Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Notices 22383 

preceding recommendations, and to take 

other complementary actions to help 

ensure the safety of the Nation’s citizens 

and railroads. FRA may modify this 

Safety Advisory 2012–01, issue 

additional safety advisories, or take 

other appropriate actions necessary to 

ensure the highest level of safety on the 

Nation’s railroads, including pursuing 

other corrective measures under its 

regulatory authority. 

Issued in Washington, DC, on April 9, 

2012. 

Robert C. Lauby, 

Acting Associate Administrator for Railroad 

Safety/Chief Safety Officer. 

[FR Doc. 2012–8970 Filed 4–12–12; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition for Exemption From the 

Federal Motor Vehicle Motor Theft 

Prevention Standard; TESLA 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition for exemption. 

SUMMARY: This document grants in full 

the petition of Tesla Motors Inc’s. 

(Tesla) for an exemption of the Model S 

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 partsmarking requirements of the Theft 

Prevention Standard 49 CFR Part 541, 

Federal Motor Vehicle Theft Prevention 

Standard. Tesla requested confidential 

treatment for specific information in its 

petition. The agency granted Tesla’s 

request for confidential treatment by a 

letter dated December 5, 2011. 

DATES: The exemption granted by this 

notice is effective beginning with the 

2012 model year (MY). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carlita Ballard, Office of International 

Policy, Fuel Economy and Consumer 

Standards, 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 October 24, 2011, Tesla 

requested an exemption from the partsmarking requirements of the theft 

prevention standard (49 CFR Part 541) 

for the Model S vehicle line beginning 

with MY 2012. 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 § 543.5(a), a manufacturer may 

petition NHTSA to grant an exemption 

for one vehicle line per model year. In 

its petition, Tesla provided a detailed 

description and diagram of the identity, 

design and location of the components 

of the antitheft device for the Model S 

vehicle line. Tesla will install a passive, 

transponder-based, electronic engine 

immobilizer device as standard 

equipment on its Model S vehicle line 

beginning with MY 2012. Key 

components of the antitheft device 

include an engine immobilizer, security 

controller, gateway function, drive 

inverter and a passive entry transponder 

(PET). Tesla stated that its immobilizer 

device, which will be installed 

beginning with its MY 2012 vehicle 

line, will be an upgraded version with 

a more robust design than the antitheft 

device already installed as standard 

equipment on its MYs 2008–2011 Tesla 

roadsters. Tesla stated that the new 

design of its immobilizer device will 

have enhanced communications 

between components, prevent 

tampering and also provide additional 

features to enhance its overall 

effectiveness. 

In addition to Tesla’s immobilizer 

device, an audible alarm (horn) will be 

incorporated as standard equipment, but 

no visual feature will be provided with 

the alarm system. Tesla stated that its 

alarm system will activate with any 

unauthorized attempt to break in the 

front and rear cargo areas. Tesla also 

stated that any unauthorized entry 

without the correct PET will trigger the 

audible alarm. Tesla stated that its 

antitheft device has a two-step 

activation process with a vehicle code 

query being conducted at each stage. 

The first stage allows access to the 

vehicle when an authorization cycle 

occurs between the PET and the 

Security Controller as long as the PET 

is in close proximity to the car and the 

driver either pushes the lock/unlock 

button on the key fob, pushes the 

exterior door handle to activate the 

handle sensors or inserts a hand into the 

handle to trigger the latch release. 

During the second stage, vehicle 

operation will be enabled when the 

driver has depressed the brake pedal 

and moves the gear selection stalk to 

drive or reverse. When one of these 

actions is performed, the security 

controller will poll to verify if the 

appropriate PET is inside the vehicle. 

Upon location of the PET, the security 

controller will run an authentication 

cycle with the key confirming the 

correct PET is being used inside the 

vehicle. Tesla stated that once 

authentication is successful, the security 

controller initiates an encrypted 

message through the gateway enabling 

the drive inverter to receive the 

encrypted message which then 

processes the message generating an 

encrypted response posting the message 

back to the security controller. If the 

encrypted exchange yields a result that 

meets the security code’s expectations 

of the security controller, the correct 

exchange will authorize the drive 

inverter to deactivate immobilization 

allowing the vehicle to be driven under 

its own power. Tesla stated that if the 

results are not correct and there is no 

response to the drive inverter from the 

security controller, the vehicle will 

remain immobilized and the drive 

inverter will retry the exchange until 

there is a proper response or it times 

out. Tesla’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. 

Tesla stated that the immobilizer 

functions will ensure maximum theft 

protection when the immobilizer is 

active, the vehicle is off and the doors 

are locked. Tesla stated that it will 

incorporate an additional security 

measure that performs when the car is 

unlocked and immobilization is 

deactivated. Specifically, 

immobilization will reactivate when 

there are no user inputs to the vehicle 

within a programmed period of time. 

Tesla stated that any attempt to operate 

the vehicle without performing and 

completing each task, will render the 

vehicle inoperable. 

In addressing the specific content 

requirements of 543.6, Tesla provided 

information on the reliability and 

durability of its proposed device. To 

ensure reliability and durability of the 

device, Tesla conducted tests based on 

its own specified standards. Tesla 

provided a detailed list of the test 

conducted and stated that it believes 

that its device is reliable and durable 

because it complied with its own 

specific design standards. Additionally, 

Tesla stated that it has incorporated 

other measures of ensuring reliability 

and durability of the device. Those 

measures include the inaccessible 

location of all immobilizer device 

components within the passenger 

compartment of the vehicle or their 

containment in other vehicle 


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22384 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Notices 

components. Tesla stated that these 

measures protect the immobilizer device 

from exposure to the elements and limit 

its access by unauthorized persons. 

Additionally, Tesla stated that the 

immobilizer relies on electronic 

functions versus mechanical functions 

and therefore expects the components to 

last at least the life of the vehicle. 

Tesla also compared the device 

proposed for its vehicle line with other 

devices which NHTSA has already 

determined to be as effective in 

reducing and deterring motor vehicle 

theft as would compliance with the 

parts-marking requirements of the Theft 

Prevention Standard. Tesla compared 

the BMW 5 series and the MercedesBenz E-Class to its Model S vehicle line. 

Specifically, the agency’s data show that 

theft rates for the BMW 5 series are 

0.9044, 0.6550 and 0.4098 and for the 

Mercedes-Benz E-Class, 0.5898, 0.6286 

and 0.9041 respectively. Using an 

average of 3 MYs data (2007–2009), the 

agency theft rate data show that the 

average theft rate for the BMW 5 series 

is 0.6564 and 0.7075 for the MercedesBenz E-Class, well below the median 

theft rate of 3.5826. Tesla also stated 

that its 2008–2011 roadsters are already 

equipped with an antitheft device as 

standard equipment. Agency theft rate 

data for the roadster vehicles using an 

average of the most current theft rate 

data available is 0.0000. 

Based on the evidence submitted by 

Tesla, the agency believes that the 

antitheft device for the Model S vehicle 

line is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking 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 partsmarking 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 Tesla has provided adequate 

reasons for its belief that the antitheft 

device for the Model S 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 

Tesla provided about its device. 

The agency concludes that the device 

will provide the five types of 

performance listed in § 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 Tesla’s petition for 

exemption for the Model S vehicle line 

from the parts-marking requirements of 

49 CFR Part 541, beginning with the 

2012 model year 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 MY. 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 

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 Tesla decides not to use the 

exemption for this line, it shall 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 Tesla 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. Section 

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, § 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 § 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: April 10, 2012. 

Christopher J. Bonanti, 

Associate Administrator for Rulemaking. 

[FR Doc. 2012–8893 Filed 4–12–12; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition To Modify an Exemption of a 

Previously Approved Antitheft Device; 

Porsche 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of a petition to modify an 

exemption of a previously approved 

antitheft device. 

SUMMARY: On December 22, 1995, the 

National Highway Traffic Safety 

Administration (NHTSA) granted in 

full, Porsche Cars North America, Inc.’s 

(Porsche) petition for an exemption in 

accordance with § 543.9(c)(2) of 49 CFR 

part 543, Exemption from the Theft 

Prevention Standard for the Porsche 

Boxster vehicle line, beginning with 

model year (MY) 1997. On February 1, 

2012, Porsche submitted a petition to 

modify its previously approved 

exemption for the Porsche Boxster 

vehicle line and notified the agency that 

all new successor models within the 

Boxster line will be installed with the 

proposed antitheft device beginning 

with MY 2013. NHTSA is granting 

Porsche’s petition to modify the 

exemption in full, because it has 

determined that the modified device is 

also likely to be as effective in reducing 

and deterring motor vehicle theft as 

compliance with the parts-marking 

requirements of the Theft Prevention 

Standard. 

DATES: The exemption granted by this 

notice is effective beginning with the 

2013 MY. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Mazyck, Office of International 

Policy, Fuel Economy and Consumer 

Standards, NHTSA, 1200 New Jersey 

Avenue SE., West Building, W43–443, 

Washington, DC 20590. Ms. Mazyck’s 

telephone number is (202) 366–4139. 

Her fax number is (202) 493–2990. 

SUPPLEMENTARY INFORMATION: On 

December 22, 1995, NHTSA published 

in the Federal Register a notice granting 

in full, a petition from Porsche for an 


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