Petition for Modification of Exemption From the Vehicle Theft Prevention Standard; General Motors Corporation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Petition for Modification of Exemption From the Vehicle Theft

Prevention Standard; General Motors Corporation

AGENCY: National Highway Traffic Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Grant of a petition for modification for previously approved

antitheft devices.

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SUMMARY: This agency granted in part General Motors Corporation's (GM)

petitions for exemption from the parts-marking requirements of the

vehicle theft prevention standard on April 27, 1990, April 9, 1991 and

March 26, 1992, for the Cadillac DeVille, Pontiac Bonneville, and Buick

LeSabre car lines, respectively. On August 25, 1993, this agency

granted in full General Motors Corporation's (GM) petition for

exemption from the parts-marking requirements of the vehicle theft

prevention standard for the Oldsmobile Aurora car line. This notice

grants in full GM's petition for modification of the previously

approved antitheft device for the Aurora car line, and provides for

full exemption of three car lines (Cadillac DeVille, Pontiac

Bonneville, and Buick LeSabre) that were previously granted partial

exemptions. The agency grants this petition because it has determined,

based on substantial evidence, that the modified antitheft device

described in GM's petition to be placed on the car lines as standard

equipment, is likely to be as effective in reducing and deterring motor

vehicle theft as compliance with the parts-marking requirements.

DATES: The exemption granted by this notice is effective beginning with

model year (MY) 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of

Planning and Consumer Programs, NHTSA, 400 Seventh Street, S.W.,

Washington, DC 20590. Ms. Proctor's telephone number is (202) 366-4807.

Her fax number is (202) 493-2739.

SUPPLEMENTARY INFORMATION: In April 1990, NHTSA published in the

Federal Register a notice granting in part the petition from General

Motors Corporation (GM) for an exemption from the parts-marking

requirements of the Theft Prevention Standard (49 CFR Part 541) for the

model year MY 1991 Cadillac DeVille. The DeVille car line was equipped

with the ``PASS-Key'' antitheft device. (See 55 FR 17854, April 27,

1990). In April 1991, NHTSA published in the Federal Register a notice

granting in part the petition from General Motors Corporation (GM) for

an exemption from the parts-marking requirements of the Theft

Prevention Standard (49 CFR Part 541) for the model year MY 1992

Pontiac Bonneville. The Bonneville car line was equipped with the

``PASS-Key'' antitheft device. (See 56 FR 14413, April 9, 1991). In

March 1992, NHTSA published in the Federal Register a notice granting

in part the petition from General Motors Corporation (GM) for an

exemption from the parts-marking requirements of the Theft Prevention

Standard (49 CFR Part 541) for the model year MY 1993 Buick LeSabre.

The LeSabre car line was equipped with the ``PASS-Key II'' antitheft

device. (See 57 FR 10517, March 26, 1992). In August 1993, NHTSA

published in the Federal Register a notice granting in full the

petition from General Motors Corporation (GM) for an exemption from the

parts-marking requirements of the Theft Prevention Standard (49 CFR

Part 541) for the model year 1995 Oldsmobile Aurora. The Aurora car

line was equipped with the ``PASS-Key II'' antitheft device. (See 58 FR

44872, August 25, 1993).

The agency granted partial exemptions for the Cadillac DeVille,

Pontiac Bonneville and Buick LeSabre lines at that time because the

devices lacked an audible and visual alarm system. As such, the GM

systems lacked, as standard equipment, an important feature that the

agency has defined in its rulemaking on Part 543 as one of several

attributes which contribute to the effectiveness of an antitheft

device: automatic activation of the device; an audible or visual signal

that is connected to the hood, doors, and trunk, and draws attention to

vehicle tampering; and a disabling mechanism designed to prevent a

thief from moving a vehicle under its own power without a key. The lack

of an audible or visual warning device made the agency uncertain as to

whether the device would be as effective as parts marking in deterring

theft of these vehicles. Consequently, the agency believed that because

of the lack of theft data and information available at that time for

lines installed with antitheft

[[Page 29737]]

devices that did not have an audible or visual alarm system, GM should

be granted a partial rather than full exemption. Therefore, GM was

required to mark the lines' engine and transmission only.

The ``PASS-Key'' theft deterrent system utilized an ignition key,

an ignition lock cylinder and a decoder module. The conventional

mechanical code permits the key to release the steering wheel and

transmission shift lever locks. Before the vehicle can be started the

electrical resistance of a pellet embedded in the shank of the key must

be sensed by elements in the lock cylinder and its value compared to a

fixed resistance in the decoder module located in the instrument panel

in the passenger compartment. If the key pellet has the proper

resistance, the starter enable relay is energized and a discrete signal

is transmitted to the electronic control module. If a key other than

the one with the proper resistance for that vehicle is inserted, the

decoder module will shut down for two to four minutes. Use of any keys

with different resistance pellets will cause the time to recycle and

begin again with each failed attempt. The components are located in the

passenger compartment behind the instrument panel, with the exception

of the starter solenoid/starter motor combination which is physically

located in the engine compartment.

GM's ``PASS-Key II'' device, used on the Oldsmobile Aurora

beginning in the1995 model year, utilizes an ignition key, an ignition

lock cylinder and a decoder module and is passively activated. Unlike

the ``PASS-Key'', in the ``PASS-Key II'', if a key other than the one

with proper resistance for the vehicle is inserted, the decoder module

will shut down the fuel injector pulses to the engine for three minutes

plus or minus eighteen seconds. In the ``PASS-Key'' this shut down

period is two to four minutes. Additionally, if during the time the

decoder module has shut down in ``PASS-Key II,'' trial and error

attempts are made to start the engine with various keys, the timer for

the decoder module does not reset back to zero.

``PASS-Key II'' is a modification of the ``PASS-Key'' theft

deterrent system. Since August 1989, the agency has determined that the

``PASS-Key'' system, installed as standard equipment, will likely be as

effective reducing and deterring motor vehicle theft as compliance with

the theft prevention standard (see 54 FR 33655, August 15, 1989). In a

February 7, 1992 letter to GM, the agency determined that changes in

the ``PASS-Key II'' constituted a de minimis change in the ``PASS-Key''

system, which was the basis for the agency's previous granting of a

partial theft exemption for car lines that had, as standard equipment,

the ``PASS-Key'' system.

GM stated that for MY 2000, the ``PASS-Key III'' antitheft device

to be used on the Cadillac DeVille, Pontiac Bonneville, Buick LeSabre

and Oldsmobile Aurora car lines will utilize more advanced technology

than the ``PASS-Key'' or ``PASS-Key II'' devices. The ``PASS-Key III''

device will add new features and refinements to some of the previous

``PASS-Key/PASS-Key II'' components. As with the ``PASS-Key'' and

``PASS-Key II'' antitheft devices, the ``PASS-Key III'' device will

remain fully functional once the ignition has been turned off and the

key has been removed. No operator action will be required other than

removing the key. The ``PASS-Key III'' will also use a special ignition

key and decoder module. The conventional mechanical key unlocks and

releases the steering wheel and transmission lever. However, before the

vehicle can be operated, the key's electrical code must be sensed by

the key cylinder and properly decoded by the decoder module.

GM stated that the transponder, now embedded in the head of the key

for the ``PASS-Key III'' device, is stimulated by a coil surrounding

the key cylinder. The transponder in the key then emits a modulated

signal at a specified radio frequency. The identity of the key is an

integral and unique code within the modulated signal. The key cylinder

coil receives and sends the modulated signal to the decoder. When the

decoder module recognizes a valid key code, it sends an encoded message

to the Powertrain Control Module (PCM) to enable fuel flow and starter

operation. If an invalid key is detected, the ``PASS-Key III'' decoder

module will transmit a different password to the PCM to disable fuel

flow and starter operation.

The ``PASS-Key III'' device has the potential for over four

trillion unique electrical key codes. GM states that the sheer volume

of these codes is a highly effective deterrent to the common intruder.

If an invalid key is detected, the ``PASS-Key'' was designed to shut

down for two to four minutes and, the ``PASS-Key II'' for three minutes

plus or minus eighteen seconds, preventing further attempts at starting

the vehicle during that shutdown. GM believes that the time-consuming

task of attempting to defeat a device having over four trillion key

codes by a trial-and-error method eliminates the need for such an

extensive shutdown period.

The ``PASS-Key III'' antenna will be located in the ignition switch

assembly, and the decoder module will be mounted behind the instrument

panel for the MY 2000 Oldsmobile Aurora and Pontiac Bonneville. The

``PASS-Key III'' decoder module and antenna will be located in the

steering column for the MY 2000 Cadillac DeVille and Buick LeSabre

lines. GM stated that the device cannot be defeated by removing and

then subsequently reapplying vehicle power. Additionally, GM stated

that replacement of the decoder module will not defeat the device

because of its decoder module password.

GM stated that the ``PASS-Key III'' device has been designed to

enhance the functionality and theft protection of the first and second-

generation ``PASS-Key'' and ``PASS-Key II'' devices. However, as in the

first and second-generation ``PASS-Key'' devices, the ``PASS-Key III''

device does not provide an alarm, either audible or visual to attract

the attention to the efforts of an unauthorized person to enter or move

the vehicle by means other than a key (49 CFR Sec. 543.6(a)(3)(ii)). To

substantiate its belief that an alarm system is not a necessary feature

to effectively deter the theft of a vehicle, GM compared the reduction

in thefts for Corvettes equipped with a passive antitheft device with

an audible/visible alarm feature, and the Chevrolet Camaro and Pontiac

Firebird car lines equipped with a passive antitheft device without an

alarm feature. Results of the GM comparison indicate that the lack of

an alarm feature did not reduce the effectiveness of the anti-theft

system. In fact, while there was a 24 percent reduction in thefts of

Corvettes, the Camaro and Firebird car lines experienced theft

reductions of 66 and 69 percent respectively.

The following GM car lines have the ``PASS-Key'' device as standard

equipment and have been exempted in part from the requirements of 49

CFR Part 541: the Chevrolet Camaro and Pontiac Firebird, beginning with

MY 1990 (See 54 FR 33655, August 15, 1989); the Cadillac DeVille/

Fleetwood and Oldsmobile 98, beginning with MY 1991 (See 55 FR 17854,

April 27, 1990); and the Pontiac Bonneville and Buick Park Avenue,

beginning with MY 1992 (See 56 FR 14413, April 9, 1991). NHTSA has also

granted exemptions in part for the following GM car lines that have

``PASS-Key II'' as standard equipment: the Oldsmobile 88 Royale and

Buick LeSabre, beginning with MY 1993 (See 57 FR 10517, March 26, 1992)

and the Cadillac Eldorado and Cadillac Seville, beginning with MY 1994

(see 58 FR 11659, February 26, 1993).

Since deciding those petitions, the agency has become aware that

theft data

[[Page 29738]]

show declining theft rates for GM vehicles equipped with either version

of the ``PASS-Key'' device. A comparison of theft data for car lines

incorporating the ``PASS-Key'' and ``PASS-Key II'' devices do not show

that the lack of an audible or visual alarm system detracts from the

effectiveness of the ``PASS-Key'' and ``PASS-Key II'' devices. The

agency believes that the data show that over time, despite the absence

of an audible or visual alarm system, the ``PASS-Key'' and ``PASS-Key

II'' devices, when placed on car lines as standard equipment, are as

likely to be as effective in deterring and reducing motor vehicle theft

as compliance with the parts-marking requirements.

Based on this information, the agency has granted two GM petitions

for full exemptions for car lines equipped with the ``PASS-Key II''

antitheft device. Those lines are the Chevrolet Lumina and Buick Regal

car lines, beginning with the 1997 model year (See 60 FR 25938, May 15,

1995) and the Buick Riviera and Oldsmobile Aurora car lines, beginning

with the 1995 model year (See 58 FR 44872, August 25, 1993). In both of

those instances, the agency concluded that a full exemption was

warranted because the ``PASS-Key II'' device had shown itself to be as

likely as parts marking to be effective protection against theft

despite the absence of a visual or audible alarm. NHTSA has also

granted two exemptions in full for car lines which have the ``PASS-Key

III'' device as standard equipment. Those lines are the Buick Park

Avenue (See 61 FR 25734, May 22, 1996) beginning with the 1997 model

year and the Cadillac Seville beginning with the 1998 model year (See

62 FR 20058, April 24, 1997).

To ensure reliability and durability of the device, GM stated that

it conducted tests based on its own specified standards. GM provided a

detailed list of specific tests used to validate the integrity,

reliability and durability of the ``PASS-Key III'' device. GM stated

that the ``PASS-Key III'' device complied with the specified

requirements for each test.

To substantiate its beliefs as to the effectiveness of the ``PASS-

Key III'' antitheft device, GM referenced 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 that are contained in the

response of the American Automobile Manufacturers Association to Docket

97-042; Notice 1 (NHTSA Request for Comments on its preliminary report

to Congress on the Anti Car Theft Act of 1992 and the Motor Vehicle

Theft Law Enforcement Act of 1984).

Additionally, GM compared its MY 2000 antitheft modification to

similar devices that have previously been granted exemptions by the

agency. GM stated that theft data have indicated a decline in theft

rates for vehicle lines that have been equipped with the ``PASS-Key''-

like systems which have exemptions from the parts-marking standard

greater than that for earlier models which were parts marked. ``PASS-

Key'' was made standard on the Camaro, Firebird, Seville and Eldorado

beginning with MY 1989 and on Eldorado beginning with MY 1989 and on

the DeVille/Fleetwood beginning with 1990. The data provided by GM were

reported by the Federal Bureau of Investigation's National Crime

Information Center (NCIC), which is NHTSA's official source of theft

data (See 50 FR 46666, November 12, 1985). The NCIC receives reports on

all thefts.

GM believes that based on the reduced theft rates of its ``PASS-

Key'' and ``PASS-Key II'' equipped car lines and the proven theft-

deterrence success of transponder electronics security, the ``PASS-Key

III'' device to be introduced on the MY 2000 Cadillac DeVille, Pontiac

Bonneville, Buick LeSabre and Oldsmobile Aurora lines is likely to be

more effective in reducing and deterring motor vehicle theft than

compliance with the parts marking requirements of 49 CFR Part 541.

The agency believes that there is substantial evidence indicating

that the modified antitheft device to be installed as standard

equipment on the MY 2000 Cadillac DeVille, Pontiac Bonneville, Buick

LeSabre and Oldsmobile Aurora car lines will likely be as effective in

reducing and deterring motor vehicle theft as compliance with the

requirements of the Theft Prevention Standard (49 CFR Part 541). This

determination is based on the information that GM submitted with its

petition and on other available information. The agency believes that

the modified device will continue to provide four of the five types of

performance listed in Section 543.6(a)(3): promoting activation;

preventing defeat or circumventing of the device by unauthorized

persons; preventing operation of the vehicle by unauthorized entrants;

and ensuring the reliability and durability of the device.

As required by 49 CFR Section 543.6(a)(4), the agency also finds

that GM has provided adequate reasons for its belief that the modified

antitheft device will reduce and deter theft. This conclusion is based

on the information GM provided on its ``PASS-Key III'' device. This

information included a description of reliability and functional tests

conducted by GM for the ``PASS-Key III'' antitheft device and its

components.

The agency has evaluated GM's MY 2000 petition for modification of

the previous exemptions granted for the Cadillac DeVille, Pontiac

Bonneville, Buick LeSabre and Oldsmobile Aurora car lines from the

parts-marking requirements of 49 CFR Part 541. The agency has

determined that the modified device to be installed on the DeVille,

Bonneville and LeSabre car lines are likely to be as effective as parts

marking in preventing and deterring theft of these vehicles, and

therefore qualifies for a full rather than partial exemption under 49

CFR Part 543.

Additionally, the agency concludes that the improvements made to

the device to be installed on the MY 2000 Oldsmobile Aurora car line

constitute a de minimis modification to the existing antitheft device.

For the foregoing reasons, the agency hereby grants GM's petition

for modification of the exemptions from the parts-marking requirements

previously granted to the MY 2000 Cadillac DeVille, Pontiac Bonneville,

Buick LeSabre and Oldsmobile Aurora car lines beginning with the 2000

model year.

If, in the future, GM decides not to use the exemption for the car

lines that are the subject of this notice, it should formally notify

the agency. If such a decision is made, the car line(s) 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, it 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, Section 543.9(c)(2) provides for the submission of

petitions ``(t)o 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 which

Sec. 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

[[Page 29739]]

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: May 27, 1999.

L. Robert Shelton,

Associate Administrator for Safety Performance Standards.

[FR Doc. 99-13956 Filed 6-1-99; 8:45 am]

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