar Land Rover provided a detailed list of the tests 
conducted (i.e., temperature and humidity cycling, high and low 
temperature cycling, mechanical shock, random vibration, thermal 
stress/shock tests, material resistance tests, dry heat, dust and fluid 
ingress tests). Jaguar Land Rover stated that it believes that its 
device is reliable and durable because it complied with specified 
requirements for each test. Additionally, Jaguar Land Rover stated that 
the key recognition sequence includes in excess of a billion code 
combinations which include encrypted data that are secure against 
copying. Jaguar Land Rover also stated that the coded data transfer 
between the BCM and the PCM modules use a unique secure identifier, a 
random number and a secure public algorithm. Furthermore, Jaguar Land 
Rover stated that since the F-Pace vehicle line will utilize push 
button vehicle ignition, it does not have a conventional mechanical key 
barrel. Therefore, there will be no means of forcibly bypassing the 
key-locking system.
    Jaguar Land Rover also stated that no theft data is available for 
the F-Pace because it is a new vehicle line. Jaguar Land Rover further 
stated that its immobilizer is substantially similar to the antitheft 
device installed on the Jaguar XK, Jaguar F-Type, Jaguar XJ, Land Rover 
Discovery Sport and Land Rover Range Rover Evoque. Jaguar Land Rover 
stated that based on MY 2014 theft information published by NHTSA, the 
Jaguar Land Rover vehicles equipped with immobilizers had a combined 
theft rate of 0.31 per thousand vehicles, which is below NHTSA's 
overall theft rate of 1.15 thefts per thousand. The agency notes the 
average theft rate for the XK, XJ and Land Rover LR2 vehicle lines 
using an average of three model years' data (2012--preliminary 2014) 
are 0.5039, 0.6811 and 0.1141, respectively and the theft rate for the 
Jaguar F-type is 0.7416 (preliminary 2014). Jaguar Land Rover believes 
these low theft rates demonstrate the effectiveness of the immobilizer 
device.
    Based on the supporting evidence submitted by Jaguar Land Rover on 
the device, the agency believes that the antitheft device for the F-
Pace 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.
    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7 (b), the agency grants 
a petition for exemption from the parts-

[[Page 22063]]

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 Jaguar Land Rover has 
provided adequate reasons for its belief that the antitheft device for 
the Jaguar Land Rover F-Pace 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 Jaguar Land 
Rover provided about its device.
    For the foregoing reasons, the agency hereby grants in full Jaguar 
Land Rover's petition for exemption for the F-Pace 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 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 Jaguar Land Rover 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 Jaguar Land Rover 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.

    Issued in Washington, DC under authority delegated in 49 CFR 
part 1.95.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-09514 Filed 5-10-17; 8:45 am]
BILLING CODE 4910-59-P