82_FR_22141 82 FR 22051 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Hyundai America Technical Center, Inc.

82 FR 22051 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Hyundai America Technical Center, Inc.

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 90 (May 11, 2017)

Page Range22051-22053
FR Document2017-09510

This document grants in full the Hyundai America Technical Center, Inc.'s (HATCI) petition for exemption of the Ioniq vehicle line in accordance with the Exemption from the 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 Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard). Hyundai also requested confidential treatment for specific information in its petition. While official notification granting or denying its request for confidential treatment will be address by separate letter, no confidential information provided for purposes of this document has been disclosed.

Federal Register, Volume 82 Issue 90 (Thursday, May 11, 2017)
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Notices]
[Pages 22051-22053]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09510]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Hyundai America Technical Center, Inc.

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

ACTION: Grant of petition for exemption.

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

SUMMARY: This document grants in full the Hyundai America Technical 
Center, Inc.'s (HATCI) petition for exemption of the Ioniq vehicle line 
in accordance with the Exemption from the 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 Federal Motor 
Vehicle Theft Prevention Standard (Theft Prevention Standard). Hyundai 
also requested confidential treatment for specific information in its 
petition. While official notification

[[Page 22052]]

granting or denying its request for confidential treatment will be 
address by separate letter, no confidential information provided for 
purposes of this document has been disclosed.

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, West Building, 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 September 8, 2016, 
Hyundai requested an exemption from the parts-marking requirements of 
the Theft Prevention Standard for its Ioniq 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 543.5(a), a manufacturer may petition NHTSA to grant 
an exemption for one vehicle line per model year. In its petition, 
Hyundai provided a detailed description and diagram of the identity, 
design, and location of the components of the antitheft device for its 
Ioniq vehicle line. Hyundai stated that the MY 2017 Ioniq will include 
electric vehicle (EV), hybrid electric vehicle (HEV), and plug in 
hybrid electric vehicle (PHEV) models in its vehicle line. Hyundai also 
stated that it will offer two types of antitheft immobilizer systems on 
its Ioniq vehicle line. Hyundai further stated that the Ioniq will be 
installed with an immobilizer device as standard equipment on the 
entire vehicle line. Specifically, Hyundai stated that the vehicle line 
will be equipped with either a smart-key type of immobilizer system 
with alarm or a transponder (non-smart key) type of immobilizer system 
with alarm as standard equipment. Key components of the smart-key 
immobilizer system are an engine control unit/engine management system 
(EMS), vehicle control unit (VCU), smart-key unit (SMK), FOB smart-key, 
and a low frequency antenna (LF). Key components of the transponder 
immobilizer system are an engine control unit/engine management system 
(EMS), FOB folding key, immobilizer control unit, and an antenna coil. 
Hyundai further stated that it will offer an audible and visual alarm 
as standard equipment on the vehicle line.
    Hyundai'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, 
Hyundai provided information on the reliability and durability of the 
device. Hyundai conducted and completed component tests for both 
antitheft immobilizer systems in accordance with the UNECE R-116.00, 
UNECE R-10.04, Korean standards 41.5.1, 41.5.2, 41.5.3, and Hyundai in-
house standards TDP Electronic 02-02-14 and 02-03-25. Hyundai stated 
that all testing met its standard requirements. Hyundai stated that its 
smart-key immobilizer system is a push button system that starts or 
stops the engine through an encrypted authentication and authorization 
process of communication between the FOB smart-key and the SMK. Hyundai 
stated that the SMK manages all functions related to the communication 
between the start/stop button, the FOB key and the VCU or EMS. The SMK 
communicates with the FOB smart-key by generating an encrypted request 
as a modulated low frequency signal that the LF antenna outputs to the 
FOB smart-key. Hyundai stated that when the two encoded keys coincide 
with each other, the vehicle can be started, stopped and operated in 
accessory mode. Activation of the smart-key immobilizer system occurs 
when the start/stop button is pushed to the ``OFF'' status and when the 
electronic key code of the FOB key is removed from the smart-key 
immobilizer control unit or from the vehicle.
    According to Hyundai, the smart-key immobilizer system allows the 
driver/operator to access and operate the vehicle by using a valid FOB 
key. No other actions by a mechanical key or a remote control unit are 
required. Hyundai stated that if a valid FOB key is in the range 
defined by this device, the device will automatically detect and 
authenticate the FOB via wireless communication between the FOB key and 
the smart-key immobilizer unit. If communication is authenticated, the 
device will allow passive accessibility to the doors and/or trunk, and/
or passive locking of all the doors. The audible and visual alarm 
system is also automatically activated when the FOB key is removed from 
the smart-key immobilizer control unit, all vehicle doors and the hood 
are closed, and all the doors are locked. If the device is armed and 
unauthorized entry is attempted, the vehicle's horn will sound and the 
hazard lamps will flash.
    Hyundai stated that its transponder key immobilizer system is a FOB 
key immobilizer system that starts or stops the engine through an 
encrypted authorization process between the FOB key, the immobilizer, 
and the EMS. Hyundai stated that the system enables the start and stop 
of the vehicle by insertion of a key into the ignition. Activation of 
the device occurs when the ignition switch is turned to the ``OFF'' 
position. Deactivation occurs when the ignition key is turned to the 
``ON'' position. The transponder in the FOB key transmits an ID code to 
the immobilizer unit via the immobilizer coil; the EMS then transmits a 
question code to the immobilizer unit using a serial line. The 
immobilizer unit then transmits the answer code it received from the 
FOB key to the EMS. If the key is validated, the EMS enables the engine 
to start or prevents the engine from starting if the key is not 
validated.
    In support of its petition, Hyundai referenced a JP Research Report 
on the effectiveness of parts-marking, which looked at the relative 
effectiveness of parts-marking and antitheft devices. The study 
concluded that for the 24 model lines used in its analysis, antitheft 
devices were 70% more effective than parts-marking in deterring theft. 
Based on the report, Hyundai also referenced the theft rates of other 
manufacturers' vehicle lines, i.e., the Lincoln Town Car, Mazda MX-5 
Miata, Mercedes-Benz E210, and the Mazda 3, that were exempted from the 
theft prevention standard. Hyundai stated that it believes the report 
showed that the installation of antitheft devices is at least as 
effective as complying with parts-marking requirements in reducing and 
deterring vehicle thefts. The theft rates for these lines using an 
average of three model years' data (2011-2013) are 1.0557, 0.2148, 
0.9883, and 1.3535 respectively.
    Based on the evidence submitted by Hyundai, the agency believes 
that the antitheft device for the Ioniq 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

[[Page 22053]]

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 
supporting 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 Hyundai has provided adequate reasons for its belief that 
the antitheft device for the Hyundai Ioniq 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 
Hyundai provided about its device.
    For the foregoing reasons, the agency hereby grants in full 
Hyundai's petition for an exemption for the Ioniq 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 
543.7(f) contains publication requirements with respect 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 Hyundai decides not to use the exemption for this vehicle line, 
it must formally notify the agency. If such a decision is made, the 
vehicle line must be fully marked as required by 49 CFR 541.5 and Sec.  
541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if Hyundai 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 antitheft 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 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 CFR 1.95.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-09510 Filed 5-10-17; 8:45 am]
BILLING CODE 4910-59-P



                                                                                   Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices                                                  22051

                                                    petition is shown in the heading of this                   V. Summary of Autoliv’s Petition:                  noncompliance, as required by 49
                                                    notice.                                                 Autoliv described the subject                         U.S.C. 30120, should be granted.
                                                       DOT’s complete Privacy Act                           noncompliance and stated its belief that                 NHTSA notes that the statutory
                                                    Statement is available for review in a                  the noncompliance is inconsequential                  provisions (49 U.S.C. 30118(d) and
                                                    Federal Register notice published on                    as it relates to motor vehicle safety.                30120(h)) that permit manufacturers to
                                                    April 11, 2000, (65 FR 19477–78).                          In support of its petition, Autoliv                file petitions for a determination of
                                                    SUPPLEMENTARY INFORMATION:                              submitted the following reasoning:                    inconsequentiality allow NHTSA to
                                                       I. Overview: Autoliv, Inc. (Autoliv),                   (a) ELR is Voluntarily Equipped with               exempt manufacturers only from the
                                                    has determined that certain Autoliv seat                a Webbing Sensitive Locking                           duties found in sections 30118 and
                                                                                                            Mechanism: The ELR also contains a                    30120, respectively, to notify owners,
                                                    belt assemblies do not fully comply
                                                                                                            voluntary webbing sensitive locking                   purchasers, and dealers of a defect or
                                                    with paragraph S4.3(j)(2)(i) of Federal
                                                                                                            mechanism. The webbing sensitive                      noncompliance and to remedy the
                                                    Motor Vehicle Safety Standard (FMVSS)
                                                                                                            locking mechanism is designed to lock                 defect or noncompliance. Therefore, any
                                                    No. 209, Seat Belt Assemblies. Autoliv
                                                                                                            at approximately 1.4–2.0g with no more                decision on this petition only applies to
                                                    filed a noncompliance report dated
                                                                                                            than 50mm webbing payout. The                         the subject seat belt assemblies that
                                                    December 1, 2016, pursuant to 49 CFR
                                                                                                            webbing-sensitive locking mechanism                   Autoliv no longer controlled at the time
                                                    part 573, Defect and Noncompliance
                                                                                                            was designed to meet the requirements                 it determined that the noncompliance
                                                    Responsibility and Reports. Autoliv also
                                                                                                            of other non-US markets.                              existed. However, any decision on this
                                                    petitioned NHTSA on December 23,
                                                                                                               (b) Necessary Reliance on Automaker                petition does not relieve vehicle
                                                    2016, pursuant to 49 U.S.C. 30118(d)
                                                                                                            In-Vehicle Assessments to Support                     distributors, equipment distributors and
                                                    and 30120(h) and 49 CFR part 556, for
                                                                                                            Autoliv’s Petition: With regard to the                dealers of the prohibitions on the sale,
                                                    an exemption from the notification and
                                                                                                            effect of the ELR on the retractor locking            offer for sale, or introduction or delivery
                                                    remedy requirements of 49 U.S.C.
                                                                                                            performance of the seatbelt, as the                   for introduction into interstate
                                                    Chapter 301 on the basis that this
                                                                                                            equipment manufacturer, Autoliv is not                commerce of the noncompliant safety
                                                    noncompliance is inconsequential as it
                                                                                                            in a position to provide testing and data             belt assemblies under their control after
                                                    relates to motor vehicle safety.
                                                                                                            on in-vehicle performance issues.                     Autoliv notified them that the subject
                                                       This notice of receipt of Autoliv’s
                                                                                                            However, Autoliv has consulted on and                 noncompliance existed.
                                                    petition is published under 49 U.S.C.
                                                    30118 and 30120 and does not represent                  reviewed the testing performed by both                  Authority: 49 U.S.C. 30118, 30120:
                                                    any agency decision or other exercise of                BMW and JLR and even participated in                  delegations of authority at 49 CFR 1.95 and
                                                                                                            some of the testing. Autoliv believes the             501.8.
                                                    judgment concerning the merits of the
                                                    petition.                                               tests substantiate the claims set forth in            Jeffrey M. Giuseppe,
                                                       II. Seat Belt Assemblies Involved:                   both the BMW petition and JLR petition.               Director, Office of Vehicle Safety Compliance.
                                                    Approximately 31,682 Autoliv R230.2                     Therefore, Autoliv adopts and                         [FR Doc. 2017–09498 Filed 5–10–17; 8:45 am]
                                                    and R200.2 front seat LH10° seat belt                   incorporates by reference, the test
                                                                                                                                                                  BILLING CODE 4910–59–P
                                                    assemblies manufactured between May                     results summarized in both the BMW
                                                    6, 2016, and October 18, 2016, are                      and JLR petitions.
                                                    potentially involved. Autoliv sold the                     (c) Owner Contacts to Autoliv: Autoliv             DEPARTMENT OF TRANSPORTATION
                                                    subject seat belt assemblies to BMW of                  has not received any contacts from
                                                    North America, LLC and Jaguar Land                      vehicle owners regarding this issue.                  National Highway Traffic Safety
                                                    Rover North America, LLC for                               (d) Accidents/Injuries: Autoliv is not             Administration
                                                    installation in their vehicles (‘‘affected              aware of any accidents or injuries that
                                                    vehicles’’).                                            have occurred as a result of this issue.              Petition for Exemption From the
                                                       III. Noncompliance: Autoliv explains                    (e) Prior NHTSA Rulings re                         Federal Motor Vehicle Theft Prevention
                                                    that the noncompliance is that the                      Manufacturer Petitions: NHTSA                         Standard; Hyundai America Technical
                                                    Emergency Locking Retractor (ELR) in                    previously granted a petition from                    Center, Inc.
                                                    the subject safety belt assemblies are                  General Motors (GM) on a very similar                 AGENCY: National Highway Traffic
                                                    equipped with a vehicle-sensitive                       issue. [69 FR 19897, Docket No.                       Safety Administration (NHTSA),
                                                    locking mechanism which does not lock                   NHTSA–2002–12366, Apr 14, 2004].                      Department of Transportation (DOT).
                                                    as designed when subjected to the                       GM provided test results and analyses                 ACTION: Grant of petition for exemption.
                                                    requirements of paragraph S4.3(j)(2)(ii)                indicating that while there existed a
                                                    of FMVSS No. 209.                                       non-functional vehicle sensitive locking              SUMMARY:   This document grants in full
                                                       IV. Rule Text: Paragraph S4.3 of                     mechanism within the safety belt                      the Hyundai America Technical Center,
                                                    FMVSS No. 209 states in pertinent part:                 assembly ELR, the webbing sensitive                   Inc.’s (HATCI) petition for exemption of
                                                                                                            locking mechanism provided                            the Ioniq vehicle line in accordance
                                                      S4.3 Requirements for hardware . . .
                                                      (j) Emergency-locking retractor . . .
                                                                                                            comparable restraint performance to                   with the Exemption from the Theft
                                                      (2) For seat belt assemblies manufactured             that of a fully functional vehicle                    Prevention Standard. This petition is
                                                    on or after February 22, 2007 and for                   sensitive locking mechanism.                          granted because the agency has
                                                    manufacturers opting for early compliance.                 (f) Autoliv Production: Autoliv                    determined that the antitheft device to
                                                    An emergency-locking retractor of a Type 1              production has been corrected to fully                be placed on the line as standard
                                                    or Type 2 seat belt assembly, when tested in            conform to FMVSS No. 209 Sections                     equipment is likely to be as effective in
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                                                    accordance with the procedures specified in             4.3(j)(2)(i) and (ii).                                reducing and deterring motor vehicle
                                                    paragraph S5.2(j)(2) . . .                                 Autoliv concluded by expressing the                theft as compliance with the parts-
                                                      (ii) Shall lock before the webbing payout             belief that the subject noncompliance is              marking requirements of the Federal
                                                    exceeds the maximum limit of 25 mm when
                                                    the retractor is subjected to an acceleration of
                                                                                                            inconsequential as it relates to motor                Motor Vehicle Theft Prevention
                                                    0.7 g under the applicable test conditions of           vehicle safety, and that its petition to be           Standard (Theft Prevention Standard).
                                                    S5.2(j)(2)(iii)(A) or (B). The retractor is             exempted from providing notification of               Hyundai also requested confidential
                                                    determined to be locked when the webbing                the noncompliance, as required by 49                  treatment for specific information in its
                                                    belt load tension is at least 35 N.                     U.S.C. 30118, and a remedy for the                    petition. While official notification


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                                                    22052                          Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices

                                                    granting or denying its request for                     alarm as standard equipment on the                    attempted, the vehicle’s horn will sound
                                                    confidential treatment will be address                  vehicle line.                                         and the hazard lamps will flash.
                                                    by separate letter, no confidential                        Hyundai’s submission is considered a                  Hyundai stated that its transponder
                                                    information provided for purposes of                    complete petition as required by 49 CFR               key immobilizer system is a FOB key
                                                    this document has been disclosed.                       543.7, in that it meets the general                   immobilizer system that starts or stops
                                                                                                            requirements contained in § 543.5 and                 the engine through an encrypted
                                                    DATES:  The exemption granted by this
                                                                                                            the specific content requirements of                  authorization process between the FOB
                                                    notice is effective beginning with the
                                                                                                            § 543.6.                                              key, the immobilizer, and the EMS.
                                                    2017 model year (MY).                                      In addressing the specific content                 Hyundai stated that the system enables
                                                    FOR FURTHER INFORMATION CONTACT:      Ms.               requirements of § 543.6, Hyundai                      the start and stop of the vehicle by
                                                    Carlita Ballard, International Policy,                  provided information on the reliability               insertion of a key into the ignition.
                                                    Fuel Economy and Consumer Programs,                     and durability of the device. Hyundai                 Activation of the device occurs when
                                                    NHTSA, West Building, W43–439, 1200                     conducted and completed component                     the ignition switch is turned to the
                                                    New Jersey Avenue SE., Washington,                      tests for both antitheft immobilizer                  ‘‘OFF’’ position. Deactivation occurs
                                                    DC 20590. Ms. Ballard’s phone number                    systems in accordance with the UNECE                  when the ignition key is turned to the
                                                    is (202) 366–5222. Her fax number is                    R–116.00, UNECE R–10.04, Korean                       ‘‘ON’’ position. The transponder in the
                                                    (202) 493–2990.                                         standards 41.5.1, 41.5.2, 41.5.3, and                 FOB key transmits an ID code to the
                                                    SUPPLEMENTARY INFORMATION:       In a                   Hyundai in-house standards TDP                        immobilizer unit via the immobilizer
                                                    petition dated September 8, 2016,                       Electronic 02–02–14 and 02–03–25.                     coil; the EMS then transmits a question
                                                    Hyundai requested an exemption from                     Hyundai stated that all testing met its               code to the immobilizer unit using a
                                                    the parts-marking requirements of the                   standard requirements. Hyundai stated                 serial line. The immobilizer unit then
                                                    Theft Prevention Standard for its Ioniq                 that its smart-key immobilizer system is              transmits the answer code it received
                                                    vehicle line beginning with MY 2017.                    a push button system that starts or stops             from the FOB key to the EMS. If the key
                                                    The petition requested an exemption                     the engine through an encrypted                       is validated, the EMS enables the engine
                                                    from parts-marking pursuant to 49 CFR                   authentication and authorization                      to start or prevents the engine from
                                                    part 543, Exemption from Vehicle Theft                  process of communication between the                  starting if the key is not validated.
                                                                                                            FOB smart-key and the SMK. Hyundai                       In support of its petition, Hyundai
                                                    Prevention Standard, based on the
                                                                                                            stated that the SMK manages all                       referenced a JP Research Report on the
                                                    installation of an antitheft device as
                                                                                                            functions related to the communication                effectiveness of parts-marking, which
                                                    standard equipment for the entire
                                                                                                            between the start/stop button, the FOB                looked at the relative effectiveness of
                                                    vehicle line.
                                                                                                            key and the VCU or EMS. The SMK                       parts-marking and antitheft devices. The
                                                       Under 49 CFR 543.5(a), a                             communicates with the FOB smart-key                   study concluded that for the 24 model
                                                    manufacturer may petition NHTSA to                      by generating an encrypted request as a               lines used in its analysis, antitheft
                                                    grant an exemption for one vehicle line                 modulated low frequency signal that the               devices were 70% more effective than
                                                    per model year. In its petition, Hyundai                LF antenna outputs to the FOB smart-                  parts-marking in deterring theft. Based
                                                    provided a detailed description and                     key. Hyundai stated that when the two                 on the report, Hyundai also referenced
                                                    diagram of the identity, design, and                    encoded keys coincide with each other,                the theft rates of other manufacturers’
                                                    location of the components of the                       the vehicle can be started, stopped and               vehicle lines, i.e., the Lincoln Town Car,
                                                    antitheft device for its Ioniq vehicle                  operated in accessory mode. Activation                Mazda MX–5 Miata, Mercedes-Benz
                                                    line. Hyundai stated that the MY 2017                   of the smart-key immobilizer system                   E210, and the Mazda 3, that were
                                                    Ioniq will include electric vehicle (EV),               occurs when the start/stop button is                  exempted from the theft prevention
                                                    hybrid electric vehicle (HEV), and plug                 pushed to the ‘‘OFF’’ status and when                 standard. Hyundai stated that it believes
                                                    in hybrid electric vehicle (PHEV)                       the electronic key code of the FOB key                the report showed that the installation
                                                    models in its vehicle line. Hyundai also                is removed from the smart-key                         of antitheft devices is at least as
                                                    stated that it will offer two types of                  immobilizer control unit or from the                  effective as complying with parts-
                                                    antitheft immobilizer systems on its                    vehicle.                                              marking requirements in reducing and
                                                    Ioniq vehicle line. Hyundai further                        According to Hyundai, the smart-key                deterring vehicle thefts. The theft rates
                                                    stated that the Ioniq will be installed                 immobilizer system allows the driver/                 for these lines using an average of three
                                                    with an immobilizer device as standard                  operator to access and operate the                    model years’ data (2011–2013) are
                                                    equipment on the entire vehicle line.                   vehicle by using a valid FOB key. No                  1.0557, 0.2148, 0.9883, and 1.3535
                                                    Specifically, Hyundai stated that the                   other actions by a mechanical key or a                respectively.
                                                    vehicle line will be equipped with                      remote control unit are required.                        Based on the evidence submitted by
                                                    either a smart-key type of immobilizer                  Hyundai stated that if a valid FOB key                Hyundai, the agency believes that the
                                                    system with alarm or a transponder                      is in the range defined by this device,               antitheft device for the Ioniq vehicle
                                                    (non-smart key) type of immobilizer                     the device will automatically detect and              line is likely to be as effective in
                                                    system with alarm as standard                           authenticate the FOB via wireless                     reducing and deterring motor vehicle
                                                    equipment. Key components of the                        communication between the FOB key                     theft as compliance with the parts-
                                                    smart-key immobilizer system are an                     and the smart-key immobilizer unit. If                marking requirements of the Theft
                                                    engine control unit/engine management                   communication is authenticated, the                   Prevention Standard (49 CFR 541). The
                                                    system (EMS), vehicle control unit                      device will allow passive accessibility               agency concludes that the device will
                                                    (VCU), smart-key unit (SMK), FOB                        to the doors and/or trunk, and/or                     provide the five types of performance
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                                                    smart-key, and a low frequency antenna                  passive locking of all the doors. The                 listed in § 543.6(a)(3): Promoting
                                                    (LF). Key components of the                             audible and visual alarm system is also               activation; attracting attention to the
                                                    transponder immobilizer system are an                   automatically activated when the FOB                  efforts of unauthorized persons to enter
                                                    engine control unit/engine management                   key is removed from the smart-key                     or operate a vehicle by means other than
                                                    system (EMS), FOB folding key,                          immobilizer control unit, all vehicle                 a key; preventing defeat or
                                                    immobilizer control unit, and an                        doors and the hood are closed, and all                circumvention of the device by
                                                    antenna coil. Hyundai further stated                    the doors are locked. If the device is                unauthorized persons; preventing
                                                    that it will offer an audible and visual                armed and unauthorized entry is                       operation of the vehicle by


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                                                                                   Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices                                            22053

                                                    unauthorized entrants; and ensuring the                 from the one specified in that                        marking requirements of the Theft
                                                    reliability and durability of the device.               exemption.                                            Prevention Standard for the Lexus NX
                                                       Pursuant to 49 U.S.C. 33106 and 49                      The agency wishes to minimize the                  vehicle line beginning with MY 2018.
                                                    CFR 543.7(b), the agency grants a                       administrative burden that § 543.9(c)(2)              The petition requested an exemption
                                                    petition for exemption from the parts-                  could place on exempted vehicle                       from parts-marking pursuant to 49 CFR
                                                    marking requirements of part 541, either                manufacturers and itself. The agency                  part 543, Exemption from Vehicle Theft
                                                    in whole or in part, if it determines that,             did not intend part 543 to require the                Prevention Standard, based on the
                                                    based upon supporting evidence, the                     submission of a modification petition                 installation of an antitheft device as
                                                    standard equipment antitheft device is                  for every change to the components or                 standard equipment for the entire
                                                    likely to be as effective in reducing and               design of an antitheft device. The                    vehicle line.
                                                    deterring motor vehicle theft as                        significance of many such changes                        Under 49 CFR 543.5(a), a
                                                    compliance with the parts-marking                       could be de minimis. Therefore, NHTSA                 manufacturer may petition NHTSA to
                                                    requirements of part 541. The agency                    suggests that if the manufacturer                     grant an exemption for one vehicle line
                                                    finds that Hyundai has provided                         contemplates making any changes the                   per model year. In its petition, Toyota
                                                    adequate reasons for its belief that the                effects of which might be characterized               provided a detailed description and
                                                    antitheft device for the Hyundai Ioniq                  as de minimis, it should consult the                  diagram of the identity, design, and
                                                    vehicle line is likely to be as effective               agency before preparing and submitting                location of the components of the
                                                    in reducing and deterring motor vehicle                 a petition to modify.                                 antitheft device for the Lexus NX
                                                    theft as compliance with the parts-                                                                           vehicle line. Toyota stated that its MY
                                                                                                              Authority: 49 CFR 1.95.
                                                    marking requirements of the Theft                                                                             2018 Lexus NX vehicle line and NX
                                                    Prevention Standard (49 CFR part 541).                  Raymond R. Posten,                                    hybrid vehicle (HV) model will be
                                                    This conclusion is based on the                         Associate Administrator for Rulemaking.               installed with a ‘‘smart entry and start’’
                                                    information Hyundai provided about its                  [FR Doc. 2017–09510 Filed 5–10–17; 8:45 am]           system and an engine immobilizer
                                                    device.                                                 BILLING CODE 4910–59–P
                                                                                                                                                                  device as standard equipment. Toyota
                                                       For the foregoing reasons, the agency                                                                      further explained that the ‘‘smart entry
                                                    hereby grants in full Hyundai’s petition                                                                      and start’’ system on its Lexus NX
                                                    for an exemption for the Ioniq vehicle                  DEPARTMENT OF TRANSPORTATION                          vehicle line will have slightly different
                                                    line from the parts-marking                                                                                   components than those on its NX HV
                                                    requirements of 49 CFR part 541. The                    National Highway Traffic Safety                       model. Key components of the ‘‘smart
                                                                                                            Administration                                        entry and start’’ system on the Lexus NX
                                                    agency notes that 49 CFR part 541,
                                                                                                                                                                  vehicle line will include an engine
                                                    Appendix A–1, identifies those lines                    Petition for Exemption From the                       immobilizer, a certification electronic
                                                    that are exempted from the Theft                        Federal Motor Vehicle Theft Prevention                control unit (ECU), engine switch,
                                                    Prevention Standard for a given model                   Standard; Toyota Motor North                          steering lock ECU, security indicator,
                                                    year. 49 CFR 543.7(f) contains                          America, Inc.                                         door control receiver, electrical key, an
                                                    publication requirements with respect
                                                                                                            AGENCY: National Highway Traffic                      electronic control module (ECM) and an
                                                    to the disposition of all part 543
                                                                                                            Safety Administration, Department of                  ID code box. The key components
                                                    petitions. Advanced listing, including
                                                                                                            Transportation (DOT).                                 installed on its NX HV model will also
                                                    the release of future product
                                                                                                                                                                  include a power switch and a power
                                                    nameplates, the beginning model year                    ACTION: Grant of petition for exemption.
                                                                                                                                                                  source HV–ECU. Toyota stated that it
                                                    for which the petition is granted and a                                                                       will also install an audible and visual
                                                    general description of the antitheft                    SUMMARY:   This document grants in full
                                                                                                            the Toyota Motor North America, Inc.’s                alarm system on its Lexus NX vehicle
                                                    device is necessary in order to notify                                                                        line as standard equipment and that
                                                    law enforcement agencies of new                         (Toyota) petition for an exemption of
                                                                                                            the Lexus NX vehicle line in accordance               there will be position switches installed
                                                    vehicle lines exempted from the parts-                                                                        on the vehicle to protect the hood and
                                                    marking requirements of the Theft                       with the Exemption from Vehicle Theft
                                                                                                            Prevention Standard. This petition is                 doors from unauthorized tampering/
                                                    Prevention Standard.                                                                                          opening. Toyota further explained
                                                       If Hyundai decides not to use the                    granted because the agency has
                                                                                                            determined that the antitheft device to               locking of the doors can be
                                                    exemption for this vehicle line, it must                                                                      accomplished through use of a
                                                    formally notify the agency. If such a                   be placed on the line as standard
                                                                                                            equipment is likely to be as effective in             conventional key, wireless switch
                                                    decision is made, the vehicle line must                                                                       incorporated within the key fob or its
                                                    be fully marked as required by 49 CFR                   reducing and deterring motor vehicle
                                                                                                            theft as compliance with the parts-                   smart entry system, and that
                                                    541.5 and § 541.6 (marking of major                                                                           unauthorized tampering with the hood
                                                    component parts and replacement                         marking requirements of the Federal
                                                                                                            Motor Vehicle Theft Prevention                        or door without using one of these
                                                    parts).                                                                                                       methods will cause the position
                                                       NHTSA notes that if Hyundai wishes                   Standard (Theft Prevention Standard).
                                                                                                                                                                  switches to trigger its alarm system.
                                                    in the future to modify the device on                   DATES: The exemption granted by this
                                                                                                                                                                     Toyota’s submission is considered a
                                                    which this exemption is based, the                      notice is effective beginning with the                complete petition as required by 49 CFR
                                                    company may have to submit a petition                   2018 model year (MY).                                 543.7 in that it meets the general
                                                    to modify the exemption. Section                        FOR FURTHER INFORMATION CONTACT: Ms.                  requirements contained in § 543.5 and
                                                    543.7(d) states that a part 543 exemption               Deborah Mazyck, International Policy,                 the specific content requirements of
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                                                    applies only to vehicles that belong to                 Fuel Economy and Consumer Programs,                   § 543.6.
                                                    a line exempted under this part and                     NHTSA, W43–439, 1200 New Jersey                          In addressing the specific content
                                                    equipped with the antitheft device on                   Avenue SE., Washington, DC 20590. Ms.                 requirements of § 543.6, Toyota
                                                    which the line’s exemption is based.                    Mazyck’s phone number is (202) 366–                   provided information on the reliability
                                                    Further, § 543.9(c)(2) provides for the                 4139. Her fax number is (202) 493–2990.               and durability of its proposed device.
                                                    submission of petitions to modify an                    SUPPLEMENTARY INFORMATION: In a                       To ensure reliability and durability of
                                                    exemption to permit the use of an                       petition dated December 7, 2016, Toyota               the device, Toyota conducted tests
                                                    antitheft device similar to but differing               requested an exemption from the parts-                based on its own specified standards.


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Document Created: 2017-05-11 00:14:39
Document Modified: 2017-05-11 00:14:39
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, West Building, 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 Citation82 FR 22051 

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