[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Notices]
[Pages 48741-48743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22659]


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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's, (FCA) petition for exemption of the Jeep Wrangler 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 Federal Motor Vehicle Theft Prevention Standard. 
(Theft Prevention Standard).

DATES: The exemption granted by this notice is effective beginning with 
2018 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 2, 2017, FCA 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for its Jeep Wrangler vehicle line beginning with 
MY 2018. 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 Jeep Wrangler vehicle line. FCA stated that its MY 2018 
Jeep Wrangler vehicle line will be installed with the Sentry Key 
Immobilizer System (SKIS) antitheft device as standard equipment on the 
entire vehicle line. The SKIS will provide passive vehicle protection 
by

[[Page 48742]]

preventing the engine from operating unless a valid electronically 
encoded key is inside the cabin of the vehicle and a valid key code is 
detected in the ignition system of the vehicle. Key components of the 
antitheft device will include an immobilizer, a Radio Frequency Hub 
Module (RFHM), Engine Control Module (ECM), Body Controller Module 
(BCM), a Transponder Key/Finger Operated Button (FOB) with Integrated 
Key (FOBIK) and an Instrument Panel Cluster (IPC) which contains the 
telltale function only. According to FCA, these components work 
collectively to perform the immobilizer function. FCA will 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. Specifically, FCA stated that its Wrangler 
vehicles will be equipped with a security indicator that acts as a 
diagnostic indicator. 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 its RFHM memory if a 
system malfunction 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 and 100 percent 
system functionality prior to being shipped from the supplier to the 
vehicle assembly plant for installation in the vehicles. FCA also 
stated that each transponder key has a unique identification code that 
is permanently programmed into it by the manufacturer and must be 
programmed into the RFHM. Once a transponder key has been programmed to 
a particular vehicle, it cannot be used on any other vehicle.
    FCA stated that the SKIS immobilizer feature is activated when the 
transponder key is removed from the ignition system (whether the doors 
are open or not) and the ignition system is in the ``OFF'' position. 
Specifically, once the SKIS is activated, only a valid transponder key 
that is recognized by the ignition system will disable it and allow the 
vehicle to start and continue to run. 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. 
The RFHM and the ECM both use software that includes a rolling code 
algorithm strategy which helps to reduce the possibility of 
unauthorized SKIS disarming. The microprocessor-based SKIS hardware and 
software also uses electronic messages to communicate with other 
electronic modules in the vehicle over the Controller Area Network 
(CAN) data bus.
    FCA further stated that the SKIS uses RF communication with an 
Advanced Encryption System (AES) to obtain confirmation that the 
transponder key is a valid FOBIK for operating the vehicle. The RFHM 
initiates the ignition process by communicating with the BCM. The RFHM 
contains an RF transceiver and a microprocessor. The RFHM is paired 
with a Keyless Go START/STOP push button (also known as the Keyless 
Ignition Node (``KIN'')). The RFHM receives Low Frequency (LF) and/or 
RF signals from the Sentry Key transponder through a tuned RF antenna. 
When the Keyless Go START/STOP button is pressed on the KIN, the RFHM 
transmits an LF signal to the transponder key. The RFHM then waits for 
a RF signal response from the transponder in the FOBIK. If the response 
received identifies the FOBIK as valid, the communication between the 
RFHM, the BCM, and the ECM proceeds, and the ECM allows the engine to 
start. If the ECM receives an invalid key message or receives no 
message from the RFHM over the CAN data bus, the engine will be 
disabled. FCA further stated that its antitheft immobilizer device 
prevents the engine from running for more than two seconds unless a 
valid transponder key is recognized by the ignition system. 
Additionally, FCA stated that only six consecutive invalid start 
attempts will be permitted and that all other attempts will be locked 
out by preventing the fuel injectors from firing and disabling the 
starter.
    FCA stated that it expects the Jeep Wrangler 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 MY 1999. According to FCA, the average theft rate for 
Jeep Grand Cherokee vehicles, based on NHTSA's theft rate data 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. This was 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, significantly lower than the 
median. The Jeep Grand Cherokee vehicle line was also 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 
rate 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. Theft rate data reported in the Federal 
Register notices published by the agency show that the theft rate for 
the Jeep Wrangler vehicle line, using an average of three MYs' data 
(2012-2014) is also 0.3980, which is significantly lower than the 
median theft rate established by the agency.
    Based on the evidence submitted by FCA, the agency believes that 
the antitheft device for the Jeep Wrangler 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 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 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

[[Page 48743]]

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 FCA's 
petition for exemption for its Jeep Wrangler vehicle line from the 
parts-marking requirements of 49 CFR part 541, beginning with its MY 
2018 Jeep Wrangler 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.
    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. 2017-22659 Filed 10-18-17; 8:45 am]
 BILLING CODE 4910-59-P