Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Event Data Recorders

CourtNational Highway Traffic Safety Administration
Record Number2022-05570
Published date17 March 2022
Federal Register, Volume 87 Issue 52 (Thursday, March 17, 2022)
[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
                [Notices]
                [Pages 15302-15304]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-05570]
                [[Page 15302]]
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                DEPARTMENT OF TRANSPORTATION
                National Highway Traffic Safety Administration
                [Docket No. NHTSA-2021-0058]
                Agency Information Collection Activities; Submission to the
                Office of Management and Budget for Review and Approval; Event Data
                Recorders
                AGENCY: National Highway Traffic Safety Administration (NHTSA),
                Department of Transportation (DOT).
                ACTION: Notice and request for comments on an existing collection in
                use without an OMB Control Number.
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                SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA),
                this notice announces that the Information Collection Request (ICR)
                abstracted below will be submitted to the Office of Management and
                Budget (OMB) for review and approval. The ICR describes the nature of
                the information collection and its expected burden. This ICR is for
                approval of an existing collection in use without an OMB Control Number
                on event data recorders (EDRs). A Federal Register Notice with a 60-day
                comment period soliciting comments on the following information
                collection was published on August 26, 2021. Four comments were
                received in response to the notice.
                DATES: Comments must be submitted on or before April 18, 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 Carla Rush, U.S. Department of
                Transportation, NHTSA, 202-366-4583, 1200 New Jersey Avenue SE, West
                Building, Room W43-417, NRM-100, 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 can collect certain information from the public,
                it 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: Event Data Recorders.
                 OMB Control Number: New.
                 Type of Request: Approval of an existing collection in use without
                an OMB Control Number.
                 Type of Review Requested: Regular.
                 Length of Approval Requested: Three years.
                 Summary of the Collection of Information: 49 CFR part 563, Event
                data recorders, specifies uniform, national requirements for vehicles
                voluntarily equipped with EDRs concerning the collection, storage, and
                retrievability of onboard motor vehicle crash event data. More
                specifically it requires voluntarily installed EDRs in vehicles with a
                gross vehicle weight rating (GVWR) of 3,855 kilograms (8,500 pounds) or
                less to:
                 Record 15 essential data elements;
                 Record up to 30 additional data elements if the vehicle is
                equipped to record these elements;
                 Record these data elements in a standardized format, with
                specifications for range, accuracy, resolution, sampling rate,
                recording duration, and filter class;
                 Function after full-scale vehicle crash tests specified in
                FMVSS Nos. 208 and 214; and
                 Have the capacity to record two events in a multi-event
                crash.
                 In addition, part 563 requires vehicle manufacturers to make a
                retrieval tool for the EDR information commercially available, and
                include a standardized statement in the owner's manual indicating that
                the vehicle is equipped with an EDR and describing its purpose. Part
                563 helps ensure that EDRs record, in a readily usable manner, data
                valuable for effective crash investigations and for analysis of safety
                equipment performance (e.g., advanced restraint systems).
                 Description of the Need for the Information and Proposed Use of the
                Information: Under 49 U.S.C. 322(a), the Secretary of Transportation
                (the ``Secretary'') is authorized to prescribe regulations to carry out
                the duties and powers of the Secretary. One of the duties of the
                Secretary is to administer the National Traffic and Motor Vehicle
                Safety Act, as amended. The Secretary has delegated the responsibility
                for carrying out the National Traffic and Motor Vehicle Safety Act to
                NHTSA.\1\ Two statutory provisions, 49 U.S.C. 30182 and 23 U.S.C. 403,
                authorize NHTSA to collect motor vehicle crash data to support its
                safety mission. NHTSA collects motor vehicle crash information under
                these authorities to support its statutory mandate to establish motor
                vehicle safety standards and reduce the occurrence and cost of traffic
                crashes.\2\ NHTSA also utilizes crash data in the enforcement of motor
                vehicle safety recalls and other motor vehicle highway safety programs
                that reduce fatalities, injuries, and property damage caused by motor
                vehicle crashes. In 2006, NHTSA exercised its general authority to
                issue such rules and regulations as deemed necessary to carry out
                Chapter 301 of Title 49, United States Code to promulgate 49 CFR part
                563.\3\
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                 \1\ 49 U.S.C. 105 and 322; delegation of authority at 49 CFR
                1.95.
                 \2\ See 49 U.S.C. 30101 and 30111.
                 \3\ 71 FR 50997, August 28, 2006.
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                 NHTSA issued part 563 to improve crash data collection by
                standardizing data recorded on EDRs to help provide a better
                understanding of the circumstances in which crashes and injuries occur,
                which will in turn lead to the development of safer vehicle designs.
                EDR data are used to improve the quality of crash data collection to
                assist safety researchers, vehicle manufacturers, and the agency in
                crash investigations to understand vehicle crashes better and more
                precisely. Similarly, vehicle manufacturers are able to utilize EDRs in
                improving vehicle designs and developing more effective vehicle safety
                countermeasures, and EDR data may be used by Advanced Automatic Crash
                Notification (AACN) systems to aid emergency response teams in
                assessing the severity of a crash and estimating the probability of
                serious injury.
                 Additionally, the agency's experience in handling unintended
                acceleration and pedal entrapment allegations has demonstrated that, if
                a vehicle is equipped with an EDR, the data from that EDR can improve
                the ability of both the agency and the vehicle's manufacturer to
                identify and address safety concerns associated with possible defects
                in the design or performance of the vehicle.
                 60-Day Notice: A Federal Register notice with a 60-day comment
                period soliciting public comments on the following information
                collection was published on August 26, 2021 (86 FR 47719). Four
                comments were submitted in response to the notice. The commenters were
                the Insurance Institute for Highway Safety and Highway Loss Data
                Institute, the National Association of Mutual Insurance Companies,
                Advocates for Highway and Auto Safety, and the Center for Auto Safety.
                All commenters supported the information collection;
                [[Page 15303]]
                however, the comments did not address the estimated cost and hour
                burden of this information collection. The comments instead made
                recommendations unrelated to this information collection for NHTSA to
                mandate event data recorders and expand the number of data elements
                required in part 563 and to make the data available to the public for
                certain vehicles. These comments, however, cannot be addressed by this
                process of seeking approval for the information collection for the
                current part 563. NHTSA also notes that the Driver Privacy Act of 2015
                assigns ownership of EDR data to the vehicle owner, provides
                limitations on data retrieval from EDR data, and generally prohibits
                access to EDR data with specific exceptions to this general rule.
                 Affected Public: The respondents are manufacturers that voluntarily
                equip passenger cars, multipurpose passenger vehicles, trucks, and
                buses having a GVWR of 3,855 kg (8,500 pounds) or less and an unloaded
                vehicle weight of 2,495 kg (5,500 pounds) with EDRs.
                 Estimated Number of Respondents: The agency estimates that there
                are approximately 18 manufacturers of vehicles subject to part 563.
                 Estimated Total Annual Burden Hours: NHTSA estimates that there are
                no annual reporting or recordkeeping burdens associated with part 563,
                except for the owner's manual statement requirement which will be
                incorporated into the consolidated owner's manual requirements
                information collection (OMB Control Number 2127-0541). Vehicle
                manufacturers are not required to retain or report information gathered
                by EDRs because the devices themselves continuously monitor vehicle
                systems and determine when to record, retain, and/or overwrite
                information. The information is collected automatically by electronic
                means. Data are only required to be locked and cannot be overwritten
                when a recordable event occurs (e.g., an air bag deploys in a crash
                event). When recordable events do occur, EDRs only capture data for a
                few seconds. NHTSA estimates that there is no annual hourly burden
                associated with the information standardization requirements of part
                563.
                 Estimated Total Annual Burden Cost: In the August 2006 final rule,
                the agency estimated that the costs associated with the final rule were
                negligible. Several factors contributed to this determination. First,
                NHTSA estimated that about 64 percent of new light vehicles in 2005
                already added the EDR capability to the vehicles' existing air bag
                control systems. Thus, the EDRs were simply capturing information that
                was already being processed by the vehicle. Additionally, in the final
                rule the agency sought to limit the number of EDR data elements and
                associated requirements to the minimum necessary to achieve our stated
                purposes. At that time, NHTSA determined that the industry's current
                state-of-the-art EDRs largely met the purposes of part 563. Thus, it
                was unnecessary to specify requirements for additional sensors or other
                hardware that would increase EDR costs appreciably. NHTSA stated in the
                final rule that the most significant technology cost could result from
                the need to upgrade data storage.
                 The cost of data storage, long-term or short-term, has drastically
                reduced over the years.\4\ Regardless of the storage type, costs are
                now a fraction of what they were even 10 years ago.\5\ A recent study
                from NHTSA looking at EDR technologies reported that information
                provided by industry indicated that a typical recorded event requires
                about 2 kilobytes (Kb) of memory depending on the manufacturer.\6\
                Information from manufacturers also indicated that the typical
                microprocessor used in vehicle applications, in approximately the 2013
                timeframe, had 32 Kb or 64 Kb of flash data as part of the air bag
                control module (ACM) and that only a fraction of the memory is
                dedicated to the EDR data. This study also estimated the total memory
                usage for all Table I and Table II data elements, listed at 49 CFR
                563.7, recorded for the minimum required duration and frequency
                requirements in part 563. It reported that to record Table I and II
                data elements would require 0.072 Kb and 0.858 Kb of memory storage,
                respectively.
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                 \4\ https://www.computerworld.com/article/3182207/cw50-data-storage-goes-from-1m-to-2-cents-per-gigabyte.html.
                 \5\ https://hblok.net/blog/posts/2017/12/17/historical-cost-of-computer-memory-and-storage-4/.
                 \6\ DOT HS 812 929, https://www.nhtsa.gov/document/light-vehicle-event-data-recorder-technologies.
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                 In addition, NHTSA now estimates that 99.5 percent of model year
                2021 light vehicles have a compliant EDR, meaning manufacturers have
                largely already incurred the cost of meeting the part 563 requirements.
                Given that EDRs are installed on nearly all new light vehicles, the
                large amount of storage that is part of the air bag control module (32
                kb or 64 kb), the small fraction required for EDR data (

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