[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Notices]
[Pages 4399-4400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01687]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor 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 exemption of the Range 
Rover Velar vehicle line in accordance with 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 
2019 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 September 29, 2017, 
Jaguar Land Rover requested an exemption from the parts-marking 
requirements of the Theft Prevention Standard (49 CFR part 541) for the 
MY 2019 Range Rover Velar 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 
Velar vehicle line. Jaguar Land Rover stated that its Range Rover Velar 
vehicle line will be equipped with a passive, transponder-based, 
electronic engine immobilizer device as standard equipment beginning 
with the 2019 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), Security Horn and 
Vehicle Horn, Smart Key, Door Zone Modules (Passenger and Driver) 
(DMZs) and a Security Warning LED. Jaguar Land Rover stated that its 
antitheft device will also include a vehicle security system that 
includes an audible and visual perimeter alarm system as standard 
equipment on the entire vehicle line. Jaguar Land Rover further stated 
that its perimeter alarm system can be armed with its Smart Key or 
programmed to be passively armed. The horn 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.
    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 its device is reliable 
and durable because it complied with specified requirements for each 
test. Additionally, Jaguar Land Rover stated that its key recognition 
sequence includes over a billion code combinations with encrypted data 
that are secure against duplication. Jaguar Land Rover further stated 
that the coded data transfer between modules use a unique secure 
identifier, and a secure public algorithm. Jaguar Land Rover also 
stated that since its Velar vehicle line will utilize a push button 
vehicle ignition, it does not have a conventional mechanical key 
barrel, and therefore, a thief will have no means of forcibly bypassing 
the key-locking system.
    Jaguar Land Rover stated that its immobilizer device is 
automatically activated when the Smart Key is removed from the vehicle. 
Jaguar Land Rover also stated that its Smart key is programmed and 
synchronized to each vehicle through an identification key code and a 
secret, randomly-generated code unique to each vehicle.
    Jaguar Land Rover stated that there are three methods of antitheft 
device deactivation and engine starting. 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, the device searches to find and authenticate the 
Smart Key within the vehicle interior. If successful, this information 
is passed to the BCM via the Remote Function Actuator by coded data 
transfer. The BCM, will pass the ``valid key'' status to the instrument 
cluster, via a coded data transfer and then send the key valid message 
code to the PCM initiating a coded data transfer and engine 
authorization 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. When the ignition start button is pressed, 
the device searches 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 docked/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 then 
passes the valid key status to the instrument cluster, via the 
Immobilizer Antenna Unit and sends the key valid message to the PCM 
which initiates a coded data transfer. If successful, the engine 
starting is authorized.
    Jaguar Land Rover stated that its immobilizer is substantially 
similar to the antitheft device installed on the Jaguar F-Pace, Jaguar 
XJ, Jaguar F-Type, Jaguar XF, Jaguar XE, Land Rover Discovery Sport and 
the 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 and perimeter alarm systems 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

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the average theft rate for the Jaguar XJ, XF, F-Type and the Land Rover 
Range Rover Evoque vehicle lines using an average of three model years' 
data (2012-2014) are 0.6791, 0.6277, 0.7402 and 0.5418, respectively. 
Jaguar Land Rover stated the 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 has determined that the antitheft device for the 
Range Rover Velar 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-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 Range Rover Velar 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 Range Rover Velar 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 seeks 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. 2018-01687 Filed 1-29-18; 8:45 am]
 BILLING CODE 4910-59-P