[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47731-47734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18419]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Petition for Exemption From the Federal Motor Vehicle Theft 
Prevention Standard; American Honda Motor Co., 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 American Honda Motor Co., 
Inc.'s (Honda) petition for exemption from the Federal Motor Vehicle 
Theft Prevention Standard (theft prevention standard) for its Acura RDX 
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 (202) 366-5222. 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-

[[Page 47732]]

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 the Secretary of Transportation 
for an exemption for a line of passenger motor vehicles equipped with 
an antitheft device as standard equipment that the Secretary 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 American Honda Motor 
Co., Inc.'s (Honda) petition for its Acura RDX 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, Honda petitioned for an exemption for its specified vehicle 
line from the parts-marking requirements of the theft prevention 
standard, beginning in MY 2022. Honda 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 Honda's petition information 
provided pursuant to 49 CFR part 543, Exemption from Vehicle Theft 
Prevention. To the extent that specific information in Honda's petition 
is subject to a properly filed confidentiality request, that

[[Page 47733]]

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. Honda's Petition for Exemption

    In a petition dated January 12, 2021, as supplemented with 
additional information submitted on June 22, 2021,\7\ Honda requested 
an exemption from the parts-marking requirements of the theft 
prevention standard for the Acura RDX 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.
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    In its petition, Honda provided a detailed description and diagram 
of the identity, design, and location of the components of the 
antitheft device for the Acura RDX vehicle line. Honda stated that its 
MY 2022 Acura RDX vehicle line will be installed with an engine 
immobilizer device as standard equipment, as required by 543.6(a)(1). 
Honda stated that it will offer a ``smart entry remote'' (keyless key) 
system on its vehicle line. Honda also stated that the Acura RDX 
vehicle line will offer two types of remotes, one with remote engine 
start and one without remote start. Key components of the ``smart entry 
remote'' system will include a passive immobilizer, ``smart entry'' 
remote, powertrain control module (PCM), and body control module (BCM). 
Honda further stated that its vehicle line will be installed with a 
vehicle security alarm system as standard equipment which will activate 
a visible and audible alarm whenever unauthorized access is attempted.
    Pursuant to Section 543.6(a)(3), Honda explained that its ``smart 
entry and start'' system is part of the normal operation of the 
ignition key and activates automatically when the ignition switch is in 
the ``OFF'' position. Honda further explained that if a smart entry 
remote without a matching code is within operating range and the engine 
start/stop button is pressed, the PCM will prevent fueling of the 
engine and the engine will not start. Honda also stated that the 
immobilizer system is deactivated when a valid smart entry remote and 
matching codes are verified, allowing the engine to continue normal 
operations. Honda further stated that the security indicator flashes 
continuously when the immobilizer is activated, and turns off when it 
is deactivated.
    Honda stated that the audible and visible vehicle security alarm 
system installed on its Acura RDX vehicles will monitor any attempts of 
unauthorized entry and attract attention to an unauthorized person 
attempting to enter its vehicles without the use of a ``smart entry'' 
remote or its built-in mechanical door key. Specifically, Honda stated 
that whenever an attempt is made to open one of its vehicle doors, hood 
or trunk without using the ``smart entry'' remote or turning a key in 
the key cylinder to disarm the vehicle, the vehicle's horn will sound 
and its lights will flash. Honda stated that its vehicle security 
system is activated when all of the doors are locked and the hood and 
trunk are closed and locked. Honda further stated that its vehicle 
security system is deactivated by using the key fob buttons to unlock 
the vehicle doors or having the ``smart entry'' remote within operating 
range when the operator grabs either of the vehicle's front door 
handles.
    Honda also stated that in addition to the standard security system 
on all 2022 MY Acura RDX models, additional security features include 
counterfeit resistant vehicle identification number (VIN) plates, 
secondary VINs, a hood release located inside the vehicle, and its 
smart entry remote will utilize rolling codes for the lock and unlock 
functions of its vehicles.
    As required in section 543.6(a)(3)(v), Honda provided information 
on the reliability and durability of its proposed device. To ensure 
reliability and durability of the device, Honda provided a list of 
requirements for the characteristics and durability testing along with 
its results. Honda stated that its device does not require the presence 
of a ``smart entry'' remote battery to function nor does it have any 
moving parts (i.e., the PCM, BCM, ``smart entry'' remote and the 
corresponding electrical components found within its own housing 
units), which it believes reduces the chance for deterioration and wear 
from normal use.
    Honda believes that installation of the antitheft immobilizer 
device as standard equipment reduces the vehicle theft rate by making 
conventional methods of theft obsolete, i.e., punching out the steering 
column or hot-wiring the ignition. Additionally, Honda stated that the 
proposed immobilizer system was first installed on its MY 2007 Acura 
RDX as standard equipment which was the first year of its introduction. 
Honda referenced NHTSA's theft rate information for the Acura RDX 
showing theft rates for MYs 2007-2014 were below the theft rate median. 
Also, Honda stated that its proposed immobilizer system is similar to 
the design offered on its Lexus RX vehicles which have been granted an 
exemption by the agency. Honda also referenced NHTSA's theft rate 
information for its Lexus RX showing theft rates for MYs 2012-2014 that 
were below the theft rate median.

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 Honda 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 Honda provided about its 
antitheft device. NHTSA believes, based on Honda'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 Honda'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 Honda 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

[[Page 47734]]

(marking of major component parts and replacement parts).
    NHTSA notes that if Honda 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. 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.''
    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 
Honda 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 Honda's 
petition for exemption for the Acura RDX 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. 2021-18419 Filed 8-25-21; 8:45 am]
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