82 FR 48743 - 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 201 (October 19, 2017)

Page Range		48743-48744
FR Document		2017-22657

This document grants in full the Toyota Motor North America, Inc.'s, (Toyota) petition for an exemption of the Avalon vehicle line. 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).

Federal Register, Volume 82 Issue 201 (Thursday, October 19, 2017)

[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Notices]
[Pages 48743-48744]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22657]


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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 Avalon vehicle line. 
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 applicable beginning 
with the 2019 model year (MY).

FOR FURTHER INFORMATION CONTACT: Hisham Mohamed, International Policy, 
Fuel Economy and Consumer Programs, NHTSA, W43-437, 1200 New Jersey 
Avenue SE., Washington, DC 20590. Mr. Mohamed's phone number is (202) 
366-0307. His fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated June 19, 2017, Toyota 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for the Avalon vehicle line beginning with MY 2019. 
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 Avalon vehicle line. Toyota stated that its MY 2019 
Avalon vehicle line will be installed with a ``smart entry and start'' 
system and an engine immobilizer as standard equipment. Key components 
of the ``smart entry and start'' system device on the Avalon vehicle 
line will include, a certification electronic control unit (ECU), 
engine switch, steering lock ECU, security indicator, door control 
receiver, electrical key, an engine immobilizer and an electronic 
control module (ECM). Toyota stated that there will also be position 
switches installed on the vehicle to protect the hood and doors from 
unauthorized tampering/opening. Toyota further explained that locking 
the doors can be accomplished through use of a key, wireless switch 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 antitheft device to operate. Toyota stated that 
it will not incorporate an audible and visual alarm system as standard 
equipment on its trim-line vehicles.
    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 operation, overvoltage, 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 there are approximately 10,000 combinations for 
inner cut keys which makes it difficult to unlock the doors without 
using a valid key because the key cylinders would spin out and cause 
the locks to not operate.
    Toyota stated that its ``smart entry and start system'' device is 
activated when the engine switch is pushed from the

[[Page 48744]]

``ON'' ignition status to any other status. The certification ECU then 
performs the calculation for the immobilizer and the immobilizer 
signals the ECM to activate the device. Toyota also stated that key 
verification is also performed after the driver pushes the engine 
switch. Specifically, after the driver pushes the engine switch, the 
certification ECU and steering lock ECU receive confirmation of a valid 
key, and the certification ECU allows the ECM to start the engine. 
Toyota also stated that in the ``smart entry and start system'' 
installed vehicle, a security indicator notifies the users and others 
inside and outside the vehicle with the status of the immobilizer. 
Toyota further explained that the security indicator flashes 
continuously when the immobilizer is activated, and turns off when it 
is deactivated.
    Toyota stated that the proposed antitheft device has also been 
installed as standard equipment on its Avalon vehicle line beginning 
with its MY 2015 vehicles. The theft rate for the MY 2015 Avalon 
vehicle line is not available. However, Toyota 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. Toyota compared its proposed device to that 
which has been installed on the Nissan Altima and granted a parts-
marking exemption from 49 CFR part 541 by the agency beginning with its 
MY 2000 vehicles. Toyota also referenced the NHTSA theft rate data 
published for several years before and after the Nissan Altima was 
equipped with a standard immobilizer device. Specifically, Toyota 
stated that the publication showed that the average theft rate for the 
Nissan Altima dropped to 3.0 per 1,000 cars produced between MY's 2000-
2006 compared to 5.3 per 1,000 cars produced between MY's 1996-1999. 
This represents approximately a 43% decrease in the theft rate for the 
Nissan Altima vehicle line installed with an immobilizer between MY's 
2000-2006 as compared to the Nissan Altima vehicle line without an 
immobilizer between MY's 1996-1999. The theft rates for the Nissan 
Altima vehicle line using an average of three model years' data (2012-
2014) are 2.4207, 1.7598 and 2.1212 respectively, all well below the 
median theft rate of 3.5826. Therefore, Toyota has concluded that the 
antitheft device proposed for its Avalon 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 device as 
standard equipment reduces the theft rate for the Avalon vehicle line 
and expects it 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 Avalon 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 four of the five types of performance listed in 
Sec.  543.6(a)(3): Promoting activation; preventing defeat or 
circumvention of the device by unauthorized persons; preventing 
operation of the vehicle by unauthorized entrants; and ensuring the 
reliability and durability of the device.
    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 Avalon 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 Avalon 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 
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. 2017-22657 Filed 10-18-17; 8:45 am]
 BILLING CODE 4910-59-P

Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Notices 48743

device for the vehicle line is likely to be making any changes, the effects of diagram of the identity, design, and
as effective in reducing and deterring which might be characterized as de location of the components of the
motor vehicle theft as compliance with minimis, it should consult the agency antitheft device for the Avalon vehicle
the parts-marking requirements of the before preparing and submitting a line. Toyota stated that its MY 2019
Theft Prevention Standard (49 CFR part petition to modify. Avalon vehicle line will be installed
541). This conclusion is based on the Issued in Washington, DC, under authority with a ‘‘smart entry and start’’ system
information FCA provided about its delegated in 49 CFR part 1.95. and an engine immobilizer as standard
device. Raymond R. Posten, equipment. Key components of the
For the foregoing reasons, the agency Associate Administrator for Rulemaking. ‘‘smart entry and start’’ system device
hereby grants in full FCA’s petition for on the Avalon vehicle line will include,
[FR Doc. 2017–22659 Filed 10–18–17; 8:45 am]
exemption for its Jeep Wrangler vehicle a certification electronic control unit
BILLING CODE 4910–59–P
line from the parts-marking (ECU), engine switch, steering lock ECU,
requirements of 49 CFR part 541, security indicator, door control receiver,
beginning with its MY 2018 Jeep electrical key, an engine immobilizer
DEPARTMENT OF TRANSPORTATION
Wrangler vehicles. The agency notes and an electronic control module
that 49 CFR part 541, Appendix A–1, National Highway Traffic Safety (ECM). Toyota stated that there will also
identifies those lines that are exempted Administration be position switches installed on the
from the Theft Prevention Standard for vehicle to protect the hood and doors
a given model year. 49 CFR part 543.7(f) Petition for Exemption From the from unauthorized tampering/opening.
contains publication requirements Federal Motor Vehicle Theft Prevention Toyota further explained that locking
incident to the disposition of all part Standard; Toyota Motor North the doors can be accomplished through
543 petitions. Advanced listing, America, Inc. use of a key, wireless switch or its smart
including the release of future product entry system, and that unauthorized
nameplates, the beginning model year AGENCY: National Highway Traffic
tampering with the hood or door
for which the petition is granted and a Safety Administration, Department of
without using one of these methods will
general description of the antitheft Transportation (DOT).
cause the position switches to trigger its
device is necessary in order to notify ACTION: Grant of petition for exemption. antitheft device to operate. Toyota
law enforcement agencies of new SUMMARY: This document grants in full stated that it will not incorporate an
vehicle lines exempted from the parts the Toyota Motor North America, Inc.’s, audible and visual alarm system as
marking requirements of the Theft (Toyota) petition for an exemption of standard equipment on its trim-line
Prevention Standard. FCA stated that an the Avalon vehicle line. This petition is vehicles.
official nameplate for the vehicle has granted because the agency has Toyota’s submission is considered a
not yet been determined. determined that the antitheft device to complete petition as required by 49 CFR
If FCA decides not to use the 543.7 in that it meets the general
be placed on the line as standard
exemption for this vehicle line, it must requirements contained in § 543.5 and
equipment is likely to be as effective in
formally notify the agency. If such a the specific content requirements of
reducing and deterring motor vehicle
decision is made, the vehicle line must § 543.6.
theft as compliance with the parts-
be fully marked as required by 49 CFR In addressing the specific content
marking requirements of the Federal
parts 541.5 and 541.6 (marking of major requirements of § 543.6, Toyota
Motor Vehicle Theft Prevention
component parts and replacement provided information on the reliability
Standard (Theft Prevention Standard).
parts). and durability of its proposed device.
NHTSA notes that if FCA wishes in DATES: The exemption granted by this
To ensure reliability and durability of
the future to modify the device on notice is applicable beginning with the the device, Toyota conducted tests
which this exemption is based, the 2019 model year (MY). based on its own specified standards.
company may have to submit a petition FOR FURTHER INFORMATION CONTACT: Toyota provided a detailed list of the
to modify the exemption. 49 CFR part Hisham Mohamed, International Policy, tests conducted (i.e., high and low
543.7(d) states that a part 543 exemption Fuel Economy and Consumer Programs, temperature operation, overvoltage,
applies only to vehicles that belong to NHTSA, W43–437, 1200 New Jersey strength, impact, vibration, electro-
a line exempted under this part and Avenue SE., Washington, DC 20590. Mr. magnetic interference, etc.). Toyota
equipped with the anti-theft device on Mohamed’s phone number is (202) 366– stated that it believes that its device is
which the line’s exemption is based. 0307. His fax number is (202) 493–2990. reliable and durable because it complied
Further, 49 CFR part 543.9(c)(2) SUPPLEMENTARY INFORMATION: In a with its own specific design standards
provides for the submission of petitions petition dated June 19, 2017, Toyota and the antitheft device is installed on
‘‘to modify an exemption to permit the requested an exemption from the parts- other vehicle lines for which the agency
use of an antitheft device similar to but marking requirements of the Theft has granted a parts-marking exemption.
differing from the one specified in that Prevention Standard for the Avalon As an additional measure of reliability
exemption.’’ vehicle line beginning with MY 2019. and durability, Toyota stated that its
The agency wishes to minimize the The petition requested an exemption vehicle key cylinders are covered with
administrative burden that 49 CFR part from parts-marking pursuant to 49 CFR casting cases to prevent the key cylinder
543.9(c)(2) could place on exempted part 543, Exemption from Vehicle Theft from easily being broken. Toyota further
vehicle manufacturers and itself. The Prevention Standard, based on the explained that there are approximately
agency did not intend in drafting part installation of an antitheft device as 10,000 combinations for inner cut keys
rmajette on DSKBCKNHB2PROD with NOTICES

543 to require the submission of a standard equipment for the entire which makes it difficult to unlock the
modification petition for every change vehicle line. doors without using a valid key because
to the components or design of an Under 49 CFR part 543.5(a), a the key cylinders would spin out and
antitheft device. The significance of manufacturer may petition NHTSA to cause the locks to not operate.
many such changes could be de grant an exemption for one vehicle line Toyota stated that its ‘‘smart entry and
minimis. Therefore, NHTSA suggests per model year. In its petition, Toyota start system’’ device is activated when
that if the manufacturer contemplates provided a detailed description and the engine switch is pushed from the

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48744 Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Notices

‘‘ON’’ ignition status to any other status. stated that it believes that installing the formally notify the agency. If such a
The certification ECU then performs the immobilizer device as standard decision is made, the line must be fully
calculation for the immobilizer and the equipment reduces the theft rate for the marked according to the requirements
immobilizer signals the ECM to activate Avalon vehicle line and expects it to under 49 CFR parts 541.5 and 541.6
the device. Toyota also stated that key experience comparable effectiveness (marking of major component parts and
verification is also performed after the and ultimately be more effective than replacement parts).
driver pushes the engine switch. parts-marking labels. NHTSA notes that if Toyota wishes in
Specifically, after the driver pushes the Based on the supporting evidence the future to modify the device on
engine switch, the certification ECU and submitted by Toyota on its device, the which this exemption is based, the
steering lock ECU receive confirmation agency believes that the antitheft device company may have to submit a petition
of a valid key, and the certification ECU for the Avalon vehicle line is likely to to modify the exemption. Part 543.7(d)
allows the ECM to start the engine. be as effective in reducing and deterring states that a Part 543 exemption applies
Toyota also stated that in the ‘‘smart motor vehicle theft as compliance with only to vehicles that belong to a line
entry and start system’’ installed the parts-marking requirements of the exempted under this part and equipped
vehicle, a security indicator notifies the Theft Prevention Standard (49 CFR 541). with the antitheft device on which the
users and others inside and outside the The agency concludes that the device line’s exemption is based. Further, Part
vehicle with the status of the will provide four of the five types of 543.9(c)(2) provides for the submission
immobilizer. Toyota further explained performance listed in § 543.6(a)(3): of petitions ‘‘to modify an exemption to
that the security indicator flashes Promoting activation; preventing defeat permit the use of an antitheft device
continuously when the immobilizer is or circumvention of the device by similar to but differing from the one
activated, and turns off when it is unauthorized persons; preventing specified in that exemption.’’
deactivated. operation of the vehicle by The agency wishes to minimize the
unauthorized entrants; and ensuring the administrative burden that Part
Toyota stated that the proposed
reliability and durability of the device. 543.9(c)(2) could place on exempted
antitheft device has also been installed Pursuant to 49 U.S.C. 33106 and 49
as standard equipment on its Avalon vehicle manufacturers and itself. The
CFR 543.7 (b), the agency grants a agency did not intend in drafting part
vehicle line beginning with its MY 2015 petition for exemption from the parts-
vehicles. The theft rate for the MY 2015 543 to require the submission of a
marking requirements of Part 541, either modification petition for every change
Avalon vehicle line is not available. in whole or in part, if it determines that,
However, Toyota compared its proposed to the components or design of an
based upon substantial evidence, the antitheft device. The significance of
device to other devices NHTSA has standard equipment antitheft device is
determined to be as effective in many such changes could be de
likely to be as effective in reducing and minimis. Therefore, NHTSA suggests
reducing and deterring motor vehicle deterring motor vehicle theft as
theft as would compliance with the that if the manufacturer contemplates
compliance with the parts-marking making any changes, the effects of
parts-marking requirements. Toyota requirements of Part 541. The agency
compared its proposed device to that which might be characterized as de
finds that Toyota has provided adequate minimis, it should consult the agency
which has been installed on the Nissan reasons for its belief that the antitheft
Altima and granted a parts-marking before preparing and submitting a
device for the Avalon vehicle line is petition to modify.
exemption from 49 CFR part 541 by the likely to be as effective in reducing and
agency beginning with its MY 2000 deterring motor vehicle theft as Issued in Washington, DC, under authority
vehicles. Toyota also referenced the delegated in 49 CFR 1.95.
compliance with the parts-marking
NHTSA theft rate data published for requirements of the Theft Prevention Raymond R. Posten,
several years before and after the Nissan Standard (49 CFR part 541). This Associate Administrator for Rulemaking.
Altima was equipped with a standard conclusion is based on the information [FR Doc. 2017–22657 Filed 10–18–17; 8:45 am]
immobilizer device. Specifically, Toyota Toyota provided about its device. BILLING CODE 4910–59–P
stated that the publication showed that For the foregoing reasons, the agency
the average theft rate for the Nissan hereby grants in full Toyota’s petition
Altima dropped to 3.0 per 1,000 cars for exemption for the Avalon vehicle DEPARTMENT OF TRANSPORTATION
produced between MY’s 2000–2006 line from the parts-marking
compared to 5.3 per 1,000 cars requirements of 49 CFR part 541. The National Highway Traffic Safety
produced between MY’s 1996–1999. agency notes that 49 CFR part 541, Administration
This represents approximately a 43% Appendix A–1, identifies those lines
decrease in the theft rate for the Nissan that are exempted from the Theft Petition for Exemption From the
Altima vehicle line installed with an Prevention Standard for a given model Federal Motor Vehicle Theft Prevention
immobilizer between MY’s 2000–2006 year. 49 CFR part 543.7(f) contains Standard; Nissan North America, Inc.
as compared to the Nissan Altima publication requirements incident to the AGENCY: National Highway Traffic
vehicle line without an immobilizer disposition of all Part 543 petitions. Safety Administration (NHTSA),
between MY’s 1996–1999. The theft Advanced listing, including the release Department of Transportation (DOT).
rates for the Nissan Altima vehicle line of future product nameplates, the ACTION: Grant of petition for exemption.
using an average of three model years’ beginning model year for which the
data (2012–2014) are 2.4207, 1.7598 and petition is granted and a general SUMMARY: This document grants in full
2.1212 respectively, all well below the description of the antitheft device is the Nissan North America, Inc.’s,
rmajette on DSKBCKNHB2PROD with NOTICES

median theft rate of 3.5826. Therefore, necessary in order to notify law (Nissan) petition for exemption of the
Toyota has concluded that the antitheft enforcement agencies of new vehicle Infiniti QX50 vehicle line in accordance
device proposed for its Avalon vehicle lines exempted from the parts-marking with the Exemption from the Theft
line is no less effective than those requirements of the Theft Prevention Prevention Standard. This petition is
devices on the lines for which NHTSA Standard. granted because the agency has
has already granted full exemption from If Toyota decides not to use the determined that the antitheft device to
the parts-marking requirements. Toyota exemption for this line, it should be placed on the line as standard

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Document Created: 2017-10-19 02:56:43
Document Modified: 2017-10-19 02:56:43

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 applicable beginning with the 2019 model year (MY).
Contact		Hisham Mohamed, International Policy, Fuel Economy and Consumer Programs, NHTSA, W43-437, 1200 New Jersey Avenue SE., Washington, DC 20590. Mr. Mohamed's phone number is (202) 366-0307. His fax number is (202) 493-2990.
FR Citation		82 FR 48743

82 FR 48743 - Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Toyota Motor North America, Inc.

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 82, Issue 201 (October 19, 2017)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration