[Federal Register Volume 64, Number 121 (Thursday, June 24, 1999)]
[Notices]
[Pages 33947-33949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16125]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Vehicle Theft Prevention
Standard; BMW
AGENCY: National Highway Traffic Safety Administration (NHTSA)
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
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SUMMARY: This notice grants in full the petition of BMW of North
America, Inc., (BMW) for an exemption of a high-theft line, the BMW X5,
from the parts-marking requirements of the 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.
DATES: The exemption granted by this notice is effective beginning with
the 2000 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of
Planning and Consumer Programs, NHTSA, 400 Seventh Street, SW,
Washington, DC 20590. Ms. Proctor's telephone number
[[Page 33948]]
is (202) 366-0846. Her fax number is (202) 493-2739.
SUPPLEMENTARY INFORMATION: In a petition dated March 8, 1999, BMW of
North America, Inc. (BMW), requested exemption from the parts-marking
requirements of the theft prevention standard (49 CFR part 541) for the
BMW X5 vehicle line, beginning with MY 2000. The petition has been
filed pursuant to 49 CFR part 543, Exemption from Vehicle Theft
Prevention Standard, based on the installation of an antitheft device
as standard equipment for an entire vehicle line. Based on the evidence
submitted by BMW, the agency believes that the antitheft device for the
BMW X5 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).
BMW's submittal 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.
In its petition, BMW provided a detailed description and diagram of
the identity, design, and location of the components of the antitheft
device for the new line. BMW will install its antitheft device as
standard equipment on the MY 2000 BMW X5 vehicle line. The antitheft
device is a passive, electronically-coded vehicle immobilizer (EWS)
system. The device will prevent the vehicle from being driven away
under its own engine power in the event the ignition lock and doors
have been manipulated. The device is automatically activated when the
engine is shut off and the vehicle key is removed from the ignition
lock cylinder. In addition to the key, the antitheft device can be
activated by the use of its radio frequency remote control. Locking the
vehicle door and trunk by using the key cylinder or the radio frequency
remote control will further secure the vehicle. BMW stated that the
frequency codes for the remote control constantly change to prevent an
unauthorized person from opening the vehicle by intercepting the
signals of its remote control.
The EWS system consists of a key with a transponder, a loop antenna
(coil) around the steering lock cylinder, an EWS control unit and an
engine control unit (DME/DDE) with encoded start release input.
BMW stated that integrated in the key is a transponder chip that
consists of a transponder, a small antenna coil, and a memory which can
be written to and read from. The memory contains its own unique key and
customer service data. The transponder is a special transmitter/
receiver that communicates with the EWS control through the transceiver
module.
BMW states that the EWS control unit provides the interface to the
loop antenna (coil), engine control unit and starter. The primary tasks
of the EWS control unit will consist of querying key data from the
transponder and providing the coded release of the engine management
for a valid key. BMW also states that the engine control unit with
coded start release input has been designed in such a manner that the
ignition and the fuel supply are only released when a correct release
signal has been sent by the EWS control unit. The EWS control unit
inspects the key data for correctness and allows the ignition to
operate and fuel supply to be released when a correct signal has been
received.
The vehicle is also equipped with a central-locking system which
locks all doors, the hood, the trunk and fuel filler lid. To prevent
locking the keys in the car upon exiting, the driver door can only be
locked with a key or by the radio frequency remote control after it is
closed. This also locks the other doors. If the doors are open at the
time of locking, they are automatically locked when they are closed.
BMW mentioned the uniqueness of its locks and its ignition key. BMW
stated that its vehicle's locks are almost impossible to pick, and its
ignition key cannot be duplicated on the open market. BMW also stated
that a special key blank, key-cutting machine and owner's individual
code are needed to cut a new key and that its key blanks, machines and
codes will be closely controlled and new keys will only be issued to
authorized persons. Additionally, spare keys can only be obtained
through the BMW dealer because they are not a copy of lost originals,
but new keys with their original electronic identification. Lost keys
can be disabled at the vehicle and enabled again as an additional
security measure. Every key request is also documented so that any
inquiries by insurance companies and investigative authorities can be
followed up on.
The battery for BMW's X5 vehicle line will be inaccessibly located
and covered as an additional security measure. Therefore, even if a
thief does manage to penetrate and disconnect the battery, it will not
unlock the doors. However, in the event of a crash, an inertia switch
will automatically unlock all the doors.
BMW also stated that its antitheft device does not incorporate any
audible or visual alarms. However, based on the declining theft rate
experience of other vehicles equipped with devices that do not have an
audio or visual alarm for which NHTSA has already exempted from the
parts-marking requirements, the agency has concluded that the data
indicate that lack of a visual or audio alarm has not prevented these
antitheft devices from being effective protection against theft.
BMW compared the device proposed for its new line with devices
which NHTSA has previously determined to be as effective in reducing
and deterring motor vehicle theft as would compliance with the parts-
marking requirements of Part 541, and has concluded that the antitheft
device proposed for this new line is no less effective than those
devices in the lines for which NHTSA has already granted exemptions
from the parts-marking requirements. The antitheft system that BMW
intends to install on its X5 vehicle line for the MY 2000 is exactly
the same system that BMW installed on its Carline 5 for MY 1997 and its
Carline 3 for MY 1999. The agency granted BMW's petitions for exemption
of its Carline 5 beginning with the 1997 model year and its Carline 3
beginning with the 1999 model year in full (see 61 FR 6292, February
16, 1996 and 62 FR 62800, November 25, 1997, respectively).
In order to ensure reliability and durability of the device, BMW
conducted performance tests based on its own specified standards. BMW
provided a detailed list of the following tests it conducted: climatic
tests, high temperature endurance run, thermoshock test in water,
chemical resistance, vibrational load, electrical ranges, mechanical
shock tests, and electromagnetic field compatibility.
Additionally, BMW stated that its immobilizer system fulfills the
requirements of the European vehicle insurance companies which became
standard as of January 1995. The requirements prescribe that the
vehicle must be equipped with an electronic vehicle immobilizing device
which works independently from the mechanical locking system and
prevents the operation of the vehicle through the use of coded
intervention in the engine management system. In addition, the device
must be self-arming (passive), and must become effective upon leaving
the vehicle, or not later than the point at which the vehicle is
locked, and must deactivate the vehicle only by electronic means and
not with the mechanical key. BMW also stated that the doors and
ignition locks for the Carline 3 conform to Swedish Regulation F42-
1975, which
[[Page 33949]]
requires a minimum of five minutes resistance to the application of
commonly available tools.
Based on evidence submitted by BMW, the agency believes that the
antitheft device for the X5 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).
The agency believes that the device will provide four of the five
types of performance listed in 49 CFR 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 device lacks the ability to attract attention to the
efforts of unauthorized persons to enter or operate a vehicle by a
means other than a key (Sec. 541.6(a)(3)(ii).
As required by 49 U.S.C. 33106 and 49 CFR 543.6(a)(4) and (5), the
agency finds that BMW has provided adequate reasons for its belief that
the antitheft device will reduce and deter theft. This conclusion is
based on the information BMW provided about its antitheft device.
For the foregoing reasons, the agency hereby grants in full BMW of
North America's petition for an exemption for the MY 2000 X5 vehicle
line from the parts-marking requirements of 49 CFR part 541.
If BMW decides not to use the exemption for this line, it must
formally notify the agency, and, thereafter, 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 BMW 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 543.7(d) states that a part
543 exemption applies only to vehicles that belong to a line exempted
under this part and equipped with the anti-theft device on which the
line's exemption is based. Further, Sec. 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 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 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: June 21, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-16125 Filed 6-23-99; 8:45 am]
BILLING CODE 4910-59-P
