81_FR_70460 81 FR 70264 - Reports, Forms, and Recordkeeping Requirements

81 FR 70264 - Reports, Forms, and Recordkeeping Requirements

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 196 (October 11, 2016)

Page Range70264-70269
FR Document2016-24526

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes a collection of information for which NHTSA intends to seek OMB approval.

Federal Register, Volume 81 Issue 196 (Tuesday, October 11, 2016)
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70264-70269]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24526]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket Number NHTSA-2016-0085 ]


Reports, Forms, and Recordkeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S. 
Department of Transportation.

ACTION: Request for public comment on an extension of a currently 
approved collection of information.

-----------------------------------------------------------------------

SUMMARY: Before a Federal agency can collect certain information from 
the public, it must receive approval from the Office of Management and 
Budget (OMB). Under procedures established by the Paperwork Reduction 
Act of 1995, before seeking OMB approval, Federal agencies must solicit 
public comment on proposed collections of information, including 
extensions and reinstatement of previously approved collections.
    This document describes a collection of information for which NHTSA 
intends to seek OMB approval.

DATES: Comments must be received on or before December 12, 2016.

ADDRESSES: You may submit comments using any of the following methods. 
All comments must have the applicable DOT docket number (e.g., NHTSA-
2016-0085) noted conspicuously on them.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, M-30: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays. Telephone: 1-800-647-
5527.
     Fax: 202-493-2251
    Instructions: All submissions must include the agency name and 
docket number for this proposed collection of

[[Page 70265]]

information. Note that all comments received will be posted without 
change to http://www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or the street 
address listed above. Follow the online instructions for accessing the 
dockets.

FOR FURTHER INFORMATION CONTACT: Leo Yon, Trends Analysis Division 
(NEF-170), Room W45-215, NHTSA, 1200 New Jersey Ave., Washington, DC 
20590. Telephone: (202) 366-7028.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, 
before an agency submits a proposed collection of information to OMB 
for approval, it must first publish a document in the Federal Register 
providing a 60-day comment period and otherwise consult with members of 
the public and affected agencies concerning each proposed collection of 
information. The OMB has promulgated regulations describing what must 
be included in such a document. Under OMB's regulation, see 5 CFR 
1320.8(d), an agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (ii) the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
    (iii) how to enhance the quality, utility, and clarity of the 
information to be collected; and
    (iv) how to minimize the burden of the collection of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g. permitting electronic 
submission of responses.
    In compliance with these requirements, NHTSA asks for public 
comments on the following collection of information:
    Title: Reporting of Information and Documents about Potential 
Defects.
    Type of Request: Revision of a currently approved information 
collection.
    OMB Control Number: 2127-0616.
    Affected Public: Businesses or individuals.
    Abstract: This notice requests comment on NHTSA's proposed 
extension to approved collection of information OMB No. 2127-0616. The 
Transportation Recall Enhancement, Accountability, and Documentation 
(TREAD) Act (Pub. L. 106-414) was enacted on November 1, 2000. These 
TREAD requirements of the Act are found in 49 U.S.C. 30166 and many of 
these requirements are implemented through, and addressed with more 
specificity in, 49 CFR part 579 Reporting of Information and 
Communications about Potential Defects.
    These Early Warning Reporting (EWR) requirements specify that 
manufacturers of motor vehicles and motor vehicle equipment submit 
information, periodically or upon NHTSA's request, that includes claims 
for deaths and serious injuries, property damage data, communications 
from customers and others, information on incidents resulting in 
fatalities or serious injuries from possible defects in vehicles or 
equipment in the United States or in identical or substantially similar 
vehicles or equipment in a foreign country, and other information that 
assist NHTSA in identifying potential safety-related defects. The 
intent of this information collection is to provide early warning of 
such potential safety-related defects.
    Estimated Burden Hours: This approved information collection was 
last renewed in August 2013, when additional component type codes were 
added to manufacturer EWR submissions. See 78 FR 51412. Due to one-time 
investments and other associated costs, the collection was approved for 
85,193 burden hours and $10.3 million dollars in the first year. We 
estimated subsequent years would require 45,897 burden hours and $5.75 
million dollars. Today we update these estimates by removing the first-
year costs associated with the 2013 rulemaking, as well as revising 
estimates to better align with current EWR volume.
    First, the below estimates are adjusted to better reflect current 
EWR submission volume. Table 1 provides an average annual submission 
count for each claim category submitted per the requirements of 49 CFR 
579:

                                           Table 1--Annual Average of Submissions by Manufacturers (2013-2015)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Light     Heavy, med                           Emergency                          Child     Equipment
         Category of claims           vehicles    vehicles    Trailers  Motorcycles    vehicles     Buses     Tires   restraints      mfr.       Totals
--------------------------------------------------------------------------------------------------------------------------------------------------------
Injury Fatality....................      9,082           97         13          135            3        12        74         378            8      9,804
Property Damage *..................      8,554          572         21           16            2        55     2,261         N/A          N/A     11,481
                                    --------------------------------------------------------------------------------------------------------------------
Warranty Claims....................                                                     Aggregate Data
                                    --------------------------------------------------------------------------------------------------------------------
Consumer Complaints................                                                     Aggregate Data
                                    --------------------------------------------------------------------------------------------------------------------
Mfr. Field Reports.................     66,064        7,221         13        1,276            3       461       N/A       4,259          N/A     79,297
                                    --------------------------------------------------------------------------------------------------------------------
Dealer Field Reports...............                                                     Aggregate Data
                                    --------------------------------------------------------------------------------------------------------------------
Foreign Death Claims...............         59            1          1            2            0         0         2          35            0        101
                                    --------------------------------------------------------------------------------------------------------------------
    Totals.........................     83,759        7,891         48        1,429            8       528     2,337       4,672            8    100,683
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Property damage claims are aggregate data but are counted differently because they require more time to manually review.

    The above updated submission totals represent a 17% increase from 
the currently approved information collection. Submission totals for 
each category have risen with an average of 9,804 injury and fatality 
claims (previously 6,041 claims), 11,481 property damage claims 
(previously 11,402 claims), 79,297 manufacturer

[[Page 70266]]

field reports (previously 68,574 field reports), 101 foreign death 
claims (previously 41 claims), totaling 100,683 submissions on average 
(previously estimated at 86,058 submissions).
    The agency estimates that an average of 5 minutes is required for a 
manufacturer to process each report, with the exception of foreign 
death claims. We estimate foreign death claims require an average of 15 
minutes to process. Multiplying this average number of minutes by the 
number of submissions NHTSA receives in each reporting category yields 
the burden hour estimates found below in Table 2:

                                                         Table 2--Estimated Annual Burden Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Light     Heavy, med                           Emergency                          Child     Equipment
         Category of claims           vehicles    vehicles    Trailers  Motorcycles    vehicles     Buses     Tires   restraints      mfr.       Totals
--------------------------------------------------------------------------------------------------------------------------------------------------------
Injury Fatality....................        757            8          1           11            0         1         6          32            1        817
Property Damage*...................        713           48          2            1            0         5       188         N/A          N/A        957
                                    --------------------------------------------------------------------------------------------------------------------
Warranty Claims....................                                                     Aggregate Data
                                    --------------------------------------------------------------------------------------------------------------------
Consumer Complaints................                                                     Aggregate Data
                                    --------------------------------------------------------------------------------------------------------------------
Mfr. Field Reports.................      5,505          602          1          106            0        38       N/A         355          N/A      6,608
                                    --------------------------------------------------------------------------------------------------------------------
Dealer Field Reports...............                                                     Aggregate Data
                                    --------------------------------------------------------------------------------------------------------------------
Foreign Death Claims...............         15            0          0            1            0         0         1           9            0         25
                                    --------------------------------------------------------------------------------------------------------------------
    Totals.........................      6,990          658          4          119            1        44       195         395            1      8,407
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Property damage claims are aggregate data but are counted differently because they require more time to manually review.

    Our previous estimates totaled 7,178 burden hours associated with 
these Early Warning submissions. We now update that total to 8,407 
burden hours, a 17% increase, associated with the above noted claim 
categories.
    The burden hours associated with aggregate data submissions for 
consumer complaints, warranty claims, and dealer field reports are 
included in reporting and computer maintenance hours. The burden hours 
for computer maintenance are calculated by multiplying the hours of 
computer use (for a given category) by the number of manufacturers 
reporting in a category. Similarly, reporting burden hours are 
calculated by multiplying hours used to report for a given category by 
the number of manufacturers for the category. Using these methods and 
the average number of manufacturers who report annually, we estimate 
the burden hours for reporting cost and computer maintenance below in 
Table 3:

                  Table 3--Estimated Annual Burden Hours for Reporting and Computer Maintenance
----------------------------------------------------------------------------------------------------------------
                                                                                     Hours for
                                                     Quarterly     Annual burden     computer      Annual burden
   Vehicle/equipment category     Avg. Number of     hours to        hours for      maintenance      hours for
                                   manufacturers    report per       reporting          per          computer
                                                   manufacturer                    manufacturer     maintenance
----------------------------------------------------------------------------------------------------------------
Light Vehicles..................              39               8           1,248             347          13,533
Medium-Heavy Vehicles...........              39               5             780            86.5           3,374
Trailers........................              80               1             320            86.5           6,920
Motorcycles.....................              15               2             120            86.5           1,298
Emergency Vehicles..............               7               5             140            86.5             606
Buses...........................              38               5             760            86.5           3,287
Tires...........................              34               5             680            86.5           2,941
Child Restraints................              34               1             136            86.5           2,941
Vehicle Equipment...............               6               1              24               -  ..............
                                 -------------------------------------------------------------------------------
    Totals......................  ..............  ..............           4,208  ..............          34,899
----------------------------------------------------------------------------------------------------------------

    Thus, the total burden hours for EWR death and injury data, 
aggregate data and non-dealer field reports is 8,407 (Table 2) + 4,208 
(Table 3) + 34,899 (Table 3) = 47,514 burden hours.
    In order to provide the information required for foreign safety 
campaigns, manufacturers must (1) determine whether vehicles or 
equipment that are covered by a foreign safety recall or other safety 
campaign are identical or substantially similar to vehicles or 
equipment sold in the United States, (2) prepare and submit reports of 
these campaigns to the agency, and (3) where a determination or notice 
has been made in a language other than English, translate the 
determination or notice into English before transmitting it to the 
agency. NHTSA estimates that preparing and submitting each foreign 
defect report (foreign recall campaign) requires 1 hour of clerical 
staff and that translation of determinations into English requires 2 
hours of technical staff (note: this assumes that all foreign campaign 
reports require translation, which is unlikely). Between 2013 and 2015, 
NHTSA received a yearly average of 133 foreign recall reports which 
results in 133 hours for preparation and submission of the reports (133 
defect reports x 1 hour clerical = 133 hours) and 266 hours for 
technical time (133 foreign recall reports x 2 hours technical = 266 
hours.
    With respect to the burden of determining identical or 
substantially similar vehicles or equipment to those sold in the United 
States, manufacturers of motor vehicles are required to submit not 
later than November 1 of each year, a document that identifies foreign 
products and their domestic counterparts. NHTSA continues to

[[Page 70267]]

estimate that the annual list could be developed with 8 attorney hours 
and 1 hour for IT work. NHTSA receives these lists from 83 
manufacturers, on average, resulting in 747 burden hours (83 vehicle 
manufacturers xx 8 hours for attorney support = 664 hours) + (83 
vehicle manufacturers x 1 hour for IT support = 83 hours).

                                  Table 4--Hourly Burden for Foreign Reporting
----------------------------------------------------------------------------------------------------------------
                                                                                           Burden hours
                 Task                         Qty              Occupation        -------------------------------
                                                                                     Per unit          Total
----------------------------------------------------------------------------------------------------------------
Annual List...........................              83  Attorney................               8             664
Annual list--Electronic...............              83  IT......................               1              83
Foreign Defect Report.................             133  Clerical................               1             133
Foreign Defect report.................             133  Technical...............               2             266
                                       -------------------------------------------------------------------------
    Total.............................  ..............  ........................  ..............           1,146
----------------------------------------------------------------------------------------------------------------

    Therefore, the total annual hour burden on manufacturers for 
reporting foreign safety campaigns and substantially similar vehicles/
equipment is 1,146 hours (774 hours professional time + 133 hours 
clerical time + 266 hours technical time). This is an increase of 154 
burden hours from our previous estimate (1,146 hours for current 
estimate--992 hours for previous estimate).
    Section 579.5 also requires manufacturers to submit notices, 
bulletins, customer satisfaction campaigns, consumer advisories and 
other communications that are sent to more than one dealer or owner. 
Manufacturers are required to submit this information monthly. Section 
579.5 does not require manufacturer to create these documents; rather, 
only copies of these documents must be submitted to NHTSA. Therefore, 
the burden hours are only those associated with collecting the 
documents and submitting copies to NHTSA. Manufacturers must index 
these communications and email them to NHTSA within 5 working days 
after the end of the month in which they were issued.
    NHTSA continues to estimate that we receive about 7,000 notices a 
year. We estimate that it takes about 5 minutes to collect, index, and 
send each notice to NHTSA. Therefore, we continue to estimate that it 
takes 7,000 documents x 5 minutes = 35,000 minutes or 583 hours for 
manufacturers to submit notices as required under Part 579.5.

             Table 5--Total Burden Hours for This Collection
------------------------------------------------------------------------
                                                           Annual burden
                     Reporting type                            hours
------------------------------------------------------------------------
EWR Reporting (Table 3).................................          47,514
Foreign Reporting (Table 4).............................           1,146
Part 579.5..............................................             583
                                                         ---------------
    Total...............................................          49,243
------------------------------------------------------------------------

    Estimated Cost Burdens--We now estimate the calculated cost burdens 
that this collection imposes on industry. The hourly wage rates shown 
below have been utilized in previous renewals of this collection and 
are now updated through June 2016. These current rate adjustments are 
derived from the Employment Cost Index Historical Listing (Volume III) 
provided by the U.S. Bureau of Labor Statistics to adjust for 
inflation. The non-seasonally adjusted wages and salaries, for private 
industry workers, were referenced to calculate the following updated 
2016 wage rates:

                Table 6--Hourly Wage Rates by Occupation
------------------------------------------------------------------------
                                                        Wage rate
                  Occupation                   -------------------------
                                                    2011         2016
------------------------------------------------------------------------
Attorney......................................      $130.39      $144.47
Engineer......................................       130.39       144.47
IT............................................       145.59       161.31
Technical.....................................        94.09       104.25
Clerical......................................        30.69        34.00
------------------------------------------------------------------------
2016 wage data from U.S. Department of Labor.

    We have also constructed various breakdowns of the average five 
minutes of labor among the various occupations depending on the type of 
document that was reviewed. For example, to combine three minutes of 
technical labor and two minutes of clerical labor produces a combined 
wage rate of $76.15 per hour, using the adjusted 2016 wage rates in 
Table 6. Table 7 shows the time allocations and weighted hourly rate by 
report:

                                               Table 7--Time Allocation and Weighted Hourly Rate by Report
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Weighted
                          Claim type                             Attorney     Engineer        IT       Technical     Clerical    Total time  hourly rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
Claims of Injury/Death.......................................            3            0            0            0            2            5      $100.29
Property Damage..............................................            0            0            0            3            2            5        76.15
Mfr. Field Reports...........................................            0            0            0            3            2            5        76.15
Foreign Deaths...............................................            3           10            0            0            2           15       129.74
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The total cost for 2016 Claims documents were obtained using the 
following formula:
K x T x W = Costs for claim type
Where:

K = Documents submitted by industry
T = Average time spent on a document
W = Wage rate based on U.S. Department of Labor and skill mix

    For example, the estimated cost to report light vehicle death and 
injury claims is $75,899 (9,082 death and injury claims reported x 5/60 
hours x $100.29 wage rate).
    NHTSA estimates the reporting costs as a function of
     The number of manufacturers reporting;
     The frequency of required reports;
     The number of hours required per report; and
     The cost of personnel to report.

[[Page 70268]]

    The number of manufacturers reporting is estimated from EWR 
submission. The frequency of reports is fixed at 4 times per year. The 
number of hours for reporting ranges from 1 hour for trailer 
manufacturer to 8 hours for light vehicle manufacturers (See Table 3). 
In addition, we assume that 50 percent of the total burden hours are 
utilized by technical personnel while clerical staff consumes the 
remaining 50 percent. In other words, the hourly wage rate for each 
quarterly report is split evenly between technical and clerical 
personnel and a weighted average of the wage hour is developed from 
this assumption. For 2016 the wage rate is $69.13 ([$104.25 x 0.5] + 
[$34.00 x 0.5]).
    The reporting costs are calculated as follows:
M x Tp x 4 x $69.13 = cost of reporting
Where:

M = Manufacturers reporting data in the category
Tp = Reporting time for the category
4 = Quarterly reports per year
$69.13 = Reporting cost wage rate (rounded)

    Thus, the estimated reporting cost for light vehicles is $86,272 
(39 manufacturers x 8 hours x 4 quarters x $69.13 wage rate).
    The costs for computer maintenance including software, hardware, 
data storage, etc. were calculated using the following formula:
M x Tc x IT = cost of computer maintenance
    Where:

M = Manufacturers reporting data in the category
Tc = Annual computer maintenance time per manufacturer 
for the category
IT = IT wage rate

    The computer maintenance costs for light vehicles are $2,183,059 
(39 manufacturers x 347 hours x $161.31 wage rate).
    Table 8 shows the annual cost of reporting EWR information to NHTSA 
using the information outlined in tables 1, 2, 3, 6, and 7:

                                                     Table 8--Estimate EWR Costs by Submission Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Light     Heavy, med                           Emergency                          Child     Equipment
              Category                vehicles    vehicles    Trailers  Motorcycles    vehicles     Buses     Tires   restraints      mfr.       Totals
--------------------------------------------------------------------------------------------------------------------------------------------------------
(Injury/Fatality)..................    $75,899         $811       $109       $1,128          $25      $100      $618      $3,159          $67    $81,916
Property Damage *..................     54,284        3,630        133          102           13       349    14,348           0            0     72,859
                                    --------------------------------------------------------------------------------------------------------------------
Warranty Claims....................                                                     Aggregate Data
                                    --------------------------------------------------------------------------------------------------------------------
Consumer Complaints................                                                     Aggregate Data
                                    --------------------------------------------------------------------------------------------------------------------
Mfr. Field Reports.................    419,247       45,825         82        8,098           19     2,926         0      27,028            0    503,224
                                    --------------------------------------------------------------------------------------------------------------------
Dealer Field Reports...............                                                     Aggregate Data
                                    --------------------------------------------------------------------------------------------------------------------
Foreign Death Claims...............      1,914           32         32           65            0         0        65       1,135            0      3,244
Reporting Cost.....................     86,272       53,920     22,121        8,295        9,678    52,537    47,007       9,401        1,659    290,891
Computer Maintenance...............  2,183,059      544,192  1,116,291      209,305       97,675   530,238   474,424     474,424            0  5,629,607
                                    --------------------------------------------------------------------------------------------------------------------
    Totals:........................  2,820,674      648,410  1,138,769      226,992      107,410   586,150   536,463     515,147        1,726  6,581,741
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Totals may not be exact due to rounding.

    Table 9 details the total annual costs for reproting annual list of 
substatially similar vehicles and foreign safety campaigns:

                             Table 9--Estimated Annual Costs for Substantially Similar Vehicles and Foreign Safety Campaigns
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 Burden hours
                  Task                          Qty               Occupation          2016 Wage rate ------------------------------------      Cost
                                                                                      (from Table 6)     Per unit            Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual list.............................              83  Attorney..................         $144.47               8                 664         $95,929
Annual list--Electronic.................              83  IT........................          161.31               1                  83          13,389
Defect report...........................             133  Clerical..................           34.00               1                 133           4,523
Defect report...........................             133  Technical.................          104.25               2                 266          27,731
                                         ---------------------------------------------------------------------------------------------------------------
    Foreign Campaign Totals.............  ..............  ..........................  ..............  ..............               1,146         141,572
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The cost associated for manufacturers to submit Part 579.5 notices, 
bulletins, customer satisfaction campaigns, consumer advisories and 
other communications that are sent to more than one dealer or owner can 
be estimated from the number of hours and wage of personal submitting 
the documents. We understand that some manufacturers have clerical 
staff collect and submit the documents and other have technical staff. 
Because we do not know how many documents are sent by a particular 
staff we will assume they are done the higher paid staff. Thus, we 
estimated the cost to collect and submit Part 579.5 documents at 583 
hours x $104.25 for Technical staff = $60,779 for manufacturers to 
submit notices as required under Part 579.5.
    Table 10 shows the estimated cost for manufacturers to report EWR 
data, foreign campaigns, and Part 579.5 documents through this 
collection:

  Table 10--Total Dollar Estimates for Manufacturers To Comply With EWR
         Reporting, Foreign Reporting, and Part 579.5 Reporting
------------------------------------------------------------------------
                                                            Annual Cost
                     Reporting Type                             ($)
------------------------------------------------------------------------
EWR Reporting (Table 8).................................      $6,581,741
Foreign Reporting (Table 9).............................         141,572
Part 579.5 Submissions..................................          60,779
                                                         ---------------
    Total...............................................       6,784,092
------------------------------------------------------------------------


[[Page 70269]]

    Removed Burdens-- Our previous renewal of this collection included 
one-time cost estimates associated with adding a new vehicle type, fuel 
and/or propulsion system type, and four new components (stability 
control, forward collision avoidance, lane departure prevention, and 
backover prevention) to vehicle EWR reporting. These one-time costs 
were estimated for manufacturers to amend their reporting templates and 
revise their software system to support the new reporting requirements. 
See 78 FR 51415. Manufacturers were required to make these changes to 
their vehicle EWR reporting by January 1, 2015. See 79 FR 47591. As 
these one-time costs have already been incurred and manufacturers have 
already made the necessary modifications to their systems, a total of 
39,296 burden hours and $4.57 million dollars will be removed from this 
collection.
    Summary of Burden Estimate--Based on the foregoing, we estimate the 
burden hours for industry to comply with the current EWR requirements, 
foreign campaign requirements and Part 579.5 requirements total 49,243 
burden hours (47,514 for EWR requirements + 1,146 hours for foreign 
campaign requirements + 583 hours for Part 579.5). This is a decrease 
of 35,950 hours from the currently approved collection, mostly due to 
the one-time costs we previously estimated and have now removed from 
this collection. We now estimate the cost burden for current EWR 
requirements, foreign campaign requirements, and Part 579.5 
requirements to total $6,784,092 annually.
    Estimated Number of Respondents--NHTSA receives EWR submissions, 
foreign campaigns, and Part 579.5 submissions from roughly 292 
manufacturers per year.
    In summary, we estimate that there will be a total of 292 
respondents per year associated with OMB No. 2127-0616.

    Issued on: October 4, 2016.
Michael L. Brown,
Acting Director, Office of Defects Investigation.
[FR Doc. 2016-24526 Filed 10-7-16; 8:45 am]
 BILLING CODE 4910-59-P



                                                    70264                        Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices

                                                       Response: FTA concurs that in                           Comment: Two commenters                            requirements can be found on the NTD
                                                    general this is allowed. However, if the                commented on the proposed sample                      Web site: www.transit.dot.gov/ntd.
                                                    agency intends to use the average                       size. One commenter recommended a
                                                                                                                                                                  Carolyn Flowers,
                                                    passenger trip length from a sample to                  minimum of 40 and a maximum of 70
                                                    estimate passenger miles in subsequent                  vehicle trips. The other commenter                    Acting Administrator.
                                                    years, the agency must calculate the trip               recommended that a minimum number                     [FR Doc. 2016–24414 Filed 10–7–16; 8:45 am]
                                                    length using the unlinked passenger                     of boardings (e.g., 1,000) be mandated in             BILLING CODE P
                                                    trips collected by the method that will                 addition to vehicle trips.
                                                    be used to report unlinked passenger                       Response: In devising the proposed
                                                    trips to the NTD.                                                                                             DEPARTMENT OF TRANSPORTATION
                                                                                                            number of trips (15 to 50) FTA balanced
                                                       Comment: One commenter asked
                                                                                                            the need for good data with agency                    National Highway Traffic Safety
                                                    whether agencies should use all valid
                                                                                                            burden. FTA notes that the proposed                   Administration
                                                    APC data, or should select a sample of
                                                                                                            requirements are only a minimum;
                                                    vehicle trips from the available valid                                                                        [U.S. DOT Docket Number NHTSA–2016–
                                                                                                            agencies are free to use a larger sample
                                                    APC data.                                                                                                     0085 ]
                                                       Response: FTA encourages agencies to                 if they believe it will provide better
                                                    use all valid data. However, agencies                   data.                                                 Reports, Forms, and Recordkeeping
                                                    need to account for the stratified nature                  Comment: One commenter requested                   Requirements
                                                    of the sample in this case. The set of all              that FTA provide a template that
                                                                                                                                                                  AGENCY:  National Highway Traffic
                                                    valid data may be biased toward certain                 performs the calculations.
                                                                                                                                                                  Safety Administration (NHTSA), U.S.
                                                    routes, vehicles, or trips, and thus                       Response: FTA designed the error                   Department of Transportation.
                                                    cannot be considered a random sample                    criteria to be simple enough that an
                                                    of the whole service. Instead agencies                                                                        ACTION: Request for public comment on
                                                                                                            agency should be able to calculate them               an extension of a currently approved
                                                    must determine average unlinked                         without the need for a template.
                                                    passenger trips and passenger miles at a                                                                      collection of information.
                                                    granular level (the vehicle trip level, for                Comment: Eight commenters had
                                                                                                            comments about unbalanced error. One                  SUMMARY:   Before a Federal agency can
                                                    example) and factor up each group (e.g.,                                                                      collect certain information from the
                                                    vehicle trip) individually. Alternatively,              commenter noted that the unbalanced
                                                                                                            error criterion would be harder for small             public, it must receive approval from
                                                    agencies are permitted to use any NTD-                                                                        the Office of Management and Budget
                                                    approved sampling plan in conjunction                   agencies to satisfy than large ones, and
                                                                                                            that unbalanced error does not detect                 (OMB). Under procedures established
                                                    with APCs. Any such plan would                                                                                by the Paperwork Reduction Act of
                                                    include statistically valid procedures for              systemic bias. Three commenters
                                                                                                            believe the unbalanced error criterion                1995, before seeking OMB approval,
                                                    replacing selected trips on which data
                                                                                                            would be too difficult to meet. Three                 Federal agencies must solicit public
                                                    are not collected.
                                                       Comment: One commenter expressed                     commenters noted that unbalanced error                comment on proposed collections of
                                                    concern that an agency may be                           is redundant since unlinked passenger                 information, including extensions and
                                                    penalized by reduced formula funding if                 trips are already being tested. Two                   reinstatement of previously approved
                                                    they perform their APC maintenance                      commenters requested clarification of                 collections.
                                                                                                            the definition of unbalanced error.                     This document describes a collection
                                                    check mid-year and find that the data no
                                                                                                                                                                  of information for which NHTSA
                                                    longer meet the requirements.                              Response: FTA concurs with the
                                                       Response: FTA reduced the required                                                                         intends to seek OMB approval.
                                                                                                            concerns that commenters have raised
                                                    timeframe for the maintenance check                                                                           DATES: Comments must be received on
                                                                                                            and will withdraw the unbalanced error
                                                    from one year to any convenient period.                 criterion from the final policy.                      or before December 12, 2016.
                                                    FTA expects that it will typically take                                                                       ADDRESSES: You may submit comments
                                                    less than a month. An agency that                       D. Overview of Final Updates to the                   using any of the following methods. All
                                                    performs the check and finds that the                   USOA and NTD Reporting                                comments must have the applicable
                                                    error is over 5% should reexamine its                   Requirements                                          DOT docket number (e.g., NHTSA–
                                                    APC data collection procedures, make                                                                          2016–0085) noted conspicuously on
                                                                                                               After considering the comments                     them.
                                                    any needed adjustments, perform any
                                                                                                            submitted on the proposed updates to                    • Federal eRulemaking Portal: Go to
                                                    needed maintenance on the system, and
                                                                                                            the USOA and changes to NTD                           http://www.regulations.gov. Follow the
                                                    retest. The shortened timeframe should
                                                                                                            reporting requirements, FTA will delay                online instructions for submitting
                                                    allow agencies to retest before the end
                                                                                                            the implementation of the original                    comments.
                                                    of the year, thus ensuring that an agency
                                                                                                            proposed USOA changes to FY 2018.                       • Mail: Docket Management Facility,
                                                    that encounters problems in its
                                                                                                            Additionally, FTA will add line items to              M–30: U.S. Department of
                                                    maintenance check can nonetheless
                                                                                                            account for ‘‘Deferred Outflows of                    Transportation, 1200 New Jersey
                                                    provide an uninterrupted set of data to
                                                                                                            Resources’’ and ‘‘Deferred Inflows of                 Avenue SE., West Building Ground
                                                    the NTD. FTA will clarify this point in
                                                                                                            Resources’’ on the F–60 form, as well as              Floor, Room W12–140, Washington, DC
                                                    its final policy.
                                                       Comment: One commenter suggested                     rescind the original proposed changes to              20590–0001.
                                                    that FTA provide guidelines to agencies                 add ‘‘Pension Funds’’ and ‘‘OPEB                        • Hand Delivery or Courier: West
                                                    for accuracy standards and testing that                 Adjustment’’ USOA object classes. FTA                 Building Ground Floor, Room W12–140,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    the agencies can write into their RFPs                  will also publish a new USOA                          1200 New Jersey Avenue SE., between
                                                    when they procure APC systems.                          numbering scheme that is more                         9 a.m. and 5 p.m. ET, Monday through
                                                       Response: While FTA certainly                        consistent with a standard chart of                   Friday, except Federal holidays.
                                                    encourages agencies to follow best                      accounts. These changes will be                       Telephone: 1–800–647–5527.
                                                    practices when procuring APC systems,                   reflected in the final Uniform System of                • Fax: 202–493–2251
                                                    FTA believes ample guidance is                          Accounts.                                               Instructions: All submissions must
                                                    available through other industry                           The revised APC certification process              include the agency name and docket
                                                    resources.                                              is effective immediately. The final                   number for this proposed collection of


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                                                                                              Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices                                                           70265

                                                    information. Note that all comments                                      (i) Whether the proposed collection of                  Communications about Potential
                                                    received will be posted without change                                 information is necessary for the proper                   Defects.
                                                    to http://www.regulations.gov, including                               performance of the functions of the                          These Early Warning Reporting (EWR)
                                                    any personal information provided.                                     agency, including whether the                             requirements specify that manufacturers
                                                    Please see the Privacy Act heading                                     information will have practical utility;                  of motor vehicles and motor vehicle
                                                    below.                                                                   (ii) the accuracy of the agency’s                       equipment submit information,
                                                      Privacy Act: Anyone is able to search                                estimate of the burden of the proposed                    periodically or upon NHTSA’s request,
                                                    the electronic form of all comments                                    collection of information, including the                  that includes claims for deaths and
                                                    received into any of our dockets by the                                validity of the methodology and                           serious injuries, property damage data,
                                                    name of the individual submitting the                                  assumptions used;                                         communications from customers and
                                                    comment (or signing the comment, if                                      (iii) how to enhance the quality,                       others, information on incidents
                                                    submitted on behalf of an association,                                 utility, and clarity of the information to                resulting in fatalities or serious injuries
                                                                                                                           be collected; and                                         from possible defects in vehicles or
                                                    business, labor union, etc.). You may
                                                                                                                             (iv) how to minimize the burden of                      equipment in the United States or in
                                                    review DOT’s complete Privacy Act
                                                                                                                           the collection of information on those                    identical or substantially similar
                                                    Statement in the Federal Register                                      who are to respond, including the use
                                                    published on April 11, 2000 (65 FR                                                                                               vehicles or equipment in a foreign
                                                                                                                           of appropriate automated, electronic,                     country, and other information that
                                                    19477–78) or you may visit http://                                     mechanical, or other technological
                                                    DocketInfo.dot.gov.                                                                                                              assist NHTSA in identifying potential
                                                                                                                           collection techniques or other forms of                   safety-related defects. The intent of this
                                                      Docket: For access to the docket to                                  information technology, e.g. permitting
                                                    read background documents or                                                                                                     information collection is to provide
                                                                                                                           electronic submission of responses.                       early warning of such potential safety-
                                                    comments received, go to http://                                         In compliance with these
                                                    www.regulations.gov or the street                                                                                                related defects.
                                                                                                                           requirements, NHTSA asks for public
                                                    address listed above. Follow the online                                                                                             Estimated Burden Hours: This
                                                                                                                           comments on the following collection of
                                                    instructions for accessing the dockets.                                                                                          approved information collection was
                                                                                                                           information:
                                                                                                                             Title: Reporting of Information and                     last renewed in August 2013, when
                                                    FOR FURTHER INFORMATION CONTACT:  Leo                                                                                            additional component type codes were
                                                    Yon, Trends Analysis Division (NEF–                                    Documents about Potential Defects.
                                                                                                                             Type of Request: Revision of a                          added to manufacturer EWR
                                                    170), Room W45–215, NHTSA, 1200                                                                                                  submissions. See 78 FR 51412. Due to
                                                    New Jersey Ave., Washington, DC                                        currently approved information
                                                                                                                           collection.                                               one-time investments and other
                                                    20590. Telephone: (202) 366–7028.                                                                                                associated costs, the collection was
                                                                                                                             OMB Control Number: 2127–0616.
                                                    SUPPLEMENTARY INFORMATION:     Under the                                 Affected Public: Businesses or                          approved for 85,193 burden hours and
                                                    Paperwork Reduction Act of 1995,                                       individuals.                                              $10.3 million dollars in the first year.
                                                    before an agency submits a proposed                                      Abstract: This notice requests                          We estimated subsequent years would
                                                    collection of information to OMB for                                   comment on NHTSA’s proposed                               require 45,897 burden hours and $5.75
                                                    approval, it must first publish a                                      extension to approved collection of                       million dollars. Today we update these
                                                    document in the Federal Register                                       information OMB No. 2127–0616. The                        estimates by removing the first-year
                                                    providing a 60-day comment period and                                  Transportation Recall Enhancement,                        costs associated with the 2013
                                                    otherwise consult with members of the                                  Accountability, and Documentation                         rulemaking, as well as revising
                                                    public and affected agencies concerning                                (TREAD) Act (Pub. L. 106–414) was                         estimates to better align with current
                                                    each proposed collection of information.                               enacted on November 1, 2000. These                        EWR volume.
                                                    The OMB has promulgated regulations                                    TREAD requirements of the Act are                            First, the below estimates are adjusted
                                                    describing what must be included in                                    found in 49 U.S.C. 30166 and many of                      to better reflect current EWR submission
                                                    such a document. Under OMB’s                                           these requirements are implemented                        volume. Table 1 provides an average
                                                    regulation, see 5 CFR 1320.8(d), an                                    through, and addressed with more                          annual submission count for each claim
                                                    agency must ask for public comment on                                  specificity in, 49 CFR part 579                           category submitted per the requirements
                                                    the following:                                                         Reporting of Information and                              of 49 CFR 579:
                                                                                           TABLE 1—ANNUAL AVERAGE OF SUBMISSIONS BY MANUFACTURERS (2013–2015)
                                                                                                          Light       Heavy, med                                   Emergency                               Child      Equipment
                                                               Category of claims                                                    Trailers       Motorcycles                 Buses        Tires                                Totals
                                                                                                         vehicles      vehicles                                     vehicles                             restraints      mfr.

                                                    Injury Fatality .................................        9,082            97             13             135             3         12         74            378            8     9,804
                                                    Property Damage * ........................               8,554           572             21              16             2         55      2,261            N/A          N/A    11,481

                                                    Warranty Claims ............................                                                                    Aggregate Data

                                                    Consumer Complaints ...................                                                                         Aggregate Data

                                                    Mfr. Field Reports .........................           66,064          7,221             13            1,276            3        461        N/A          4,259          N/A    79,297

                                                    Dealer Field Reports .....................                                                                      Aggregate Data
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Foreign Death Claims ...................                    59               1              1             2             0           0            2          35            0       101

                                                          Totals .....................................     83,759          7,891             48            1,429            8        528      2,337          4,672            8   100,683
                                                       * Property damage claims are aggregate data but are counted differently because they require more time to manually review.



                                                      The above updated submission totals                                  collection. Submission totals for each                    (previously 6,041 claims), 11,481
                                                    represent a 17% increase from the                                      category have risen with an average of                    property damage claims (previously
                                                    currently approved information                                         9,804 injury and fatality claims                          11,402 claims), 79,297 manufacturer


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                                                    70266                                     Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices

                                                    field reports (previously 68,574 field                                        The agency estimates that an average                                         to process. Multiplying this average
                                                    reports), 101 foreign death claims                                          of 5 minutes is required for a                                                 number of minutes by the number of
                                                    (previously 41 claims), totaling 100,683                                    manufacturer to process each report,                                           submissions NHTSA receives in each
                                                    submissions on average (previously                                          with the exception of foreign death                                            reporting category yields the burden
                                                    estimated at 86,058 submissions).                                           claims. We estimate foreign death                                              hour estimates found below in Table 2:
                                                                                                                                claims require an average of 15 minutes
                                                                                                                        TABLE 2—ESTIMATED ANNUAL BURDEN HOURS
                                                                                                          Light        Heavy, med                                                   Emergency                                         Child           Equipment
                                                               Category of claims                                                           Trailers        Motorcycles                                     Buses       Tires                                              Totals
                                                                                                         vehicles       vehicles                                                     vehicles                                       restraints           mfr.

                                                    Injury Fatality .................................         757                    8                 1                 11                        0                1        6               32                   1              817
                                                    Property Damage* .........................                713                   48                 2                  1                        0                5      188              N/A                 N/A              957

                                                    Warranty Claims ............................                                                                                      Aggregate Data

                                                    Consumer Complaints ...................                                                                                           Aggregate Data

                                                    Mfr. Field Reports .........................             5,505                602                  1                106                        0            38         N/A              355                 N/A            6,608

                                                    Dealer Field Reports .....................                                                                                        Aggregate Data

                                                    Foreign Death Claims ...................                    15                    0                0                     1                     0                0           1              9                   0               25

                                                          Totals .....................................       6,990                658                  4                119                        1            44         195              395                    1           8,407
                                                       * Property damage claims are aggregate data but are counted differently because they require more time to manually review.



                                                      Our previous estimates totaled 7,178                                      and dealer field reports are included in                                       calculated by multiplying hours used to
                                                    burden hours associated with these                                          reporting and computer maintenance                                             report for a given category by the
                                                    Early Warning submissions. We now                                           hours. The burden hours for computer                                           number of manufacturers for the
                                                    update that total to 8,407 burden hours,                                    maintenance are calculated by                                                  category. Using these methods and the
                                                    a 17% increase, associated with the                                         multiplying the hours of computer use                                          average number of manufacturers who
                                                    above noted claim categories.                                               (for a given category) by the number of                                        report annually, we estimate the burden
                                                      The burden hours associated with                                          manufacturers reporting in a category.                                         hours for reporting cost and computer
                                                    aggregate data submissions for                                              Similarly, reporting burden hours are                                          maintenance below in Table 3:
                                                    consumer complaints, warranty claims,

                                                                             TABLE 3—ESTIMATED ANNUAL BURDEN HOURS FOR REPORTING AND COMPUTER MAINTENANCE
                                                                                                                                                                                   Quarterly                                        Hours for com-             Annual burden
                                                                                                                                                   Avg. Number                                               Annual burden
                                                                                                                                                                                    hours to                                         puter mainte-               hours for
                                                                             Vehicle/equipment category                                           of manufactur-                                               hours for
                                                                                                                                                                                   report per                                         nance per                  computer
                                                                                                                                                        ers                                                    reporting
                                                                                                                                                                                  manufacturer                                       manufacturer               maintenance

                                                    Light Vehicles .......................................................................                            39                               8                1,248                        347                    13,533
                                                    Medium-Heavy Vehicles ......................................................                                      39                               5                  780                       86.5                      3,374
                                                    Trailers .................................................................................                        80                               1                  320                       86.5                      6,920
                                                    Motorcycles ..........................................................................                            15                               2                  120                       86.5                      1,298
                                                    Emergency Vehicles ............................................................                                    7                               5                  140                       86.5                         606
                                                    Buses ...................................................................................                         38                               5                  760                       86.5                      3,287
                                                    Tires .....................................................................................                       34                               5                  680                       86.5                      2,941
                                                    Child Restraints ....................................................................                             34                               1                  136                       86.5                      2,941
                                                    Vehicle Equipment ...............................................................                                  6                               1                   24                          -       ........................

                                                           Totals ............................................................................    ........................       ........................               4,208       ........................                34,899



                                                      Thus, the total burden hours for EWR                                      a determination or notice has been made                                        results in 133 hours for preparation and
                                                    death and injury data, aggregate data                                       in a language other than English,                                              submission of the reports (133 defect
                                                    and non-dealer field reports is 8,407                                       translate the determination or notice                                          reports × 1 hour clerical = 133 hours)
                                                    (Table 2) + 4,208 (Table 3) + 34,899                                        into English before transmitting it to the                                     and 266 hours for technical time (133
                                                    (Table 3) = 47,514 burden hours.                                            agency. NHTSA estimates that preparing                                         foreign recall reports × 2 hours technical
                                                      In order to provide the information                                       and submitting each foreign defect                                             = 266 hours.
                                                    required for foreign safety campaigns,                                      report (foreign recall campaign) requires                                        With respect to the burden of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    manufacturers must (1) determine                                            1 hour of clerical staff and that                                              determining identical or substantially
                                                    whether vehicles or equipment that are                                      translation of determinations into                                             similar vehicles or equipment to those
                                                    covered by a foreign safety recall or                                       English requires 2 hours of technical                                          sold in the United States, manufacturers
                                                    other safety campaign are identical or                                      staff (note: this assumes that all foreign                                     of motor vehicles are required to submit
                                                    substantially similar to vehicles or                                        campaign reports require translation,                                          not later than November 1 of each year,
                                                    equipment sold in the United States, (2)                                    which is unlikely). Between 2013 and                                           a document that identifies foreign
                                                    prepare and submit reports of these                                         2015, NHTSA received a yearly average                                          products and their domestic
                                                    campaigns to the agency, and (3) where                                      of 133 foreign recall reports which                                            counterparts. NHTSA continues to


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                                                                                          Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices                                                                                                    70267

                                                    estimate that the annual list could be                                     lists from 83 manufacturers, on average,                                         attorney support = 664 hours) + (83
                                                    developed with 8 attorney hours and 1                                      resulting in 747 burden hours (83                                                vehicle manufacturers × 1 hour for IT
                                                    hour for IT work. NHTSA receives these                                     vehicle manufacturers ×x 8 hours for                                             support = 83 hours).

                                                                                                                 TABLE 4—HOURLY BURDEN FOR FOREIGN REPORTING
                                                                                                                                                                                                                                                     Burden hours
                                                                                              Task                                                           Qty                                  Occupation
                                                                                                                                                                                                                                             Per unit               Total

                                                    Annual List ...............................................................................                       83        Attorney ..................................                                 8                 664
                                                    Annual list—Electronic ............................................................                               83        IT ............................................                             1                  83
                                                    Foreign Defect Report .............................................................                              133        Clerical ...................................                                1                 133
                                                    Foreign Defect report ..............................................................                             133        Technical ................................                                  2                 266

                                                          Total .................................................................................   ........................        ................................................   ........................          1,146



                                                       Therefore, the total annual hour                                        estimate that it takes about 5 minutes to                                        adjusted wages and salaries, for private
                                                    burden on manufacturers for reporting                                      collect, index, and send each notice to                                          industry workers, were referenced to
                                                    foreign safety campaigns and                                               NHTSA. Therefore, we continue to                                                 calculate the following updated 2016
                                                    substantially similar vehicles/                                            estimate that it takes 7,000 documents ×                                         wage rates:
                                                    equipment is 1,146 hours (774 hours                                        5 minutes = 35,000 minutes or 583
                                                    professional time + 133 hours clerical                                     hours for manufacturers to submit                                                   TABLE 6—HOURLY WAGE RATES BY
                                                    time + 266 hours technical time). This                                     notices as required under Part 579.5.                                                        OCCUPATION
                                                    is an increase of 154 burden hours from
                                                    our previous estimate (1,146 hours for                                     TABLE 5—TOTAL BURDEN HOURS FOR                                                                                              Wage rate
                                                    current estimate—992 hours for                                                     THIS COLLECTION                                                                Occupation
                                                    previous estimate).                                                                                                                                                                             2011               2016
                                                       Section 579.5 also requires                                                                                                  Annual burden
                                                    manufacturers to submit notices,                                                        Reporting type                                                      Attorney ............                $130.39           $144.47
                                                                                                                                                                                       hours
                                                    bulletins, customer satisfaction                                                                                                                            Engineer ...........                  130.39            144.47
                                                    campaigns, consumer advisories and                                         EWR Reporting (Table 3) .....                                     47,514         IT .......................            145.59            161.31
                                                    other communications that are sent to                                      Foreign Reporting (Table 4)                                        1,146         Technical ..........                   94.09            104.25
                                                    more than one dealer or owner.                                             Part 579.5 .............................                             583         Clerical ..............                30.69             34.00
                                                    Manufacturers are required to submit                                                                                                                          2016 wage data from U.S. Department of
                                                                                                                                      Total ...............................                      49,243
                                                    this information monthly. Section 579.5                                                                                                                     Labor.
                                                    does not require manufacturer to create
                                                    these documents; rather, only copies of                                      Estimated Cost Burdens—We now                                                     We have also constructed various
                                                    these documents must be submitted to                                       estimate the calculated cost burdens                                             breakdowns of the average five minutes
                                                    NHTSA. Therefore, the burden hours                                         that this collection imposes on industry.                                        of labor among the various occupations
                                                    are only those associated with collecting                                  The hourly wage rates shown below                                                depending on the type of document that
                                                    the documents and submitting copies to                                     have been utilized in previous renewals                                          was reviewed. For example, to combine
                                                    NHTSA. Manufacturers must index                                            of this collection and are now updated                                           three minutes of technical labor and two
                                                    these communications and email them                                        through June 2016. These current rate                                            minutes of clerical labor produces a
                                                    to NHTSA within 5 working days after                                       adjustments are derived from the                                                 combined wage rate of $76.15 per hour,
                                                    the end of the month in which they                                         Employment Cost Index Historical                                                 using the adjusted 2016 wage rates in
                                                    were issued.                                                               Listing (Volume III) provided by the                                             Table 6. Table 7 shows the time
                                                       NHTSA continues to estimate that we                                     U.S. Bureau of Labor Statistics to adjust                                        allocations and weighted hourly rate by
                                                    receive about 7,000 notices a year. We                                     for inflation. The non-seasonally                                                report:

                                                                                                 TABLE 7—TIME ALLOCATION AND WEIGHTED HOURLY RATE BY REPORT
                                                                                                                                                                                                                                                                    Weighted
                                                                          Claim type                                     Attorney               Engineer                       IT                 Technical                Clerical             Total time         hourly rate

                                                    Claims of Injury/Death .............................                                3                    0                            0                       0                      2                     5       $100.29
                                                    Property Damage .....................................                               0                    0                            0                       3                      2                     5         76.15
                                                    Mfr. Field Reports ....................................                             0                    0                            0                       3                      2                     5         76.15
                                                    Foreign Deaths ........................................                             3                   10                            0                       0                      2                    15        129.74
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                                                      The total cost for 2016 Claims                                           W = Wage rate based on U.S. Department of                                          NHTSA estimates the reporting costs
                                                    documents were obtained using the                                           Labor and skill mix                                                             as a function of
                                                    following formula:
                                                                                                                                 For example, the estimated cost to                                               • The number of manufacturers
                                                    K × T × W = Costs for claim type                                                                                                                            reporting;
                                                                                                                               report light vehicle death and injury
                                                    Where:                                                                     claims is $75,899 (9,082 death and                                                 • The frequency of required reports;
                                                                                                                               injury claims reported × 5/60 hours ×                                              • The number of hours required per
                                                    K = Documents submitted by industry                                                                                                                         report; and
                                                    T = Average time spent on a document                                       $100.29 wage rate).
                                                                                                                                                                                                                  • The cost of personnel to report.


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                                                    70268                                     Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices

                                                       The number of manufacturers                                                 The reporting costs are calculated as                                        M × Tc × IT = cost of computer
                                                    reporting is estimated from EWR                                              follows:                                                                        maintenance
                                                    submission. The frequency of reports is                                      M × Tp × 4 × $69.13 = cost of reporting                                         Where:
                                                    fixed at 4 times per year. The number                                        Where:
                                                    of hours for reporting ranges from 1                                                                                                                        M = Manufacturers reporting data in the
                                                    hour for trailer manufacturer to 8 hours                                     M = Manufacturers reporting data in the                                           category
                                                                                                                                   category                                                                     Tc = Annual computer maintenance time per
                                                    for light vehicle manufacturers (See                                         Tp = Reporting time for the category
                                                    Table 3). In addition, we assume that 50                                                                                                                       manufacturer for the category
                                                                                                                                 4 = Quarterly reports per year                                                 IT = IT wage rate
                                                    percent of the total burden hours are                                        $69.13 = Reporting cost wage rate (rounded)
                                                    utilized by technical personnel while
                                                                                                                                    Thus, the estimated reporting cost for                                         The computer maintenance costs for
                                                    clerical staff consumes the remaining 50
                                                                                                                                 light vehicles is $86,272 (39                                                  light vehicles are $2,183,059 (39
                                                    percent. In other words, the hourly wage
                                                                                                                                 manufacturers × 8 hours × 4 quarters ×                                         manufacturers × 347 hours × $161.31
                                                    rate for each quarterly report is split
                                                    evenly between technical and clerical                                        $69.13 wage rate).                                                             wage rate).
                                                    personnel and a weighted average of the                                         The costs for computer maintenance                                             Table 8 shows the annual cost of
                                                    wage hour is developed from this                                             including software, hardware, data                                             reporting EWR information to NHTSA
                                                    assumption. For 2016 the wage rate is                                        storage, etc. were calculated using the                                        using the information outlined in tables
                                                    $69.13 ([$104.25 × 0.5] + [$34.00 × 0.5]).                                   following formula:                                                             1, 2, 3, 6, and 7:
                                                                                                                TABLE 8—ESTIMATE EWR COSTS BY SUBMISSION TYPE
                                                                                                          Light        Heavy, med                                                  Emergency                                              Child       Equipment
                                                                      Category                                                               Trailers         Motorcycles                                Buses            Tires                                          Totals
                                                                                                         vehicles       vehicles                                                    vehicles                                            restraints       mfr.

                                                    (Injury/Fatality) ...............................     $75,899                 $811             $109                $1,128                  $25           $100           $618           $3,159               $67      $81,916
                                                    Property Damage * ........................             54,284                3,630              133                   102                   13            349         14,348                0                 0       72,859

                                                    Warranty Claims ............................                                                                                     Aggregate Data

                                                    Consumer Complaints ...................                                                                                          Aggregate Data

                                                    Mfr. Field Reports .........................          419,247              45,825                 82                8,098                      19       2,926                 0        27,028                 0      503,224

                                                    Dealer Field Reports .....................                                                                                       Aggregate Data

                                                    Foreign Death Claims ...................                 1,914                32               32                   65                     0              0              65            1,135                   0        3,244
                                                    Reporting Cost ..............................           86,272            53,920           22,121                8,295                 9,678         52,537          47,007            9,401               1,659      290,891
                                                    Computer Maintenance .................               2,183,059           544,192        1,116,291              209,305                97,675        530,238         474,424          474,424                   0    5,629,607

                                                          Totals: ....................................   2,820,674           648,410        1,138,769              226,992              107,410         586,150         536,463          515,147               1,726    6,581,741
                                                       Note: Totals may not be exact due to rounding.



                                                      Table 9 details the total annual costs                                     similar vehicles and foreign safety
                                                    for reproting annual list of substatially                                    campaigns:

                                                            TABLE 9—ESTIMATED ANNUAL COSTS FOR SUBSTANTIALLY SIMILAR VEHICLES AND FOREIGN SAFETY CAMPAIGNS
                                                                                                                                                                          2016 Wage                                   Burden hours
                                                                           Task                                       Qty                    Occupation                    rate (from                                                                                  Cost
                                                                                                                                                                            Table 6)                     Per unit                          Total

                                                    Annual list .....................................                           83      Attorney .............                    $144.47                                8                            664               $95,929
                                                    Annual list—Electronic ..................                                   83      IT .......................                 161.31                                1                             83                13,389
                                                    Defect report .................................                            133      Clerical ..............                     34.00                                1                            133                 4,523
                                                    Defect report .................................                            133      Technical ...........                      104.25                                2                            266                27,731

                                                           Foreign Campaign Totals ......                    ........................    ...........................    ........................    ........................                         1,146              141,572



                                                      The cost associated for manufacturers                                      are done the higher paid staff. Thus, we                                         TABLE 10—TOTAL DOLLAR ESTIMATES
                                                    to submit Part 579.5 notices, bulletins,                                     estimated the cost to collect and submit                                          FOR MANUFACTURERS TO COMPLY
                                                    customer satisfaction campaigns,                                             Part 579.5 documents at 583 hours ×                                               WITH EWR REPORTING, FOREIGN
                                                    consumer advisories and other                                                $104.25 for Technical staff = $60,779 for                                         REPORTING, AND PART 579.5 RE-
                                                    communications that are sent to more                                         manufacturers to submit notices as                                                 PORTING
                                                    than one dealer or owner can be                                              required under Part 579.5.
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                                                    estimated from the number of hours and                                         Table 10 shows the estimated cost for                                                                                         Annual Cost
                                                    wage of personal submitting the                                                                                                                                        Reporting Type
                                                                                                                                 manufacturers to report EWR data,                                                                                                   ($)
                                                    documents. We understand that some                                           foreign campaigns, and Part 579.5
                                                    manufacturers have clerical staff collect                                                                                                                   EWR Reporting (Table 8) .....                      $6,581,741
                                                                                                                                 documents through this collection:                                             Foreign Reporting (Table 9)                           141,572
                                                    and submit the documents and other
                                                    have technical staff. Because we do not                                                                                                                     Part 579.5 Submissions .......                         60,779
                                                    know how many documents are sent by                                                                                                                                Total ...............................           6,784,092
                                                    a particular staff we will assume they


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                                                                                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices                                         70269

                                                      Removed Burdens— Our previous                         DEPARTMENT OF TRANSPORTATION                             (iv) how to minimize the burden of
                                                    renewal of this collection included one-                                                                      the collection of information on those
                                                    time cost estimates associated with                     National Highway Traffic Safety                       who are to respond, including the use
                                                    adding a new vehicle type, fuel and/or                  Administration                                        of appropriate automated, electronic,
                                                    propulsion system type, and four new                    [U.S. DOT Docket Number NHTSA–2016–                   mechanical, or other technological
                                                    components (stability control, forward                  0065]                                                 collection techniques or other forms of
                                                    collision avoidance, lane departure                                                                           information technology, e.g. permitting
                                                    prevention, and backover prevention) to                 Reports, Forms, and Record Keeping                    electronic submission of responses.
                                                                                                            Requirements                                             In compliance with these
                                                    vehicle EWR reporting. These one-time
                                                                                                                                                                  requirements, NHTSA asks for public
                                                    costs were estimated for manufacturers                  AGENCY: National Highway Traffic                      comments on the following collection of
                                                    to amend their reporting templates and                  Safety Administration (NHTSA), U.S.                   information:
                                                    revise their software system to support                 Department of Transportation.                            Title: Defect and Noncompliance
                                                    the new reporting requirements. See 78                  ACTION: Notice.                                       Reporting and Notification.
                                                    FR 51415. Manufacturers were required                                                                            Type of Request: Extension of a
                                                    to make these changes to their vehicle                  SUMMARY:    In compliance with the                    currently approved information
                                                    EWR reporting by January 1, 2015. See                   Paperwork Reduction Act of 1995, this                 collection.
                                                    79 FR 47591. As these one-time costs                    notice announces that the Information                    OMB Control Number: 2127–0004.
                                                    have already been incurred and                          Collection Request (ICR) abstracted                      Affected Public: Businesses or
                                                    manufacturers have already made the                     below has been forwarded to the Office                individuals.
                                                    necessary modifications to their                        of Management and Budget (OMB) for                       Abstract: The 60-day notice for this
                                                    systems, a total of 39,296 burden hours                 review and comment. The ICR describes                 information collection received one (1)
                                                                                                            the nature of the information collections             comment submitted by Nissan North
                                                    and $4.57 million dollars will be
                                                                                                            and their expected burden. The Federal                America, Inc. (Nissan). Nissan agreed
                                                    removed from this collection.
                                                                                                            Register Notice with a 60-day comment                 with many of the estimates presented in
                                                      Summary of Burden Estimate—Based                      period was published on June 27, 2016                 the 60-day notice but did offer
                                                    on the foregoing, we estimate the                       (81 FR 41644).                                        substantive comments on six different
                                                    burden hours for industry to comply                     DATES: Comments must be submitted to                  estimates related to safety recall
                                                    with the current EWR requirements,                      OMB on or before November 10, 2016.                   reporting and owner notification
                                                    foreign campaign requirements and Part                                                                        obligations. A summary of Nissan’s
                                                                                                            ADDRESSES: Send comments to the
                                                    579.5 requirements total 49,243 burden                                                                        comments are found below in the
                                                                                                            Office of Information and Regulatory
                                                    hours (47,514 for EWR requirements +                                                                          corresponding burden estimate along
                                                                                                            Affairs, OMB, 725 17th Street NW.,
                                                    1,146 hours for foreign campaign                                                                              with the Agency’s response.
                                                                                                            Washington, DC 20503, Attention: Desk                    This collection covers the information
                                                    requirements + 583 hours for Part                       Officer.
                                                    579.5). This is a decrease of 35,950                                                                          collection requirements found within
                                                                                                            FOR FURTHER INFORMATION CONTACT: Alex                 various statutory sections in the Motor
                                                    hours from the currently approved                       Ansley, Recall Management Division
                                                    collection, mostly due to the one-time                                                                        Vehicle Safety Act of 1966 (Act), 49
                                                                                                            (NVS–215), Room W48–301, NHTSA,                       U.S.C. 30101, et seq., that address and
                                                    costs we previously estimated and have                  1200 New Jersey Ave., Washington, DC                  require manufacturer notifications to
                                                    now removed from this collection. We                    20590. Telephone: (202) 493–0481.                     NHTSA of safety-related defects and
                                                    now estimate the cost burden for current
                                                                                                            SUPPLEMENTARY INFORMATION: Under the                  failures to comply with Federal Motor
                                                    EWR requirements, foreign campaign                      Paperwork Reduction Act of 1995,                      Vehicle Safety Standards (FMVSS) in
                                                    requirements, and Part 579.5                            before an agency submits a proposed                   motor vehicles and motor vehicle
                                                    requirements to total $6,784,092                        collection of information to OMB for                  equipment, as well as the provision of
                                                    annually.                                               approval, it must first publish a                     particular information related to the
                                                      Estimated Number of Respondents—                      document in the Federal Register                      ensuing owner and dealers notifications
                                                    NHTSA receives EWR submissions,                         providing a 60-day comment period and                 and free remedy campaigns that follow
                                                    foreign campaigns, and Part 579.5                       otherwise consult with members of the                 those notifications.
                                                    submissions from roughly 292                            public and affected agencies concerning                  Pursuant to the Act, motor vehicle
                                                    manufacturers per year.                                 each proposed collection of information.              and motor vehicle equipment
                                                                                                            The OMB has promulgated regulations                   manufacturers are obligated to notify,
                                                      In summary, we estimate that there
                                                                                                            describing what must be included in                   and then provide various information
                                                    will be a total of 292 respondents per                  such a document. Under OMB’s                          and documents, to NHTSA in the event
                                                    year associated with OMB No. 2127–                      regulation, see 5 CFR 1320.8(d), an                   a safety defect or noncompliance with
                                                    0616.                                                   agency must ask for public comment on                 Federal Motor Vehicle Safety Standards
                                                      Issued on: October 4, 2016.                           the following:                                        (FMVSS) is identified in products they
                                                    Michael L. Brown,                                         (i) Whether the proposed collection of              manufactured. See 49 U.S.C. 30118(b)
                                                    Acting Director, Office of Defects                      information is necessary for the proper               and 49 CFR 573.6 (requiring
                                                    Investigation.                                          performance of the functions of the                   manufacturers to notify NHTSA, and
                                                    [FR Doc. 2016–24526 Filed 10–7–16; 8:45 am]
                                                                                                            agency, including whether the                         provide certain information, when they
                                                                                                            information will have practical utility;              learn of a safety defect or
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                                                    BILLING CODE 4910–59–P
                                                                                                              (ii) the accuracy of the agency’s                   noncompliance). Manufacturers are
                                                                                                            estimate of the burden of the proposed                further required to notify owners,
                                                                                                            collection of information, including the              purchasers, dealers and distributors
                                                                                                            validity of the methodology and                       about the safety defect or
                                                                                                            assumptions used;                                     noncompliance. See 49 U.S.C. 30118(b),
                                                                                                              (iii) how to enhance the quality,                   30120(a), and 49 CFR 577.7, 577.13.
                                                                                                            utility, and clarity of the information to            They are required to provide to NHTSA
                                                                                                            be collected; and                                     copies of communications pertaining to


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Document Created: 2018-02-13 16:34:11
Document Modified: 2018-02-13 16:34:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionRequest for public comment on an extension of a currently approved collection of information.
DatesComments must be received on or before December 12, 2016.
ContactLeo Yon, Trends Analysis Division (NEF-170), Room W45-215, NHTSA, 1200 New Jersey Ave., Washington, DC 20590. Telephone: (202) 366-7028.
FR Citation81 FR 70264 

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