[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8592-8594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03443]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle 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 Toyota Motor North America, 
Inc.'s, (Toyota) petition for an exemption of the Lexus RX vehicle line 
in accordance with 49 CFR part 543, Exemption from Vehicle 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 49 CFR part 541, Federal Motor Vehicle Theft 
Prevention Standard (Theft Prevention Standard).

DATES: The exemption granted by this notice is effective beginning with 
the 2017 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, International 
Policy, Fuel Economy and Consumer Programs, 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 December 1, 2015, Toyota 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for the Lexus RX vehicle line beginning with MY 
2017. 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 Lexus RX vehicle line. Toyota stated that its MY 2017 
Lexus RX vehicle line and RX hybrid vehicle model (HV) will be 
installed with a ``smart entry and start'' system and an engine 
immobilizer device as standard equipment. Toyota further explained that 
the ``smart entry and start'' system on its Lexus RX vehicle line will 
have slightly different components than those on its RX HV model. Key 
components of the ``smart entry and start'' system on the Lexus RX 
vehicle line will include an engine immobilizer, a certification 
electronic control unit (ECU), engine switch, steering lock ECU, 
security indicator, door control receiver, electrical key, an 
electronic control module (ECM) and an ID code box. The key components 
installed on its RX HV model will also include a power switch and a 
power source HV-ECU. Toyota stated that it will also install an audible 
and visual alarm system on its Lexus RX vehicle line as standard 
equipment and that there will be position switches installed on the 
vehicle to protect the hood and doors from unauthorized tampering/
opening. Toyota further explained locking of the doors can be 
accomplished through use of a conventional key, wireless switch 
incorporated within the keyfob or its

[[Page 8593]]

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 the alarm 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 
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, 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. Toyota 
stated that the antitheft device is already installed as standard 
equipment on its MY 2003 Lexus RX vehicle line and the MY 2006 RX HV 
model. The theft rate for the Toyota Lexus RX vehicle line using an 
average of three model years' data (MYs 2011-2013) is 0.3679, which is 
well below the 3.5826 median theft rate. 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 the numerous 
key cylinder combinations and key plates it uses for its gutter keys 
would make it very difficult to unlock the doors without using a valid 
key. If a valid key is used, the key cylinders spin out and its locks 
will not work.
    Toyota stated that its Lexus RX vehicles' ``smart entry and start'' 
system allows the driver to press the engine switch button located on 
the instrument panel to start the vehicle. Once the driver pushes the 
engine switch button, the certification ECU verifies the electrical 
key. When the key is verified, the certification ECU, ID code box and 
steering lock ECU receive confirmation of the valid key, and the 
certification ECU allows the ECM to start the engine. With the RX HV 
model ``smart entry and start'' system, once the driver pushes the 
power switch button, the certification ECU verifies the key, the 
certification ECU, ID code box and steering lock ECU receive 
confirmation of a valid key, and then the certification ECU will allow 
the ECM to start the vehicle.
    Toyota stated that with its ``smart entry and start'' system, the 
immobilizer device is activated when the engine switch is pushed from 
the ``ON'' ignition status to any other ignition status, the 
certification ECU performs the calculation of the immobilizer and the 
immobilizer signals the ECM to activate the device. On the RX HV model, 
the ``smart entry and start'' system's immobilizer device is activated 
when the power switch is pushed from the ``ON'' ignition status to any 
other ignition status, the certification ECU performs the calculation 
of the immobilizer and the immobilizer signals the HV-ECU to activate 
the device. Deactivation of its smart key-installed systems occurs when 
the doors are unlocked and the device recognizes the key code. 
Deactivation of the conventional key system occurs when the door is 
unlocked and the key is turned to the ``ON'' position.
    Toyota also 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 (i.e., 
Toyota Camry, Corolla, Prius, RAV4, Highlander, Sienna, Lexus LS, and 
Lexus GS vehicle lines) which have all been granted parts-marking 
exemptions by the agency. The theft rates for the Toyota Camry, 
Corolla, Prius, RAV4, Highlander, Sienna, Lexus LS, and Lexus GS 
vehicle lines using an average of three model years' data (2011-2013) 
are 1.3030, 1.3988, 0.2464, 0.4100, 0.4603, 0.5124, 0.4879 and 0.9116 
respectively. Therefore, Toyota has concluded that the antitheft device 
proposed for its Lexus RX 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 as standard equipment reduces the theft 
rate and expects the Lexus RX vehicle line 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 Lexus RX 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 the five types of performance listed in Sec.  
543.6(a)(3): Promoting activation; attracting attention to the efforts 
of unauthorized persons to enter or operate 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.
    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 Lexus RX 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 Toyota Lexus RX 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

[[Page 8594]]

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. 2016-03443 Filed 2-18-16; 8:45 am]
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