[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Notices]
[Pages 62496-62498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22297]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0034]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Compliance 
Labeling Warning Devices

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

ACTION: Notice and request for public comment on the reinstatement of a 
previously approved collection of information.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this 
notice announces that the Information Collection Request (ICR) 
summarized below, regarding the reinstatement of a previously approved 
collection of information on Federal Motor vehicle Safety Standard 
(FMVSS) No. 125, will be submitted to the Office of Management and 
Budget for review and approval. The ICR describes the labeling 
requirement for warning devices and its expected burden. A Federal 
Register Notice with a 60-day comment period soliciting comments on the 
following information collection was published on May 3, 2022. No 
comments were received.

DATES: Comments must be submitted on or before November 14, 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 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. 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 
OMB.
    A Federal Register notice with a 60-day comment period soliciting 
public comments on the following information collection was published 
on May 3, 2022 (87 FR 26253).
    Title: 49 CFR 571.125. Standard No. 125; Warning devices, 
Compliance Labeling of Warning Devices.
    OMB Control Number: 2127-0506.
    Type of Request: Reinstatement of a previously approved 
information.
    Type of Review Requested: Regular.
    Length of Approval Requested: Three years from date of approval.
    Summary of the Collection of Information: The National Traffic and 
Motor Vehicle Safety Act of 1966, 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. 49 
U.S.C. 30115 (https://www.govinfo.gov/link/uscode/49/30115) 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 
(https://www.govinfo.gov/link/uscode/49/30117), 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

[[Page 62497]]

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.
    Number of Responses: 4,3200,000.
    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.
    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 $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.
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    \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
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                                                                        Estimated
                                                                       annual hour     Average hourly    Annual labor     Total annual     Total annual
                       Number of  respondents                           burden per       labor cost        cost per       burden hours     labor costs
                                                                        respondent                        respondent
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3..................................................................          1 hour       $34.67 \2\           $34.67                3          $104.01
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    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. 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

[[Page 62498]]

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
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                                     Estimated                                                     Total annual
                                      annual         Number of     Annual  cost      Number of     cost  burden
                                   depreciation      molds per          per         respondents         all
                                   cost per mold    respondent      respondent                      respondents
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Die Mold Cost...................         $333.33               4       $1,333.33               3       $4,000.00
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                                   Annual number   Annual number     Annual cost       Number of    Total annual
                                   of labels (m)   of labels per  per respondent     respondents     cost burden
                                                  respondent (m)                                             all
                                                                                                     respondents
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Material Cost...................            4.32            1.44           25.00               3           75.00
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    Total Costs.................  ..............  ..............        1,358.33  ..............        4,075.00
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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 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 1.49; and DOT Order 1351.29.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2022-22297 Filed 10-13-22; 8:45 am]
BILLING CODE 4910-59-P