[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Notices]
[Pages 10888-10889]
[FR Doc No: 2019-05445]

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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 Toyota Motor North America,
Inc.'s, (Toyota) petition for an exemption of the model year 2020 C-HR
vehicle line from the Federal Motor Vehicle Theft Prevention Standard
(Theft Prevention Standard). 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 2020 model year (MY).

FOR FURTHER INFORMATION, CONTACT:  Ms. 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: In a petition dated September 25, 2018,
Toyota requested an exemption from the parts-marking requirements of
the Theft Prevention Standard for the C-HR vehicle line beginning with
model year (MY) 2020. 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 C-HR vehicle line. Toyota stated its MY 2020 C-HR
vehicle line will be installed with an engine immobilizer device as
standard equipment. Toyota also stated it will offer two entry/start
systems on its C-HR vehicle line. Specifically, Toyota stated the C-HR
vehicle line will be offered with a ``smart entry and start'' system or
a ``transponder key and start'' system. Key components of the ``smart
entry and start'' system on the C-HR vehicle line 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 on the C-HR vehicle line will
include, a transponder key ECU assembly, transponder key coil, security
indicator, ignition key and an ECM. Toyota stated 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 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.
    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 operation, strength, impact, vibration, electro-magnetic
interference, etc.). Toyota stated it believes 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 its vehicle key
cylinders are covered with casting cases to prevent the key cylinder
from easily being broken. Toyota further explained 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 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 stated key verification is 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 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 in both
systems, a security indicator is installed notifying users and others
inside and outside the vehicle with the status of the immobilizer.
Toyota further explained the security indicator flashes continuously
when the immobilizer is activated, and turns off when it is
deactivated. Toyota stated that the proposed antitheft device has also
been installed as standard equipment on its C-HR vehicle line beginning
with its MY 2018 vehicles. The theft rate for the MY 2018 C-HR 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 and granted a parts-marking
exemption from 49 CFR part 541 by the agency beginning with its MY 2000
vehicles. Toyota also referenced the NHTSA theft rate data published
for several years before and after the Nissan Altima was equipped with
a standard immobilizer device. Specifically, Toyota stated the
publication showed the average theft rate for the Nissan Altima dropped
to 3.0 per 1,000 cars produced between MY's 2000-2006 compared to 5.3
per 1,000 cars produced between MY's 1996-1999. This represents
approximately a 43% decrease in the theft rate for the Nissan Altima
vehicle line installed with an immobilizer between MY's 2000-2006 as
compared to the Nissan Altima vehicle line without an immobilizer
between MY's 1996-1999. The theft rates for the Nissan Altima vehicle
line using an average of three model years' data (2012-2014) are
2.4207, 1.7598 and 2.1212 respectively, all well below the median theft
rate of 3.5826. Therefore, Toyota has concluded the antitheft device
proposed for its C-HR 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 it believes that
installing the immobilizer device as standard equipment reduces the
theft rate for the C-HR vehicle line and expects it 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 the antitheft device for the C-HR 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 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.
    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 Toyota has provided adequate reasons for its belief the antitheft
device for the C-HR 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 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 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 543.10(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
that exemption.''
    The agency wishes to minimize the administrative burden that Part
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 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.
    For the foregoing reasons, the agency hereby grants in full
Toyota's petition for exemption for the model year 2020 C-HR vehicle
line from the parts-marking requirements of 49 CFR part 541.

    Issued in Washington, DC, under authority delegated in 49 CFR
part 1.95 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2019-05445 Filed 3-21-19; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Notices]
[Pages 12953-12954]
[FR Doc No: 2011-5291]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER03-329-011; ER07-597-006.
    Applicants: Montana Generation, LLC, NorthWestern Corporation
    Description: Non-Material Change-in-Status Report of NorthWestern
Corporation, et al.
    Filed Date: 03/02/2011.
    Accession Number: 20110302-5079.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 23, 2011.

    Docket Numbers: ER11-2276-001.
    Applicants: Duke Energy Indiana, Inc., Midwest Independent
Transmission System Operator, Inc.
    Description: Duke Energy Indiana, Inc. submits tariff filing per
35: DEI-DEI Compliance Filing to be effective 12/1/2010.
    Filed Date: 03/02/2011.
    Accession Number: 20110302-5025.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 23, 2011.

    Docket Numbers: ER11-2998-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii): 03-02-11 ATC Att O
revisions to be effective 7/28/2010.
    Filed Date: 03/02/2011.
    Accession Number: 20110302-5035.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 23, 2011.

    Docket Numbers: ER11-2999-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35: Compliance Filing for Order No. 676-E to be effective 4/1/2011.

    Filed Date: 03/02/2011.
    Accession Number: 20110302-5056.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 23, 2011.

    Docket Numbers: ER11-3000-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii): Correction to Tariff Record of Section I Exhibit 1A
to Conform Versions to be effective 2/18/2011.
    Filed Date: 03/02/2011.
    Accession Number: 20110302-5057.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 23, 2011.

    Docket Numbers: ER11-3001-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii): Original Service Agreement Nos. 2780 and 2781 to be
effective 2/1/2011.
    Filed Date: 03/02/2011.
    Accession Number: 20110302-5074.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 23, 2011.

    Docket Numbers: ER11-3002-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii): Revisions to update the PJM Operating Agreement
Schedule 12 ? Membership List to be effective 2/14/2011.
    Filed Date: 03/02/2011.
    Accession Number: 20110302-5078.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 23, 2011.

    Docket Numbers: ER11-3003-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits tariff filing per 35.13(a)(2)(iii):
Moon Lake Wheeling Agreement to be effective 5/2/2011.
    Filed Date: 03/02/2011.
    Accession Number: 20110302-5088.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 23, 2011.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES11-21-000.
    Applicants: Old Dominion Electric Cooperative, Inc.
    Description: Application of Old Dominion Electric Cooperative for
Authorization to Issue Short-term Debt and to Guaranty Obligations, and
for Waivers in ES11-21.
    Filed Date: 03/01/2011.
    Accession Number: 20110301-5303.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 22, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 2, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-5291 Filed 3-8-11; 8:45 am]
BILLING CODE 6717-01-P