Federal Register, Volume 87 Issue 84 (Monday, May 2, 2022)

[Federal Register Volume 87, Number 84 (Monday, May 2, 2022)]
[Notices]
[Pages 25698-25700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09348]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket Number NHTSA-2022-0020]

Agency Information Collection Activities; Notice and Request for
Comment; Labeling of Motor Vehicle Brake Fluid Containers

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

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 its intention to request approval by 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 reinstatements of previously approved collections. This document
describes a collection of information for which NHTSA intends to seek
OMB approval on labeling of motor vehicle brake fluid containers.

DATES: Written comments must be submitted by July 1, 2022.

ADDRESSES: You may submit comments identified by Docket No. NHTSA-2022-
0020 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 Facility, 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. To be sure someone is there
to help you, please call (202) 366-9322 before coming.
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 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 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 internet.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Joshua Fikentscher, Office of Crash
Avoidance Standards, Vehicle Dynamics Division (NRM-220), (202) 366-
1688, Room W43-467, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590. 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;
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: Labeling of Motor Vehicle Brake Fluid Containers in 49 CFR
571.116.
OMB Control Number: 2127-0521.
Form Number(s): N/A.
Type of Request: Reinstatement of a previously approved collection
of information.
Type of Review Requested: Regular.
Requested Expiration Date of Approval: 3 years from date of
approval.

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. Manufacturers of motor vehicles and items of motor vehicle
equipment subject to the FMVSS are required, by 49 U.S.C. 30115, to
certify to the distributor or dealer that the vehicle or equipment
complies with the applicable standards. Certification of equipment may
be shown by a label or tag on the equipment or on the outside of the
container in which the equipment is delivered. 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 items of motor vehicle equipment related to performance and
safety in printed materials that are attached to or accompany the motor
vehicle or item of motor vehicle equipment. Using this authority, the
agency issued FMVSS No. 116, ``Motor vehicle brake fluids'', which
specifies performance and design requirements for motor vehicle brake
fluids and hydraulic system mineral oils. Section 5.2.2 of the standard
specifies labeling requirements for manufacturers and packagers of
brake fluids, as well as packagers of hydraulic system mineral oils.
Certification of equipment must be shown by a label permanently affixed
to the container, in any location except a removable part such as a
lid.

[[Page 25699]]

Description of the Need for the Information and Proposed Use of the
Information

The properties of these fluids and their use necessitate the
package labeling information specified in FMVSS No. 116. The
information on the label of a container of motor vehicle brake fluid or
hydraulic system mineral oil is necessary to ensure: The contents of
the container are clearly stated; the source and packing identifiers
are labeled; the fluids within the container are used for their
intended purpose only; and the containers are stored correctly and not
re-used when empty.
To aid in the proper selection and use of brake fluids and
hydraulic system mineral oils in motor vehicles and hydraulic
equipment, the owners and operators of motor vehicles, vehicle service
facilities, and hydraulic equipment operators use this labeling
information. Proper vehicle brake performance is crucial to the safety
of motor vehicle occupants and protection of property. Without this
labeling requirement, there could be improper use or storage of these
brake fluids, which would have dire safety consequences for the
operators of vehicles or the equipment in which they are used.
Affected Public: Manufacturers and packagers of brake fluids and
hydraulic mineral oils.
Estimated Number of Respondents: 200.
NHTSA estimates that there are approximately 200 manufacturers and
packagers of brake fluid or hydraulic system mineral oil.
Estimated Number of Responses: 70,000,000 labels.
Frequency: On Occasion.
Estimated Total Annual Burden Hours: 8,000 hours.
Labels are a standard part of fluid containers, even in the absence
of a federal requirement for adding the safety and product information
to the containers. Thus, the information required by FMVSS No. 116
would be added to a label already existing to be placed on the
container and the hour burden is minimal for adding the required
information. NHTSA estimates that there are currently 200 manufacturers
and packagers of brake fluid or hydraulic system mineral oil, and each
respondent produces approximately 24 different label types. Assuming a
5-year label redesign cycle, approximately 5 new or modified labels
each year. The burden to design the layout of a label to include the
additional information required by FMVSS 116 is estimated to require 8
hours. NHTSA estimates the total annual burden for manufacturers/
packagers to produce labels to include the standard's information to be
8,000 hours (5 labels x 8 hours x 200 respondents).
The labor costs associated with these burden hours are derived by
using hourly labor rates published by the Bureau of Labor Statistics
(BLS). BLS estimates that hourly wages represent approximately 69.1% of
total compensation for private industry workers.\1\ For the labor costs
associated with the burden hours to design the labels to include the
required information, NHTSA uses the mean hourly wage of $36.52 per
hour for ``Technical Writers'' (occupational code 27-3042) \2\ and
applies the 69.1% factor to find the total compensation rate of $52.85
per hour ($36.52 per hour / 0.691). The total annual labor costs
associated with the design of labels is estimated to be $422,800 (8,000
burden hours x $52.85). The burden hours and associated labor costs are
summarized in Table 1 below.
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\1\ Employer Costs for Employee Compensation by ownership [Sept.
2021], https://www.bls.gov/news.release/ecec.t01.htm.
\2\ May 2019 National Industry-Specific Occupational Employment
and Wage Estimates, NAICS 3250A1--Chemical Manufacturing, available
at https://www.bls.gov/oes/current/naics4_3250A.htm#27-0000.

Table 1--Estimated Annual Burden Hours and Labor Cost for Designing Labels To Include Information Pursuant to Sec. 571.116
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Total annual Total annual
Number of respondents Responses per burden hours Hourly labor labor cost per Total annual Total annual
year per respondent cost respondent burden hours labor cost
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200............................................... 70,000,00 40 $52.85 $2,114 8,000 $422,800
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Estimated Total Annual Burden Cost: $80,500.
Because labels are a standard part of fluid containers, even in the
absence of a federal requirement to include FMVSS 116 information,
there is no additional cost to affix the labels that include this
information. The cost burden is an incremental cost of the ink, which
NHTSA estimates to be $0.00115 per label, for adding the required
information to a paper or plastic label and would be a small part of
the total cost of the printing process used to produce the label.
The cost estimate of $80,500 for the total annualized costs to the
respondents for adding the FMVSS 116 information to the printing cost
of an existing label is calculated by multiplying the average 350,000
labels produced annually by each respondent (70,000,000 labels / 200
respondents) by the estimated incremental cost of the ink per label
($0.00115). Table 2 details the costs to add the information required
pursuant to FMVSS 116 to container labels.

Table 2--Estimated Annual Costs for Labels To Include Information Pursuant to Sec. 571.116
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Number of
Number of labels produced Incremental ink Total annual Total annual
Number of respondents labels produced per year per cost per label cost per incremental
per year respondent respondent cost
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200................................................................ 70,000,000 350,000 $0.00115 $402.50 $80,500.00
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[[Page 25700]]

Public Comments Invited: You are asked to comment on any aspect 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. The agency will
summarize and/or include your comments in the request for OMB's
clearance of this information collection.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended; 49 CFR 1.95; and DOT Order 1351.29.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2022-09348 Filed 4-29-22; 8:45 am]
BILLING CODE 4910-59-P