82 FR 22053 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Toyota Motor North America, Inc.
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 90 (May 11, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 90 (May 11, 2017)
| Page Range | 22053-22055 | |
| FR Document | 2017-09513 |
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)] [Notices] [Pages 22053-22055] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09513] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Toyota Motor North America, Inc. 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 NX vehicle line in accordance with the 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 Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard). DATES: The exemption granted by this notice is effective beginning with the 2018 model year (MY). FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, International Policy, Fuel Economy and Consumer Programs, NHTSA, W43-439, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's phone number is (202) 366-4139. Her fax number is (202) 493-2990. SUPPLEMENTARY INFORMATION: In a petition dated December 7, 2016, Toyota requested an exemption from the parts-marking requirements of the Theft Prevention Standard for the Lexus NX vehicle line beginning with MY 2018. 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, Toyota provided a detailed description and diagram of the identity, design, and location of the components of the antitheft device for the Lexus NX vehicle line. Toyota stated that its MY 2018 Lexus NX vehicle line and NX hybrid vehicle (HV) model 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 NX vehicle line will have slightly different components than those on its NX HV model. Key components of the ``smart entry and start'' system on the Lexus NX 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 NX 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 NX 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 key fob or its 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 its 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. [[Page 22054]] 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. 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 inner gutter keys would make it difficult to unlock the doors without using a valid key because the key cylinders would spin out and cause the locks to not work. Deactivation of its smart key-installed system occurs when the doors are unlocked and the device recognizes the key code. Specifically, once the driver pushes the engine switch button located on the instrument panel to start the vehicle, 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 NX 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 its ``smart entry and start'' system 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 NX HV model, the ``smart entry and start'' system 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. Toyota stated that the antitheft device has been installed as standard equipment beginning with its MY 2015 Lexus NX vehicle line, including its NX HV model. The theft rate for the Toyota Lexus NX vehicle line is not available. 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 RX vehicle lines using an average of three model years' data (2012-Preliminary 2014) are 1.2975, 1.5408, 0.3164, 0.3455, 0.4711, 0.5133, 0.5605 and 0.4574 respectively. Additionally, Toyota compared the theft rate of its MY 2013 Lexus RX (0.4110) to the overall final theft rate (1.1562 per thousand vehicles produced) for MY 2013 passenger vehicles stolen in calendar year 2013 (published in the Federal Register on November 23, 2015). Therefore, Toyota has concluded that the antitheft device proposed for its Lexus NX 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 NX 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 NX vehicle line is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR part 541). The agency 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 NX 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 Lexus NX 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 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 541.5 and Sec. 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. 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 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 [[Page 22055]] 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. 2017-09513 Filed 5-10-17; 8:45 am] BILLING CODE 4910-59-P
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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
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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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![Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices 22055
consult the agency before preparing and provided a detailed description and started by pushing the engine start/stop
submitting a petition to modify. diagram of the identity, design, and button located to the right of the
Authority: 49 CFR 1.95. location of the components of the steering wheel on the vehicle
antitheft device for the Acura MDX dashboard. The matching code is
Raymond R. Posten, vehicle line. Honda stated that its validated by the IMOES, allowing the
Associate Administrator for Rulemaking. vehicle line will offer a front-wheel engine to start. Honda further states that
[FR Doc. 2017–09513 Filed 5–10–17; 8:45 am] drive and an all-wheel drive variation. if a ‘‘smart entry’’ remote without a
BILLING CODE 4910–59–P Honda further stated that its MY 2018 matching code is placed inside the
Acura MDX vehicle line will be operating range and the engine start/
installed with a transponder-based, stop button is pushed, the PCM will
DEPARTMENT OF TRANSPORTATION engine immobilizer antitheft device as prevent fueling and starting of the
standard equipment. Honda also stated engine. Additionally, the ignition
National Highway Traffic Safety that the MDX vehicle line will be immobilizer telltale indicator will begin
Administration equipped with a ‘‘smart entry with push flashing on the meter panel.
button start’’ ignition system (‘‘smart Honda stated that it will install an
Petition for Exemption From the entry’’) and an audible and visible audible and visible vehicle security
Federal Motor Vehicle Theft Prevention vehicle security system as standard system as standard equipment on all its
Standard; American Honda Motor Co., equipment on the entire line. Key MDX vehicles to monitor any attempts
Inc. components of the antitheft device will of unauthorized entry and to attract
AGENCY: National Highway Traffic include a passive immobilizer, ‘‘smart attention to an unauthorized person
Safety Administration (NHTSA), entry’’ remote, powertrain control attempting to enter its vehicles without
Department of Transportation (DOT). module (PCM) and an Immobilizer the use of a ‘‘smart entry’’ remote or its
ACTION: Grant of petition for exemption. Entry System (IMOES). built-in mechanical door key.
Honda’s submission is considered a Specifically, Honda stated that
SUMMARY: This document grants in full complete petition as required by 49 CFR whenever an attempt is made to open
the American Honda Motor Co., Inc.’s 543.7, in that it meets the general one of its vehicle doors, hood or trunk
(Honda) petition for exemption of the requirements contained in § 543.5 and without using the ‘‘smart entry’’ remote
Acura MDX vehicle line in accordance the specific content requirements of or turning a key in the key cylinder to
with 49 CFR part 543, Exemption from § 543.6. disarm the vehicle, the vehicle’s horn
Vehicle Theft Prevention Standard. This In addressing the specific content will sound and its lights will flash. The
petition is granted because the agency requirements of § 543.6, Honda vehicle security system is activated
has determined that the antitheft device provided information on the reliability when all of the doors are locked and the
to be placed on the line as standard and durability of its proposed device. hood and trunk are closed and locked.
equipment is likely to be as effective in To ensure reliability and durability of Honda’s vehicle security system is
reducing and deterring motor vehicle the device, Honda conducted tests based deactivated by using the key fob buttons
theft as compliance with the parts- on its own specified standards. Honda to unlock the vehicle doors or having
marking requirements of the 49 CFR provided a detailed list of the tests it the ‘‘smart entry’’ remote within
part 541, Federal Motor Vehicle Theft used to validate the integrity, durability operating range when the operator grabs
Prevention Standard (Theft Prevention and reliability of the device and believes either of the vehicle’s front door
Standard). that it follows a rigorous development handles.
process to ensure that its antitheft Honda believes that additional levels
DATES: The exemption granted by this
device will be reliable and robust for the of reliability, durability and security
notice is effective beginning with the life of the vehicle. Honda stated that its will be accomplished because its ‘‘smart
2018 model year (MY). device does not require the presence of entry’’ remote will utilize rolling codes
FOR FURTHER INFORMATION CONTACT: Ms. a ‘‘smart entry’’ remote battery to for the lock and unlock functions of its
Deborah Mazyck, Office of International function nor does it have any moving vehicles. Honda stated that it will also
Policy, Fuel Economy and Consumer parts (i.e., the PCM, IMOES, ignition equip its vehicle line with a hood
Programs, NHTSA, West Building, key, ‘‘smart entry’’ remote and the release located inside the vehicle,
W43–443, 1200 New Jersey Avenue SE., electrical components are found within counterfeit resistant vehicle
Washington, DC 20590. Ms. Mazyck’s its own housing units), which it believes identification number (VIN) plates and
phone number is (202) 366–4139. Her reduces the chance for deterioration and secondary VINs as standard equipment.
fax number is (202) 493–2990. wear from normal use. In support of its belief that its
SUPPLEMENTARY INFORMATION: In a Honda stated that its immobilizer antitheft device will be as or more
petition dated November 22, 2016, device is always active without effective in reducing and deterring
Honda requested an exemption from the requiring any action from the vehicle vehicle theft than the parts-marking
parts-marking requirements of the Theft operator, until the vehicle is started requirement, Honda referenced data
Prevention Standard for the Acura MDX using a matching ‘‘smart entry’’ remote. showing several instances of the
vehicle line beginning with MY 2018. Deactivation occurs when a ‘‘smart effectiveness of its proposed
The petition requested an exemption entry’’ remote with matching codes is immobilizer device. Honda first
from parts-marking pursuant to 49 CFR placed within operating range and the installed an immobilizer device as
part 543, Exemption from Vehicle Theft vehicle is started by pushing the engine standard equipment on its MY 2001
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Prevention Standard, based on the start/stop button. Specifically, Honda Acura MDX vehicles and referenced
installation of an antitheft device as stated that the immobilizer device NHTSA’s theft rate data for MYs 2003–
standard equipment for the entire automatically checks for the 2012 showing a consistent rate of thefts
vehicle line. immobilizer code when the ‘‘smart well below the median of 3.5826 since
Under 49 CFR part 543.5(a), a entry’’ remote is within operating range the installation of its immobilizer
manufacturer may petition NHTSA to (inside the vehicle, close to the doors or device. NHTSA notes that the theft rates
grant an exemption for one vehicle line window or in close proximity outside for MYs 2013 and 2014 MDX vehicle
per model year. In its petition, Honda the vehicle’s exterior) and the vehicle is line are 0.5936 and 0.3209 respectively.
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Document Created: 2017-05-11 00:15:04
Document Modified: 2017-05-11 00:15:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Grant of petition for exemption. | |
| Dates | The exemption granted by this notice is effective beginning with the 2018 model year (MY). | |
| Contact | Ms. Deborah Mazyck, International Policy, Fuel Economy and Consumer Programs, NHTSA, W43-439, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's phone number is (202) 366-4139. Her fax number is (202) 493-2990. | |
| FR Citation | 82 FR 22053 |
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