Agency Information Collection Activities; Notice and Request for Comment; Incident Reporting for Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance Systems (ADAS), 54287-54291 [2021-21203]

Download as PDF Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke Cliff’s renewal exemption. John Van Steenburg, Executive Director. [FR Doc. 2021–21233 Filed 9–29–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2021–0070] Agency Information Collection Activities; Notice and Request for Comment; Incident Reporting for Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance Systems (ADAS) 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. AGENCY: The National Highway Traffic Safety Administration (NHTSA) invites public comments about our intention to request approval from the Office of Management and Budget (OMB) for an extension of a currently approved information collection. Before a Federal agency can collect certain information from the public, it must receive approval from OMB. Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatements of previously approved collections. This document describes NHTSA’s information collection for incident reporting requirements for Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance Systems (ADAS). NHTSA recently requested emergency review of its request for approval of this information collection and received a six-month approval. NHTSA now intends to follow the normal clearance procedures and request OMB’s approval for a three-year extension of this currently approved information collection. DATES: Comments must be submitted on or before November 29, 2021. ADDRESSES: You may submit comments identified by the Docket No. NHTSA– LOTTER on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:15 Sep 29, 2021 Jkt 253001 2021–0070 through any of the following methods: • Electronic submissions: Go to the Federal eRulemaking Portal at https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: (202) 493–2251. • Mail or Hand Delivery: Docket Management, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12– 140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. To be sure someone is there to help you, please call (202) 366–9322 before coming. Instructions: All submissions must include the agency name and docket number for this notice. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78) or you may visit https:// www.transportation.gov/privacy. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov or the street address listed above. Follow the online instructions for accessing the dockets via internet. FOR FURTHER INFORMATION CONTACT: For additional information or access to background documents, contact Jeff Eyres, Office of Chief Counsel, telephone (202) 913–4307, or email at jeffrey.eyres@dot.gov, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), before an agency submits a proposed collection of information to OMB for approval (including a request for an extension of a currently approved collection), it must first publish a document in the Federal Register providing a 60-day comment period and otherwise consult with members of the public and affected agencies concerning each proposed collection of information. The OMB has promulgated regulations describing what must be included in such a document. Under OMB’s regulation (5 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 54287 CFR 1320.8(d)), an agency must ask for public comment on the following: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) how to enhance the quality, utility, and clarity of the information to be collected; and (d) how to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses. In compliance with these requirements, NHTSA asks for public comments on the following proposed extension of a currently approved collection of information, for which the agency is seeking approval from OMB. Title: Incident Reporting for Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance Systems (ADAS). OMB Control Number: 2127–0754. Form Number(s): Form 1612. Type of Request: Approval of an extension of a currently approved collection of information. Type of Review Requested: Regular. Requested Expiration Date of Approval: 3 years from date of approval. Summary of the Collection of Information: The currently approved information collection request (ICR) for which NHTSA intends to request an extension requires certain manufacturers of motor vehicles and equipment and operators of motor vehicles to submit incident reports for certain crashes involving Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance Systems (ADAS). These crash reporting obligations are set forth in NHTSA’s Standing General Order 2021–01 (General Order), which requires those manufacturers and operators named in and served with the General Order to report crashes that meet specified criteria to NHTSA.1 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 1 A copy of the General Order is available on NHTSA’s website at https://www.nhtsa.gov/lawsregulations/standing-general-order-crash-reportinglevels-driving-automation-2-5. E:\FR\FM\30SEN1.SGM 30SEN1 LOTTER on DSK11XQN23PROD with NOTICES1 54288 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices 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 (≤30 seconds) the crash. The reporting obligations are limited to those entities named in and served with the General Order. The General Order imposes no reporting obligations on any other companies and likewise imposes no reporting obligations on any individual consumers. In the event of a reportable crash, the General Order requires the reporting entity to submit an incident report electronically to NHTSA. The required report includes basic information sufficient for NHTSA to identify those crashes warranting follow-up. Crashes involving ADS or Level 2 ADAS equipped vehicles that meet specified criteria must be reported within one calendar day after the reporting entity receives notice of the crash, and other crashes involving ADS equipped vehicles must be reported on a monthly basis. The reporting obligations in the General Order are specific to these crashes, which are a primary source of information regarding potential defects in ADS or Level 2 ADAS. 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 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 day after the reporting entity receives notice of the crash, and an updated report is due 10 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 of these reportable crashes, the reporting entity will have minimal information on the 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 give the reporting entity more time to gather information required by the incident report form. No additional or incremental information is required for the 10-day report. VerDate Sep<11>2014 18:15 Sep 29, 2021 Jkt 253001 Separately, under Request No. 2 of the General Order, a reporting entity must report any crash involving an ADS equipped vehicle that does not meet the previous criteria but nonetheless involves personal injury or property damage on the fifteenth day of the month after the reporting entity receives notice of the crash. Under Request No. 3 of the General Order, a reporting entity that receives new material or materially different information regarding a crash previously reported to NHTSA is required to file an updated report the following month. Finally, under Request No. 4 of the General Order, a reporting entity that has no new or updated crash reports under Request No. 2 or Request No. 3 for a given month must file a report stating so on the fifteenth day of the following month. The monthly reports and updated reports required under Request No. 2, Request No. 3, and Request No. 4 utilize the same form and request the same information as the one-day reports required under Request No. 1. This information collection provides NHTSA with information it needs to carry out its statutory mandate to protect the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident. NHTSA recently 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 this information collection the OMB control number 2127–0754. NHTSA is publishing this document to seek an extension of this information collection. Description of the Need for the Information and Proposed Use of the Information Under the National Traffic and Motor Vehicle Safety Act, as amended (the Safety Act), 49 U.S.C. Chapter 301, NHTSA is charged with authority ‘‘to reduce traffic accidents and deaths and injuries resulting from traffic accidents.’’ To carry out this statutory mandate, NHTSA has broad information gathering authority, including authority to obtain information on vehicle crashes, potential defects related to motor vehicle safety, and compliance with legal requirements to timely identify and conduct recalls for safety defects. 49 U.S.C. 30166(e), (g), 30118– 30120; 49 CFR part 510. PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 NHTSA’s statutory mandate includes the exercise of its authority to proactively ensure that motor vehicles and motor vehicle equipment, including those with novel technologies, perform in ways that protect the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident. 49 U.S.C. 30102. Both ADS and ADAS are ‘‘motor vehicle equipment’’ subject to the requirements of the Safety Act. Given the rapid evolution of these technologies and increasing testing of new technologies and features on publicly accessible roads, it is critical for NHTSA to exercise its oversight over potential safety defects in vehicles operating with ADS and Level 2 ADAS. The Safety Act is preventive, and the identification of safety defects does not and should not wait for injuries or deaths to occur. ADS and ADAS are new technologies that fundamentally alter the task of driving a motor vehicle. Crashes involving vehicles equipped with these technologies have resulted in multiple fatalities and serious injuries, and NHTSA anticipates that the number of these crashes will continue to grow in the near future given the increased number of these vehicles on the road and the increased number of vehicle and equipment manufacturers in the market. The General Order provides the agency with critical and timely safety data, which assists the agency in identifying potential safety issues resulting from the operation of advanced technologies on public roads. Access to this crash data may show whether there are common patterns in vehicle crashes or systematic problems with specific vehicles or systems, any of which may reflect a potential safety defect. NHTSA intends to evaluate whether specific manufacturers (including manufacturers of prototype vehicles and equipment) are meeting their statutory obligations to ensure that their vehicles and equipment are free of defects that pose an unreasonable risk to motor vehicle safety, or are recalled if such a safety defect is identified. NHTSA’s oversight of potential safety defects in vehicles operating on publicly accessible roads using ADS or Level 2 ADAS requires that NHTSA have timely information on incidents involving those vehicles. In carrying out the Safety Act, NHTSA may ‘‘require, by general or special order, any person to file reports or answers to specific questions.’’ 49 U.S.C. 30166(g)(1)(A). Affected Public: Vehicle and equipment manufacturers and operators E:\FR\FM\30SEN1.SGM 30SEN1 LOTTER on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices of ADS or Level 2 ADAS equipped vehicles. Estimated Number of Respondents: 110. Frequency: Monthly and on occasion. Estimated Total Annual Burden Hours: 11,745 hours. To estimate the burden associated with this information collection, NHTSA separated the requirements of the General Order into seven components: (1) Incident reports involving Level 2 ADAS that must be submitted within one business day; (2) updates to incident reports involving Level 2 ADAS that must be submitted within ten days; (3) incident reports involving ADS that must be submitted within one business day; (4) updates to incident reports involving ADS that must be submitted within ten days; (5) monthly reports; (6) training employees on the requirements; and (7) time to set up an account to submit the reports. The burden associated with categories (6) and (7) 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. NHTSA 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. NHTSA also believes that some existing reporting entities will be removed from the General Order due to the cessation of operations or market consolidation. Incident reports involving Level 2 ADAS that must be submitted within one business day. 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 General Order only requires reporting of Level 2 ADAS crashes 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 VerDate Sep<11>2014 18:15 Sep 29, 2021 Jkt 253001 commencement of the crash through the conclusion of the crash; and (3) the crash resulted in any individual being transported to a hospital for medical treatment, a fatality, a vehicle tow-away, an air bag deployment, or involved a vulnerable road user.2 These crashes must be reported within one business day. Based on the number of manufacturers that manufacture vehicles equipped with Level 2 ADAS systems, NHTSA estimates that it will receive responses from 20 respondents reporting Level 2 ADAS crashes each year. Further, after evaluating information available to the agency regarding the number of Level 2 ADAS crashes and the number of vehicles equipped with Level 2 ADAS, NHTSA estimates that it will receive, on average, 3,400 Level 2 ADAS crash reports each year. NHTSA believes this is a high-end estimate and will refine this estimate after seeking public comment. NHTSA expects that the number of crash reports submitted by each respondent will vary significantly, with some manufacturers submitting many more reports than others. However, on average, NHTSA estimates that each respondent will submit, on average 170 crash reports per year. NHTSA estimates that it will take respondents approximately 2 hours to compile and submit each crash report. Therefore, NHTSA estimates the total annual burden hours for submitting Level 2 ADAS crash reports to be 340 hours per manufacturer (2 hours × 170 crash reports) and 6,800 hours for all manufacturers (340 hours × 20 manufacturers). Updates to incident reports involving Level 2 ADAS that must be submitted within ten days. In addition to submitting information on certain Level 2 ADAS crashes within one day, manufacturers must also submit updated information within ten days. NHTSA estimates that updating the crash reports will take approximately 1 hour per report. Therefore, NHTSA estimates that it will take each manufacturer approximately 170 hours each year to submit updated Level 2 ADAS crash reports (1 hour × 170 crash reports) and 3,400 hours for all Level 2 ADAS manufacturers (170 hours × 20 manufacturers). 2A ‘‘vulnerable road user’’ is defined in the General Order to mean and include ‘‘any person who is not an occupant of a motor vehicle with more than three wheels. This definition includes, but is not limited to, pedestrians, persons traveling in wheelchairs, bicyclists, motorcyclists, and riders or occupants of other transport vehicles that are not motor vehicles, such as all-terrain vehicles and tractors.’’ PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 54289 Incident reports involving ADS that must be submitted within one business day. To estimate the number of one-day ADS crash reports NHTSA will receive in each year, NHTSA looked at the number of ADS crashes reported to California.3 There were 105 ADS crashes reported to California in 2019.4 NHTSA believes that it is reasonable to assume that about half of all ADS testing in the United States is occurring in California. Therefore, NHTSA expects that there will be approximately 200 ADS crashes in a year that manufacturers and operators will be required to report to NHTSA. Some of these crashes will be required to be submitted within one day and the rest will be required to be submitted on a monthly basis. The requirements for when ADS crashes must be reported within one day are the same as for Level 2 ADAS crashes: (1) The crash occurred on a publicly accessible road in the United States (including any of its territories); (2) the ADS 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 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. Based on NHTSA’s review of the California crash reports, NHTSA believes that about half of the ADS crashes will be submitted in monthly reports, with the other half of crashes being submitted within one day. Therefore, NHTSA estimates that 100 ADS crash reports a year will be submitted within one day. NHTSA estimates that each ADS crash report will take 2 hours to complete and submit, including the time to submit updated reports. Therefore, NHTSA estimates the burden per respondent to be 2 hours (1 crash report × 2 hours) and 200 hours for all respondents (100 ADS crash reports × 2 hours). Updates to incident reports involving ADS that must be submitted within ten days. In addition to submitting information on certain ADS crashes within one day, manufacturers and operators must also submit updated information within ten days. NHTSA 3 See https://www.dmv.ca.gov/portal/vehicleindustry-services/autonomous-vehicles/ autonomous-vehicle-collision-reports/. 4 NHTSA chose to use the 2019 data instead of using data from 2020 or an average of the two years because of the impact of the COVID–19 health emergency on ADS operations. We note that this is overinclusive because reports are only due to NHTSA when the ADS was in operation shortly before or during the crash. E:\FR\FM\30SEN1.SGM 30SEN1 LOTTER on DSK11XQN23PROD with NOTICES1 54290 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices estimates that updating the crash reports will take approximately 1 hour per report. Therefore, NHTSA estimates that it will take each manufacturer approximately 1 hour each year to submit updated ADS crash reports and 100 hours for all ADS manufacturers and operators (1 hour × 100 crash reports). Monthly reports. This information collection requires respondents to submit monthly reports. ADS manufacturers and operators must report crashes in these monthly reports that are reportable but were not required to be submitted within one day. Additionally, both ADS manufacturers and operators and ADAS manufacturers will be required to submit information in monthly reports if they receive new material or materially different information about crashes for which the respondent already submitted reports (via one-day reports, 10-day update reports, or prior monthly reports). Further, as explained above, manufacturers and operators of ADSequipped vehicles and Level 2 ADAS vehicles are required to submit monthly reports even when they do not have any new or updated crash reports under Request No. 2 or Request No. 3 to submit. If they do not have any reportable information under Requests Nos. 2 or 3, their monthly report is a simple certification. To estimate the burden of monthly reports, NHTSA considered the burden for monthly reports with initial ADS crash reports, monthly reports with updates to previously submitted crash reports, and those with certifications of no reportable information. NHTSA estimates there will be 110 Level 2 ADAS and ADS vehicle manufacturers and operators that will be required to submit monthly reports each year, for a total of 1,320 monthly reports annually. NHTSA estimates that the burden for preparing and submitting monthly reports will vary depending on whether the monthly report includes no reportable information, new reportable information, or updates to previously submitted information. Some of these respondents may be required to submit only information about ADS crashes or Level 2 ADAS crashes and some may be required to submit information about both types of crashes. NHTSA estimates that because ADS equipped vehicles are often operated in small, controlled fleets, the reporting entities will readily know whether there have been any crashes that must be reported to NHTSA. Level 2 ADAS vehicles, however, are typically produced by large manufacturers and operated by consumers. Therefore, NHTSA estimates VerDate Sep<11>2014 18:15 Sep 29, 2021 Jkt 253001 that each monthly report submitted by an ADS manufacturer or operator will take 15 minutes to submit, and for ADS manufacturers that have no reportable information to submit, this will be the only burden associated with submitting the monthly report. For manufacturers that also produce ADAS Level 2 vehicles, NHTSA estimates that submitting monthly reports will take 2 hours, which allow the manufacturer to verify whether the manufacturers have received any reportable information. NHTSA estimates that there will be 90 ADS manufacturers and operators and 20 manufacturers of Level 2 ADAS vehicles each year (including manufacturers that produce both Level 2 ADAS vehicles and ADS vehicles). Therefore, NHTSA estimates that annually respondents will spend 750 hours preparing and submitting monthly reports not including burden associated with providing new or updated reportable information (90 ADS manufacturers and operators × 12 monthly reports × 0.25 hours = 270 hours; 20 Level 2 ADAS manufacturers × 12 monthly reports × 2 hours = 480 hours; 270 + 480 = 750). As described above, NHTSA estimates that there will be 200 ADS crash reports each year and 100 of those will be required to be submitted within one business day. The remaining 100 ADS crash reports will be submitted via monthly reports. NHTSA estimates that preparing and submitting monthly reports that contain crash reports to take, on average, 2 hours to prepare and submit. Therefore, NHTSA estimates the burden associated with preparing and submitting ADS crash report information that will be submitted in monthly reports to be 200 hours (100 monthly reports × 2 hours). In addition to submitting information about new ADS crashes in monthly reports, respondents also are required to submit updated information in the following month if any new material or materially different information about any ADS or Level 2 ADAS incident is received. NHTSA estimates that for 20% of ADS crashes first reported in a monthly report (i.e., not a one-day report), respondents will need to submit updated information. For ADS and Level 2 ADAS crashes that are reported within one business day, NHTSA estimates that respondents will need to submit updated information in monthly reports for 5% of those crashes (these would be updates in addition to those reported within ten days). Therefore, NHTSA estimates that 195 monthly reports will include updated crash information (100 ADS crashes first reported in monthly reports × 0.2 = 20 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 3,400 Level 2 ADAS one-day crashes × 0.05 = 170; 100 ADS one-day crashes × 0.05 = 5; 20 + 170 + 5 = 195). NHTSA estimates that providing updated information within a monthly report will take 1 hour. Therefore, NHTSA estimates the burden for monthly reports with updated information to be 195 hours (195 monthly reports × 1 hour). The total burden associated with monthly reports is estimated to be 1,145 hours (750 hours + 200 hours + 195 hours), which averages to about 10.4 hours per respondent. Training employees on the requirements. In addition to the burden associated with preparing and submitting reports, any new reporting entities added to the General Order are also expected to incur burden associated with training employees on the reporting requirements. As explained above, the existing 108 reporting entities named in the General Order will not incur this burden during the requested extension. NHTSA estimates that there will be an average of seven new reporting entities added to the General Order each year during the proposed extension, that an average of five of these new reporting entities will be ADS manufacturers or operators and that an average of two of these new reporting entities will be Level 2 ADAS manufacturers. NHTSA expects that ADS manufacturers and operators normally monitor all crashes and, therefore, will not need to train personnel on how to respond to this new information collection. NHTSA, however, does expect that some Level 2 ADAS manufacturers may need to spend time training personnel on the requirements. Although the amount of time may vary by manufacturer, NHTSA estimates that, on average, the two Level 2 ADAS manufacturers will spend 40 hours on training. Therefore, NHTSA estimates the total annual burden for training to be 80 hours (2 manufacturers × 40 hours). Time to set up an account to submit the reports. NHTSA also estimates that new responding entities added to the General Order during the proposed extension period will need to set up a new account with NHTSA to allow them to submit reports. NHTSA estimates that each of the estimated average of 10 responding entities added to the General Order annually need to set up new accounts with NHTSA. NHTSA estimates that setting up an account will take 2 hours. Therefore, NHTSA estimates the total annual burden to be 20 hours. E:\FR\FM\30SEN1.SGM 30SEN1 54291 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices NHTSA estimates the total annual burden hours for the seven components of this ICR to be 11,745 hours (6,800 hours for initial one-day Level 2 ADAS reports, 3,400 hours for updated oneday Level 2 ADAS reports, 200 hours for initial one-day ADS reports, 100 hours for updated ADS reports, 945 hours for monthly reports, 80 hours for training, and 20 hours for setting up new accounts). To calculate the labor cost associated with preparing and submitting crash reports and reports, training, and setting up new accounts, NHTSA looked at wage estimates for the type of personnel involved with these activities. NHTSA estimates the total labor costs associated with these burden hours by looking at the average wage for architectural and engineering managers in the motor vehicle manufacturing industry (Standard Occupational Classification # 11–9041). The Bureau of Labor Statistics (BLS) estimates that the average hourly wage is $65.62.5 The Bureau of Labor Statistics estimates that private industry workers’ wages represent 70.4% of total labor compensation costs.6 Therefore, NHTSA estimates the hourly labor costs to be $93.21. Accordingly, NHTSA estimates the total labor cost associated with the 11,745 burden hours to be $1,168,760. Table 1 provides a summary of the estimated burden hours and labor costs associated with those submissions. TABLE 1—BURDEN ESTIMATES Number of responses (number of respondents) Description of information collection component Level 2 ADAS one-day reports, initial. Level 2 ADAS one-day reports, update. ADS one-day reports, initial ......... ADS one-day reports, update ...... Monthly Reports ........................... Training ........................................ Setting Up Account ...................... Total ...................................... LOTTER on DSK11XQN23PROD with NOTICES1 Labor cost per response Total burden hours Total labor costs 2 (340) $93.21 $186.42 6,800 $633,828. 3,400 (20) 1 (170) 93.21 93.21 3,400 316,914. 100 100 1,320 (110) 2 (2) 10 (10) 2 1 0.87 (10.4) 40 (40) 2 (2) 93.21 93.21 93.21 93.21 93.21 186.42 93.21 80.85 3,728.40 186.42 200 100 1,145 80 20 18,642. 9,321. 106,724.45 (106,724). 7,456.80 (7,457). 1,864.20 (1,864). 8,320 (110) ........................ ........................ ........................ 11,745 NHTSA does not currently know whether manufacturers will incur additional costs, nor does NHTSA have a basis for estimating these costs. However, in the interim, NHTSA believes manufacturers will be able to comply with requirements by only incurring labor costs associated with the burden hours. Public Comments Invited: You are asked to comment on any aspects of this information collection, including (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (b) the accuracy of the Department’s estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as 5 See May 2020 National Industry-Specific Occupational Employment and Wage Estimates, NAICS 336100—Motor Vehicle Manufacturing, available at https://www.bls.gov/oes/current/ 18:15 Sep 29, 2021 Average hourly labor cost 3,400 (20) Estimated Total Annual Burden Cost VerDate Sep<11>2014 Estimated burden per response (burden per respondent) (hours) Jkt 253001 amended; 49 CFR 1.49; and DOT Order 1351.29. Ann E. Carlson, Chief Counsel. [FR Doc. 2021–21203 Filed 9–29–21; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Nissan North America, Inc. National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition for exemption. AGENCY: This document grants in full the Nissan North America, Inc.’s (Nissan) petition for exemption from the Federal Motor Vehicle Theft Prevention Standard (theft prevention standard) for its ARIYA vehicle line beginning in model year (MY) 2023. The petition is granted because the agency has determined that the antitheft device to SUMMARY: naics4_336100.htm#15-0000 (accessed June 21, 2021). 6 See Table 1. Employer Costs for Employee Compensation by ownership (Mar. 2021), available PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 1,094,751. be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the partsmarking requirements of the theft prevention standard. Nissan also requested confidential treatment for specific information in its petition. Therefore, no confidential information provided for purposes of this notice has been disclosed. DATES: The exemption granted by this notice is effective beginning with the 2023 model year. FOR FURTHER INFORMATION CONTACT: Carlita Ballard, Office of International Policy, Fuel Economy, and Consumer Programs, NHTSA, West Building, W43–439, NRM–310, 1200 New Jersey Avenue SE, Washington, DC 20590. Ms. Ballard’s phone number is (202) 366– 5222. Her fax number is (202) 493–2990. SUPPLEMENTARY INFORMATION: Under 49 U.S.C. Chapter 331, the Secretary of Transportation (and the National Highway Traffic Safety Administration (NHTSA) by delegation) is required to promulgate a theft prevention standard to provide for the identification of certain motor vehicles and their major at https://www.bls.gov/news.release/ecec.t01.htm (accessed June 21, 2021). E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54287-54291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21203]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0070]


Agency Information Collection Activities; Notice and Request for 
Comment; Incident Reporting for Automated Driving Systems (ADS) and 
Level 2 Advanced Driver Assistance Systems (ADAS)

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

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

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SUMMARY: The National Highway Traffic Safety Administration (NHTSA) 
invites public comments about our intention to request approval from 
the Office of Management and Budget (OMB) for an extension of a 
currently approved information collection. Before a Federal agency can 
collect certain information from the public, it must receive approval 
from OMB. Under procedures established by the Paperwork Reduction Act 
of 1995, before seeking OMB approval, Federal agencies must solicit 
public comment on proposed collections of information, including 
extensions and reinstatements of previously approved collections. This 
document describes NHTSA's information collection for incident 
reporting requirements for Automated Driving Systems (ADS) and Level 2 
Advanced Driver Assistance Systems (ADAS). NHTSA recently requested 
emergency review of its request for approval of this information 
collection and received a six-month approval. NHTSA now intends to 
follow the normal clearance procedures and request OMB's approval for a 
three-year extension of this currently approved information collection.

DATES: Comments must be submitted on or before November 29, 2021.

ADDRESSES: You may submit comments identified by the Docket No. NHTSA-
2021-0070 through any of the following methods:
     Electronic submissions: Go to the Federal eRulemaking 
Portal at https://www.regulations.gov. Follow the online instructions 
for submitting comments.
     Fax: (202) 493-2251.
     Mail or Hand Delivery: Docket Management, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-
140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except on Federal holidays. To be sure someone is there to help 
you, please call (202) 366-9322 before coming.
    Instructions: All submissions must include the agency name and 
docket number for this notice. Note that all comments received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading 
below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov or the street 
address listed above. Follow the online instructions for accessing the 
dockets via internet.

FOR FURTHER INFORMATION CONTACT: For additional information or access 
to background documents, contact Jeff Eyres, Office of Chief Counsel, 
telephone (202) 913-4307, or email at [email protected], U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 
20590.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.), before an agency submits a proposed 
collection of information to OMB for approval (including a request for 
an extension of a currently approved collection), it must first publish 
a document in the Federal Register providing a 60-day comment period 
and otherwise consult with members of the public and affected agencies 
concerning each proposed collection of information. The OMB has 
promulgated regulations describing what must be included in such a 
document. Under OMB's regulation (5 CFR 1320.8(d)), an agency must ask 
for public comment on the following: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information will 
have practical utility; (b) the accuracy of the agency's estimate of 
the burden of the proposed collection of information, including the 
validity of the methodology and assumptions used; (c) how to enhance 
the quality, utility, and clarity of the information to be collected; 
and (d) how to minimize the burden of the collection of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g. permitting electronic 
submission of responses. In compliance with these requirements, NHTSA 
asks for public comments on the following proposed extension of a 
currently approved collection of information, for which the agency is 
seeking approval from OMB.
    Title: Incident Reporting for Automated Driving Systems (ADS) and 
Level 2 Advanced Driver Assistance Systems (ADAS).
    OMB Control Number: 2127-0754.
    Form Number(s): Form 1612.
    Type of Request: Approval of an extension of a currently approved 
collection of information.
    Type of Review Requested: Regular.
    Requested Expiration Date of Approval: 3 years from date of 
approval.
    Summary of the Collection of Information: The currently approved 
information collection request (ICR) for which NHTSA intends to request 
an extension requires certain manufacturers of motor vehicles and 
equipment and operators of motor vehicles to submit incident reports 
for certain crashes involving Automated Driving Systems (ADS) and Level 
2 Advanced Driver Assistance Systems (ADAS). These crash reporting 
obligations are set forth in NHTSA's Standing General Order 2021-01 
(General Order), which requires those manufacturers and operators named 
in and served with the General Order to report crashes that meet 
specified criteria to NHTSA.\1\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    Specifically, the General Order requires the named manufacturers 
and operators (the reporting entities) to submit reports if they 
receive notice of certain crashes involving an ADS or Level 2 ADAS 
equipped vehicle that

[[Page 54288]]

occur on publicly accessible roads in the United States. To be 
reportable, the vehicle, the ADS, or the Level 2 ADAS must have been 
manufactured by the reporting entity or the vehicle must have been 
operated by a reporting entity at the time of the crash, and the ADS or 
Level 2 ADAS must have been engaged at the time of or immediately 
before (<=30 seconds) the crash. The reporting obligations are limited 
to those entities named in and served with the General Order. The 
General Order imposes no reporting obligations on any other companies 
and likewise imposes no reporting obligations on any individual 
consumers.
    In the event of a reportable crash, the General Order requires the 
reporting entity to submit an incident report electronically to NHTSA. 
The required report includes basic information sufficient for NHTSA to 
identify those crashes warranting follow-up. Crashes involving ADS or 
Level 2 ADAS equipped vehicles that meet specified criteria must be 
reported within one calendar day after the reporting entity receives 
notice of the crash, and other crashes involving ADS equipped vehicles 
must be reported on a monthly basis. The reporting obligations in the 
General Order are specific to these crashes, which are a primary source 
of information regarding potential defects in ADS or Level 2 ADAS.
    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 
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 day after the 
reporting entity receives notice of the crash, and an updated report is 
due 10 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 of these reportable crashes, the reporting entity will have 
minimal information on the 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 give the reporting entity more time to gather 
information required by the incident report form. No additional or 
incremental information is required for the 10-day report.
    Separately, under Request No. 2 of the General Order, a reporting 
entity must report any crash involving an ADS equipped vehicle that 
does not meet the previous criteria but nonetheless involves personal 
injury or property damage on the fifteenth day of the month after the 
reporting entity receives notice of the crash. Under Request No. 3 of 
the General Order, a reporting entity that receives new material or 
materially different information regarding a crash previously reported 
to NHTSA is required to file an updated report the following month. 
Finally, under Request No. 4 of the General Order, a reporting entity 
that has no new or updated crash reports under Request No. 2 or Request 
No. 3 for a given month must file a report stating so on the fifteenth 
day of the following month. The monthly reports and updated reports 
required under Request No. 2, Request No. 3, and Request No. 4 utilize 
the same form and request the same information as the one-day reports 
required under Request No. 1.
    This information collection provides NHTSA with information it 
needs to carry out its statutory mandate to protect the public against 
unreasonable risk of accidents occurring because of the design, 
construction, or performance of a motor vehicle, and against 
unreasonable risk of death or injury in an accident.
    NHTSA recently 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 this information collection the OMB 
control number 2127-0754. NHTSA is publishing this document to seek an 
extension of this information collection.

Description of the Need for the Information and Proposed Use of the 
Information

    Under the National Traffic and Motor Vehicle Safety Act, as amended 
(the Safety Act), 49 U.S.C. Chapter 301, NHTSA is charged with 
authority ``to reduce traffic accidents and deaths and injuries 
resulting from traffic accidents.'' To carry out this statutory 
mandate, NHTSA has broad information gathering authority, including 
authority to obtain information on vehicle crashes, potential defects 
related to motor vehicle safety, and compliance with legal requirements 
to timely identify and conduct recalls for safety defects. 49 U.S.C. 
30166(e), (g), 30118-30120; 49 CFR part 510.
    NHTSA's statutory mandate includes the exercise of its authority to 
proactively ensure that motor vehicles and motor vehicle equipment, 
including those with novel technologies, perform in ways that protect 
the public against unreasonable risk of accidents occurring because of 
the design, construction, or performance of a motor vehicle, and 
against unreasonable risk of death or injury in an accident. 49 U.S.C. 
30102. Both ADS and ADAS are ``motor vehicle equipment'' subject to the 
requirements of the Safety Act. Given the rapid evolution of these 
technologies and increasing testing of new technologies and features on 
publicly accessible roads, it is critical for NHTSA to exercise its 
oversight over potential safety defects in vehicles operating with ADS 
and Level 2 ADAS. The Safety Act is preventive, and the identification 
of safety defects does not and should not wait for injuries or deaths 
to occur.
    ADS and ADAS are new technologies that fundamentally alter the task 
of driving a motor vehicle. Crashes involving vehicles equipped with 
these technologies have resulted in multiple fatalities and serious 
injuries, and NHTSA anticipates that the number of these crashes will 
continue to grow in the near future given the increased number of these 
vehicles on the road and the increased number of vehicle and equipment 
manufacturers in the market. The General Order provides the agency with 
critical and timely safety data, which assists the agency in 
identifying potential safety issues resulting from the operation of 
advanced technologies on public roads. Access to this crash data may 
show whether there are common patterns in vehicle crashes or systematic 
problems with specific vehicles or systems, any of which may reflect a 
potential safety defect.
    NHTSA intends to evaluate whether specific manufacturers (including 
manufacturers of prototype vehicles and equipment) are meeting their 
statutory obligations to ensure that their vehicles and equipment are 
free of defects that pose an unreasonable risk to motor vehicle safety, 
or are recalled if such a safety defect is identified. NHTSA's 
oversight of potential safety defects in vehicles operating on publicly 
accessible roads using ADS or Level 2 ADAS requires that NHTSA have 
timely information on incidents involving those vehicles. In carrying 
out the Safety Act, NHTSA may ``require, by general or special order, 
any person to file reports or answers to specific questions.'' 49 
U.S.C. 30166(g)(1)(A).
    Affected Public: Vehicle and equipment manufacturers and operators

[[Page 54289]]

of ADS or Level 2 ADAS equipped vehicles.
    Estimated Number of Respondents: 110.
    Frequency: Monthly and on occasion.
    Estimated Total Annual Burden Hours: 11,745 hours.
    To estimate the burden associated with this information collection, 
NHTSA separated the requirements of the General Order into seven 
components: (1) Incident reports involving Level 2 ADAS that must be 
submitted within one business day; (2) updates to incident reports 
involving Level 2 ADAS that must be submitted within ten days; (3) 
incident reports involving ADS that must be submitted within one 
business day; (4) updates to incident reports involving ADS that must 
be submitted within ten days; (5) monthly reports; (6) training 
employees on the requirements; and (7) time to set up an account to 
submit the reports. The burden associated with categories (6) and (7) 
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. 
NHTSA 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. NHTSA also believes that 
some existing reporting entities will be removed from the General Order 
due to the cessation of operations or market consolidation.
    Incident reports involving Level 2 ADAS that must be submitted 
within one business day. 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 
General Order only requires reporting of Level 2 ADAS crashes 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 any individual being transported to a hospital 
for medical treatment, a fatality, a vehicle tow-away, an air bag 
deployment, or involved a vulnerable road user.\2\ These crashes must 
be reported within one business day. Based on the number of 
manufacturers that manufacture vehicles equipped with Level 2 ADAS 
systems, NHTSA estimates that it will receive responses from 20 
respondents reporting Level 2 ADAS crashes each year.
---------------------------------------------------------------------------

    \2\ A ``vulnerable road user'' is defined in the General Order 
to mean and include ``any person who is not an occupant of a motor 
vehicle with more than three wheels. This definition includes, but 
is not limited to, pedestrians, persons traveling in wheelchairs, 
bicyclists, motorcyclists, and riders or occupants of other 
transport vehicles that are not motor vehicles, such as all-terrain 
vehicles and tractors.''
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    Further, after evaluating information available to the agency 
regarding the number of Level 2 ADAS crashes and the number of vehicles 
equipped with Level 2 ADAS, NHTSA estimates that it will receive, on 
average, 3,400 Level 2 ADAS crash reports each year. NHTSA believes 
this is a high-end estimate and will refine this estimate after seeking 
public comment. NHTSA expects that the number of crash reports 
submitted by each respondent will vary significantly, with some 
manufacturers submitting many more reports than others. However, on 
average, NHTSA estimates that each respondent will submit, on average 
170 crash reports per year. NHTSA estimates that it will take 
respondents approximately 2 hours to compile and submit each crash 
report. Therefore, NHTSA estimates the total annual burden hours for 
submitting Level 2 ADAS crash reports to be 340 hours per manufacturer 
(2 hours x 170 crash reports) and 6,800 hours for all manufacturers 
(340 hours x 20 manufacturers).
    Updates to incident reports involving Level 2 ADAS that must be 
submitted within ten days. In addition to submitting information on 
certain Level 2 ADAS crashes within one day, manufacturers must also 
submit updated information within ten days. NHTSA estimates that 
updating the crash reports will take approximately 1 hour per report. 
Therefore, NHTSA estimates that it will take each manufacturer 
approximately 170 hours each year to submit updated Level 2 ADAS crash 
reports (1 hour x 170 crash reports) and 3,400 hours for all Level 2 
ADAS manufacturers (170 hours x 20 manufacturers).
    Incident reports involving ADS that must be submitted within one 
business day. To estimate the number of one-day ADS crash reports NHTSA 
will receive in each year, NHTSA looked at the number of ADS crashes 
reported to California.\3\ There were 105 ADS crashes reported to 
California in 2019.\4\ NHTSA believes that it is reasonable to assume 
that about half of all ADS testing in the United States is occurring in 
California. Therefore, NHTSA expects that there will be approximately 
200 ADS crashes in a year that manufacturers and operators will be 
required to report to NHTSA. Some of these crashes will be required to 
be submitted within one day and the rest will be required to be 
submitted on a monthly basis. The requirements for when ADS crashes 
must be reported within one day are the same as for Level 2 ADAS 
crashes: (1) The crash occurred on a publicly accessible road in the 
United States (including any of its territories); (2) the ADS 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 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.
---------------------------------------------------------------------------

    \3\ See https://www.dmv.ca.gov/portal/vehicle-industry-services/autonomous-vehicles/autonomous-vehicle-collision-reports/.
    \4\ NHTSA chose to use the 2019 data instead of using data from 
2020 or an average of the two years because of the impact of the 
COVID-19 health emergency on ADS operations. We note that this is 
overinclusive because reports are only due to NHTSA when the ADS was 
in operation shortly before or during the crash.
---------------------------------------------------------------------------

    Based on NHTSA's review of the California crash reports, NHTSA 
believes that about half of the ADS crashes will be submitted in 
monthly reports, with the other half of crashes being submitted within 
one day. Therefore, NHTSA estimates that 100 ADS crash reports a year 
will be submitted within one day. NHTSA estimates that each ADS crash 
report will take 2 hours to complete and submit, including the time to 
submit updated reports. Therefore, NHTSA estimates the burden per 
respondent to be 2 hours (1 crash report x 2 hours) and 200 hours for 
all respondents (100 ADS crash reports x 2 hours).
    Updates to incident reports involving ADS that must be submitted 
within ten days. In addition to submitting information on certain ADS 
crashes within one day, manufacturers and operators must also submit 
updated information within ten days. NHTSA

[[Page 54290]]

estimates that updating the crash reports will take approximately 1 
hour per report. Therefore, NHTSA estimates that it will take each 
manufacturer approximately 1 hour each year to submit updated ADS crash 
reports and 100 hours for all ADS manufacturers and operators (1 hour x 
100 crash reports).
    Monthly reports. This information collection requires respondents 
to submit monthly reports. ADS manufacturers and operators must report 
crashes in these monthly reports that are reportable but were not 
required to be submitted within one day. Additionally, both ADS 
manufacturers and operators and ADAS manufacturers will be required to 
submit information in monthly reports if they receive new material or 
materially different information about crashes for which the respondent 
already submitted reports (via one-day reports, 10-day update reports, 
or prior monthly reports). Further, as explained above, manufacturers 
and operators of ADS-equipped vehicles and Level 2 ADAS vehicles are 
required to submit monthly reports even when they do not have any new 
or updated crash reports under Request No. 2 or Request No. 3 to 
submit. If they do not have any reportable information under Requests 
Nos. 2 or 3, their monthly report is a simple certification. To 
estimate the burden of monthly reports, NHTSA considered the burden for 
monthly reports with initial ADS crash reports, monthly reports with 
updates to previously submitted crash reports, and those with 
certifications of no reportable information. NHTSA estimates there will 
be 110 Level 2 ADAS and ADS vehicle manufacturers and operators that 
will be required to submit monthly reports each year, for a total of 
1,320 monthly reports annually.
    NHTSA estimates that the burden for preparing and submitting 
monthly reports will vary depending on whether the monthly report 
includes no reportable information, new reportable information, or 
updates to previously submitted information. Some of these respondents 
may be required to submit only information about ADS crashes or Level 2 
ADAS crashes and some may be required to submit information about both 
types of crashes. NHTSA estimates that because ADS equipped vehicles 
are often operated in small, controlled fleets, the reporting entities 
will readily know whether there have been any crashes that must be 
reported to NHTSA. Level 2 ADAS vehicles, however, are typically 
produced by large manufacturers and operated by consumers. Therefore, 
NHTSA estimates that each monthly report submitted by an ADS 
manufacturer or operator will take 15 minutes to submit, and for ADS 
manufacturers that have no reportable information to submit, this will 
be the only burden associated with submitting the monthly report. For 
manufacturers that also produce ADAS Level 2 vehicles, NHTSA estimates 
that submitting monthly reports will take 2 hours, which allow the 
manufacturer to verify whether the manufacturers have received any 
reportable information. NHTSA estimates that there will be 90 ADS 
manufacturers and operators and 20 manufacturers of Level 2 ADAS 
vehicles each year (including manufacturers that produce both Level 2 
ADAS vehicles and ADS vehicles). Therefore, NHTSA estimates that 
annually respondents will spend 750 hours preparing and submitting 
monthly reports not including burden associated with providing new or 
updated reportable information (90 ADS manufacturers and operators x 12 
monthly reports x 0.25 hours = 270 hours; 20 Level 2 ADAS manufacturers 
x 12 monthly reports x 2 hours = 480 hours; 270 + 480 = 750).
    As described above, NHTSA estimates that there will be 200 ADS 
crash reports each year and 100 of those will be required to be 
submitted within one business day. The remaining 100 ADS crash reports 
will be submitted via monthly reports. NHTSA estimates that preparing 
and submitting monthly reports that contain crash reports to take, on 
average, 2 hours to prepare and submit. Therefore, NHTSA estimates the 
burden associated with preparing and submitting ADS crash report 
information that will be submitted in monthly reports to be 200 hours 
(100 monthly reports x 2 hours).
    In addition to submitting information about new ADS crashes in 
monthly reports, respondents also are required to submit updated 
information in the following month if any new material or materially 
different information about any ADS or Level 2 ADAS incident is 
received. NHTSA estimates that for 20% of ADS crashes first reported in 
a monthly report (i.e., not a one-day report), respondents will need to 
submit updated information. For ADS and Level 2 ADAS crashes that are 
reported within one business day, NHTSA estimates that respondents will 
need to submit updated information in monthly reports for 5% of those 
crashes (these would be updates in addition to those reported within 
ten days). Therefore, NHTSA estimates that 195 monthly reports will 
include updated crash information (100 ADS crashes first reported in 
monthly reports x 0.2 = 20 3,400 Level 2 ADAS one-day crashes x 0.05 = 
170; 100 ADS one-day crashes x 0.05 = 5; 20 + 170 + 5 = 195). NHTSA 
estimates that providing updated information within a monthly report 
will take 1 hour. Therefore, NHTSA estimates the burden for monthly 
reports with updated information to be 195 hours (195 monthly reports x 
1 hour).
    The total burden associated with monthly reports is estimated to be 
1,145 hours (750 hours + 200 hours + 195 hours), which averages to 
about 10.4 hours per respondent.
    Training employees on the requirements. In addition to the burden 
associated with preparing and submitting reports, any new reporting 
entities added to the General Order are also expected to incur burden 
associated with training employees on the reporting requirements. As 
explained above, the existing 108 reporting entities named in the 
General Order will not incur this burden during the requested 
extension. NHTSA estimates that there will be an average of seven new 
reporting entities added to the General Order each year during the 
proposed extension, that an average of five of these new reporting 
entities will be ADS manufacturers or operators and that an average of 
two of these new reporting entities will be Level 2 ADAS manufacturers.
    NHTSA expects that ADS manufacturers and operators normally monitor 
all crashes and, therefore, will not need to train personnel on how to 
respond to this new information collection. NHTSA, however, does expect 
that some Level 2 ADAS manufacturers may need to spend time training 
personnel on the requirements. Although the amount of time may vary by 
manufacturer, NHTSA estimates that, on average, the two Level 2 ADAS 
manufacturers will spend 40 hours on training. Therefore, NHTSA 
estimates the total annual burden for training to be 80 hours (2 
manufacturers x 40 hours).
    Time to set up an account to submit the reports. NHTSA also 
estimates that new responding entities added to the General Order 
during the proposed extension period will need to set up a new account 
with NHTSA to allow them to submit reports. NHTSA estimates that each 
of the estimated average of 10 responding entities added to the General 
Order annually need to set up new accounts with NHTSA. NHTSA estimates 
that setting up an account will take 2 hours. Therefore, NHTSA 
estimates the total annual burden to be 20 hours.

[[Page 54291]]

    NHTSA estimates the total annual burden hours for the seven 
components of this ICR to be 11,745 hours (6,800 hours for initial one-
day Level 2 ADAS reports, 3,400 hours for updated one-day Level 2 ADAS 
reports, 200 hours for initial one-day ADS reports, 100 hours for 
updated ADS reports, 945 hours for monthly reports, 80 hours for 
training, and 20 hours for setting up new accounts).
    To calculate the labor cost associated with preparing and 
submitting crash reports and reports, training, and setting up new 
accounts, NHTSA looked at wage estimates for the type of personnel 
involved with these activities. NHTSA estimates the total labor costs 
associated with these burden hours by looking at the average wage for 
architectural and engineering managers in the motor vehicle 
manufacturing industry (Standard Occupational Classification # 11-
9041). The Bureau of Labor Statistics (BLS) estimates that the average 
hourly wage is $65.62.\5\ The Bureau of Labor Statistics estimates that 
private industry workers' wages represent 70.4% of total labor 
compensation costs.\6\ Therefore, NHTSA estimates the hourly labor 
costs to be $93.21. Accordingly, NHTSA estimates the total labor cost 
associated with the 11,745 burden hours to be $1,168,760.
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    \5\ See May 2020 National Industry-Specific Occupational 
Employment and Wage Estimates, NAICS 336100--Motor Vehicle 
Manufacturing, available at https://www.bls.gov/oes/current/naics4_336100.htm#15-0000 (accessed June 21, 2021).
    \6\ See Table 1. Employer Costs for Employee Compensation by 
ownership (Mar. 2021), available at https://www.bls.gov/news.release/ecec.t01.htm (accessed June 21, 2021).
---------------------------------------------------------------------------

    Table 1 provides a summary of the estimated burden hours and labor 
costs associated with those submissions.

                                                                Table 1--Burden Estimates
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Estimated
                                         Number of      burden per
     Description of information          responses       response         Average     Labor cost per   Total burden
        collection component            (number of      (burden per    hourly labor      response          hours               Total labor costs
                                       respondents)     respondent)        cost
                                                          (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level 2 ADAS one-day reports,             3,400 (20)         2 (340)          $93.21         $186.42           6,800  $633,828.
 initial.
Level 2 ADAS one-day reports, update      3,400 (20)         1 (170)           93.21           93.21           3,400  316,914.
ADS one-day reports, initial........             100               2           93.21          186.42             200  18,642.
ADS one-day reports, update.........             100               1           93.21           93.21             100  9,321.
Monthly Reports.....................     1,320 (110)     0.87 (10.4)           93.21           80.85           1,145  106,724.45 (106,724).
Training............................           2 (2)         40 (40)           93.21        3,728.40              80  7,456.80 (7,457).
Setting Up Account..................         10 (10)           2 (2)           93.21          186.42              20  1,864.20 (1,864).
                                     -------------------------------------------------------------------------------------------------------------------
    Total...........................     8,320 (110)  ..............  ..............  ..............          11,745  1,094,751.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Estimated Total Annual Burden Cost

    NHTSA does not currently know whether manufacturers will incur 
additional costs, nor does NHTSA have a basis for estimating these 
costs. However, in the interim, NHTSA believes manufacturers will be 
able to comply with requirements by only incurring labor costs 
associated with the burden hours.
    Public Comments Invited: You are asked to comment on any aspects of 
this information collection, including (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Department, including whether the information will 
have practical utility; (b) the accuracy of the Department's estimate 
of the burden of the proposed information collection; (c) ways to 
enhance the quality, utility and clarity of the information to be 
collected; and (d) ways to minimize the burden of the collection of 
information on respondents, including the use of automated collection 
techniques or other forms of information technology.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 
35, as amended; 49 CFR 1.49; and DOT Order 1351.29.

Ann E. Carlson,
Chief Counsel.
[FR Doc. 2021-21203 Filed 9-29-21; 8:45 am]
BILLING CODE 4910-59-P