[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Notices]
[Pages 61093-61097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21417]



[[Page 61093]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0070]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Automated 
Vehicle Transparency and Engagement for Safe Testing (AV TEST) 
Initiative

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

ACTION: Notice and request for comments on a new information 
collection.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA), 
this notice announces that the Information Collection Request (ICR) 
abstracted below will be submitted to the Office of Management and 
Budget (OMB) for review and approval. The ICR describes the nature of 
the information collection and its expected burden.
    The information collection described in this document is for 
NHTSA's planned Automated Vehicle Transparency and Engagement for Safe 
Testing (AV TEST) Initiative, which involves the collection of 
voluntarily-submitted information from entities involved in the testing 
of vehicles equipped with automated driving systems (ADS) and from 
States and local authorities involved in the regulation of ADS testing. 
The purpose of this collection is to provide information to the public 
about ADS testing operations in the United States and applicable State 
and local laws, regulations, and guidelines.
    A Federal Register Notice with a 60-day comment period soliciting 
comments on the information collection was published on July 2, 2020 
(85 FR 39975). NHTSA received 20 comments and a brief summary and 
NHTSA's response to those comments is provided in this document.

DATES: Comments must be submitted on or before October 29, 2020.

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 Michael Frenchik, Office of Data 
Acquisition, Safety Systems Management Division (NSA-0130), Room W53-
303, 1200 New Jersey Avenue SE, Washington, DC 20590. Mr. Frenchik's 
telephone number is (202) 366-0641. National Highway Traffic Safety 
Administration. U.S. Department of Transportation, 1200 New Jersey 
Avenue, SE, Washington, DC 20590.

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 July 2, 2020.
    Title: Automated Vehicle Transparency and Engagement for Safe 
Testing (AV TEST) Initiative.
    OMB Control Number: 2127-NEW.
    Form Number: NHTSA Form 1586--AV TEST Tracker eForm; NHTSA Form 
1587--AV TEST Onboarding Form.
    Type of Request: Request for approval of a new information 
collection.
    Type of Review Requested: Regular.
    Length of Approval Requested: Three years from the date of 
approval.
    Summary of the Collection of Information: The U.S. Department of 
Transportation (DOT), National Highway Traffic Safety Administration 
(NHTSA) was established by Congress to save lives, prevent injuries, 
and reduce economic costs due to motor vehicle crashes through 
education, research, safety standards, and enforcement activity. DOT 
and NHTSA are fully committed to reaching an era of crash-free roadways 
through the deployment of innovative lifesaving technologies. The 
prevalence of automotive crashes in the United States underscores the 
urgency to develop and deploy lifesaving technologies that can 
dramatically decrease the number of fatalities and injuries on our 
Nation's roadways.
    NHTSA believes that Automated Driving System (ADS) technology, 
including technology contemplating no human driver at all, has the 
potential to significantly improve roadway safety in the United States. 
This technology remains substantially in development phases with 
companies across the United States performing varying levels of 
development, research, and testing relating to the performance of 
various aspects of ADS vehicle technologies. While much of these 
development operations occur in private facilities and closed-course 
test tracks, many stakeholders have progressed to conducting ADS 
vehicle testing on public roads or in public demonstrations. Moreover, 
to regulate such operations in their jurisdictions, many local 
authorities, such as States and cities, have passed laws governing ADS 
vehicle testing on public roads. These statutes, regulations, and 
ordinances vary, ranging from operational requirements to mandating the 
submission of periodic reports detailing ADS vehicle operation.
    Description of the Need for the Information and Proposed Use of the 
Information: The AV TEST Initiative seeks to enhance public education 
and engagement with public ADS vehicle testing by coalescing 
information regarding respondents' various testing operations or 
requirements into a centralized resource. This information collection 
seeks voluntarily-provided information from entities performing ADS 
testing about their operations and information from local authorities 
about requirements or recommendations for such operations. NHTSA will 
maintain a digital platform on its website that collects information 
from respondents and makes the information about ADS operations and 
applicable State and local requirements and recommendations available 
to members of the public.
    The program will support two main objectives. The first objective 
is to provide the public with access to geographic visualizations of 
testing at the national, State, and local levels. This information will 
be displayed on a graphic of the United States, with projects overlaid 
on the geographic areas in which the testing project is taking place. 
By clicking on a testing location, members of the public will be able 
see additional information about the operation and the ADS operator. 
Additional information may include basic information about the ADS 
operator, a brief statement about the entity, specific details of the 
testing activity, high-level (non-confidential) descriptions of the 
vehicles and technology, photos of the test vehicles, the dates on 
which testing occurs, frequency of vehicle operations, the number of 
vehicles participating in the project, the specific streets or areas 
comprising the testing routes,

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information about safety drivers and their training, information about 
engagement with the community and/or local government, weblinks to the 
company's websites with brief introductory statements, and a link to 
the company's Voluntary Safety Self-Assessment (VSSA).\1\
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    \1\ Voluntary Self-Assessments are described in Automated 
Driving Systems 2.0: A Vision for Safety, available at https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13069a-ads2.0_090617_v9a_tag.pdf. VSSAs are covered by the PRA Clearance 
with OMB Control Number 2127-0723.
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    The second objective is to provide members of the public with 
information collected from States and local authorities that regulate 
ADS operations. State and local authorities will be asked to provide 
weblinks for specific ADS-related topics, such as statutes, 
regulations, or guidelines for ADS operations, privacy-related issues, 
emergency response policies and training, or other activities that 
cultivate ADS testing. The implementation of this program will provide 
a central resource for the aforementioned information concerning ADS 
testing across the United States.
    Affected Public: There are two information collection components to 
this request. The first affects entities engaged in testing of ADS 
vehicles, including original manufacturers of ADS vehicles and ADS 
vehicle equipment, and operators of ADS vehicles. The second affects 
local authorities regulating testing of ADS vehicles within their 
jurisdictions, including States, cities, counties, and other 
municipalities.
    Estimated Number of Respondents: NHTSA anticipates that the 
Initiative will include up to 60 State or local government respondents 
and 40 private industry respondents (ADS developer, ADS vehicle 
manufacturer, or ADS operator respondents) per year.
    Frequency: Participation is completely voluntary and each 
participant will choose its respective degree of involvement and the 
frequency of its submissions. Therefore, the frequency of a 
participant's response may vary due to a variety of factors, such as 
the degree of the entity's participation in the initiative or the 
frequency with which each entity modifies its ADS testing operations 
or, in the case of local authorities, amends its regulations governing 
such operations.
    Number of Responses: Participation is completely voluntary and each 
participation will choose the number and frequency of its submissions. 
Therefore, the number of responses from a participant will vary due to 
a variety of factors, such as the degree of the entity's participation 
in the initiative or the frequency with which each entity modifies its 
ADS testing operations or, in the case of local authorities, amends its 
regulations governing such operations.
    Estimated Total Annual Burden Hours: NHTSA estimates that each 
State or local participant will spend approximately 30 hours per year 
providing information to the AV TEST Initiative and estimates that each 
private industry participant will spend approximately 48 hours per year 
providing information to the AV TEST Initiative. While NHTSA's estimate 
for the burden hours per private industry participant remained the same 
from the July 2, 2020 notice, NHTSA has increased the burden estimate 
for State and local participants. Since publishing the original notice, 
NHTSA conducted a pilot involving 9 State and local participants and 9 
ADS operators. NHTSA's revised estimates are based upon direct work 
with the participants in the pilot phase of the AV TEST Initiative. One 
of the pilot participants, Maryland Department of Transportation, also 
commented on the July 2 notice.
    Specific estimates provided by a majority of participants in the 
initiative's pilot program confirmed NHTSA's original estimate that, on 
average, private industry participants would spend approximately 48 
hours per year, or 4 hours per month, on data entry for the AV TEST 
Initiative. This estimate also factors in time for new participants to 
learn how to use the data-entry platform and submit initial 
information. While NHTSA's estimate for private industry participants 
has remained 48 hours per year, NHTSA has revised its estimate for 
State and local participants based on specific estimates provided by 
pilot participants, as well as NHTSA's observation of pilot 
participants in gathering and submitting data. Although the July 2 
notice estimated that State and local participants would spend 
approximately 10 hours per year on data submission to the AV TEST 
Initiative, NHTSA now estimates the annual burden to be 30 hours per 
participant.
    NHTSA estimates that the annual burden of participation will be 
approximately 48 hours for private industry respondents that include 
ADS operators, developers, or vehicle manufacturers. This total number 
of hours represents approximately four hours per month to perform data 
entry for testing projects (4 hours x 12 months = 48). Therefore, for 
the estimated 40 private industry participants, the total burden is 
estimated to be 1,920 hours per year (40 respondents x 48 hours).
    NHTSA estimates that the annual burden of participation will likely 
be approximately 30 hours annually for State or local authorities. The 
increase from 10 hours to 30 hours per year was based on specific 
estimates provided by a majority of participants in the Initiative's 
pilot program, including a public comment by Maryland Department of 
Transportation.\2\ Therefore, for the estimated 60 State or local 
authority participants, the total burden is estimated to be 1,800 hours 
per year (60 respondents x 30 hours). The total annual burden for the 
entire information collection request is estimated to 3,720 hours 
(1,920 hours + 1,800 hours).
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    \2\ This estimate takes into consideration Maryland Department 
of Transportation's public comment to the 60-Day Notice and Request 
for Comment: AV TEST Initiative (https://beta.regulations.gov/document/NHTSA-2020-0070-0006).
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    The labor cost associated with this collection of information is 
derived by (1) applying the appropriate average hourly labor rate 
published by the Bureau of Labor Statistics, (2) dividing by either 
0.701 \3\ (70.1%), for private industry workers, or 0.623 (62.3%), for 
State and local government workers, to obtain the total cost of 
compensation, and (3) multiplying by the estimated burden hours for 
each respondent type.
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    \3\ See Table 1. Employer Costs for Employee Compensation by 
ownership (Dec. 2019), available at https://www.bls.gov/news.release/ecec.t01.htm (accessed May 4, 2020).
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    Labor costs associated with original manufacturers of ADS vehicles 
or ADS vehicle equipment and operators of ADS vehicles are estimated to 
be $60.96 per hour for ``Project Management Specialists,'' Occupation 
Code 13-1198, ($42.73 \4\ per hour / 0.701). The estimated labor cost 
per private industry respondent is estimated to be $2,926.08 per year 
($60.96 x 48 hours). Therefore, the total annual labor cost for private 
industry to participate in the AV TEST Initiative is estimated to be 
$117,043.
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    \4\ See May 2019 National Industry-Specific Occupational 
Employment and Wage Estimates, NAICS 336100--Motor Vehicle 
Manufacturing, available at https://www.bls.gov/oes/current/naics4_336100.htm#15-0000 (accessed May 4, 2020).
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    Labor costs associated with State and local authorities, such as 
States, counties, and cities are estimated to be $60.84 per hour for 
``Legal Support Workers,'' Occupation Code 23-2099, ($37.90 \5\ per 
hour / 0.623). The labor cost per State and local respondent is

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estimated to be $1,825.20 per year ($60.84 x 30 hours). Therefore, the 
total annual labor cost for State and local authorities to participate 
in the AV TEST Initiative is estimated to be $109,512 per year.
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    \5\ See May 2019 National Occupational Employment and Wage 
Estimates by ownership, Federal, state, and local government, 
available at https://www.bls.gov/oes/current/999001.htm#23-0000 
(accessed May 4, 2020).
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    The total annual labor costs for all respondents, private industry 
and State and local authorities together, are estimated to be $226,555 
per year. See Table 1 below for a summary of estimated annual burden 
hours and estimated labor costs.

                                          Table 1--Summary of Estimated Burden Hours and Estimated Labor Costs
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                                                                                                              Annual labor    Total annual      Total
                      Respondent type                           Number of     Annual hours   Labor cost per     cost per        estimated       annual
                                                               respondents   per respondent       hour         respondent     burden hours   labor costs
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Original Manufacturer of ADS Vehicles or ADS Vehicle                     40              48          $60.96       $2,926.08           1,920     $117,043
 Equipment and Operators of ADS Vehicles...................
State or Local Authority...................................              60              30           60.84        1,825.20           1,800      109,512
                                                            --------------------------------------------------------------------------------------------
    Total All Respondents..................................             100  ..............  ..............  ..............           3,720      226,555
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    Estimated Total Annual Burden Cost: NHTSA estimates that there will 
be no costs to respondents other than labor costs associated with 
burden hours.
    Summary of Public Comments: On July 2, 2020, NHTSA published a 
notice in the Federal Register Notice with a 60-day comment period 
soliciting comments on the information collection (85 FR 39975). NHTSA 
received a total of 20 comments from organizations and individuals. A 
summary of the comments is provided below and is arranged by topic 
area.
    Mandatory Data Collection and Evaluation of Submissions: Several 
commenters, such as the National Transportation Safety Board (NTSB) and 
the Center for Auto Safety, were opposed to the voluntary nature of the 
Initiative. Although the commenters were in favor of NHTSA collecting 
information about ADS testing, they believe that NHTSA should make the 
submission of the information mandatory. Additionally, commenters 
suggested that NHTSA require more specific information that would allow 
NHTSA to evaluate the safety of the ADS testing.
    The objective of AV TEST Initiative is to provide members of the 
public with a centralized database of high-level information about ADS 
testing activities and State and local laws, recommendations, and 
initiatives. It is, therefore, outside of the scope of the project to 
make any reporting mandatory or to expand the collection to include 
technical information or information that NHTSA would use to evaluate 
the safety of ADS operations. NHTSA shares the commenters' view that 
detailed technical material often provides valuable information and, in 
fact, the agency frequently engages with industry participants 
regarding technical aspects of their ADS development. Also, as noted in 
Automated Driving Systems 2.0: A Vision for Safety, NHTSA encourages 
ADS developers to make certain information available to members of the 
public in Voluntary Self-Assessments (VSSAs). NHTSA has outlined 12 
areas related to ADS safety and performance to be included in the 
documents. Entities that choose to participate in AV TEST will be 
presented with a data entry field to provide a link to their VSSA if 
they have one and would like to include it with their AV TEST 
submission.
    Data Standardization, Uniformity, and Completeness: Several 
commenters urged NHTSA to take steps to standardize submissions, 
including establishing standard terminology to increase uniformity of 
submissions. NHTSA appreciates this comment and would like to highlight 
a few of ways that NHTSA has designed the system to balance improving 
the quality of data collection and maximizing participation.
    First, the AV TEST Initiative uses a data entry website that 
provides a structured data collection environment for contributors. 
Participating stakeholders are required to complete a minimum set of 
data fields when submitting information.\6\ If a participant does not 
fill in a required field, they will be prompted to complete it before 
the submission can be sent to NHTSA for publication. Requiring certain 
data elements ensures a minimum level of completion for each submission 
and improves the quality of the data that is placed on the public 
website. While certain data fields are required, others are not. This 
allows the system to accommodate a wider range of ADS testing 
operations, vehicles, and jurisdictions. One commenter, General Motors 
LLC, advised that significant variance could exist for the types and 
amounts of data maintained by companies. As such, NHTSA believes that 
additional standardization of submission requirements or minimum 
information thresholds for participation may unintentionally exclude 
interested parties from participation.
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    \6\ For a submission for an ADS operation, the required fields 
include: Country, State/Province, City, Public or Private Road, Road 
Type, Latitude and Longitude, Base Vehicle Type, Operation Status, a 
field asking whether the vehicle has a safety operator, and a field 
for the participant to indicate the type of operation (e.g., 
providing service).
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    Second, NHTSA agrees with commenters who suggested providing 
standard terminology and has integrated definitions for the requested 
data elements into the AV TEST tracker to ensure participants have a 
consistent understanding of the terminology being used by NHTSA. NHTSA 
is also providing a list of terms and definitions on the public website 
so that users can better understand the information presented.
    Third, NHTSA has designed the data entry website to use drop-down 
options for many of the data fields to ensure greater uniformity across 
submissions. For example, the data field for road type provides the 
following drop-down options: freeway, highway, parking lot, rural, 
street, business campus, path/sidewalk, university, unknown, or not 
specified. NHTSA believes this feature will improve data uniformity 
while providing sufficient flexibility for unique operations. For 
features that do not have drop-down options, NHTSA has also taken steps 
to minimize error. For example, the data field for number of vehicles 
at a test site has character restrictions.
    Accessibility and Vulnerable Populations: Several organizations 
submitted comments underscoring the potential impact of ADS 
technologies on accessibility and mobility, as well as the impact on 
children. Commenters suggested that NHTSA provide opportunity for 
participants to submit information related to accessibility of ADS 
operations as well as specific information related to the 
transportation of children.
    NHTSA agrees with the comments and believes information about

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engagement with the community is an integral part of the AV TEST 
Initiative--particularly those with accessibility issues and members of 
vulnerable populations. Currently, NHTSA does not restrict participants 
from conveying this information, particularly for ADS test sites that 
are available for public use. However, NHTSA will encourage 
participants to provide information on accessibility and mobility for 
those with special needs. NHTSA will do this by creating new categories 
of weblinks that can be submitted to NHTSA. For example, NHTSA has 
added a ``Disability or Accessibility'' category, just as it has done 
for Emergency Response and VSSA information.
    Establish Sunset for AV TEST tracker: Maryland Department of 
Transportation (MDOT) suggested NHTSA consider establishing a time to 
sunset the AV TEST tracker to eliminate data collection redundancy. 
NHTSA does not agree with MDOT's assertion that the AV TEST Initiative 
would present a data collection redundancy for vehicles that comply 
with all applicable FMVSS. In fact, some of the operations reported to 
NHTSA during its pilot phase of the AV TEST Initiative are for ADS 
operations involving the use of FMVSS-certified vehicles equipped with 
ADS. The type of information that will be collected through the AV TEST 
Initiative is not duplicative of data collected through NHTSA's 
existing crash data systems because NHTSA crash data systems only 
collect data on vehicles involved in crashes and vehicle-related deaths 
and injuries. NHTSA does not currently have a mechanism to collect 
information about ADS operations.
    However, NHTSA notes that data submitted as part of the AV TEST 
Initiative may become stale. For example, because the AV TEST 
Initiative is voluntary, an ADS operator could provide information on 
an ADS operation and never update NHTSA when the operation is 
completed. Although we will provide a mechanism for participants to 
change the status of test sites from active to inactive or completed, 
participants may not update the status of an operation. As the AV TEST 
Initiative progresses, NHTSA will consider reaching out to program 
participants about operations that has not been updated for an extended 
period of time. In addition, we have provided participants the ability 
to remove out-of-date information and archive the data, which removes 
it from the AV TEST web page.
    Estimated Total Annual Burden Hours: MDOT estimates States will 
spend more than 10 hours per year on supporting their AV TEST profiles. 
While MDOT acknowledged that that the 10-hour estimate may be 
appropriate for States solely focused on entering adopted legislation/
regulation information once or twice per year, MDOT expects to 120 
hours responding to the AV TEST Initiative. MDOT stated that it will 
update the AV TEST database for multi-modal transportation business 
units and estimates it will need 10 hours per month for this exercise. 
With respect to this subject, the Commercial Vehicle Safety Alliance, 
whose members include many State and local jurisdictions, advised that 
it ``deferred to its member jurisdictions'' on the burden presented by 
this collection.
    NHTSA appreciates the comments on this topic and, in particular, 
the level of investment in the AV TEST Initiative that MDOT's comment 
anticipates and hopes that other participants will similarly dedicate 
resources as necessary and appropriate to further the goals of the 
program. The majority of participants in the pilot program estimated 
that they have and will continue to allocate approximately 2-3 hours 
per month to AV TEST related activities. Therefore, NHTSA calculates 
that State and local organizations will dedicate approximately 2.5 
hours per month, or 30 hours annually, on their submissions with 
variances due to a range of factors, such as the availability of 
resources or each entity's approaches to the program. Nevertheless, 
NHTSA appreciates MDOT's comment that some jurisdiction participants 
may dedicate more time than what NHTSA estimates for the average 
participant.
    Categories of Eligible Participants: Valeo, an automotive supplier, 
commented expressing a desire to participate in the program and share 
information regarding its automated vehicle development activities. 
Valeo specifically requested that NHTSA enable Tier 1 suppliers to 
participate in the AV TEST Initiative in the future. Additionally, the 
American Automobile Association (AAA) recommends that future versions 
of the AV TEST Initiative web platform include information provided by 
consumer and safety groups that evaluate vehicle technologies with the 
goal of educating consumers on the safety benefits, capabilities, and 
limitations of these applications.
    In response, NHTSA appreciates AAA and Valeo's comments and is 
encouraged by the interest generated by the program at multifaceted 
levels of the automotive industry and the public. NHTSA's original 60-
day notice contemplated that the collection could also include motor 
vehicle equipment manufacturers, which could encompass Tier 1 suppliers 
conducting AV test operations on public roads. As the AV TEST 
Initiative progresses, NHTSA will evaluate opportunities to enhance the 
scope of project and may consider allowing submission of information 
from organizations engaged in evaluating emerging vehicle technologies.
    Number of Respondents: Several commenters expressed a concern that 
the voluntary nature of AV TEST would minimize industry participation, 
with one commenter believing that NHTSA's original estimate of at least 
40 private participants was too high. Based on the number of entities 
that have already expressed interest in participating, NHTSA continues 
to anticipate that its estimate of 40 private participants is 
realistic, with even higher levels of participation possible as AV TEST 
becomes more established and entities engaged in ADS testing activities 
increase.
    ADS Policy: NHTSA also received comments from safety advocates and 
individual members of the public highlighting concerns regarding 
driving automation. One comment stated that ``NHTSA should be focusing 
on proven safety systems currently available that can prevent or 
mitigate the crashes . . .'' such as a number of crash avoidance 
technologies included in the NTSB's Most Wanted Lists of Transportation 
Safety Improvements since 2016. Another commenter suggested that 
vehicles equipped with ADS technologies should be removed from roadways 
until NHTSA can ensure ``malware and terrorists cannot hack these 
computers driven moving time bombs.'' In addition, one commenter 
requested that ADS technology testing be limited to roadways that are 
built solely for ADS-equipped vehicles rather than public roads.
    NHTSA appreciates the commenters' input and will keep this input in 
mind when considering future approaches to ADS technologies.
    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

[[Page 61097]]

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.

Chou-Lin Chou,
Associate Administrator, National Center for Statistics and Analysis.
[FR Doc. 2020-21417 Filed 9-28-20; 8:45 am]
BILLING CODE 4910-59-P