[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20608-20610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07123]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2023-0015]


Agency Information Collection Activities; Notice and Request for 
Comment; Automated Vehicle Transparency and Engagement for Safe Testing 
(AV TEST) Initiative

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

ACTION: Notice and request for comments on a request for approval for 
extension with modification of a currently approved information 
collection.

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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 an extension of a 
currently 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. This document 
describes an existing collection of information for NHTSA's Automated 
Vehicle Transparency and Engagement for Safe Testing (AV TEST) 
Initiative for which NHTSA intends to seek renewed OMB approval. The AV 
TEST Initiative involves the voluntary collection of information from 
entities testing vehicles equipped with automated driving systems (ADS) 
and from States and local authorities involved in the regulation of ADS 
testing. The purpose of this collection is to provide information to 
the public about ADS testing operations in the U.S. and applicable 
State and local laws, regulations, and guidelines.

DATES: Comments must be submitted on or before June 5, 2023.

ADDRESSES: You may submit comments identified by the Docket No. DOT-
NHTSA-2023-0015 through any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-140, 
Washington, DC 20590, between 9:00 a.m. and 5:00 p.m., Monday through 
Friday, except on Federal holidays.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 
9:00 a.m. and 5:00 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.
     Instructions: All submissions must include the agency name 
and docket number for this proposed collection of information. 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. To be sure someone is there to help you, 
please call (202) 366-9322 before coming. Follow the online 
instructions for accessing the dockets via internet.

FOR FURTHER INFORMATION CONTACT: For additional information or access 
to background documents, contact Chris Wiacek, Office of Data 
Acquisition, (NSA-100), Room W53-478, 1200 New Jersey Avenue SE, 
Washington, DC 20590. Mr. Wiacek's telephone number is (202) 366-4801.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, 
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

[[Page 20609]]

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: (i) 
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; (ii) 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; (iii) how to enhance the quality, utility, and clarity of the 
information to be collected; (iv) 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:
    Title: Automated Vehicle Transparency and Engagement for Safe 
Testing (``AV TEST'') Initiative.
    OMB Control Number: 2127-0748.
    Type of Request: Request for approval of an existing information 
collection.
    Type of Review Requested: Regular.
    Affected Public: There are two information collection components to 
this request. The first affects entities engaged in testing of ADS 
vehicles, including original manufacturers of ADS vehicles and ADS 
vehicle equipment, and operators of ADS vehicles. The second affects 
local authorities regulating testing of ADS vehicles within their 
jurisdictions, including States, cities, counties, and other 
municipalities.
    Request Expiration Date of Approval: Three years from date of 
approval.
    Summary of the Collection of Information: The U.S. Department of 
Transportation (DOT), National Highway Traffic Safety Administration 
(NHTSA) was established by Congress to save lives, prevent injuries, 
and reduce economic costs due to motor vehicle crashes through 
education, research, safety standards, and enforcement activity. DOT 
and NHTSA are fully committed to reaching an era of crash-free roadways 
through the deployment of innovative lifesaving technologies. The 
prevalence of automotive crashes in the United States underscores the 
urgency to develop and deploy lifesaving technologies that can 
dramatically decrease the number of fatalities and injuries on our 
Nation's roadways. NHTSA believes that Automated Driving System (ADS) 
technology, including technology contemplating no human driver at all, 
has the potential to significantly improve roadway safety in the United 
States. This technology remains substantially in development phases 
with companies across the United States performing varying levels of 
development, research, and testing relating to the performance of 
various aspects of ADS vehicle technologies. While much of these 
development operations occur in private facilities and closed-course 
test tracks, many stakeholders have progressed to conducting ADS 
vehicle testing on public roads or in public demonstrations. Moreover, 
to regulate such operations in their jurisdictions, many local 
authorities, such as States and cities, have passed laws governing ADS 
vehicle testing on public roads. These statutes, regulations, and 
ordinances vary, ranging from operational requirements to mandating the 
submission of periodic reports detailing ADS vehicle operation.
    Description of the Need for the Information and Use of the 
Information: The AV TEST Initiative seeks to enhance public education 
and engagement with public ADS vehicle testing by coalescing 
information regarding respondents' various testing operations or 
requirements into a centralized resource. This information collections 
seeks voluntarily-provided information from entities performing ADS 
testing about their operations and information from local authorities 
about requirements or recommendations for such operations. NHTSA 
maintains a digital platform on its website that collects information 
from respondents and makes the information about ADS operations and 
applicable State and local requirements and recommendations available 
to members of the public.
    The program supports two main objectives. The first objective is to 
provide the public with access to geographic visualizations of testing 
at the national, State, and local levels. This information is displayed 
on a graphic of the United States, with projects overlaid on the 
geographic areas in which the testing project is taking place. By 
clicking on a testing location, members of the public will be able see 
additional information about the operation and the ADS operator. 
Additional information may include basic information about the ADS 
operator, a brief statement about the entity, specific details of the 
testing activity, high-level (non-confidential) descriptions of the 
vehicles and technology, photos of the test vehicles, the dates on 
which testing occurs, frequency of vehicle operations, the number of 
vehicles participating in the project, the specific streets or areas 
comprising the testing routes, information about safety drivers and 
their training, information about engagement with the community and/or 
local government, weblinks to the company's websites with brief 
introductory statements, and a link to the company's Voluntary Safety 
Self-Assessment.\1\
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    \1\ Voluntary Self-Assessments are described in Automated 
Driving Systems 2.0: A Vision for Safety, available at https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13069a-ads2.0_090617_v9a_tag.pdf. VSSAs are covered by the PRA Clearance 
with OMB Control Number 2127-0723.
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    The second objective is to provide members of the public with 
information collected from States and local authorities that regulate 
ADS operations. State and local authorities are asked to provide 
weblinks for specific ADS-related topics, such as statutes, 
regulations, or guidelines for ADS operations, privacy-related issues, 
emergency response policies and training, or other activities that 
cultivate ADS testing. This program provides a central resource for the 
aforementioned information concerning ADS testing across the United 
States.
    Estimated Number of Respondents: NHTSA anticipates that the 
Initiative could expand to include up to 35 State or local government 
respondents and 40 ADS developer, ADS vehicle manufacturer, or ADS 
operator respondents per year.
    Frequency: Participation is completely voluntary and each 
participant will choose its respective degree of involvement and the 
frequency of its submissions. Therefore, the frequency of a 
participant's response may vary due to a variety of factors, such as 
the degree of the entity's participation in the initiative or the 
frequency with which each entity modifies its ADS testing operations 
or, in the case of local authorities, amends its regulations governing 
such operations.
    Estimated Total Annual Burden Hours: NHTSA estimates that the 
annual burden of participation will be approximately 48 hours for 
private industry respondents that include ADS operators, developers, or 
vehicle manufacturers. This total number of hours represents 
approximately four hours per month to perform data entry for testing 
projects (4 hours x 12 months = 48). Therefore, for the estimated 40

[[Page 20610]]

ADS operator participants, the total burden is estimated to be 1,920 
hours per year (40 respondents x 48 hours).
    NHTSA estimates that each State or local authority respondent would 
spend approximately 10 hours responding to this collection. Therefore, 
for the estimated 35 State or local authority participants, the total 
burden is estimated to be 350 hours per year.
    The total burden for the entire information collection request is 
estimated to be 2,270 hours (1,920 hours + 350 hours). The total burden 
hours have been reduced from the original estimate of 2,520 when the 
agency first sought approval for this information collection because of 
the lower estimated participation. However, the agency believes the 
annual hours per respondent has not changed.
    The labor cost associated with this collection of information is 
derived by (1) applying the appropriate average hourly labor rate 
published by the Bureau of Labor Statistics, (2) dividing by either 
0.705 \2\ (70.5%), for private industry workers, or 0.619 (61.9%), for 
state and local government workers, to obtain the total cost of 
compensation, and (3) multiplying by the estimated burden hours for 
each respondent type.
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    \2\ See Table 1. Employer Costs for Employee Compensation by 
ownership (Sep. 2022), available at https://www.bls.gov/news.release/ecec.t01.htm (accessed March 14, 2023).
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    Labor costs associated with original manufacturers of ADS Vehicles 
or ADS vehicle equipment and operators of ADS vehicles are estimated to 
be $60.48 per hour for ``Project Management Specialists,'' Occupation 
Code 13-1082, ($42.64 \3\ per hour / 0.705). The labor cost per private 
industry respondent for each year for development and submission of 
information is estimated to be $2,903.04 ($60.48 x 48 hours). 
Therefore, the total annual labor cost for private industry to 
participate in the AV TEST Initiative is estimated to be $116,121.60 
($2,903.04 x 40 respondents).
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    \3\ See May 2021 National Industry-Specific Occupational 
Employment and Wage Estimates.
    NAICS 336100--Motor Vehicle Manufacturing, available (accessed 
March 14, 2023).
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    Labor costs associated with local and regional authorities, such as 
states, counties, and cities are estimated to be $66.79 per hour for 
``Legal Support Workers,'' Occupation Code 23-2099, ($41.34 \4\ per 
hour / 0.619). The labor cost per regional authority respondent for 
each year for development and submission of information is estimated to 
be $667.90 ($66.79 x 10 hours). Therefore, the total annual labor cost 
for regional authorities to participate in the AV TEST Initiative is 
estimated to be $23,376.50 ($667.9 x 35 respondents).
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    \4\ See May 2021 National Occupational Employment and Wage 
Estimates by ownership.
    Federal, state, and local government, including government-owned 
schools and hospitals and the U.S. Postal Service, available at 
https://www.bls.gov/oes/current/999001.htm#23-0000 (accessed March 
14, 2023).
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    The total annual labor costs for all respondents, private industry 
and regional authorities together, are estimated to be $139,499 
($116,122 + $23.377). See Table 1 below for a summary of estimated 
burden hours and estimated labor costs.

                                          Table 1--Summary of Estimated Burden Hours and Estimated Labor Costs
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                                                                                   Annual                  Annual labor
                        Respondent type                            Number of      hours per    Labor cost    cost per    Total estimated   Total annual
                                                                  respondents    respondent     per hour    respondent     burden hours     labor costs
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Original Manufacturer of ADS Vehicles or ADS Vehicle Equipment              40            48       $60.48     $2,903.04            1,920        $116,122
 and Operators of ADS Vehicles................................
State or Local Authority......................................              35            10        66.79       667.900              350          23,377
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    Total All Respondents.....................................              75  ............  ...........  ............            2,270         139,499
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    Estimated Total Annual Burden Costs: NHTSA estimates that there 
will be no costs to respondents other than costs associated with burden 
hours.
    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.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 
35, as amended; 49 CFR 1.49; and DOT Order 1351.29.

Chou-Lin Chen,
Associate Administrator, National Center for Statistics and Analysis.
[FR Doc. 2023-07123 Filed 4-5-23; 8:45 am]
BILLING CODE 4910-59-P