Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Petitions for Exemption From the Vehicle Theft Prevention Standard

CourtNational Highway Traffic Safety Administration,Transportation Department
Citation87 FR 14944
Record Number2022-05574
Published date16 March 2022
Federal Register, Volume 87 Issue 51 (Wednesday, March 16, 2022)
[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
                [Notices]
                [Pages 14944-14946]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-05574]
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                DEPARTMENT OF TRANSPORTATION
                National Highway Traffic Safety Administration
                [Docket No. NHTSA-2020-0004]
                Agency Information Collection Activities; Submission to the
                Office of Management and Budget for Review and Approval; Petitions for
                Exemption From the Vehicle Theft Prevention Standard
                AGENCY: National Highway Traffic Safety Administration (NHTSA),
                Department of Transportation (DOT).
                ACTION: Notice and request for comments on a reinstatement of a
                previously approved information collection.
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                SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA),
                this notice announces that the Information Collection Request (ICR)
                summarized below has been forwarded to the Office of Management and
                Budget (OMB) for review and approval. The ICR describes the nature of
                the information collections and their expected burden. The Federal
                Register Notice with a 60-day comment period for approval of a
                reinstatement of this previously approved information collection was
                published on August 20, 2020. The agency received no comments.
                DATES: Comments must be submitted on or before April 15, 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: Carlita Ballard at the National
                Highway Traffic Safety Administration, Office of International Policy,
                Fuel Economy and Consumer Programs (NRM-310), 1200 New Jersey Ave. SE,
                West Building, Room W43-439, Washington, DC 20590. Ms. Ballard's
                telephone number is (202) 366-5222. Please identify the relevant
                collection of information by referring to its OMB Control Number.
                SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), a
                Federal agency must receive approval from the Office of Management and
                Budget (OMB) before it collects certain information from the public and
                a person is not required to respond to a collection of information by a
                Federal agency unless the collection displays a valid OMB control
                number. In compliance with these requirements, this notice announces
                that the following information collection request will be submitted to
                OMB.
                 A Federal Register notice with a 60-day comment period soliciting
                public comments on the following information collection was published
                on August 20, 2020 (85 FR 51548).
                 Title: Petitions for Exemption from the Vehicle Theft Prevention
                Standard (49 CFR part 543).
                 OMB Control Number: 2127-0542.
                 Type of Request: Reinstatement of a previously approved information
                collection.
                 Type of Review Requested: Regular.
                 Length of Approval Requested: Three years.
                 Affected Public: Motor vehicle manufacturers.
                 Summary of Information Collection: 49 U.S.C. Chapter 331 requires
                the Secretary of Transportation, and NHTSA by delegation, to promulgate
                a theft prevention standard to provide for the identification of
                certain motor vehicles and their major replacement parts (parts-
                marking) to impede motor vehicle theft. NHTSA's theft prevention
                standard at 49 CFR part 541 specifies performance requirements for
                identifying numbers or symbols (generally the vehicle identification
                number (VIN)) to be placed on major parts of all passenger vehicles
                subject to the theft prevention standard. 49 U.S.C. 33106 allows
                manufacturers who equip covered vehicles with standard original
                equipment antitheft devices to petition for an exemption from the
                parts-marking requirements. NHTSA may exempt a vehicle line from the
                parts-marking requirement if the manufacturer installs an antitheft
                device as standard equipment on the entire vehicle line for which it
                seeks an exemption, and NHTSA determines that the antitheft device is
                likely to be as effective in reducing and deterring motor vehicle theft
                as compliance with the parts-marking requirements.
                 Under the current part 543, manufacturers choose how they wish to
                [[Page 14945]]
                demonstrate to the agency that the anti-theft device they are
                installing in a vehicle line meets the requirements for exemption: By
                either the factors listed in Sec. 543.6 (specific content
                requirements: Detailed lists, data, and explanations) or by the
                criteria listed in Sec. 543.7 (performance criteria). Section 543.6
                requires the manufacturer to submit: (1) A statement that an antitheft
                device will be installed as standard equipment on all vehicles in the
                line for which an exemption is sought; (2) a list naming each component
                in the antitheft system, and a diagram showing the location of each of
                those components within the vehicle; (3) a discussion that explains the
                means and process by which the device is activated and functions,
                including any aspect of the device designed to facilitate or encourage
                its activation by motorists, attract attention to the efforts of an
                unauthorized person to enter or move the vehicle by means other than a
                key, prevent defeating or circumventing the device by an unauthorized
                person attempting to enter a vehicle by means other than a key, prevent
                the operation of a vehicle which an unauthorized person has entered
                using means other than a key, and ensure the reliability and durability
                of the device; (4) the reasons for the petitioner's belief that the
                antitheft device will be effective in reducing and deterring motor
                vehicle theft, including any theft data and other data that are
                available to the petitioner and form the basis for that belief; (5) the
                reasons for the petitioner's belief that the agency should determine
                that the antitheft device is likely to be as effective as compliance
                with the parts-marking requirements of part 541 in reducing and
                deterring motor vehicle theft, including any statistical data that are
                available to the petitioner and form a basis for petitioner's belief
                that a line of passenger motor vehicles equipped with the antitheft
                device is likely to have a theft rate equal to or less than that of
                passenger motor vehicles of the same, or similar, line which have parts
                marked in compliance with part 541.
                 Section 543.7 requires manufacturers to submit a statement that the
                entire line of vehicles is equipped with an immobilizer, as standard
                equipment, that meets one of the following: (1) The performance
                criteria of (subsections 8 through 21) of C.R.C, c. 1038.114, Theft
                Protection and Rollaway Prevention (in effect March 30, 2011), as
                excerpted in appendix A of this part; (2) National Standard of Canada
                CAN/ULC-S338-98, Automobile Theft Deterrent Equipment and Systems:
                Electronic Immobilization (May 1998); (3) United Nations Economic
                Commission for Europe (UN/ECE) Regulation No. 97 (ECE R97), Uniform
                Provisions Concerning Approval of Vehicle Alarm System (VAS) and Motor
                Vehicles with Regard to Their Alarm System (AS) in effect August 8,
                2007; or (4) UN/ECE Regulation No. 116 (ECE R116), Uniform Technical
                Prescriptions Concerning the Protection of Motor Vehicles Against
                Unauthorized Use in effect on February 10, 2009. Manufacturers must
                also submit documentation kept to demonstrate that the device conforms
                with the performance criteria and a statement that the immobilizer
                device is durable and reliable.
                 Description of the Need for the Information and Proposed Use of the
                Information: NHTSA requires this information to determine whether an
                anti-theft device a manufacturer is installing in a vehicle line is
                likely to be as effective in reducing and deterring motor vehicle theft
                as compliance with the parts-marking requirements and therefore meets
                the requirements for the grant of an exemption from part 541 parts-
                marking requirements.
                 Estimated Number of Respondents: 12.
                 There are approximately 23 vehicle manufacturers that could request
                an exemption per model year. For MYs 2017-2020, the agency received 32
                petitions for exemption from the parts-marking requirements, with 12 of
                those petitions received in the most recent year. Nine respondents
                filed under Sec. 543.6 and three respondents filed under Sec. 543.7.
                NHTSA anticipates that the number of petitions received in each of the
                next three years will be the same as the number of petitions received
                in the most recent year, i.e., approximately 12 per year.
                 Estimated Total Annual Burden Hours: 2,094.
                 NHTSA estimates, based on information provided by manufacturers,
                that 226 hours will be required for exemptions requested under Sec.
                543.6, and 20 hours for exemptions requested under Sec. 543.7. The
                agency expects that, similar to 2020, nine manufacturers will choose to
                file for an exemption under Sec. 543.6 and three manufacturers will
                choose to file for an exemption under Sec. 543.7. The estimated total
                annual burden hours are shown below:
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                 Average Average time
                 number of per petition Total annual
                 petitions per submittal hours
                 year (hours)
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                Preparation and Submittal of Petition for Exemption under Sec. 9 226 2,034
                 543.6..........................................................
                Preparation and Submittal of Petition for Exemption under Sec. 3 20 60
                 543.7..........................................................
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                 Estimated Total Annual Burden Hours:........................ .............. .............. 2,094
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                 The labor cost associated with the burden hours for this collection
                is derived by (1) applying appropriate average hourly labor rate for
                ``Compliance Officers,'' Occupation Code 13-1041, published by the
                Bureau of Labor Statistics,\1\ (2) dividing by 0.701 \2\ (70.1%) to
                obtain the total compensation rate for private industry workers, and
                (3) multiplying by the estimated labor hours for each exemption type.
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                 \1\ May 2018 National Occupational Employment and Wage
                Estimates, United States. Business and Financial Operations
                Occupations, Compliance Officers, Occupation Code 13-1041; Mean
                Hourly Wage = $34.86. https://www.bls.gov/oes/current/oes_nat.htm.
                Accessed Mar. 9, 2020.
                 \2\ See Table 1 at https://www.bls.gov/news.release/ecec.t01.htm.
                [[Page 14946]]
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                 Average time
                 Hourly labor per petition Labor cost/ Estimated No. Annual labor
                 cost submittal petition of Petitions/ cost
                 (hours) Year
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                Preparation and Submittal of $49.73 226 $11,238.98 9 $101,151
                 Petition for Exemption under
                 Sec. 543.6...................
                Preparation and Submittal of 49.73 20 994.60 3 2,984
                 Petition for Exemption under
                 Sec. 543.7...................
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                 Estimated Annual Labor Cost .............. .............. .............. .............. $104,135
                 for This Information
                 Collection:................
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                 Estimated Total Annual Burden Cost to Respondents: $0.
                 NHTSA estimates that there will be no costs to respondents other
                than labor costs associated with burden hours.
                 Public Comments Invited: You are asked to comment on any aspects of
                this information collection, including (a) whether the proposed
                collection of information is necessary for the proper performance of
                the functions of the agency, including whether the information will
                have practical utility; (b) the accuracy of the agency's estimate of
                the burden of the proposed collection of information, including the
                validity of the methodology and assumptions used; (c) ways to enhance
                the quality, utility and clarity of the information to be collected;
                and (d) ways to minimize the burden of the collection of information on
                respondents, including the use of appropriate automated, electronic,
                mechanical, or other technological collection techniques or other forms
                of information technology, e.g., permitting electronic submission of
                responses.
                (Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
                35, as amended; 49 CFR 1.49; and DOT Order 1351.29)
                 Issued in Washington, DC.
                Raymond R. Posten,
                Associate Administrator for Rulemaking.
                [FR Doc. 2022-05574 Filed 3-15-22; 8:45 am]
                BILLING CODE 4910-59-P
                

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