81_FR_8625 81 FR 8592 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Toyota

81 FR 8592 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Toyota

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 33 (February 19, 2016)

Page Range8592-8594
FR Document2016-03443

This document grants in full the Toyota Motor North America, Inc.'s, (Toyota) petition for an exemption of the Lexus RX vehicle line in accordance with 49 CFR part 543, Exemption from 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 of the 49 CFR part 541, Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard).

Federal Register, Volume 81 Issue 33 (Friday, February 19, 2016)
[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8592-8594]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03443]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Toyota

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

ACTION: Grant of petition for exemption.

-----------------------------------------------------------------------

SUMMARY: This document grants in full the Toyota Motor North America, 
Inc.'s, (Toyota) petition for an exemption of the Lexus RX vehicle line 
in accordance with 49 CFR part 543, Exemption from 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 of the 49 CFR part 541, Federal Motor Vehicle Theft 
Prevention Standard (Theft Prevention Standard).

DATES: The exemption granted by this notice is effective beginning with 
the 2017 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, International 
Policy, Fuel Economy and Consumer Programs, NHTSA, W43-439, 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: In a petition dated December 1, 2015, Toyota 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for the Lexus RX vehicle line beginning with MY 
2017. The petition requested an exemption from parts-marking pursuant 
to 49 CFR part 543, Exemption from Vehicle Theft Prevention Standard, 
based on the installation of an antitheft device as standard equipment 
for the entire vehicle line.
    Under 49 CFR part 543.5(a), a manufacturer may petition NHTSA to 
grant an exemption for one vehicle line per model year. In its 
petition, Toyota provided a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device for the Lexus RX vehicle line. Toyota stated that its MY 2017 
Lexus RX vehicle line and RX hybrid vehicle model (HV) will be 
installed with a ``smart entry and start'' system and an engine 
immobilizer device as standard equipment. Toyota further explained that 
the ``smart entry and start'' system on its Lexus RX vehicle line will 
have slightly different components than those on its RX HV model. Key 
components of the ``smart entry and start'' system on the Lexus RX 
vehicle line will include an engine immobilizer, a certification 
electronic control unit (ECU), engine switch, steering lock ECU, 
security indicator, door control receiver, electrical key, an 
electronic control module (ECM) and an ID code box. The key components 
installed on its RX HV model will also include a power switch and a 
power source HV-ECU. Toyota stated that it will also install an audible 
and visual alarm system on its Lexus RX vehicle line as standard 
equipment and that there will be position switches installed on the 
vehicle to protect the hood and doors from unauthorized tampering/
opening. Toyota further explained locking of the doors can be 
accomplished through use of a conventional key, wireless switch 
incorporated within the keyfob or its

[[Page 8593]]

smart entry system, and that unauthorized tampering with the hood or 
door without using one of these methods will cause the position 
switches to trigger the alarm system.
    Toyota's submission 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 addressing the specific content requirements of Sec.  543.6, 
Toyota provided information on the reliability and durability of its 
proposed device. To ensure reliability and durability of the device, 
Toyota conducted tests based on its own specified standards. Toyota 
provided a detailed list of the tests conducted (i.e., high and low 
temperature, strength, impact, vibration, electro-magnetic 
interference, etc.). Toyota stated that it believes that its device is 
reliable and durable because it complied with its own specific design 
standards and the antitheft device is installed on other vehicle lines 
for which the agency has granted a parts-marking exemption. Toyota 
stated that the antitheft device is already installed as standard 
equipment on its MY 2003 Lexus RX vehicle line and the MY 2006 RX HV 
model. The theft rate for the Toyota Lexus RX vehicle line using an 
average of three model years' data (MYs 2011-2013) is 0.3679, which is 
well below the 3.5826 median theft rate. As an additional measure of 
reliability and durability, Toyota stated that its vehicle key 
cylinders are covered with casting cases to prevent the key cylinder 
from easily being broken. Toyota further explained that the numerous 
key cylinder combinations and key plates it uses for its gutter keys 
would make it very difficult to unlock the doors without using a valid 
key. If a valid key is used, the key cylinders spin out and its locks 
will not work.
    Toyota stated that its Lexus RX vehicles' ``smart entry and start'' 
system allows the driver to press the engine switch button located on 
the instrument panel to start the vehicle. Once the driver pushes the 
engine switch button, the certification ECU verifies the electrical 
key. When the key is verified, the certification ECU, ID code box and 
steering lock ECU receive confirmation of the valid key, and the 
certification ECU allows the ECM to start the engine. With the RX HV 
model ``smart entry and start'' system, once the driver pushes the 
power switch button, the certification ECU verifies the key, the 
certification ECU, ID code box and steering lock ECU receive 
confirmation of a valid key, and then the certification ECU will allow 
the ECM to start the vehicle.
    Toyota stated that with its ``smart entry and start'' system, the 
immobilizer device is activated when the engine switch is pushed from 
the ``ON'' ignition status to any other ignition status, the 
certification ECU performs the calculation of the immobilizer and the 
immobilizer signals the ECM to activate the device. On the RX HV model, 
the ``smart entry and start'' system's immobilizer device is activated 
when the power switch is pushed from the ``ON'' ignition status to any 
other ignition status, the certification ECU performs the calculation 
of the immobilizer and the immobilizer signals the HV-ECU to activate 
the device. Deactivation of its smart key-installed systems occurs when 
the doors are unlocked and the device recognizes the key code. 
Deactivation of the conventional key system occurs when the door is 
unlocked and the key is turned to the ``ON'' position.
    Toyota also compared its proposed device to other devices NHTSA has 
determined to be as effective in reducing and deterring motor vehicle 
theft as would compliance with the parts-marking requirements (i.e., 
Toyota Camry, Corolla, Prius, RAV4, Highlander, Sienna, Lexus LS, and 
Lexus GS vehicle lines) which have all been granted parts-marking 
exemptions by the agency. The theft rates for the Toyota Camry, 
Corolla, Prius, RAV4, Highlander, Sienna, Lexus LS, and Lexus GS 
vehicle lines using an average of three model years' data (2011-2013) 
are 1.3030, 1.3988, 0.2464, 0.4100, 0.4603, 0.5124, 0.4879 and 0.9116 
respectively. Therefore, Toyota has concluded that the antitheft device 
proposed for its Lexus RX vehicle line is no less effective than those 
devices on the lines for which NHTSA has already granted full exemption 
from the parts-marking requirements. Toyota stated that it believes 
that installing the immobilizer as standard equipment reduces the theft 
rate and expects the Lexus RX vehicle line to experience comparable 
effectiveness, and ultimately be more effective than parts-marking 
labels.
    Based on the supporting evidence submitted by Toyota on its device, 
the agency believes that the antitheft device for the Lexus RX 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 541). The agency concludes that the 
device will 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.
    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7 (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 that Toyota has provided adequate reasons for its belief that the 
antitheft device for the Toyota Lexus RX 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). This conclusion is based on the information 
Toyota provided about its device.
    For the foregoing reasons, the agency hereby grants in full 
Toyota's petition for exemption for the Toyota Lexus RX vehicle line 
from the parts-marking requirements of 49 CFR part 541. 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 part 543.7(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 Toyota 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 parts 541.5 
and 541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if Toyota 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. Part 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

[[Page 8594]]

line's exemption is based. Further, Part 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 Part 
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.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2016-03443 Filed 2-18-16; 8:45 am]
 BILLING CODE 4910-59-P



                                                    8592                          Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices

                                                    Q. How do I file my request?                            Attachment 1 to Frequently Asked                      marking requirements of the 49 CFR
                                                       A. You can file a request by going to FRA’s          Questions                                             part 541, Federal Motor Vehicle Theft
                                                    Web site (www.fra.dot.gov) and clicking on
                                                                                                            FAST Act—SECTION 11405—BRIDGE
                                                                                                                                                                  Prevention Standard (Theft Prevention
                                                    the Bridge Inspection Report link. There you                                                                  Standard).
                                                                                                            INSPECTION REPORTS
                                                    will find the ‘‘Bridge Inspection Report
                                                    Public Version Request Form’’ (FRA F                       Section 417(d) of the Rail Safety                  DATES: The exemption granted by this
                                                    6180.167). Please complete this pdf fillable            Improvement Act of 2008 (49 U.S.C. 20103              notice is effective beginning with the
                                                    form by providing all of the information                note) is amended—(1) by striking ‘‘The                2017 model year (MY).
                                                    listed in the question above and click on the           Secretary’’ and inserting the following: ‘‘(1)        FOR FURTHER INFORMATION CONTACT: Ms.
                                                    ‘‘submit’’ box when completed. This will                IN GENERAL.—The Secretary’’; and (2) by               Carlita Ballard, International Policy,
                                                    automatically create an email that will send            adding at the end the following: ‘‘(2)
                                                                                                            AVAILABILITY OF BRIDGE CONDITION.—
                                                                                                                                                                  Fuel Economy and Consumer Programs,
                                                    the completed form directly to FRA. A link                                                                    NHTSA, W43–439, 1200 New Jersey
                                                    to the form has also been provided at the end              ‘‘(A) IN GENERAL.—A State or political
                                                    of these questions below.                               subdivision of a State may file a request with        Avenue SE., Washington, DC 20590. Ms.
                                                       If you are unable to submit the form to FRA          the Secretary for a public version of a bridge        Ballard’s phone number is (202) 366–
                                                    directly, please fill out the ‘‘Bridge Inspection       inspection report generated under subsection          5222. Her fax number is (202) 493–2990.
                                                    Report Public Version Request Form’’ (FRA F             (b)(5) for a bridge located in such State or          SUPPLEMENTARY INFORMATION: In a
                                                    6180.167) and attached it in an email to                political subdivision’s jurisdiction.                 petition dated December 1, 2015, Toyota
                                                    FRABridgeInspectionReportRequest@dot.gov.                  ‘‘(B) PUBLIC VERSION OF REPORT.—If                 requested an exemption from the parts-
                                                    Requests will only be accepted through this             the Secretary determines that the request is
                                                                                                            reasonable, the Secretary shall require a
                                                                                                                                                                  marking requirements of the Theft
                                                    email address with the proper form                                                                            Prevention Standard for the Lexus RX
                                                    completely filled out and attached.                     railroad to submit a public version of the
                                                                                                            most recent bridge inspection report, such as         vehicle line beginning with MY 2017.
                                                    Q. How will FRA handle a request?                       a summary form, for a bridge subject to a             The petition requested an exemption
                                                      A. FRA will evaluate the request and, if              request under subparagraph (A). The public            from parts-marking pursuant to 49 CFR
                                                    found to be compliant with law, FRA will                version of a bridge inspection report shall           part 543, Exemption from Vehicle Theft
                                                    promptly request that the railroad                      include the date of last inspection, length of        Prevention Standard, based on the
                                                    responsible for the bridge provide a public             bridge, location of bridge, type of bridge, type      installation of an antitheft device as
                                                    version of the most recent inspection                   of structure, feature crossed by bridge, and          standard equipment for the entire
                                                    report(s) to FRA. Once FRA has received the             railroad contact information, along with a
                                                                                                            general statement on the condition of the
                                                                                                                                                                  vehicle line.
                                                    report(s), FRA will review the report(s) to                                                                      Under 49 CFR part 543.5(a), a
                                                    ensure that at least the minimum information            bridge.
                                                                                                               ‘‘(C) PROVISION OF REPORT.—The                     manufacturer may petition NHTSA to
                                                    required by law has been provided. Once
                                                                                                            Secretary shall provide to a State or political       grant an exemption for one vehicle line
                                                    determined to be satisfactory, the report(s)
                                                    will be sent to the requester electronically by         subdivision of a State a public version of a          per model year. In its petition, Toyota
                                                    reply to the request unless the requester               bridge inspection report submitted under              provided a detailed description and
                                                    provides an alternate email address to send             subparagraph (B).                                     diagram of the identity, design, and
                                                    the report to.                                             ‘‘(D) TECHNICAL ASSISTANCE.—The                    location of the components of the
                                                                                                            Secretary, upon the reasonable request of             antitheft device for the Lexus RX
                                                    Q. What information must a railroad include             State or political subdivision of a State, shall
                                                    in the public version of the bridge inspection                                                                vehicle line. Toyota stated that its MY
                                                                                                            provide technical assistance to such State or
                                                    report provided to FRA?                                                                                       2017 Lexus RX vehicle line and RX
                                                                                                            political subdivision of a State to facilitate
                                                                                                            the understanding of a bridge inspection              hybrid vehicle model (HV) will be
                                                      A. The FAST Act requires the following
                                                    information to be included in a public                  report.’’                                             installed with a ‘‘smart entry and start’’
                                                    version of a bridge inspection report:                  [FR Doc. 2016–03441 Filed 2–18–16; 8:45 am]           system and an engine immobilizer
                                                      1. The date of the last inspection;                   BILLING CODE 4910–06–P                                device as standard equipment. Toyota
                                                      2. Length of bridge;                                                                                        further explained that the ‘‘smart entry
                                                      3. Location of bridge;                                                                                      and start’’ system on its Lexus RX
                                                      4. Type of bridge (superstructure);                   DEPARTMENT OF TRANSPORTATION                          vehicle line will have slightly different
                                                      5. Type of structure (substructure);                                                                        components than those on its RX HV
                                                      6. Features crossed by the bridge;                    National Highway Traffic Safety                       model. Key components of the ‘‘smart
                                                      7. Railroad contact information; and                  Administration                                        entry and start’’ system on the Lexus RX
                                                      8. A general statement on the condition of
                                                    the bridge.                                                                                                   vehicle line will include an engine
                                                                                                            Petition for Exemption From the                       immobilizer, a certification electronic
                                                    Q. How much time does a railroad have to                Federal Motor Vehicle Theft Prevention                control unit (ECU), engine switch,
                                                    provide the public version of a bridge                  Standard; Toyota                                      steering lock ECU, security indicator,
                                                    inspection report to FRA?
                                                                                                            AGENCY: National Highway Traffic                      door control receiver, electrical key, an
                                                       A. FRA interprets the statute to require a                                                                 electronic control module (ECM) and an
                                                                                                            Safety Administration, Department of
                                                    railroad to provide a requested report                                                                        ID code box. The key components
                                                    containing at least the minimum specified               Transportation (DOT).
                                                                                                            ACTION: Grant of petition for exemption.              installed on its RX HV model will also
                                                    information within a reasonable amount of
                                                    time. FRA believes that a reasonable time for                                                                 include a power switch and a power
                                                    a railroad to provide a requested report is             SUMMARY:   This document grants in full               source HV–ECU. Toyota stated that it
                                                    within 30 days of receipt of FRA’s request.             the Toyota Motor North America, Inc.’s,               will also install an audible and visual
                                                                                                            (Toyota) petition for an exemption of                 alarm system on its Lexus RX vehicle
                                                    Q. How long will it take FRA to produce a
                                                                                                            the Lexus RX vehicle line in accordance               line as standard equipment and that
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                                                    public version of a bridge inspection report
                                                    to a requester?                                         with 49 CFR part 543, Exemption from                  there will be position switches installed
                                                                                                            Vehicle Theft Prevention Standard. This               on the vehicle to protect the hood and
                                                      A. FRA will handle these requests as
                                                                                                            petition is granted because the agency                doors from unauthorized tampering/
                                                    expeditiously as possible and generally
                                                    expects to respond to most requests by                  has determined that the antitheft device              opening. Toyota further explained
                                                    providing the requester with a public version           to be placed on the line as standard                  locking of the doors can be
                                                    of a bridge inspection report within 45 days            equipment is likely to be as effective in             accomplished through use of a
                                                    of receipt of the request.                              reducing and deterring motor vehicle                  conventional key, wireless switch
                                                      (Link to Form will be located here)                   theft as compliance with the parts-                   incorporated within the keyfob or its


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                                                                                  Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices                                            8593

                                                    smart entry system, and that                            ECU will allow the ECM to start the                   attracting attention to the efforts of
                                                    unauthorized tampering with the hood                    vehicle.                                              unauthorized persons to enter or operate
                                                    or door without using one of these                         Toyota stated that with its ‘‘smart                a vehicle by means other than a key;
                                                    methods will cause the position                         entry and start’’ system, the immobilizer             preventing defeat or circumvention of
                                                    switches to trigger the alarm system.                   device is activated when the engine                   the device by unauthorized persons;
                                                       Toyota’s submission is considered a                  switch is pushed from the ‘‘ON’’                      preventing operation of the vehicle by
                                                    complete petition as required by 49 CFR                 ignition status to any other ignition                 unauthorized entrants; and ensuring the
                                                    543.7 in that it meets the general                      status, the certification ECU performs                reliability and durability of the device.
                                                    requirements contained in § 543.5 and                   the calculation of the immobilizer and                   Pursuant to 49 U.S.C. 33106 and 49
                                                    the specific content requirements of                    the immobilizer signals the ECM to                    CFR 543.7 (b), the agency grants a
                                                    § 543.6.                                                activate the device. On the RX HV                     petition for exemption from the parts-
                                                       In addressing the specific content                   model, the ‘‘smart entry and start’’                  marking requirements of Part 541, either
                                                    requirements of § 543.6, Toyota                         system’s immobilizer device is activated              in whole or in part, if it determines that,
                                                    provided information on the reliability                 when the power switch is pushed from                  based upon substantial evidence, the
                                                    and durability of its proposed device.                  the ‘‘ON’’ ignition status to any other               standard equipment antitheft device is
                                                    To ensure reliability and durability of                 ignition status, the certification ECU                likely to be as effective in reducing and
                                                    the device, Toyota conducted tests                      performs the calculation of the                       deterring motor vehicle theft as
                                                    based on its own specified standards.                   immobilizer and the immobilizer signals               compliance with the parts-marking
                                                    Toyota provided a detailed list of the                  the HV–ECU to activate the device.                    requirements of Part 541. The agency
                                                    tests conducted (i.e., high and low                     Deactivation of its smart key-installed               finds that Toyota has provided adequate
                                                    temperature, strength, impact, vibration,               systems occurs when the doors are                     reasons for its belief that the antitheft
                                                    electro-magnetic interference, etc.).                   unlocked and the device recognizes the                device for the Toyota Lexus RX vehicle
                                                    Toyota stated that it believes that its                 key code. Deactivation of the                         line is likely to be as effective in
                                                    device is reliable and durable because it               conventional key system occurs when                   reducing and deterring motor vehicle
                                                                                                            the door is unlocked and the key is                   theft as compliance with the parts-
                                                    complied with its own specific design
                                                                                                            turned to the ‘‘ON’’ position.                        marking requirements of the Theft
                                                    standards and the antitheft device is
                                                                                                               Toyota also compared its proposed                  Prevention Standard (49 CFR part 541).
                                                    installed on other vehicle lines for                    device to other devices NHTSA has                     This conclusion is based on the
                                                    which the agency has granted a parts-                   determined to be as effective in                      information Toyota provided about its
                                                    marking exemption. Toyota stated that                   reducing and deterring motor vehicle                  device.
                                                    the antitheft device is already installed               theft as would compliance with the                       For the foregoing reasons, the agency
                                                    as standard equipment on its MY 2003                    parts-marking requirements (i.e., Toyota              hereby grants in full Toyota’s petition
                                                    Lexus RX vehicle line and the MY 2006                   Camry, Corolla, Prius, RAV4,                          for exemption for the Toyota Lexus RX
                                                    RX HV model. The theft rate for the                     Highlander, Sienna, Lexus LS, and                     vehicle line from the parts-marking
                                                    Toyota Lexus RX vehicle line using an                   Lexus GS vehicle lines) which have all                requirements of 49 CFR part 541. The
                                                    average of three model years’ data (MYs                 been granted parts-marking exemptions                 agency notes that 49 CFR part 541,
                                                    2011–2013) is 0.3679, which is well                     by the agency. The theft rates for the                Appendix A–1, identifies those lines
                                                    below the 3.5826 median theft rate. As                  Toyota Camry, Corolla, Prius, RAV4,                   that are exempted from the Theft
                                                    an additional measure of reliability and                Highlander, Sienna, Lexus LS, and                     Prevention Standard for a given model
                                                    durability, Toyota stated that its vehicle              Lexus GS vehicle lines using an average               year. 49 CFR part 543.7(f) contains
                                                    key cylinders are covered with casting                  of three model years’ data (2011–2013)                publication requirements incident to the
                                                    cases to prevent the key cylinder from                  are 1.3030, 1.3988, 0.2464, 0.4100,                   disposition of all Part 543 petitions.
                                                    easily being broken. Toyota further                     0.4603, 0.5124, 0.4879 and 0.9116                     Advanced listing, including the release
                                                    explained that the numerous key                         respectively. Therefore, Toyota has                   of future product nameplates, the
                                                    cylinder combinations and key plates it                 concluded that the antitheft device                   beginning model year for which the
                                                    uses for its gutter keys would make it                  proposed for its Lexus RX vehicle line                petition is granted and a general
                                                    very difficult to unlock the doors                      is no less effective than those devices on            description of the antitheft device is
                                                    without using a valid key. If a valid key               the lines for which NHTSA has already                 necessary in order to notify law
                                                    is used, the key cylinders spin out and                 granted full exemption from the parts-                enforcement agencies of new vehicle
                                                    its locks will not work.                                marking requirements. Toyota stated                   lines exempted from the parts marking
                                                       Toyota stated that its Lexus RX                      that it believes that installing the                  requirements of the Theft Prevention
                                                    vehicles’ ‘‘smart entry and start’’ system              immobilizer as standard equipment                     Standard.
                                                    allows the driver to press the engine                   reduces the theft rate and expects the                   If Toyota decides not to use the
                                                    switch button located on the instrument                 Lexus RX vehicle line to experience                   exemption for this line, it should
                                                    panel to start the vehicle. Once the                    comparable effectiveness, and                         formally notify the agency. If such a
                                                    driver pushes the engine switch button,                 ultimately be more effective than parts-              decision is made, the line must be fully
                                                    the certification ECU verifies the                      marking labels.                                       marked according to the requirements
                                                    electrical key. When the key is verified,                  Based on the supporting evidence                   under 49 CFR parts 541.5 and 541.6
                                                    the certification ECU, ID code box and                  submitted by Toyota on its device, the                (marking of major component parts and
                                                    steering lock ECU receive confirmation                  agency believes that the antitheft device             replacement parts).
                                                    of the valid key, and the certification                 for the Lexus RX vehicle line is likely                  NHTSA notes that if Toyota wishes in
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                                                    ECU allows the ECM to start the engine.                 to be as effective in reducing and                    the future to modify the device on
                                                    With the RX HV model ‘‘smart entry and                  deterring motor vehicle theft as                      which this exemption is based, the
                                                    start’’ system, once the driver pushes                  compliance with the parts-marking                     company may have to submit a petition
                                                    the power switch button, the                            requirements of the Theft Prevention                  to modify the exemption. Part 543.7(d)
                                                    certification ECU verifies the key, the                 Standard (49 CFR 541). The agency                     states that a Part 543 exemption applies
                                                    certification ECU, ID code box and                      concludes that the device will provide                only to vehicles that belong to a line
                                                    steering lock ECU receive confirmation                  the five types of performance listed in               exempted under this part and equipped
                                                    of a valid key, and then the certification              § 543.6(a)(3): Promoting activation;                  with the antitheft device on which the


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                                                    8594                          Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices

                                                    line’s exemption is based. Further, Part                directed to Kerry Dennis at Internal                    Approved: February 12, 2016.
                                                    543.9(c)(2) provides for the submission                 Revenue Service, Room 6129, 1111                      Kerry Dennis,
                                                    of petitions ‘‘to modify an exemption to                Constitution Avenue NW., Washington,                  IRS Tax Analyst.
                                                    permit the use of an antitheft device                   DC 20224, or through the internet at                  [FR Doc. 2016–03446 Filed 2–18–16; 8:45 am]
                                                    similar to but differing from the one                   Kerry.Dennis@irs.gov.                                 BILLING CODE 4830–01–P
                                                    specified in that exemption.’’                          SUPPLEMENTARY INFORMATION:
                                                       The agency wishes to minimize the                       Title: TD 9451—Guidance Necessary
                                                    administrative burden that Part                         To Facilitate Business Election Filing;               DEPARTMENT OF VETERANS
                                                    543.9(c)(2) could place on exempted                     Finalization of Controlled Group                      AFFAIRS
                                                    vehicle manufacturers and itself. The                   Qualification Rules (TD 9329).
                                                    agency did not intend in drafting Part                     OMB Number: 1545–2019.                             [OMB Control No. 2900–NEW]
                                                    543 to require the submission of a                         Regulation Project Number:
                                                    modification petition for every change                                                                        Agency Information Collection (VA
                                                                                                               Abstract: This document contains a                 Financial Services Center (VA–FSC)
                                                    to the components or design of an                       final regulation that provides guidance
                                                    antitheft device. The significance of                                                                         Vendor File Request Form); Activity
                                                                                                            to taxpayers for determining which                    Under OMB Review
                                                    many such changes could be de                           corporations are included in a
                                                    minimis. Therefore, NHTSA suggests                      controlled group of corporations.                     AGENCY: Financial Services Center,
                                                    that if the manufacturer contemplates                      Current Actions: There are no changes              Department of Veterans Affairs.
                                                    making any changes, the effects of                      to these existing regulations.                        ACTION: Notice.
                                                    which might be characterized as de                         Type of Review: Extension of a
                                                    minimis, it should consult the agency                   currently approved collection.                        SUMMARY:   In compliance with the
                                                    before preparing and submitting a                          Affected Public: Business or other for-            Paperwork Reduction Act (PRA) of 1995
                                                    petition to modify.                                     profit organizations.                                 (44 U.S.C. 3501–3521), this notice
                                                      Issued in Washington, DC, under authority                Estimated Number of Respondents:                   announces that the Department of
                                                    delegated in 49 CFR 1.95.                               225,375.                                              Veterans Affairs—Financial Services
                                                    Raymond R. Posten,                                         Estimated Time per Respondent: 1                   Center (VA–FSC) will submit the
                                                    Associate Administrator for Rulemaking.                 hour, 40 minutes.                                     collection of information abstracted
                                                    [FR Doc. 2016–03443 Filed 2–18–16; 8:45 am]                Estimated Total Annual Burden                      below to the Office of Management and
                                                                                                            Hours: 375,000.                                       Budget (OMB) for review and comment.
                                                    BILLING CODE 4910–59–P
                                                                                                               The following paragraph applies to all             The PRA submission describes the
                                                                                                            of the collections of information covered             nature of the information collection and
                                                                                                            by this notice:                                       its expected cost and burden and
                                                    DEPARTMENT OF THE TREASURY                                                                                    includes the actual data collection
                                                                                                               An agency may not conduct or
                                                    Internal Revenue Service                                sponsor, and a person is not required to              instrument.
                                                                                                            respond to, a collection of information               DATES: Comments must be submitted on
                                                    Proposed Collection; Comment                            unless the collection of information                  or before March 21, 2016.
                                                    Request for Regulation Project                          displays a valid OMB control number.
                                                                                                                                                                  ADDRESSES: Submit written comments
                                                                                                            Books or records relating to a collection
                                                    AGENCY: Internal Revenue Service (IRS),                                                                       on the collection of information through
                                                                                                            of information must be retained as long
                                                    Treasury.                                                                                                     www.Regulations.gov, or to Office of
                                                                                                            as their contents may become material
                                                    ACTION: Notice and request for                                                                                Information and Regulatory Affairs,
                                                                                                            in the administration of any internal
                                                    comments.                                                                                                     Office of Management and Budget, Attn:
                                                                                                            revenue law. Generally, tax returns and
                                                                                                                                                                  VA Desk Officer; 725 17th St. NW.,
                                                                                                            tax return information are confidential,
                                                    SUMMARY:   The Department of the                                                                              Washington, DC 20503 or sent through
                                                                                                            as required by 26 U.S.C. 6103.
                                                    Treasury, as part of its continuing effort                                                                    electronic mail to oira_submission@
                                                                                                               Request for Comments: Comments
                                                    to reduce paperwork and respondent                                                                            omb.eop.gov. Please refer to ‘‘OMB
                                                                                                            submitted in response to this notice will
                                                    burden, invites the general public and                                                                        Control No. 2900–NEW (VA–FSC
                                                                                                            be summarized and/or included in the
                                                    other Federal agencies to take this                                                                           Vendor File Request Form)’’ in any
                                                                                                            request for OMB approval. All
                                                    opportunity to comment on proposed                                                                            correspondence.
                                                                                                            comments will become a matter of
                                                    and/or continuing information                                                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                            public record. Comments are invited on:
                                                    collections, as required by the                                                                               Crystal Rennie, Enterprise Records
                                                                                                            (a) Whether the collection of
                                                    Paperwork Reduction Act of 1995,                                                                              Service (005R1B), Department of
                                                                                                            information is necessary for the proper
                                                    Public Law 104–13 (44 U.S.C.                                                                                  Veterans Affairs, 810 Vermont Avenue
                                                                                                            performance of the functions of the
                                                    3506(c)(2)(A)). Currently, the IRS is                                                                         NW., Washington, DC 20420, (202) 632–
                                                                                                            agency, including whether the
                                                    soliciting comments concerning                                                                                7492 or email crystal.rennie@va.gov.
                                                                                                            information shall have practical utility;
                                                    Guidance Necessary To Facilitate                                                                              Please refer to ‘‘OMB Control No. 2900–
                                                                                                            (b) the accuracy of the agency’s estimate
                                                    Business Election Filing; Finalization of                                                                     NEW (VA–FSC Vendor File Request
                                                                                                            of the burden of the collection of
                                                    Controlled Group Qualification Rules.                                                                         Form)’’ in any correspondence.
                                                                                                            information; (c) ways to enhance the
                                                    DATES: Written comments should be                       quality, utility, and clarity of the                  SUPPLEMENTARY INFORMATION:
                                                    received on or before April 19, 2016 to                 information to be collected; (d) ways to                Title: VA–FSC Vendor File Request
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    be assured of consideration.                            minimize the burden of the collection of              Form.
                                                    ADDRESSES: Direct all written comments                  information on respondents, including                   OMB Control Number: 2900–NEW.
                                                    to Kerry Dennis, Internal Revenue                       through the use of automated collection                 Type of Review: New collection.
                                                    Service, Room 6129, 1111 Constitution                   techniques or other forms of information                Abstract: The mission of the
                                                    Avenue NW., Washington, DC 20224.                       technology; and (e) estimates of capital              Nationwide Vendor File Division of the
                                                    FOR FURTHER INFORMATION CONTACT:                        or start-up costs and costs of operation,             Department of Veterans Affairs—
                                                    Requests for additional information or                  maintenance, and purchase of services                 Financial Services Center (VA–FSC) is
                                                    copies of the regulation should be                      to provide information.                               to add, modify, or delete vendor records


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Document Created: 2018-02-02 14:31:46
Document Modified: 2018-02-02 14:31:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of petition for exemption.
DatesThe exemption granted by this notice is effective beginning with the 2017 model year (MY).
ContactMs. Carlita Ballard, International Policy, Fuel Economy and Consumer Programs, NHTSA, W43-439, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Ballard's phone number is (202) 366-5222. Her fax number is (202) 493-2990.
FR Citation81 FR 8592 

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