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| Publication: Federal Register
Signing Official: Raymond R. Posten Agency: National Highway Traffic Safety Administration Date: 12 January 2022 |
[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1829-1832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00371]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0094]
Agency Information Collection Activities; Notice and Request for
Comments; Exemption for the Make Inoperative Prohibition To Accommodate
People With Disabilities
AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).
ACTION: Notice and request for comments on a request for 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 reinstatement of 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 a collection of information for which NHTSA intends
[[Page 1830]]
to seek OMB approval on the information collections related to
aftermarket modification of vehicles to accommodate people with
disabilities.
DATES: Comments must be submitted on or before March 14, 2022.
ADDRESSES: You may submit comments identified by the Docket No. NHTSA-
2021-0094 through any of the following methods:
Electronic submissions: Go to the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments.
Fax: (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. To be sure someone is there to help
you, please call (202) 366-9322 before coming.
Instructions: All submissions must include the agency name and
docket number for this notice. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
Privacy Act: Anyone can 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 to read background documents or
comments received, go to https://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets via internet.
FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Gunyoung Lee, Office of Rulemaking
(NRM230), 202-366-6005, Room W43-463, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, 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;
and (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: Exemption for the Make Inoperative Prohibition to
Accommodate People With Disabilities.
OMB Control Number: 2127-0635.
Form Number: This collection of information uses no standard form.
Type of Request: Reinstatement of a previously approved collection
of information.
Type of Review Requested: Regular.
Requested Expiration Date of Approval: 3 years from date of
approval.
Summary of the Collection of Information:
The National Traffic and Motor Vehicle Safety Act (49 U.S.C.
Chapter 301) authorizes NHTSA to issue Federal motor vehicle safety
standards (FMVSS) applicable to new motor vehicle and new items of
motor vehicle equipment. In addition to regulating the manufacture and
sale of new motor vehicles and items of motor vehicle equipment, the
act also prohibits certain regulated entities from knowingly making
inoperative a part of a device or element of design installed on or in
a motor vehicle or motor vehicle in compliance with an applicable FMVSS
(49 U.S.C. 30122). The statute authorizes the Secretary of
Transportation (NHTSA) to prescribe regulations to exempt a regulated
entity from the make inoperative provision if such an exemption is
consistent with motor vehicle safety (49 U.S.C. 30122(c)(1)).
On February 27, 2001, NHTSA published a final rule (66 FR 12638) to
facilitate the modification of motor vehicles so that persons with
disabilities can drive or ride in them as passengers. In that final
rule, the agency issued a limited exemption from a statutory provision
that prohibits specified types of commercial entities from either
removing safety equipment or features installed on motor vehicles
pursuant to the Federal motor vehicle safety standards or altering the
equipment or features to adversely affect their performance. The
exemption is limited in that it allows repair businesses to modify only
certain types of FMVSS-required safety equipment and features, under
specified circumstances. The regulation is found at 49 CFR part 595
subpart C, ``Vehicle Modifications to Accommodate People with
Disabilities.'' The regulation includes three collections of
information: (1) A requirement for modifiers to submit identification
information to NHTSA; (2) a requirement for modifiers to provide a
document to the owner of the modified vehicle stating the exemptions
used for that vehicle and any reduction in load carrying capacity of
the vehicle of more than 100 kg (220 lbs); and (3) a requirement for
modifiers to retain a copy of the information provide to the owner of
the modified vehicle for five years.
Description of the Need for the Information and Proposed Use of the
Information
Commercial entities that modify vehicles after the first retail
sale and wish to use the exemptions offered under this rule are
required to provide NHTSA with their identification information. The
registration involves a one-time submission using NHTSA's online
Manufacturer Portal \1\ containing only the name, address, and
telephone number of the modifier and a prescribed statement that they
will modify vehicles for persons with disabilities and intend to avail
themselves of the exemptions. Any changes in the identification
information must be conveyed to the agency within 30 days. This
information will be used by the agency to track entities involved in
vehicle modification for persons with disabilities and is available to
the public on NHTSA's website.
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\1\ NHTSA's Manufacturer's Portal is found at https://vpic.nhtsa.dot.gov/mfrportal/.
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Modifiers must also provide each customer whose vehicle
modification involves the use of the make inoperative
[[Page 1831]]
exemptions with a list of the exemptions used in the process of
modifying that vehicle.\2\ The simplest form of this document is an
annotated invoice. No specific or special forms are required. A copy of
this document must also be retained by the modifier for five years.
This document will be used by the consumer to understand the
modifications made to his/her vehicle and their effect on vehicle
safety. It may be requested by NHTSA in the event of an inquiry about
the safety of the modified vehicles.
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\2\ 49 CFR 595.7(b) and (e).
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Affected Public: Motor vehicle repair business.
Estimated Number of Respondents: 765.
For this estimate, NHTSA assumed that there are 900 businesses
making vehicle modifications for people with disabilities, and 85
percent of these (i.e., 765 businesses) will elect to use the
exemptions available under the rule.
Frequency: On occasion (e.g., a customer demands a vehicle
modification to accommodate people with disabilities, or a company
decides to become an adaptive vehicle modification business or changes
its identification information).
Estimated Total Annual Burden Hours: 1,432.
This ICR is for three information collections. We estimate the
total burden hours for this ICR to be 1,432. The burden hours for the
three information collections were calculated as follows:
Information Collection 1: Requirement To Submit Identification
Information to NHTSA To Use the Exemptions
NHTSA estimates that compiling and submitting the identification
information will take approximately 10 minutes. NHTSA estimates that
there are approximately 900 businesses making vehicle modifications for
persons with disabilities in the United States and that 85 percent of
these, or 765 businesses, will elect to use the exemptions available
under the rule. After the initial registration (which occurred in
2001), NHTSA estimates that 90 businesses will either need to change
their information or become new registrants who elect to use the
exemptions each year. Therefore, NHTSA estimates the total burden hours
associated with submitting new or updated identification information is
15 hours (90 business x 10 minutes).
To calculate the labor cost associated with submitting modifier
identification information, NHTSA looked at wage estimates for the type
of personnel involved with compiling and submitting the information.
The Bureau of Labor Statistics (BLS) estimates that the average hourly
wage for ``General Office Clerks'' (BLS Occupation code 43-9061) is
$16.98.\3\ The Bureau of Labor Statistics estimates that private
industry workers' wages represent 70.4% of total labor compensation
costs.\4\ Therefore, NHTSA estimates the hourly labor costs to be
$24.12for ``General Office Clerks'' (BLS Occupation code 43-9061).
NHTSA estimates the total labor cost associated with the 15 burden
hours (for submitting modifier identification by ``office clerks'') to
be approximately $362. (15 x $24.12 = $361.80.)
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\3\ See May 2020 National Occupational Employment and Wage
Estimates, United States, available at https://www.bls.gov/oes/current/oes_nat.htm.
\4\ See Table 1. Employer Costs for Employee Compensation by
ownership (Mar. 2021), available at https://www.bls.gov/news.release/ecec.t01.htm.
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Information Collection 2: Requirement To Provide a Document to the
Owner of the Modified Vehicle
The second information collection in part 595 is the requirement to
provide a disclosure to the vehicle owner. This disclosure is made with
each vehicle modified using exemptions under part 595. In the final
rule, we anticipated that the least costly way for a repair business to
comply with this portion of the new rule would be to annotate the
vehicle modification invoice as to the exemption, if any, involved with
each item on the invoice. The cost of preparing the invoice is not a
portion of our burden calculation, as that preparation would be done in
the normal course of business. Additionally, NHTSA's burden estimate
does not include an estimate for the time to gather the information
required for the disclosure as it is assumed that this information
would be gathered in the normal course of vehicle modification.
Instead, NHTSA estimates that the only extra burden would be incurred
for calculation of the reduction in loading-carrying capacity and
annotating the information on the invoice. NHTSA estimates the time
needed to annotate the invoice is 20 minutes. NHTSA estimates that
there are approximately 4,250 vehicles modified under exemptions
provided by 49 CFR 595.7 each year. Therefore, NHTSA estimates the
total burden associated with providing disclosures to vehicle owners is
1,417 hours (20 minutes x 4,250 vehicles = 1,416.67 hours).
To calculate the labor cost associated with the 1,417 burden hours
for the disclosure document requirement, NHTSA looked at the average
hourly wage for ``Mechanical Engineering Technicians'' (BLS Occupation
code 17-3027). With the BLS's average hourly wage of $28.00 (which
represents 70.4% of total compensation according to the Bureau of Labor
Statistics), NHTSA estimates the hourly labor costs to be $39.78 for
``Mechanical Engineering Technicians (BLS Occupation code 17-3027).
Therefore, NHTSA estimates the total labor cost associated with the
1,417 burden hours (for providing disclosure documents to vehicle
owners by ``engineering technicians'') to be $56,368 (1,417 x $39.78 =
$56,368.28).
Information Collection 3: Retaining a Copy of the Document Provided to
Vehicle Owners
NHTSA estimates that there are no additional burden hours
associated with the requirement to retain a copy of the disclosures
provided to vehicle owners. Accordingly, there are also no labor costs
associated with this requirement.
Table 1 provides a summary of the estimated burden hours and labor
costs associated with this collection of information request.
Table 1--Burden Estimates
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Annual Average
submissions or Estimated burden per hourly labor Labor cost per Total burden Total labor
responses submission cost submission hours costs
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Modifier identification.................. 90 10 minutes $24.12 $4.02 15 $362
Disclosure document (to vehicle owners).. 4,250 20 minutes 39.78 13.26 1,417 56,368
Retention of a copy of document provided 4,250 0 minutes N/A $0.00 0 0.00
to vehicle owner.
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[[Page 1832]]
Annual total burden hours & labor .............. ............................. .............. .............. 1,432 56,730
costs.
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Estimated Total Annual Burden Cost:
NHTSA estimates that there are no additional costs associated with
this information collection request. There will be no additional
material cost associated with complying with this requirement because
no additional materials need to be used except those used to prepare
the invoice in the normal course of business. We are assuming that it
is normal and customary in the course of vehicle modification business
to prepare an invoice, to provide a copy of the invoice to the vehicle
owner, and to keep a copy of the invoice for five years after the
vehicle is delivered to the owner in finished form.
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. 2022-00371 Filed 1-11-22; 8:45 am]
BILLING CODE 4910-59-P