10152 Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 

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. 

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

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.’’ 

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 Volkswagen 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 Volkswagen’s 

petition for exemption for the ID.7 

vehicle line from the parts-marking 

requirements of 49 CFR part 541, 

beginning with its MY 2025 vehicles. 

Issued under authority delegated in 

49 CFR 1.95 and 501.8. 

Raymond R. Posten, 

Associate Administrator for Rulemaking. 

[FR Doc. 2024–02865 Filed 2–12–24; 8:45 am] 

BILLING CODE 4910–59–P 

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 Subaru Solterra vehicle line 

beginning in model year (MY) 2025. 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. Toyota also 

requested confidential treatment for 

specific information in its petition. 

Therefore, no confidential information 

provided for purposes of this notice has 

been disclosed. 

DATES: The exemption granted by this 

notice is effective beginning with the 

2025 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 the Secretary 

of Transportation for an exemption for 

a line of passenger motor vehicles 

equipped with an antitheft device as 

standard equipment that the Secretary 

decides is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking 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

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 


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Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 10153 

3 49 CFR 543.6(a)(3). 

4 49 CFR 543.6(a)(4). 

5 49 CFR 543.6(a)(5). 

6 49 CFR 512.20(a). 

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 Subaru 

Solterra vehicle line beginning in MY 

2025. 

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 2025. 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 

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 7, 2023, 

Toyota requested an exemption from the 

parts-marking requirements of the theft 

prevention standard for the Subaru 

Solterra vehicle line beginning with MY 

2025. 

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 Subaru Solterra vehicle line. Toyota 

stated that its MY 2025 Subaru Solterra 

vehicle line will be installed with an 

engine immobilizer device as standard 

equipment, as required by 543.6(a)(1). 

Toyota stated that it will offer ‘‘smart 

entry and start’’ system on its Subaru 

Solterra vehicle line. Specifically, key 

components of the ‘‘smart entry and 

start’’ system will include a certification 

engine control unit (ECU), engine 

switch, security indicator, door control 

receiver, electrical key, ID code box, and 

an engine control module (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 

antitheft device to operate. Toyota will 

also incorporate an audible and visual 

alarm system on its vehicle line, when 

unauthorized access is attempted, the 

horn will sound and the lights will 

flash. 

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 also explained that 

its ‘‘smart entry and start’’ system is 

deactivated after the driver pushes the 

engine switch and the key is verified, 

the certification ECU and ID code box 

receives verification of a valid key, the 

certification ECU allows the ECM to 

start the engine. Toyota stated that in its 

system, a security indicator is installed 

notifying the user 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 

20,000 combinations for the key 

cylinders and key plates for outer gutter 

keys and about 10,000 for the inner 

gutter 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 its Subaru Solterra 

vehicle has already been equipped with 

an immobilizer since MY 2023 as 


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10154 Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices 

7The 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. 

standard equipment. Toyota also stated 

that at the time of the petition 

submission, theft rate data for the MY 

2025 Subaru Solterra 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 also compared its 

proposed device to a similar type of 

system 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 

calendar year 2014 with 1.15 per 

thousand vehicles produced and 

showing the average theft rate of 0.36 for 

the RAV4 and RAV4 HV. Therefore, 

Toyota concluded that the antitheft 

device proposed for its Subaru Solterra 

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 Subaru Solterra 

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 

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 Toyota wishes in 

the future to modify the device on 

which this exemption is based, the 

company may have to submit a petition 

to modify the exemption. Section 

543.8(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.’’ 7

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 Toyota 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 Subaru Solterra 

vehicle line from the parts-marking 

requirements of 49 CFR part 541, 

beginning with its MY 2025 vehicles. 

Issued under authority delegated in 

49 CFR 1.95 and 501.8. 

Raymond R. Posten, 

Associate Administrator for Rulemaking. 

[FR Doc. 2024–02866 Filed 2–12–24; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Great Lakes St. Lawrence Seaway 

Development Corporation 

Great Lakes St. Lawrence Seaway 

Development Corporation Advisory 

Board; Notice of Meeting 

AGENCY: Great Lakes St. Lawrence 

Seaway Development Corporation, DOT. 

ACTION: Notice of public meetings. 

SUMMARY: This notice announces the 

public meetings of the Great Lakes St. 

Lawrence Seaway Development 

Corporation (GLS) Advisory Board. 

DATES: The public meetings will be held 

on (all times eastern): 

• Wednesday, March 6, 2024, from 2 

p.m.–4 p.m. EST 

Æ Requests to attend the meeting 

must be received by March 1, 2024. 

Æ Requests for accommodations to a 

disability must be received by March 1, 

2024. 

Æ If you wish to speak during the 

meeting, you must submit a written 

copy of your remarks to GLS by March 

1, 2024. 

Æ Requests to submit written 

materials to be reviewed during the 

meeting must be received no later than 

March 1, 2024. 

• Tuesday, May 14, 2024, from 8:30 

a.m.–10:30 a.m. EDT 

Æ Requests to attend the meeting 

must be received by May 9, 2024. 

Æ Requests for accommodations to a 

disability must be received by May 9, 

2024. 

Æ If you wish to speak during the 

meeting, you must submit a written 


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