[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11257-11259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04161]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Motor Theft 
Prevention Standard; General Motors Corporation

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 General Motors Corporation's 
(GM) petition for an exemption of the Chevrolet Spark 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 49 CFR part 541, Federal Motor Vehicle Theft Prevention 
Standard (Theft Prevention Standard).

DATES: The exemption granted by this notice is effective beginning with 
the 2016 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of 
International Policy, Fuel Economy, and Consumer Standards, NHTSA, W43-
443, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's 
phone number is (202) 366-4139. Her fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated November 7, 2014, GM 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for the Chevrolet Spark vehicle line beginning with 
MY 2016. 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

[[Page 11258]]

per model year. In its petition, GM provided a detailed description and 
diagram of the identity, design, and location of the components of the 
antitheft device for the Chevrolet Spark vehicle line. GM will install 
the PASS-Key III+ antitheft device as standard equipment on the 
Chevrolet Spark vehicle line. The PASS-Key III+ is a passive, 
transponder-based, electronic immobilizer device. GM stated that it 
will offer two types of ignition systems on its Chevrolet Spark vehicle 
line. Specifically, GM stated that the Spark vehicle line will be 
offered with a keyed ignition or a keyless ignition system; however the 
basic antitheft functionality and immobilization features will be the 
same. The keyless ignition system will be installed as standard 
equipment on its BEV (battery electric vehicle) and LTZ model vehicles. 
The keyed ignition system will be installed as standard equipment on 
its LS and LT models.
    The major components of the keyed ignition system are the PASS-Key 
III+ controller module, engine control module (ECM), electronically-
coded ignition key, immobilizer exciter module, radio frequency (RF) 
receiver, and passive antenna module. The optional keyless ignition 
system components are the PASS-Key III+ controller module, ECM, 
immobilizer exciter module, engine controller, radio frequency (RF) 
receiver, and passive antenna module, low frequency antennas and 
electronic key (remote key fob). The remote key fob also contains 
buttons to perform normal remote keyless door entry functions. GM 
stated that the device will provide protection against unauthorized use 
(i.e., starting and engine fueling), but will not provide any visible 
or audible indication of unauthorized vehicle entry (i.e., flashing 
lights or horn alarm).
    GM'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.
    The PASS-Key III+ device is designed to be active at all times 
without direct intervention by the vehicle operator (i.e., no separate 
intentional action to specifically turn on the security system is 
needed to achieve protection). With the keyed ignition system, 
activation of the device occurs when the ignition has been turned off 
and the key removed. Deactivation of the immobilizer occurs when a 
valid key and matching immobilization code is verified, allowing the 
engine to start and continue normal operations. GM stated that the 
PASS-Key III+ uses a special ignition key and decoder module. The key's 
electrical code must be sensed and be properly decoded by the PASS-Key 
III+ controller module before the vehicle can be operated. The 
conventional code of the key is used to unlock and release the 
transmission shift lever and steering wheel.
    GM further stated that the ignition key contains electronics in the 
head of the key, providing billions of possible electronic 
combinations. The electronics in the head of the key receive energy and 
data from the antenna module. Upon receipt of the data, the key will 
calculate a response to the data using an internal encryption algorithm 
and transmit the response back to the vehicle. The antenna module then 
translates the radio frequency signal received from the key into a 
digital signal and passes the signal on to the controller module. The 
controller module then compares the received response to an internally 
calculated value. If the values match, the key is recognized as valid 
and a password is then transmitted through a serial data link to the 
ECM to enable fueling and vehicle starting. GM also stated that a 
secondary data challenge and response process using another encryption 
algorithm must be validated by the engine controller to allow continued 
operation. If an invalid key code is received, the PASS-Key III+ 
controller module will send a ``Disable Password'' to the engine 
control module and starting, ignition, and fuel will be inhibited.
    With the keyless ignition system, activation of the device occurs 
when the operator pushes the engine Start/Stop switch to the ``OFF'' 
position. Deactivation of the immobilizer device occurs when a valid 
key and matching immobilization code is verified, allowing the engine 
to start and continue normal operations. Specifically, the electronic 
key resides in the form of a remote key fob. When the operator pushes 
the engine Start/Stop button to begin vehicle operation, the vehicle 
transmits data and a vehicle identifier within the passenger 
compartment of the vehicle thru low-frequency antennas, controlled by 
the passive antenna module. The electronic key receives the data and 
compares its vehicle identifier with the identifier previously assigned 
to the vehicle. If the vehicle identifier matches, the electronic key 
will transmit a response through the RF channel to a vehicle mounted 
receiver. The PASS-Key III+ control module receives the RF transmission 
and compares the received response with an internally calculated 
response. If the values match, the key is recognized as valid and a 
password is then transmitted through a serial data link to the ECM to 
enable fueling and vehicle starting. If a valid key is not detected, 
the system will not transmit a password to the ECM to allow operation 
of the vehicle. Additionally, if an invalid electronic key code is 
received, the vehicle will not be allowed to transition from the 
``Off'' mode to the ``Accessory'', ``On'', or ``Start'' mode positions 
inhibiting starting, ignition, and fuel flow of the vehicle.
    In addressing the specific content requirements of 543.6, GM 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, GM 
conducted tests based on its own specified standards. GM provided 
information on the specific tests it uses to validate the integrity, 
durability and reliability of the PASS-Key III+ device and believes 
that the device is reliable and durable since the components must 
operate as designed after each test. GM also stated that the design and 
assembly processes of the PASS-Key III+ subsystem and components are 
validated for 10 years of vehicle life and 150,000 miles of 
performance.
    GM stated that the PASS-Key III+ device has been designed to 
enhance the functionality and theft protection provided by its first, 
second and third generation PASS-Key, PASS-Key II, and PASS-Key III 
devices. GM also referenced data provided by the American Automobile 
Manufacturers Association (AAMA) in support of the effectiveness of 
GM's PASS-Key devices in reducing and deterring motor vehicle theft. 
Specifically, GM stated that the AAMA's comments referencing the 
agency's Preliminary Report on ``Auto Theft and Recovery Effects of the 
Anti-Car Theft Act of 1992 and the Motor Vehicle Theft Law Enforcement 
Act of 1984'', (Docket 97-042; Notice 1), showed that between MYs 1987 
and 1993, the Chevrolet Camaro and Pontiac Firebird vehicle lines 
experienced a significant theft rate reduction after installation of a 
Pass-Key like antitheft device as standard equipment on the vehicle 
lines.
    GM also noted that theft data have indicated a decline in theft 
rates for vehicle lines equipped with comparable devices that have 
received full exemptions from the parts-marking requirements. GM stated 
that the theft data, as provided by the Federal Bureau of 
Investigation's National Crime Information Center (NCIC) and compiled 
by the agency, show that theft rates are lower for exempted GM models 
equipped with the PASS-Key like systems than the theft rates for 
earlier models with similar appearance and

[[Page 11259]]

construction that were parts-marked. Based on the performance of the 
PASS-Key, PASS-Key II, and PASS-Key III devices on other GM models, and 
the advanced technology utilized in PASS-Key III+, GM believes that the 
PASS-Key III+ device will be more effective in deterring theft than the 
parts-marking requirements of 49 CFR part 541.
    Additionally, GM stated that the PASS-Key III+ is installed as 
standard equipment on the GMC Terrain vehicle line. The agency notes 
that the GMC Terrain vehicle line has been equipped with the device 
since introduction of its MY 2010 vehicles. GM was granted an exemption 
from the parts-marking requirements by the agency for the GMC Terrain 
vehicle line beginning with the 2010 MY (See 74 FR 3132, January 16, 
2009). The average theft rate for the GMC Terrain vehicle line, based 
on NHTSA's theft data, using 3 MYs theft data (MYs 2010- 2012) is 
0.3235, which is substantially below the median theft rate established 
by the agency.
    GM further stated that it believes that PASS-Key III+ devices will 
be more effective in deterring theft than the parts-marking 
requirements and that the agency should find that inclusion of the 
PASS-Key III+ device on the Chevrolet Spark vehicle line is sufficient 
to qualify it for full exemption from the parts-marking requirements.
    Based on the evidence submitted by GM, the agency believes that the 
antitheft device for the Chevrolet Spark 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).
    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 GM has provided adequate reasons for its belief that the 
antitheft device for the Chevrolet Spark 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 
GM provided about its device.
    The agency concludes that the device will provide the four of the 
five types of performance listed in Sec.  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.
    GM's proposed device lacks an audible or visible alarm. Therefore, 
this device cannot perform one of the functions listed in 49 CFR 
543.6(a)(3), that is, to call attention to unauthorized attempts to 
enter or move the vehicle. Based on comparison of the reduction in the 
theft rates of Chevrolet Corvettes using a passive antitheft device 
along with an audible/visible alarm system to the reduction in theft 
rates for the Chevrolet Camaro and the Pontiac Firebird models equipped 
with a passive antitheft device without an alarm, GM finds that the 
lack of an alarm or attention-attracting device does not compromise the 
theft deterrent performance of a device such as PASS-Key III+ device. 
In these instances, the agency has concluded that the lack of an 
audible or visible alarm has not prevented these antitheft devices from 
being effective protection against theft.
    For the foregoing reasons, the agency hereby grants in full GM's 
petition for exemption for the Chevrolet Spark 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 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 GM 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 GM 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 wishes 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.
    Under authority delegated in 49 CFR 1.95.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-04161 Filed 2-27-15; 8:45 am]
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