[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Notices]
[Pages 70277-70279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27888]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; Toyota

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

ACTION: Grant of petition for exemption.

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SUMMARY: This document grants in full Toyota Motor North America, 
Inc.'s, (Toyota) petition for an exemption of the Sienna vehicle line 
in accordance with 49 CFR part 543, Exemption from Vehicle Theft 
Prevention Standard. This petition is granted because the agency has 
determined that the antitheft device to be placed on the line as 
standard equipment is likely to be as effective in reducing and 
deterring motor vehicle theft as compliance with the parts-marking 
requirements of the 49 CFR part 541, Federal Motor Vehicle Theft 
Prevention Standard (Theft Prevention Standard).

DATES: The exemption granted by this notice is effective beginning with 
the 2016 model year (MY).

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

SUPPLEMENTARY INFORMATION: In a petition dated July 1, 2014, Toyota 
requested an exemption from the parts-marking requirements of the Theft 
Prevention Standard for the Sienna vehicle line beginning with MY 2016. 
The petition requested an exemption from parts-marking pursuant to 49 
CFR part 543, Exemption from Vehicle Theft Prevention Standard, based 
on the installation of an antitheft device as standard equipment for 
the entire vehicle line.
    Under 49 CFR part 543.5(a), a manufacturer may petition NHTSA to 
grant an exemption for one vehicle line per model year. In its 
petition, Toyota provided a detailed description and diagram of the 
identity, design, and location of the components of the antitheft 
device for the Sienna vehicle line. Toyota stated that the MY 2016 
Sienna vehicle line will be installed with an engine immobilizer device 
as standard equipment. Toyota also stated that it will offer two entry/
start systems on its Sienna vehicle line. Specifically, Toyota stated 
that the Sienna vehicle line will be offered with a ``smart entry and 
start system'' or a ``remote keyless entry (RKE) and start system''. 
Key components of the ``smart entry and start system'' are an engine 
immobilizer device, a certification electronic control unit (ECU), 
engine switch, steering lock ECU, security indicator, door control 
receiver, electrical key and an electronic control module (ECM). The 
``RKE and start system'' components are an engine

[[Page 70278]]

immobilizer device, transponder key ECU assembly, transponder key coil, 
security indicator, ignition key and an ECM. Toyota further stated that 
it will offer an audible and visual alarm as standard equipment on its 
XLE and Limited trim level models and as optional equipment on its L, 
LE, and SE trim level models.
    Toyota stated that its ``smart entry and start system'' will allow 
the driver to start the engine by pressing the engine switch button 
located on the instrument panel. Once the driver pushes the engine 
switch button, the certification ECU verifies the electrical key. When 
the key is verified, the certification ECU and steering lock ECU 
receive confirmation of the valid key, and the certification ECU allows 
the ECM to start the engine. Toyota stated that its ``smart entry and 
start system'' immobilizer device is activated when the engine switch 
is pushed from the ``ON'' status to any other ignition status. The 
certification ECU performs a calculation for the immobilizer device 
then the certification ECU performs the calculation activating the 
immobilizer device and signaling the ECM. The device is deactivated 
when the doors are unlocked and the device recognizes the key code.
    Toyota stated that once the key is inserted into the key cylinder 
for the ``RKE and start system'', the transponder chip in the key sends 
the key ID codes to the transponder key ECU assembly to verify the 
code. Once the code has been verified, the immobilizer device will 
allow the ECM to start the engine. Activation of the immobilizer device 
in the ``RKE and start system'' occurs when the ignition key is turned 
from the ``ON'' status or any other position and/or the key is removed. 
Deactivation of the immobilizer device in the ``RKE and start system'' 
occurs when the door is unlocked and the key is turned to the ``ON'' 
position.
    Toyota stated that the device will be installed with a security 
indicator feature which will provide the status of the immobilizer 
device for its Sienna vehicle line. When the immobilizer device is 
activated, the security indicator flashes continuously. When the 
immobilizer device is not activated, the security indicator is off. 
Additionally, Toyota stated that there will be position switches 
installed on the vehicle to protect its hood and doors. The position 
switch for the hood will sense the lock releasing when the hood is 
opened inappropriately from outside of the vehicle. The door position 
switches will sense the vehicle's key cylinder rotation and the door's 
locked/unlocked status. Toyota stated that attempting to open the doors 
without using the proper key will trigger activation of the antitheft 
device. Toyota further stated that all the doors of its Sienna vehicle 
line can be locked by using either a key, a wireless switch or a smart 
entry system.
    Toyota's submission is considered a complete petition as required 
by 49 CFR 543.7 in that it meets the general requirements contained in 
Sec.  543.5 and the specific content requirements of Sec.  543.6.
    In addressing the specific content requirements of Sec.  543.6, 
Toyota provided information on the reliability and durability of its 
proposed device. To ensure reliability and durability of the device, 
Toyota conducted tests based on its own specified standards. Toyota 
provided a detailed list of the tests conducted (i.e., high and low 
temperature, strength, impact, vibration, electro-magnetic 
interference, etc.). Toyota stated that it believes that its device is 
reliable and durable because it complied with its own specific design 
standards and the antitheft device is installed on other vehicle lines 
for which the agency has granted a parts-marking exemption. Toyota 
stated that the antitheft device is already installed as standard 
equipment on its MY 2015 Sienna and plans to continue installation of 
the device on its MY 2016 and later vehicles. The theft rate for the 
Toyota Sienna vehicle line using an average of three model years' data 
(MYs 2009-2011) is 0.7345, well below the 3.5826 median theft rate. As 
an additional measure of reliability and durability, Toyota stated that 
its vehicle key cylinders are covered with casting cases to prevent the 
key cylinder from easily being broken. Toyota further stated that there 
are also so many key cylinder combinations and key plates for its 
gutter keys, making it very difficult to unlock the doors without using 
a valid key.
    Toyota also compared its proposed device to other devices NHTSA has 
determined to be as effective in reducing and deterring motor vehicle 
theft as would compliance with the parts-marking requirements (i.e., 
Toyota Camry, Corolla, Lexus LS, Lexus ES, RAV4, Highlander, Prius and 
the Lexus GS vehicle lines). These lines have all been granted parts-
marking exemptions by the agency. The theft rates for these lines using 
an average of three model years' data (2009-2011) are 1.2602, 1.3295, 
0.7258, 0.3175, 0.5682, 0.5669, 0.2675 and 0.6315 respectively. 
Therefore, Toyota has concluded that the antitheft device proposed for 
its Sienna vehicle line is no less effective than those devices in the 
lines for which NHTSA has already granted full exemption from the 
parts-marking requirements. Toyota believes that installing the 
immobilizer device as standard equipment reduces the theft rate and 
expects the Sienna to experience comparable effectiveness ultimately 
being more effective than parts-marking labels.
    Based on the evidence submitted by Toyota, the agency believes that 
the antitheft device for the Sienna vehicle line is likely to be as 
effective in reducing and deterring motor vehicle theft as compliance 
with the parts-marking requirements of the Theft Prevention Standard 
(49 CFR 541).
    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7 (b), the agency grants 
a petition for exemption from the parts-marking requirements of Part 
541, either in whole or in part, if it determines that, based upon 
substantial evidence, the standard equipment antitheft device is likely 
to be as effective in reducing and deterring motor vehicle theft as 
compliance with the parts-marking requirements of Part 541. The agency 
finds that Toyota has provided adequate reasons for its belief that the 
antitheft device for the Toyota Sienna vehicle line is likely to be as 
effective in reducing and deterring motor vehicle theft as compliance 
with the parts-marking requirements of the Theft Prevention Standard 
(49 CFR part 541). This conclusion is based on the information Toyota 
provided about its device.
    The agency concludes that the device will provide four of the five 
types of performance listed in Sec.  543.6(a)(3): Promoting activation; 
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.
    For the foregoing reasons, the agency hereby grants in full 
Toyota's petition for exemption for the Toyota Sienna vehicle line from 
the parts-marking requirements of 49 CFR part 541. The agency notes 
that 49 CFR part 541, Appendix A-1, identifies those lines that are 
exempted from the Theft Prevention Standard for a given model year. 49 
CFR part 543.7(f) contains publication requirements incident to the 
disposition of all Part 543 petitions. Advanced listing, including the 
release of future product nameplates, the beginning model year for 
which the petition is granted and a general description of the 
antitheft device is necessary in order to notify law enforcement 
agencies of new vehicle lines exempted from the parts marking

[[Page 70279]]

requirements of the Theft Prevention Standard.
    If Toyota decides not to use the exemption for this line, it should 
formally notify the agency. If such a decision is made, the line must 
be fully marked according to the requirements under 49 CFR parts 541.5 
and 541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if Toyota wishes in the future to modify the 
device on which this exemption is based, the company may have to submit 
a petition to modify the exemption. Part 543.7(d) states that a Part 
543 exemption applies only to vehicles that belong to a line exempted 
under this part and equipped with the antitheft device on which the 
line's exemption is based. Further, Part 543.9(c)(2) provides for the 
submission of petitions ``to modify an exemption to permit the use of 
an antitheft device similar to but differing from the one specified in 
that exemption.''
    The agency wishes to minimize the administrative burden that Part 
543.9(c)(2) could place on exempted vehicle manufacturers and itself. 
The agency did not intend in drafting Part 543 to require the 
submission of a modification petition for every change to the 
components or design of an antitheft device. The significance of many 
such changes could be de minimis. Therefore, NHTSA suggests that if the 
manufacturer contemplates making any changes, the effects of which 
might be characterized as de minimis, it should consult the agency 
before preparing and submitting a petition to modify.
    Under authority delegated in 49 CFR part 1.95.

R. Ryan Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2014-27888 Filed 11-24-14; 8:45 am]
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