[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Notices]
[Pages 41484-41485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19585]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


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

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

ACTION: Grant of petition for exemption.

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SUMMARY: This document grants in full the petition of Toyota Motor 
North America, Inc's., (Toyota) petition for an exemption of the Camry 
vehicle line in accordance with 49 CFR Part 543, 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 Theft Prevention Standard (49 CFR Part 541).

DATES: The exemption granted by this notice is effective beginning with 
model year (MY) 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Standards, NHTSA, W43-
439, 1200 New Jersey Avenue, SE., Washington, DC 20590. Ms. Ballard's 
phone number is (202) 366-0846. Her fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated May 5, 2009, Toyota 
requested an exemption from the parts-marking requirements of the theft 
prevention standard (49 CFR Part 541) for the Camry vehicle line 
beginning with MY 2011. The petition has been filed 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 Sec.  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 Camry 
vehicle line. Toyota stated that all Camry vehicles will be equipped 
with a passive engine immobilizer device as standard equipment 
beginning with the 2011 model year. Additionally, Toyota states that 
the device will feature two operational systems, a ``smart key system'' 
(keyless entry) and a ``conventional key'' system. Toyota stated that 
both systems will have the same basic antitheft functionality and 
immobilization features but the driver will use either the transponder 
to open the door and start the engine or a conventional key to open the 
door and start the engine. Toyota additionally stated that the 
``conventional key'' system will be standard on lower trim models and 
the ``smart key'' system will be standard on higher trim models but the 
main feature of the antitheft system is the immobilizer device. The 
``smart key'' system is a fob-sized transponder that allows for 
``keyless'' entry and push-button start. Key components of the ``smart 
key'' system will include an engine immobilizer, certification 
electronic control unit (ECU), engine switch, id code box, steering 
lock ECU, security indicator, door control receiver, electrical key and 
electronic control module (ECM). The key components of the 
``conventional key'' system include an engine immobilizer, transponder 
key ECU assembly, transponder key amplifier, security indicator, 
ignition key and ECM. The device's security indicators provide the 
status of the immobilizer to users and others inside/outside the 
vehicle. When the immobilizer is activated, the indicator flashes 
continuously. When the immobilizer is not activated, the indicator is 
turned off. Models with the ``smart'' key system will also be installed 
with an additional visual and audible alarm feature designed to deter 
inappropriate access to the vehicle.

[[Page 41485]]

    Toyota stated that with the ``smart key'' system, the immobilizer 
is activated when the power button is pushed from the ``ON'' status to 
another ignition status and the signal is verified by the ECU or with 
the ``conventional key'' system, the key is turned from the ``ON'' 
position and/or removed from the vehicle's ignition. The device is 
deactivated when the doors are unlocked and the system recognizes the 
transponder from the ``smart key'' system, or the ``conventional key'' 
is inserted into the key cylinder and turned toward the ``ON'' 
position. In either system, the key code has to be recognized by the 
ECM in order for the vehicle to start. Toyota also stated that position 
switches in the vehicle are also installed to protect the hood and 
doors of the vehicle. The position switches in the hood will trigger 
the antitheft device when they sense inappropriate opening of the hood. 
The position switches in the doors will trigger the antitheft device 
when they sense opening of the doors are being attempted without the 
use of a key, wirless switch or ``smart entry'' 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 543.5 and 
the specific content requirements of 543.6.
    In addressing the specific content requirements of 543.6, Toyota 
provided information on the reliability and durability of its proposed 
device. To ensure reliability and durability of the device, Toyota 
conducted tests based on its own specified standards. Toyota provided a 
detailed list of the tests conducted (i.e., high and low temperature, 
strength, impact, vibration, electro-magnetic interference, etc.). 
Toyota stated that it believes that its device is reliable and durable 
because it complied with its own specific design standards and it is 
installed in other vehicle lines for which the agency has granted a 
parts-marking exemption. Additionally, Toyota stated that there are 
approximately 20,000 combinations for the key cylinders and key plates 
for its outer gutter keys and approximately 10,000 for its inner gutter 
keys, making it very difficult to unlock the doors without valid keys.
    Toyota also compared the device proposed for its vehicle line with 
other devices which NHTSA has determined to be as effective in reducing 
and deterring motor vehicle theft as would compliance with the parts-
marking requirements. Toyota referenced NHTSA published theft rate data 
for several years before and after the Altima vehicle line was equipped 
with a standard immobilizer. Toyota stated that the average theft rate 
for the Altima dropped to 3.0 per 1,000 cars produced between MYs 2000-
2006 (with a standard immobilizer) from 5.3 per 1,000 cars produced 
between MYs 1996-1999 (without a standard immobilizer). Toyota stated 
that this represents approximately a 43% decrease in the theft rate 
(with installation of a standard immobilizer) when compared to the 
average for the Altima when it was parts marked. Toyota believes that 
installing the immobilizer as standard equipment reduces the theft rate 
and expects the Camry will experience comparable effectiveness to that 
of the Altima and therefore would be more effective than parts-marking 
labels.
    Based on the evidence submitted by Toyota, the agency believes that 
the antitheft device for the Camry 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).
    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 Camry 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.
    The agency concludes that the device will provide four or five of 
the types of performance listed in Sec.  543.6(a)(3): Promoting 
activation; attract attention to the efforts of an unauthorized person 
to enter or move 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.
    For the foregoing reasons, the agency hereby grants in full 
Toyota's petition for exemption for the Toyota Camry 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 
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 consult the agency 
before preparing and submitting a petition to modify.

    Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 
1.50.

    Issued on: August 11, 2009.
Julie Abraham,
Director, Office of International Policy, Fuel Economy and Consumer 
Programs.
[FR Doc. E9-19585 Filed 8-14-09; 8:45 am]
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