[Federal Register Volume 87, Number 85 (Tuesday, May 3, 2022)]
[Notices]
[Pages 26253-26255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09391]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0034]


Agency Information Collection Activities; Notice and Request for 
Comment; Compliance Labeling Warning Devices

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

ACTION: Request for public comment on a reinstatement of a previously 
approved collection of information.

-----------------------------------------------------------------------

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 on Federal Motor Vehicle 
Safety Standard (FMVSS) No. 125. Before a Federal agency can collect 
certain information from the public, it must receive approval from the 
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 labeling information required 
by FMVSS No. 125, for which NHTSA intends to seek OMB approval. The 
labeling requirement is for warning devices.

DATES: Comments must be received on or before July 5, 2022.

ADDRESSES: 
    You may submit comments identified by docket number at the heading 
of this notice by 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: 1-202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Management, 1200 New Jersey Avenue SE, Room W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, West Building 
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except 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 discussion 
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 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://www.dot.gov/privacy.html.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov at any time or to 
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays. Telephone: (202) 366-9826. Follow the online 
instructions for accessing the dockets via internet.

FOR FURTHER INFORMATION CONTACT: For additional information or access 
to background documents, contact Toyoaki Nogami, Office of Crash 
Avoidance Standards, National Highway Traffic Safety Administration, 
West Building--4th Floor--Room W43-462, 1200 New Jersey Avenue SE, 
Washington, DC 20590. He can be reached at (202) 366-1810.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.) (PRA), before an agency submits a proposed 
collection of information to OMB for approval, it must 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 regulations (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 
information for which the agency is seeking approval from OMB.
    Title: 49 CFR 571.125, Compliance Labeling Warning Devices.
    OMB Control Number: 2127-0506.

[[Page 26254]]

    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

    49 U.S.C. 30111 of the National Traffic and Motor Vehicle Safety 
Act of 1966, authorizes the Secretary of Transportation (NHTSA by 
delegation) to issue FMVSS that set performance standards for motor 
vehicles and items of motor vehicle equipment. 49 U.S.C. 30115 requires 
manufacturers of motor vehicles or motor vehicle equipment to certify 
that the vehicle or equipment complies with applicable motor vehicle 
safety standards prescribed under this chapter. Section 30115 further 
specifies that 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 to certify that items of motor vehicle equipment 
subject to FMVSS comply with all applicable 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.
    Federal Motor Vehicle Safety Standard (FMVSS) No. 125, ``Warning 
devices'' specifies requirements for devices, without self-containing 
energy sources, that are designed to be carried in buses and trucks 
with a Gross Vehicle Weight Rating (GVWR) greater than 10,000 pounds, 
although they can be carried in other vehicles. These devices are used 
to warn approaching traffic of the presence of a stopped vehicle. This 
requirement does not apply to devices designed to be permanently 
affixed to the vehicle. The purpose of the standard is to reduce deaths 
and injuries due to rear end collisions between moving traffic and 
disabled vehicles. To ensure that the warning devices provide effective 
warnings to approaching traffic of the presence of a stopped vehicle, 
the standard sets forth specific requirements for the chromaticity of 
the reflex reflective material and fluorescent material affixed to both 
faces of the device.
    In addition to performance requirements, the FMVSS No. 125 requires 
manufacturers to permanently and legibly mark their warning devices 
with (a) the manufacturer's name, (b) the month and year of 
manufacture, and (c) the symbol DOT, or the statement that the warning 
device complies with all applicable FMVSS. Manufacturers must also 
provide, with each warning device they manufacture, instructions 
printed or attached to the device in a manner that cannot easily be 
removed, for the operator to understand its erection and placement and 
a recommendation that the driver activate the vehicle hazard warning 
signal lamps before leaving the vehicle.
    Since the last notice, the total burden hours were revised from one 
hour to three hours based on the number of respondents and required 
reporting tasks. The total annual cost burden was revised from $26 to 
$4,075, and the number of responses increased from 2.85 million to 4.31 
million based on the number of trucks registered in the United States. 
In addition, maintenance and materials costs were updated.

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

    Manufacturers of warning devices are required to certify that their 
products meet the requirements of FMVSS No. 125. Without the 
identification information provided by the certification, NHTSA would 
be unable to identify the manufacturer of equipment that fails to meet 
the minimum performance for reflectivity and ability to withstand 
environmental conditions consistent with roadsides on which they are to 
be used. The instruction labeling also serves the safety purpose of 
FMVSS No. 125 by providing important information to operators, thereby 
increasing the likelihood of correct usage. Without labeling and 
instructions, a driver may not properly erect or place the warning 
devices in a manner that reduces the risk of rear end crashes with 
disabled vehicles. Federal Motor Carriers Safety Administration (FMCSA) 
also requires the placement of warning devices around buses and trucks 
that have a Gross Vehicle Weight Rating (GVWR) greater than 10,000 
pounds, for warning to approaching traffic when they are disabled on a 
highway or shoulder. The labeling requirement assists FMCSA enforcement 
with the ability to verify that warning devices being used in 
commercial motor vehicles meet the minimum performance levels for 
safety.
    Affected Public: Manufacturers of warning devices.
    Estimated Number of Respondents: 3.
    The respondents are likely to be manufacturers of warning devices. 
The agency estimates that currently there are three manufacturers 
producing warning devices for use in motor vehicles.
    Frequency: As needed.
    Estimated Total Annual Burden Hours: 3 hours.
    NHTSA was able to identify three manufacturers of warning devices. 
NHTSA estimates there are approximately 4.32 million labels affixed to 
warning devices each year. NHTSA estimates that there are approximately 
4.32 million labels affixed to warning devices per year. This is based 
on the total number of truck tractors and other medium- and heavy-duty 
trucks registrations, which was 14,369,339 in 2019.\1\ NHTSA estimates 
that 1 out of 10 trucks requires a new set of warning devices each year 
or, approximately 1.44 million (1,436,934 or rounded to 1.44 million), 
and each warning device requires three labels. Accordingly, NHTSA 
estimates that the three respondents produce 4.32 million labels each 
year, for an annual average of 1.44 million labels per respondent. 
Because the labels are molded onto the warning devices and cases, NHTSA 
estimates that the only time burden associated with this collection is 
time required to log the production of the molding presses in a highly-
automated production process, which NHTSA estimates will take each 
manufacturer 1 hour per year. Accordingly, NHTSA estimates the total 
burden for this collection to be 3 hours (3 respondents x 1 hour). 
Using the estimate from the Bureau of Labor Statistics (BLS) for the 
average hourly compensation for Molders and Molding Machine Setters, 
Operators, and Tenders, Metal and Plastic (BLS Occupation code 51-4070) 
in the Motor Vehicle Manufacturing Industry, NHTSA estimate the loaded 
labor cost is $34.67 per hour.\2\ Thus, the total labor cost associated 
with the burden hours is

[[Page 26255]]

$104.01 for all responses generated by all 3 respondents together. 
Table 1 provides a summary of the estimated burden hours and labor 
costs associated with those submissions.
---------------------------------------------------------------------------

    \1\ Bureau of Transportation Statistics, Table titled ``Number 
of U.S. Truck Registrations by Type [verbar] Bureau of 
Transportation Statistics,'' https://www.bts.gov/browse-statistical-products-and-data/national-transportation-statistics/number-us-truck.
    \2\ The hourly wage is estimated to be $24.48 per hour. National 
Industry-Specific Occupational Employment and Wage Estimates NAICS 
336100--Motor Vehicle Manufacturing, May 2020, https://www.bls.gov/oes/current/naics4_336100.htm#51-0000, last accessed November 5, 
2021. The Bureau of Labor Statistics estimates that wages represent 
70.6 percent of total compensation to private workers, on average. 
Bureau of Labor Statistics. Employer Costs for Employee 
Compensation--June 2021. https://www.bls.gov/news.release/ecec.t04.htm, last accessed November 5, 2021. Therefore, NHTSA 
estimates the total hourly compensation cost to be $34.67.

                           Table 1--Summary of Burden Hours and Associated Labor Costs
----------------------------------------------------------------------------------------------------------------
                    Estimated annual
    Number of       hour burden per     Average hourly   Annual labor cost     Total annual       Total annual
   respondents         respondent         labor cost       per respondent      burden hours       labor costs
----------------------------------------------------------------------------------------------------------------
              3                  1             $34.67             $34.67                  3            $104.01
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Cost: $4,075 per year.
    NHTSA estimates that the total annual cost to respondents is 
$4,075.00, or $.00094 per response ($4,075 / 4.32 million labels). This 
cost is comprised of the annualized cost of depreciation of purchase 
and modification of the equipment required for molding the labels onto 
the warning devices and cases and the annual cost of materials required 
for the labeling.
    The initial cost to the respondents was based on estimated costs 
for modifying the die-mold such that it creates the label during normal 
production. The cost to manufacturers of the label requirement is the 
amortization of the die mold modification and the additional material 
consumed. The labels are to be placed on every warning device 
manufactured. The labels are produced during the normal course of 
steady flow manufacturing operation without a direct time penalty. The 
sole method used for producing the label is a process by which the 
required information is molded into the parts and/or cases directly. 
The cost of modifying a die mold to include the required information is 
estimated to be $10,000 per mold. The typical life of a die-mold of 
this type is 30 years, for a straight-line depreciation of the molds 
($10,000 divided by 30) equal to $333.33 per mold assuming its 
purchasing cost is zero. Part of the required information is included 
on the molds that create the warning devices, while the remaining 
information (instructions) is included within the molds that create the 
cases that are supplied with the warning devices. Each of the three 
manufacturers is estimated to have 2 warning device molds and 2 case 
molds for a total of 12 molds. Accordingly, NHTSA estimates the total 
cost for equipment to be $4,000 per year (($333.33 x 4 molds) x 3 
respondents = $4,000).
    The additional material required to produce the instructions is 
expected to be very small because the engraving depth is approximately 
0.1 mm with a text width of 0.5 mm and a length of 300 mm, resulting in 
a volume of material of 1.5 mm\3\ per warning device, or 6,480,000 
mm\3\ per year (1.5 x 4.32 million devices). The price of polypropylene 
is estimated at $1,100 per ton with a density of 0.95 g/cm\3\ (1.0472 x 
10-\8\ tons/mm\3\). The total material price is thus 
estimated to be $74.64 ((1.0472 x 10-\8\ tons/mm\3\) x 
$1,100 x 6,480,000 mm\3\) per year, rounded to $75 per year.

                                            Table 2--Summary of Costs
----------------------------------------------------------------------------------------------------------------
                                     Estimated                                                     Total annual
                                      annual         Number of      Annual cost      Number of      cost burden
                                   depreciation      molds per    per respondent    respondents         all
                                   cost per mold    respondent                                      respondents
----------------------------------------------------------------------------------------------------------------
Die Mold Cost...................         $333.33               4       $1,333.33               3       $4,000.00
----------------------------------------------------------------------------------------------------------------
                                          Annual          Annual          Annual       Number of    Total annual
                                       number of       number of        cost per     respondents     cost burden
                                          labels      labels per      respondent                             all
                                             (m)      respondent                                     respondents
                                                             (m)
----------------------------------------------------------------------------------------------------------------
Material Cost...................            4.32            1.44          $25.00               3          $75.00
                                 -------------------------------------------------------------------------------
    Total Costs.................  ..............  ..............        1,358.33  ..............        4,075.00
----------------------------------------------------------------------------------------------------------------

    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 1.95 and DOT Order 1351.29.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2022-09391 Filed 5-2-22; 8:45 am]
BILLING CODE 4910-59-P