Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Toyota Motor North America, Inc., 26133-26136 [2021-09982]

Download as PDF Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices Estimated total costs to respondents Part/section Brief title 563 .......................................................................................... 571.108 ................................................................................... 571.110 ................................................................................... 571.138 ................................................................................... 571.202a ................................................................................. 571.205 ................................................................................... 571.208 ................................................................................... 571.210 ................................................................................... 571.213 ................................................................................... 571.226 ................................................................................... 571.303 ................................................................................... 575.103 ................................................................................... 575.104 ................................................................................... 575.105 ................................................................................... Event Data Recorders ............................................................ Lighting ................................................................................... Tire Selection and Rims ......................................................... Tire Pressure Monitoring Systems ......................................... Head Restraints ...................................................................... Glazing ................................................................................... Occupant Crash Protection .................................................... Seat Belt Assembly Anchors .................................................. Child Restraints Systems ....................................................... Ejection Mitigation .................................................................. Fuel System Integrity of Compressed Natural Gas Vehicles Truck-Camper Loading ........................................................... Uniform Tire Quality Grading Standards ................................ Vehicle Rollover ..................................................................... $30,566.25 0.00 0.00 244,530.00 733,590.00 130.15 3,397,680.00 244,530.00 314,600.00 1,833,975.00 35.75 39,656.76 193,205.41 11,293.43 Total Costs ...................................................................... ................................................................................................. 7,043,792.75 or 7,043,793 Public Comments Invited: You are asked to comment on any aspects of this information collection, including (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (b) the accuracy of the Department’s estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; 49 CFR 1.49; and DOT Order 1351.29. Raymond R. Posten, Associate Administrator for Rulemaking. [FR Doc. 2021–09984 Filed 5–11–21; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration khammond on DSKJM1Z7X2PROD with NOTICES 26133 Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Toyota Motor North America, Inc. National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). AGENCY: ACTION: Grant of petition for exemption. VerDate Sep<11>2014 17:58 May 11, 2021 Jkt 253001 This document grants in full the Toyota Motor North America, Inc.’s (Toyota) petition for exemption from the Federal Motor Vehicle Theft Prevention Standard (theft prevention standard) for its Corolla Cross vehicle line beginning in model year (MY) 2022. The petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the partsmarking requirements of the theft prevention standard. DATES: The exemption granted by this notice is effective beginning with the 2022 model year. FOR FURTHER INFORMATION CONTACT: Carlita Ballard, Office of International Policy, Fuel Economy, and Consumer Programs, NHTSA, West Building, W43–439, NRM–310, 1200 New Jersey Avenue SE, Washington, DC 20590. Ms. Ballard’s phone number is (202) 366– 5222. Her fax number is (202) 493–2990. SUPPLEMENTARY INFORMATION: Under 49 U.S.C. Chapter 331, the Secretary of Transportation (and the National Highway Traffic Safety Administration (NHTSA) by delegation) is required to promulgate a theft prevention standard to provide for the identification of certain motor vehicles and their major replacement parts to impede motor vehicle theft. NHTSA promulgated regulations at 49 CFR part 541 (theft prevention standard) to require partsmarking for specified passenger motor vehicles and light trucks. Pursuant to 49 U.S.C. 33106, manufacturers that are subject to the parts-marking requirements may petition NHTSA, by delegation, for an exemption for a line of passenger motor vehicles equipped with an antitheft device as standard equipment that NHTSA decides is likely SUMMARY: PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements. In accordance with this statute, NHTSA promulgated 49 CFR part 543, which establishes the process through which manufacturers may seek an exemption from the theft prevention standard. 49 CFR 543.5 provides general submission requirements for petitions and states that each manufacturer may petition NHTSA for an exemption of one vehicle line per model year. Among other requirements, manufacturers must identify whether the exemption is sought under section 543.6 or section 543.7. Under section 543.6, a manufacturer may request an exemption by providing specific information about the antitheft device, its capabilities, and the reasons the petitioner believes the device to be as effective at reducing and deterring theft as compliance with the parts-marking requirements. Section 543.7 permits a manufacturer to request an exemption under a more streamlined process if the vehicle line is equipped with an antitheft device (an ‘‘immobilizer’’) as standard equipment that complies with one of the standards specified in that section.1 1 49 CFR 543.7 specifies that the manufacturer must include a statement that their entire vehicle line is equipped with an immobilizer that meets one of the following standards: (1) The performance criteria (subsections 8 through 21) of C.R.C, c. 1038.114, Theft Protection and Rollaway Prevention (in effect March 30, 2011), as excerpted in appendix A of [part 543]; (2) National Standard of Canada CAN/ULC– S338–98, Automobile Theft Deterrent Equipment and Systems: Electronic Immobilization (May 1998); (3) United Nations Economic Commission for Europe (UN/ECE) Regulation No. 97 (ECE R97), Uniform Provisions Concerning Approval of Vehicle Alarm System (VAS) and Motor Vehicles with E:\FR\FM\12MYN1.SGM Continued 12MYN1 26134 Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Section 543.8 establishes requirements for processing petitions for exemption from the theft prevention standard. As stated in section 543.8(a), NHTSA processes any complete exemption petition. If NHTSA receives an incomplete petition, NHTSA will notify the petitioner of the deficiencies. Once NHTSA receives a complete petition the agency will process it and, in accordance with section 543.8(b), will grant the petition if it determines that, based upon substantial evidence, the standard equipment antitheft device is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of part 541. Section 543.8(c) requires NHTSA to issue its decision either to grant or to deny an exemption petition not later than 120 days after the date on which a complete petition is filed. If NHTSA does not make a decision within the 120-day period, the petition shall be deemed to be approved and the manufacturer shall be exempt from the standard for the line covered by the petition for the subsequent model year.2 Exemptions granted under part 543 apply only to the vehicle line or lines that are subject to the grant and that are equipped with the antitheft device on which the line’s exemption was based, and are effective for the model year beginning after the model year in which NHTSA issues the notice of exemption, unless the notice of exemption specifies a later year. Sections 543.8(f) and (g) apply to the manner in which NHTSA’s decisions on petitions are to be made known. Under section 543.8(f), if the petition is sought under section 543.6, NHTSA publishes a notice of its decision to grant or deny the exemption petition in the Federal Register and notifies the petitioner in writing. Under section 543.8(g), if the petition is sought under section 543.7, NHTSA notifies the petitioner in writing of the agency’s decision to grant or deny the exemption petition. This grant of petition for exemption considers Toyota Motor North America, Inc.’s (Toyota) petition for its Corolla Cross vehicle line beginning in MY 2022. I. Specific Petition Content Requirements Under 49 CFR 543.6 Pursuant to 49 CFR part 543, Exemption from Vehicle Theft Regard to Their Alarm System (AS) in effect August 8, 2007; or (4) UN/ECE Regulation No. 116 (ECE R116), Uniform Technical Prescriptions Concerning the Protection of Motor Vehicles Against Unauthorized Use in effect on February 10, 2009. 2 49 U.S.C. 33106(d). VerDate Sep<11>2014 17:58 May 11, 2021 Jkt 253001 Prevention, Toyota petitioned for an exemption for its specified vehicle line from the parts-marking requirements of the theft prevention standard, beginning in MY 2022. Toyota petitioned under 49 CFR 543.6, Petition: Specific content requirements, which, as described above, requires manufacturers to provide specific information about the antitheft device installed as standard equipment on all vehicles in the line for which an exemption is sought, the antitheft device’s capabilities, and the reasons the petitioner believes the device to be as effective at reducing and deterring theft as compliance with the parts-marking requirements. More specifically, section 543.6(a)(1) requires petitions to include a statement that an antitheft device will be installed as standard equipment on all vehicles in the line for which the exemption is sought. Under section 543.6(a)(2), each petition must list each component in the antitheft system, and include a diagram showing the location of each of those components within the vehicle. As required by section 543.6(a)(3), each petition must include an explanation of the means and process by which the device is activated and functions, including any aspect of the device designed to: (1) Facilitate or encourage its activation by motorists; (2) attract attention to the efforts of an unauthorized person to enter or move a vehicle by means other than a key; (3) prevent defeating or circumventing the device by an unauthorized person attempting to enter a vehicle by means other than a key; (4) prevent the operation of a vehicle which an unauthorized person has entered using means other than a key; and (5) ensure the reliability and durability of the device.3 In addition to providing information about the antitheft device and its functionality, petitioners must also submit the reasons for their belief that the antitheft device will be effective in reducing and deterring motor vehicle theft, including any theft data and other data that are available to the petitioner and form a basis for that belief,4 and the reasons for their belief that the agency should determine that the antitheft device is likely to be as effective as compliance with the parts-marking requirements of part 541 in reducing and deterring motor vehicle theft. In support of this belief, the petitioners should include any statistical data that are available to the petitioner and form the basis for the petitioner’s belief that a line of passenger motor vehicles 3 49 4 49 PO 00000 CFR 543.6(a)(3). CFR 543.6(a)(4). Frm 00137 Fmt 4703 Sfmt 4703 equipped with the antitheft device is likely to have a theft rate equal to or less than that of passenger motor vehicles of the same, or a similar, line which have parts marked in compliance with part 541.5 The following sections describe Toyota’s petition information provided pursuant to 49 CFR part 543, Exemption from Vehicle Theft Prevention. To the extent that specific information in Toyota’s petition is subject to a properly filed confidentiality request, that information was not disclosed as part of this notice.6 II. Toyota’s Petition for Exemption In a petition dated November 19, 2020, as supplemented with additional information submitted on April 6, 2021,7 Toyota requested an exemption from the parts-marking requirements of the theft prevention standard for the Corolla Cross vehicle line beginning with MY 2022. In its petition, Toyota provided a detailed description and diagram of the identity, design, and location of the components of the antitheft device for the Corolla Cross vehicle line. Toyota stated that its MY 2022 Corolla Cross vehicle line will be installed with an engine immobilizer device as standard equipment, as required by 543.6(a)(1). Toyota also stated that it will offer two entry/start systems on its Corolla Cross vehicle line. Specifically, Toyota stated that it will offer a ‘‘smart entry and start’’ system or a ‘‘transponder key and start’’ system on its vehicle line. Specifically, key components of the ‘‘smart entry and start’’ system will include a certification engine control unit (ECU), engine switch, steering lock ECU, security indicator, door control receiver, electrical key, ID code box, and an engine control module (ECM). Key components of the ‘‘transponder key and start’’ system will include a transponder key ECU assembly, transponder key coil, security indicator, ignition key and an ECM. Toyota stated that there will also be position switches installed on the vehicle to protect the hood and doors from unauthorized tampering/opening. Toyota further explained that locking the doors can be accomplished through use of a key, wireless switch or its smart entry system, and that unauthorized tampering with the hood or door without using one of these methods will cause the position switches to trigger its 5 49 CFR 543.6(a)(5). CFR 512.20(a). 7 As discussed above, per 49 CFR 543.8(a), NHTSA processes the petition once the manufacturer submits all the information required by 49 CFR part 543. 6 49 E:\FR\FM\12MYN1.SGM 12MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices antitheft device to operate. Toyota will not incorporate an audible and visual alarm system on its vehicle line. Pursuant to Section 543.6(a)(3), Toyota explained that its ‘‘smart entry and start’’ system is activated when the engine switch is pushed from the ‘‘ON’’ ignition status to any other status. The certification ECU then performs the calculation for the immobilizer and the immobilizer signals the ECM to activate the device. Toyota stated that key verification is also performed after the driver pushes the engine switch. Specifically, after the driver pushes the engine switch, the certification ECU and steering lock ECU receive confirmation of a valid key, and the certification ECU allows the ECM to start the engine. Toyota stated that the ‘‘transponder key and start’’ system is activated when the ignition key is turned from the ‘‘ON’’ position to some other status and the key is removed, allowing the immobilizer to activate and signal the ECM. Toyota also stated that in both systems, a security indicator is installed notifying the users and others inside and outside the vehicle with the status of the immobilizer. Toyota further explained that the security indicator flashes continuously when the immobilizer is activated, and turns off when it is deactivated. As required in section 543.6(a)(3)(v), Toyota provided information on the reliability and durability of its proposed device. To ensure reliability and durability of the device, Toyota conducted tests based on its own specified standards. Toyota provided a detailed list of the tests conducted (i.e., high and low temperature operation, strength, impact, vibration, electromagnetic interference, etc.). Toyota stated that it believes that its device is reliable and durable because it complied with its own specific design standards and the antitheft device is installed on other vehicle lines for which the agency has granted a parts-marking exemption. As an additional measure of reliability and durability, Toyota stated that its vehicle key cylinders are covered with casting cases to prevent the key cylinder from easily being broken. Toyota further explained that there are approximately 10,000 combinations for inner cut keys which makes it difficult to unlock the doors without using a valid key because the key cylinders would spin out and cause the locks to not operate. Toyota stated that the 2022 model year is the first year that the first Corolla Cross model with immobilizers installed as standard equipment is available, and accordingly at the time of the petition submission, theft rate data for the MY 2022 Corolla Cross vehicle line is not VerDate Sep<11>2014 17:58 May 11, 2021 Jkt 253001 available. However, Toyota compared its proposed device to other devices NHTSA has determined to be as effective in reducing and deterring motor vehicle theft as would compliance with the parts-marking requirements. Toyota compared its proposed device to that which has been installed on the Toyota RAV4 and RAV4 HV vehicle line, which was granted a parts-marking exemption from 49 CFR part 541 by the agency beginning with MY 2014 vehicles. Toyota also referenced the NHTSA theft rate data published for the RAV4 and RAV4 HV showing an overall passenger motor vehicle’s average of stolen rates in calendar year 2014 of 1.15 per thousand vehicles produced which the RAV4 vehicles had a theft rate of 0.36. (see 82 FR 28246). Therefore, Toyota concluded that the antitheft device proposed for its Corolla Cross vehicle line is no less effective than those devices on the lines for which NHTSA has already granted full exemption from the parts-marking requirements. Toyota stated that it believes that installing the immobilizer device as standard equipment reduces the theft rate for the Corolla Cross vehicle line and expects it to experience comparable effectiveness and ultimately be more effective than parts-marking labels. III. Decision To Grant the Petition Pursuant to 49 U.S.C. 33106 and 49 CFR 543.8(b), the agency grants a petition for exemption from the 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 its vehicle line is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the theft prevention standard. This conclusion is based on the information Toyota provided about its antitheft device. NHTSA believes, based on Toyota’s supporting evidence, the antitheft device described for its vehicle line is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the partsmarking requirements of the theft prevention standard. The agency concludes that Toyota’s antitheft device will provide the five types of performance features listed in section 543.6(a)(3): Promoting activation; attracting attention to the PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 26135 efforts of unauthorized persons to enter or operate a vehicle by means other than a key; preventing defeat or circumvention of the device by unauthorized persons; preventing operation of the vehicle by unauthorized entrants; and ensuring the reliability and durability of the device. The agency notes that 49 CFR part 541, Appendix A–1, identifies those lines that are exempted from the theft prevention standard for a given model year. 49 CFR 543.8(f) contains publication requirements incident to the disposition of all part 543 petitions. Advanced listing, including the release of future product nameplates, the beginning model year for which the petition is granted and a general description of the antitheft device is necessary in order to notify law enforcement agencies of new vehicle lines exempted from the parts-marking requirements of the theft prevention standard. If Toyota decides not to use the exemption for its requested vehicle line, the manufacturer must formally notify the agency. If such a decision is made, the line must be fully marked as required by 49 CFR 541.5 and 541.6 (marking of major component parts and replacement parts). NHTSA notes that if a manufacturer to which an exemption has been granted wishes in the future to modify the device on which the exemption is based, the company may have to submit a petition to modify the exemption. Section 543.8(d) states that a part 543 exemption applies only to vehicles that belong to a line exempted under this part and equipped with the antitheft device on which the line’s exemption is based. Further, section 543.10(c)(2) provides for the submission of petitions ‘‘to modify an exemption to permit the use of an antitheft device similar to but differing from the one specified in the exemption.’’ 8 For the foregoing reasons, the agency hereby grants in full Toyota’s petition for exemption for the Corolla Cross vehicle line from the parts-marking requirements of 49 CFR part 541, beginning with its MY 2022 vehicles. 8 The agency wishes to minimize the administrative burden that section 543.10(c)(2) could place on exempted vehicle manufacturers and itself. The agency did not intend in drafting part 543 to require the submission of a modification petition for every change to the components or design of an antitheft device. The significance of many such changes could be de minimis. Therefore, NHTSA suggests that if a manufacturer with an exemption contemplates making any changes, the effects of which might be characterized as de minimis, it should consult the agency before preparing and submitting a petition to modify. E:\FR\FM\12MYN1.SGM 12MYN1 26136 Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices Issued under authority delegated in 49 CFR 1.95 and 501.8. Raymond R. Posten, Associate Administrator for Rulemaking. [FR Doc. 2021–09982 Filed 5–11–21; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2021–0031] Agency Information Collection Activities; Notice and Request for Comment; Motorcycle Helmets (Labeling) National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice and request for comments on a reinstatement of a previously approved collection of information. AGENCY: The National Highway Traffic Safety Administration (NHTSA) invites public comments about our intention to request approval from the Office of Management and Budget (OMB) for a reinstatement of a previously approved collection of information entitled ‘‘Motorcycle Helmets (Labeling)’’ (OMB Control Number: 2127–0518). Before a Federal agency can collect certain information from the public, it must receive approval from OMB. Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes NHTSA’s information collection on motorcycle helmet labeling. DATES: You should submit your comments early enough to ensure that Docket Management receives them no later than July 12, 2021. ADDRESSES: You may submit comments (identified by the DOT Docket ID Number above) by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:58 May 11, 2021 Jkt 253001 Washington, DC, 20590–0001 between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9322 before coming. • Fax: 202–493–2251. All submissions must include the agency name and docket number for this notice. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Privacy Act: Anyone is able to search the electronic form of all 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 (65 FR 19477–78) or you may visit https:// www.transportation.gov/privacy. Docket: For access to the docket, go to http://www.regulations.gov or the street address listed above. Follow the online instructions for accessing the dockets online. To be sure someone is there to help you at the street address, please call (202) 366–9322 before coming. FOR FURTHER INFORMATION CONTACT: For additional information or access to background documents, contact Mr. Christian Nguyen, U.S. Department of Transportation, NHTSA, 1200 New Jersey Avenue SE, West Building Room W43–418, NRM–130, Washington, DC 20590. Mr. Christian Nguyen’s telephone number is 202–366–2365 and fax number is 202–366–7002. Please identify the relevant collection of information by referring to its OMB Control Number. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), before an agency submits a proposed collection of information to OMB for approval, it must first publish a document in the Federal Register providing a 60-day comment period and otherwise consult with members of the public and affected agencies concerning each proposed collection of information. The OMB has promulgated regulations describing what must be included in such a document. Under OMB’s regulation (at 5 CFR 1320.8(d)), an agency must ask for public comment on the following: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) how to enhance the quality, utility, and clarity of the information to be collected; (d) how to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses. In compliance with these requirements, NHTSA asks for public comments on the following proposed collection of information for which the agency is seeking approval from OMB. Title: Motorcycle Helmets (Labeling). OMB Control Number: 2127–0518. Type of Request: Reinstatement of a previously approved collection of information. Type of Review Requested: Regular. Requested Expiration Date of Approval: Three years from the approval date. Summary of the Collection of Information: The National Traffic and Motor Vehicle Safety Act authorizes the Secretary of Transportation (NHTSA by delegation), at 49 U.S.C. 30111, to issue Federal Motor Vehicle Safety Standards (FMVSS) that set performance standards for motor vehicles and items of motor vehicle equipment. Vehicle and equipment manufacturers must certify that their vehicles or equipment comply with these standards. Further, the Secretary (NHTSA by delegation) is authorized, at 49 U.S.C. 30117, to require manufacturers to provide information to first purchasers of motor vehicles or motor vehicle equipment when the vehicle or equipment is purchased, in the form of printed matter placed in the vehicle or attached to the vehicle or motor vehicle equipment. Using this authority, NHTSA issued the initial FMVSS No. 218, ‘‘Motorcycle helmets,’’ in 1974. Motorcycle helmets are devices used to protect motorcyclists from head injury in motor vehicle accidents. The standard requires the manufacturer to label every helmet it produces to indicate compliance with the requirements of the Standard. The certification label consists of the symbol ‘‘DOT,’’ the term ‘‘FMVSS No. 218,’’ the word ‘‘CERTIFIED,’’ the precise model designation, and the manufacturer’s name and/or brand on the outer shell of the helmet towards the posterior bottom edge. Manufacturers are also required to label every helmet to provide helmet owners with important safety information including manufacturer’s name, discrete size, month and year of manufacture, and specific instructions E:\FR\FM\12MYN1.SGM 12MYN1

Agencies

[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26133-26136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09982]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Toyota Motor North America, Inc.

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition for exemption.

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

SUMMARY: This document grants in full the Toyota Motor North America, 
Inc.'s (Toyota) petition for exemption from the Federal Motor Vehicle 
Theft Prevention Standard (theft prevention standard) for its Corolla 
Cross vehicle line beginning in model year (MY) 2022. The petition is 
granted because the agency has determined that the antitheft device to 
be placed on the line as standard equipment is likely to be as 
effective in reducing and deterring motor vehicle theft as compliance 
with the parts-marking requirements of the theft prevention standard.

DATES: The exemption granted by this notice is effective beginning with 
the 2022 model year.

FOR FURTHER INFORMATION CONTACT: Carlita Ballard, Office of 
International Policy, Fuel Economy, and Consumer Programs, NHTSA, West 
Building, W43-439, NRM-310, 1200 New Jersey Avenue SE, Washington, DC 
20590. Ms. Ballard's phone number is (202) 366-5222. Her fax number is 
(202) 493-2990.

SUPPLEMENTARY INFORMATION: Under 49 U.S.C. Chapter 331, the Secretary 
of Transportation (and the National Highway Traffic Safety 
Administration (NHTSA) by delegation) is required to promulgate a theft 
prevention standard to provide for the identification of certain motor 
vehicles and their major replacement parts to impede motor vehicle 
theft. NHTSA promulgated regulations at 49 CFR part 541 (theft 
prevention standard) to require parts-marking for specified passenger 
motor vehicles and light trucks. Pursuant to 49 U.S.C. 33106, 
manufacturers that are subject to the parts-marking requirements may 
petition NHTSA, by delegation, for an exemption for a line of passenger 
motor vehicles equipped with an antitheft device as standard equipment 
that NHTSA decides is likely to be as effective in reducing and 
deterring motor vehicle theft as compliance with the parts-marking 
requirements. In accordance with this statute, NHTSA promulgated 49 CFR 
part 543, which establishes the process through which manufacturers may 
seek an exemption from the theft prevention standard.
    49 CFR 543.5 provides general submission requirements for petitions 
and states that each manufacturer may petition NHTSA for an exemption 
of one vehicle line per model year. Among other requirements, 
manufacturers must identify whether the exemption is sought under 
section 543.6 or section 543.7. Under section 543.6, a manufacturer may 
request an exemption by providing specific information about the 
antitheft device, its capabilities, and the reasons the petitioner 
believes the device to be as effective at reducing and deterring theft 
as compliance with the parts-marking requirements. Section 543.7 
permits a manufacturer to request an exemption under a more streamlined 
process if the vehicle line is equipped with an antitheft device (an 
``immobilizer'') as standard equipment that complies with one of the 
standards specified in that section.\1\
---------------------------------------------------------------------------

    \1\ 49 CFR 543.7 specifies that the manufacturer must include a 
statement that their entire vehicle line is equipped with an 
immobilizer that meets one of the following standards:
    (1) The performance criteria (subsections 8 through 21) of 
C.R.C, c. 1038.114, Theft Protection and Rollaway Prevention (in 
effect March 30, 2011), as excerpted in appendix A of [part 543];
    (2) National Standard of Canada CAN/ULC-S338-98, Automobile 
Theft Deterrent Equipment and Systems: Electronic Immobilization 
(May 1998);
    (3) United Nations Economic Commission for Europe (UN/ECE) 
Regulation No. 97 (ECE R97), Uniform Provisions Concerning Approval 
of Vehicle Alarm System (VAS) and Motor Vehicles with Regard to 
Their Alarm System (AS) in effect August 8, 2007; or
    (4) UN/ECE Regulation No. 116 (ECE R116), Uniform Technical 
Prescriptions Concerning the Protection of Motor Vehicles Against 
Unauthorized Use in effect on February 10, 2009.

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

[[Page 26134]]

    Section 543.8 establishes requirements for processing petitions for 
exemption from the theft prevention standard. As stated in section 
543.8(a), NHTSA processes any complete exemption petition. If NHTSA 
receives an incomplete petition, NHTSA will notify the petitioner of 
the deficiencies. Once NHTSA receives a complete petition the agency 
will process it and, in accordance with section 543.8(b), will grant 
the petition if it determines that, based upon substantial evidence, 
the standard equipment antitheft device is likely to be as effective in 
reducing and deterring motor vehicle theft as compliance with the 
parts-marking requirements of part 541.
    Section 543.8(c) requires NHTSA to issue its decision either to 
grant or to deny an exemption petition not later than 120 days after 
the date on which a complete petition is filed. If NHTSA does not make 
a decision within the 120-day period, the petition shall be deemed to 
be approved and the manufacturer shall be exempt from the standard for 
the line covered by the petition for the subsequent model year.\2\ 
Exemptions granted under part 543 apply only to the vehicle line or 
lines that are subject to the grant and that are equipped with the 
antitheft device on which the line's exemption was based, and are 
effective for the model year beginning after the model year in which 
NHTSA issues the notice of exemption, unless the notice of exemption 
specifies a later year.
---------------------------------------------------------------------------

    \2\ 49 U.S.C. 33106(d).
---------------------------------------------------------------------------

    Sections 543.8(f) and (g) apply to the manner in which NHTSA's 
decisions on petitions are to be made known. Under section 543.8(f), if 
the petition is sought under section 543.6, NHTSA publishes a notice of 
its decision to grant or deny the exemption petition in the Federal 
Register and notifies the petitioner in writing. Under section 
543.8(g), if the petition is sought under section 543.7, NHTSA notifies 
the petitioner in writing of the agency's decision to grant or deny the 
exemption petition.
    This grant of petition for exemption considers Toyota Motor North 
America, Inc.'s (Toyota) petition for its Corolla Cross vehicle line 
beginning in MY 2022.

I. Specific Petition Content Requirements Under 49 CFR 543.6

    Pursuant to 49 CFR part 543, Exemption from Vehicle Theft 
Prevention, Toyota petitioned for an exemption for its specified 
vehicle line from the parts-marking requirements of the theft 
prevention standard, beginning in MY 2022. Toyota petitioned under 49 
CFR 543.6, Petition: Specific content requirements, which, as described 
above, requires manufacturers to provide specific information about the 
antitheft device installed as standard equipment on all vehicles in the 
line for which an exemption is sought, the antitheft device's 
capabilities, and the reasons the petitioner believes the device to be 
as effective at reducing and deterring theft as compliance with the 
parts-marking requirements.
    More specifically, section 543.6(a)(1) requires petitions to 
include a statement that an antitheft device will be installed as 
standard equipment on all vehicles in the line for which the exemption 
is sought. Under section 543.6(a)(2), each petition must list each 
component in the antitheft system, and include a diagram showing the 
location of each of those components within the vehicle. As required by 
section 543.6(a)(3), each petition must include an explanation of the 
means and process by which the device is activated and functions, 
including any aspect of the device designed to: (1) Facilitate or 
encourage its activation by motorists; (2) attract attention to the 
efforts of an unauthorized person to enter or move a vehicle by means 
other than a key; (3) prevent defeating or circumventing the device by 
an unauthorized person attempting to enter a vehicle by means other 
than a key; (4) prevent the operation of a vehicle which an 
unauthorized person has entered using means other than a key; and (5) 
ensure the reliability and durability of the device.\3\
---------------------------------------------------------------------------

    \3\ 49 CFR 543.6(a)(3).
---------------------------------------------------------------------------

    In addition to providing information about the antitheft device and 
its functionality, petitioners must also submit the reasons for their 
belief that the antitheft device will be effective in reducing and 
deterring motor vehicle theft, including any theft data and other data 
that are available to the petitioner and form a basis for that 
belief,\4\ and the reasons for their belief that the agency should 
determine that the antitheft device is likely to be as effective as 
compliance with the parts-marking requirements of part 541 in reducing 
and deterring motor vehicle theft. In support of this belief, the 
petitioners should include any statistical data that are available to 
the petitioner and form the basis for the petitioner's belief that a 
line of passenger motor vehicles equipped with the antitheft device is 
likely to have a theft rate equal to or less than that of passenger 
motor vehicles of the same, or a similar, line which have parts marked 
in compliance with part 541.\5\
---------------------------------------------------------------------------

    \4\ 49 CFR 543.6(a)(4).
    \5\ 49 CFR 543.6(a)(5).
---------------------------------------------------------------------------

    The following sections describe Toyota's petition information 
provided pursuant to 49 CFR part 543, Exemption from Vehicle Theft 
Prevention. To the extent that specific information in Toyota's 
petition is subject to a properly filed confidentiality request, that 
information was not disclosed as part of this notice.\6\
---------------------------------------------------------------------------

    \6\ 49 CFR 512.20(a).
---------------------------------------------------------------------------

II. Toyota's Petition for Exemption

    In a petition dated November 19, 2020, as supplemented with 
additional information submitted on April 6, 2021,\7\ Toyota requested 
an exemption from the parts-marking requirements of the theft 
prevention standard for the Corolla Cross vehicle line beginning with 
MY 2022.
---------------------------------------------------------------------------

    \7\ As discussed above, per 49 CFR 543.8(a), NHTSA processes the 
petition once the manufacturer submits all the information required 
by 49 CFR part 543.
---------------------------------------------------------------------------

    In its petition, Toyota provided a detailed description and diagram 
of the identity, design, and location of the components of the 
antitheft device for the Corolla Cross vehicle line. Toyota stated that 
its MY 2022 Corolla Cross vehicle line will be installed with an engine 
immobilizer device as standard equipment, as required by 543.6(a)(1). 
Toyota also stated that it will offer two entry/start systems on its 
Corolla Cross vehicle line. Specifically, Toyota stated that it will 
offer a ``smart entry and start'' system or a ``transponder key and 
start'' system on its vehicle line. Specifically, key components of the 
``smart entry and start'' system will include a certification engine 
control unit (ECU), engine switch, steering lock ECU, security 
indicator, door control receiver, electrical key, ID code box, and an 
engine control module (ECM). Key components of the ``transponder key 
and start'' system will include a transponder key ECU assembly, 
transponder key coil, security indicator, ignition key and an ECM. 
Toyota stated that there will also be position switches installed on 
the vehicle to protect the hood and doors from unauthorized tampering/
opening. Toyota further explained that locking the doors can be 
accomplished through use of a key, wireless switch or its smart entry 
system, and that unauthorized tampering with the hood or door without 
using one of these methods will cause the position switches to trigger 
its

[[Page 26135]]

antitheft device to operate. Toyota will not incorporate an audible and 
visual alarm system on its vehicle line.
    Pursuant to Section 543.6(a)(3), Toyota explained that its ``smart 
entry and start'' system is activated when the engine switch is pushed 
from the ``ON'' ignition status to any other status. The certification 
ECU then performs the calculation for the immobilizer and the 
immobilizer signals the ECM to activate the device. Toyota stated that 
key verification is also performed after the driver pushes the engine 
switch. Specifically, after the driver pushes the engine switch, the 
certification ECU and steering lock ECU receive confirmation of a valid 
key, and the certification ECU allows the ECM to start the engine. 
Toyota stated that the ``transponder key and start'' system is 
activated when the ignition key is turned from the ``ON'' position to 
some other status and the key is removed, allowing the immobilizer to 
activate and signal the ECM. Toyota also stated that in both systems, a 
security indicator is installed notifying the users and others inside 
and outside the vehicle with the status of the immobilizer. Toyota 
further explained that the security indicator flashes continuously when 
the immobilizer is activated, and turns off when it is deactivated.
    As required in section 543.6(a)(3)(v), Toyota provided information 
on the reliability and durability of its proposed device. To ensure 
reliability and durability of the device, Toyota conducted tests based 
on its own specified standards. Toyota provided a detailed list of the 
tests conducted (i.e., high and low temperature operation, strength, 
impact, vibration, electro-magnetic interference, etc.). Toyota stated 
that it believes that its device is reliable and durable because it 
complied with its own specific design standards and the antitheft 
device is installed on other vehicle lines for which the agency has 
granted a parts-marking exemption. As an additional measure of 
reliability and durability, Toyota stated that its vehicle key 
cylinders are covered with casting cases to prevent the key cylinder 
from easily being broken. Toyota further explained that there are 
approximately 10,000 combinations for inner cut keys which makes it 
difficult to unlock the doors without using a valid key because the key 
cylinders would spin out and cause the locks to not operate.
    Toyota stated that the 2022 model year is the first year that the 
first Corolla Cross model with immobilizers installed as standard 
equipment is available, and accordingly at the time of the petition 
submission, theft rate data for the MY 2022 Corolla Cross vehicle line 
is not available. However, Toyota compared its proposed device to other 
devices NHTSA has determined to be as effective in reducing and 
deterring motor vehicle theft as would compliance with the parts-
marking requirements. Toyota compared its proposed device to that which 
has been installed on the Toyota RAV4 and RAV4 HV vehicle line, which 
was granted a parts-marking exemption from 49 CFR part 541 by the 
agency beginning with MY 2014 vehicles. Toyota also referenced the 
NHTSA theft rate data published for the RAV4 and RAV4 HV showing an 
overall passenger motor vehicle's average of stolen rates in calendar 
year 2014 of 1.15 per thousand vehicles produced which the RAV4 
vehicles had a theft rate of 0.36. (see 82 FR 28246). Therefore, Toyota 
concluded that the antitheft device proposed for its Corolla Cross 
vehicle line is no less effective than those devices on the lines for 
which NHTSA has already granted full exemption from the parts-marking 
requirements. Toyota stated that it believes that installing the 
immobilizer device as standard equipment reduces the theft rate for the 
Corolla Cross vehicle line and expects it to experience comparable 
effectiveness and ultimately be more effective than parts-marking 
labels.

III. Decision To Grant the Petition

    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.8(b), the agency grants 
a petition for exemption from the parts-marking requirements of part 
541, either in whole or in part, if it determines that, based upon 
substantial evidence, the standard equipment antitheft device is likely 
to be as effective in reducing and deterring motor vehicle theft as 
compliance with the parts-marking requirements of part 541. The agency 
finds that Toyota has provided adequate reasons for its belief that the 
antitheft device for its vehicle line is likely to be as effective in 
reducing and deterring motor vehicle theft as compliance with the 
parts-marking requirements of the theft prevention standard. This 
conclusion is based on the information Toyota provided about its 
antitheft device. NHTSA believes, based on Toyota's supporting 
evidence, the antitheft device described for its vehicle line is likely 
to be as effective in reducing and deterring motor vehicle theft as 
compliance with the parts-marking requirements of the theft prevention 
standard.
    The agency concludes that Toyota's antitheft device will provide 
the five types of performance features listed in section 543.6(a)(3): 
Promoting activation; attracting attention to the efforts of 
unauthorized persons to enter or operate a vehicle by means other than 
a key; preventing defeat or circumvention of the device by unauthorized 
persons; preventing operation of the vehicle by unauthorized entrants; 
and ensuring the reliability and durability of the device.
    The agency notes that 49 CFR part 541, Appendix A-1, identifies 
those lines that are exempted from the theft prevention standard for a 
given model year. 49 CFR 543.8(f) contains publication requirements 
incident to the disposition of all part 543 petitions. Advanced 
listing, including the release of future product nameplates, the 
beginning model year for which the petition is granted and a general 
description of the antitheft device is necessary in order to notify law 
enforcement agencies of new vehicle lines exempted from the parts-
marking requirements of the theft prevention standard.
    If Toyota decides not to use the exemption for its requested 
vehicle line, the manufacturer must formally notify the agency. If such 
a decision is made, the line must be fully marked as required by 49 CFR 
541.5 and 541.6 (marking of major component parts and replacement 
parts).
    NHTSA notes that if a manufacturer to which an exemption has been 
granted wishes in the future to modify the device on which the 
exemption is based, the company may have to submit a petition to modify 
the exemption. Section 543.8(d) states that a part 543 exemption 
applies only to vehicles that belong to a line exempted under this part 
and equipped with the antitheft device on which the line's exemption is 
based. Further, section 543.10(c)(2) provides for the submission of 
petitions ``to modify an exemption to permit the use of an antitheft 
device similar to but differing from the one specified in the 
exemption.'' \8\
---------------------------------------------------------------------------

    \8\ The agency wishes to minimize the administrative burden that 
section 543.10(c)(2) could place on exempted vehicle manufacturers 
and itself. The agency did not intend in drafting part 543 to 
require the submission of a modification petition for every change 
to the components or design of an antitheft device. The significance 
of many such changes could be de minimis. Therefore, NHTSA suggests 
that if a manufacturer with an exemption contemplates making any 
changes, the effects of which might be characterized as de minimis, 
it should consult the agency before preparing and submitting a 
petition to modify.
---------------------------------------------------------------------------

    For the foregoing reasons, the agency hereby grants in full 
Toyota's petition for exemption for the Corolla Cross vehicle line from 
the parts-marking requirements of 49 CFR part 541, beginning with its 
MY 2022 vehicles.


[[Page 26136]]


    Issued under authority delegated in 49 CFR 1.95 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2021-09982 Filed 5-11-21; 8:45 am]
BILLING CODE 4910-59-P