Agency Information Collection Activities; Notice and Request for Comment; Petitions for Exemption from the Vehicle Theft Prevention Standard |
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Raymond R. Posten
National Highway Traffic Safety Administration
20 August 2020
[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Notices]
[Pages 51548-51550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18216]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[U.S. DOT Docket Number NHTSA-2020-0004]
Agency Information Collection Activities; Notice and Request for
Comment; Petitions for Exemption from the Vehicle Theft Prevention
Standard
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice and request for comments on a reinstatement of a
previously-approved information collection.
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SUMMARY: The National Highway Traffic Safety Administration (NHTSA)
invites public comments about our intention to request approval from
the Office of Management and Budget (OMB) to reinstate a previously-
approved information collection. Before a Federal agency can collect
certain information from the public, it must receive approval from 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 one collection of information for which NHTSA intends to seek
OMB approval.
DATES: Comments must be received on or before October 19, 2020.
ADDRESSES: You may submit comments identified by the Docket No. DOT-
NHTSA-2020-0004 through any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Fax: 1-202-493-2251.
Mail or Hand Delivery: Docket Management, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-
140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.
FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, West
Building, W43-439, NRM-310, 1200 New Jersey Avenue SE, Washington, DC
20590. Ms. Ballard's telephone number is (202) 366-5222. Please
identify the relevant collection of information by referring to its OMB
Control Number.
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 (at 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; (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 proposed collection of information for which the agency
is seeking approval from OMB.
Title: Petitions for Exemption From the Vehicle Theft Prevention
Standard (49 CFR part 543).
OMB Control Number: 2127-0542.
Type of Request: Request for approval of a reinstatement of a
previously-approved information collection.
Type of Review Requested: Regular.
Length of Approval Requested: Three years.
Affected Public: Motor vehicle manufacturers.
Requested Expiration Date of Approval: Three years from approval
date.
Summary of Information Collection: 49 U.S.C. Chapter 331 requires
the Secretary of Transportation to promulgate a theft prevention
standard to provide for the identification of certain motor vehicles
and their major replacement parts (parts-marking) to impede motor
vehicle theft. Under 49 U.S.C. 33106, manufacturers may petition the
Secretary of Transportation (NHTSA by delegation) for an exemption from
the parts-marking requirement for a line of passenger motor vehicles
equipped with an anti-theft device as standard equipment that the
Secretary (NHTSA by delegation) decides is likely to be as effective in
reducing and deterring motor vehicle theft as compliance with the
parts-marking requirements. In accordance with the statute, NHTSA
promulgated 49 CFR part 543 to provide a process through which
manufacturers may seek an exemption from the Theft Prevention Standard.
Under these regulations, each manufacturer may request an exemption for
one vehicle line per model year.
Under the current part 543, manufacturers choose how they wish to
demonstrate to the agency that the anti-theft device they are
installing in a vehicle line meets the requirements for exemption: by
either the factors listed in Sec. 543.6 (specific content
requirements: detailed lists, data, and explanations) or by the
criteria listed in Sec. 543.7 (performance criteria). Section 543.6
requires manufacturer to submit: (1) A statement that an antitheft
device will be installed as standard equipment on all vehicles in the
line for which an exemption is sought; (2) a list naming each component
in the antitheft system, and a diagram showing the location of each of
those components within the vehicle; (3) a discussion that explains the
means and process by which the device is activated and functions,
including any aspect of the device designed to facilitate or encourage
its activation by motorists, attract attention to the efforts of an
unauthorized person to enter or move the vehicle by means other than a
key, prevent defeating or circumventing the device by an unauthorized
person attempting to enter a vehicle by means other than a key, prevent
the operation of a vehicle which an unauthorized person has entered
using means other than a key, and ensure the reliability and durability
of the device; (4) the reasons for the
[[Page 51549]]
petitioner's belief that the antitheft device will be effective in
reducing and deterring motor vehicle theft, including any theft data
and other data that are available to the petitioner and form the basis
for that belief; (5) the reasons for the petitioner's belief that the
agency should determine that the antitheft device is likely to be as
effective as compliance with the parts-marking requirements of Part 541
in reducing and deterring motor vehicle theft, including any
statistical data that are available to the petitioner and form a basis
for petitioner's belief that a line of passenger motor vehicles
equipped with the antitheft device is likely to have a theft rate equal
to or less than that of passenger motor vehicles of the same, or
similar, line which have parts marked in compliance with part 541.
Section 543.7 requires manufacturers to submit a statement that the
entire line of vehicles is equipped with an immobilizer, as standard
equipment, that meets one of the following: (1) The performance
criteria of (subsections 8 through 21) of C.R.C, c. 1038.114, Theft
Protection and Rollaway Prevention (in effect March 30, 2011), as
excerpted in appendix A of this part; (2) National Standard of Canada
CAN/ULC-S338-98, Automobile Theft Deterrent Equipment and Systems:
Electronic Immobilization (May 1998); (3) United Nations Economic
Commission for Europe (UN/ECE) Regulation No. 97 (ECE R97), Uniform
Provisions Concerning Approval of Vehicle Alarm System (VAS) and Motor
Vehicles with Regard to Their Alarm System (AS) in effect August 8,
2007; or (4) UN/ECE Regulation No. 116 (ECE R116), Uniform Technical
Prescriptions Concerning the Protection of Motor Vehicles Against
Unauthorized Use in effect on February 10, 2009. Manufacturers must
also submit documentation kept to demonstrate that the device conforms
with the performance criteria and a statement that the immobilizer
device is durable and reliable.
Description of the Need for the Information and Proposed Use of the
Information: NHTSA requires this information to make a determination of
whether an anti-theft device a manufacturer is installing in a vehicle
line is likely to be as effective in reducing and deterring motor
vehicle theft as compliance with the parts-marking requirements and
therefore meets the requirements for the grant of an exemption from
Part 541 parts-marking.
Estimated Number of Respondents: 12.
The universe of possible petitioners includes all vehicle
manufacturers that are required to comply with the Theft Prevention
Standard. There are approximately 23 vehicle manufacturers. NHTSA
received 32 petitions for exemption from the parts-marking requirements
for MYs 2017-2020, and 12 petitions in the most recent year: 9
respondents filing under Sec. 543.6 and 3 respondents filing under
Sec. 543.7. We anticipate that the number of petitions received in
each of the next three years will be the same as the number of
petitions received in the most recent year, with 9 petitions submitted
under Sec. 543.7 and 3 submitted under Sec. 543.6 for a total of 12
petitions. Because each manufacturer is limited to requesting an
exemption for one vehicle line per model year, NHTSA estimates that
each petition will be submitted by a different vehicle manufacturer.
Therefore, we estimate the total number of responses and respondents
will be 12.
Estimated Total Annual Burden Hours: 2,094.
NHTSA estimates, based on information provided by manufacturers,
that 226 hours will be required for exemptions requested under Sec.
543.6, and 20 hours for exemptions requested under Sec. 543.7. The
agency expects that nine manufacturers will choose to file for an
exemption under Sec. 543.6 and three manufacturers will choose to file
for an exemption under Sec. 543.7. The estimated total annual burden
hours are shown below:
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Average time
Average number per petition Total annual
of petitions submittal hours
per year (hrs)
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Preparation and Submittal of Petition for Exemption under Sec. 9 226 2,034
543.6..........................................................
Preparation and Submittal of Petition for Exemption under Sec. 3 20 60
543.7..........................................................
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Estimated Total Annual Burden Hours:........................ .............. .............. 2,094
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The labor cost associated with the burden hours for this collection
is derived by (1) applying appropriate average hourly labor rate for
``Compliance Officers,'' Occupation Code 13-1041, published by the
Bureau of Labor Statistics,\1\ (2) dividing by 0.701 \2\ (70.1%) to
obtain the total compensation rate for private industry workers, and
(3) multiplying by the estimated labor hours for each exemption type.
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\1\ May 2018 National Occupational Employment and Wage
Estimates, United States. Business and Financial Operations
Occupations, Compliance Officers, Occupation Code 13-1041; Mean
Hourly Wage = $34.86. https://www.bls.gov/oes/current/oes_nat.htm.
Accessed Mar. 9, 2020.
\2\ See Table 1 at https://www.bls.gov/news.release/ecec.t01.htm.
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Average time Estimated
Hourly labor per petition Labor cost/ number of Annual labor
cost submittal petition petitions/year cost
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Preparation and Submittal of $49.73 226 $11,238.98 9 $101,151
Petition for Exemption under
Sec. 543.6...................
Preparation and Submittal of 49.73 20 994.60 3 2,984
Petition for Exemption under
Sec. 543.7...................
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Estimated Annual Labor Cost .............. .............. .............. .............. 104,135
for This Information
Collection:................
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[[Page 51550]]
Costs to Respondents or Recordkeepers: $0.
NHTSA estimates that there will be no costs to respondents other
than costs associated with burden hours.
Public Comments Invited: You are asked to comment on any aspects of
this information collection, including (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; (b) the accuracy of the Department's estimate
of the burden of the proposed information collection; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; 49 CFR 1.49; and DOT Order 1351.29.
Issued in Washington, DC.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2020-18216 Filed 8-19-20; 8:45 am]
BILLING CODE 4910-59-P