Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Toyota |
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Topics: Toyota Sienna
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R. Ryan Posten
National Highway Traffic Safety Administration
November 25, 2014
[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Notices]
[Pages 70277-70279]
From the Federal Register Online via the Government Printing 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
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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
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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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