Agency Information Collection Activities; Notice and Request for Comment; Incident Reporting for Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance Systems (ADAS)
| Published date | 30 September 2021 |
| Record Number | 2021-21203 |
| Section | Notices |
| Court | National Highway Traffic Safety Administration |
Federal Register, Volume 86 Issue 187 (Thursday, September 30, 2021)
[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54287-54291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21203]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0070]
Agency Information Collection Activities; Notice and Request for
Comment; Incident Reporting for Automated Driving Systems (ADS) and
Level 2 Advanced Driver Assistance Systems (ADAS)
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for comments on a request for extension 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, including
extensions and reinstatements of previously approved collections. This
document describes NHTSA's information collection for incident
reporting requirements for Automated Driving Systems (ADS) and Level 2
Advanced Driver Assistance Systems (ADAS). NHTSA recently requested
emergency review of its request for approval of this information
collection and received a six-month approval. NHTSA now intends to
follow the normal clearance procedures and request OMB's approval for a
three-year extension of this currently approved information collection.
DATES: Comments must be submitted on or before November 29, 2021.
ADDRESSES: You may submit comments identified by the Docket No. NHTSA-
2021-0070 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, 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 Jeff Eyres, Office of Chief Counsel,
telephone (202) 913-4307, or email at [email protected], U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC
20590.
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 (including a request for
an extension of a currently approved collection), 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 (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 extension of a
currently approved collection of information, for which the agency is
seeking approval from OMB.
Title: Incident Reporting for Automated Driving Systems (ADS) and
Level 2 Advanced Driver Assistance Systems (ADAS).
OMB Control Number: 2127-0754.
Form Number(s): Form 1612.
Type of Request: Approval of an extension of a currently 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 currently approved
information collection request (ICR) for which NHTSA intends to request
an extension requires certain manufacturers of motor vehicles and
equipment and operators of motor vehicles to submit incident reports
for certain crashes involving Automated Driving Systems (ADS) and Level
2 Advanced Driver Assistance Systems (ADAS). These crash reporting
obligations are set forth in NHTSA's Standing General Order 2021-01
(General Order), which requires those manufacturers and operators named
in and served with the General Order to report crashes that meet
specified criteria to NHTSA.\1\
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\1\ A copy of the General Order is available on NHTSA's website
at https://www.nhtsa.gov/laws-regulations/standing-general-order-crash-reporting-levels-driving-automation-2-5.
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Specifically, the General Order requires the named manufacturers
and operators (the reporting entities) to submit reports if they
receive notice of certain crashes involving an ADS or Level 2 ADAS
equipped vehicle that
[[Page 54288]]
occur on publicly accessible roads in the United States. To be
reportable, the vehicle, the ADS, or the Level 2 ADAS must have been
manufactured by the reporting entity or the vehicle must have been
operated by a reporting entity at the time of the crash, and the ADS or
Level 2 ADAS must have been engaged at the time of or immediately
before (https://www.dmv.ca.gov/portal/vehicle-industry-services/autonomous-vehicles/autonomous-vehicle-collision-reports/.
\4\ NHTSA chose to use the 2019 data instead of using data from
2020 or an average of the two years because of the impact of the
COVID-19 health emergency on ADS operations. We note that this is
overinclusive because reports are only due to NHTSA when the ADS was
in operation shortly before or during the crash.
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Based on NHTSA's review of the California crash reports, NHTSA
believes that about half of the ADS crashes will be submitted in
monthly reports, with the other half of crashes being submitted within
one day. Therefore, NHTSA estimates that 100 ADS crash reports a year
will be submitted within one day. NHTSA estimates that each ADS crash
report will take 2 hours to complete and submit, including the time to
submit updated reports. Therefore, NHTSA estimates the burden per
respondent to be 2 hours (1 crash report x 2 hours) and 200 hours for
all respondents (100 ADS crash reports x 2 hours).
Updates to incident reports involving ADS that must be submitted
within ten days. In addition to submitting information on certain ADS
crashes within one day, manufacturers and operators must also submit
updated information within ten days. NHTSA
[[Page 54290]]
estimates that updating the crash reports will take approximately 1
hour per report. Therefore, NHTSA estimates that it will take each
manufacturer approximately 1 hour each year to submit updated ADS crash
reports and 100 hours for all ADS manufacturers and operators (1 hour x
100 crash reports).
Monthly reports. This information collection requires respondents
to submit monthly reports. ADS manufacturers and operators must report
crashes in these monthly reports that are reportable but were not
required to be submitted within one day. Additionally, both ADS
manufacturers and operators and ADAS manufacturers will be required to
submit information in monthly reports if they receive new material or
materially different information about crashes for which the respondent
already submitted reports (via one-day reports, 10-day update reports,
or prior monthly reports). Further, as explained above, manufacturers
and operators of ADS-equipped vehicles and Level 2 ADAS vehicles are
required to submit monthly reports even when they do not have any new
or updated crash reports under Request No. 2 or Request No. 3 to
submit. If they do not have any reportable information under Requests
Nos. 2 or 3, their monthly report is a simple certification. To
estimate the burden of monthly reports, NHTSA considered the burden for
monthly reports with initial ADS crash reports, monthly reports with
updates to previously submitted crash reports, and those with
certifications of no reportable information. NHTSA estimates there will
be 110 Level 2 ADAS and ADS vehicle manufacturers and operators that
will be required to submit monthly reports each year, for a total of
1,320 monthly reports annually.
NHTSA estimates that the burden for preparing and submitting
monthly reports will vary depending on whether the monthly report
includes no reportable information, new reportable information, or
updates to previously submitted information. Some of these respondents
may be required to submit only information about ADS crashes or Level 2
ADAS crashes and some may be required to submit information about both
types of crashes. NHTSA estimates that because ADS equipped vehicles
are often operated in small, controlled fleets, the reporting entities
will readily know whether there have been any crashes that must be
reported to NHTSA. Level 2 ADAS vehicles, however, are typically
produced by large manufacturers and operated by consumers. Therefore,
NHTSA estimates that each monthly report submitted by an ADS
manufacturer or operator will take 15 minutes to submit, and for ADS
manufacturers that have no reportable information to submit, this will
be the only burden associated with submitting the monthly report. For
manufacturers that also produce ADAS Level 2 vehicles, NHTSA estimates
that submitting monthly reports will take 2 hours, which allow the
manufacturer to verify whether the manufacturers have received any
reportable information. NHTSA estimates that there will be 90 ADS
manufacturers and operators and 20 manufacturers of Level 2 ADAS
vehicles each year (including manufacturers that produce both Level 2
ADAS vehicles and ADS vehicles). Therefore, NHTSA estimates that
annually respondents will spend 750 hours preparing and submitting
monthly reports not including burden associated with providing new or
updated reportable information (90 ADS manufacturers and operators x 12
monthly reports x 0.25 hours = 270 hours; 20 Level 2 ADAS manufacturers
x 12 monthly reports x 2 hours = 480 hours; 270 + 480 = 750).
As described above, NHTSA estimates that there will be 200 ADS
crash reports each year and 100 of those will be required to be
submitted within one business day. The remaining 100 ADS crash reports
will be submitted via monthly reports. NHTSA estimates that preparing
and submitting monthly reports that contain crash reports to take, on
average, 2 hours to prepare and submit. Therefore, NHTSA estimates the
burden associated with preparing and submitting ADS crash report
information that will be submitted in monthly reports to be 200 hours
(100 monthly reports x 2 hours).
In addition to submitting information about new ADS crashes in
monthly reports, respondents also are required to submit updated
information in the following month if any new material or materially
different information about any ADS or Level 2 ADAS incident is
received. NHTSA estimates that for 20% of ADS crashes first reported in
a monthly report (i.e., not a one-day report), respondents will need to
submit updated information. For ADS and Level 2 ADAS crashes that are
reported within one business day, NHTSA estimates that respondents will
need to submit updated information in monthly reports for 5% of those
crashes (these would be updates in addition to those reported within
ten days). Therefore, NHTSA estimates that 195 monthly reports will
include updated crash information (100 ADS crashes first reported in
monthly reports x 0.2 = 20 3,400 Level 2 ADAS one-day crashes x 0.05 =
170; 100 ADS one-day crashes x 0.05 = 5; 20 + 170 + 5 = 195). NHTSA
estimates that providing updated information within a monthly report
will take 1 hour. Therefore, NHTSA estimates the burden for monthly
reports with updated information to be 195 hours (195 monthly reports x
1 hour).
The total burden associated with monthly reports is estimated to be
1,145 hours (750 hours + 200 hours + 195 hours), which averages to
about 10.4 hours per respondent.
Training employees on the requirements. In addition to the burden
associated with preparing and submitting reports, any new reporting
entities added to the General Order are also expected to incur burden
associated with training employees on the reporting requirements. As
explained above, the existing 108 reporting entities named in the
General Order will not incur this burden during the requested
extension. NHTSA estimates that there will be an average of seven new
reporting entities added to the General Order each year during the
proposed extension, that an average of five of these new reporting
entities will be ADS manufacturers or operators and that an average of
two of these new reporting entities will be Level 2 ADAS manufacturers.
NHTSA expects that ADS manufacturers and operators normally monitor
all crashes and, therefore, will not need to train personnel on how to
respond to this new information collection. NHTSA, however, does expect
that some Level 2 ADAS manufacturers may need to spend time training
personnel on the requirements. Although the amount of time may vary by
manufacturer, NHTSA estimates that, on average, the two Level 2 ADAS
manufacturers will spend 40 hours on training. Therefore, NHTSA
estimates the total annual burden for training to be 80 hours (2
manufacturers x 40 hours).
Time to set up an account to submit the reports. NHTSA also
estimates that new responding entities added to the General Order
during the proposed extension period will need to set up a new account
with NHTSA to allow them to submit reports. NHTSA estimates that each
of the estimated average of 10 responding entities added to the General
Order annually need to set up new accounts with NHTSA. NHTSA estimates
that setting up an account will take 2 hours. Therefore, NHTSA
estimates the total annual burden to be 20 hours.
[[Page 54291]]
NHTSA estimates the total annual burden hours for the seven
components of this ICR to be 11,745 hours (6,800 hours for initial one-
day Level 2 ADAS reports, 3,400 hours for updated one-day Level 2 ADAS
reports, 200 hours for initial one-day ADS reports, 100 hours for
updated ADS reports, 945 hours for monthly reports, 80 hours for
training, and 20 hours for setting up new accounts).
To calculate the labor cost associated with preparing and
submitting crash reports and reports, training, and setting up new
accounts, NHTSA looked at wage estimates for the type of personnel
involved with these activities. NHTSA estimates the total labor costs
associated with these burden hours by looking at the average wage for
architectural and engineering managers in the motor vehicle
manufacturing industry (Standard Occupational Classification # 11-
9041). The Bureau of Labor Statistics (BLS) estimates that the average
hourly wage is $65.62.\5\ The Bureau of Labor Statistics estimates that
private industry workers' wages represent 70.4% of total labor
compensation costs.\6\ Therefore, NHTSA estimates the hourly labor
costs to be $93.21. Accordingly, NHTSA estimates the total labor cost
associated with the 11,745 burden hours to be $1,168,760.
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\5\ See May 2020 National Industry-Specific Occupational
Employment and Wage Estimates, NAICS 336100--Motor Vehicle
Manufacturing, available at https://www.bls.gov/oes/current/naics4_336100.htm#15-0000 (accessed June 21, 2021).
\6\ See Table 1. Employer Costs for Employee Compensation by
ownership (Mar. 2021), available at https://www.bls.gov/news.release/ecec.t01.htm (accessed June 21, 2021).
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Table 1 provides a summary of the estimated burden hours and labor
costs associated with those submissions.
Table 1--Burden Estimates
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Estimated
Number of burden per
Description of information responses response Average Labor cost per Total burden
collection component (number of (burden per hourly labor response hours Total labor costs
respondents) respondent) cost
(hours)
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Level 2 ADAS one-day reports, 3,400 (20) 2 (340) $93.21 $186.42 6,800 $633,828.
initial.
Level 2 ADAS one-day reports, update 3,400 (20) 1 (170) 93.21 93.21 3,400 316,914.
ADS one-day reports, initial........ 100 2 93.21 186.42 200 18,642.
ADS one-day reports, update......... 100 1 93.21 93.21 100 9,321.
Monthly Reports..................... 1,320 (110) 0.87 (10.4) 93.21 80.85 1,145 106,724.45 (106,724).
Training............................ 2 (2) 40 (40) 93.21 3,728.40 80 7,456.80 (7,457).
Setting Up Account.................. 10 (10) 2 (2) 93.21 186.42 20 1,864.20 (1,864).
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Total........................... 8,320 (110) .............. .............. .............. 11,745 1,094,751.
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Estimated Total Annual Burden Cost
NHTSA does not currently know whether manufacturers will incur
additional costs, nor does NHTSA have a basis for estimating these
costs. However, in the interim, NHTSA believes manufacturers will be
able to comply with requirements by only incurring labor costs
associated with the burden hours.
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 1.49; and DOT Order 1351.29.
Ann E. Carlson,
Chief Counsel.
[FR Doc. 2021-21203 Filed 9-29-21; 8:45 am]
BILLING CODE 4910-59-P
