Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Toyota Motor North America, Inc., 26133-26136 [2021-09982]
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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.
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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:
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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
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
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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).
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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
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CFR 543.6(a)(3).
CFR 543.6(a)(4).
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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
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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
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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
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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.
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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
https://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,
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SUMMARY:
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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 https://
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
https://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
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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]
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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.
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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\
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\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.
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[[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.
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\2\ 49 U.S.C. 33106(d).
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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\
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\3\ 49 CFR 543.6(a)(3).
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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\
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\4\ 49 CFR 543.6(a)(4).
\5\ 49 CFR 543.6(a)(5).
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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\
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\6\ 49 CFR 512.20(a).
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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.
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\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.
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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\
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\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.
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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
