Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Notices 13355 

conditions of the Airport Improvement 

Program Grant Agreement Grant 

Assurances in order to dispose of the 

land. In accordance with 49 U.S.C. 

47107(c)(2)(B)(i) and (iii), the airport 

will receive fair market value for the 

property, which will be subsequently 

reinvested in another eligible airport 

improvement project for aviation use. 

Any person may inspect, by 

appointment, the request in person at 

the FAA office listed above under FOR

FURTHER INFORMATION CONTACT. 

Issued in Atlanta, Georgia on March 4, 

2022. 

Joseph Parks Preston, 

Assistant Manager, Atlanta Airports District 

Office, Southern Region. 

[FR Doc. 2022–04988 Filed 3–8–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2010–0045] 

Metro-North Commuter Railroad’s 

Request To Amend Its Positive Train 

Control Safety Plan and Positive Train 

Control System 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: This document provides the 

public with notice that, on February 22, 

2022, Metro-North Commuter Railroad 

(MNR) submitted a request for 

amendment (RFA) to its FRA-approved 

Positive Train Control Safety Plan 

(PTCSP). As this RFA may involve a 

request for FRA’s approval of proposed 

material modifications to an FRAcertified positive train control (PTC) 

system, FRA is publishing this notice 

and inviting public comment on the 

railroad’s RFA to its PTCSP. 

DATES: FRA will consider comments 

received by March 29, 2022. FRA may 

consider comments received after that 

date to the extent practicable and 

without delaying implementation of 

valuable or necessary modifications to a 

PTC system. 

ADDRESSES: 

Comments: Comments may be 

submitted by going to https://

www.regulations.gov and following the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and the 

applicable docket number. The relevant 

PTC docket number for this host 

railroad is Docket No. FRA–2010–0045. 

For convenience, all active PTC dockets 

are hyperlinked on FRA’s website at 

https://railroads.dot.gov/train-control/ 

ptc/ptc-annual-and-quarterly-reports. 

All comments received will be posted 

without change to https://

www.regulations.gov; this includes any 

personal information. 

FOR FURTHER INFORMATION CONTACT: 

Gabe Neal, Staff Director, Signal, Train 

Control, and Crossings Division, 

telephone: 816–516–7168, email: 

Gabe.Neal@dot.gov. 

SUPPLEMENTARY INFORMATION: In general, 

Title 49 United States Code (U.S.C.) 

Section 20157(h) requires FRA to certify 

that a host railroad’s PTC system 

complies with 49 CFR part 236, subpart 

I, before the technology may be operated 

in revenue service. Before making 

certain changes to an FRA-certified PTC 

system or the associated FRA-approved 

PTCSP, a host railroad must submit, and 

obtain FRA’s approval of, an RFA to its 

PTCSP under Title 49 Code of Federal 

Regulations (CFR) Section 236.1021. 

Under 49 CFR 236.1021(e), FRA’s 

regulations provide that FRA will 

publish a notice in the Federal Register 

and invite public comment in 

accordance with 49 CFR part 211, if an 

RFA includes a request for approval of 

a material modification of a signal and 

train control system. Accordingly, this 

notice informs the public that, on 

February 22, 2022, MNR submitted an 

RFA to its PTCSP for its Advanced Civil 

Speed Enforcement System II (ACSES II) 

and that RFA is available in Docket No. 

FRA–2010–0045. 

Interested parties are invited to 

comment on MNR’s RFA to its PTCSP 

by submitting written comments or data. 

During FRA’s review of this railroad’s 

RFA, FRA will consider any comments 

or data submitted within the timeline 

specified in this notice and to the extent 

practicable, without delaying 

implementation of valuable or necessary 

modifications to a PTC system. See 49 

CFR 236.1021; see also 49 CFR 

236.1011(e). Under 49 CFR 236.1021, 

FRA maintains the authority to approve, 

approve with conditions, or deny a 

railroad’s RFA to its PTCSP at FRA’s 

sole discretion. 

Privacy Act Notice 

In accordance with 49 CFR 211.3, 

FRA solicits comments from the public 

to better inform its decisions. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to https://

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

https://www.transportation.gov/privacy. 

See https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. To facilitate comment 

tracking, we encourage commenters to 

provide their name, or the name of their 

organization; however, submission of 

names is completely optional. If you 

wish to provide comments containing 

proprietary or confidential information, 

please contact FRA for alternate 

submission instructions. 

Issued in Washington, DC. 

Carolyn R. Hayward-Williams, 

Director, Office of Railroad Systems and 

Technology. 

[FR Doc. 2022–04995 Filed 3–8–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition for Exemption From the 

Federal Motor Vehicle Theft Prevention 

Standard; Toyota 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 Lexus IS vehicle line beginning in 

model year (MY) 2023. 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 

2023 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 


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13356 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / 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). 

3 49 CFR 543.6(a)(3). 

4 49 CFR 543.6(a)(4). 

5 49 CFR 543.6(a)(5). 

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 

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 Lexus IS 

vehicle line beginning in MY 2023. 

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 2023. 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 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Notices 13357 

6 49 CFR 512.20(a). 

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 September 16, 

2021, Toyota requested an exemption 

from the parts-marking requirements of 

the theft prevention standard for the 

Lexus IS vehicle line beginning with 

MY 2023. 

In its petition, Toyota provided a 

detailed description and diagram of the 

identity, design, and location of the 

components of the antitheft device for 

the Lexus IS vehicle line. Toyota stated 

that its MY 2023 Lexus IS 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 an entry 

and start system on its Lexus IS 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 

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 its Lexus IS vehicle 

has already been equipped with an 

immobilizer since MY 2014 as standard 

equipment. Toyota also stated that at the 

time of the petition submission, theft 

rate data for the MY 2023 Lexus IS 

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 Nissan Altima vehicle 

line, which was granted a parts-marking 

exemption from 49 CFR part 541 by the 

agency beginning with MY 2000 

vehicles. Toyota also referenced the 

NHTSA theft rate data published for the 

Altima before and after being equipped 

with a standard immobilizer showing 

the average theft rate drop to 3.0 per 

1,000 vehicles (2000–2006) compared to 

5.3 per 1,000 vehicles (1996–1999). 

Toyota stated that the data for the 

Altima represents an approximate 43% 

decrease in a theft rate with an 

immobilizer. (see 82 FR 28246). 

Therefore, Toyota concluded that the 

antitheft device proposed for its Lexus 

IS 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 Lexus IS 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, 


jspears on DSK121TN23PROD with NOTICES1
13358 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / 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. 

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. 

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 Lexus IS vehicle 

line from the parts-marking 

requirements of 49 CFR part 541, 

beginning with its MY 2023 vehicles. 

Issued under authority delegated in 49 CFR 

1.95 and 501.8. 

Raymond R. Posten, 

Associate Administrator for Rulemaking. 

[FR Doc. 2022–04929 Filed 3–8–22; 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; North American Subaru, 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 North American Subaru, Inc.’s 

(Subaru) petition for exemption from 

the Federal Motor Vehicle Theft 

Prevention Standard (theft prevention 

standard) for its BRZ vehicle line 

beginning in model year (MY) 2023. 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. Subaru 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 

2023 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 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

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 


jspears on DSK121TN23PROD with NOTICES1