[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Pages 5189-5191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02753]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; American Honda Motor Co., Inc.

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 American Honda Motor Co., 
Inc.'s (Honda) petition for exemption of the 2020 Acura TLX vehicle 
line in accordance with 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 
Federal Motor Vehicle Theft Prevention Standard (Theft Prevention 
Standard).

DATES: The exemption granted by this notice is effective beginning with 
the 2020 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, West 
Building, W43-439, NRM-310, 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 July 30, 2018, Honda 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for the Acura TLX vehicle line beginning with MY 
2020. 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, Honda provided a detailed description and diagram of the 
identity, design, and location of the components of the

[[Page 5190]]

antitheft device for the Acura TLX vehicle line. Honda stated that its 
vehicle line will offer a front-wheel drive and an all-wheel drive 
variation. Honda further stated that its MY 2020 Acura TLX vehicle line 
will be installed with a transponder-based, engine immobilizer 
antitheft device as standard equipment. More specifically, Honda stated 
that the TLX vehicle line will be equipped with a ``smart entry push 
button start'' ignition system (``smart entry'') and a vehicle security 
alarm system as standard equipment on the entire vehicle line. Key 
components of the antitheft device will include a passive immobilizer, 
``smart entry'' remote, powertrain control module (PCM) and an 
Immobilizer Entry System (IMOES).
    Honda'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, 
Honda provided information on the reliability and durability of its 
proposed device. To ensure reliability and durability of the device, 
Honda conducted tests based on its own specified standards. Honda 
provided a detailed list of the tests it used to validate the 
integrity, durability, and reliability of its device and believes that 
it follows a rigorous development process to ensure that its antitheft 
device will be reliable and robust for the life of the vehicle. Honda 
stated that its device does not require the presence of a ``smart 
entry'' remote battery to function nor does it have any moving parts 
(i.e., the PCM, IMOES, ignition key, ``smart entry'' remote and the 
corresponding electrical components found within its own housing 
units), which it believes reduces the chance for deterioration and wear 
from normal use. Honda also stated that additional levels of 
reliability, durability, and security will be accomplished because it 
will incorporate counterfeit resistant vehicle identification number 
(VIN) plates, secondary VINs, a hood release located inside the 
vehicle, and its smart entry remote will utilize rolling codes for the 
lock and unlock functions of its vehicles.
    Honda further stated that its immobilizer device is always active 
without requiring any action from the vehicle operator as long as the 
matching smart entry remote is outside of the operating range and the 
engine is turned off. Deactivation occurs when a valid ``smart entry'' 
remote with matching codes is placed within operating range and the 
engine start/stop button is pushed to start the vehicle. Honda further 
states that if a ``smart entry'' remote without a matching code is 
placed inside the operating range and the engine start/stop button is 
pushed, the PCM will prevent fueling and starting of the engine. 
Additionally, an ignition immobilizer telltale indicator will begin 
flashing on the meter panel providing the status of the immobilizer 
device.
    Honda stated that the audible and visible vehicle security alarm 
system installed on its TLX vehicles will monitor any attempts of 
unauthorized entry and attract attention to an unauthorized person 
attempting to enter its vehicles without the use of a ``smart entry'' 
remote or its built-in mechanical door key. Specifically, Honda stated 
that whenever an attempt is made to open one of its vehicle doors, hood 
or trunk without using the ``smart entry'' remote or turning a key in 
the key cylinder to disarm the vehicle, the vehicle's horn will sound, 
and its lights will flash. Honda stated that its vehicle security 
system is activated when all of the doors are locked and the hood and 
trunk are closed and locked. Honda further stated that its vehicle 
security system is deactivated by using the key fob buttons to unlock 
the vehicle doors or having the ``smart entry'' remote within operating 
range when the operator grabs either of the vehicle's front door 
handles.
    In support of its belief that its antitheft device will be as or 
more effective in reducing and deterring vehicle theft than the parts-
marking requirement, Honda referenced data showing several instances of 
the effectiveness of its proposed immobilizer device. Honda first 
installed an immobilizer device as standard equipment on its MY 2015 
Acura TLX vehicles, which is also the year the TLX was first 
introduced. There is no current theft rate data available for the Acura 
TLX vehicle line. Additionally, Honda referenced the Highway Loss Data 
Institute's 2015-2017's Insurance Theft Report showing the application 
of years of the immobilizer that is currently available. Honda believes 
that installation of the antitheft immobilizer device as standard 
equipment reduces the vehicle theft rate by making conventional methods 
of theft obsolete, i.e., punching out the steering column or hot-wiring 
the ignition.
    Additionally, Honda stated that the immobilizer device proposed for 
the 2018 TLX is similar to the design offered on its Honda Civic, Honda 
Accord, Honda CR-V, Honda Pilot, and Acura MDX vehicles. The agency 
granted the petition for the Honda Civic vehicle line in full beginning 
with MY 2014 (see 61 FR 19363, March 29, 2013), the Honda Accord 
vehicle line beginning with MY 2015 (see 79 FR 18409, April 1, 2014), 
the Honda CR-V vehicle line beginning with MY 2016 (see 80 FR 3733, 
January 23, 2015), the Honda Pilot beginning with MY 2017 (see 81 FR 
12197, March 8, 2016), and the Acura MDX beginning with MY 2018 (see 82 
FR 22055, May 11, 2017). The agency notes that the average theft rate 
for the Honda Civic, Accord, CR-V, Pilot, and Acura MDX vehicle lines 
using three MYs' data (MYs 2012 through 2014) are 0.6611, 0.7139, 
0.3203, 0.9134, and 0.4630 respectively.
    Based on the supporting evidence submitted by Honda on its device, 
the agency believes that the antitheft device for the Acura TLX 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; 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.
    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 Honda has provided adequate reasons for its belief that the 
antitheft device for the Acura TLX 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. 
This conclusion is based on the information Honda provided about its 
device.
    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

[[Page 5191]]

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 Honda 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 parts 541.5 
and 541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if Honda 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, 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.
    For the foregoing reasons, the agency hereby grants in full Honda's 
petition for exemption for the Acura TLX vehicle line from the parts-
marking requirements of 49 CFR part 541, beginning with the 2020 model 
year vehicles.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.95 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2019-02753 Filed 2-19-19; 8:45 am]
 BILLING CODE 4910-59-P