Petition for Exemption From the Federal Motor Vehicle Motor Theft Prevention Standard; Toyota |
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Topics: Toyota RAV4
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Christopher J. Bonanti
National Highway Traffic Safety Administration
January 15, 2013
[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Notices]
[Pages 3081-3083]
From the Federal Register Online via the Government Printing 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.
[[Page 3083]]
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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