Petition for Exemption From the Federal Motor Vehicle Motor Theft Prevention Standard; Toyota, 4396-4398 [2012-1836]
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4396
Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Notices
• Hand Delivery: 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by March
12, 2012 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered as far as practicable.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78), or
online at https://www.dot.gov/
privacy.html.
Issued in Washington, DC, on January 24,
2012.
Ron Hynes,
Acting Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2012–1863 Filed 1–26–12; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2011–0088]
tkelley on DSK3SPTVN1PROD with NOTICES
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 of the Code of Federal Regulations
(CFR), this document provides the
public notice that by a document dated
January 4, 2012, the Valley Railroad
Company (VALE) has petitioned the
Federal Railroad Administration (FRA)
for a waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR Part
215. FRA assigned the petition Docket
Number FRA–2011–0088.
Specifically, VALE seeks a waiver of
compliance from the Railroad Freight
Car Safety Standards, 49 CFR 215.303,
which requires stenciling on restricted
freight cars, for 13 freight cars. The list
of these 13 cars is contained in the
Exhibit A of the petition letter, which is
available in the same docket as this
notice.
As information, VALE also requested
Special Approval to continue in service
of the same cars in accordance with 49
CFR 215.203(c). These cars are more
than 50 years from their original
construction date and, therefore, are
restricted per 49 CFR 215.203(a), unless
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18:14 Jan 26, 2012
Jkt 226001
VALE receives a Special Approval from
FRA.
The petition states that VALE is a
non-insular, nongeneral system railroad
located at 1 Railroad Avenue, Essex,
Connecticut 06426. VALE exercises
complete control of the operation and
maintenance of the freight cars that are
the subject of this petition. All 13 cars
are over the age of 50 years. Since VALE
has owned each of these cars, their use
has been restricted. The cars have not
been interchanged in regular freight
operations with other railroads while
under the petitioner’s ownership.
These 13 cars will be used for
historical display, operated for motion
pictures, and special events. The cars
will not be used for revenue freight
service and will not be interchanged in
regular freight operations with other
railroads. The maximum load that each
car would be permitted to carry, if any,
is stated in Exhibit A (mentioned
above).
The petitioner states that it will
perform and conduct required service
and shop inspections, and maintain the
cars in compliance with all applicable
regulations with the exception of the
conditions that are the subject of this
petition.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590.
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• Hand Delivery: 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by March
12, 2012 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered as far as practicable.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78), or
online at https://www.dot.gov/
privacy.html.
Issued in Washington, DC, on January 24,
2012.
Ron Hynes,
Acting Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2012–1858 Filed 1–26–12; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Federal Motor Vehicle Motor Theft
Prevention Standard; Toyota
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
AGENCY:
This document grants in full
the petition of Toyota Motor North
America, Inc’s., (Toyota) petition for an
exemption of the Prius 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 model
year (MY) 2013.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah Mazyck, Office of International
Policy, Fuel Economy and Consumer
Standards, NHTSA, W43–443, 1200
SUMMARY:
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tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Notices
New Jersey Avenue SE., Washington,
DC 20590. Ms. Mazyck’s phone number
is (202) 366–4139. Her fax number is
(202) 493–2990.
SUPPLEMENTARY INFORMATION: In a
petition dated September 30, 2011,
Toyota requested an exemption from the
parts-marking requirements of the theft
prevention standard (49 CFR part 541)
for the Prius vehicle line beginning with
MY 2013. Toyota will offer both a
hatchback and wagon model (Prius v) to
the Prius passenger car vehicle line. The
petition has been filed 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 § 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 Prius
vehicle line. Toyota stated that the Prius
vehicle line will be equipped with a
passive engine immobilizer device as
standard equipment beginning with the
2013 model year. According to Toyota,
the Prius 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), power source HV
ECU, door control receiver, electrical
key, power switch, transmission control
ECU, electronic control module (ECM)
and security indicator. The Prius v
wagon will additionally include an ID
code box component; however, the basic
antitheft functionality and
immobilization features will be the
same. Toyota will also offer an audible
and visual alarm as optional equipment
on the Prius 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.
The vehicle is equipped with a smart
key system that allows the driver to
press the ‘‘ON’’ button located on the
instrument panel to start the vehicle.
The correct key has to be recognized by
the ECM in order for the vehicle to start.
According to Toyota, once the driver
has pushed the ‘‘ON’’ button, the
certification ECU verifies the key. When
the key is verified, the certification ECU
and transmission control ECU receive
confirmation of the valid key and allows
the ECM to start the engine. On the
Prius v model, the certification ECU,
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18:14 Jan 26, 2012
Jkt 226001
transmission control ECU and ID code
box receive confirmation of the valid
key and then the ID code box allows the
ECM to start the engine.
Toyota also 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 correct key is verified by
the ECU. The device’s security indicator
will provide the immobilizer status for
the Prius 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.
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 are 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 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. 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 Prius vehicle line. Toyota
stated that the average theft rate for the
Prius for MY 2009 is 0.33 thefts per
thousand vehicles produced. Toyota
further stated that the Prius vehicle line
has been equipped with an immobilizer
since MY 2001. Toyota compared its
proposed device with other devices
NHTSA has determined to be as
effective in reducing and deterring
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Sfmt 4703
4397
motor vehicle theft as would
compliance with the parts-marking
requirements (i.e., Toyota Camry and
Corolla, Lexus LS and GS vehicle lines).
The Toyota Camry and Corolla and
Lexus LS and GS vehicle lines have all
been granted parts-marking exemptions
by the agency. The theft rates for the
Toyota Camry, Toyota Corolla, Lexus LS
and Lexus GS vehicle lines using an
average of three model years’ data, are
1.5734, 2.013, 0.9718 and 0.6780
respectively. Therefore, Toyota has
concluded that the antitheft device
proposed for its Prius vehicle line is no
less effective than those devices in the
lines for which NHTSA has already
granted full exemption from the partsmarking requirements. Toyota believes
that installing the immobilizer as
standard equipment reduces the theft
rate and expects the Prius 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 Prius 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,
based upon substantial evidence, that
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 Prius 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 or five of the 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 Prius
vehicle line from the parts-marking
requirements of 49 CFR part 541. The
agency notes that 49 CFR part 541,
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4398
Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
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 are
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 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, § 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 § 543.9(c)(2)
could place on exempted vehicle
manufacturers and itself. In drafting part
543, the agency did not intend 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.
Issued on: January 23, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012–1836 Filed 1–26–12; 8:45 am]
BILLING CODE 4910–59–P
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18:14 Jan 26, 2012
Jkt 226001
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2012–0015; Notice No.
12–1]
Safety Advisory Notice: Return of
Radioactively Contaminated Tissue
Holders Purchased From Bed Bath and
Beyond
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Safety Advisory Notice.
AGENCY:
PHMSA has been notified that
Bed Bath and Beyond sold a number of
tissue holders in the United States,
identified as the Dual Ridge Metal tissue
holder, model number DR9M, that emit
low levels of radiation. PHMSA and the
Nuclear Regulatory Commission believe
that there is no immediate danger to the
public; however, PHMSA is advising
persons in possession of the
contaminated tissue holders that they
should arrange with Bed Bath and
Beyond for their safe return. Any person
in possession of this item should call
Bed Bath and Beyond at 1–(800) 462–
3966 to obtain information about the
proper return procedures.
FOR FURTHER INFORMATION CONTACT: Mr.
Rick Boyle, Acting Chief, Sciences
Branch, Office of Hazardous Materials
Safety, (202) 366–2993, 1200 New Jersey
Avenue SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: On
January 11, 2012, PHMSA was advised
that Bed Bath and Beyond sold Dual
Ridge Metal tissue holders model
number DR9M, that were contaminated
with the radioisotope Cobalt-60 during
their manufacture in India. At this time,
it has been verified that at least 220
tissue holders, sold in some of the more
than 200 affected Bed Bath and Beyond
stores in the United States, are
radioactively contaminated. The highest
identified radioactivity level on the
surface of the tissue holders was
approximately 20 mrem/hr, however
most of the tissue holders showed much
lower levels. A person who spends eight
hours in close contact with one of these
tissue holders (such as having the tissue
on a bedside table next to the bed) could
possibly get a maximum yearly dose of
about 500–700 mrem. While no
unnecessary radiation exposure is
desirable, the dose from the tissue
holders is not expected to cause any
appreciable health effects. To put this
into perspective, a person living in the
United States receives a radioactive
exposure of about 360 mrem/year from
SUMMARY:
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naturally-occurring background
radiation.
Bed Bath and Beyond has posted
notices on its web site: https://
www.bedbathandbeyond.com/
tissueholdernotice.asp, its facebook
pages, and in its stores, and has been
actively working with state Radiation
Control Programs, the Nuclear
Regulatory Commission, the
Environmental Protection Agency, the
Consumer Product Safety Commission,
and Pipeline and Hazardous Materials
Safety Administration to identify and
remove all of the contaminated tissue
holders. Information on radiation
exposure can be found on the Nuclear
Regulatory Commission’s Web site at:
https://www.nrc.gov/about-nrc/
radiation/around-us/doses-dailylives.html.
Recommended Action
A person in possession of this item
should call Bed Bath and Beyond at 1(800) 462–3966 to obtain information
about the proper return procedures. If a
person possessing the identified tissue
holders experiences difficulties when
attempting to obtain return directions or
assistance from Bed Bath and Beyond,
they should contact PHMSA at the
contact number provided in this notice.
Issued in Washington, DC, on January 23,
2012.
R. Ryan Posten,
Deputy Associate Administrator for
Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2012–1714 Filed 1–26–12; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Release of Waybill Data
The Surface Transportation Board has
received a request from Sidley Austin
LLP on behalf of Norfolk Southern
Railway Company (WB484–2—1/18/12),
for permission to use certain data from
the Board’s 2000–2010 Carload Waybill
Samples. A copy of the request may be
obtained from the Office of Economics.
The waybill sample contains
confidential railroad and shipper data;
therefore, if any parties object to these
requests, they should file their
objections with the Director of the
Board’s Office of Economics within 14
calendar days of the date of this notice.
The rules for release of waybill data are
codified at 49 CFR 1244.9.
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]]>Agencies
[Federal Register Volume 77, Number 18 (Friday, January 27, 2012)]
[Notices]
[Pages 4396-4398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1836]
-----------------------------------------------------------------------
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 (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
-----------------------------------------------------------------------
SUMMARY: This document grants in full the petition of Toyota Motor
North America, Inc's., (Toyota) petition for an exemption of the Prius
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
model year (MY) 2013.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of
International Policy, Fuel Economy and Consumer Standards, NHTSA, W43-
443, 1200
[[Page 4397]]
New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's phone number
is (202) 366-4139. Her fax number is (202) 493-2990.
SUPPLEMENTARY INFORMATION: In a petition dated September 30, 2011,
Toyota requested an exemption from the parts-marking requirements of
the theft prevention standard (49 CFR part 541) for the Prius vehicle
line beginning with MY 2013. Toyota will offer both a hatchback and
wagon model (Prius v) to the Prius passenger car vehicle line. The
petition has been filed 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 Prius
vehicle line. Toyota stated that the Prius vehicle line will be
equipped with a passive engine immobilizer device as standard equipment
beginning with the 2013 model year. According to Toyota, the Prius
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), power source HV ECU, door
control receiver, electrical key, power switch, transmission control
ECU, electronic control module (ECM) and security indicator. The Prius
v wagon will additionally include an ID code box component; however,
the basic antitheft functionality and immobilization features will be
the same. Toyota will also offer an audible and visual alarm as
optional equipment on the Prius 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.
The vehicle is equipped with a smart key system that allows the
driver to press the ``ON'' button located on the instrument panel to
start the vehicle. The correct key has to be recognized by the ECM in
order for the vehicle to start. According to Toyota, once the driver
has pushed the ``ON'' button, the certification ECU verifies the key.
When the key is verified, the certification ECU and transmission
control ECU receive confirmation of the valid key and allows the ECM to
start the engine. On the Prius v model, the certification ECU,
transmission control ECU and ID code box receive confirmation of the
valid key and then the ID code box allows the ECM to start the engine.
Toyota also 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 correct key is verified by the ECU.
The device's security indicator will provide the immobilizer status for
the Prius 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.
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 are 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 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. 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 Prius vehicle line. Toyota stated that the average theft
rate for the Prius for MY 2009 is 0.33 thefts per thousand vehicles
produced. Toyota further stated that the Prius vehicle line has been
equipped with an immobilizer since MY 2001. Toyota 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 Camry and
Corolla, Lexus LS and GS vehicle lines). The Toyota Camry and Corolla
and Lexus LS and GS vehicle lines have all been granted parts-marking
exemptions by the agency. The theft rates for the Toyota Camry, Toyota
Corolla, Lexus LS and Lexus GS vehicle lines using an average of three
model years' data, are 1.5734, 2.013, 0.9718 and 0.6780 respectively.
Therefore, Toyota has concluded that the antitheft device proposed for
its Prius 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 Prius 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 Prius 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, based upon
substantial evidence, that 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 Prius 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 or five of
the 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 Prius vehicle line from
the parts-marking requirements of 49 CFR part 541. The agency notes
that 49 CFR part 541,
[[Page 4398]]
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 are 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 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.
In drafting part 543, the agency did not intend 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.
Issued on: January 23, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-1836 Filed 1-26-12; 8:45 am]
BILLING CODE 4910-59-P
