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Agency Information Collection Activities; Notice and Request for Comment; Reporting of Information and Documents About Potential Defects Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Eileen Sullivan Date: 20 September 2024 Subject: American Government  , Safety
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[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Notices]
[Pages 77228-77236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21509]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2024-0055]
Agency Information Collection Activities; Notice and Request for
Comment; Reporting of Information and Documents About Potential Defects
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for comments on an extension without change
of a currently approved collection of information.
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SUMMARY: NHTSA invites public comments about our intention to request
approval from the Office of Management and Budget (OMB) for an
extension without change of a currently 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 to seek OMB approval on the
reporting of information and documents about potential safety defects.
DATES: Comments must be submitted on or before November 19, 2024.
ADDRESSES: You may submit comments identified by the Docket No. NHTSA-
2024-0055 through any of the following methods:
Electronic Submissions: Go to the Federal eRulemaking
Portal at http://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.
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 http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
Privacy Act: Anyone can search for 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 http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets via the internet.
FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Jeff Quandt, Trends Analysis Division
(NEF-108), Room W48-312, National Highway Traffic Safety
Administration, 1200 New Jersey Ave., Washington, DC 20590. Telephone
(202) 366-5207. 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
[[Page 77229]]
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: Reporting of Information and Documents About Potential
Defects.
OMB Control: 2127-0616.
Type of Request: Extension without change of a currently approved
information collection.
Type of Review Requested: Regular.
Requested Expiration Date of Approval: 3 years from date of
approval.
Summary of the Collection of Information: This notice requests
comment on NHTSA's intention to seek approval from OMB to extend
without change a currently approved collection of information, OMB No.
2127-0616, covering requirements in 49 CFR 579, Reporting of
Information and Communications about Potential Defects. Part 579
implements, and addresses with more specificity, requirements from the
Transportation Recall Enhancement Accountability and Documentation
(TREAD) Act (Pub. L. 106-414), which was enacted on November 1, 2000,
and is codified at 49 U.S.C. 30166.
The purpose of part 579 is to enhance motor vehicle safety by
specifying information and documents that manufacturers of motor
vehicles and motor vehicle equipment must provide to NHTSA concerning
possible safety-related defects and non-compliances in their products,
including the reporting of safety recalls and other safety campaigns
the manufacturers conduct outside the United States. Under part 579,
there are three categories of reporting requirements: (1) Requirements
at Sec. 579.5 to submit notices, bulletins, customer satisfaction
campaigns, consumer advisories, and other communications (found in
subpart A of part 579); (2) requirements at Sec. 579.11 to submit
information related to safety recalls and other safety campaigns in the
foreign countries (found in subpart B of part 579); and (3)
requirements at Sec. Sec. 579.21-28 to submit Early Warning
Information (found in subpart C of part 579). The Early Warning
Reporting (EWR) requirements (U.S.C. 30166(m); 49 CFR part 579, subpart
C) specify that manufacturers of motor vehicles and motor vehicle
equipment must submit to NHTSA information periodically or upon NHTSA's
request, that includes claims or notices for incidents involving death
or injury; numbers of property damage claims, consumer complaints,
warranty claims, and field reports; copies of field reports; and other
information that may 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 to
NHTSA.
Description of the Need for the Information and Proposed Use of the
Information: The information required under 49 U.S.C. 30166 and 49 CFR
part 579 is used by NHTSA to promptly identify potential safety-related
defects in motor vehicles and motor vehicle equipment in the United
States. When a trend in incidents arising from a potentially safety-
related defect is discovered, NHTSA relies on this information, along
with other agency data, to determine whether to open a defect
investigation.
Affected Public: Manufacturers of motor vehicles and motor vehicle
equipment.
Estimated Number of Respondents: NHTSA receives part 579
submissions from approximately 297 manufacturers per year. We estimate
that there will be a total of 297 respondents per year to this
extension of the OMB No. 2127-0616, instead of the previously estimated
337 respondents per year.
Estimated Total Annual Burden Hours: When this approved information
collection was last renewed in April 2022, NHTSA estimated the annual
burden associated with this collection to be 53,810 burden hours. NHTSA
is updating these estimates to better align with the current volume of
submissions. NHTSA now estimates the annual burden hours associated
with this collection to be 54,088 hours based on analysis of EWR
reporting data from the 2021 through 2023 reporting years.
NHTSA estimated the burdens associated with this collection by
calculating the burden associated with submitting information under
each subpart of part 579. In addition to these burdens, NHTSA also
estimates that manufacturers will incur computer maintenance burden
hours, which are estimated on a per manufacturer basis.
Requirements Under Part 579, Subpart A
The first component of this collection request covers the
requirements found in part 579 subpart A, Sec. 579.5, Notices,
bulletins, customer satisfaction campaigns, consumer advisories, and
other communications. Section 579.5 requires manufacturers to furnish
(1) a copy of all notices, bulletins, and other communications sent to
more than one manufacturer, distributor, dealer, lessor, lessee, owner,
or purchaser, in the United States, regarding any defect in its
vehicles or items of equipment (including any failure of malfunction
beyond normal deterioration in use, or any failure of performance, or
any flaw or unintended deviation from design specifications), whether
or not such defect is safety-related and (2) a copy of each
communication relating to a customer satisfaction campaign, consumer
advisory, recall, or other safety activity involving the repair or
replacement of motor vehicles or equipment, that the manufacturer
issued to, or made available to, more than one dealer, distributor,
lessor, lessee, other manufacturer, owner, or purchaser, in the United
States. Manufacturers are required to submit these documents monthly.
Section 579.5 does not require manufacturers to create these documents.
Instead, only copies of these documents must be submitted to NHTSA, and
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. Therefore, the burden hours are only those associated with
collecting the documents and submitting copies to NHTSA.
NHTSA estimates that it receives approximately 17,615 notices a
year. We estimate that it takes about 5 minutes to collect, index, and
submit each notice to NHTSA. Therefore, we estimate that it takes 1,468
hours for manufacturers to submit notices as required under Section
579.5 (17,615 notices x 5 minutes = 88,075 minutes or 1,468 hours).
To calculate the labor cost associated with submitting Section
579.5 notices, bulletins, customer satisfaction campaigns, consumer
advisories and other communications that are sent to more than one
dealer or owner, NHTSA looked at wage estimates for the type of
personnel submitting the documents. While some manufacturers employ
clerical staff to collect and submit the documents, others use
technical computer support staff to complete the task. Because we do
not know what percent of the work is completed by clerical or technical
computer support staff, NHTSA estimates the total labor costs
associated with these burden hours by looking at the average wage for
the higher-paid technical computer
[[Page 77230]]
support staff. The Bureau of Labor Statistics (BLS) estimates that the
average hourly wage for Computer Support Specialists (BLS Occupation
code 15-1230) in the Motor Vehicle Manufacturing Industry is $37.62.\1\
The Bureau of Labor Statistics estimated that private industry workers'
wages represented 70.4 percent of employer costs for employee
compensation in December 2023 (ECEC adjustment).\2\ Based on the BLS
average hourly wage and ECEC adjustment factor, NHTSA estimates the
hourly labor costs to be $53.44 for Computer Support Specialists
($37.62 / 0.704 = $53.44). The incremental labor cost per submission is
estimated to be $4.45 ($53.44 per hour x 5 minutes). NHTSA estimates
the total labor cost associated with the 1,468 burden hours for Sec.
579.5 submissions to be $78,387 ($4.45 x 17,615 submissions). Table 1
provides a summary of the burden estimates using the average annual
submission count for monthly reports submitted pursuant to Sec. 579.5
and the estimated burden hours and labor costs associated with those
submissions. The average number of annual submissions under Sec. 579.5
decreased by approximately 29 percent from the currently approved
information collection, dropping from 24,884 to 17,615 manufacturer
communication submissions. The incremental cost per submission rose
from $3.73 to $4.45, a 19 percent increase. The annual burden hours
dropped from 2,074 to 1,468, matching the 29 percent drop in
submissions. The annual labor costs dropped from $92,817 to $78,387, a
16 percent decrease with the reduction in submissions partially offset
by the increased labor cost per submission.
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\1\ May 2023 National Industry-Specific Wage Estimates--Motor
Vehicle Manufacturing, U.S. Bureau of Labor Statistics, Computer
Support Analyst (Code 15-1230), $37.62, https://www.bls.gov/oes/2023/may/naics4_336100.htm#15-0000, divided by 70.4 percent for
total employer costs for employee compensation, https://www.bls.gov/news.release/archives/ecec_03132024.pdf. Last Accessed August 12,
2024.
\2\ March 2024 News Release--Employer Costs for Employee
Compensation--December 2023, U.S. Bureau of Labor Statistics. Last
Accessed August 12, 2024.
Table 1--Burden Estimate for Sec. 579.5 Submissions
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Estimated burden
Average annual Sec. 579.5 submissions per submission Average hourly Labor cost per Total burden Total labor costs
(minutes) labor cost submission hours
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17,615......................................... 5 $53.44 $4.45 1,468 $78,386.75 or $78,387.
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Requirements Under Part 579, Subpart B (Foreign Reporting)
The second component of this information collection request covers
the requirements found in part 579 subpart B, ``Reporting of Safety
Recalls and Other Safety Campaigns in Foreign Countries.'' Pursuant to
Sec. 579.11, whenever a manufacturer determines to conduct a safety
recall or other safety campaign in a foreign country, or whenever a
foreign government has determined that a safety recall or other safety
campaign must be conducted, covering a motor vehicle, item of motor
vehicle equipment, or tire that is identical or substantially similar
to a vehicle, item of equipment, or tire sold or offered for sale in
the United States, the manufacturer must report to NHTSA not later than
5 working days after the manufacturer makes such determination or
receives written notification of the foreign government's
determination. Section 579.11(e) also requires each manufacturer of
motor vehicles to submit, not later than November 1 of each year, a
document that identifies foreign products and their domestic
counterparts.
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 there is no burden associated with determining
whether an individual safety recall covers a foreign motor vehicle or
item of motor vehicle equipment that is identical or substantially
similar to those sold in the United States because manufacturers can
simply consult the list that they are required to submit each year.
Therefore, the only burden associated with determining whether a
foreign safety recall or other safety campaign is required to be
reported to NHTSA is the burden associated with creating the annual
list. NHTSA continues to estimate that it takes approximately 9 hours
per manufacturer to develop and submit the list. The 9 hours are
comprised of 8 attorney hours and 1 hour for IT work. NHTSA receives
these lists from 99 manufacturers, on average, resulting in 891 burden
hours (99 vehicle manufacturers x 8 hours for attorney support = 792
hours) + (99 vehicle manufacturers x 1 hour for IT support = 99 hours).
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 2021 and 2023 NHTSA
received a yearly average of 262 foreign campaign reports. NHTSA
estimates that in each of the next three years, NHTSA will receive, on
average, 262 foreign recall reports. NHTSA estimates that each report
will take 3 hours (1 hour to prepare by a clerical employee and 2 hours
for translation). Therefore, NHTSA estimates that the burden hours
associated with submitting these reports will be 786 hours (3 hours per
report x 262 reports).
Therefore, NHTSA estimates the total annual burden hours for
reporting foreign campaigns and substantially similar vehicles is 1,677
hours (891 hours for submitting annual lists + 786 hours for submitting
foreign recall and safety campaign reports). This is an increase of 87
burden hours from our previous estimate (1,677 hours for the current
estimate--1,590 hours for the previous estimate). Table 2 provides a
summary of the estimated burden hours for Part 579 Subpart B
submissions.
[[Page 77231]]
Table 2--Burden Hour Estimates for Foreign Reporting
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Annual number Total burden
Submission type of submissions Burden hours per report hours
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Foreign Campaign Report....................... 262 1 hour clerical + 2 hours 786
translation = 3 hours.
Annual List................................... 99 8 hours attorney + 1 hour IT = 9 891
hours.
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Total..................................... .............. ................................ 1,677
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To calculate the labor cost associated with Part 579 foreign
reporting submissions, NHTSA looked at wage estimates for the type of
personnel submitting the documents. As stated above, NHTSA estimates
that submitting annual lists under Sec. 579.11(e) will involve 8 hours
of attorney time and 1 hour of IT work. The average hourly wage for
Lawyers (BLS Occupation code 23-1000) in the Motor Vehicle
Manufacturing Industry is $112.21.\3\ After applying the 70.4 percent
ECEC adjustment, NHTSA estimates the hourly labor costs for
manufacturers to be $159.39 for Lawyers. The ECEC adjusted hourly cost
for Computer Support Specialists (BLS Occupation code 15-1230) in the
Motor Vehicle Manufacturing Industry is $53.44 as reviewed in the
discussion of Table 1 data in the Subpart A reporting burden analysis.
NHTSA estimates the incremental labor cost associated with submitting
each annual list to be $1,328.56 or $1,329 ($159.39 per hour x 8
attorney hours + $53.44 per hour x 1 IT hour), resulting in an
estimated annual labor cost of $131,527 for submitting all 99 annual
lists each year.
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\3\ May 2023 National Industry-Specific Wage Estimates,--Motor
Vehicle Manufacturing, U.S. Bureau of Labor Statistics, Lawyers
(Code 23-1011), $112.21, https://www.bls.gov/oes/2023/may/naics4_336100.htm#23-0000, divided by 70.4 percent for total
employer costs for employee compensation, https://www.bls.gov/news.release/archives/ecec_03132024.pdf. Last Accessed August 12,
2024.
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NHTSA estimates that submitting each foreign recall or safety
campaign report involves 1 hour of clerical work and 2 hours of
translation work. The average hourly wage for Office Clerks (BLS
Occupation code 43-9061) in the Motor Vehicle Manufacturing Industry is
$26.65 \4\ and the average hourly wage for Interpreters and Translators
(BLS Occupation code 27-3091) is $30.33.\5\ Therefore, NHTSA estimates
the ECEC adjusted hourly labor costs to be $37.86 for Office Clerks and
$43.08 for Interpreters and Translators. NHTSA estimates the total
labor cost associated with submitting one foreign recall or safety
campaign report to be $124.02 or $124 ($37.86 per hour x 1 Clerical
hour + $43.08 per hour x 2 Translator hours) and $32,493.24 or $32,493
for all 262 foreign recall or safety campaign reports NHTSA estimates
will be submitted annually.
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\4\ May 2023 National Industry-Specific Wage Estimates--Motor
Vehicle Manufacturing, U.S. Bureau of Labor Statistics, Office
Clerks (Code 43-9061), $26.65, https://www.bls.gov/oes/2023/may/naics4_336100.htm#43-0000, divided by 70.4 percent for total
employer costs for employee compensation, https://www.bls.gov/news.release/archives/ecec_03132024.pdf. Last Accessed August 12,
2024.
\5\ May 2023 National Occupational Employment and Wage Estimates
United States, U.S. Bureau of Labor Statistics, Interpreters and
Translators (Code 27-3091), $30.33, https://www.bls.gov/oes/2023/may/oes273091.htm, divided by 70.4 percent for total employer costs
for employee compensation, https://www.bls.gov/news.release/archives/ecec_03132024.pdf. Last Accessed August 12, 2024.
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Table 3 provides a summary of the labor costs associated with the
foreign reporting requirements in part 579, subpart B. NHTSA estimates
that the total labor costs associated with the annual list requirement
and the requirement to report foreign recalls and safety campaigns is
$164,020.68 or $164,021 ($131,527.44 + $32,493.24).
Table 3--Annual Labor Cost Estimates for Foreign Reporting
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Submission type and labor Hours per Hourly labor Labor cost per Number of Total labor
category submission cost submission submissions cost
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Annual List-Lawyer.............. 8 $159.39 $1,275.12 99 $126,236.88
Annual List-Computer Specialist. 1 53.44 53.44 99 5,290.56
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Totals for Annual List...... 9 .............. 1,328.56 .............. 131,527.44
Foreign Campaign Report-Clerical 1 37.86 37.86 262 9,919.32
Foreign Campaign Report- 2 43.08 86.16 262 22,573.92
Translator.....................
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Totals for Foreign Campaign 3 .............. 124.02 .............. 32,493.24
Report.....................
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Total Labor Costs for .............. .............. .............. .............. 164,020.68
Part 579 Subpart B or 164,021
Requirements...........
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Requirements Under Part 579, Subpart C, Reporting of Early Warning
Information
The third component of this information collection covers the
requirements found in part 579 subpart C, ``Reporting of Early Warning
Information.'' Besides production information, there are five major
categories requiring reporting of incidents or claims in Subpart C,
with the specific requirements and applicability of those categories
varying by vehicle and equipment type and, in some circumstances,
manufacturer volume. Sections 579.21-27 require manufacturers to submit
the following:
(1) Production information; (2) reports on incidents involving
death or injury in the United States that are identified in claims or
notices alleging that the death or injury was caused by a possible
defect; (3) reports on incidents identified in a claim against a
manufacturer that involve one or more deaths in a foreign country and
involve
[[Page 77232]]
a vehicle or item of equipment that is identical or substantially
similar to a vehicle or item of equipment that is offered for sale in
the United States; (4) separate reports on the number of property
damage claims, consumer complaints, warranty claims, and field reports
that involve a specified system or event; (5) copies of field reports;
and, for manufacturers of tires, (6) a list of common green tires
(applicable to only tire manufacturers). Section 579.28(l) allows NHTSA
to request additional information to help identify a defect related to
motor vehicle safety. The regulation specifies the time frame for
reporting for each category. Foreign recalls of substantially similar
vehicles and manufacturer communications are required to be submitted
monthly, substantially similar vehicle listings are required annually,
and all other report types are required to be submitted every quarter.
Quarterly Reporting
Manufacturers are required to report specific information to NHTSA
every quarter. Manufacturers are required to submit production
information,\6\ non-dealer field reports, aggregate submissions, and
death and injury submissions every quarter. Estimates of the burden
hours and reporting costs are based on:
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\6\ Low volume and equipment manufacturers are not required to
submit production information.
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The number of manufacturers reporting;
The frequency of required reports;
The number of hours required per report; and
The cost of personnel to report.
The number of hours for reporting ranges from 1 hour for trailer,
child restraint, low volume vehicle, and equipment manufacturers to 8
hours for light vehicle manufacturers (Table 4). Quarterly reporting
burden hours are calculated by multiplying hours used to report for a
given category by the number of manufacturers for the category and by
the four times per year quarterly reporting. Using these methods and
the average number of manufacturers who report annually, we estimate
the annual burden hours for quarterly reporting of production
information at 4,176 hours as detailed below in Table 4.
NHTSA assumes that the hourly wage rate for each quarterly report
is split evenly between technical and clerical personnel and a weighted
hourly rate is developed from this assumption. Therefore, using the BLS
total hourly compensation rates discussed above of $53.44 for a
Computer Support Specialist and $37.86 for an Office Clerk, the
weighted hourly rate is $45.65 (Technical Mean Hourly Wage of $53.44 x
0.5 + Clerical Mean Hourly Wage of $37.86 x 0.5). The estimated
reporting costs are calculated as follows:
(M x Tp x $45.65) = Quarterly cost of reporting x 4 =
Annual cost of reporting *
* M = Manufacturers reporting data in the category; Tp =
Reporting time for the category; $45.65 = Reporting labor cost
compensation rate; 4 = Quarterly reports per year
For example, the estimated reporting cost for light vehicles is
$59,892.80 (41 manufacturers x 8 hours x $45.65 compensation rate x 4
quarters), and the total annual labor costs associated with quarterly
reporting are estimated to be $190,634. Table 4 includes the estimated
burden hours and reporting costs for production information, non-dealer
field reports, aggregate submissions, and death and injury submissions,
as well as the quarterly and annual labor costs associated with
reporting.
Table 4--Estimated Manufacturer Annual Burden Hours and Labor Costs for Quarterly Reporting
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Quarterly Quarterly
Average number hours to Blended hourly labor costs Annual burden Annual labor
Vehicle/equipment category of report per comp. rate per hours for costs
manufacturers manufacturer manufacturer reporting
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Light Vehicles......................................... 41 8 $45.65 $365.20 1,312 $59,892.80
Medium-Heavy Vehicles.................................. 41 5 45.65 228.25 820 37,433.00
Buses.................................................. 30 5 45.65 228.25 600 27,390.00
Emergency Vehicles..................................... 9 5 45.65 228.25 180 8,217.00
Motorcycles............................................ 16 2 45.65 91.30 128 5,843.20
Trailers............................................... 91 1 45.65 45.65 364 16,616.60
Child Restraints....................................... 35 1 45.65 45.65 140 6,391.00
Tires.................................................. 31 5 45.65 228.25 620 28,303.00
Low Volume & Equipment \7\............................. 3 1 45.65 45.65 12 1,095.60
------------------------------------------------------------------------------------------------
Totals............................................. 297 .............. .............. .............. 4,176 190,634.40
or 190,634
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Early Warning Reporting Field Data Submissions
Table 5 provides an average annual submission count for each
category submitted per the requirements of 49 CFR part 579, subpart C:
reports on incidents identified in claims or notices involving death or
injury in the United States; reports on incidents involving one or more
deaths in a foreign country identified in claims involving a vehicle or
item of equipment that is identical or substantially similar to a
vehicle or item of equipment that is offered for sale in the United
States; separate reports on the number of property damage claims,
consumer complaints, warranty claims, and field reports that involve a
specified system or event; copies of field reports; and, for
manufacturers of tires; a list of common green tires; and additional
follow-up information per 579.28(l) related to injury and fatality
claims. Each reporting category has specific requirements and types of
reports that need to be submitted and we state ``N/A'' where there is
no requirement for that reporting category.
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\7\ Reporting requirements for low volume vehicle and equipment
manufacturers are limited to reporting fatal incidents in the United
States and foreign countries and responding to inquiries about those
incidents, see Sec. 579.27 and Sec. 579.28(l). Table 4
manufacturer counts are calculated by dividing the number of total
manufacturer reporting quarters (1 manufacturer reporting in 1
quarter = 1 manufacturer reporting quarter) by 4 quarters to show
the number of equivalent full manufacturer reporting years (4
manufacturer reporting quarters).
[[Page 77233]]
Table 5--Annual Average of EWR Submissions by Manufacturers
[2021-2023]
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Bus,
emergency, Child Low volume
Light vehicles heavy, & Motorcycles Trailers Sec. restraints Tires Sec. vehicles &
Category of claims Sec. 579.21 medium Sec. 579.23 579.24 Sec. 579.26 equipment Totals
vehicles Sec. 579.25 Sec.
579.22 579.27
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Incidents Involving Injury or 6,338 223 109 44 133 35 11 6,893
Fatality in U.S..............
Incidents Involving Fatality 38 0 2 1 0 0 0 41
in Foreign Country...........
Reports on Number of Claims 7,985 831 23 55 NA 298 NA 9,192
Involving Specific System or
Event........................
Mfr. Field Reports............ 83,360 18,650 1,456 81 2,859 NA NA 106,406
Common Green Tire Reporting... NA NA NA NA NA 99 NA 99
Average Number of Follow-Up 1,425 91 67 14 64 44 13 1,718
Sequences per 579.28(l)......
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Totals.................... 99,146 19.795 1,657 195 3,056 476 24 124,349
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The submission totals summarized in Table 5 represent a 10 percent
increase from the currently approved information collection with two
reporting categories responsible for all of the increase. Submission
totals increased for manufacturer field reports and follow-up sequence
inquiries conducted per Sec. 579.28(l) but saw a net decrease of 34
percent for the other four categories combined. Average annual injury
and fatality claims in the United States dropped from 11,887 to 6,893
claims per year, a 42 percent decrease; foreign death claims dropped
from 330 to 41 per year, an 88 percent decrease; claims involving
specific systems or events dropped from 12,212 to 9,192, a 25 percent
decrease; and common green tire reports dropped from 112 to 99 per
year, a 12 percent decrease. Manufacturer field reports, which
accounted for the majority of submissions in both the current and prior
approved information collection requests, rose from 88,409 to 106,406
per year, a 20 percent increase.\8\ Death and injury follow-up sequence
inquiries conducted per Sec. 579.28(l) saw a much larger change,
rising from 190 to 1,718 average incident inquiries per year, an
increase of 804 percent. The net effect of these changes was an
increase from 113,140 to 124,349 submissions per year on average.
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\8\ Manufacturer field reports rose from 78 percent of EWR
submissions in the currently approved information collection to 86
percent of submissions in the current information collection
request.
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The agency estimates that an average of 5 minutes is required for a
manufacturer to process each report, except for foreign death claims
and follow-up responses. We estimate foreign death claims and follow-up
responses per Sec. 579.28(l) require an average of 15 minutes to
process. Multiplying the total average number of minutes by the number
of submissions NHTSA receives in each reporting category yields the
burden hour estimates found below in Table 6. Our previous estimates of
EWR associated submission burden hours totaled 9,515 hours, and we now
update that total to 10,655 burden hours, a 12 percent increase,
associated with the above noted claim categories.
Table 6--Annual Manufacturer Burden Hour Estimates for EWR Submissions
----------------------------------------------------------------------------------------------------------------
Annual average Average time Estimated
Category of claims of EWR to process annual burden
submissions each report hours
----------------------------------------------------------------------------------------------------------------
Incidents Involving Injury or Fatality in U.S................... 6,893 5 574
Incidents Involving Fatality in Foreign Country................. 41 15 10
Reports on Number of Claims Involving Specific System or Event.. 9,192 5 766
Mfr. Field Reports.............................................. 106,406 5 8,867
Common Green Tire Reporting..................................... 99 5 8
Average Number of Follow-Up Sequences per 579.28(l)............. 1,718 15 430
-----------------------------------------------
Totals...................................................... 124,349 .............. 10,655
----------------------------------------------------------------------------------------------------------------
We have also calculated hourly labor costs for each claim type with
an incremental reporting burden based on time to process and labor
costs for employee positions required for processing each submission.
Table 7 shows the employee positions required for processing
submissions for each claim type, the time required for each position to
process each submission, and the weighted hourly rates for each claim
type. The employee positions analyzed in Table 7 include three that
have been introduced in prior sections of this information collection
request: Lawyers (BLS Occupation code 23-1000), Computer Support
Specialists (BLS Occupation code 15-1230), and Office Clerks (BLS
Occupation code 43-9061).\9\ Cost analysis for Computer Support
Specialists was provided in the discussion of Table 1 data for Subpart
A labor costs analysis and analyses for Lawyers and Office Clerks were
provided in the discussion of Table 3 data for Subpart B labor cost
burden analysis. Labor cost analysis for
[[Page 77234]]
Engineers (BLS Occupation code 17-2000) is introduced in Table 7. The
average hourly wage for Engineers in the Motor Vehicle Manufacturing
Industry is $52.56.\10\ After applying the 70.4 percent ECEC
adjustment, NHTSA estimates the hourly labor costs for manufacturers to
be $74.66 for Engineers. Table 7 shows the weighted hourly rates for
each submission claim type.
---------------------------------------------------------------------------
\9\ Table 7 references Computer Support Specialists as
``Technical'' and Office Clerks as ``Clerical''.
\10\ May 2023 National Industry-Specific Wage Estimates--Motor
Vehicle Manufacturing, U.S. Bureau of Labor Statistics, Engineers
(Code 17-2000), $52.56, https://www.bls.gov/oes/2023/may/naics4_336100.htm#17-0000, divided by 70.4 percent for total
employer costs for employee compensation, https://www.bls.gov/news.release/archives/ecec_03132024.pdf. Last Accessed August 12,
2024.
Table 7--Estimated Manufacturer Time Allocation by Claim Type and Weighted Hourly Rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated time (in minutes) to review a claim
-------------------------------------------------------------------------------- Weighted
Claim type Lawyer (rate: Engineer Technical Clerical hourly rate
$159.39) (rate: $74.66) (rate: $53.44) (rate: $37.86) Total time
--------------------------------------------------------------------------------------------------------------------------------------------------------
Incidents Involving Injury or Fatality in U.S........... 3 0 0 2 5 $110.78
Incidents Involving Fatality in Foreign Country......... 3 10 0 2 15 86.70
Reports on Number of Claims Involving Specific System or 0 0 3 2 5 47.21
Event..................................................
Mfr. Field Reports...................................... 0 0 3 2 5 47.21
Common Green Tire Reporting............................. 0 0 0 5 5 37.86
Average Number of Follow-Up Sequences per 579.28(l)..... 3 10 0 2 15 86.70
--------------------------------------------------------------------------------------------------------------------------------------------------------
These rates are calculated by summing the weighted employer costs
for each employee position required to review each submission claim
type using the formula:
[GRAPHIC] [TIFF OMITTED] TN20SE24.010
The annual labor costs for submissions of claims data are shown in
Table 8. Labor Cost per Submission is the product of the Average Time
to Process Each Report and the Weight Hourly Rate calculated in Table
7. Annual labor cost is the product of the labor cost per submission
and the average annual submissions.
Table 8--Estimated EWR Annual Labor Costs by Category
----------------------------------------------------------------------------------------------------------------
Annual average Average time Estimated Estimated
Category of claims of EWR to process Weighted labor cost per annual labor
submissions each report hourly rate submission cost
----------------------------------------------------------------------------------------------------------------
Incidents Involving Injury or 6,893 5 $110.78 $9.23 $63,633.88
Fatality in U.S................
Incidents Involving Fatality in 41 15 86.70 21.68 888.68
Foreign Country................
Reports on Number of Claims 9,192 5 47.21 3.93 36,162.86
Involving Specific System or
Event..........................
Mfr. Field Reports.............. 106,406 5 47.21 3.93 418,618.94
Common Green Tire Reporting..... 99 5 37.86 3.16 312.35
Average Number of Follow-Up 1,718 15 86.70 21.68 37,237.65
Sequences per 579.28(l)........
-------------------------------------------------------------------------------
Totals...................... 124,349 .............. .............. .............. 556,854.35
or 556,854
----------------------------------------------------------------------------------------------------------------
The total annual manufacturer burden hours for subpart C reporting
of EWR data (Sections 579.21-28) is calculated by summing the burden
hour estimates for quarterly reporting in Table 4 (4,176 hours) and
submission reporting in Table 6 (10,655 hours). This produces an EWR
annual burden hour estimate of 14,831 hours. The total annual labor
cost for subpart C reporting is calculated by summing the labor cost
estimates in Table 4 ($190,634.40) and Table 8 ($556,854.35), producing
a total annual labor cost estimate for Subpart C reporting of
$747,488.75 or $747,489.
Computer Maintenance Burden
In addition to the burden associated with submitting documents
under each subpart of Part 579, NHTSA also estimates that manufacturers
will incur computer maintenance burden hours associated with the
information collection requirements. The estimated manufacturer 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. NHTSA estimates that light vehicle manufacturers will spend
approximately 347 hours per year on computer maintenance and that other
vehicle manufacturers will spend about 22 percent as much time as light
vehicle manufacturers on computer
[[Page 77235]]
maintenance. Therefore, NHTSA estimates that medium-heavy truck,
trailer, motorcycle manufacturers, emergency vehicle, and bus
manufacturers will each spend approximately 86.5 hours on computer
maintenance each year. NHTSA estimates that tire manufacturers and
child restraint manufacturers will also spend 86.5 hours on computer
maintenance per year. Therefore, NHTSA estimates the total burden for
computer maintenance to be 36,112 hours per year (based on there being
an estimated 41 light vehicle manufacturers, 41 medium-heavy vehicle
manufacturers, 91 trailer manufacturers, 16 motorcycle manufacturers, 9
emergency vehicle manufacturers, 30 bus manufacturers, 31 tire
manufacturers, and 35 child restraint manufactures).
To calculate the labor cost associated with computer maintenance
hours, NHTSA looked at wage estimates for the type of personnel
submitting the documents. The ECEC adjusted average hourly wage for
Computer Support Specialists (BLS Occupation code 15-1230) in the Motor
Vehicle Manufacturing Industry is $53.44 as reviewed in the discussion
of Table 1 data in the Subpart A reporting burden analysis. For the
estimated total of 36,112 annual computer maintenance burden hours,
NHTSA estimates the associated labor costs will be approximately
$1,929,799. Table 9 shows the annual estimated burden hours for
computer maintenance by vehicle/equipment category and the estimated
labor costs associated with those burden hours.
Table 9--Estimated Manufacturer Annual Burden Hours for Computer Maintenance for Reporting
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hours for
Average number computer Annual labor
Vehicle/equipment category of maintenance Average hourly cost per Total annual Total annual
manufacturers per labor cost manufacturer burden hours labor costs
manufacturer
--------------------------------------------------------------------------------------------------------------------------------------------------------
Light vehicles......................................... 41 347 $53.44 $18,543.68 14,227 $760,290.88
Medium-Heavy Vehicles.................................. 41 86.5 53.44 4,622.56 3,547 189,524.96
Buses.................................................. 30 86.5 53.44 4,622.56 2,595 138,676.80
Emergency Vehicles..................................... 9 86.5 53.44 4,622.56 779 41,603.04
Motorcycles............................................ 16 86.5 53.44 4,622.56 1,384 73,960.96
Trailers............................................... 91 86.5 53.44 4,622.56 7,872 420,652.96
Child Restraints....................................... 35 86.5 53.44 4,622.56 3,028 161,789.60
Tires.................................................. 31 86.5 53.44 4,622.56 2,682 143,299.36
------------------------------------------------------------------------------------------------
Totals............................................. ............... .............. .............. .............. 36,112 $1,929,798.56
or $1,929,799
--------------------------------------------------------------------------------------------------------------------------------------------------------
Based on the foregoing, we estimate the burden hours for industry
to comply with the current part 579 reporting requirements (EWR
requirements, foreign campaign requirements and part 579.5
requirements) to be 54,088 hours per year. The total annual burden
hours, labor costs, and changes from for this information collection
consisting of manufacturer communications under section 579.5 (subpart
A), foreign reporting (subpart B), EWR submissions and reporting
(subpart C), and computer maintenance are outlined in Table 10 below.
Table 10--Total Manufacturer Burden Hours and Labor Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Currently approved part 579 Pending part 579 information Changes in burden hours and
information collection request collection request labor costs
Reporting type -----------------------------------------------------------------------------------------------
Annual burden Annual labor Annual burden Annual labor Annual burden Annual labor
hours costs hours costs hours costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subpart A: Manufacturer Communications Sec. 579.5 2,074 $92,817 1,468 $78,387 * (606) * ($14,430)
(Table 1)..............................................
Subpart B: Foreign Reporting (Tables 2 & 3)............. 1,590 139,464 1,677 164,021 87 24,557
Subpart C: EWR Submissions and Quarterly Reporting 14,731 621,260 14,831 747,489 100 126,229
(Tables 4 & 6/8).......................................
Computer Maintenance (Table 9).......................... 35,415 1,585,861 36,112 1,929,799 697 343,938
-----------------------------------------------------------------------------------------------
Total............................................... 53,810 2,439,402 54,088 2,919,696 278 480,294
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Reduction from currently approved ICR.
The burden estimates show overall increases in annual burden hours
of 278 hours and annual labor costs of $480,294 from the Part 579
information collection request approved in April 2022. These represent
increases of 0.5 percent in burden hours and 19.7 percent in labor
costs. The changes in annual burden hours are due to changes in the
number of submissions in Tables 1, 2, and 6 and changes in the number
of manufacturers reporting in each category in Tables 4 and 9. The
changes in annual labor costs are attributed to changes in burden hours
as well as changes in labor costs for the manufacturer employee
positions required for reporting Part 579 information. The wage
estimates have been adjusted to reflect the latest available rates from
the Bureau of Labor Statistics.
Estimated Total Annual Burden Cost: NHTSA estimates the collection
requires no additional costs to the respondents beyond the labor costs
associated with the burden hours to
[[Page 77236]]
collect and submit the reports to NHTSA and the labor hours and
associated labor costs for computer maintenance.
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 1351.29A.
Eileen Sullivan,
Associate Administrator, Enforcement.
[FR Doc. 2024-21509 Filed 9-19-24; 8:45 am]
BILLING CODE 4910-59-P