[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Notices]
[Pages 51548-51550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18216]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket Number NHTSA-2020-0004]


Agency Information Collection Activities; Notice and Request for 
Comment; Petitions for Exemption from the Vehicle Theft Prevention 
Standard

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

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

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SUMMARY: The National Highway Traffic Safety Administration (NHTSA) 
invites public comments about our intention to request approval from 
the Office of Management and Budget (OMB) to reinstate a previously-
approved information collection. Before a Federal agency can collect 
certain information from the public, it must receive approval from OMB. 
Under procedures established by the Paperwork Reduction Act of 1995, 
before seeking OMB approval, Federal agencies must solicit public 
comment on proposed collections of information, including extensions 
and reinstatement of previously approved collections. This document 
describes one collection of information for which NHTSA intends to seek 
OMB approval.

DATES: Comments must be received on or before October 19, 2020.

ADDRESSES: You may submit comments identified by the Docket No. DOT-
NHTSA-2020-0004 through any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: Docket Management, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-
140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: For additional information or access 
to background documents, contact Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, West 
Building, W43-439, NRM-310, 1200 New Jersey Avenue SE, Washington, DC 
20590. Ms. Ballard's telephone number is (202) 366-5222. Please 
identify the relevant collection of information by referring to its OMB 
Control Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, 
before an agency submits a proposed collection of information to OMB 
for approval, it must first publish a document in the Federal Register 
providing a 60-day comment period and otherwise consult with members of 
the public and affected agencies concerning each proposed collection of 
information. The OMB has promulgated regulations describing what must 
be included in such a document. Under OMB's regulation (at 5 CFR 
1320.8(d)), an agency must ask for public comment on the following: (i) 
Whether the proposed collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information will have practical utility; (ii) the accuracy of the 
agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (iii) how to enhance the quality, utility, and clarity of the 
information to be collected; (iv) how to minimize the burden of the 
collection of information on those who are to respond, including the 
use of appropriate automated, electronic, mechanical, or other 
technological collection techniques or other forms of information 
technology, e.g. permitting electronic submission of responses. In 
compliance with these requirements, NHTSA asks for public comments on 
the following proposed collection of information for which the agency 
is seeking approval from OMB.
    Title: Petitions for Exemption From the Vehicle Theft Prevention 
Standard (49 CFR part 543).
    OMB Control Number: 2127-0542.
    Type of Request: Request for approval of a reinstatement of a 
previously-approved information collection.
    Type of Review Requested: Regular.
    Length of Approval Requested: Three years.
    Affected Public: Motor vehicle manufacturers.
    Requested Expiration Date of Approval: Three years from approval 
date.
    Summary of Information Collection: 49 U.S.C. Chapter 331 requires 
the Secretary of Transportation to promulgate a theft prevention 
standard to provide for the identification of certain motor vehicles 
and their major replacement parts (parts-marking) to impede motor 
vehicle theft. Under 49 U.S.C. 33106, manufacturers may petition the 
Secretary of Transportation (NHTSA by delegation) for an exemption from 
the parts-marking requirement for a line of passenger motor vehicles 
equipped with an anti-theft device as standard equipment that the 
Secretary (NHTSA by delegation) decides is likely to be as effective in 
reducing and deterring motor vehicle theft as compliance with the 
parts-marking requirements. In accordance with the statute, NHTSA 
promulgated 49 CFR part 543 to provide a process through which 
manufacturers may seek an exemption from the Theft Prevention Standard. 
Under these regulations, each manufacturer may request an exemption for 
one vehicle line per model year.
    Under the current part 543, manufacturers choose how they wish to 
demonstrate to the agency that the anti-theft device they are 
installing in a vehicle line meets the requirements for exemption: by 
either the factors listed in Sec.  543.6 (specific content 
requirements: detailed lists, data, and explanations) or by the 
criteria listed in Sec.  543.7 (performance criteria). Section 543.6 
requires manufacturer to submit: (1) A statement that an antitheft 
device will be installed as standard equipment on all vehicles in the 
line for which an exemption is sought; (2) a list naming each component 
in the antitheft system, and a diagram showing the location of each of 
those components within the vehicle; (3) a discussion that explains the 
means and process by which the device is activated and functions, 
including any aspect of the device designed to facilitate or encourage 
its activation by motorists, attract attention to the efforts of an 
unauthorized person to enter or move the vehicle by means other than a 
key, prevent defeating or circumventing the device by an unauthorized 
person attempting to enter a vehicle by means other than a key, prevent 
the operation of a vehicle which an unauthorized person has entered 
using means other than a key, and ensure the reliability and durability 
of the device; (4) the reasons for the

[[Page 51549]]

petitioner's belief that the antitheft device will be effective in 
reducing and deterring motor vehicle theft, including any theft data 
and other data that are available to the petitioner and form the basis 
for that belief; (5) the reasons for the petitioner's belief that the 
agency should determine that the antitheft device is likely to be as 
effective as compliance with the parts-marking requirements of Part 541 
in reducing and deterring motor vehicle theft, including any 
statistical data that are available to the petitioner and form a basis 
for petitioner's belief that a line of passenger motor vehicles 
equipped with the antitheft device is likely to have a theft rate equal 
to or less than that of passenger motor vehicles of the same, or 
similar, line which have parts marked in compliance with part 541.
    Section 543.7 requires manufacturers to submit a statement that the 
entire line of vehicles is equipped with an immobilizer, as standard 
equipment, that meets one of the following: (1) The performance 
criteria of (subsections 8 through 21) of C.R.C, c. 1038.114, Theft 
Protection and Rollaway Prevention (in effect March 30, 2011), as 
excerpted in appendix A of this part; (2) National Standard of Canada 
CAN/ULC-S338-98, Automobile Theft Deterrent Equipment and Systems: 
Electronic Immobilization (May 1998); (3) United Nations Economic 
Commission for Europe (UN/ECE) Regulation No. 97 (ECE R97), Uniform 
Provisions Concerning Approval of Vehicle Alarm System (VAS) and Motor 
Vehicles with Regard to Their Alarm System (AS) in effect August 8, 
2007; or (4) UN/ECE Regulation No. 116 (ECE R116), Uniform Technical 
Prescriptions Concerning the Protection of Motor Vehicles Against 
Unauthorized Use in effect on February 10, 2009. Manufacturers must 
also submit documentation kept to demonstrate that the device conforms 
with the performance criteria and a statement that the immobilizer 
device is durable and reliable.
    Description of the Need for the Information and Proposed Use of the 
Information: NHTSA requires this information to make a determination of 
whether an anti-theft device a manufacturer is installing in a vehicle 
line is likely to be as effective in reducing and deterring motor 
vehicle theft as compliance with the parts-marking requirements and 
therefore meets the requirements for the grant of an exemption from 
Part 541 parts-marking.
    Estimated Number of Respondents: 12.
    The universe of possible petitioners includes all vehicle 
manufacturers that are required to comply with the Theft Prevention 
Standard. There are approximately 23 vehicle manufacturers. NHTSA 
received 32 petitions for exemption from the parts-marking requirements 
for MYs 2017-2020, and 12 petitions in the most recent year: 9 
respondents filing under Sec.  543.6 and 3 respondents filing under 
Sec.  543.7. We anticipate that the number of petitions received in 
each of the next three years will be the same as the number of 
petitions received in the most recent year, with 9 petitions submitted 
under Sec.  543.7 and 3 submitted under Sec.  543.6 for a total of 12 
petitions. Because each manufacturer is limited to requesting an 
exemption for one vehicle line per model year, NHTSA estimates that 
each petition will be submitted by a different vehicle manufacturer. 
Therefore, we estimate the total number of responses and respondents 
will be 12.
    Estimated Total Annual Burden Hours: 2,094.
    NHTSA estimates, based on information provided by manufacturers, 
that 226 hours will be required for exemptions requested under Sec.  
543.6, and 20 hours for exemptions requested under Sec.  543.7. The 
agency expects that nine manufacturers will choose to file for an 
exemption under Sec.  543.6 and three manufacturers will choose to file 
for an exemption under Sec.  543.7. The estimated total annual burden 
hours are shown below:

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                                                                                   Average time
                                                                  Average number   per petition    Total annual
                                                                   of petitions      submittal         hours
                                                                     per year          (hrs)
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Preparation and Submittal of Petition for Exemption under Sec.                 9             226           2,034
 543.6..........................................................
Preparation and Submittal of Petition for Exemption under Sec.                 3              20              60
 543.7..........................................................
                                                                                                 ---------------
    Estimated Total Annual Burden Hours:........................  ..............  ..............           2,094
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    The labor cost associated with the burden hours for this collection 
is derived by (1) applying appropriate average hourly labor rate for 
``Compliance Officers,'' Occupation Code 13-1041, published by the 
Bureau of Labor Statistics,\1\ (2) dividing by 0.701 \2\ (70.1%) to 
obtain the total compensation rate for private industry workers, and 
(3) multiplying by the estimated labor hours for each exemption type.
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    \1\ May 2018 National Occupational Employment and Wage 
Estimates, United States. Business and Financial Operations 
Occupations, Compliance Officers, Occupation Code 13-1041; Mean 
Hourly Wage = $34.86. https://www.bls.gov/oes/current/oes_nat.htm. 
Accessed Mar. 9, 2020.
    \2\ See Table 1 at https://www.bls.gov/news.release/ecec.t01.htm.

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                                                   Average time                      Estimated
                                   Hourly labor    per petition     Labor cost/      number of     Annual labor
                                       cost          submittal       petition     petitions/year       cost
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Preparation and Submittal of              $49.73             226      $11,238.98               9        $101,151
 Petition for Exemption under
 Sec.   543.6...................
Preparation and Submittal of               49.73              20          994.60               3           2,984
 Petition for Exemption under
 Sec.   543.7...................
                                                                                                 ---------------
    Estimated Annual Labor Cost   ..............  ..............  ..............  ..............         104,135
     for This Information
     Collection:................
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[[Page 51550]]

    Costs to Respondents or Recordkeepers: $0.
    NHTSA estimates that there will be no costs to respondents other 
than costs associated with burden hours.
    Public Comments Invited: You are asked to comment on any aspects of 
this information collection, including (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Department, including whether the information will 
have practical utility; (b) the accuracy of the Department's estimate 
of the burden of the proposed information collection; (c) ways to 
enhance the quality, utility and clarity of the information to be 
collected; and (d) ways to minimize the burden of the collection of 
information on respondents, including the use of automated collection 
techniques or other forms of information technology.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. 
Chapter 35, as amended; 49 CFR 1.49; and DOT Order 1351.29.

    Issued in Washington, DC.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2020-18216 Filed 8-19-20; 8:45 am]
BILLING CODE 4910-59-P