
[Federal Register: April 27, 2010 (Volume 75, Number 80)]
[Notices]               
[Page 22174-22175]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap10-107]                         

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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, Department of 
Transportation (DOT).

ACTION: Grant of a petition to modify an exemption of a previously 
approved antitheft device.

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SUMMARY: On April 20, 2009, the National Highway Traffic Safety 
Administration (NHTSA) granted in full Porsche Cars North America's 
(Porsche) petition for an exemption in accordance with Sec.  
543.9(c)(2) of 49 CFR part 543, Exemption from the Theft Prevention 
Standard for the Porsche Panamera vehicle line beginning with model 
year (MY 2010). On February 4, 2010, Porsche submitted a petition to 
modify its previously approved exemption for the Porsche Panamera 
vehicle line beginning with model year (MY) 2012. 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 
model year (MY) 2012.

FOR FURTHER INFORMATION CONTACT: Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Standards, NHTSA, 1200 
New Jersey Avenue, SE., Washington, DC 20590. Ms. Ballard's telephone 
number is (202) 366-0846. Her fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: On April 20, 2009, NHTSA published in the 
Federal Register a notice granting in full a petition from Porsche for 
an exemption from the parts-marking requirements of the Theft 
Prevention Standard (49 CFR 541) for the Panamera vehicle line 
beginning with its MY 2010 vehicles. The Porsche Panamera is equipped 
with a passive antitheft device (see 74 FR 10837) and an audible and 
visible alarm.
    On February 4, 2010, Porsche submitted a petition to modify the 
previously approved exemption for the Panamera vehicle line. This 
notice grants in full Porsche's petition to modify the exemption for 
the Panamera vehicle line. Porsche's submission is a complete petition, 
as required by 49

[[Page 22175]]

CFR 543.9(d), in that it meets the general requirements contained in 49 
CFR 543.5 and the specific content requirements of 49 CFR 543.6. 
Porsche's petition provides a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device proposed for installation beginning with the 2012 model year.
    The MY 2010 passive antitheft device installed on the Porsche 
Panamera includes a microprocessor-based immobilizer system, electronic 
ignition switch, transponder key, remote control unit, alarm/central 
locking control unit, optional keyless entry system and electronic 
parking brake. Porsche stated that the central locking system works in 
conjunction with the audible and visible alarm. Locking the doors with 
the ignition key, the remote control or a door switch (with the keyless 
entry option) will activate the audible and visible alarm. An 
ultrasonic sensor in the alarm system will monitor the doors, rear 
luggage compartment, front deck lid, fuel filler door, and interior 
movement. The horn will sound and the lights will flash if there is any 
detection of unauthorized use. Porsche stated that its immobilizer 
prevents the engine management system and steering system from 
functioning when the system is engaged. The immobilizer is 
automatically activated when the key is removed from the ignition 
switch assembly, or the optional special keyless entry keycard exits 
the vehicle with the driver. The immobilizer then returns to its normal 
``off'' state, where engine starting, operation, and steering are 
inhibited. Starting the engine and operation of the vehicle will be 
allowed only when the correct code is sent to the control unit by using 
the correct key in the ignition switch, or by having the correct 
keyless entry keycard within the occupant compartment of the car. The 
ignition key contains a radio signal transponder which signals the 
control unit to allow steering and the engine to start. With the 
keyless entry system, operation of the vehicle is allowed when the 
ignition key is substituted with the special keycard that contains a 
radio signal transmitter similar to the transponder in the standard 
ignition key.
    Porsche also stated that the Panamera line is equipped with an 
electronic steering column lock and an electronically activated parking 
brake which is integrated into the vehicle's antitheft device. If the 
control unit does not receive the correct code from the ignition key or 
keycard, the parking brake will remain activated and the vehicle cannot 
be towed.
    In its 2012 modification, Porsche stated that it proposes to delete 
the electronic steering column lock equipped on the exempted vehicle 
line because the steering column lock is considered redundant by the 
electronic parking brake that is standard equipment on the line. 
Porsche proposes to delete the electronic steering lock feature 
beginning with its MY 2012 vehicles. Porsche stated that its 2012 
modified antitheft system will now consist of a microprocessor based 
immobilizer system which prevents functioning of the engine management 
system, an activated parking brake system, central locking and an alarm 
system.
    Porsche also stated that with its 2012 modification, the normal 
state of the applicable control unit is to not allow engine starting or 
release of the activated parking brake. Only by insertion of the 
correct key into the ignition switch, or by having the special keyless 
entry keyfob/device with the occupant compartment of the car is the 
correct signal sent to the applicable control units, allowing the 
engine to start and activation of the parking brake to be released. 
Porsche stated that when the key is removed from the ignition, or the 
ignition switch/control unit is turned to the ignition lock position 
and the keyfob exits the vehicle with the driver, the device will 
return to its normal ``off'' state, preventing the engine from starting 
and the parking brake from being released.
    Porsche stated that it believes that the planned deletion of the 
electronic steering column lock from its comprehensive device for the 
Panamera vehicle line will continue to be as effective as parts-marking 
and should continue to qualify for an exemption from parts-marking. 
Since the same aspects of performance (i.e., arming of the device and 
the immobilization feature) are still provided, the agency believes 
that the same level of protection is being met. The agency agrees that 
the deletion of the electronic steering column lock feature should have 
no effect on functionality of the device's ability to deter theft. 
Since the agency granted Porsche's exemption for its MY 2010 Panamera 
vehicle line, there has been no available theft rate data published by 
the agency for the vehicle line.
    The agency has evaluated Porsche's MY 2012 petition to modify the 
exemption for the Panamera vehicle line from the parts-marking 
requirements of 49 CFR part 541, and has decided to grant it. The 
agency believes that the proposed device will continue to provide the 
five types of performance listed in Sec.  543.6(a)(3): Promoting 
activation; attracting attention to the efforts of unauthorized persons 
to enter or operate 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.
    If Porsche 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 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 22, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-9704 Filed 4-26-10; 8:45 am]
BILLING CODE 4910-59-P

