Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Toyota, 8592-8594 [2016-03443]

Download as PDF 8592 Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices Q. How do I file my request? A. You can file a request by going to FRA’s Web site (www.fra.dot.gov) and clicking on the Bridge Inspection Report link. There you will find the ‘‘Bridge Inspection Report Public Version Request Form’’ (FRA F 6180.167). Please complete this pdf fillable form by providing all of the information listed in the question above and click on the ‘‘submit’’ box when completed. This will automatically create an email that will send the completed form directly to FRA. A link to the form has also been provided at the end of these questions below. If you are unable to submit the form to FRA directly, please fill out the ‘‘Bridge Inspection Report Public Version Request Form’’ (FRA F 6180.167) and attached it in an email to FRABridgeInspectionReportRequest@dot.gov. Requests will only be accepted through this email address with the proper form completely filled out and attached. Q. How will FRA handle a request? A. FRA will evaluate the request and, if found to be compliant with law, FRA will promptly request that the railroad responsible for the bridge provide a public version of the most recent inspection report(s) to FRA. Once FRA has received the report(s), FRA will review the report(s) to ensure that at least the minimum information required by law has been provided. Once determined to be satisfactory, the report(s) will be sent to the requester electronically by reply to the request unless the requester provides an alternate email address to send the report to. Q. What information must a railroad include in the public version of the bridge inspection report provided to FRA? A. The FAST Act requires the following information to be included in a public version of a bridge inspection report: 1. The date of the last inspection; 2. Length of bridge; 3. Location of bridge; 4. Type of bridge (superstructure); 5. Type of structure (substructure); 6. Features crossed by the bridge; 7. Railroad contact information; and 8. A general statement on the condition of the bridge. asabaliauskas on DSK5VPTVN1PROD with NOTICES Q. How much time does a railroad have to provide the public version of a bridge inspection report to FRA? A. FRA interprets the statute to require a railroad to provide a requested report containing at least the minimum specified information within a reasonable amount of time. FRA believes that a reasonable time for a railroad to provide a requested report is within 30 days of receipt of FRA’s request. Q. How long will it take FRA to produce a public version of a bridge inspection report to a requester? A. FRA will handle these requests as expeditiously as possible and generally expects to respond to most requests by providing the requester with a public version of a bridge inspection report within 45 days of receipt of the request. (Link to Form will be located here) VerDate Sep<11>2014 17:59 Feb 18, 2016 Jkt 238001 Attachment 1 to Frequently Asked Questions FAST Act—SECTION 11405—BRIDGE INSPECTION REPORTS Section 417(d) of the Rail Safety Improvement Act of 2008 (49 U.S.C. 20103 note) is amended—(1) by striking ‘‘The Secretary’’ and inserting the following: ‘‘(1) IN GENERAL.—The Secretary’’; and (2) by adding at the end the following: ‘‘(2) AVAILABILITY OF BRIDGE CONDITION.— ‘‘(A) IN GENERAL.—A State or political subdivision of a State may file a request with the Secretary for a public version of a bridge inspection report generated under subsection (b)(5) for a bridge located in such State or political subdivision’s jurisdiction. ‘‘(B) PUBLIC VERSION OF REPORT.—If the Secretary determines that the request is reasonable, the Secretary shall require a railroad to submit a public version of the most recent bridge inspection report, such as a summary form, for a bridge subject to a request under subparagraph (A). The public version of a bridge inspection report shall include the date of last inspection, length of bridge, location of bridge, type of bridge, type of structure, feature crossed by bridge, and railroad contact information, along with a general statement on the condition of the bridge. ‘‘(C) PROVISION OF REPORT.—The Secretary shall provide to a State or political subdivision of a State a public version of a bridge inspection report submitted under subparagraph (B). ‘‘(D) TECHNICAL ASSISTANCE.—The Secretary, upon the reasonable request of State or political subdivision of a State, shall provide technical assistance to such State or political subdivision of a State to facilitate the understanding of a bridge inspection report.’’ [FR Doc. 2016–03441 Filed 2–18–16; 8:45 am] BILLING CODE 4910–06–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). ACTION: Grant of petition for exemption. AGENCY: This document grants in full the Toyota Motor North America, Inc.’s, (Toyota) petition for an exemption of the Lexus RX 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- SUMMARY: PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 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 2017 model year (MY). FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, 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 December 1, 2015, Toyota requested an exemption from the partsmarking requirements of the Theft Prevention Standard for the Lexus RX vehicle line beginning with MY 2017. 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 Lexus RX vehicle line. Toyota stated that its MY 2017 Lexus RX vehicle line and RX hybrid vehicle model (HV) will be installed with a ‘‘smart entry and start’’ system and an engine immobilizer device as standard equipment. Toyota further explained that the ‘‘smart entry and start’’ system on its Lexus RX vehicle line will have slightly different components than those on its RX HV model. Key components of the ‘‘smart entry and start’’ system on the Lexus RX vehicle line will include an engine immobilizer, a certification electronic control unit (ECU), engine switch, steering lock ECU, security indicator, door control receiver, electrical key, an electronic control module (ECM) and an ID code box. The key components installed on its RX HV model will also include a power switch and a power source HV–ECU. Toyota stated that it will also install an audible and visual alarm system on its Lexus RX vehicle line as standard equipment and that there will be position switches installed on the vehicle to protect the hood and doors from unauthorized tampering/ opening. Toyota further explained locking of the doors can be accomplished through use of a conventional key, wireless switch incorporated within the keyfob or its E:\FR\FM\19FEN1.SGM 19FEN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices smart entry system, and that unauthorized tampering with the hood or door without using one of these methods will cause the position switches to trigger the alarm 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 2003 Lexus RX vehicle line and the MY 2006 RX HV model. The theft rate for the Toyota Lexus RX vehicle line using an average of three model years’ data (MYs 2011–2013) is 0.3679, which is 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 explained that the numerous key cylinder combinations and key plates it uses for its gutter keys would make it very difficult to unlock the doors without using a valid key. If a valid key is used, the key cylinders spin out and its locks will not work. Toyota stated that its Lexus RX vehicles’ ‘‘smart entry and start’’ system allows the driver to press the engine switch button located on the instrument panel to start the vehicle. Once the driver pushes the engine switch button, the certification ECU verifies the electrical key. When the key is verified, the certification ECU, ID code box and steering lock ECU receive confirmation of the valid key, and the certification ECU allows the ECM to start the engine. With the RX HV model ‘‘smart entry and start’’ system, once the driver pushes the power switch button, the certification ECU verifies the key, the certification ECU, ID code box and steering lock ECU receive confirmation of a valid key, and then the certification VerDate Sep<11>2014 17:59 Feb 18, 2016 Jkt 238001 ECU will allow the ECM to start the vehicle. Toyota stated that with its ‘‘smart entry and start’’ system, the immobilizer device is activated when the engine switch is pushed from the ‘‘ON’’ ignition status to any other ignition status, the certification ECU performs the calculation of the immobilizer and the immobilizer signals the ECM to activate the device. On the RX HV model, the ‘‘smart entry and start’’ system’s immobilizer device is activated when the power switch is pushed from the ‘‘ON’’ ignition status to any other ignition status, the certification ECU performs the calculation of the immobilizer and the immobilizer signals the HV–ECU to activate the device. Deactivation of its smart key-installed systems occurs when the doors are unlocked and the device recognizes the key code. Deactivation of the conventional key system occurs when the door is unlocked and the key is turned to the ‘‘ON’’ position. 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, Prius, RAV4, Highlander, Sienna, Lexus LS, and Lexus GS vehicle lines) which have all been granted parts-marking exemptions by the agency. The theft rates for the Toyota Camry, Corolla, Prius, RAV4, Highlander, Sienna, Lexus LS, and Lexus GS vehicle lines using an average of three model years’ data (2011–2013) are 1.3030, 1.3988, 0.2464, 0.4100, 0.4603, 0.5124, 0.4879 and 0.9116 respectively. Therefore, Toyota has concluded that the antitheft device proposed for its Lexus RX vehicle line is no less effective than those devices on the lines for which NHTSA has already granted full exemption from the partsmarking requirements. Toyota stated that it believes that installing the immobilizer as standard equipment reduces the theft rate and expects the Lexus RX vehicle line to experience comparable effectiveness, and ultimately be more effective than partsmarking labels. Based on the supporting evidence submitted by Toyota on its device, the agency believes that the antitheft device for the Lexus RX 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). The agency concludes that the device will provide the five types of performance listed in § 543.6(a)(3): Promoting activation; PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 8593 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. 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 Lexus RX 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. For the foregoing reasons, the agency hereby grants in full Toyota’s petition for exemption for the Toyota Lexus RX 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 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 E:\FR\FM\19FEN1.SGM 19FEN1 8594 Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices 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. Issued in Washington, DC, under authority delegated in 49 CFR 1.95. Raymond R. Posten, Associate Administrator for Rulemaking. [FR Doc. 2016–03443 Filed 2–18–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Regulation Project Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Guidance Necessary To Facilitate Business Election Filing; Finalization of Controlled Group Qualification Rules. DATES: Written comments should be received on or before April 19, 2016 to be assured of consideration. ADDRESSES: Direct all written comments to Kerry Dennis, Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the regulation should be asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:59 Feb 18, 2016 Jkt 238001 directed to Kerry Dennis at Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the internet at Kerry.Dennis@irs.gov. SUPPLEMENTARY INFORMATION: Title: TD 9451—Guidance Necessary To Facilitate Business Election Filing; Finalization of Controlled Group Qualification Rules (TD 9329). OMB Number: 1545–2019. Regulation Project Number: Abstract: This document contains a final regulation that provides guidance to taxpayers for determining which corporations are included in a controlled group of corporations. Current Actions: There are no changes to these existing regulations. Type of Review: Extension of a currently approved collection. Affected Public: Business or other forprofit organizations. Estimated Number of Respondents: 225,375. Estimated Time per Respondent: 1 hour, 40 minutes. Estimated Total Annual Burden Hours: 375,000. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 Approved: February 12, 2016. Kerry Dennis, IRS Tax Analyst. [FR Doc. 2016–03446 Filed 2–18–16; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–NEW] Agency Information Collection (VA Financial Services Center (VA–FSC) Vendor File Request Form); Activity Under OMB Review Financial Services Center, Department of Veterans Affairs. ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501–3521), this notice announces that the Department of Veterans Affairs—Financial Services Center (VA–FSC) will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and includes the actual data collection instrument. SUMMARY: Comments must be submitted on or before March 21, 2016. ADDRESSES: Submit written comments on the collection of information through www.Regulations.gov, or to Office of Information and Regulatory Affairs, Office of Management and Budget, Attn: VA Desk Officer; 725 17th St. NW., Washington, DC 20503 or sent through electronic mail to oira_submission@ omb.eop.gov. Please refer to ‘‘OMB Control No. 2900–NEW (VA–FSC Vendor File Request Form)’’ in any correspondence. DATES: FOR FURTHER INFORMATION CONTACT: Crystal Rennie, Enterprise Records Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632– 7492 or email crystal.rennie@va.gov. Please refer to ‘‘OMB Control No. 2900– NEW (VA–FSC Vendor File Request Form)’’ in any correspondence. SUPPLEMENTARY INFORMATION: Title: VA–FSC Vendor File Request Form. OMB Control Number: 2900–NEW. Type of Review: New collection. Abstract: The mission of the Nationwide Vendor File Division of the Department of Veterans Affairs— Financial Services Center (VA–FSC) is to add, modify, or delete vendor records E:\FR\FM\19FEN1.SGM 19FEN1

Agencies

[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8592-8594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03443]


-----------------------------------------------------------------------

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 the Toyota Motor North America, 
Inc.'s, (Toyota) petition for an exemption of the Lexus RX 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 2017 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, 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 December 1, 2015, Toyota 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for the Lexus RX vehicle line beginning with MY 
2017. 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 Lexus RX vehicle line. Toyota stated that its MY 2017 
Lexus RX vehicle line and RX hybrid vehicle model (HV) will be 
installed with a ``smart entry and start'' system and an engine 
immobilizer device as standard equipment. Toyota further explained that 
the ``smart entry and start'' system on its Lexus RX vehicle line will 
have slightly different components than those on its RX HV model. Key 
components of the ``smart entry and start'' system on the Lexus RX 
vehicle line will include an engine immobilizer, a certification 
electronic control unit (ECU), engine switch, steering lock ECU, 
security indicator, door control receiver, electrical key, an 
electronic control module (ECM) and an ID code box. The key components 
installed on its RX HV model will also include a power switch and a 
power source HV-ECU. Toyota stated that it will also install an audible 
and visual alarm system on its Lexus RX vehicle line as standard 
equipment and that there will be position switches installed on the 
vehicle to protect the hood and doors from unauthorized tampering/
opening. Toyota further explained locking of the doors can be 
accomplished through use of a conventional key, wireless switch 
incorporated within the keyfob or its

[[Page 8593]]

smart entry system, and that unauthorized tampering with the hood or 
door without using one of these methods will cause the position 
switches to trigger the alarm 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 2003 Lexus RX vehicle line and the MY 2006 RX HV 
model. The theft rate for the Toyota Lexus RX vehicle line using an 
average of three model years' data (MYs 2011-2013) is 0.3679, which is 
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 explained that the numerous 
key cylinder combinations and key plates it uses for its gutter keys 
would make it very difficult to unlock the doors without using a valid 
key. If a valid key is used, the key cylinders spin out and its locks 
will not work.
    Toyota stated that its Lexus RX vehicles' ``smart entry and start'' 
system allows the driver to press the engine switch button located on 
the instrument panel to start the vehicle. Once the driver pushes the 
engine switch button, the certification ECU verifies the electrical 
key. When the key is verified, the certification ECU, ID code box and 
steering lock ECU receive confirmation of the valid key, and the 
certification ECU allows the ECM to start the engine. With the RX HV 
model ``smart entry and start'' system, once the driver pushes the 
power switch button, the certification ECU verifies the key, the 
certification ECU, ID code box and steering lock ECU receive 
confirmation of a valid key, and then the certification ECU will allow 
the ECM to start the vehicle.
    Toyota stated that with its ``smart entry and start'' system, the 
immobilizer device is activated when the engine switch is pushed from 
the ``ON'' ignition status to any other ignition status, the 
certification ECU performs the calculation of the immobilizer and the 
immobilizer signals the ECM to activate the device. On the RX HV model, 
the ``smart entry and start'' system's immobilizer device is activated 
when the power switch is pushed from the ``ON'' ignition status to any 
other ignition status, the certification ECU performs the calculation 
of the immobilizer and the immobilizer signals the HV-ECU to activate 
the device. Deactivation of its smart key-installed systems occurs when 
the doors are unlocked and the device recognizes the key code. 
Deactivation of the conventional key system occurs when the door is 
unlocked and the key is turned to the ``ON'' position.
    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, Prius, RAV4, Highlander, Sienna, Lexus LS, and 
Lexus GS vehicle lines) which have all been granted parts-marking 
exemptions by the agency. The theft rates for the Toyota Camry, 
Corolla, Prius, RAV4, Highlander, Sienna, Lexus LS, and Lexus GS 
vehicle lines using an average of three model years' data (2011-2013) 
are 1.3030, 1.3988, 0.2464, 0.4100, 0.4603, 0.5124, 0.4879 and 0.9116 
respectively. Therefore, Toyota has concluded that the antitheft device 
proposed for its Lexus RX vehicle line is no less effective than those 
devices on the lines for which NHTSA has already granted full exemption 
from the parts-marking requirements. Toyota stated that it believes 
that installing the immobilizer as standard equipment reduces the theft 
rate and expects the Lexus RX vehicle line to experience comparable 
effectiveness, and ultimately be more effective than parts-marking 
labels.
    Based on the supporting evidence submitted by Toyota on its device, 
the agency believes that the antitheft device for the Lexus RX 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). The agency concludes that the 
device will provide the five types of performance listed in Sec.  
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.
    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 Lexus RX 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.
    For the foregoing reasons, the agency hereby grants in full 
Toyota's petition for exemption for the Toyota Lexus RX 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 
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

[[Page 8594]]

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.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2016-03443 Filed 2-18-16; 8:45 am]
 BILLING CODE 4910-59-P