Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices 47717 

1 49 U.S.C. 33106(d). 

Total Estimated Annual Burden Hour 

Dollar Cost Equivalent: $104,082. 

Under 44 U.S.C. 3507(a) and 5 CFR 

1320.5(b) and 1320.8(b)(3)(vi), FRA 

informs all interested parties that a 

respondent is not required to respond 

to, conduct, or sponsor a collection of 

information that does not display a 

currently valid OMB control number. 

Authority: 44 U.S.C. 3501–3520. 

Brett A. Jortland, 

Acting Chief Counsel. 

[FR Doc. 2021–18398 Filed 8–25–21; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition for Exemption From the 

Federal Motor Vehicle Theft Prevention 

Standard; Ford Motor Company 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition for exemption. 

SUMMARY: This document grants in full 

the Ford Motor Company (Ford) petition 

for exemption from the Federal Motor 

Vehicle Theft Prevention Standard (theft 

prevention standard) for its confidential 

vehicle line beginning in model year 

(MY) 2022. The 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. Ford also 

requested confidential treatment for 

specific information in its petition. 

Therefore, no confidential information 

provided for purposes of this notice has 

been disclosed. 

DATES: The exemption granted by this 

notice is effective beginning with the 

2022 model year. 

FOR FURTHER INFORMATION CONTACT: 

Carlita Ballard, Office of International 

Policy, Fuel Economy, and Consumer 

Programs, NHTSA, West Building, 

W43–439, NRM–310, 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: Under 49 

U.S.C. chapter 331, the Secretary of 

Transportation (and the National 

Highway Traffic Safety Administration 

(NHTSA) by delegation) is required to 

promulgate a theft prevention standard 

to provide for the identification of 

certain motor vehicles and their major 

replacement parts to impede motor 

vehicle theft. NHTSA promulgated 

regulations at 49 CFR part 541 (theft 

prevention standard) to require partsmarking for specified passenger motor 

vehicles and light trucks. Pursuant to 49 

U.S.C. 33106, manufacturers that are 

subject to the parts-marking 

requirements may petition the Secretary 

of Transportation for an exemption for 

a line of passenger motor vehicles 

equipped with an antitheft device as 

standard equipment that the Secretary 

decides is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking requirements. In accordance 

with this statute, NHTSA promulgated 

49 CFR part 543, which establishes the 

process through which manufacturers 

may seek an exemption from the theft 

prevention standard. 

49 CFR 543.5 provides general 

submission requirements for petitions 

and states that each manufacturer may 

petition NHTSA for an exemption of 

one vehicle line per model year. Among 

other requirements, manufacturers must 

identify whether the exemption is 

sought under section 543.6 or section 

543.7. Under section 543.6, a 

manufacturer may request an exemption 

by providing specific information about 

the antitheft device, its capabilities, and 

the reasons the petitioner believes the 

device to be as effective at reducing and 

deterring theft as compliance with the 

parts-marking requirements. Section 

543.7 permits a manufacturer to request 

an exemption under a more streamlined 

process if the vehicle line is equipped 

with an antitheft device (an 

‘‘immobilizer’’) as standard equipment 

that complies with one of the standards 

specified in that section. 

Section 543.8 establishes 

requirements for processing petitions for 

exemption from the theft prevention 

standard. As stated in section 543.8(a), 

NHTSA processes any complete 

exemption petition. If NHTSA receives 

an incomplete petition, NHTSA will 

notify the petitioner of the deficiencies. 

Once NHTSA receives a complete 

petition the agency will process it and, 

in accordance with section 543.8(b), 

will grant the petition 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. 

Section 543.8(c) requires NHTSA to 

issue its decision either to grant or to 

deny an exemption petition not later 

than 120 days after the date on which 

a complete petition is filed. If NHTSA 

does not make a decision within the 

120-day period, the petition shall be 

deemed to be approved and the 

manufacturer shall be exempt from the 

standard for the line covered by the 

petition for the subsequent model year.1

Exemptions granted under part 543 

apply only to the vehicle line or lines 

that are subject to the grant and that are 

equipped with the antitheft device on 

which the line’s exemption was based, 

and are effective for the model year 

beginning after the model year in which 

NHTSA issues the notice of exemption, 

unless the notice of exemption specifies 

a later year. 

Sections 543.8(f) and (g) apply to the 

manner in which NHTSA’s decisions on 

petitions are to be made known. Under 

section 543.8(f), if the petition is sought 

under section 543.6, NHTSA publishes 

a notice of its decision to grant or deny 

the exemption petition in the Federal 

Register and notifies the petitioner in 

writing. Under section 543.8(g), if the 

petition is sought under section 543.7, 

NHTSA notifies the petitioner in writing 

of the agency’s decision to grant or deny 

the exemption petition. 

This grant of petition for exemption 

considers Ford Motor Corporation’s 

(Ford) petition for its confidential 

vehicle line beginning in MY 2022. 

I. Specific Petition Content 

Requirements Under 49 CFR 543.6 

Pursuant to 49 CFR part 543, 

Exemption from Vehicle Theft 

Prevention, Ford petitioned for an 

exemption for its specified vehicle line 

from the parts-marking requirements of 

the theft prevention standard, beginning 

in MY 2022. Ford petitioned under 49 

CFR 543.6, Petition: Specific content 

requirements, which, as described 

above, requires manufacturers to 

provide specific information about the 

antitheft device installed as standard 

equipment on all vehicles in the line for 

which an exemption is sought, the 

antitheft device’s capabilities, and the 

reasons the petitioner believes the 

device to be as effective at reducing and 

deterring theft as compliance with the 

parts-marking requirements. 

More specifically, section 543.6(a)(1) 

requires petitions to include a statement 

that an antitheft device will be installed 

as standard equipment on all vehicles in 

the line for which the exemption is 

sought. Under section 543.6(a)(2), each 

petition must list each component in the 

antitheft system, and include a diagram 

showing the location of each of those 

components within the vehicle. As 

required by section 543.6(a)(3), each 

petition must include an explanation of 

the means and process by which the 


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47718 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices 

2 49 CFR 543.6(a)(3). 

3 49 CFR 543.6(a)(4). 

4 49 CFR 543.6(a)(5). 

5 49 CFR 512.20(a). 

6As discussed above, per 49 CFR 543.8(a), 

NHTSA processes the petition once the 

manufacturer submits all the information required 

by 49 CFR part 543. 7 85 FR 48759 (Aug. 12, 2020). 

device is activated and functions, 

including any aspect of the device 

designed to: (1) Facilitate or encourage 

its activation by motorists; (2) attract 

attention to the efforts of an 

unauthorized person to enter or move a 

vehicle by means other than a key; (3) 

prevent defeating or circumventing the 

device by an unauthorized person 

attempting to enter a vehicle by means 

other than a key; (4) prevent the 

operation of a vehicle which an 

unauthorized person has entered using 

means other than a key; and (5) ensure 

the reliability and durability of the 

device.2

In addition to providing information 

about the antitheft device and its 

functionality, petitioners must also 

submit the reasons for their belief that 

the antitheft device will be effective in 

reducing and deterring motor vehicle 

theft, including any theft data and other 

data that are available to the petitioner 

and form a basis for that belief,3 and the 

reasons for their belief that the agency 

should determine that the antitheft 

device is likely to be as effective as 

compliance with the parts-marking 

requirements of part 541 in reducing 

and deterring motor vehicle theft. In 

support of this belief, the petitioners 

should include any statistical data that 

are available to the petitioner and form 

the basis for the petitioner’s belief that 

a line of passenger motor vehicles 

equipped with the antitheft device is 

likely to have a theft rate equal to or less 

than that of passenger motor vehicles of 

the same, or a similar, line which have 

parts marked in compliance with part 

541.4

The following sections describe 

Ford’s petition information provided 

pursuant to 49 CFR part 543, Exemption 

from Vehicle Theft Prevention. To the 

extent that specific information in 

Ford’s petition is subject to a properly 

filed confidentiality request, that 

information was not disclosed as part of 

this notice.5

II. Ford’s Petition for Exemption 

In a petition dated November 26, 2020 

and updated on April 30, 2021,6 Ford 

requested an exemption from the partsmarking requirements of the theft 

prevention standard for its confidential 

vehicle line beginning with MY 2022. 

In its petition, Ford provided a 

detailed description and diagram of the 

identity, design, and location of the 

components of the antitheft device for 

the confidential vehicle line. Ford stated 

that its MY 2022 confidential vehicle 

line will be installed with a passive, 

transponder based, electronic engine 

immobilizer antitheft device as standard 

equipment. Specifically, Ford stated 

that its vehicle line will be installed 

with the SecuriLock Passive Antitheft 

Engine Immobilizer System (PATS). Key 

components of its SecuriLock antitheft 

device will include a key, powertrain 

control module (PCM) or hybrid 

powertrain control module (HPCM), 

body control module (BCM), radio 

transceiver module and an anti-lock 

braking system module (ABS). Ford also 

stated that its vehicle line will be 

equipped with a hood release, 

counterfeit resistant VIN label, 

secondary VINs inscribed on the body 

and a cabin accessible with a valid 

keycode as standard antitheft features. 

Ford also stated that it will offer its 

intelligent access with push button start 

(IAwPB) system as optional equipment. 

For purposes of the theft prevention 

standard, NHTSA generally only 

considers the antitheft device equipped 

on the vehicle as standard equipment. 

However in this case, while the 

SecuriLock PATS and IAwPB systems 

are mutually exclusive antitheft 

systems, NHTSA has previously 

approved the IAwPB antitheft system as 

standard equipment for the Ford Bronco 

Sport vehicle line. The IAwPB system is 

described in the grant of petition for 

exemption published in the Federal 

Register on August 12, 2020.7

Pursuant to section 543.6(a)(3), Ford 

explained that its SecuriLock system is 

activated when the ignition key is 

turned to the start position allowing the 

transceiver module to read the ignition 

key code and transmit an encrypted 

message from the key code to the 

instrument cluster, this encrypted 

message will then determine that the 

key is valid and will authorize the 

engine to start by sending a separate 

encrypted message to the PCM or the 

HPCM. Ford also stated that the 

powertrain will only function if the key 

code matches the unique identification 

key code that was previously 

programmed into the PCM/HPCM. If the 

codes do not match, the engine starter, 

ignition spark and the fuel will be 

disabled, once active, no other action 

from the operator is required. Ford 

further stated that the integration of the 

transponder into the normal operation 

of the ignition key assures activation of 

the system. Deactivation of the 

immobilizer system occurs 

automatically each time an engine start 

occurs. 

As required in section 543.6(a)(3)(v), 

Ford provided information on the 

reliability and durability of its proposed 

device. To ensure reliability and 

durability of the device, Ford conducted 

tests based on its own specified 

standards. Ford provided a detailed list 

of the tests conducted. Additionally, 

Ford stated that its device is extremely 

reliable and durable because several 

features make it difficult to defeat with 

communications between the 

SecuriLock transponder and the PCM/ 

HPCM that are encrypted because there 

are 18 quintillion (1.8 × 1019) different 

possible codes making a successful key 

duplication by chance virtually 

impossible. Also, the SecuriLock system 

and the PCM/HPCM share security data 

immediately when first installed during 

vehicle assembly, forming matched 

modules. Ford further stated that 

mechanically overriding the system is 

not possible; for example, slam-pulling 

the ignition lock cylinder will not allow 

unauthorized start of the vehicle 

without the correct code being 

transmitted to the electronic control 

module. Ford stated that the system is 

extremely reliable and durable because 

there are no moving parts. Ford further 

stated that its sophisticated design and 

operation of the SecuriLock’s electronic 

engine immobilizer system makes 

conventional theft methods ineffective 

(e.g., hot-wiring or attacking the ignition 

lock cylinder) and drive away thefts are 

virtually eliminated with this system. 

Ford referenced National Insurance 

Crime Bureau (NICB) data for the Ford 

EcoSport (a vehicle size and segment 

comparable to the line covered by this 

petition), which showed 2 thefts per 

thousand vehicles since the EcoSport’s 

production start. The Ford EcoSport was 

granted an exemption for its MY 2018 

vehicles (See 82 FR 22060, May 11, 

2017). Ford also stated that its 

SecuriLock system installed on its 

confidential vehicle line is similar in 

design and implementation to the 

system offered on the MY 2021 Ford 

Bronco Sport vehicle line, which is 

detailed in the August 2020 notice 

discussed above. Ford further stated that 

its sophisticated design and operation of 

its SecuriLock immobilizer system 

renders ineffective conventional theft 

methods, such as hot-wiring the ignition 

cylinder and drive away thefts are 

virtually eliminated with this antitheft 

system. Ford concluded that they 

believed the vehicle line covered by the 

petition will have a very low theft rate 

based on the theft rate of the Ford 

EcoSport, a vehicle of a similar size 

with similar equipment. 


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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices 47719 

III. Decision To Grant the Petition 

Pursuant to 49 U.S.C. 33106 and 49 

CFR 543.8(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 Ford has provided adequate 

reasons for its belief that the antitheft 

device for its 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. This 

conclusion is based on the information 

Ford provided about its antitheft device. 

NHTSA believes, based on Ford’s 

supporting evidence, that the antitheft 

device described for its 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. 

The agency concludes that Ford’s 

antitheft device will provide four types 

of performance features listed in section 

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. 

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 543.8(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 Ford decides not to use the 

exemption for its requested vehicle line, 

the manufacturer must formally notify 

the agency. If such a decision is made, 

the line must be fully marked as 

required by 49 CFR 541.5 and 541.6 

(marking of major component parts and 

replacement parts). 

NHTSA notes that if Ford 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 

543.8(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, section 543.10(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 the 

exemption.’’ 

The agency wishes to minimize the 

administrative burden that section 

543.10(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 Ford 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. 

For the foregoing reasons, the agency 

hereby grants in full Ford’s petition for 

exemption for the confidential vehicle 

line from the parts-marking 

requirements of 49 CFR part 541, 

beginning with its MY 2022 vehicles. 

Issued under authority delegated in 

49 CFR 1.95 and 501.8. 

Raymond R. Posten, 

Associate Administrator for Rulemaking. 

[FR Doc. 2021–18421 Filed 8–25–21; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket Number NHTSA–2021–0058] 

Agency Information Collection 

Activities; Notice and Request for 

Comments; Event Data Recorders 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice and request for 

comments on a request for approval. 

SUMMARY: NHTSA invites public 

comments about our intention to request 

approval from the Office of Management 

and Budget (OMB) for an information 

collection currently in use. Before a 

Federal agency can collect certain 

information from the public, it must 

receive approval from OMB. Under 

procedures established by the 

Paperwork Reduction Act of 1995, 

before seeking OMB approval, Federal 

agencies must solicit public comment 

on proposed collections of information, 

including extensions and reinstatements 

of previously approved collections. This 

document describes a collection of 

information on event data recorders 

(EDRs) for which NHTSA intends to 

seek OMB approval. The information 

collection currently does not have an 

OMB control number. 

DATES: Written comments should be 

submitted by October 25, 2021. 

ADDRESSES: You may submit comments 

[identified by Docket No. NHTSA– 

2021–0058] through one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail or Hand Delivery: Docket 

Management Facility, U.S. Department 

of Transportation, 1200 New Jersey 

Avenue SE, West Building, Room W12– 

140, Washington, DC 20590, between 9 

a.m. and 5 p.m., Monday through 

Friday, except on Federal holidays. To 

be sue someone is there to help you, 

please call 202–366–9322 before 

coming. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice. Note that all 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit https://

www.transportation.gov/privacy. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov or the street 

address listed above. Follow the online 

instructions for accessing the dockets 

via internet. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or access to 

background documents, contact Carla 

Rush, NHTSA, 1200 New Jersey Avenue 

SE, West Building, Room W43–417, 

NRM–100, Washington, DC 20590. 

Telephone number: 202–366–1810. 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), before an agency 

submits a proposed collection of 


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