[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 5061-5063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01524]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


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

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

ACTION: Grant of petition for exemption.

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SUMMARY: This document grants in full the General Motors, LLC's (GM) 
petition for exemption from the Federal Motor Vehicle Theft Prevention 
Standard (theft prevention standard) for its Buick Envista line 
beginning in model year (MY) 2024. 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.

DATES: The exemption granted by this notice is effective beginning with 
the 2024 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 parts-marking 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 
parts-marking 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.\1\
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    \1\ 49 CFR 543.7 specifies that the manufacturer must include a 
statement that their entire vehicle line is equipped with an 
immobilizer that meets one of the flowing standards:
    (1) The performance criteria (subsections 8 through 21) of 
C.R.C, c. 1038.114, Theft Protection and Rollaway Prevention (in 
effect March 30, 2011), as excerpted in appendix A of [part 543];
    (2) National Standard of Canada CAN/ULC-S338-98, Automobile 
Theft Deterrent Equipment and Systems: Electronic Immobilization 
(May 1998);
    (3) United Nations Economic Commission for Europe (UN/ECE) 
Regulation No. 97 (ECE R97), Uniform Provisions Concerning Approval 
of Vehicle Alarm System (VAS) and Motor Vehicles with Regard to 
Their Alarm System (AS) in effect August 8, 2007; or
    (4) UN/ECE Regulation No. 116 (ECE R116), Uniform Technical 
Prescriptions Concerning the Protection of Motor Vehicles Against 
Unauthorized Use in effect on February 10, 2009.
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    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.\2\ 
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.
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    \2\ 49 U.S.C. 33106(d).
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    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 General Motors, 
LLC's (GM) petition for its Buick Envista vehicle line beginning in MY 
2024.

I. Specific Petition Content Requirements Under 49 CFR 543.6

    Pursuant to 49 CFR part 543, Exemption from Vehicle Theft 
Prevention, GM petitioned for an exemption for its specified vehicle 
line from the parts-marking requirements of the theft prevention 
standard, beginning

[[Page 5062]]

in MY 2024. GM 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 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.\3\
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    \3\ 49 CFR 543.6(a)(3).
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    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,\4\ 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.\5\
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    \4\ 49 CFR 543.6(a)(4).
    \5\ 49 CFR 543.6(a)(5).
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    The following sections describe GM's petition information provided 
pursuant to 49 CFR part 543, Exemption from Vehicle Theft Prevention. 
To the extent that specific information in GM's petition is subject to 
a properly filed confidentiality request, that information was not 
disclosed as part of this notice.\6\
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    \6\ 49 CFR 512.20(a).
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II. GM's Petition for Exemption

    In a petition originally dated September 12, 2022, GM requested an 
exemption from the parts-marking requirements of the theft prevention 
standard for the Buick Envista vehicle line beginning with MY 2024.
    In its petition, GM provided a detailed description and diagram of 
the identity, design, and location of the components of the antitheft 
device for its Buick Envista vehicle line. Key components of the 
antitheft device include an electronically-coded ignition key, PASS-Key 
III+ controller, integrated within the body control module (BCM), 
engine control module (ECM), passive entry passive start (PEPS) module, 
a radio frequency (RF) receiver, three passive low frequency antennas, 
and an active low-frequency antenna. GM stated that the PASS-Key III+ 
immobilizer device is designed to be active at all times without direct 
intervention by the vehicle operator.
    Pursuant to section 543.6(a)(3), GM explained that its PASS-Key 
III+ system is activated immediately after the ignition has been turned 
off and the key has been removed and deactivation of the antitheft 
device occurs automatically when the engine is started.
    GM stated that the Buick Envista vehicle line will be installed 
with the PASS-Key III+ as standard equipment on its entire vehicle 
line. GM stated that with its ``keyless'' ignition system, an 
electronic key fob performs normal remote keyless entry functions and 
communicates with the vehicle without direct owner intervention. 
Specifically, during operation of the vehicle, when the owner presses 
the engine start/stop switch, the vehicle transmits a randomly 
generated challenge and vehicle identifier within the passenger 
compartment of the vehicle via three low-frequency antennas, controlled 
by the PEPS module. The electronic key receives the data and if the 
vehicle identifier matches that of the vehicle, the electronic key will 
calculate the response to the vehicle using the challenge and secret 
information shared between the key and the vehicle. The electronic key 
then transmits the response via a radio frequency channel to a vehicle 
mounted receiver, conveying the information to the PASS-Key III+ 
control module. The PASS-Key III+ control module compares the received 
response with an internally calculated response. If the values match, 
the device will allow the vehicle to enter functional modes and 
transmit a fixed code pre-release password to the engine controller 
over the serial data bus, and enable computation and communication of a 
response to any valid challenge received from the engine controller. If 
a valid key is not detected, the system will not transmit a fixed code 
pre-release password to the engine controller and fuel will not be 
delivered to the engine and the starter will not be enabled, so the 
vehicle will be immobilized.
    As required in section 543.6(a)(3)(v), GM provided information on 
the reliability and durability of its proposed device as required by 
section. To ensure reliability and durability of the device, GM 
followed its own standards in assessing reliability and conducted tests 
to validate the integrity, durability and reliability of the PASS-Key 
III+ device, including tests for high temperature storage, low 
temperature storage, thermal shock, humidity, frost, salt fog, 
flammability and others. GM further 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 believes that its antitheft device will be as effective as or 
more effective than the parts-marking requirement in reducing and 
deterring vehicle theft, and in accordance with 49 CFR 543.6(a)(5), GM 
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, and 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. Specifically, GM 
stated that data which provide the basis for GM's confidence that the 
PASS-Key III+ system will be effective in reducing and deterring motor 
vehicle theft are contained in the response of the American Automobile 
Manufacturers Association (AAMA) to Docket 97-042; Notice I (NHTSA 
Request for Comments on its preliminary Report to Congress on the 
effects of the Anti Car Theft Act of 1992 and the Motor Vehicle Theft 
Law

[[Page 5063]]

Enforcement Act of 1984). In the Report to Congress, AAMA stated the 
more recent antitheft systems are more effective in reducing auto 
theft.
    GM also stated that theft rate 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 rate 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 construction that were 
parts-marked.
    GM stated that the theft rate data from NHTSA's vehicle theft rate 
search were used to plot the Chevrolet Equinox theft rate for the 
available years 2005-2014. GM stated that the Equinox is an SUV of 
similar size which is equipped with the PASS-Key III+ system. GM also 
stated that the theft rate dropped after the parts-marking exemption 
was granted in 2009.
    GM believes that the agency should find that inclusion of PASS-Key 
III+ as standard equipment on the 2024 Buick Envista vehicle line is 
sufficient to qualify this vehicle line for full exemption from 49 CFR 
part 541 requirements. This belief is supported not only by GM's proven 
success in reducing the theft rates of its carlines, but also by the 
high value the agency itself places on ``passive activation'' as a 
functional dimension of theft deterrent systems.
    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.

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 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 GM 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 GM provided about its antitheft 
device. NHTSA believes, based on GM's supporting evidence, 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 GM's antitheft device will provide four 
of the five types of performance features listed in section 
543.6(a)(3): \7\ 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.
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    \7\ See, e.g., 70 FR 74107 (Dec. 14, 2005). NHTSA has previously 
concluded that the lack of a visual or audio alarm has not prevented 
some antitheft devices from being effective protection against 
theft, where the theft data indicate a decline in theft rates for 
vehicle lines that have been equipped with devices similar to that 
what the petitioner is proposing to use.
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    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 GM 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 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. 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 GM 
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 GM's 
petition for exemption for the Buick Envista vehicle line from the 
parts-marking requirements of 49 CFR part 541, beginning with its MY 
2024 vehicles.
    Issued under authority delegated in 49 CFR 1.95 and 501.8.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2023-01524 Filed 1-25-23; 8:45 am]
BILLING CODE 4910-59-P


