[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Pages 5191-5193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02724]


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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 Gladiator 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 
2020 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 August 21, 2018, FCA 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for its Jeep Gladiator vehicle line beginning with 
MY 2020. 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 Gladiator vehicle line. FCA stated that its MY 2020 
Jeep Gladiator 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 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 Keyless Ignition Node (KIN), Transponder Key/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.
    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 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

[[Page 5192]]

electronic messages to communicate with other electronic modules in the 
vehicle over the Controller Area Network (CAN) data bus.
    FCA also 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 
receives Low Frequency (LF) and/or RF signals from the Sentry Key 
transponder through a tuned RF antenna. If the response identifies the 
FOBIK as valid, communication between the RFHM, the BCM, and the ECM 
proceeds. FCA also stated that for added security, each RFHM is 
programmed with a unique secret key code that is stored in memory. FCA 
stated that once a Sentry Key has been programmed to a particular 
vehicle, it cannot be used on any other vehicle.
    FCA stated that, the RFHM is connected to a Keyless Ignition Node 
(KIN) with a START/STOP push button as an ignition switch. FCA further 
stated that when the 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 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 then proceeds. 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.
    To avoid any perceived delay when starting the vehicle with a valid 
transponder key and 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 all other attempts will be locked out by preventing the 
fuel injectors from firing and disabling the starter.
    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 stated that it expects the Jeep Gladiator vehicle line to 
mirror the lower theft rate results achieved by the Jeep Wrangler 
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 Wrangler vehicles 
since MY 2007. According to FCA, the average theft rate for Jeep 
Wrangler vehicles, based on NHTSA's theft rate data for the five model 
years prior to (1995-2000), when a vehicle immobilizer device was not 
installed as standard equipment was 2.8264 per one thousand vehicles 
produced. This was significantly lower than the 1990/1991 median theft 
rate of 3.5826. However, FCA also indicated that the average theft rate 
for the Jeep Wrangler for the five model years (2007-2014), after 
installation of the standard immobilizer device was 0.5033, which is 
significantly lower than the theft rate without the standard 
immobilizer system. The Jeep Wrangler vehicle line was also granted an 
exemption from the parts-marking requirements beginning with MY 2009 
(72 FR 62728, November 6, 2007). FCA further exerts that NHTSA's theft 
rate data for the Jeep Wrangler indicates that the inclusion of a 
standard immobilizer device resulted in an 82 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 0.3979, 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 Gladiator 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 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.
    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 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 may want to consult the

[[Page 5193]]

agency before preparing and submitting a petition to modify.
    For the foregoing reasons, the agency hereby grants in full FCA's 
petition for exemption for its Jeep Gladiator vehicle line from the 
parts-marking requirements of 49 CFR part 541, beginning with its MY 
2020 Jeep Gladiator vehicles.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.95 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2019-02724 Filed 2-19-19; 8:45 am]
 BILLING CODE 4910-59-P