[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Notices]
[Pages 56148-56150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19561]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0094]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Exemption for 
the Make Inoperative Prohibition To Accommodate People With 
Disabilities; OMB Control No. 2127-0635

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

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

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA), 
this notice (``30-day notice'') announces that the Information 
Collection Request (ICR) summarized 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 and is a request for a reinstatement of a previously approved 
information collection regarding an exemption for the make inoperative 
prohibition to accommodate people with disabilities. The Federal 
Register notice with a 60-day comment period soliciting comments on the 
following information collection was published on January 12, 2022. 
NHTSA received one comment on the 60-day notice. The comment generally 
supported the information collection and further addressed broad issues 
not discussed in this ICR. Therefore, NHTSA has concluded that it is 
not necessary to make any changes to the information collection based 
on the comment received for the 60-day notice.

DATES: Comments must be submitted on or before October 13, 2022.

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 Gunyoung Lee, Office of Rulemaking 
(NRM230), 202-366-6005, Room W43-463, 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 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 to 
the OMB.
    A Federal Register notice with a 60-day comment period soliciting 
public comments on the following information collection was published 
on January 12, 2022 (87 FR 1829). NHTSA received one comment on the 60-
day notice from the National Mobility Equipment Dealers Association 
(NMEDA). NMEDA generally supported the information collection and 
further addressed broad issues, such as managing the collected 
information to enhance the benefits for the public; suggesting a 
particular form for the information collection; and questioning the 
label requirement which is not subject to the information collection. 
NHTSA may consider those broad issues in determining the agency's next 
steps regarding drivers and passengers with disabilities. However, the 
agency concluded that it is not necessary to make any changes to the 
information collection based on those broad issues not addressed in 
this ICR.
    In a March 15, 2022 final rule (87 FR 14406), NHTSA provided a make 
inoperative exemption to rental companies to make inoperative a knee 
bolster air bag in order to permit the installation of hand controls to 
accommodate persons with physical disabilities. Regarding rental 
vehicles, NHTSA solicited comment on a proposed modification to this 
collection of information as part of a Supplemental Notice of Proposed 
Rulemaking (SNPRM) published on December 28, 2020 (85 FR 84281). NHTSA 
received comments opposing a proposed requirement that a copy of a 
disclosure that the vehicle may no longer comply with all applicable 
FMVSSs be required to be provided in a modified rental vehicle be 
separately provided to a renter at the time of transaction and be 
retained by the rental company for a period of five years. As part of 
the SNPRM, NHTSA assumed that this would result in an estimated 
information collection burden of 1,333 hours (10 respondents x 400 
responses per respondent x 0.333 hours to annotate the invoice).
    NHTSA received eight comments on this proposed requirement. Five 
commenters supported the requirement. One commenter argued that this 
requirement was unnecessary because renters would already likely know 
that the vehicle would not comply with the FMVSSs. Two commenters, 
Enterprise Holdings Inc., and the American Car Rental Association 
opined that this requirement would result in significant expense. After 
considering these comments, NHTSA determined that this separate 
notification was unnecessary and duplicative of the disclosure that 
would be required to be placed in the vehicle itself. This change 
eliminated the entire proposed hour burden associated with the make 
inoperative exemptions, as they apply to rental companies.
    Title: Exemption for the Make Inoperative Prohibition to 
Accommodate People With Disabilities.
    OMB Control Number: 2127-0635.
    Form Number: This collection of information uses no standard form.
    Type of Request: Reinstatement of a previously approved collection 
of information.
    Type of Review Requested: Regular.
    Length of Approval Requested: Three (3) years from date of 
approval.
    Summary of the Collection of Information:
    The National Traffic and Motor Vehicle Safety Act (49 U.S.C. 
chapter 301) authorizes NHTSA to issue Federal motor vehicle safety 
standards (FMVSS) applicable to new motor vehicle and new items of 
motor vehicle equipment. In addition to regulating the manufacture and 
sale of new motor vehicles and items of motor vehicle equipment, the 
act also prohibits certain regulated entities from knowingly making 
inoperative a part of a device or element of design installed on or in 
a motor vehicle or motor vehicle in

[[Page 56149]]

compliance with an applicable FMVSS (49 U.S.C. 30122). The statute 
authorizes the Secretary of Transportation (NHTSA) to prescribe 
regulations to exempt a regulated entity from the make inoperative 
provision if such an exemption is consistent with motor vehicle safety 
(49 U.S.C. 30122(c)(1)).
    On February 27, 2001, NHTSA published a final rule (66 FR 12638) to 
facilitate the modification of motor vehicles so that persons with 
disabilities can drive or ride in them as passengers. In that final 
rule, the agency issued a limited exemption from a statutory provision 
that prohibits specified types of commercial entities from either 
removing safety equipment or features installed on motor vehicles 
pursuant to the Federal motor vehicle safety standards or altering the 
equipment or features to adversely affect their performance. The 
exemption is limited in that it allows repair businesses to modify only 
certain types of FMVSS-required safety equipment and features, under 
specified circumstances. The regulation is found at 49 CFR part 595 
subpart C, ``Vehicle Modifications to Accommodate People with 
Disabilities.'' The regulation includes three collections of 
information: (1) a requirement for modifiers to submit identification 
information to NHTSA; (2) a requirement for modifiers to provide a 
document to the owner of the modified vehicle stating the exemptions 
used for that vehicle and any reduction in load carrying capacity of 
the vehicle of more than 100 kg (220 lbs); and (3) a requirement for 
rental companies and modifiers to retain a copy of the information 
provide to the owner or renter of the modified vehicle for five years.
    Description of the Need for the Information and Proposed Use of the 
Information:
    Commercial entities that modify vehicles after the first retail 
sale and wish to use the exemptions offered under this rule are 
required to provide NHTSA with their identification information. The 
registration involves a one-time submission using NHTSA's online 
Manufacturer Portal \1\ containing only the name, address, and 
telephone number of the modifier and a prescribed statement that they 
will modify vehicles for persons with disabilities and intend to avail 
themselves of the exemptions. Any changes in the identification 
information must be conveyed to the agency within 30 days. The required 
information may be submitted using NHTSA's online Manufacturer 
Portal.\2\ This information will be used by the agency to track 
entities involved in vehicle modification for persons with disabilities 
and is available to the public on NHTSA's website.
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    \1\ NHTSA's Manufacturer's Portal is found at https://vpic.nhtsa.dot.gov/mfrportal/.
    \2\ Id.
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    Modifiers must also provide each customer whose vehicle 
modification involves the use of the make inoperative exemptions with a 
list of the exemptions used in the process of modifying that 
vehicle.\3\ The simplest form of this document is an annotated invoice. 
No specific or special forms are required. A copy of this document must 
also be retained by the modifier for five years. This document will be 
used by the consumer to understand the modifications made to his/her 
vehicle and their effect on vehicle safety. Similarly, rental companies 
are required to retain documents related to the modification for a 
period of five years. It may be requested by NHTSA in the event of an 
inquiry about the safety of the modified vehicles.
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    \3\ 49 CFR 595.7(b) and (e).
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    Affected Public: Motor vehicle repair business and rental 
companies.
    Estimated Number of Respondents: 765.
    For this estimate, NHTSA assumed that there are 900 businesses 
making vehicle modifications for people with disabilities, and 85 
percent of these (i.e., 765 businesses) will elect to use the 
exemptions available under the rule.
    Frequency: On occasion (e.g., a customer demands a vehicle 
modification to accommodate people with disabilities, or a company 
decides to become an adaptive vehicle modification business or changes 
its identification information).
    Estimated Total Annual Burden Hours: 1,432.
    This ICR is for three information collections. We estimate the 
total burden hours for this ICR to be 1,432. The burden hours for the 
three information collections were calculated as follows:

Information Collection 1: Requirement To Submit Identification 
Information to NHTSA To Use the Exemptions

    NHTSA estimates that compiling and submitting the identification 
information will take approximately 10 minutes. NHTSA estimates that 
there are approximately 900 businesses making vehicle modifications for 
persons with disabilities in the United States and that 85 percent of 
these, or 765 businesses, will elect to use the exemptions available 
under the rule. After the initial registration (which occurred in 
2001), NHTSA estimates that 90 businesses will either need to change 
their information or become new registrants who elect to use the 
exemptions each year. Therefore, NHTSA estimates the total burden hours 
associated with submitting new or updated identification information is 
15 hours (90 business x 10 minutes).
    To calculate the labor cost associated with submitting modifier 
identification information, NHTSA looked at wage estimates for the type 
of personnel involved with compiling and submitting the information. 
The Bureau of Labor Statistics (BLS) estimates that the average hourly 
wage for ``General Office Clerks'' (BLS Occupation code 43-9061) is 
$16.98.\4\ The Bureau of Labor Statistics estimates that private 
industry workers' wages represent 70.4% of total labor compensation 
costs.\5\ Therefore, NHTSA estimates the hourly labor costs to be 
$24.12 for ``General Office Clerks'' (BLS Occupation code 43-9061). 
NHTSA estimates the total labor cost associated with the 15 burden 
hours (For submitting modifier identification by ``office clerks'') to 
be approximately $362. (15 x $24.12 = $361.80.)
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    \4\ See May 2020 National Occupational Employment and Wage 
Estimates, United States, available at https://www.bls.gov/oes/current/oes_nat.htm.
    \5\ See Table 1. Employer Costs for Employee Compensation by 
ownership (Mar. 2021), available at https://www.bls.gov/news.release/ecec.t01.htm.
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Information Collection 2: Requirement To Provide a Document to the 
Owner of the Modified Vehicle

    The second information collection in part 595 is the requirement to 
provide a disclosure to the vehicle owner. This disclosure is made with 
each vehicle modified using exemptions under part 595. In the final 
rule, we anticipated that the least costly way for a repair business to 
comply with this portion of the new rule would be to annotate the 
vehicle modification invoice as to the exemption, if any, involved with 
each item on the invoice. The cost of preparing the invoice is not a 
portion of our burden calculation, as that preparation would be done in 
the normal course of business. Additionally, NHTSA's burden estimate 
does not include an estimate for the time to gather the information 
required for the disclosure as it is assumed that this information 
would be gathered in the normal course of vehicle modification. 
Instead, NHTSA estimates that the only extra burden would be incurred 
for calculation of the reduction in loading-carrying capacity and 
annotating the information on the invoice. NHTSA estimates the time 
needed to annotate

[[Page 56150]]

the invoice is 20 minutes. NHTSA estimates that there are approximately 
4,250 vehicles modified under exemptions provided by 49 CFR 595.7 each 
year. Therefore, NHTSA estimates the total burden associated with 
providing disclosures to vehicle owners is 1,417 hours (20 minutes x 
4,250 vehicles = 1,416.67 hours).
    To calculate the labor cost associated with the 1,417 burden hours 
for the disclosure document requirement, NHTSA looked at the average 
hourly wage for ``Mechanical Engineering Technicians'' (BLS Occupation 
code 17-3027). With the BLS's average hourly wage of $28.00 (which 
represents 70.4% of total compensation according to the Bureau of Labor 
Statistics), NHTSA estimates the hourly labor costs to be $39.78 for 
``Mechanical Engineering Technicians (BLS Occupation code 17-3027). 
Therefore, NHTSA estimates the total labor cost associated with the 
1,417 burden hours (for providing disclosure documents to vehicle 
owners by ``engineering technicians'') to be $56,368 (1,417 x $39.78 = 
$56,368.28).

Information Collection 3: Retaining a Copy of the Document Provided to 
Vehicle Owners

    NHTSA estimates that there are no additional burden hours 
associated with the requirement to retain a copy of the disclosures 
provided to vehicle owners. Similarly, NHTSA estimates that there is no 
burden beyond the ordinary course of business associated with the 
requirement that rental companies retain records related to the 
modification for a period of five years. Accordingly, there are also no 
labor costs associated with this requirement.
    Table 1 provides a summary of the estimated burden hours and labor 
costs associated with this collection of information request.

                                                                Table 1--Burden Estimates
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                                                                                   Estimated
                                                                    Annual        burden per        Average     Labor cost per     Total     Total labor
                                                                submissions or    submission     hourly labor     submission       burden       costs
                                                                   responses       (minutes)         cost                          hours
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Modifier identification.......................................              90              10          $24.12           $4.02           15         $362
Disclosure document (to vehicle owners).......................           4,250              20           39.78           13.26        1,417       56,368
Retention of a copy of document provided to vehicle owner.....           4,250               0             N/A            0.00            0         0.00
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    Annual total burden hours & labor costs...................  ..............  ..............  ..............  ..............        1,432       56,730
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    Estimated Total Annual Burden Cost: NHTSA estimates that there are 
no additional costs associated with this information collection 
request. There will be no additional material cost associated with 
complying with this requirement because no additional materials need to 
be used except those used to prepare the invoice in the normal course 
of business. We are assuming that it is normal and customary in the 
course of vehicle modification business to prepare an invoice, to 
provide a copy of the invoice to the vehicle owner, and to keep a copy 
of the invoice for five years after the vehicle is delivered to the 
owner in finished form.
    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 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 1.95, 501.5 and 501.8; and DOT Order 1351.29.

Milton E. Cooper,
Director, Rulemaking Operations.
[FR Doc. 2022-19561 Filed 9-12-22; 8:45 am]
BILLING CODE 4910-59-P