Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Incident Reporting for Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance Systems (ADAS)

CourtNational Highway Traffic Safety Administration,Transportation Department
Citation86 FR 74217
Publication Date29 December 2021
Record Number2021-28311
Federal Register, Volume 86 Issue 247 (Wednesday, December 29, 2021)
[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
                [Notices]
                [Pages 74217-74231]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-28311]
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                DEPARTMENT OF TRANSPORTATION
                National Highway Traffic Safety Administration
                [Docket No. NHTSA-2021-0070]
                Agency Information Collection Activities; Submission to the
                Office of Management and Budget for Review and Approval; 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: In compliance with the Paperwork Reduction Act of 1995 (PRA),
                this 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. This ICR describes NHTSA's
                information collection for incident reporting requirements for
                Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance
                Systems (ADAS) and its expected burden. NHTSA recently requested
                emergency review of its request for approval of this information
                collection and received a six-month approval. To start the normal
                clearance procedures and request OMB's approval for a three-year
                extension of this currently approved information collection, NHTSA
                published a Federal Register notice with a 60-day comment period
                soliciting comments on the information collection on September 30,
                2021. NHTSA received 14 comments on the notice, as well as four letters
                regarding the information collection that were submitted directly to
                NHTSA.
                DATES: Comments must be submitted on or before January 28, 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 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 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
                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 with modification 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:
                 NHTSA requested and received emergency review and approval of this
                information collection. NHTSA submitted the request on June 29, 2021.
                On June 30, 2021, OMB granted NHTSA a six-month approval for this
                information collection and assigned the collection the OMB control
                number 2127-0754. NHTSA is publishing this document to seek an
                extension of this information collection.
                 NHTSA is seeking approval to extend its currently approved
                information collection requiring 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) (as amended on August 5, 2021),
                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 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.merriam-webster.com/dictionary/contribute.
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                Comments on Request No. 1
                 Under Request No. 1 of the General Order, a reporting entity must
                report any crash involving an ADS or Level 2 ADAS equipped vehicle that
                occurs on publicly accessible roads in the United States, where the ADS
                or Level 2 ADAS was engaged at any time during the period 30 seconds
                prior to the crash through the end of the crash, and the crash results
                in any individual being transported to a hospital for medical
                treatment, a fatality, a vehicle tow-away, or an air bag deployment or
                involves a vulnerable road user. Under these circumstances, the
                reporting entity must submit a report within one calendar day after the
                reporting entity receives notice of the crash, and an updated report is
                due 10 calendar days after receiving notice.
                 The 10-day report utilizes the same form and requests the same
                information as the one-day report. The 10-day report is a required
                follow up to the one-day report because it is anticipated that, for
                some (if not many) of these reportable crashes, the reporting entity
                will have minimal information one calendar day after it first receives
                notice. The General Order therefore requires both the one-day report,
                to give the agency prompt notice of a crash that may justify immediate
                follow up, and the 10-day report, to provide the agency with additional
                information regarding the crash about which the reporting entity may
                later receive notice. Reporting entities use the same incident report
                form for 1-day and 10-day crashes, and no different or incremental
                information is required for the 10-day report.
                 Multiple commenters, including C_TEC, Auto Innovators, CTA, Tesla,
                Inc. (``Tesla''), the Self-Driving Coalition, and MEMA, submitted
                comments stating that the requirement in Request No. 1 that an initial
                report be submitted within one calendar day is unnecessarily
                burdensome, provides no meaningful benefit to the agency, and increases
                the likelihood of inaccurate information being submitted to the agency.
                These comments focus on both the 1-day deadline for submitting the
                incident report, which requires reporting entities to report quickly
                following the receipt of notice, and the fact that the 1-day deadline
                is one calendar day rather than one business day, which requires
                reporting entities to monitor information and, if the criteria are met,
                to submit incident reports on weekends and holidays when the deadline
                falls on these days. These comments contend that the 1-day deadline
                creates unnecessary burden because a reporting entity has limited time
                to evaluate the notice it receives, determine whether a reporting
                obligation exists, and to prepare and submit an incident report if the
                crash is determined to be reportable. Because notice of a crash may
                come on a Friday afternoon or on a weekend and because the reports may
                need to be submitted on a weekend or holiday (or during a
                manufacturer's shut-down period), there is burden resulting from the
                need to have employees working or at least ``on-call'' to review
                information and file any required reports during these periods.
                 Many of these same comments suggest that the requirement of a 10-
                day updated incident report under Request No. 1 creates unnecessary
                burden and provides minimal information of value to the agency. These
                same comments
                [[Page 74221]]
                suggest that this burden could be substantially reduced through a
                variety of different changes, including changing the deadlines from
                calendar days to business days, eliminating the 1-day report (i.e.,
                requiring only a 10-day report), combining the 1-day and 10-day reports
                into a single 5-day report, and permitting a reporting entity to
                designate an initial report as ``final'' to indicate that its
                investigation is complete.\5\
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                 \5\ Several comments noted that the deadline for reporting
                incidents in the agency's Standing General Order regarding Takata
                and ARC air bags is 5 business days. See In re EA15-001 (Takata) Air
                Bag Inflator Rupture and PE15-027 (ARC) Air Bag Inflator Rupture,
                Standing General Order 2015-01A Directed to Motor Vehicle
                Manufacturers (Aug. 17, 2015). The agency notes significant
                differences between the two general orders, including that the
                General Order 2015-01A required reporting entities to inquire with
                their foreign offices regarding air bag inflator ruptures that
                occurred outside the United States and to file reports regarding any
                such foreign incidents.
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                 The agency understands the burden imposed by the 1-day and 10-day
                reporting requirements under Request No. 1. The agency also explained
                in its 60-day notice that the 1-day deadline is necessary to ensure
                that the agency has timely notice of those crashes reportable under
                Request No. 1 and the ability to timely respond to and investigate
                crashes reportable under Request No. 1. A later deadline could impede
                the agency's ability to respond or investigate, for example, by
                deploying a Special Crash Investigation (SCI) team to inspect the
                accident scene or vehicle, and a later deadline also could result in
                the loss of valuable information that is not properly preserved. The
                agency's experience since it issued the General Order has confirmed the
                importance of timely notice. The agency also has seen that prompt
                notice is most valuable for a subset of more serious crashes,
                specifically those for which the agency is most likely to send a team
                to investigate. In order to maintain timely notice with respect to
                these more serious incidents and, at the same time, reduce the
                resulting burden on respondents, NHTSA has decided to amend Request No.
                1 of the General Order to create a new 5-day reporting category for
                some of these crashes.
                 Request No. 1 will be amended in a manner that keeps the 1-day and
                10-day reporting sequence for any crash that involves a fatality, a
                hospital treated injury, or a vulnerable road user. For those crashes
                reportable under Request No. 1 that do not involve any of those
                criteria but involve an air bag deployment or a vehicle tow-away, the
                reporting requirement will be amended to a single incident report that
                must be submitted no later than 5 calendar days after the reporting
                entity receives notice. If the fifth calendar day falls on a weekend or
                holiday, the reporting entity may file this 5-day report early (i.e.,
                before the fifth calendar day) to avoid the burden of having to file
                such a report on a weekend or holiday. For the avoidance of confusion,
                the agency makes clear that this change will not take effect until the
                General Order is formally amended to reflect this change.
                 Based on its experience with 5 months of reporting since the
                General Order was issued, the agency estimates that only 8% of the
                reports required under Request No. 1 will involve a fatality, a
                hospital treated injury, or a vulnerable road user and therefore need
                to be submitted under the 1-day and 10-day sequence. The remaining
                reports, those not involving any of those three criteria but involving
                an air bag deployment or vehicle tow-away, which NHTSA estimates to be
                92% of the reports required under Request No. 1, will require a single
                report within 5 calendar days of receiving notice. The burden estimates
                set forth below have been adjusted to reflect this forthcoming
                amendment to the General Order.
                 Aurora also submitted comments suggesting that Request No. 1 should
                be amended to reduce the starting point for the period during which the
                ADS or Level 2 ADAS system must have been engaged from 30 seconds prior
                to the initiation of a crash to 5 seconds prior to the initiation of a
                crash. The agency declines to amend Request No. 1 in this manner
                because it believes the proposed amendment could prevent the agency
                from receiving information relating to a potential safety defect and
                because the proposed amendment would not result in any meaningful
                reduction in burden.
                Comments on Request No. 2
                 Under Request No. 2 of the General Order, a reporting entity must
                report any crash involving an ADS equipped vehicle that is not
                reportable under Request No. 1, but nonetheless occurs on a publicly
                accessible road in the United States while the ADS system was engaged
                at any time during the period 30 seconds prior to the crash through the
                conclusion of the crash. As a practical matter, therefore, the
                differences between Request No. 1 and Request No. 2 are that Request
                No. 2 is limited to ADS equipped vehicles (and does not include Level 2
                ADAS equipped vehicles) and that crashes reportable under Request No. 2
                do not involve a fatality, hospital treated injury, an air bag
                deployment, a vehicle tow-away, or a vulnerable road user. Upon receipt
                of notice of a crash reportable under Request No. 2, a reporting entity
                must submit a report regarding the crash on the fifteenth day of the
                month after the reporting entity receives notice.
                 CTA and the Self-Driving Coalition submitted comments suggesting
                that Request No. 2 should be eliminated from the General Order because
                the reported incidents, which do not involve any of the criteria
                included in Request 1.C, involve less serious crashes that are unlikely
                to include any meaningful data. These same commenters suggested that,
                if Request No. 2 is not removed from the General Order, it should be
                modified to include a minimum amount of crash damage as a reporting
                threshold.
                 NHTSA disagrees with these comments. For the same reasons discussed
                above with respect to comments regarding the definition of ``crash,''
                the agency declines to amend Request No. 2.
                 The Self-Driving Coalition's comments also suggested that Request
                No. 2, which is limited to crashes involving subject vehicles equipped
                with ADS (and does not include subject vehicles equipped with Level 2
                ADAS), places a disproportionate burden on ADS manufacturers and
                operators. The agency disagrees with these comments. Given the unique
                nature of ADS and the lack of ADS equipped vehicles for consumer use
                and purchase, the agency believes that the reporting requirements in
                Request No. 2 are appropriate and are not unduly burdensome.
                Comments on Request No. 3
                 Request No. 3 requires reporting entities to submit a supplemental
                report on a previously reported incident the month after it receives
                notice of any material new or materially different information about
                the incident. This reporting obligation continues throughout the
                duration of the General Order.
                 Auto Innovators submitted comments stating that the reporting
                obligations under Request No. 3 are overly burdensome, especially due
                to the continuing nature of this obligation. These comments state that,
                pursuant to this obligation, reporting entities are required to
                separately review every incident for which a report was previously
                filed in each subsequent month to determine whether a supplemental
                report is due. For reports filed during the early months of the General
                Order, this obligation will continue throughout the three-year
                requested extension, and, with the passage of time, the number of prior
                incidents that need to be reviewed each
                [[Page 74222]]
                month will necessarily increase significantly.
                 The agency disagrees with these comments and believes they
                overstate the burden resulting from Request No. 3. The General Order
                does not require each reporting entity to review each prior report each
                month throughout the duration of the General Order. Instead, it
                requires a reporting entity that receives material new or materially
                different information regarding a crash for which it previously filed a
                report to file a supplemental report on the fifteenth day of the month
                after it receives notice of that information. The agency expects that,
                in the months immediately following the filing of an initial incident
                report, the reporting entity may need to carefully review whether it
                has received notice of information that triggers the obligation to
                submit a supplemental report under Request No. 3. With the passage of
                time, however, the agency believes that the burden resulting from
                Request No. 3 will diminish significantly. Nonetheless, the agency will
                continue to review reports submitted under Request No. 3 and evaluate
                the benefit of this information compared to the resulting burden. If
                the agency determines that this information is of little use and that
                an amendment is appropriate, it will have the benefit of the comments
                submitted and the solutions proposed.
                Comments on Request No. 4
                 Request No. 4 of the General Order requires any reporting entity
                that has not submitted a monthly incident report under Request No. 2 or
                a monthly supplemental report under Request No. 3 to submit a report
                under Request No. 4 confirming that lack of reportable information
                under Requests Nos. 2 and 3.\6\ To submit such a report, a reporting
                entity need only log onto the internet portal, select the appropriate
                type of report on the drop-down menu, and then fill in the month and
                year for which the report is submitted.\7\
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                 \6\ Although the text of the General Order is clear, the agency
                notes, to avoid any confusion or misunderstanding, that a report
                under Request No. 4 is due in ``the absence of any new or updated
                Incident Reports due under Request No. 2 and Request No. 3.''
                Request Nos. 2, 3, and 4 each involve monthly reports, and the
                General Order is structured to require at least one monthly report
                from each reporting entity each month. Request No. 1 is not a
                monthly report. Therefore, a reporting entity that files a 1-day
                and/or 10-day report under Request No. 1 during the prior month but
                not a monthly report under Request Nos. 2 or 3 is still required to
                file a monthly report under Request No. 4.
                 \7\ The month and year included in the report should be the
                month and year for which the report is confirming the lack of
                reportable information under Request Nos. 2 and 3. A report filed on
                the fifteenth day of a month should therefore include the month and
                year for the prior month, which is the period for which the report
                is confirming the lack of reportable information. A reporting
                entity, when required to submit a report under Request No. 4, need
                only file a single report under Request No. 4 in any given month. It
                is not required to file a report under Request No. 4 for each
                previously reported crash.
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                 The Association for Unmanned Vehicle Systems International
                (``AUVSI''), MEMA, and the Self-Driving Coalition submitted comments
                expressing the view that these reports, which contain no substantive
                crash information, are unnecessary, serve no useful function, and are
                therefore unnecessarily burdensome. The agency disagrees with these
                comments. The General Order is drafted in a manner to require that each
                reporting entity submit at least one monthly report (i.e., a report
                under Request No. 2, Request No. 3, or Request No. 4.) per month.\8\
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                 \8\ Because reports submitted under Request No. 1 are not
                monthly reports, a reporting entity that has submitted a report
                under Request No. 1 but not a monthly report under Request No. 2 or
                Request No. 3 is still required to submit a monthly report under
                Request No. 4.
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                 This requirement assists the agency in determining whether all the
                reporting entities are complying with their reporting requirements.
                Absent the reports required under Request No. 4, the agency would not
                know, for example, whether a reporting agency had nothing to report or
                was simply ignoring its reporting obligations. The agency also believes
                that, for some reporting entities, the obligation to file a monthly
                report in the absence of any reportable information under Request Nos.
                2 and 3 provides an important reminder of the continuing obligation to
                report crashes that meet the specified criteria.
                 The burden associated with the reports required under Request No. 4
                is minimal. A reporting entity should know, at the end of each calendar
                month, whether it is required to submit a report under Request No. 2 or
                Request No. 3. If a reporting entity has determined that is required to
                file such a report, there is no additional burden in determining that
                no report is required under Request No. 4. If the reporting entity has
                determined that it need not submit a report under Request No. 2 or
                Request No. 3, then the reporting entity need only fill in the month
                and the year for which the report is submitted under Request No. 4,
                which the agency estimates should not take more than 15 minutes per
                month. The agency therefore declines to amend the reporting
                requirements set forth in Request No. 4.
                Comments Regarding the Incident Report Form
                 The General Order requires that reporting entities submit incident
                reports using a standard Incident Report Form, an image of which is
                attached to the General Order as Appendix C. Pursuant to an August 5,
                2021 amendment to the General Order, the Incident Report Form was
                converted into an interactive web-based form, and all incident reports
                are now required to be submitted through a dedicated portal. Reporting
                entities use the same 1-page Incident Report Form for filing reports
                required to be submitted under Request Nos 1, 2, 3, and 4. To minimize
                the burden associated with this 1-page form, much of the information is
                entered through drop down menus, and the interactive form eliminates
                the need to submit information that is unnecessary or not applicable
                due to the nature of the report or a prior answer. A ``narrative''
                section requires a free text description of the accident and also
                permits the reporting entity to enter any additional information it
                believes is important for context.
                 Several comments were submitted that suggested changes to the form.
                The agency likewise has made minor clarifying changes to the form, none
                of which is expected to impact the burden associated with completing
                the form.
                 The current version of the form includes a question about whether
                the subject vehicle was, at the time of the incident, operating within
                its operating design domain (ODD) and the highest level of automation
                (SAE Levels 2, 3, 4, or 5) with which the vehicle was equipped. To
                avoid any confusion, this question will be divided into three separate
                questions: (1) Whether the vehicle was operating within its ODD at the
                time of the crash; (2) whether the vehicle was equipped with ADS; and
                (3) whether the ADS was engaged at the time of or immediately prior to
                the crash. Each reporting entity will be required to answer each of
                these questions via a drop-down menu. Reporting entities will have the
                option of designating their response to the first question as
                confidential business information, but they will not be able to
                designate their response to the second or third questions as
                confidential business information.\9\ The agency does
                [[Page 74223]]
                not believe this change adds any burden associated with filling out the
                incident report form.
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                 \9\ NHTSA has determined that the information required by the
                second and third questions does not include any potential CBI exempt
                from public disclosure under either the Safety Act (49 U.S.C.
                30167(a)) or the Freedom of Information Act (5 U.S.C. 552(b)(4)).
                The nature of the vehicle information required by these questions
                (whether the vehicle was equipped with ADS and whether the ADS was
                engaged at the time of or immediately prior to the crash) is
                generally made public by commercial entities, law enforcement
                agencies, and NHTSA. NHTSA, therefore, will not keep this
                information confidential, intends to make it publicly available, and
                is providing no assurance to reporting entities to the contrary. See
                Food Marketing Inst. v. Argus Leader Media, 139 S. Ct. 2356, 2363
                (2019).
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                 The Self-Driving Coalition submitted comments suggesting that the
                incident report form should be modified to change the question
                regarding ``Highest Injury Severity'' to ``Highest Injury Severity
                Alleged'' to reflect the unverified nature of this information. The
                agency agrees with this comment and intends to modify the form to
                incorporate this change.
                 AUVSI submitted comments suggesting that the incident report form
                should be amended to permit reporting entities to designate reportable
                crashes as preventable or not-preventable and that data from crashes
                designated as not-preventable should not be included in any aggregate
                data that is publicly released by the agency. The agency disagrees with
                this suggested change, which is contrary to the nature and purpose of
                the General Order.
                Comments Regarding Crashes for Which Multiple Reporting Entities are
                Required To Submit Reports
                 The General Order requires each reporting entity with notice of a
                crash meeting the specified criteria to submit an incident report.
                Because the General Order includes vehicle manufacturers, vehicle
                operators, and ADS and Level 2 ADAS developers (equipment
                manufacturers), the agency expects that, for certain crashes, multiple
                entities may be required to submit incident reports. For example, both
                a third-party operator and an ADS developer are likely to have notice
                of a crash involving a vehicle from the developer's test fleet that is
                being operated by the operator. Likewise, in other circumstances, both
                an ADS developer and a vehicle manufacturer are likely to receive
                notice of a crash due to commercial relationships. The agency
                established these reporting requirements intentionally, both because
                there is value in collecting information from different entities with
                different perspectives relating to a crash and because, under some
                circumstances, one entity might receive notice of a crash before the
                other entity.
                 Multiple commenters, including the Self-Driving Coalition, MEMA,
                CTA, Auto Innovators, and C_TEC were submitted suggesting that these
                ``duplicate'' reports are unnecessary and unduly burdensome. These
                comments state that there is no incremental value to collecting the
                same information from multiple sources and that coordinating the filing
                of these reports among multiple entities is unnecessarily burdensome.
                These comments further state that this burden could be lessened by
                permitting multiple entities to designate a ``primary'' report filer or
                by permitting one entity to ``tag'' others in its report to eliminate
                the need for these other reporting entities to file separate reports.
                 The agency does not believe, as some of these comments assert, that
                the General Order's current reporting requirements are ``unnecessarily
                duplicative of information otherwise reasonably accessible to the
                agency.'' 5 CFR 1320.9(b). Instead, these reporting requirements
                reflect the reality that one reporting entity may have different
                information than another reporting entity or receive notice of that
                information at a different time than another reporting entity. The fact
                that some or even all this information may be the same for multiple
                entities with respect to a given crash does not make the reporting
                requirements unnecessarily duplicative.
                 The agency is concerned that any modification of these reporting
                requirements that allows one reporting entity to tag others or allows
                multiple reporting entities to designate a primary reporting entity
                would, for the reasons explained above, frustrate the objectives of
                these reporting requirements. Any such modification could also create
                significant enforcement issues if, for example, the agency learned that
                crash information about which one reporting entity had notice was not
                included in the incident report filed by another reporting entity that
                tagged the others or had been designated by others as primary.
                 The agency also believes that the burden concerns expressed in the
                comments on this issue are over-stated and that the proposed
                modifications would not materially reduce the resulting burden. If, as
                these comments suggest, multiple reporting entities are coordinating
                the review, analysis, and reporting of crash information about which
                they receive notice prior to filing their respective reports, all of
                this activity would still be necessary even if one of these reporting
                entities tagged others or was designated as primary by others. Under
                these circumstances, the only reduction in burden would be that the
                tagged or non-primary reporting entities would no longer have to
                complete the administrative task of filling out and submitting the 1-
                page incident report form. The current reporting structure is likewise
                appropriate for the reporting entities that are not coordinating their
                efforts to ensure the agency receives timely and complete information.
                Nonetheless, the agency will continue to review this issue and consider
                ways to reduce resulting burdens as appropriate. The agency has the
                benefit of these comments if it determines that any changes to the
                existing reporting requirements are appropriate.
                Comments Regarding Unique Burdens for Vehicle Suppliers
                 The list of responsible parties included with the General Order
                includes several ``vehicle suppliers,'' companies that supply various
                components that are then integrated into completed vehicles, ADS, or
                Level 2 ADAS, by other vehicle or equipment manufacturers. Comments
                submitted by MEMA and Auto Innovators suggested that the General Order
                places unique and excessive burdens on these companies because,
                according to these comments, they are required to conduct an ongoing
                search for reportable crashes involving vehicles, ADS, or Level 2 ADAS
                that might involve a component or system they supplied and then
                investigate at length to determine whether they have a reporting
                obligation. These comments suggest that this alleged disproportionate
                burden on these vehicle suppliers can and should be reduced by limiting
                their reporting obligations to vehicles in their own test fleet, by
                amending the definition of ``vehicle equipment'' to eliminate any
                reference to software or components, and by clarifying the definition
                of ``Level 2 ADAS.''
                 The agency first notes that it did not include any of these
                companies in the General Order because they supply components that are
                incorporated into completed vehicles, ADS, or Level 2 ADAS. Instead,
                the agency included these companies in the General Order because the
                agency understands that each of them is already or shortly will be
                actively involved in the development of ADS and/or Level 2 ADAS,
                including testing that involves vehicles equipped with these systems
                being driven on publicly-accessible roads in the United States.\10\
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                 \10\ If the agency's understanding is not correct with respect
                to any specific reporting entity, it encourages that company to
                contact NHTSA (the General Order includes appropriate contact
                information) to discuss whether it should remain in the General
                Order.
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                 The agency also disagrees with these comments, which appear to be
                based on
                [[Page 74224]]
                a misunderstanding of the reporting requirements in the General Order
                and overstate the resulting burden. As previously noted, the reporting
                obligations under the General Order are triggered by notice of facts
                sufficient to meet each of the reporting criteria. For mass-produced
                consumer vehicles equipped with Level 2 ADAS (which appears to be the
                focus of these comments and the source of this alleged burden), a
                reporting entity has an obligation to report a crash only if it
                receives notice of information that satisfied each of the following
                criteria: (1) An ADS or Level 2 ADAS equipped vehicle for which it
                supplied components that were incorporated into the motor was involved
                in a crash; (2) the ADS or Level 2 ADAS was engaged during the period
                thirty seconds prior to and through the end of the crash; and (3) the
                crash involved a fatality, hospital treated injury, air bag deployment,
                vehicle tow-away, or vulnerable road user. The agency is unaware of any
                such report being filed by any vehicle supplier during the five months
                since the General Order was first issued.
                 There is no general or specific requirement that a reporting entity
                that is a manufacturer or supplier of brake pads, wiring harnesses, or
                lidar sensors actively search outside the company for potentially
                reportable crashes. Likewise, there is no requirement that any such
                reporting entity that learns of a crash involving a vehicle that
                includes a component it supplied actively investigate the crash to
                determine whether the other criteria have been met. Instead, a vehicle
                supplier (like every other reporting entity) that receives notice of
                information meeting each of the criteria must file a report. The agency
                expects that it would be extremely rare for any vehicle supplier to
                receive such notice unless it was significantly involved in developing,
                testing, or supplying an ADS or Level 2 ADAS, in which case the agency
                believes that the reporting requirement is appropriate.
                 The agency also notes that Level 2 ADAS (and perhaps, in the
                future, ADS) currently enter the consumer market in different forms,
                including after-market software and hardware components, which are then
                integrated with other existing vehicle components. Changing the
                definition of motor vehicle equipment as the comments suggests would,
                contrary to the agency's intent, eliminate these after-market systems
                from the scope of the General Order. For all these reasons, the agency
                therefore declines to modify the reporting requirements as suggested by
                these comments.
                Comments on Confidential Business Information Designations
                 Under the terms of the General Order, a reporting entity that
                claims information it is submitting to the agency in an incident report
                form constitutes confidential business information is required to
                follow the agency's standard procedures for making such a claim. See 49
                CFR Part 512. The Self-Driving Coalition and Auto Innovators submitted
                comments suggesting that the burden associated with making a separate
                submission for each incident report is excessive. These comments
                suggest that the agency either make a ``class determination'' that
                certain information is protected CBI or permit aggregated CBI
                submissions on a weekly or monthly basis to lessen this burden. These
                comments also suggest that the burden associated with CBI designations
                could be lessened if a reporting entity was able to file its CBI
                designations via the same portal established for filing incident report
                forms under the General Order.
                 The procedures for filing CBI designations are established by the
                agency's regulations rather than the General Order. See 49 CFR Part
                512. Although these regulations include various ``class
                determinations'' (see, e.g., 49 CFR 512 Appendix C), the agency does
                not believe such a determination is appropriate with respect to
                information required to be submitted under the General Order. The five
                months of reporting history demonstrates that there is no consensus
                approach to whether reporting entities request CBI treatment for this
                information.
                 With respect to the comments regarding aggregated CBI requests or
                utilizing the portal to submit CBI requests, the agency is continually
                reviewing various procedures under the General Order to determine
                whether the resulting burden can be reduced. The agency will have the
                benefit of these comments as it considers whether any such changes are
                appropriate with respect to CBI requests.
                Other Comments
                 Multiple commenters submitted comments stating that the agency
                should expand the General Order to also require reporting of incidents
                other than the specified crashes (e.g., traffic violations), suggesting
                different development approaches (e.g., the use of DoD/aerospace
                simulation and modeling technology) for advanced driving technologies,
                or offering ``guiding principles'' for the development and/or
                regulation of advanced driving technologies. The agency also received
                numerous comments expressing concern or offering suggestions regarding
                the way information submitted by reporting entities under the General
                Order will be made public and whether appropriate context will be
                provided with that information. The agency appreciates these comments
                and has reviewed them with interest, but it declines to address them in
                the context of this request for an extension of the existing approval
                of this information collection because they are not burden related.
                Agency Estimates Regarding the Annual Number of Reports
                 In the 60-day Notice, NHTSA made various estimates regarding the
                number of incidents about which the reporting entities would be
                required to submit reports on an annual basis. Although those estimates
                were made based on the best information available to the agency at the
                time, the agency now has over five months of reporting data and history
                and is therefore able to substantially refine those estimates.
                Level 2 ADAS 1-Day Incident Reports Under Request No. 1
                 In its 60-day Notice, NHTSA estimated that ``it will receive
                responses from 20 respondents reporting Level 2 ADAS crashes each
                year,'' ``that each respondent will submit, on average, 170 incident
                reports per year,'' and that it ``will receive, on average 3,400 Level
                2 ADAS incident reports each year.'' The agency explained that this was
                ``a high-end estimate'' that would later be refined.
                 Although the agency received no comments directly addressing the
                estimate of 3,400 incident reports per year, several commenters used
                this estimate (without providing any alternative estimate) in support
                of arguments that the burden associated with these reports is
                excessive. With the benefit of actual reporting history and data, the
                agency is now able to substantially revise this estimate to 1,000
                reports per year under Request No. 1 for Level 2 ADAS incidents.
                 As explained in more detail above, the agency also has decided to
                amend the reporting requirements in Request No. 1 to require that a
                report be filed within 1 calendar day only with respect to those
                crashes involving a fatality, a hospital-treated injury, or a
                vulnerable road user. Based on data of reported incidents through
                December 1, 2021, the agency estimates that only 8% of the reports
                required under Request No. 1 will meet one of these criteria.
                Accordingly, NHTSA now estimates it will receive 80 1-day Level 2 ADAS
                [[Page 74225]]
                incident reports per year. Reporting entities will be required to
                submit the remainder of the reports (estimated to be 92% of the total)
                within 5 calendar days after notice of the crash.
                Level 2 ADAS 5-Day Incident Reports Under Request No. 1
                 As discussed above, NHTSA is now allowing some of the reports that
                were previously required to be submitted within one calendar day to
                instead be submitted within 5 calendar days. The agency estimates that
                92% of all Level 2 ADAS crashes will be submitted in 5-day incident
                reports. Accordingly, the agency now estimates that of the 1,000 Level
                2 ADAS incident reports submitted each year, approximately 920 will be
                5-day Level 2 ADAS incident reports.
                Level 2 ADAS 10-Day Incident Reports Under Request No. 1
                 Under the current terms of the General Order, a reporting entity
                submitting an initial report within 1 calendar day under Request No. 1
                is also required to submit an updated report on the tenth calendar day
                after notice of the crash. In its 60-day Notice, NHTSA therefore
                estimated the number of 10-day updated reports to be equal to the
                number of 1-day reports. As explained above, the agency has decided to
                amend Request No. 1 of the General Order to limit the 1-day and 10-day
                reporting sequence to crashes involving a fatality, a hospital treated
                injury, or a vulnerable road user. The agency estimates that 8% of the
                reports required under Request No. 1 will meet one of these criteria.
                No 10-day updated report therefore will be required for the remaining
                reports required under Request No. 1, an estimated 92% of those
                reports.
                 Based on its revised volume estimates and the forthcoming amendment
                to Request No. 1, the agency revises its estimate of the number of 10-
                day reports to 80 reports each year.
                ADS 1-Day Incident Reports Under Request No. 1
                 In its 60-day Notice, NHTSA estimated that it would receive 200
                incident reports per year involving ADS equipped vehicles. The agency
                further estimated that half of these reports (100) would be filed
                pursuant to the 1-day and 10-day sequence under Request No. 1 and that
                the remaining half of these ADS incident reports (100) would be
                submitted under Request No. 2 as monthly incident reports. With the
                benefit of five months of reporting experience and data, the agency is
                able to refine these estimates. NHTSA estimates that it will receive
                150 ADS incident reports annually under Request No. 1. However, as a
                result of the amendment discussed above, not all of those reports will
                be required to be submitted within one calendar day. Based on the
                discussed criteria and the incident reports the agency has received
                thus far, NHTSA estimates that 20% of the reports will be required to
                be submitted within one calendar day. Accordingly, the agency now
                estimates that it will receive 30 1-day reports each year. Reporting
                entities would be required to submit the remainder of the reports
                within five calendar days of receiving notice.
                ADS 5-Day Reports Under Request No. 1
                 As discussed above, NHTSA estimates that it will receive 150 ADS
                crash reports under Request No. 1 each year and that 20% of the reports
                will need to be submitted within one day and 80% will be required to be
                submitted within five calendar days. Accordingly, the agency estimates
                that it will receive 120 5-day ADS incident reports each year.
                ADS 10-Day Update Reports Under Request No. 1
                 In its 60-day Notice, NHTSA estimated that the annual volume of 10-
                day updated ADS reports would be the same as the volume of 1-day ADS
                Reports because the General Order requires a 10-day updated report for
                each 1-day report. Based on the revised estimates and amendment
                discussed above, the agency revises its estimate of annual 10-day
                reports to 30 (the same number as the estimated annual 1-day ADS
                incident reports described above).
                ADS Monthly Incident Reports Under Request No. 2
                 In its 60-day Notice, NHTSA estimated that it would receive 100 ADS
                monthly incident reports per year under Request No. 2. Based on the
                revised estimates described above, the agency revises this estimate to
                200 ADS monthly incident reports per year.
                Monthly Supplemental Incident Reports Under Request No. 3
                 A reporting entity is required to file a monthly supplemental
                report under Request No. 3 only if it receives notice of new material
                or materially different information regarding a crash for which a
                report was previously submitted under Request Nos. 1 or 2. In its 60-
                day Notice, NHTSA estimated that it would receive 25 ADS and 170 Level
                2 ADAS monthly supplemental reports per year. With the benefit of 5
                months of reporting experience, the agency revises this estimate to 40
                ADS and 75 Level 2 ADAS supplemental reports each month.
                Monthly Reports Under Request No. 4
                 In the absence of any new or supplemental reports due under Request
                No. 2 and Request No. 3, each reporting entity is required to submit an
                Incident Report confirming the lack of any reportable information under
                those requests on the fifteenth (15th) calendar day of each month. In
                its 60-day Notice, NHTSA estimated that 80% of the reporting entities
                each month will submit a report under Request No. 4. Based on an
                average of 110 total reporting entities per year, the agency estimates
                that it will receive 1,056 reports annually under Request No. 4.
                 The total burden and cost estimates set forth below have been
                revised consistent with these revised annual volume estimates.
                Hourly Burden Estimates
                 NHTSA received three comments, from Auto Innovators, MEMA, and the
                Self-Driving Coalition, stating that the agency underestimated the
                burden hours associated with the different reporting requirements.
                These comments and the agency's responses to these comments are
                discussed in more detail in the section below explaining NHTSA's burden
                calculations.
                Labor Cost Estimates
                 In its 60-day Notice, NHTSA explained that it had estimated the
                total labor costs associated with 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 for this occupational classification is $65.62 and
                estimates that private industry workers'' wages represent 70.4% of
                total labor compensation costs. Therefore, the agency estimated the
                hourly labor costs to be $93.21.
                 Auto Innovators submitted comments stating that the agency, as part
                of its burden analysis, had underestimated the hourly cost of the labor
                required to meet the reporting obligations in the order. This same
                commenter suggested that, given the managerial and legal review and
                oversight involved in this information collection, a more realistic
                hourly labor cost is $120.00. In response to this comment, NHTSA is
                revising its estimate of the labor costs associated with burden hours,
                as discussed in the section discussing NHTSA's burden estimates.
                [[Page 74226]]
                 Affected Public: Vehicle and equipment manufacturers and operators
                of ADS or Level 2 ADAS equipped vehicles.
                 Estimated Number of Respondents: 110.
                 Frequency: Monthly and on occasion.
                 Number of Responses: 2,631.
                 Estimated Total Annual Burden Hours: 31,319 hours.
                 As discussed above, NHTSA is making changes to the General Order
                that will affect the total burden hours. The agency also has acquired
                new information that allows the agency to estimate burdens more
                accurately. To estimate the burden associated with this information
                collection, the agency separated the requirements of the General Order
                into thirteen components: (1) Incident reports under Request No. 1
                involving Level 2 ADAS that must be submitted within one calendar day;
                (2) updates under Request No. 1 to 1-day incident reports involving
                Level 2 ADAS that must be submitted within ten calendar days; (3)
                incident reports under Request No. 1 involving Level 2 ADAS that must
                be submitted within five calendar days; (4) incident reports under
                Request No. 1 involving ADS that must be submitted within one calendar
                day; (5) updates under Request No. 1 to incident 1-day reports
                involving ADS that must be submitted within ten calendar days; (6)
                incident reports under Request No. 1 involving ADS that must be
                submitted within five calendar days; (7) monthly incident reports under
                Request No. 2 involving ADS that must be submitted on the fifteenth of
                the following month; (8) monthly supplemental reports under Request No.
                3 involving Level 2 ADAS incidents that must be submitted on the
                fifteenth of the following month; (9) monthly supplemental reports
                under Request No. 3 involving ADS that must be submitted on the
                fifteenth of the following month; (10) monthly reports under Request
                No. 4 confirming the lack of reportable information under Requests No.
                2 and No. 3, (11) additional time for screening incoming information;
                (12) training employees on the requirements; and (13) time to set up an
                account to submit the reports. The burden associated with categories
                (12) and (13) are one-time start-up burdens that will be incurred
                during the proposed extension only to the extent that new reporting
                entities are added to the General Order during this period. For the 108
                reporting entities currently named in the General Order, this burden
                has already been and was accounted for under the currently approved
                information collection request.
                 The estimated number of respondents consists of the number of
                reporting entities.
                 NHTSA estimates that there will be an average of 110 reporting
                entities during each year of the proposed extension. Currently, there
                are 108 reporting entities named in the General Order. The agency
                believes that additional reporting entities will be added to the
                General Order during the proposed extension as new companies enter the
                market and begin developing and manufacturing ADS and ADAS technology
                and vehicles equipped with these technologies. The agency also believes
                that some existing reporting entities will be removed from the General
                Order due to the cessation of operations or market consolidation.
                 Burden Category 1: ADAS 1-Day Reports under Request No. 1.
                 To estimate the burden associated with submitting Level 2 ADAS
                crash reports, NHTSA first looked to the category of crashes that must
                be reported. As explained above, the agency has decided to amend the
                General Order to only require reporting of Level 2 ADAS crashes within
                one business day when (1) the crash occurred on a publicly accessible
                road in the United States (including any of its territories); (2) the
                Level 2 ADAS was engaged at any time during the period from 30 seconds
                immediately prior to the commencement of the crash through the
                conclusion of the crash; and (3) the crash resulted in a fatality, a
                hospital treated injury, or involved a vulnerable road user. Incidents
                meeting the first two criteria and also involving a vehicle tow-away or
                an air bag deployment, but not involving a fatality, hospital treated
                injury, or vulnerable road user will be required to be reported within
                five calendar days.
                 As discussed above and based on five months of incident reporting
                under the existing clearance, NHTSA estimates that it will receive
                approximately 80 1-day Level 2 ADAS incident reports each year. Based
                on the number of manufacturers that manufacture vehicles equipped with
                Level 2 ADAS systems, the agency estimates that it will receive
                responses from 20 respondents reporting Level 2 ADAS crashes each year.
                 In the 60-day Notice, NHTSA estimated that it would take
                respondents approximately 2 hours to compile and submit each crash
                report. The agency received comments from Auto Innovators, MEMA, and
                the Self-Driving Coalition stating that NHTSA had underestimated the
                burden hours for the reporting requirements. Specifically, Auto
                Innovators stated that a more accurate estimate would be 8 hours for
                each 1-day incident report. The Self-Driving Coalition also provided
                estimates of the burden hours for 1-day reports (between 5 and 12
                hours), but since the estimates were provided for ADS 1-day reports,
                NHTSA is using the estimate provided by Auto Innovators. NHTSA now
                estimates that 1-day reports takes, on average, 8 hours. Therefore, the
                agency estimates the total annual burden hours for submitting Level 2
                ADAS 1-day crash reports to be 640 hours (8 hours x 80 crash reports)
                for all manufactures. Therefore, the average burden for the estimated
                20 manufacturers submitting 1-day ADAS incident reports is estimated to
                be 32 hours.
                 Burden Category 2: ADAS 10-Day Reports Under Request No. 1.
                 As discussed above, in addition to submitting information on
                certain Level 2 ADAS crashes within one day, reporting entities must
                also submit updated information within ten days. NHTSA has decided to
                only require 10-day update reports for incidents required to be
                reported within one calendar day. In the 60-day notice, NHTSA estimated
                that providing updated crash reports would take approximately 1 hour
                per report. However, both Auto Innovators and the Self-Driving
                Coalition submitted comments stating that NHTSA underestimated the
                burden for submitting the reports. Auto Innovators stated that a
                reasonable mid-point in the burden estimates from members would be 20
                hours to submit these updates and the Self-Driving Coalition stated
                that it would take between 3 and 24 hours, depending on the complexity
                of the incident. Since the Self-Driving Coalition's comments were
                specific to ADS reporting, NHTSA is revising its estimate based on the
                Auto Innovators'' comment and now estimating that providing an updated
                10-day report will take 20 hours. Therefore, the agency estimates that
                the total burden for submitting 10-day update reports for Level 2 ADAS
                incidents will take 1,600 hours (20 hours x 80 reports), for an average
                of 80 hours for each of the 20 reporting entities expected to submit
                reports each year.
                 Burden Category 3: ADAS 5-Day Reports Under Request No. 1.
                 To estimate the burden associated with submitting Level 2 ADAS 5-
                day crash reports, NHTSA first looked to the category of crashes that
                must be reported. As explained above, the agency has decided to amend
                the General Order to require 5-day reporting of Level 2 ADAS crashes
                when (1) the crash occurred on a publicly accessible
                [[Page 74227]]
                road in the United States (including any of its territories); (2) the
                Level 2 ADAS was engaged at any time during the period from 30 seconds
                immediately prior to the commencement of the crash through the
                conclusion of the crash; and (3) and the crash involves a vehicle tow-
                away or an air bag deployment, but not a fatality, hospital treated
                injury, or vulnerable road user. As discussed above and based on five
                months of incident reporting under the existing clearance, the agency
                estimates that it will receive approximately 920 5-day Level 2 ADAS
                incident reports each year. Based on the number of reporting entities
                that manufacture Level 2 ADAS or vehicles equipped with Level 2 ADAS
                systems, the agency estimates that it will receive responses from 20
                respondents reporting Level 2 ADAS crashes each year.
                 In the 60-day notice, NHTSA estimated that it would take
                respondents approximately 2 hours to compile and submit each 1-day
                crash report. The agency received comments from Auto Innovators, MEMA,
                and the Self-Driving Coalition stating that NHTSA had underestimated
                the burden hours for the reporting requirements. Specifically, Auto
                Innovators stated that the average submission would take 8 hours for
                each 1-day incident report. The Self-Driving Coalition also provided
                estimates of the burden for 1-day incident reports (between 5 and 12
                hours) for ADS 1-day reports. NHTSA also received comments from Auto
                Innovators and the Self-Driving Coalition that stated that updated
                reports may take longer to submit than initial reports.
                 Because reporting entities will not be required to submit 10-day
                update reports for incidents required to be submitted to NHTSA within
                five business days, and because after five days more information may be
                available for review, the agency is basing its estimate of burden for
                5-day reports off the burden estimates provided by commenters for the
                10-day update report. Auto Innovators stated that a reasonable mid-
                point in the burden estimates from members would be 20 hours to submit
                updates and the Self-Driving Coalition stated that it would take
                between 3 and 24 hours, depending on the complexity of the incident.
                Because the Self-Driving Coalition's comments regarding burden were
                specifically for ADS crash reporting, NHTSA believes it is appropriate
                to use different burden estimates for Level 2 ADAS reporting and ADS
                reporting. Based on the comments, it appears that larger manufacturers
                reporting on Level 2 ADAS reports will require more time to submit 5-
                day reports than smaller entities submitting 5-day reports for ADS
                crashes. Therefore, NHTSA has decided to change its estimate based on
                the mid-point estimate provided by Auto Innovators. Accordingly, the
                agency estimates that 5-day reports takes, on average, 20 hours.
                Therefore, the agency estimates the total annual burden hours for
                submitting Level 2 ADAS 5-day crash reports to be 18,400 hours (20
                hours x 920 crash reports) for all reporting entities for an average of
                920 hours for each of the estimated 20 reporting entities submitting 5-
                day incident reports.
                 Burden Category 4: ADS 1-Day Reports Under Request No. 1.
                 As discussed above, NHTSA now estimates that it will receive 30 ADS
                1-day incident reports each year. In the 60-day notice, NHTSA estimated
                that it would take respondents approximately 2 hours to compile and
                submit each crash report. The agency received comments from Auto
                Innovators, MEMA, and the Self-Driving Coalition stating that the
                agency had underestimated the burden hours for the reporting
                requirements. Specifically, Auto Innovators stated that a more accurate
                estimate would be 8 hours for each 1-day incident report and the Self-
                Driving Coalition stated that 1-day reports take between 5 and 12
                hours. Based on these comments, the agency now estimates that 1-day
                reports takes, on average, 8 hours. Therefore, the agency estimates the
                total annual burden hours for submitting ADS 1-day crash reports to be
                240 hours (8 hours x 30 crash reports) for all manufactures. Based on
                the five months of reporting experience, the agency believes that some
                respondents with ADS 1-day reports will file multiple reports. At this
                time, the agency estimates that the 30 1-day reports will be submitted
                by 20 manufacturers, for an average of 12 hours per respondent.
                 Burden Category 5: ADS 5-Day Reports under Request No. 1.
                 As discussed above, NHTSA now estimates that it will receive 120
                ADS 1-day incident reports each year. In the 60-day notice, NHTSA
                estimated that it would take respondents approximately 2 hours to
                compile and submit each 1-day crash report. The agency received
                comments from Auto Innovators, MEMA, and the Self-Driving Coalition
                stating that NHTSA had underestimated the burden hours for the
                reporting requirements. Specifically, Auto Innovators stated that a
                more accurate estimate would be 8 hours for each 1-day incident report
                and the Self-Driving Coalition stated that 1-day reports take between 5
                and 12 hours. The agency also received comments from Auto Innovators
                and the Self-Driving Coalition stating that updated reports may take
                longer to submit than initial reports. Because reporting entities will
                not be required to submit 10-day update reports for incidents required
                to be submitted to the agency within five business days, and because
                after five days more information may be available for review, the
                agency is basing its estimate of burden for 5-day reports off the
                burden estimates provided by commenters for the 10-day update report.
                Auto Innovators stated that it would take 20 hours to submit updates
                and the Self-Driving Coalition stated that it would take between 3 and
                24 hours, depending on the complexity of the incident. Because the
                agency estimates that information will be more readily accessible to
                reporting entities for incidents involving ADS, NHTSA estimates that 5-
                day reports take, on average, 14 hours (based on the mid-point between
                3 and 24 hours). Therefore, the agency estimates the total annual
                burden hours for submitting ADS 5-day crash reports to be 1,680 hours
                (14 hours x 120 crash reports) for all reporting entities. Based on the
                number of respondents that have submitted ADS reports under the General
                Order thus far, the agency estimates that it will receive ADS 5-day
                reports from an average of 40 entities each year. Therefore, the
                average annual burden per reporting entity is estimated to be 42 hours.
                 Burden Category 6: ADS 10-Day Reports under Request No. 1.
                 As discussed above, in addition to submitting information on
                certain ADS crashes within one day, reporting entities must also submit
                updated information within ten days. NHTSA has decided to only require
                10-day update reports for incidents required to be reported within one
                calendar day. In the 60-day notice, NHTSA estimated that providing
                updated crash reports would take approximately 1 hour per report.
                However, both Auto Innovators and the Self-Driving Coalition submitted
                comments stating that the agency underestimated the burden for
                submitting the reports. Auto Innovators stated that it would take 20
                hours to submit updates and the Self-Driving Coalition stated that it
                would take between 3 and 24 hours, depending on the complexity of the
                incident. Because the agency estimates that information will be more
                readily accessible to reporting entities for incidents involving ADS,
                NHTSA estimates that 5-day reports take, on average, 14 hours (based on
                the mid-point between 3 and 24 hours). Therefore, the agency estimates
                [[Page 74228]]
                that the total burden for submitting 10-day update reports for ADS
                incidents to be 420 hours for all ADS manufacturers and operators (14
                hours x 30 crash reports). As discussed above, the agency estimates
                that it will receive one-day ADS incident reports from 20 respondents
                each year. Therefore, the agency estimates that the annual burden is,
                on average, 21 hours per respondent.
                 Burden Category 7: Monthly ADS Incident Reports Under Request No.
                2.
                 As described above, NHTSA now estimates that there will be 200 ADS
                crash reports required to be submitted on the fifteenth of the month
                following the month in which notice of the crash was received. In the
                60-day notice, NHTSA estimated that preparing and submitting monthly
                reports that contain crash reports takes, on average, 2 hours to
                prepare and submit. However, the agency received a comment from the
                Self-Driving Coalition stating that the actual burden for this can be
                between 2 and 24 hours. Based on this comment, NHTSA now estimates that
                the burden associated with preparing and submitting initial ADS crash
                report information that will be submitted in monthly reports to be 14
                hours per report, for a total of 2,800 hours (14 hours x 200 reports).
                Based on the number of respondents that have submitted ADS crash report
                information, the agency estimates that it will receive reports from
                approximately 50 entities each year, for an average of 56 hours per
                entity.
                 Burden Category 8: ADAS Supplemental Reports Under Request No. 3.
                 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 Level 2 ADAS incident is received. In
                its 60-day notice, NHTSA estimated that it would receive 170 ADAS
                monthly supplemental reports per year. With the benefit of 5 months of
                reporting experience, the agency revises this estimate to 75
                supplemental ADAS reports each year. In the 60-day notice, NHTSA
                estimated that providing updated information within a monthly report
                would take 1 hour. The agency received comments indicating that it had
                underestimated burden, but it did not receive specific comments on the
                time spent submitting a supplemental report on the fifteenth of the
                month following the month in which it received any material new or
                materially different information. The agency believes that submitting a
                supplemental report should take less time that submitting an initial
                report or a ten-day update report. However, the agency concedes that
                reporting entities may require more time for internal review than 1
                hour. Accordingly, the agency now estimates that preparing and
                submitting supplemental reports takes, on average, 5 hours. Therefore,
                the agency estimates the burden for monthly reports with updated
                information to be 375 hours (75 monthly reports x 5 hours). The agency
                estimates that it will receive, on average, supplemental Level 2 ADAS
                monthly reports from 20 respondents each year, for an average of 18.75
                hours per respondent.
                 Burden Category 9: ADS Supplemental Reports Under Request No. 3.
                 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 incident is received. In its 60-day
                notice, NHTSA estimated that it would receive 25 ADS monthly
                supplemental reports per year. With the benefit of 5 months of
                reporting experience, the agency revises this estimate to 40
                supplemental ADS reports each year. In the 60-day notice, NHTSA
                estimated that providing updated information within a monthly report
                would take 1 hour. The agency received comments indicating that it had
                underestimated burden, but it did not receive specific comments on the
                time spent submitting a supplemental report on the fifteenth of the
                month following the month in which it received any material new or
                materially different information. The agency believes that submitting a
                supplemental report should take less time than submitting an initial
                report or a ten-day update report. However, the agency concedes that
                reporting entities may require more time for internal review than 1
                hour. Accordingly, the agency now estimates that preparing and
                submitting supplemental reports takes, on average, 5 hours. Therefore,
                the agency estimates the burden for monthly reports with updated
                information to be 200 hours (40 monthly reports x 5 hours). The agency
                estimates that it will receive, on average, monthly reports from 25
                respondents each year, for an average of 8 hours per respondent.
                 Burden Category 10: Monthly Reports under Request No. 4.
                 A reporting entity that determines it has no information reportable
                under Request Nos. 2 and 3 is required to submit a report confirming
                the lack of any such reportable information. The hourly burden
                associated with submitting a monthly report under Request No. 4 is
                minimal. The reporting entity need only select the proper type of
                report, identify the date and month for which the report is being
                submitted, and then submit the report.
                 In the 60-day notice, NHTSA estimated that the burden for ADS
                manufacturers and operators associated with preparing and submitting
                any monthly reports to be 15 minutes. The agency received one comment
                from the Self-Driving Coalition that confirmed that 15 minutes was
                accurate for its members. The agency estimated that burden for ADAS
                manufacturers associated with preparing and submitting any monthly
                reports would be 2 hours. The agency received a comment from Auto
                Innovators stating that monthly reports under Request No. 4 take
                respondents 20 hours to prepare and submit.
                 NHTSA does not agree that submitting a report under Request No. 4
                (confirming the lack of information reportable under Request Nos. 2 and
                3) will take 20 hours. The agency believes that reporting entities
                should not have any additional burden associated with confirming that
                they do not have reportable information. Instead, NHTSA believes that
                respondents have screening processes to ensure they are meeting their
                requirements to submit reports under Requests Nos. 1, 2, and 3 under
                the General Order. NHTSA believes that adequate screening processes
                should ensure that there is no additional burden associated with
                monthly reports under Request 4. However, as mentioned by some of the
                commenters, the agency did not estimate any ongoing burden for enhanced
                screening processes. In response, NHTSA is creating a new category of
                burden to account for any screening that is incurred in response to the
                General Order and is not part of reporting entities' standard operating
                practices.
                 In its 60-day Notice, NHTSA estimated that 80% of the reporting
                entities each month will submit a report under Request No. 4. Based on
                five months of reporting under the General Order, NHTSA continues to
                estimate that 80% of reporting entities will submit a report under
                Request No. 4 each month. Based on an average of 110 total reporting
                entities per year, the agency estimates that it will receive 1,056
                reports annually under Request No. 4.
                 Accordingly, NHTSA estimates that preparing and submitting a
                monthly report under Request No. 4 will take 15
                [[Page 74229]]
                minutes for the estimated 90 ADS reporting entities and the estimated
                20 manufacturers of Level 2 ADAS vehicles each year (including
                manufacturers that produce both Level 2 ADAS vehicles and ADS
                vehicles). Therefore, the agency estimates that annually respondents
                will spend 264 hours preparing and submitting monthly reports under
                Request No. 4, not including burden associated with providing new or
                updated reportable information (110 respondents x .8 x 12 monthly
                reports x 0.25 hours).
                 Burden Category 11: Additional Screening.
                 As discussed above, and in response to comments, NHTSA is adding a
                new category for screening. NHTSA received comments from both the Self-
                Driving Coalition and Auto Innovators regarding uncounted burden.
                Specifically, Auto Innovators stated that NHTSA had not counted burden
                for monitoring for new crashes and the Self-Driving Coalition stated
                that NHTSA had not included time spent reviewing incidents that occur
                but are not reportable. In response to these comments, NHTSA is adding
                a new burden category for additional time spent screening incoming
                information. The additional time allotted for screening accounts for
                any additional processes reporting entities have needed to put in place
                to ensure that they are meeting their reporting requirements under the
                General Order. This time does not account for screening of incidents
                that reporting entities conducted as part of its standard business
                practices prior to the General Order. Although NHTSA did not receive
                comments about the amount of additional burden respondents will incur,
                NHTSA believes that the Auto Innovator's comment regarding burden for
                ``no reportable information'' monthly reports provides an indication of
                the additional time some entities spend each month ensuring that they
                are meeting their reporting obligations. Specifically, Auto Innovators
                provided a monthly average estimate of 20 burden hours. Since
                manufacturers and operators of ADS-equipped vehicles and equipment
                already had robust processes for identifying and analyzing crashes that
                might occur with these vehicles, NHTSA estimates that the additional
                screening burden will only be incurred by entities reporting on Level 2
                ADAS crashes, as those reports largely involve crashes in the consumer
                fleet. Accordingly, the agency estimates that the estimated 20 entities
                reporting on Level 2 ADAS incidents have, on average, 20 hours of
                additional screening time per month, for a total of 4,800 hours a year
                (20 hours x 12 months x 20 respondents), or 240 hours per reporting
                entity.
                 Burden Category 12: Training employees on the reporting
                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 because they have already trained their
                employees. 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.
                 The agency 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 does expect,
                however, 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).
                 Burden Category 13: 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 the agency 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
                the agency. NHTSA estimates that setting up an account will take 2
                hours. Therefore, the agency estimates the total annual burden to be 20
                hours.
                 NHTSA estimates the total annual burden hours for the thirteen
                components of this ICR to be 31,319 hours (640 hours for initial one-
                day Level 2 ADAS reports, 1,600 hours for updated one-day Level 2 ADAS
                reports, 18,400 hours for five-day Level 2 ADAS reports, 240 hours for
                initial one-day ADS reports, 420 hours for updated ADS reports, 1,680
                hours of five-day ADS reports, 2,600 hours for monthly initial ADS
                reports, 375 hours for monthly supplemental Level 2 ADAS reports, 200
                hours for monthly supplemental ADS reports, 264 hours for ``no
                reportable information'' monthly reports, 4,800 for additional
                screening, 80 hours for training, and 20 hours for setting up
                accounts). This revised estimate reflects five months of crash
                reporting experience under the existing clearance, which allows the
                agency to refine and better estimate the annual volumes of different
                types of reports it will receive. This revised estimate also reflects
                the agency's adoption of commenters' estimates of the hours required
                for individual burden tasks. Although the agency believes that the
                commenters' estimates may represent the high end of the range of burden
                hours for respondents, and not the average, the commenters' estimates
                are the best data currently available to the agency. Table 1 provides a
                summary of the estimated burden hours.
                 Table 1--Burden Hour Estimates
                ----------------------------------------------------------------------------------------------------------------
                 Burden per
                Description of burden category Number of Number of Estimated burden respondent Total burden
                 (this ICR is for one IC) responses respondents per response (hours) hours
                ----------------------------------------------------------------------------------------------------------------
                Level 2 ADAS one-day reports, 80 20 8 hours......... 32 640
                 initial Request No. 1.
                Level 2 ADAS one-day reports, 80 20 20 hours........ 80 1,600
                 update Request No. 1.
                Level 2 ADAS five-day reports 920 20 20 hours........ 920 18,400
                 Request No. 1.
                ADS one-day reports, initial 30 20 8 hours......... 12 240
                 Request No. 1.
                ADS one-day reports, update 30 20 14 hours........ 21 420
                 Request No. 1.
                ADS five-day reports Request 120 40 14 hours........ 42 1,680
                 No. 1.
                Monthly Report-Initial ADS 200 50 13 hours........ 52 2,600
                 Request No. 2.
                [[Page 74230]]
                
                Monthly Report-Level 2 ADAS 75 20 5 hours......... 18.75 375
                 Supplemental Request No. 3.
                Monthly Report-ADS 40 25 5 hours......... 8 200
                 Supplemental Request No. 3.
                Monthly Reports-No reportable 1,056 110 15 minutes...... 3 264
                 Information Request No. 4.
                Additional Screening.......... 0 20 240 hours....... 240 4,800
                Training...................... 0 2 40 hours........ 40 80
                Setting Up Account............ 0 10 2 hours......... 2 20
                 ---------------------------------------------------------------------------------
                 Total for ICR: Level 2 2,631 110 11.90 hours..... 284.72 31,319
                 ADAS/ADS Incident
                 Reporting.
                ----------------------------------------------------------------------------------------------------------------
                 In the 60-day notice, NHTSA calculated the burden associated with
                the labor hours using the average wage for architectural and
                engineering managers in the motor vehicle manufacturing industry
                (Standard Occupational Classification # 11-9041). NHTSA received one
                comment, from Auto Innovators, stating that the labor cost estimate was
                too low, and that a labor cost of at least $120 per hour was more
                realistic. In response to this comment, NHTSA has reexamined its
                estimate and adjusted its estimates recognizing that there are multiple
                wage categories involved with the labor hours. Specifically, NHTSA is
                now allocating the burden hours across four labor categories:
                Architectural and engineering managers in the motor vehicle
                manufacturing industry (Standard Occupational Classification # 11-
                9041); engineers (Standard Occupational Classification # 17-2000);
                Computer and Information Systems Managers (Standard Occupational
                Classification # 11-3021); and Lawyers (Standard Occupational
                Classification # 23-1000).
                 To calculate the labor cost associated with preparing and
                submitting crash reports and monthly 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 seventy-fifth
                percentile wage for architectural and engineering managers, computer
                and information systems managers, and engineers in the motor vehicle
                manufacturing industry and the seventy-fifth percentile wage for
                lawyers.\11\ The Bureau of Labor Statistics estimates that private
                industry workers'' wages represent 70.4% of total labor compensation
                costs.\12\ Therefore, NHTSA has weighted the wages accordingly. Table 2
                provides an hourly labor cost estimate for each labor category.
                ---------------------------------------------------------------------------
                 \11\ 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 December 17, 2021) and May 2020
                National Occupational Employment and Wage Estimates, available at
                https://www.bls.gov/oes/current/oes_nat.htm (accessed December 17,
                2021).
                 \12\ See Table 1. Employer Costs for Employee Compensation by
                ownership (Mar. 2021), available at https://www.bls.gov/news.release/ecec.t01.htm (accessed December 17, 2021).
                 Table 2--Hourly Labor Costs
                ------------------------------------------------------------------------
                 Hourly labor
                 Labor category Wage cost
                ------------------------------------------------------------------------
                Computer and Information System Managers $89.94 $127.76
                 (11-13021) in the Motor Vehicle
                 Manufacturing Industry (75th
                 percentile)............................
                Architectural and Engineering Managers 77.37 109.90
                 (11-9041) in the Motor Vehicle
                 Manufacturing Industry (75th
                 percentile)............................
                Engineers (17-2000) in the Motor Vehicle 54.32 77.16
                 Manufacturing Industry (75th
                 percentile)............................
                Lawyers (23-1011) (75th percentile)..... 91.11 129.42
                ------------------------------------------------------------------------
                 Using the hourly labor cost estimates above, NHTSA estimates that
                the total labor costs associated with the 31,319 hours is
                $3,290,351.24.
                 Table 3 provides a summary of the estimated labor costs.
                 Table 2--Labor Cost Estimates
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 Total hours and Total hours and
                 labor cost per labor cost per Total hours and Total hours and
                 Description of information response for response for labor cost per labor cost per Total labor Total labor
                 collection component computer and architectural and response for response for cost per cost
                 information system engineering managers engineers (17-2000) lawyers (23-1011) response
                 managers (11-13021) (11-9041)
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                Level 2 ADAS one-day reports, 1 hour, $127.76..... 2 hours, $219.80.... 3 hours, $231.48.... 2 hours, $258.84... $837.88 $67,030.40
                 initial.
                Level 2 ADAS one-day reports, 1 hour, $127.76..... 6 hours, $659.40.... 7 hours, $540.12.... 6 hours, $776.52... 2,103.80 168,304.00
                 update.
                Level 2 ADAS five-day reports.... 1 hour, $127.76..... 6 hours, $659.40.... 7 hours, $540.12.... 6 hours, $776.52... 2,103.80 1,935,496.00
                [[Page 74231]]
                
                ADS one-day reports, initial..... 1 hour, $127.76,.... 2 hours, $219.80.... 3 hours, $231.48.... 2 hours, $258.84... 837.88 25,136.40
                ADS one-day reports, update...... 1 hour, $127.76..... 4 hours, $439.60.... 5 hours, $385.80.... 4 hours, $517.68... 1,470.84 44,125.20
                ADS five-day reports............. 1 hour, $127.76..... 4 hours, $439.60.... 5 hours, $385.80.... 4 hours, $517.68... 1,470.84 176,500.80
                Monthly Report-Initial ADS....... 1 hour, $127.76..... 3 hours, $329.70.... 6 hours, $540.12.... 3 hours, $388.26... 1,385.84 277,168.00
                Monthly Report-Level 2 ADAS 1 hour, $127.76..... 1 hour, $109.90..... 2 hours, $154.32.... 1 hour, $129.42.... 521.40 39,105.00
                 Supplemental.
                Monthly Report-ADS Supplemental.. 1 hour, $127.76..... 1 hour, $109.90..... 2 hours, $154.32.... 1 hour, $129.42.... 521.40 20,856.00
                Monthly Reports-No Reportable 0 hours, $0......... 0 hours, $0......... 15 minutes, $19.29.. 0 hours, $0........ 19.29 20,370.24
                 Information.
                Additional Screening............. 12 hours, $1,533.12. 72 hours, $7,912.80. 84 hours, $6,481.44. 72 hours, $9318.24. 25,245.60 504,912.00
                Training......................... 0 hours, $0......... 40 hours, $4,396.... 0 hours, $0......... 0 hours, $0........ 4,396 8,792
                Setting Up Account............... 2 hours, $255.52.... 0 hours, $0......... 0 hours, $0......... 0 hours, $0........ 255.52 2,555.20
                 ----------------------------------------------------------------------------------------------------------------------
                 Total........................ .................... .................... .................... ................... .............. $3,290,351.24
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 Estimated Total Annual Burden Cost: $0.
                 In the 60-day notice, NHTSA stated that it did not know whether
                manufacturers would incur additional costs, nor did it have a basis for
                estimating these costs. In the notice, NHTSA sought comment on whether
                manufacturers will incur any additional costs associated with complying
                with the new reporting requirements, such as investing in new IT
                infrastructure. In response, NHTSA received one comment from Auto
                Innovators, which stated that ``in addition to the cost of labor
                associated with the handling of the crash information, there are also
                fiscal burdens associated with the hardware and software infrastructure
                to monitor and manage crash reporting.'' They further stated that
                reporting entities have already invested significant resources into
                setting up internal processes for the handling of crash information,
                which often include IT systems that come at a financial cost. The
                comment, however, did not provide sufficient information for NHTSA to
                estimate additional annual costs to reporting entities. Until NHTSA has
                more information on additional costs, NHTSA continues to estimate that
                annual costs to respondents is $0.
                 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. 2021-28311 Filed 12-28-21; 8:45 am]
                 BILLING CODE 4910-59-P
                

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