[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12220-12221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4952]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Motor Theft 
Prevention Standard; Jaguar Land Rover

AGENCY: National Highway Traffic Safety Administration, Department of 
Transportation (DOT).

ACTION: Grant of petition for exemption.

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SUMMARY: This document grants in full the petition of Jaguar Land Rover 
North America's, (Land Rover) petition for an exemption of the Range 
Rover Evoque 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 
the 2012 model year.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, 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 November 22, 2010, Land 
Rover requested an exemption from the parts-marking requirements of the 
theft prevention standard (49 CFR Part 541) for the Range Rover Evoque 
vehicle line beginning with MY 2012. The petition has been filed 
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 Sec.  543.5(a), a manufacturer may petition NHTSA to grant an 
exemption for one vehicle line per model year. In its petition, Land 
Rover provided a detailed description and diagram of the identity, 
design, and location of the components of the antitheft device for the 
Range Rover Evoque vehicle line. Land Rover stated that the Range Rover 
Evoque vehicles will be equipped with a passive, transponder based, 
electronic engine immobilizer antitheft device as standard equipment 
beginning with the 2012 model year. Key components of its antitheft 
device will include a power train module, instrument cluster, body 
control module, remote frequency receive immobilizer antenna unit, 
smart key, door control units and a perimeter alarm system. The 
immobilizer device is automatically immobilized when the Smart Key is 
removed from the vehicle. Land Rover stated that the Smart Key is 
programmed and synchronized to the vehicle by means of a unique 
identification code key and a secret code key which is randomly 
generated and unique to each vehicle. Additionally, Land Rover states 
that its antitheft device will include an audible and visual perimeter 
alarm system as standard equipment that can be armed manually or 
programmed to arm automatically with the Smart Key. If the hood, 
luggage compartment, or doors are opened during an unauthorized entry, 
the vehicle siren alarm will sound and the exterior lights will flash.
    Land Rover stated that there are three methods of vehicle operation 
and engine start: (1) Pulling the driver's door handle with correct 
Smart Key authentication, and pressing the ignition start button; (2) 
unlocking the vehicle with the Smart Key unlock button; and (3) using 
the emergency key blade.
    In addressing the specific content requirements of 543.6, Land 
Rover provided information on the reliability and durability of its 
proposed device. To ensure reliability and durability of the device, 
Land Rover conducted tests based on its own specified standards. 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). 
Land Rover stated that it believes that its device is reliable and 
durable because it complied with specified requirements for each test. 
Additionally, Land Rover stated that the vehicle's key recognition 
sequence includes in excess of a billion code combinations with 
encrypted data that is secure against copying. The coded data transfer 
between modules also use a unique secure identifier, random number and 
secure public algorithm.
    Land Rover stated that since the Range Rover Evoque is a new 
vehicle line, there is no data from a previous generation vehicle to 
compare theft rate data, although, it stated, the immobilizer in the 
Range Rover Evoque is substantially similar to the antitheft device 
installed on the MY 2010 Jaguar XJ vehicle line that was previously 
granted an exemption by the agency on November 16, 2009. Land Rover 
stated that based on 2006-2008 MY theft data information published by 
NHTSA, Land Rover vehicles equipped with immobilizers had theft rates 
that were below the median. Land Rover also stated that the immobilizer 
in the Range Rover Evoque line is no less effective than devices NHTSA 
has already granted full exemptions (i.e., Jaguar XK and XJ). 
Additionally, Land Rover submitted a Highway Loss Data Institute news 
release (July 19, 2000) showing an approximate 50% reduction in theft 
for vehicles installed with an immobilizer device.
    Based on the evidence submitted by Land Rover, the agency believes 
that the antitheft device for the Range Rover Evoque vehicle line is 
likely to be as effective in reducing and deterring motor vehicle theft 
as compliance with

[[Page 12221]]

the parts-marking requirements of the Theft Prevention Standard (49 CFR 
541).
    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 Land Rover has provided adequate reasons for its belief that 
the antitheft device for the Range Rover Evoque 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 
Land Rover provided about its device.
    The agency concludes that the device will provide the five types of 
performance listed in Sec.  543.6(a)(3): Promoting activation; 
attracting 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.
    For the foregoing reasons, the agency hereby grants in full Land 
Rover's petition for exemption for the Range Rover Evoque 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 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 anti-
theft 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 Land Rover decides not to use the exemption for this line, it 
should formally notify the agency. If such a decision is made, the line 
must be fully marked according to the requirements under 49 CFR 541.5 
and 541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if 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, Sec.  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 Sec.  
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.

    Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 
1.50.

    Issued on: March 1, 2011.
Joseph S. Carra,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2011-4952 Filed 3-3-11; 8:45 am]
BILLING CODE 4910-59-P