Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Toyota |
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Topics: Lexus RX
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Raymond R. Posten
Federal Highway Administration
19 February 2016
[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8592-8594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03443]
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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 the Toyota Motor North America,
Inc.'s, (Toyota) petition for an exemption of the Lexus RX 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 2017 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, 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 December 1, 2015, Toyota
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard for the Lexus RX vehicle line beginning with MY
2017. 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 Lexus RX vehicle line. Toyota stated that its MY 2017
Lexus RX vehicle line and RX hybrid vehicle model (HV) will be
installed with a ``smart entry and start'' system and an engine
immobilizer device as standard equipment. Toyota further explained that
the ``smart entry and start'' system on its Lexus RX vehicle line will
have slightly different components than those on its RX HV model. Key
components of the ``smart entry and start'' system on the Lexus RX
vehicle line will include an engine immobilizer, a certification
electronic control unit (ECU), engine switch, steering lock ECU,
security indicator, door control receiver, electrical key, an
electronic control module (ECM) and an ID code box. The key components
installed on its RX HV model will also include a power switch and a
power source HV-ECU. Toyota stated that it will also install an audible
and visual alarm system on its Lexus RX vehicle line as standard
equipment and that there will be position switches installed on the
vehicle to protect the hood and doors from unauthorized tampering/
opening. Toyota further explained locking of the doors can be
accomplished through use of a conventional key, wireless switch
incorporated within the keyfob or its
[[Page 8593]]
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 the alarm 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 2003 Lexus RX vehicle line and the MY 2006 RX HV
model. The theft rate for the Toyota Lexus RX vehicle line using an
average of three model years' data (MYs 2011-2013) is 0.3679, which is
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 explained that the numerous
key cylinder combinations and key plates it uses for its gutter keys
would make it very difficult to unlock the doors without using a valid
key. If a valid key is used, the key cylinders spin out and its locks
will not work.
Toyota stated that its Lexus RX vehicles' ``smart entry and start''
system allows the driver to press the engine switch button located on
the instrument panel to start the vehicle. Once the driver pushes the
engine switch button, the certification ECU verifies the electrical
key. When the key is verified, the certification ECU, ID code box and
steering lock ECU receive confirmation of the valid key, and the
certification ECU allows the ECM to start the engine. With the RX HV
model ``smart entry and start'' system, once the driver pushes the
power switch button, the certification ECU verifies the key, the
certification ECU, ID code box and steering lock ECU receive
confirmation of a valid key, and then the certification ECU will allow
the ECM to start the vehicle.
Toyota stated that with its ``smart entry and start'' system, the
immobilizer device is activated when the engine switch is pushed from
the ``ON'' ignition status to any other ignition status, the
certification ECU performs the calculation of the immobilizer and the
immobilizer signals the ECM to activate the device. On the RX HV model,
the ``smart entry and start'' system's immobilizer device is activated
when the power switch is pushed from the ``ON'' ignition status to any
other ignition status, the certification ECU performs the calculation
of the immobilizer and the immobilizer signals the HV-ECU to activate
the device. Deactivation of its smart key-installed systems occurs when
the doors are unlocked and the device recognizes the key code.
Deactivation of the conventional key system occurs when the door is
unlocked and the key is turned to the ``ON'' position.
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, Prius, RAV4, Highlander, Sienna, Lexus LS, and
Lexus GS vehicle lines) which have all been granted parts-marking
exemptions by the agency. The theft rates for the Toyota Camry,
Corolla, Prius, RAV4, Highlander, Sienna, Lexus LS, and Lexus GS
vehicle lines using an average of three model years' data (2011-2013)
are 1.3030, 1.3988, 0.2464, 0.4100, 0.4603, 0.5124, 0.4879 and 0.9116
respectively. Therefore, Toyota has concluded that the antitheft device
proposed for its Lexus RX 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 as standard equipment reduces the theft
rate and expects the Lexus RX vehicle line to experience comparable
effectiveness, and ultimately be more effective than parts-marking
labels.
Based on the supporting evidence submitted by Toyota on its device,
the agency believes that the antitheft device for the Lexus RX 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). The agency concludes that the
device will provide the five types of performance listed in Sec.
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.
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 Lexus RX 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.
For the foregoing reasons, the agency hereby grants in full
Toyota's petition for exemption for the Toyota Lexus RX 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
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
[[Page 8594]]
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.
Issued in Washington, DC, under authority delegated in 49 CFR
1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2016-03443 Filed 2-18-16; 8:45 am]
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