[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12221-12222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4951]


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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 
Corolla 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) 2012.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of 
International Policy, Fuel Economy and Consumer Standards, NHTSA, W43-
443, 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 January 24, 2011, Toyota 
requested an exemption from the parts-marking requirements of the theft 
prevention standard (49 CFR part 541) for the Toyota Corolla vehicle 
line beginning with MY 2012. 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 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 Corolla 
vehicle line. Toyota will install a passive, transponder-based, 
electronic engine immobilizer device as standard equipment on its 
Corolla vehicle line beginning with MY 2012.
    Key components of the antitheft device include an engine 
immobilizer, transponder key electronic control unit (ECE), assembly, 
transponder key amplifier, security indicator, ignition key and 
Electronic control module (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. The antitheft device does not incorporate an 
audible or visual alarm as standard equipment. 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.
    Toyota stated that the immobilizer is activated when the ignition 
key is turned from the ``ON'' position and/or removed from the 
vehicle's ignition. The device is deactivated when the ``conventional 
key'' is inserted into the key cylinder and turned toward the ``ON'' 
position. Toyota stated that after the key is inserted into the key 
cylinder, the transponder chip in the key sends

[[Page 12222]]

the ID codes to the Transponder Key ECU assembly to verify the code. 
When the key code has been verified, the immobilizer allows the ECM to 
start the engine.
    Toyota also stated that there will be position switches installed 
in the vehicle to protect the hood and doors. The sensors will trigger 
the antitheft device when it detects inappropriate opening of the hood 
(i.e., from outside the vehicle, instead of using the interior release) 
and inappropriate opening of the door (i.e., when the doors are opened 
without using a key or wireless switch/key FOB).
    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 informed the agency that its Corolla vehicle line has been 
equipped with the device beginning with its MY 2005 vehicles. Toyota 
referenced NHTSA published theft rate data for several years before and 
after the Corolla vehicle line was equipped with a standard 
immobilizer. Toyota stated that the average theft rate for the Corolla 
dropped to 2.1 per 1,000 cars produced between MYs 2005-2008 (with a 
standard immobilizer) from 4.0 per 1,000 cars produced between MYs 
1996-1999 (without a standard immobilizer). Toyota stated that this 
represents approximately a 47.5% decrease in the theft rate with 
installation of a standard immobilizer for the Toyota Corolla vehicle 
line when compared to the average for the Corolla when it was parts 
marked. Toyota believes that installing the immobilizer as standard 
equipment reduces the theft rate and therefore would be more effective 
than parts-marking labels. Toyota also revealed that the Toyota Camry 
and Lexus LS and GS vehicle lines have all been granted parts-marking 
exemptions by the agency. The theft rates for the Toyota Camry and 
Lexus LS and GS vehicle lines using an average of three model years 
data are 1.6742, 1.3567 and 1.0961 respectively. Therefore, Toyota has 
concluded that the antitheft device proposed for its vehicle line is no 
less effective than those devices in the lines for which NHTSA has 
already granted full exemption from the parts-marking requirements.
    Based on the evidence submitted by Toyota, the agency believes that 
the antitheft device for the Corolla 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 Corolla 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 Corolla vehicle line 
from the parts-marking requirements of 49 CFR part 541, beginning with 
the 2012 model year vehicles. 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. 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, 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: March 1, 2011.
Joseph S. Carra,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2011-4951 Filed 3-3-11; 8:45 am]
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