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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices More specifically, section 543.6a1
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 543.6a2, 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 543.6a3, 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.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 petitioners 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 BMWs petition information provided pursuant to 49 CFR part 543, Exemption from Vehicle Theft Prevention. To the extent that specific information in BMWs petition is subject to a properly filed confidentiality request, that information was not disclosed as part of this notice.5
2 49

CFR 543.6a3.
CFR 543.6a4.
4 49 CFR 543.6a5.
5 49 CFR 512.20a.
3 49

VerDate Sep<11>2014

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In a petition dated November 9, 2020, BMW requested an exemption from the parts-marking requirements of the theft prevention standard for the Toyota Supra vehicle line beginning with MY
2022.
In its petition, BMW provided a detailed description and diagram of the identity, design, and location of the components of the antitheft device for its Toyota Supra vehicle line. Under 543.6a3, BMW stated that its Toyota Supra vehicle line will be installed with a passive, electronically-coded, vehicle immobilizer system EWS as standard equipment that will prevent the vehicle from being driven away under its own engine power. Key features of the antitheft device will include a remotecontrol w/high frequency HF receiver, mechanical keys, low frequency antenna LF, radio frequency remote control w/
transponder, engine control unit DME
with encoded start release input, transmission control unit EGS and an EWS BDC control unit. BMW stated that it will not offer an audible or visible alarm feature on the proposed device.
Pursuant to section 543.6a3, BMW
explained the means and process by which the immobilizer device is activated and functions. BMW stated that activation of its antitheft device occurs automatically when the engine is shut off and the vehicle key is removed from the ignition system. BMW stated that a transponder transmitter/receiver in the radio frequency remote control communicates with the EWS BDC
control unit providing the interface to the HF receiver, LF antenna and ring antenna, engine control unit and starter.
After an initial starting value, the authentication uses the challenge response technique with symmetric secret key. BMW further stated that when the control unit identifies the correct release signal, the ignition signal and fuel supply are released allowing operation of the vehicle. BMW stated that deactivation may not be carried out with the mechanical key, but rather must occur by electronic means.
BMW also stated that the vehicle is equipped with a central-locking system that can be operated to lock and unlock all doors or to unlock only the drivers door, preventing forced entry into the vehicle through the passenger doors.
BMW further stated that the vehicle can be further secured by locking the doors and hood using either the key-lock cylinder on the drivers door or the remote frequency remote control. BMW
stated that the frequency for the remote control constantly changes to prevent an unauthorized person from opening the vehicle by intercepting the signals of its remote control.

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As required in section 543.6a3v, BMW provided information on the reliability and durability of its proposed device. To ensure reliability and durability of its device, BMW stated that it conducted tests on the antitheft device which complied with its own specific standards. BMW further stated that its antitheft device fulfills the requirements of the January 1995
European vehicle insurance companies.
In further addressing the reliability and durability of its device, BMW provided information on the uniqueness of its mechanical keys to be used on the Toyota Supra vehicle line. Specifically, BMW stated that the vehicles mechanical keys are unique because they require a special key blank, cutting machine and a unique vehicle code to allow for key duplication. BMW further stated that the new keys will only be issued to authorized persons and will incorporate special guide-way millings, making the locks almost impossible to pick and the keys impossible to duplicate on the open market.
BMW further stated that all of its vehicles are currently equipped with antitheft devices as standard equipment, including its Toyota Supra vehicle line.
BMW compared the effectiveness of its antitheft device 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. BMW stated that its antitheft system on the Toyota Supra vehicle line is the same system employed on its existing 2 series vehicle line. BMW also stated that the agencys most recent theft rate data for MY/CY
2014 indicate a minor decrease and downward trend for those vehicles installed with its antitheft device which have been granted parts-marking exemptions by the agency.
III. Decision To Grant the Petition Pursuant to 49 U.S.C. 33106 and 49
CFR 543.8b, 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, or if deemed approved under 49 U.S.C. 33106d. As discussed above, in this case, BMWs petition is granted under 49 U.S.C.
33106d.
However, separately, NHTSA also finds that BMW has provided adequate reasons for its belief that the antitheft device for its vehicle line is likely to be
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