Agency Information Collection Activities; Notice and Request for Comment; Motorcycle Helmets (Labeling)

Agency Information Collection Activities; Notice and Request for Comment; Motorcycle Helmets (Labeling)

Agency Information Collection Activities; Notice and Request for Comment; Motorcycle Helmets (Labeling)

Raymond R. Posten
National Highway Traffic Safety Administration
12 May 2021

[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26136-26137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09985]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0031]

Agency Information Collection Activities; Notice and Request for
Comment; Motorcycle Helmets (Labeling)

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

ACTION: Notice and request for comments on a reinstatement of a
previously approved collection of information.

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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) for a reinstatement of a
previously approved collection of information entitled ``Motorcycle
Helmets (Labeling)'' (OMB Control Number: 2127-0518). 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 NHTSA's information collection on
motorcycle helmet labeling.

DATES: You should submit your comments early enough to ensure that
Docket Management receives them no later than July 12, 2021.

ADDRESSES: You may submit comments (identified by the DOT Docket ID
Number above) by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility: 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, Washington, DC, 20590-0001 between
9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call (202) 366-9322
before coming.
Fax: 202-493-2251.
All submissions must include the agency name and docket number for
this notice. 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 https://www.transportation.gov/privacy.
Docket: For access to the docket, go to http://www.regulations.gov
or the street address listed above. Follow the online instructions for
accessing the dockets online. To be sure someone is there to help you
at the street address, please call (202) 366-9322 before coming.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Mr. Christian Nguyen, U.S. Department
of Transportation, NHTSA, 1200 New Jersey Avenue SE, West Building Room
W43-418, NRM-130, Washington, DC 20590. Mr. Christian Nguyen's
telephone number is 202-366-2365 and fax number is 202-366-7002. Please
identify the relevant collection of information by referring to its OMB
Control Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), 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: (a) 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; (b) 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; (c) how to enhance
the quality, utility, and clarity of the information to be collected;
(d) 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: Motorcycle Helmets (Labeling).
OMB Control Number: 2127-0518.
Type of Request: Reinstatement of a previously approved collection
of information.
Type of Review Requested: Regular.
Requested Expiration Date of Approval: Three years from the
approval date.
Summary of the Collection of Information: The National Traffic and
Motor Vehicle Safety Act authorizes the Secretary of Transportation
(NHTSA by delegation), at 49 U.S.C. 30111, to issue Federal Motor
Vehicle Safety Standards (FMVSS) that set performance standards for
motor vehicles and items of motor vehicle equipment. Vehicle and
equipment manufacturers must certify that their vehicles or equipment
comply with these standards. Further, the Secretary (NHTSA by
delegation) is authorized, at 49 U.S.C. 30117, to require manufacturers
to provide information to first purchasers of motor vehicles or motor
vehicle equipment when the vehicle or equipment is purchased, in the
form of printed matter placed in the vehicle or attached to the vehicle
or motor vehicle equipment.
Using this authority, NHTSA issued the initial FMVSS No. 218,
``Motorcycle helmets,'' in 1974. Motorcycle helmets are devices used to
protect motorcyclists from head injury in motor vehicle accidents. The
standard requires the manufacturer to label every helmet it produces to
indicate compliance with the requirements of the Standard. The
certification label consists of the symbol ``DOT,'' the term ``FMVSS
No. 218,'' the word ``CERTIFIED,'' the precise model designation, and
the manufacturer's name and/or brand on the outer shell of the helmet
towards the posterior bottom edge. Manufacturers are also required to
label every helmet to provide helmet owners with important safety
information including manufacturer's name, discrete size, month and
year of manufacture, and specific instructions

[[Page 26137]]

to the purchaser. FMVSS No. 218, S5.6 requires that each helmet shall
be labeled permanently and legibly in a manner such that the label(s)
can be read easily without removing padding or any other permanent
part.
Description of the Need for the Information and Proposed Use of the
Information: The labeling requirement in the Standard supports the
Department of Transportation's strategic goal in safety, by ensuring
that motorcycle helmets are manufactured and certified to the
performance requirements of the Standard. NHTSA uses this information
for enforcement purposes to ensure that manufacturers certify
compliance with the Standard. State and local law enforcement use this
information to enforce helmet-use laws, and consumers use the
information to make decisions when purchasing motorcycle helmets.
Affected Public: Motorcycle helmet manufacturers.
Estimated Number of Respondents: 45.
Frequency: On occasion.
Estimated Total Annual Burden Hours: 9,100 hours.
NHTSA estimates that 3,250,000 motorcycle helmets are manufactured
annually by 45 motorcycle helmet manufacturers. NHTSA also estimates
that 10 seconds are spent labeling each helmet. Therefore, the
estimated total annual burden hours for the collection of information
required in FMVSS No. 218 is 9,100 hours (3,250,000 x 10 seconds,
rounded).
For the labor costs associated with the burden hours for affixing
labels to helmets, NHTSA uses the average wage of $22.59 per hour for
``Assemblers and Fabricators'' (occupational code 51-2000) published by
the Bureau of Labor Statistics (BLS).\1\ BLS estimates that wages
represent approximately 70.2% of total compensation for private
industry workers.\2\ Therefore, NHTSA calculates the labor cost
associated with Assemblers and Fabricators to be $32.18 per hour
($22.59 / 0.702). Multiplying that hourly rate by the estimated 9,100
labor hours needed to affix labels yields an estimated total annual
labor cost of $292,838 ($32.18 x 9,100 hours). The total estimated
burden hours and associated labor costs are detailed in the table
below:
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\1\ May 2019 National Industry-Specific Occupational Employment
and Wage Estimates, NAICS 336100--Motor Vehicle Manufacturing,
https://www.bls.gov/oes/current/naics4_336100.htm#51-0000.
\2\ Table 1. Employer Costs for Employee Compensation by
ownership, September 2020, https://www.bls.gov/news.release/ecec.t01.htm.

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Time to affix Estimated total
Number of Number of helmets label per annual burden hours Total labor Labor cost (per Total burden Total labor
respondents (helmet produced annually (per helmet (per respondent) cost per hour respondent) hours cost
manufacturers) respondent) (rounded) (seconds) (rounded) (rounded)
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45 72,000 10 200 $32.18 $6,500 9,100 $292,838
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Estimated Total Annual Burden Cost: $1,137,500.
The total annual cost to the respondents is estimated to be
$1,137,500. NHTSA estimates that the printing and material cost per
helmet is $0.35. The total annual cost to respondents is calculated by
multiplying the printing and material cost ($0.35) by the estimated
3,250,000 responses (helmets produced) per year ($0.35 x 3,250,000).
The total estimated annual burden costs are detailed in the table
below:

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Number of helmets Annual printing and Estimated total annual
Number of respondents produced annually per Printing and material material cost per Total number of helmets printing and material
(helmet manufacturers) respondent (rounded) cost per helmet manufacturer (rounded) produced annually costs
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45 72,000 $0.35 $25,200.00 3,250,000 $1,137,500.00
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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.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2021-09985 Filed 5-11-21; 8:45 am]
BILLING CODE 4910-59-P