[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Notices]
[Pages 3081-3083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00696]


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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 Toyota Motor North America, 
Inc.'s (Toyota) petition for an exemption of the RAV4 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 
the 2014 model year (MY).

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) 366-5222. Her fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: In a petition dated October 16, 2012, Toyota 
requested an exemption from the parts-marking requirements of the theft 
prevention standard (49 CFR part 541) for the RAV4 vehicle line 
beginning with MY 2014. 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 RAV4 
vehicle line. Toyota stated that the MY 2014 RAV4 vehicle line will 
offer two entry systems but both will have an engine immobilizer device 
as standard equipment. Specifically, Toyota stated that the RAV4 
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), engine switch, steering 
lock ECU, security indicator, door control receiver, electrical key and 
an electronic control module (ECM). The conventional key components 
consist of a transponder key ECU assembly, transponder key coil, 
security indicator, ignition key and an ECM. Toyota will not offer an 
audible and visual alarm for the RAV4 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.
    On the RAV4 vehicle line, the ``smart key'' system allows the 
driver to press the ``ON'' button located on the instrument panel to 
start the vehicle. Once the driver pushes the ``ON'' button, the 
certification ECU verifies the electrical key, and the certification 
ECU and steering lock ECU receive confirmation of the valid key, 
allowing the ECM to start the engine. With the conventional key system, 
once the key is inserted into the key cylinder, the transponder chip in 
the key sends the key ID codes to the transponder key ECU assembly to 
verify the code. Once the code is verified, the immobilizer will allow 
the ECM to start the engine.
    Toyota 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 certification ECU performs the 
calculation of the immobilizer then the immobilizer signals the ECM. 
For the ``conventional key'' system, activation of the immobilizer 
occurs when the ignition

[[Page 3082]]

key is turned from the ``ON'' status to any other position and/or the 
key is removed. Toyota also stated that the devices' security indicator 
will provide the immobilizer status for the RAV4 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. Deactivation of the 
conventional key system occurs when the doors are unlocked and the key 
is turned to the ``ON'' position.
    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 is 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 that 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. Toyota further stated that 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 RAV4 vehicle line for several years before and after it 
was equipped with a standard antitheft device with an immobilizer. 
Toyota stated that the average theft rate for the RAV4 for MY 2009 is 
0.66 thefts per thousand vehicles produced as compared to 0.86 per 
1,000 vehicles, the average theft rate for the RAV 4 for model years 
(MYs) 2005-2008. Toyota further stated that the antitheft device which 
is already installed as standard equipment beginning with MY 2009 RAV4 
will continue to be installed on the MY 2014 RAV4 vehicle line. Toyota 
also 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 Prius and Prius v, Toyota Camry and Corolla, Lexus LS and GS 
vehicle lines). The Toyota Camry, Corolla, Lexus LS and GS vehicle 
lines have all been granted parts-marking exemptions by the agency. The 
theft rates for the Toyota Camry, Corolla, Lexus LS, GS and Prius 
vehicle lines using an average of three model years' data (2008-2010) 
are 1.8107, 1.7399, 0.9468, 0.4915 and 0.3756 respectively. Therefore, 
Toyota has concluded that the antitheft device proposed for its RAV4 
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 RAV4 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 RAV4 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).
    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 RAV4 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 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.
    For the foregoing reasons, the agency hereby grants in full 
Toyota's petition for exemption for the Toyota RAV4 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 must 
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.


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    Issued on: January 9, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2013-00696 Filed 1-14-13; 8:45 am]
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