[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Notices]
[Page 83107]
[FR Doc No: 2020-28070]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2020-0010]

Maritime Advisory Committee on Occupational Safety and Health
(MACOSH): Charter Renewal: Notice of Corrections

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of corrections to MACOSH charter.

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SUMMARY: OSHA is issuing corrections to the renewal and expiration
dates of the MACOSH charter.

FOR FURTHER INFORMATION CONTACT: Press inquiries: Mr. Frank Meilinger,
Director, OSHA Office of Communications, U.S. Department of Labor;
telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    General information: Ms. Amy Wangdahl, Director, Office of Maritime
and Agriculture, Directorate of Standards and Guidance; telephone;
(202) 693-2066; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On December 8, 2020, OSHA published a notice
announcing the renewal of the MACOSH charter (85 FR 79041). That notice
incorrectly stated that the Secretary of Labor renewed the MACOSH
charter on December 8, 2020, and that the renewed charter would expire
on December 8, 2022. This corrections notice is to correct the renewal
and expiration dates of the current MACOSH charter. The correct date of
the charter's renewal by the Secretary of Labor was December 11, 2020,
and the charter will expire on December 11, 2022.
    Authority and Signature: Loren Sweatt, Principal Deputy Assistant
Secretary of Labor for Occupational Safety and Health, authorized the
preparation of this notice pursuant to 29 U.S.C. 653, 655, and 656,
Secretary's Order 8-2020 (85 FR 58393; Sept. 18, 2020), and FACA, as
amended (5 U.S.C. App. 2), the implementing regulations (41 CFR part
102-3), Department of Labor Manual Series Chapter 1-900 (August 31,
2020), and 29 CFR part 1912.

    Signed at Washington, DC, on December 16, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-28070 Filed 12-18-20; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Rules and Regulations]
[Pages 52169-52171]
[FR Doc No: 2014-20865]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-0419; Special Conditions No. 25-563-SC]

Special Conditions: Gulfstream Aerospace Corporation, Model GVI;
Electro-Hydraulically Actuated Seats Equipped With a Backup Power
Supply

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special condition; request for comments.

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SUMMARY: These special conditions are issued for Gulfstream Aerospace
Corporation Model GVI airplane. This airplane, as modified by
Gulfstream Aerospace Corporation, will have novel or unusual design
features associated with the installation of electro-hydraulically
operated seats with a backup power supply (BPS) and hydraulic
reservoir, pump, and actuators, as well as massage and heating
functions. The applicable airworthiness regulations do not contain
adequate or appropriate safety standards for these design features.
These special conditions contain the additional safety standards that
the Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: The effective date of these special conditions is September 3,
2014. We must receive your comments by October 20, 2014.

ADDRESSES: Send comments identified by docket number FAA-2014-0419
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.

     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC between 9 a.m. and 5 p.m., Monday
through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/ including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Dan Jacquet, FAA, Airframe and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
aircraft. The FAA therefore finds that good cause exists for making
these special conditions effective upon publication in the Federal
Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On June 14, 2014, Gulfstream Aerospace Corporation applied for an
amendment to a Supplemental Type Certificate (STC) ST04252AT-D for the
installation of electro-hydraulically operated seats with novel or
unusual features in the Model GVI airplane. These features include a
backup power supply used to return the backrest, seat pan, and leg rest
to the taxi, takeoff, and landing (TT&L) position in the event of a
power failure. In addition, each seat contains a hydraulic reservoir,
pump, and actuators, as well as massage and heating functions. The
Model GVI is a business jet airplane powered by two Rolls-Royce
Deutschland Ltd. and Company KG turbofan engines and is certified for
19 passengers and a crew of 3.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulation (14
CFR) 21.101, Gulfstream Aerospace Corporation must show that the Model
GVI, as changed, continues to meet the applicable provisions of the
regulations incorporated by reference in Type Certificate No. T00015AT
or the applicable regulations in effect on the date of application for
the change. The regulations incorporated by reference in the type
certificate are commonly referred to as the ``original type
certification basis.'' The regulations incorporated by reference in
Type Certificate No. T00015AT are as follows:
     14 CFR part 25, Airworthiness Standards: Transport
Category Airplanes, effective February 1, 1965, including Amendments
25-1 through 25-120 and 25-122, 25-124, and 25-132. Amendment 25-118
was not published and therefore has no applicability.
     14 CFR part 36, Noise Standards: Aircraft Type and
Airworthiness Certification, effective December 1, 1969, including
Amendments 36-1 through 36-28.
     Compliance with Section 44715(e) of Title 49 U.S.C. (Noise
Control Act of 1972).
     Optional Design Regulations:
    (a) The Model GVI has been shown to comply with the requirements
for ditching: Sec. Sec.  25.801, 25.563, 25.807(e), and 25.1585(a).
When the operating rules require emergency ditching equipment,
compliance with Sec. Sec.  25.1411 and 25.1415 must be shown.
Gulfstream Report GVI-GER-1709, ``Design Requirements Document for
Ditching Equipment,'' provides an acceptable means for showing
compliance with Sec. Sec.  25.1411 and 25.1415.
    (b) The Model GVI is approved for flight into known icing
conditions and has demonstrated compliance to Sec.  25.1419.
     Exemptions pertinent to these special conditions:
Exemption No. 9761, Sec. Sec.  25.562(a) and 25.785(b), Side Facing
Divan.
    In addition, the certification basis includes certain special
conditions, exemptions, and equivalent safety findings that are not
relevant to these proposed special conditions.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Gulfstream Model GVI because of a
novel or unusual design feature, special conditions are prescribed
under the provisions of 14 CFR 21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a STC to modify any
other model included on the same type certificate to incorporate the
same novel or unusual design feature, the special conditions would also
apply to the other model.
    In addition to the applicable airworthiness regulations and special
conditions, the Gulfstream Model GVI must comply with the fuel vent and
exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under 14 CFR 21.101.

Novel or Unusual Design Features

    The Gulfstream Model GVI will incorporate the following novel or
unusual design features: Hydraulically-actuated components on airplane
seats including hydraulic reservoir, pump, and actuators, as well as
massage and heating functions and backup power systems.

Discussion

    Hydraulically-actuated components and backup power systems on
airplane seats are considered novel or unusual by the FAA. Therefore,
we developed special conditions that contain the additional standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.
    The FAA has considered the installation of seats with these
features to have four primary safety concerns:

    1. Reliability of the backup power supply;
    2. Safety hazards to the occupants from the hydraulically-actuated
components of the seat;
    3. Structural integrity of the hydraulic components; and
    4. Flammability.
    Emergency exits must be accessible to the passengers and the
effectiveness of evacuation must be maintained. Typical airplane seats
can be manually positioned to the lateral (track) and directional
(swivel) TT&L position by mechanical means, so they can be positioned
in the event of a loss of cabin power. For this electro-hydraulically
operated seat design, in lieu of a manual means to re-position the
hydraulically operated seat features (backrest, seat pan, and leg rest
deployment) for TT&L, a BPS is used to temporarily power the hydraulic
system. The BPS is only intended for use in the event of a loss of
cabin power. If the seats are installed in the path of the emergency
over wing exits, failure to return the seat to a TT&L position may have
an adverse effect on evacuation. Substantiation of 14 CFR 25.809(b) and
25.813(c)(2)(ii) must be shown with the seats in their most adverse
positions.
    It must be shown that the hydraulically-actuated components of the
seat pose no safety hazard to the occupants or airplane. This includes
injuries caused by crushing of airplane occupants who are between the
hydraulically-actuated components and any part of the passenger cabin
when seat features (e.g., leg rest or backrest) are actuated.
Additionally, the risk of loss of function of a control or proximity
switch resulting in the pump motor being commanded to stay on, after
the hydraulic actuator(s) have reached their maximum/minimum limit,
must not cause the overloaded motor to overheat, as it could catch
fire.
    The FAA has also considered the emergency landing dynamic
conditions for the installation of electro-hydraulically actuated
seats. The applicant must show that the hydraulic system (actuators,
reservoir, lines, etc.) remains intact and free from leakage under the
conditions specified in Sec.  25.562. Testing of each seat's hydraulic
system per Sec.  25.1435(c) may be conducted off of the airplane.
    Flammability of hydraulic fluid used in the seat movement mechanism
must be considered. If the fluid is flammable, it could contribute to a
post-crash or in-flight fire. Any failure modes that would result in
release of the flammable hydraulic fluid during a post-crash or in-
flight fire causing such fluid to materially increase an existing fire
must be examined. Examples of this could be flex lines burning through
and releasing the flammable hydraulic fluid, or the fluid reservoir
could be heated in a fire resulting in a boiling liquid expanding vapor
explosion. The potential for spontaneous ignition of the fluid coming
into contact with hot surfaces or other ignition sources should also be
addressed. The applicant should examine any possible failure mode in
which the flammable hydraulic fluid could be absorbed into materials,
like the seat foam/fabric, carpeting, etc. The applicant must show that
any fluid-soaked seat parts are still self-extinguishing. The applicant
must also show that flammability of dry residue, which may be present
from a slow leak/fluid weepage, does not degrade the flammability
characteristics of any materials it may come into contact with to a
level below the requirements specified in Sec.  25.853.

Applicability

    As discussed above, these special conditions are applicable to STC
ST04252AT-D, which modifies the Gulfstream Model GVI airplane. Should
Gulfstream Aerospace Corporation apply at a later date to amend this
STC to incorporate the same novel or unusual design feature, the
special conditions would apply to that amended STC as well.

Conclusion

    This action affects only certain novel or unusual design features
on one airplane model. It is not a rule of general applicability and
affects only the applicant who applied to the FAA for approval of these
features on the airplane.
    Under standard practice, the effective date of final special
conditions would be 30 days after the date of publication in the
Federal Register; however, as the certification date for the
modification to the Gulfstream Model GVI airplane is imminent, the FAA
finds that good cause exists to make these special conditions effective
upon publication in the Federal Register.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Gulfstream Aerospace Corporation
airplanes modified by Gulfstream Aerospace Corporation.

Electro-Hydraulically Actuated Seats Equipped With a Backup Power
Supply

    1. The probability of failure of the backup power supply to return
seat components to the required taxi, takeoff, and landing position
must be shown to be no greater than 10-5 per flight hour.
    2. It must be shown that the hydraulically-actuated components of
the seat pose no safety hazard to the occupants. Hazards to be
considered per the latest revision of Advisory Circular 25.1309-1, at a
minimum are:
    a. Injuries caused by crushing of airplane occupants who are
between the hydraulically actuated components and any part of the
passenger cabin when the leg rest or backrest is actuated.
    b. The risk of loss of function of a control or proximity switch
resulting in the pump motor being commanded to stay on after the
hydraulic actuator(s) have reached their maximum/minimum limit,
creating potential for overheat or fire.
    c. The potential for a significant contribution to a fire in the
event fluid comes into contact with hot surfaces or other ignition
sources, and the potential for release of toxic or flammable vapors/
gasses.
    3. It must be shown that the hydraulic system (actuators,
reservoir, lines, etc.) remains intact and free from leakage under the
conditions specified in Sec.  25.562. Testing of each seat's hydraulic
system per Sec.  25.1435(c) may be conducted off of the airplane.
    4. Section 25.863 requires consideration of any effects the fluid,
including the fluid as a dry residue, could have on combustible or
absorbing materials. The characteristics of the flammable fluid in
these conditions must be tested to the requirements of Sec.  25.853(a)
and (c), or the materials must be shielded in a manner that prevents
contact by the fluid. However, as an alternative to such testing or
shielding, the applicant may provide, in accordance with Sec.
25.863(c), a quick-acting means that alerts the crew that the fluid has
leaked.

    Issued in Renton, Washington, on August 26, 2014.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2014-20865 Filed 9-2-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26133-26136]
[FR Doc No: 2021-09982]

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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.

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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 Corolla
Cross vehicle line beginning in model year (MY) 2022. 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 parts-marking requirements of the theft prevention standard.

DATES: The exemption granted by this notice is effective beginning with
the 2022 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<PHONE_NUMBER>. 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 parts-marking 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, by delegation, 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\
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    \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.

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    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.
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    \2\ 49 U.S.C. 33106(d).
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    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 Corolla Cross vehicle line
beginning in MY 2022.

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 2022. 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\
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    \3\ 49 CFR 543.6(a)(3).
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    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\
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    \4\ 49 CFR 543.6(a)(4).
    \5\ 49 CFR 543.6(a)(5).
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    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\
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    \6\ 49 CFR 512.20(a).
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II. Toyota's Petition for Exemption

    In a petition dated November 19, 2020, as supplemented with
additional information submitted on April 6, 2021,\7\ Toyota requested
an exemption from the parts-marking requirements of the theft
prevention standard for the Corolla Cross vehicle line beginning with
MY 2022.
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    \7\ As discussed above, per 49 CFR 543.8(a), NHTSA processes the
petition once the manufacturer submits all the information required
by 49 CFR part 543.
---------------------------------------------------------------------------

    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 Corolla Cross vehicle line. Toyota stated that
its MY 2022 Corolla Cross vehicle line will be installed with an engine
immobilizer device as standard equipment, as required by 543.6(a)(1).
Toyota also stated that it will offer two entry/start systems on its
Corolla Cross vehicle line. Specifically, Toyota stated that it will
offer a ``smart entry and start'' system or a ``transponder key and
start'' system on its vehicle line. Specifically, key components of the
``smart entry and start'' system will include a certification engine
control unit (ECU), engine switch, steering lock ECU, security
indicator, door control receiver, electrical key, ID code box, and an
engine control module (ECM). Key components of the ``transponder key
and start'' system will include a transponder key ECU assembly,
transponder key coil, security indicator, ignition key and an 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 not incorporate an audible and
visual alarm system on its vehicle line.
    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 stated that
key verification is also performed after the driver pushes the engine
switch. Specifically, after the driver pushes the engine switch, the
certification ECU and steering lock ECU receive confirmation of a valid
key, and the certification ECU allows the ECM to start the engine.
Toyota stated that the ``transponder key and start'' system is
activated when the ignition key is turned from the ``ON'' position to
some other status and the key is removed, allowing the immobilizer to
activate and signal the ECM. Toyota also stated that in both systems, a
security indicator is installed notifying the users 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, 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. 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 the 2022 model year is the first year that the
first Corolla Cross model with immobilizers installed as standard
equipment is available, and accordingly at the time of the petition
submission, theft rate data for the MY 2022 Corolla Cross 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 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 the RAV4 and RAV4 HV showing an
overall passenger motor vehicle's average of stolen rates in calendar
year 2014 of 1.15 per thousand vehicles produced which the RAV4
vehicles had a theft rate of 0.36. (see 82 FR 28246). Therefore, Toyota
concluded that the antitheft device proposed for its Corolla Cross
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
Corolla Cross 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 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 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 parts-marking 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 a manufacturer to which an exemption has been
granted wishes in the future to modify the device on which the
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.'' \8\
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    \8\ 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 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.
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    For the foregoing reasons, the agency hereby grants in full
Toyota's petition for exemption for the Corolla Cross vehicle line from
the parts-marking requirements of 49 CFR part 541, beginning with its
MY 2022 vehicles.

    Issued under authority delegated in 49 CFR 1.95 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2021-09982 Filed 5-11-21; 8:45 am]
BILLING CODE 4910-59-P