Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Toyota Motor North America, Inc. |
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Topics: Toyota Corolla Cross
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Raymond R. Posten
National Highway Traffic Safety Administration
12 May 2021
[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26133-26136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09982]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; Toyota Motor North America, 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 Toyota Motor North America,
Inc.'s (Toyota) petition for exemption from the Federal Motor Vehicle
Theft Prevention Standard (theft prevention standard) for its Corolla
Cross vehicle line beginning in model year (MY) 2022. The 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.
DATES: The exemption granted by this notice is effective beginning with
the 2022 model year.
FOR FURTHER INFORMATION CONTACT: 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: Under 49 U.S.C. Chapter 331, the Secretary
of Transportation (and the National Highway Traffic Safety
Administration (NHTSA) by delegation) is required to promulgate a theft
prevention standard to provide for the identification of certain motor
vehicles and their major replacement parts to impede motor vehicle
theft. NHTSA promulgated regulations at 49 CFR part 541 (theft
prevention standard) to require parts-marking for specified passenger
motor vehicles and light trucks. Pursuant to 49 U.S.C. 33106,
manufacturers that are subject to the parts-marking requirements may
petition NHTSA, by delegation, for an exemption for a line of passenger
motor vehicles equipped with an antitheft device as standard equipment
that NHTSA decides is likely to be as effective in reducing and
deterring motor vehicle theft as compliance with the parts-marking
requirements. In accordance with this statute, NHTSA promulgated 49 CFR
part 543, which establishes the process through which manufacturers may
seek an exemption from the theft prevention standard.
49 CFR 543.5 provides general submission requirements for petitions
and states that each manufacturer may petition NHTSA for an exemption
of one vehicle line per model year. Among other requirements,
manufacturers must identify whether the exemption is sought under
section 543.6 or section 543.7. Under section 543.6, a manufacturer may
request an exemption by providing specific information about the
antitheft device, its capabilities, and the reasons the petitioner
believes the device to be as effective at reducing and deterring theft
as compliance with the parts-marking requirements. Section 543.7
permits a manufacturer to request an exemption under a more streamlined
process if the vehicle line is equipped with an antitheft device (an
``immobilizer'') as standard equipment that complies with one of the
standards specified in that section.\1\
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\1\ 49 CFR 543.7 specifies that the manufacturer must include a
statement that their entire vehicle line is equipped with an
immobilizer that meets one of the following standards:
(1) The performance criteria (subsections 8 through 21) of
C.R.C, c. 1038.114, Theft Protection and Rollaway Prevention (in
effect March 30, 2011), as excerpted in appendix A of [part 543];
(2) National Standard of Canada CAN/ULC-S338-98, Automobile
Theft Deterrent Equipment and Systems: Electronic Immobilization
(May 1998);
(3) United Nations Economic Commission for Europe (UN/ECE)
Regulation No. 97 (ECE R97), Uniform Provisions Concerning Approval
of Vehicle Alarm System (VAS) and Motor Vehicles with Regard to
Their Alarm System (AS) in effect August 8, 2007; or
(4) UN/ECE Regulation No. 116 (ECE R116), Uniform Technical
Prescriptions Concerning the Protection of Motor Vehicles Against
Unauthorized Use in effect on February 10, 2009.
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[[Page 26134]]
Section 543.8 establishes requirements for processing petitions for
exemption from the theft prevention standard. As stated in section
543.8(a), NHTSA processes any complete exemption petition. If NHTSA
receives an incomplete petition, NHTSA will notify the petitioner of
the deficiencies. Once NHTSA receives a complete petition the agency
will process it and, in accordance with section 543.8(b), will grant
the petition 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.
Section 543.8(c) requires NHTSA to issue its decision either to
grant or to deny an exemption petition not later than 120 days after
the date on which a complete petition is filed. If NHTSA does not make
a decision within the 120-day period, the petition shall be deemed to
be approved and the manufacturer shall be exempt from the standard for
the line covered by the petition for the subsequent model year.\2\
Exemptions granted under part 543 apply only to the vehicle line or
lines that are subject to the grant and that are equipped with the
antitheft device on which the line's exemption was based, and are
effective for the model year beginning after the model year in which
NHTSA issues the notice of exemption, unless the notice of exemption
specifies a later year.
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\2\ 49 U.S.C. 33106(d).
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Sections 543.8(f) and (g) apply to the manner in which NHTSA's
decisions on petitions are to be made known. Under section 543.8(f), if
the petition is sought under section 543.6, NHTSA publishes a notice of
its decision to grant or deny the exemption petition in the Federal
Register and notifies the petitioner in writing. Under section
543.8(g), if the petition is sought under section 543.7, NHTSA notifies
the petitioner in writing of the agency's decision to grant or deny the
exemption petition.
This grant of petition for exemption considers Toyota Motor North
America, Inc.'s (Toyota) petition for its Corolla Cross vehicle line
beginning in MY 2022.
I. Specific Petition Content Requirements Under 49 CFR 543.6
Pursuant to 49 CFR part 543, Exemption from Vehicle Theft
Prevention, Toyota petitioned for an exemption for its specified
vehicle line from the parts-marking requirements of the theft
prevention standard, beginning in MY 2022. Toyota petitioned under 49
CFR 543.6, Petition: Specific content requirements, which, as described
above, requires manufacturers to provide specific information about the
antitheft device installed as standard equipment on all vehicles in the
line for which an exemption is sought, the antitheft device's
capabilities, and the reasons the petitioner believes the device to be
as effective at reducing and deterring theft as compliance with the
parts-marking requirements.
More specifically, section 543.6(a)(1) requires petitions to
include a statement that an antitheft device will be installed as
standard equipment on all vehicles in the line for which the exemption
is sought. Under section 543.6(a)(2), each petition must list each
component in the antitheft system, and include a diagram showing the
location of each of those components within the vehicle. As required by
section 543.6(a)(3), each petition must include an explanation of the
means and process by which the device is activated and functions,
including any aspect of the device designed to: (1) Facilitate or
encourage its activation by motorists; (2) attract attention to the
efforts of an unauthorized person to enter or move a vehicle by means
other than a key; (3) prevent defeating or circumventing the device by
an unauthorized person attempting to enter a vehicle by means other
than a key; (4) prevent the operation of a vehicle which an
unauthorized person has entered using means other than a key; and (5)
ensure the reliability and durability of the device.\3\
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\3\ 49 CFR 543.6(a)(3).
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In addition to providing information about the antitheft device and
its functionality, petitioners must also submit the reasons for their
belief that the antitheft device will be effective in reducing and
deterring motor vehicle theft, including any theft data and other data
that are available to the petitioner and form a basis for that
belief,\4\ and the reasons for their belief that the agency should
determine that the antitheft device is likely to be as effective as
compliance with the parts-marking requirements of part 541 in reducing
and deterring motor vehicle theft. In support of this belief, the
petitioners should include any statistical data that are available to
the petitioner and form the basis for the petitioner's belief that a
line of passenger motor vehicles equipped with the antitheft device is
likely to have a theft rate equal to or less than that of passenger
motor vehicles of the same, or a similar, line which have parts marked
in compliance with part 541.\5\
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\4\ 49 CFR 543.6(a)(4).
\5\ 49 CFR 543.6(a)(5).
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The following sections describe Toyota's petition information
provided pursuant to 49 CFR part 543, Exemption from Vehicle Theft
Prevention. To the extent that specific information in Toyota's
petition is subject to a properly filed confidentiality request, that
information was not disclosed as part of this notice.\6\
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\6\ 49 CFR 512.20(a).
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II. Toyota's Petition for Exemption
In a petition dated November 19, 2020, as supplemented with
additional information submitted on April 6, 2021,\7\ Toyota requested
an exemption from the parts-marking requirements of the theft
prevention standard for the Corolla Cross vehicle line beginning with
MY 2022.
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\7\ As discussed above, per 49 CFR 543.8(a), NHTSA processes the
petition once the manufacturer submits all the information required
by 49 CFR part 543.
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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 Corolla Cross vehicle line. Toyota stated that
its MY 2022 Corolla Cross vehicle line will be installed with an engine
immobilizer device as standard equipment, as required by 543.6(a)(1).
Toyota also stated that it will offer two entry/start systems on its
Corolla Cross vehicle line. Specifically, Toyota stated that it will
offer a ``smart entry and start'' system or a ``transponder key and
start'' system on its vehicle line. Specifically, key components of the
``smart entry and start'' system will include a certification engine
control unit (ECU), engine switch, steering lock ECU, security
indicator, door control receiver, electrical key, ID code box, and an
engine control module (ECM). Key components of the ``transponder key
and start'' system will include a transponder key ECU assembly,
transponder key coil, security indicator, ignition key and an ECM.
Toyota stated that there will also be position switches installed on
the vehicle to protect the hood and doors from unauthorized tampering/
opening. Toyota further explained that locking the doors can be
accomplished through use of a key, wireless switch or its 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
its
[[Page 26135]]
antitheft device to operate. Toyota will not incorporate an audible and
visual alarm system on its vehicle line.
Pursuant to Section 543.6(a)(3), Toyota explained that its ``smart
entry and start'' system is activated when the engine switch is pushed
from the ``ON'' ignition status to any other status. The certification
ECU then performs the calculation for the immobilizer and the
immobilizer signals the ECM to activate the device. Toyota stated that
key verification is also performed after the driver pushes the engine
switch. Specifically, after the driver pushes the engine switch, the
certification ECU and steering lock ECU receive confirmation of a valid
key, and the certification ECU allows the ECM to start the engine.
Toyota stated that the ``transponder key and start'' system is
activated when the ignition key is turned from the ``ON'' position to
some other status and the key is removed, allowing the immobilizer to
activate and signal the ECM. Toyota also stated that in both systems, a
security indicator is installed notifying the users and others inside
and outside the vehicle with the status of the immobilizer. Toyota
further explained that the security indicator flashes continuously when
the immobilizer is activated, and turns off when it is deactivated.
As required in section 543.6(a)(3)(v), 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 operation, 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. 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 there are
approximately 10,000 combinations for inner cut keys which makes it
difficult to unlock the doors without using a valid key because the key
cylinders would spin out and cause the locks to not operate.
Toyota stated that the 2022 model year is the first year that the
first Corolla Cross model with immobilizers installed as standard
equipment is available, and accordingly at the time of the petition
submission, theft rate data for the MY 2022 Corolla Cross vehicle line
is not available. However, Toyota 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. Toyota compared its proposed device to that which
has been installed on the Toyota RAV4 and RAV4 HV vehicle line, which
was granted a parts-marking exemption from 49 CFR part 541 by the
agency beginning with MY 2014 vehicles. Toyota also referenced the
NHTSA theft rate data published for the RAV4 and RAV4 HV showing an
overall passenger motor vehicle's average of stolen rates in calendar
year 2014 of 1.15 per thousand vehicles produced which the RAV4
vehicles had a theft rate of 0.36. (see 82 FR 28246). Therefore, Toyota
concluded that the antitheft device proposed for its Corolla Cross
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 device as standard equipment reduces the theft rate for the
Corolla Cross vehicle line and expects it to experience comparable
effectiveness and ultimately be more effective than parts-marking
labels.
III. Decision To Grant the Petition
Pursuant to 49 U.S.C. 33106 and 49 CFR 543.8(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 its 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 Toyota provided about its
antitheft device. NHTSA believes, based on Toyota's supporting
evidence, the antitheft device described for its 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.
The agency concludes that Toyota's antitheft device will provide
the five types of performance features listed in section 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.
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 543.8(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 its requested
vehicle line, the manufacturer must formally notify the agency. If such
a decision is made, the line must be fully marked as required by 49 CFR
541.5 and 541.6 (marking of major component parts and replacement
parts).
NHTSA notes that if a manufacturer to which an exemption has been
granted wishes in the future to modify the device on which the
exemption is based, the company may have to submit a petition to modify
the exemption. Section 543.8(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, section 543.10(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 the
exemption.'' \8\
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\8\ The agency wishes to minimize the administrative burden that
section 543.10(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 a manufacturer with an exemption 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.
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For the foregoing reasons, the agency hereby grants in full
Toyota's petition for exemption for the Corolla Cross vehicle line from
the parts-marking requirements of 49 CFR part 541, beginning with its
MY 2022 vehicles.
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Issued under authority delegated in 49 CFR 1.95 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2021-09982 Filed 5-11-21; 8:45 am]
BILLING CODE 4910-59-P