[Federal Register Volume 77, Number 18 (Friday, January 27, 2012)]
[Notices]
[Pages 4396-4398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1836]


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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 (NHTSA), 
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 Prius 
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) 2013.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of 
International Policy, Fuel Economy and Consumer Standards, NHTSA, W43-
443, 1200

[[Page 4397]]

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 September 30, 2011, 
Toyota requested an exemption from the parts-marking requirements of 
the theft prevention standard (49 CFR part 541) for the Prius vehicle 
line beginning with MY 2013. Toyota will offer both a hatchback and 
wagon model (Prius v) to the Prius passenger car vehicle line. 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 Prius 
vehicle line. Toyota stated that the Prius vehicle line will be 
equipped with a passive engine immobilizer device as standard equipment 
beginning with the 2013 model year. According to Toyota, the Prius 
vehicle line will offer a ``smart key system'' (keyless entry and push 
button start) and a ``conventional key'' entry system. Key components 
of the smart key system will include an engine immobilizer, 
certification electronic control unit (ECU), power source HV ECU, door 
control receiver, electrical key, power switch, transmission control 
ECU, electronic control module (ECM) and security indicator. The Prius 
v wagon will additionally include an ID code box component; however, 
the basic antitheft functionality and immobilization features will be 
the same. Toyota will also offer an audible and visual alarm as 
optional equipment on the Prius vehicle line. 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.
    The vehicle is equipped with a smart key system that allows the 
driver to press the ``ON'' button located on the instrument panel to 
start the vehicle. The correct key has to be recognized by the ECM in 
order for the vehicle to start. According to Toyota, once the driver 
has pushed the ``ON'' button, the certification ECU verifies the key. 
When the key is verified, the certification ECU and transmission 
control ECU receive confirmation of the valid key and allows the ECM to 
start the engine. On the Prius v model, the certification ECU, 
transmission control ECU and ID code box receive confirmation of the 
valid key and then the ID code box allows the ECM to start the engine.
    Toyota also stated that with the smart key system, the immobilizer 
is activated when the power button is pushed from the ``ON'' status to 
any other ignition status and the correct key is verified by the ECU. 
The device's security indicator will provide the immobilizer status for 
the Prius vehicle line. When the immobilizer is activated, the 
indicator flashes continuously. When the immobilizer is not activated, 
the indicator is turned off. The device is deactivated when the doors 
are unlocked and the device recognizes the key code from the smart key 
system.
    Toyota also stated that there will be position switches installed 
in the vehicle to protect the hood and doors. Specifically, 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, wireless switch 
or smart entry system.
    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 the 
device is installed in 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. There are so many key cylinder combinations 
and key plates for its gutter keys that it would be very difficult to 
unlock the doors without using a valid key.
    To provide comparison, Toyota referenced NHTSA published theft rate 
data for the Prius vehicle line. Toyota stated that the average theft 
rate for the Prius for MY 2009 is 0.33 thefts per thousand vehicles 
produced. Toyota further stated that the Prius vehicle line has been 
equipped with an immobilizer since MY 2001. Toyota compared its 
proposed device with 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 and 
Corolla, Lexus LS and GS vehicle lines). The Toyota Camry and Corolla 
and Lexus LS and GS vehicle lines have all been granted parts-marking 
exemptions by the agency. The theft rates for the Toyota Camry, Toyota 
Corolla, Lexus LS and Lexus GS vehicle lines using an average of three 
model years' data, are 1.5734, 2.013, 0.9718 and 0.6780 respectively. 
Therefore, Toyota has concluded that the antitheft device proposed for 
its Prius 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. Toyota believes that installing the 
immobilizer as standard equipment reduces the theft rate and expects 
the Prius to experience comparable effectiveness ultimately being more 
effective than parts-marking labels.
    Based on the evidence submitted by Toyota, the agency believes that 
the antitheft device for the Prius 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, based upon 
substantial evidence, that 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 Prius 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; 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 Prius vehicle line from 
the parts-marking requirements of 49 CFR part 541. The agency notes 
that 49 CFR part 541,

[[Page 4398]]

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 are 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. 
In drafting part 543, the agency did not intend 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: January 23, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-1836 Filed 1-26-12; 8:45 am]
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