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Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Compliance Labeling Warning Devices Publication: Federal Register Signing Official: Raymond R. Posten Agency: National Highway Traffic Safety Administration Date: 14 October 2022 Topic: Federal Motor Vehicle Safety Standards 
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[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Notices]
[Pages 62496-62498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22297]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2022-0034]
Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Compliance
Labeling Warning Devices
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for public comment on the reinstatement of a
previously approved collection of information.
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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Request (ICR)
summarized below, regarding the reinstatement of a previously approved
collection of information on Federal Motor vehicle Safety Standard
(FMVSS) No. 125, will be submitted to the Office of Management and
Budget for review and approval. The ICR describes the labeling
requirement for warning devices and its expected burden. A Federal
Register Notice with a 60-day comment period soliciting comments on the
following information collection was published on May 3, 2022. No
comments were received.
DATES: Comments must be submitted on or before November 14, 2022.
ADDRESSES: Written comments and recommendations for the proposed
information collection, including suggestions for reducing burden,
should be submitted to the Office of Management and Budget at
www.reginfo.gov/public/do/PRAMain. To find this particular information
collection, select ``Currently under Review--Open for Public Comment''
or use the search function.
FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Toyoaki Nogami, Office of Crash
Avoidance Standards, National Highway Traffic Safety Administration,
West Building--4th Floor--Room W43-462, 1200 New Jersey Avenue SE,
Washington, DC 20590. He can be reached at (202) 366-1810. Please
identify the relevant collection of information by referring to its OMB
Control Number.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), a
Federal agency must receive approval from the Office of Management and
Budget (OMB) before it collects certain information from the public and
a person is not required to respond to a collection of information by a
Federal agency unless the collection displays a valid OMB control
number. In compliance with these requirements, this notice announces
that the following information collection request will be submitted
OMB.
A Federal Register notice with a 60-day comment period soliciting
public comments on the following information collection was published
on May 3, 2022 (87 FR 26253).
Title: 49 CFR 571.125. Standard No. 125; Warning devices,
Compliance Labeling of Warning Devices.
OMB Control Number: 2127-0506.
Type of Request: Reinstatement of a previously approved
information.
Type of Review Requested: Regular.
Length of Approval Requested: Three years from date of approval.
Summary of the Collection of Information: The National Traffic and
Motor Vehicle Safety Act of 1966, 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. 49
U.S.C. 30115 (https://www.govinfo.gov/link/uscode/49/30115) requires
manufacturers of motor vehicles or motor vehicle equipment to certify
that the vehicle or equipment complies with applicable motor vehicle
safety standards prescribed under this chapter. Section 30115 further
specifies that certification of equipment may be shown by a label or
tag on the equipment or on the outside of the container in which the
equipment is delivered to certify that items of motor vehicle equipment
subject to FMVSS comply with all applicable standards. Further, the
Secretary (NHTSA by delegation) is authorized, at 49 U.S.C. 30117
(https://www.govinfo.gov/link/uscode/49/30117), 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.
Federal Motor Vehicle Safety Standard (FMVSS) No. 125, ``Warning
devices'' specifies requirements for devices, without self-containing
energy sources, that are designed to be carried in buses and trucks
with a Gross Vehicle Weight Rating (GVWR) greater than 10,000 pounds,
although they can be carried in other vehicles. These devices are used
to warn approaching traffic of the presence of a stopped vehicle. This
requirement does not apply to devices designed to be permanently
affixed to the vehicle. The purpose of the standard is to reduce deaths
and injuries due to rear end collisions between moving traffic and
disabled vehicles. To ensure that the warning devices provide effective
warnings to approaching traffic of the presence of a stopped vehicle,
the standard sets forth specific requirements for the chromaticity of
the reflex reflective material and fluorescent material affixed to both
faces of the device.
In addition to performance requirements, the FMVSS No. 125 requires
manufacturers to permanently and legibly mark their warning devices
with (a) the manufacturer's name, (b) the month and year of
manufacture, and (c) the symbol DOT, or the statement that the warning
device complies with all applicable FMVSS. Manufacturers must also
provide, with each warning device they manufacture, instructions
printed or attached to the device in a manner that cannot easily be
removed, for the operator to understand its erection and placement and
a recommendation that the driver activate the vehicle hazard warning
signal lamps before leaving the vehicle.
Since the last notice, the total burden hours were revised from one
hour to three hours based on the number of respondents and required
reporting tasks. The total annual cost burden was
[[Page 62497]]
revised from $26 to $4,075, and the number of responses increased from
2.85 million to 4.31 million based on the number of trucks registered
in the United States. In addition, maintenance and materials costs were
updated.
Description of the Need for the Information and Proposed Use of the
Information: Manufacturers of warning devices are required to certify
that their products meet the requirements of FMVSS No. 125. Without the
identification information provided by the certification, NHTSA would
be unable to identify the manufacturer of equipment that fails to meet
the minimum performance for reflectivity and ability to withstand
environmental conditions consistent with roadsides on which they are to
be used. The instruction labeling also serves the safety purpose of
FMVSS No. 125 by providing important information to operators, thereby
increasing the likelihood of correct usage. Without labeling and
instructions, a driver may not properly erect or place the warning
devices in a manner that reduces the risk of rear end crashes with
disabled vehicles. Federal Motor Carriers Safety Administration (FMCSA)
also requires the placement of warning devices around buses and trucks
that have a Gross Vehicle Weight Rating (GVWR) greater than 10,000
pounds, for warning to approaching traffic when they are disabled on a
highway or shoulder. The labeling requirement assists FMCSA enforcement
with the ability to verify that warning devices being used in
commercial motor vehicles meet the minimum performance levels for
safety.
Affected Public: Manufacturers of warning devices.
Estimated Number of Respondents: 3.
The respondents are likely to be manufacturers of warning devices.
The agency estimates that currently there are three manufacturers
producing warning devices for use in motor vehicles.
Frequency: As needed.
Number of Responses: 4,3200,000.
Estimated Total Annual Burden Hours: 3 hours.
NHTSA was able to identify three manufacturers of warning devices.
NHTSA estimates there are approximately 4.32 million labels affixed to
warning devices each year.
This is based on the total number of truck tractors and other
medium- and heavy-duty trucks registrations, which was 14,369,339 in
2019.\1\ NHTSA estimates that 1 out of 10 trucks requires a new set of
warning devices each year or, approximately 1.44 million (1,436,934 or
rounded to 1.44 million), and each warning device requires three
labels. Accordingly, NHTSA estimates that the three respondents produce
4.32 million labels each year, for an annual average of 1.44 million
labels per respondent. Because the labels are molded onto the warning
devices and cases, NHTSA estimates that the only time burden associated
with this collection is time required to log the production of the
molding presses in a highly-automated production process, which NHTSA
estimates will take each manufacturer 1 hour per year. Accordingly,
NHTSA estimates the total burden for this collection to be 3 hours (3
respondents x 1 hour). Using the estimate from the Bureau of Labor
Statistics (BLS) for the average hourly compensation for Molders and
Molding Machine Setters, Operators, and Tenders, Metal and Plastic (BLS
Occupation code 51-4070) in the Motor Vehicle Manufacturing Industry,
NHTSA estimate the loaded labor cost is $34.67 per hour.\2\ Thus, the
total labor cost associated with the burden hours is $104.01 for all
responses generated by all 3 respondents together. Table 1 provides a
summary of the estimated burden hours and labor costs associated with
those submissions.
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\1\ Bureau of Transportation Statistics, Table titled ``Number
of U.S. Truck Registrations by Type [verbar] Bureau of
Transportation Statistics,'' https://www.bts.gov/browse-statistical-products-and-data/national-transportation-statistics/number-us-truck.
\2\ The hourly wage is estimated to be $24.48 per hour. National
Industry-Specific Occupational Employment and Wage Estimates NAICS
336100--Motor Vehicle Manufacturing, May 2020, https://www.bls.gov/oes/current/naics4_336100.htm#51-0000, last accessed November 5,
2021. The Bureau of Labor Statistics estimates that wages represent
70.6 percent of total compensation to private workers, on average.
Bureau of Labor Statistics. Employer Costs for Employee
Compensation--June 2021. https://www.bls.gov/news.release/ecec.t04.htm, last accessed November 5, 2021. Therefore, NHTSA
estimates the total hourly compensation cost to be $34.67.
Table 1--Summary of Burden Hours and Associated Labor Costs
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Estimated
annual hour Average hourly Annual labor Total annual Total annual
Number of respondents burden per labor cost cost per burden hours labor costs
respondent respondent
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3.................................................................. 1 hour $34.67 \2\ $34.67 3 $104.01
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Estimated Total Annual Burden Cost: $4,075 per year.
NHTSA estimates that the total annual cost to respondents is
$4,075.00, or $.00094 per response ($4,075 / 4.32 million labels). This
cost is comprised of the annualized cost of depreciation of purchase
and modification of the equipment required for molding the labels onto
the warning devices and cases and the annual cost of materials required
for the labeling.
The initial cost to the respondents was based on estimated costs
for modifying the die-mold such that it creates the label during normal
production. The cost to manufacturers of the label requirement is the
amortization of the die mold modification and the additional material
consumed. The labels are to be placed on every warning device
manufactured. The labels are produced during the normal course of
steady flow manufacturing operation without a direct time penalty. The
sole method used for producing the label is a process by which the
required information is molded into the parts and/or cases directly.
The cost of modifying a die mold to include the required information is
estimated to be $10,000 per mold. The typical life of a die-mold of
this type is 30 years, for a straight-line depreciation of the molds
($10,000 divided by 30) equal to $333.33 per mold. Part of the required
information is included on the molds that create the warning devices,
while the remaining information (instructions) is included within the
molds that create the cases that are supplied with the warning devices.
Each of the three manufacturers is estimated to have 2 warning device
molds and 2 case molds for a total of 12 molds. Accordingly, NHTSA
estimates the total cost for equipment to be $4,000 per year (($333.33
x 4 molds) x 3 respondents = $4,000).
The additional material required to produce the instructions is
expected to be very small because the engraving depth is approximately
0.1 mm with a text width of 0.5 mm and a length of 300
[[Page 62498]]
mm, resulting in a volume of material of 1.5 mm\3\ per warning device,
or 6,480,000 mm\3\ per year (1.5 x 4.32 million devices). The price of
polypropylene is estimated at $1,100 per ton with a density of 0.95 g/
cm\3\ (1.0472 x 10-8 tons/mm\3\). The total material price is thus
estimated to be $74.64 ((1.0472 x 10-8 tons/mm\3\) x $1,100 x 6,480,000
mm\3\) per year, rounded to $75 per year.
Table 2--Summary of Costs
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Estimated Total annual
annual Number of Annual cost Number of cost burden
depreciation molds per per respondents all
cost per mold respondent respondent respondents
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Die Mold Cost................... $333.33 4 $1,333.33 3 $4,000.00
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Annual number Annual number Annual cost Number of Total annual
of labels (m) of labels per per respondent respondents cost burden
respondent (m) all
respondents
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Material Cost................... 4.32 1.44 25.00 3 75.00
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Total Costs................. .............. .............. 1,358.33 .............. 4,075.00
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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 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) 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 appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
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. 2022-22297 Filed 10-13-22; 8:45 am]
BILLING CODE 4910-59-P