[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26136-26137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09985]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0031]


Agency Information Collection Activities; Notice and Request for 
Comment; Motorcycle Helmets (Labeling)

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

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

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SUMMARY: The National Highway Traffic Safety Administration (NHTSA) 
invites public comments about our intention to request approval from 
the Office of Management and Budget (OMB) for a reinstatement of a 
previously approved collection of information entitled ``Motorcycle 
Helmets (Labeling)'' (OMB Control Number: 2127-0518). 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 NHTSA's information collection on 
motorcycle helmet labeling.

DATES: You should submit your comments early enough to ensure that 
Docket Management receives them no later than July 12, 2021.

ADDRESSES: You may submit comments (identified by the DOT Docket ID 
Number above) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE, Washington, DC, 20590-0001 between 
9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. 
To be sure someone is there to help you, please call (202) 366-9322 
before coming.
     Fax: 202-493-2251.
    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 is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit https://www.transportation.gov/privacy.
    Docket: For access to the docket, go to http://www.regulations.gov 
or the street address listed above. Follow the online instructions for 
accessing the dockets online. To be sure someone is there to help you 
at the street address, please call (202) 366-9322 before coming.

FOR FURTHER INFORMATION CONTACT: For additional information or access 
to background documents, contact Mr. Christian Nguyen, U.S. Department 
of Transportation, NHTSA, 1200 New Jersey Avenue SE, West Building Room 
W43-418, NRM-130, Washington, DC 20590. Mr. Christian Nguyen's 
telephone number is 202-366-2365 and fax number is 202-366-7002. Please 
identify the relevant collection of information by referring to its OMB 
Control Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.), before an agency submits a proposed 
collection of information to OMB for approval, it must first publish a 
document in the Federal Register providing a 60-day comment period and 
otherwise consult with members of the public and affected agencies 
concerning each proposed collection of information. The OMB has 
promulgated regulations describing what must be included in such a 
document. Under OMB's regulation (at 5 CFR 1320.8(d)), an agency must 
ask for public comment on the following: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information will 
have practical utility; (b) the accuracy of the agency's estimate of 
the burden of the proposed collection of information, including the 
validity of the methodology and assumptions used; (c) how to enhance 
the quality, utility, and clarity of the information to be collected; 
(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: Motorcycle Helmets (Labeling).
    OMB Control Number: 2127-0518.
    Type of Request: Reinstatement of a previously approved collection 
of information.
    Type of Review Requested: Regular.
    Requested Expiration Date of Approval: Three years from the 
approval date.
    Summary of the Collection of Information: The National Traffic and 
Motor Vehicle Safety Act authorizes the Secretary of Transportation 
(NHTSA by delegation), at 49 U.S.C. 30111, to issue Federal Motor 
Vehicle Safety Standards (FMVSS) that set performance standards for 
motor vehicles and items of motor vehicle equipment. Vehicle and 
equipment manufacturers must certify that their vehicles or equipment 
comply with these standards. Further, the Secretary (NHTSA by 
delegation) is authorized, at 49 U.S.C. 30117, to require manufacturers 
to provide information to first purchasers of motor vehicles or motor 
vehicle equipment when the vehicle or equipment is purchased, in the 
form of printed matter placed in the vehicle or attached to the vehicle 
or motor vehicle equipment.
    Using this authority, NHTSA issued the initial FMVSS No. 218, 
``Motorcycle helmets,'' in 1974. Motorcycle helmets are devices used to 
protect motorcyclists from head injury in motor vehicle accidents. The 
standard requires the manufacturer to label every helmet it produces to 
indicate compliance with the requirements of the Standard. The 
certification label consists of the symbol ``DOT,'' the term ``FMVSS 
No. 218,'' the word ``CERTIFIED,'' the precise model designation, and 
the manufacturer's name and/or brand on the outer shell of the helmet 
towards the posterior bottom edge. Manufacturers are also required to 
label every helmet to provide helmet owners with important safety 
information including manufacturer's name, discrete size, month and 
year of manufacture, and specific instructions

[[Page 26137]]

to the purchaser. FMVSS No. 218, S5.6 requires that each helmet shall 
be labeled permanently and legibly in a manner such that the label(s) 
can be read easily without removing padding or any other permanent 
part.
    Description of the Need for the Information and Proposed Use of the 
Information: The labeling requirement in the Standard supports the 
Department of Transportation's strategic goal in safety, by ensuring 
that motorcycle helmets are manufactured and certified to the 
performance requirements of the Standard. NHTSA uses this information 
for enforcement purposes to ensure that manufacturers certify 
compliance with the Standard. State and local law enforcement use this 
information to enforce helmet-use laws, and consumers use the 
information to make decisions when purchasing motorcycle helmets.
    Affected Public: Motorcycle helmet manufacturers.
    Estimated Number of Respondents: 45.
    Frequency: On occasion.
    Estimated Total Annual Burden Hours: 9,100 hours.
    NHTSA estimates that 3,250,000 motorcycle helmets are manufactured 
annually by 45 motorcycle helmet manufacturers. NHTSA also estimates 
that 10 seconds are spent labeling each helmet. Therefore, the 
estimated total annual burden hours for the collection of information 
required in FMVSS No. 218 is 9,100 hours (3,250,000 x 10 seconds, 
rounded).
    For the labor costs associated with the burden hours for affixing 
labels to helmets, NHTSA uses the average wage of $22.59 per hour for 
``Assemblers and Fabricators'' (occupational code 51-2000) published by 
the Bureau of Labor Statistics (BLS).\1\ BLS estimates that wages 
represent approximately 70.2% of total compensation for private 
industry workers.\2\ Therefore, NHTSA calculates the labor cost 
associated with Assemblers and Fabricators to be $32.18 per hour 
($22.59 / 0.702). Multiplying that hourly rate by the estimated 9,100 
labor hours needed to affix labels yields an estimated total annual 
labor cost of $292,838 ($32.18 x 9,100 hours). The total estimated 
burden hours and associated labor costs are detailed in the table 
below:
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    \1\ May 2019 National Industry-Specific Occupational Employment 
and Wage Estimates, NAICS 336100--Motor Vehicle Manufacturing, 
https://www.bls.gov/oes/current/naics4_336100.htm#51-0000.
    \2\ Table 1. Employer Costs for Employee Compensation by 
ownership, September 2020, https://www.bls.gov/news.release/ecec.t01.htm.

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                                               Time to affix     Estimated total
      Number of          Number of helmets       label per     annual burden hours     Total labor      Labor cost (per      Total burden   Total labor
 respondents (helmet  produced annually (per      helmet         (per respondent)     cost per hour       respondent)           hours           cost
   manufacturers)     respondent)  (rounded)     (seconds)          (rounded)                                                 (rounded)
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                45                  72,000              10                    200          $32.18                 $6,500          9,100       $292,838
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    Estimated Total Annual Burden Cost: $1,137,500.
    The total annual cost to the respondents is estimated to be 
$1,137,500. NHTSA estimates that the printing and material cost per 
helmet is $0.35. The total annual cost to respondents is calculated by 
multiplying the printing and material cost ($0.35) by the estimated 
3,250,000 responses (helmets produced) per year ($0.35 x 3,250,000). 
The total estimated annual burden costs are detailed in the table 
below:

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                           Number of helmets                                Annual printing and                                  Estimated total annual
 Number of respondents   produced annually per   Printing and material       material cost per        Total number of helmets     printing and material
 (helmet manufacturers)   respondent (rounded)      cost per helmet       manufacturer (rounded)         produced annually                costs
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                 45                 72,000                   $0.35                  $25,200.00                   3,250,000             $1,137,500.00
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    Public Comments Invited: You are asked to comment on any aspects of 
this information collection, including (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Department, including whether the information will 
have practical utility; (b) the accuracy of the Department's estimate 
of the burden of the proposed information collection; (c) ways to 
enhance the quality, utility and clarity of the information to be 
collected; and (d) ways to minimize the burden of the collection of 
information on respondents, including the use of automated collection 
techniques or other forms of information technology.

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

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2021-09985 Filed 5-11-21; 8:45 am]
BILLING CODE 4910-59-P