Petition for Exemption From the Federal Motor Vehicle Motor Theft Prevention Standard; Toyota, 3081-3083 [2013-00696]
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Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices
seizure free for more than 20 years. He
takes anti-seizure medication with the
dosage and frequency remaining the
same for 18 years. If granted the
exemption, he would like to drive
tractor trailers in interstate commerce.
His physician states he is supportive of
Mr. Moore receiving an exemption.
remained seizure-free for 4 years. He
takes anti-seizure medication with the
dosage and frequency remaining the
same for 4 years. If granted the
exemption, he would like to drive a
single axle dump truck. His physician
states he is supportive of Mr. Zarhatka
being granted an exemption.
Michael C. Ranalli
Mr. Ranalli is a 27 year-old Class CM
driver in the State of Pennsylvania. He
has a diagnosis of Juvenile Myoclonic
Epilepsy. His last seizure was in 2006.
He has remained seizure free for over 6
years. He takes anti-seizure medication
with the dosage and frequency
remaining the same for 6 years. If
granted the exemption, he would like to
drive a Class A International Material
Handler bucket truck, a single axle with
a gross weight of 22,000 pounds. His
physician states he is supportive of Mr.
Ranalli being granted an exemption.
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comment from all interested persons on
the exemption applications described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
earlier in the notice.
Robert Spencer
Mr. Spencer is a 30 year-old Class E
driver in the State of Florida. He has a
diagnosis of seizure disorder and his
last seizure was in February 2009. He
has remained seizure free for over 3
years. He takes anti-seizure medication
with the dosage and frequency
remaining the same for over 3years. If
granted the exemption, he would like to
drive a delivery van under 26,000
pounds. His physician is supportive of
Mr. Spencer being granted an
exemption.
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Brian J. Wiggins
Mr. Wiggins is a 52 year-old CMV
driver in the State of Idaho.. He has a
diagnosis of seizure disorder and his
last seizure was in 1996. This seizure
was the result of his physician taking
him off of his anti-seizure medication.
He has remained seizure free for 16
years. He takes anti-seizure medication
with the dosage and frequency
remaining the same for 16 years. He is
a diesel mechanic and, if granted the
exemption, would be driving Class 6, 7,
and 8 trucks for diagnosis and repair
purposes. His physician is supportive of
Mr. Wiggins being granted an
exemption.
Timothy M. Zarahtka
Mr. Zarahtka is a 37 year-old Class D
driver in the State of Minnesota. He
suffered a penetrating head injury in
1993 and developed a seizure disorder
following the injury. He was taking antiseizure medications with good control
until his treating physician changed his
medication to a generic in 2008. His last
seizure was in August 2008 and his
medication was changed. He has
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Issued on: January 10, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–00712 Filed 1–11–13; 4:15 pm]
BILLING CODE 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, Department Of
Transportation (DOT).
ACTION: Grant of petition for exemption.
AGENCY:
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 partsmarking 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 partsmarking requirements of the theft
prevention standard (49 CFR part 541)
SUMMARY:
PO 00000
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3081
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 § 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
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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 partsmarking 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
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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 partsmarking 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 partsmarking 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 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 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 § 543.6(a)(3):
promoting activation; preventing defeat
or circumvention of the device by
unauthorized persons; preventing
operation of the vehicle by
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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, § 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. 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.
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Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices
Issued on: January 9, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
of the Treasury, Washington, DC 20220,
Tel: (202) 622–2490.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2013–00696 Filed 1–14–13; 8:45 am]
Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
available on OFAC’s Web site at
https://www.treasury.gov/ofac or via
facsimile through a 24-hour fax-ondemand service at (202) 622–0077.
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Release of Waybill Data
The Surface Transportation Board has
received a request from Michael Behe
representing Freight Resources Network,
LLC (WB604–11—01/09/2013) for
permission to use certain data from the
Board’s 2011 Carload Waybill Sample.
A copy of this 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.
Contact: Megan Conley, (202) 245–
0348.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013–00669 Filed 1–14–13; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Additional Designations, Foreign
Narcotics Kingpin Designation Act
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (‘‘OFAC’’) is publishing the
names of two individuals 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).
DATES: The designation by the Director
of OFAC of the two individuals
identified in this notice pursuant to
section 805(b) of the Kingpin Act is
effective on January 9, 2013.
FOR FURTHER INFORMATION CONTACT:
Assistant Director, Sanctions
Compliance & Evaluation, Office of
Foreign Assets Control, U.S. Department
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SUMMARY:
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Jkt 229001
Background
The Kingpin Act became law on
December 3, 1999. The Kingpin Act
establishes a program targeting the
activities of significant foreign narcotics
traffickers and their organizations on a
worldwide basis. It provides a statutory
framework for the imposition of
sanctions against significant foreign
narcotics traffickers and their
organizations on a worldwide basis,
with the objective of denying their
businesses and agents access to the U.S.
financial system and the benefits of
trade and transactions involving U.S.
companies and individuals.
The Kingpin Act blocks all property
and interests in property, subject to U.S.
jurisdiction, owned or controlled by
significant foreign narcotics traffickers
as identified by the President. In
addition, the Secretary of the Treasury,
in consultation with the Attorney
General, the Director of the Central
Intelligence Agency, the Director of the
Federal Bureau of Investigation, the
Administrator of the Drug Enforcement
Administration, the Secretary of
Defense, the Secretary of State, and the
Secretary of Homeland Security may
designate and block the property and
interests in property, subject to U.S.
jurisdiction, of persons who are found
to be: (1) Materially assisting in, or
providing financial or technological
support for or to, or providing goods or
services in support of, the international
narcotics trafficking activities of a
person designated pursuant to the
Kingpin Act; (2) owned, controlled, or
directed by, or acting for or on behalf of,
a person designated pursuant to the
Kingpin Act; or (3) playing a significant
role in international narcotics
trafficking.
On January 9, 2013, the Director of
OFAC designated the following two
individuals whose property and
interests in property are blocked
pursuant to section 805(b) of the
Kingpin Act.
Individuals
1. LOPEZ NUNEZ, Damaso (a.k.a. ‘‘EL
LICENCIADO’’), Avenida Nicolas Bravo
PO 00000
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Fmt 4703
Sfmt 9990
No. 1607, Colonia Guadalupe, Culiacan,
Sinaloa 80220, Mexico; Calle Escobedo
No. 24, Localidad El Dorado, Culiacan,
Sinaloa 80450, Mexico; DOB 22 Feb
1966; POB Culiacan, Sinaloa, Mexico;
nationality Mexico; citizen Mexico;
R.F.C. LOND6602221Y5 (Mexico); alt.
R.F.C. LOND660222SE7 (Mexico);
C.U.R.P. LOND660222HSLPXM05
(Mexico) (individual) [SDNTK].
2. CORONEL BARRERAS, Ines, La
Angostura, Canelas, Durango 34500,
Mexico; Avenida Puebla A No. 2209,
Colonia Federal, San Luis Rio Colorado,
Sonora 83489, Mexico; DOB 21 Jan
1968; POB Durango, Mexico; nationality
Mexico; citizen Mexico (individual)
[SDNTK].
Dated: January 9, 2013.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2013–00675 Filed 1–14–13; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF THE TREASURY
United States Mint
Revised Pricing for Five 2013 Products
United States Mint, Department
of the Treasury.
AGENCY:
ACTION:
Notice.
The United States Mint is
announcing revised pricing for five 2013
products. Please see the table below.
SUMMARY:
Product
2013 retail
price
United States Mint Happy
Birthday Coin Set ..............
United States Mint Congratulations Set .........................
American Eagle One Ounce
Silver Proof Coin ...............
American Eagle One Ounce
Silver Uncirculated Coin ...
America the Beautiful FiveOunce Silver Uncirculated
CoinTM (5 issues) ..............
$19.95
64.95
62.95
53.95
244.95
FOR FURTHER INFORMATION CONTACT:
Marc Landry, Acting Associate Director
for Sales and Marketing; United States
Mint; 801 9th Street NW., Washington,
DC 20220; or call 202–354–7500.
Authority: 31 U.S.C. 5111, 5112 & 9701.
Dated: January 8, 2013.
Richard A. Peterson,
Acting Director, United States Mint.
[FR Doc. 2013–00670 Filed 1–14–13; 8:45 am]
BILLING CODE P
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]]>Agencies
[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.
-----------------------------------------------------------------------
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]
BILLING CODE 4910-59-P
