Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Toyota, 70277-70279 [2014-27888]
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Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Notices
Ford stated that the proposed antitheft
device is a newer generation of the
system that was offered in MY 2014
Ford Edge vehicle line. The Ford Edge
vehicle line was granted a parts-marking
exemption on January 18, 2013 by
NHTSA (See 78 FR 4192) beginning
with its MY 2014 vehicles. The agency
notes that current theft rate data for MYs
2010 through preliminary 2012 are
0.8783, 0.7824 and 0.7371 respectively
for the Ford Edge vehicle line.
The agency agrees that the device is
substantially similar to devices installed
on other vehicle lines for which the
agency has already granted exemptions.
Pursuant to 49 U.S.C. 33106 and 49
CFR 543.7 (b), the agency grants a
petition for exemption from the partsmarking 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 Ford has provided adequate
reasons for its belief that the antitheft
device for the Lincoln MKX 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
Ford provided about its device.
Based on the supporting evidence
submitted by Ford on the device, the
agency believes that the antitheft device
for the Lincoln MKX 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). The agency
concludes that the device will provide
the five types of performance listed in
§ 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.
For the foregoing reasons, the agency
hereby grants in full Ford’s petition for
exemption for the Lincoln MKX 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.
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14:41 Nov 24, 2014
Jkt 235001
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 Ford 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 Ford 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. § 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,
§ 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.
Under authority delegated in 49 CFR 1.95.
R. Ryan Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2014–27886 Filed 11–24–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Federal Motor Vehicle Theft Prevention
Standard; Toyota
National Highway Traffic
Safety Administration, Department of
Transportation (DOT).
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
ACTION:
70277
Grant of petition for exemption.
This document grants in full
Toyota Motor North America, Inc.’s,
(Toyota) petition for an exemption of
the Sienna 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 partsmarking 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
2016 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms.
Carlita Ballard, Office of 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 July 1, 2014, Toyota
requested an exemption from the partsmarking requirements of the Theft
Prevention Standard for the Sienna
vehicle line beginning with MY 2016.
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 Sienna vehicle
line. Toyota stated that the MY 2016
Sienna vehicle line will be installed
with an engine immobilizer device as
standard equipment. Toyota also stated
that it will offer two entry/start systems
on its Sienna vehicle line. Specifically,
Toyota stated that the Sienna vehicle
line will be offered with a ‘‘smart entry
and start system’’ or a ‘‘remote keyless
entry (RKE) and start system’’. Key
components of the ‘‘smart entry and
start system’’ are an engine immobilizer
device, a certification electronic control
unit (ECU), engine switch, steering lock
ECU, security indicator, door control
receiver, electrical key and an electronic
control module (ECM). The ‘‘RKE and
start system’’ components are an engine
SUMMARY:
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70278
Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Notices
immobilizer device, transponder key
ECU assembly, transponder key coil,
security indicator, ignition key and an
ECM. Toyota further stated that it will
offer an audible and visual alarm as
standard equipment on its XLE and
Limited trim level models and as
optional equipment on its L, LE, and SE
trim level models.
Toyota stated that its ‘‘smart entry and
start system’’ will allow the driver to
start the engine by pressing the engine
switch button located on the instrument
panel. Once the driver pushes the
engine switch button, the certification
ECU verifies the electrical key. When
the key is verified, the certification ECU
and steering lock ECU receive
confirmation of the valid key, and the
certification ECU allows the ECM to
start the engine. Toyota stated that its
‘‘smart entry and start system’’
immobilizer device is activated when
the engine switch is pushed from the
‘‘ON’’ status to any other ignition status.
The certification ECU performs a
calculation for the immobilizer device
then the certification ECU performs the
calculation activating the immobilizer
device and signaling the ECM. The
device is deactivated when the doors are
unlocked and the device recognizes the
key code.
Toyota stated that once the key is
inserted into the key cylinder for the
‘‘RKE and start system’’, the transponder
chip in the key sends the key ID codes
to the transponder key ECU assembly to
verify the code. Once the code has been
verified, the immobilizer device will
allow the ECM to start the engine.
Activation of the immobilizer device in
the ‘‘RKE and start system’’ occurs when
the ignition key is turned from the
‘‘ON’’ status or any other position and/
or the key is removed. Deactivation of
the immobilizer device in the ‘‘RKE and
start system’’ occurs when the door is
unlocked and the key is turned to the
‘‘ON’’ position.
Toyota stated that the device will be
installed with a security indicator
feature which will provide the status of
the immobilizer device for its Sienna
vehicle line. When the immobilizer
device is activated, the security
indicator flashes continuously. When
the immobilizer device is not activated,
the security indicator is off.
Additionally, Toyota stated that there
will be position switches installed on
the vehicle to protect its hood and
doors. The position switch for the hood
will sense the lock releasing when the
hood is opened inappropriately from
outside of the vehicle. The door position
switches will sense the vehicle’s key
cylinder rotation and the door’s locked/
unlocked status. Toyota stated that
VerDate Sep<11>2014
14:41 Nov 24, 2014
Jkt 235001
attempting to open the doors without
using the proper key will trigger
activation of the antitheft device. Toyota
further stated that all the doors of its
Sienna vehicle line can be locked by
using either a key, a wireless switch or
a smart entry 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 § 543.5 and
the specific content requirements of
§ 543.6.
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 the antitheft device is
installed on other vehicle lines for
which the agency has granted a partsmarking exemption. Toyota stated that
the antitheft device is already installed
as standard equipment on its MY 2015
Sienna and plans to continue
installation of the device on its MY 2016
and later vehicles. The theft rate for the
Toyota Sienna vehicle line using an
average of three model years’ data (MYs
2009–2011) is 0.7345, 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
stated that there are also so many key
cylinder combinations and key plates
for its gutter keys, making it very
difficult to unlock the doors without
using a valid key.
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, Lexus LS, Lexus ES,
RAV4, Highlander, Prius and the Lexus
GS vehicle lines). These lines have all
been granted parts-marking exemptions
by the agency. The theft rates for these
lines using an average of three model
years’ data (2009–2011) are 1.2602,
1.3295, 0.7258, 0.3175, 0.5682, 0.5669,
0.2675 and 0.6315 respectively.
Therefore, Toyota has concluded that
the antitheft device proposed for its
Sienna vehicle line is no less effective
than those devices in the lines for which
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Sfmt 4703
NHTSA has already granted full
exemption from the parts-marking
requirements. Toyota believes that
installing the immobilizer device as
standard equipment reduces the theft
rate and expects the Sienna 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 Sienna vehicle
line is likely to be as effective in
reducing and deterring motor vehicle
theft as compliance with the partsmarking requirements of the Theft
Prevention Standard (49 CFR 541).
Pursuant to 49 U.S.C. 33106 and 49
CFR 543.7 (b), the agency grants a
petition for exemption from the partsmarking 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 Sienna vehicle
line is likely to be as effective in
reducing and deterring motor vehicle
theft as compliance with the partsmarking 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 § 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 Sienna
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
E:\FR\FM\25NON1.SGM
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Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Notices
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
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.
Under authority delegated in 49 CFR
part 1.95.
R. Ryan Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2014–27888 Filed 11–24–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Office of the Assistant Secretary for
International Affairs; Survey of U.S.
Ownership of Foreign Securities as of
December 31, 2014
Departmental Offices,
Department of the Treasury.
ACTION: Notice of reporting
requirements.
wreier-aviles on DSK4TPTVN1PROD with NOTICES
AGENCY:
By this Notice and in
accordance with 31 CFR part 129, the
Department of the Treasury is informing
the public that it is conducting a
mandatory survey of ownership of
foreign securities by U.S. residents as of
SUMMARY:
VerDate Sep<11>2014
14:41 Nov 24, 2014
Jkt 235001
December 31, 2014. This Notice
constitutes legal notification to all
United States persons (defined below)
who meet the reporting requirements set
forth in this Notice that they must
respond to, and comply with, this
survey. The reporting form SHCA (2014)
and instructions may be printed from
the Internet at: https://www.treasury.gov/
resource-center/data-chart-center/tic/
Pages/forms-sh.aspx#shc.
Definition: Pursuant to 22 U.S.C. 3102
a United States person is any
individual, branch, partnership,
associated group, association, estate,
trust, corporation, or other organization
(whether or not organized under the
laws of any State), and any government
(including a foreign government, the
United States Government, a State or
local government, and any agency,
corporation, financial institution, or
other entity or instrumentality thereof,
including a government-sponsored
agency), who resides in the United
States or is subject to the jurisdiction of
the United States.
Who Must Report: The reporting panel
is based upon the data submitted for the
2011 Benchmark survey and the June
2012 TIC report Aggregate Holdings of
Long-Term Securities by U.S. and
Foreign Residents (TIC SLT). Entities
required to report will be contacted
individually by the Federal Reserve
Bank of New York. Entities not
contacted by the Federal Reserve Bank
of New York have no reporting
responsibilities.
What To Report: This report will
collect information on holdings by U.S.
residents of foreign securities, including
equities, long-term debt securities, and
short-term debt securities (including
selected money market instruments).
How To Report: Completed reports
can be submitted electronically or
mailed to the Federal Reserve Bank of
New York, Statistics Function, 4th
Floor, 33 Liberty Street, New York, NY
10045–0001. Inquiries can be made to
the survey staff of the Federal Reserve
Bank of New York at (212) 720–6300 or
email: SHC.help@ny.frb.org. Inquiries
can also be made to Dwight Wolkow at
(202) 622–1276, email: comments2TIC@
do.treas.gov.
When To Report: Data must be
submitted to the Federal Reserve Bank
of New York, acting as fiscal agent for
the Department of the Treasury, by
April 3, 2015.
Paperwork Reduction Act Notice: This
data collection has been approved by
the Office of Management and Budget
(OMB) in accordance with the
Paperwork Reduction Act and assigned
control number 1505–0146. An agency
may not conduct or sponsor, and a
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70279
person is not required to respond to, a
collection of information unless it
displays a valid control number
assigned by OMB. The estimated
average annual burden associated with
this collection of information is 48
hours per respondent for end-investors
and custodians that file Schedule 3
reports covering their securities
entrusted to U.S. resident custodians,
145 hours per respondent for large endinvestors filing Schedule 2 reports, and
545 hours per respondent for large
custodians of securities filing Schedule
2 reports. Comments concerning the
accuracy of this burden estimate and
suggestions for reducing this burden
should be directed to the Department of
the Treasury, Attention Administrator,
International Portfolio Investment Data
Reporting Systems, Room 5422,
Washington, DC 20220, and to OMB,
Attention Desk Officer for the
Department of the Treasury, Office of
Information and Regulatory Affairs,
Washington, DC 20503.
Dwight Wolkow,
Administrator, International Portfolio
Investment Data Reporting Systems.
[FR Doc. 2014–27916 Filed 11–24–14; 8:45 am]
BILLING CODE 4810–25–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Additional Designations, Foreign
Narcotics Kingpin Designation Act
Office of Foreign Assets
Control, Treasury.
AGENCY:
ACTION:
Notice.
The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of 10 individuals and 14 entities whose
property and interests in property have
been blocked pursuant to the Foreign
Narcotics Kingpin Designation Act
(Kingpin Act) (21 U.S.C. 1901–1908, 8
U.S.C. 1182).
SUMMARY:
The designation by the Director
of OFAC of the 10 individuals and 14
entities identified in this notice
pursuant to section 805(b) of the
Kingpin Act is effective on November
19, 2014.
DATES:
FOR FURTHER INFORMATION CONTACT:
Assistant Director, Sanctions
Compliance & Evaluation, Office of
Foreign Assets Control, U.S. Department
of the Treasury, Washington, DC 20220.
Telephone Number: (202) 622–2490.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Notices]
[Pages 70277-70279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27888]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: This document grants in full Toyota Motor North America,
Inc.'s, (Toyota) petition for an exemption of the Sienna 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 2016 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
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 July 1, 2014, Toyota
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard for the Sienna vehicle line beginning with MY 2016.
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 Sienna vehicle line. Toyota stated that the MY 2016
Sienna vehicle line will be installed with an engine immobilizer device
as standard equipment. Toyota also stated that it will offer two entry/
start systems on its Sienna vehicle line. Specifically, Toyota stated
that the Sienna vehicle line will be offered with a ``smart entry and
start system'' or a ``remote keyless entry (RKE) and start system''.
Key components of the ``smart entry and start system'' are an engine
immobilizer device, a certification electronic control unit (ECU),
engine switch, steering lock ECU, security indicator, door control
receiver, electrical key and an electronic control module (ECM). The
``RKE and start system'' components are an engine
[[Page 70278]]
immobilizer device, transponder key ECU assembly, transponder key coil,
security indicator, ignition key and an ECM. Toyota further stated that
it will offer an audible and visual alarm as standard equipment on its
XLE and Limited trim level models and as optional equipment on its L,
LE, and SE trim level models.
Toyota stated that its ``smart entry and start system'' will allow
the driver to start the engine by pressing the engine switch button
located on the instrument panel. Once the driver pushes the engine
switch button, the certification ECU verifies the electrical key. When
the key is verified, the certification ECU and steering lock ECU
receive confirmation of the valid key, and the certification ECU allows
the ECM to start the engine. Toyota stated that its ``smart entry and
start system'' immobilizer device is activated when the engine switch
is pushed from the ``ON'' status to any other ignition status. The
certification ECU performs a calculation for the immobilizer device
then the certification ECU performs the calculation activating the
immobilizer device and signaling the ECM. The device is deactivated
when the doors are unlocked and the device recognizes the key code.
Toyota stated that once the key is inserted into the key cylinder
for the ``RKE and start system'', the transponder chip in the key sends
the key ID codes to the transponder key ECU assembly to verify the
code. Once the code has been verified, the immobilizer device will
allow the ECM to start the engine. Activation of the immobilizer device
in the ``RKE and start system'' occurs when the ignition key is turned
from the ``ON'' status or any other position and/or the key is removed.
Deactivation of the immobilizer device in the ``RKE and start system''
occurs when the door is unlocked and the key is turned to the ``ON''
position.
Toyota stated that the device will be installed with a security
indicator feature which will provide the status of the immobilizer
device for its Sienna vehicle line. When the immobilizer device is
activated, the security indicator flashes continuously. When the
immobilizer device is not activated, the security indicator is off.
Additionally, Toyota stated that there will be position switches
installed on the vehicle to protect its hood and doors. The position
switch for the hood will sense the lock releasing when the hood is
opened inappropriately from outside of the vehicle. The door position
switches will sense the vehicle's key cylinder rotation and the door's
locked/unlocked status. Toyota stated that attempting to open the doors
without using the proper key will trigger activation of the antitheft
device. Toyota further stated that all the doors of its Sienna vehicle
line can be locked by using either a key, a wireless switch or a smart
entry 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 2015 Sienna and plans to continue installation of
the device on its MY 2016 and later vehicles. The theft rate for the
Toyota Sienna vehicle line using an average of three model years' data
(MYs 2009-2011) is 0.7345, 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 stated that there
are also so many key cylinder combinations and key plates for its
gutter keys, making it very difficult to unlock the doors without using
a valid key.
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, Lexus LS, Lexus ES, RAV4, Highlander, Prius and
the Lexus GS vehicle lines). These lines have all been granted parts-
marking exemptions by the agency. The theft rates for these lines using
an average of three model years' data (2009-2011) are 1.2602, 1.3295,
0.7258, 0.3175, 0.5682, 0.5669, 0.2675 and 0.6315 respectively.
Therefore, Toyota has concluded that the antitheft device proposed for
its Sienna 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 device as standard equipment reduces the theft rate and
expects the Sienna 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 Sienna 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).
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 Sienna 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 Sienna 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
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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
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.
Under authority delegated in 49 CFR part 1.95.
R. Ryan Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2014-27888 Filed 11-24-14; 8:45 am]
BILLING CODE 4910-59-P
