Agency Information Collection Activities; Notice and Request for Comments; Exemption for the Make Inoperative Prohibition To Accommodate People With Disabilities, 1829-1832 [2022-00371]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1829-1832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00371]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0094]


Agency Information Collection Activities; Notice and Request for 
Comments; Exemption for the Make Inoperative Prohibition To Accommodate 
People With Disabilities

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

ACTION: Notice and request for comments on a request for reinstatement 
of a previously approved collection of information.

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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 reinstatement of a 
previously 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 reinstatement of previously approved collections. This 
document describes a collection of information for which NHTSA intends

[[Page 1830]]

to seek OMB approval on the information collections related to 
aftermarket modification of vehicles to accommodate people with 
disabilities.

DATES: Comments must be submitted on or before March 14, 2022.

ADDRESSES: You may submit comments identified by the Docket No. NHTSA-
2021-0094 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 can 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 Gunyoung Lee, Office of Rulemaking 
(NRM230), 202-366-6005, Room W43-463, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, Please 
identify the relevant collection of information by referring to its OMB 
Control Number.

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, 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 (at 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 collection of 
information for which the agency is seeking approval from OMB.
    Title: Exemption for the Make Inoperative Prohibition to 
Accommodate People With Disabilities.
    OMB Control Number: 2127-0635.
    Form Number: This collection of information uses no standard form.
    Type of Request: Reinstatement of a previously 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 National Traffic and Motor Vehicle Safety Act (49 U.S.C. 
Chapter 301) authorizes NHTSA to issue Federal motor vehicle safety 
standards (FMVSS) applicable to new motor vehicle and new items of 
motor vehicle equipment. In addition to regulating the manufacture and 
sale of new motor vehicles and items of motor vehicle equipment, the 
act also prohibits certain regulated entities from knowingly making 
inoperative a part of a device or element of design installed on or in 
a motor vehicle or motor vehicle in compliance with an applicable FMVSS 
(49 U.S.C. 30122). The statute authorizes the Secretary of 
Transportation (NHTSA) to prescribe regulations to exempt a regulated 
entity from the make inoperative provision if such an exemption is 
consistent with motor vehicle safety (49 U.S.C. 30122(c)(1)).
    On February 27, 2001, NHTSA published a final rule (66 FR 12638) to 
facilitate the modification of motor vehicles so that persons with 
disabilities can drive or ride in them as passengers. In that final 
rule, the agency issued a limited exemption from a statutory provision 
that prohibits specified types of commercial entities from either 
removing safety equipment or features installed on motor vehicles 
pursuant to the Federal motor vehicle safety standards or altering the 
equipment or features to adversely affect their performance. The 
exemption is limited in that it allows repair businesses to modify only 
certain types of FMVSS-required safety equipment and features, under 
specified circumstances. The regulation is found at 49 CFR part 595 
subpart C, ``Vehicle Modifications to Accommodate People with 
Disabilities.'' The regulation includes three collections of 
information: (1) A requirement for modifiers to submit identification 
information to NHTSA; (2) a requirement for modifiers to provide a 
document to the owner of the modified vehicle stating the exemptions 
used for that vehicle and any reduction in load carrying capacity of 
the vehicle of more than 100 kg (220 lbs); and (3) a requirement for 
modifiers to retain a copy of the information provide to the owner of 
the modified vehicle for five years.

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

    Commercial entities that modify vehicles after the first retail 
sale and wish to use the exemptions offered under this rule are 
required to provide NHTSA with their identification information. The 
registration involves a one-time submission using NHTSA's online 
Manufacturer Portal \1\ containing only the name, address, and 
telephone number of the modifier and a prescribed statement that they 
will modify vehicles for persons with disabilities and intend to avail 
themselves of the exemptions. Any changes in the identification 
information must be conveyed to the agency within 30 days. This 
information will be used by the agency to track entities involved in 
vehicle modification for persons with disabilities and is available to 
the public on NHTSA's website.
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    \1\ NHTSA's Manufacturer's Portal is found at https://vpic.nhtsa.dot.gov/mfrportal/.
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    Modifiers must also provide each customer whose vehicle 
modification involves the use of the make inoperative

[[Page 1831]]

exemptions with a list of the exemptions used in the process of 
modifying that vehicle.\2\ The simplest form of this document is an 
annotated invoice. No specific or special forms are required. A copy of 
this document must also be retained by the modifier for five years. 
This document will be used by the consumer to understand the 
modifications made to his/her vehicle and their effect on vehicle 
safety. It may be requested by NHTSA in the event of an inquiry about 
the safety of the modified vehicles.
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    \2\ 49 CFR 595.7(b) and (e).
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    Affected Public: Motor vehicle repair business.
    Estimated Number of Respondents: 765.
    For this estimate, NHTSA assumed that there are 900 businesses 
making vehicle modifications for people with disabilities, and 85 
percent of these (i.e., 765 businesses) will elect to use the 
exemptions available under the rule.
    Frequency: On occasion (e.g., a customer demands a vehicle 
modification to accommodate people with disabilities, or a company 
decides to become an adaptive vehicle modification business or changes 
its identification information).
    Estimated Total Annual Burden Hours: 1,432.
    This ICR is for three information collections. We estimate the 
total burden hours for this ICR to be 1,432. The burden hours for the 
three information collections were calculated as follows:

Information Collection 1: Requirement To Submit Identification 
Information to NHTSA To Use the Exemptions

    NHTSA estimates that compiling and submitting the identification 
information will take approximately 10 minutes. NHTSA estimates that 
there are approximately 900 businesses making vehicle modifications for 
persons with disabilities in the United States and that 85 percent of 
these, or 765 businesses, will elect to use the exemptions available 
under the rule. After the initial registration (which occurred in 
2001), NHTSA estimates that 90 businesses will either need to change 
their information or become new registrants who elect to use the 
exemptions each year. Therefore, NHTSA estimates the total burden hours 
associated with submitting new or updated identification information is 
15 hours (90 business x 10 minutes).
    To calculate the labor cost associated with submitting modifier 
identification information, NHTSA looked at wage estimates for the type 
of personnel involved with compiling and submitting the information. 
The Bureau of Labor Statistics (BLS) estimates that the average hourly 
wage for ``General Office Clerks'' (BLS Occupation code 43-9061) is 
$16.98.\3\ The Bureau of Labor Statistics estimates that private 
industry workers' wages represent 70.4% of total labor compensation 
costs.\4\ Therefore, NHTSA estimates the hourly labor costs to be 
$24.12for ``General Office Clerks'' (BLS Occupation code 43-9061). 
NHTSA estimates the total labor cost associated with the 15 burden 
hours (for submitting modifier identification by ``office clerks'') to 
be approximately $362. (15 x $24.12 = $361.80.)
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    \3\ See May 2020 National Occupational Employment and Wage 
Estimates, United States, available at https://www.bls.gov/oes/current/oes_nat.htm.
    \4\ See Table 1. Employer Costs for Employee Compensation by 
ownership (Mar. 2021), available at https://www.bls.gov/news.release/ecec.t01.htm.
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Information Collection 2: Requirement To Provide a Document to the 
Owner of the Modified Vehicle

    The second information collection in part 595 is the requirement to 
provide a disclosure to the vehicle owner. This disclosure is made with 
each vehicle modified using exemptions under part 595. In the final 
rule, we anticipated that the least costly way for a repair business to 
comply with this portion of the new rule would be to annotate the 
vehicle modification invoice as to the exemption, if any, involved with 
each item on the invoice. The cost of preparing the invoice is not a 
portion of our burden calculation, as that preparation would be done in 
the normal course of business. Additionally, NHTSA's burden estimate 
does not include an estimate for the time to gather the information 
required for the disclosure as it is assumed that this information 
would be gathered in the normal course of vehicle modification. 
Instead, NHTSA estimates that the only extra burden would be incurred 
for calculation of the reduction in loading-carrying capacity and 
annotating the information on the invoice. NHTSA estimates the time 
needed to annotate the invoice is 20 minutes. NHTSA estimates that 
there are approximately 4,250 vehicles modified under exemptions 
provided by 49 CFR 595.7 each year. Therefore, NHTSA estimates the 
total burden associated with providing disclosures to vehicle owners is 
1,417 hours (20 minutes x 4,250 vehicles = 1,416.67 hours).
    To calculate the labor cost associated with the 1,417 burden hours 
for the disclosure document requirement, NHTSA looked at the average 
hourly wage for ``Mechanical Engineering Technicians'' (BLS Occupation 
code 17-3027). With the BLS's average hourly wage of $28.00 (which 
represents 70.4% of total compensation according to the Bureau of Labor 
Statistics), NHTSA estimates the hourly labor costs to be $39.78 for 
``Mechanical Engineering Technicians (BLS Occupation code 17-3027). 
Therefore, NHTSA estimates the total labor cost associated with the 
1,417 burden hours (for providing disclosure documents to vehicle 
owners by ``engineering technicians'') to be $56,368 (1,417 x $39.78 = 
$56,368.28).

Information Collection 3: Retaining a Copy of the Document Provided to 
Vehicle Owners

    NHTSA estimates that there are no additional burden hours 
associated with the requirement to retain a copy of the disclosures 
provided to vehicle owners. Accordingly, there are also no labor costs 
associated with this requirement.
    Table 1 provides a summary of the estimated burden hours and labor 
costs associated with this collection of information request.

                                                                Table 1--Burden Estimates
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                                               Annual                                         Average
                                           submissions or       Estimated burden per       hourly labor   Labor cost per   Total burden     Total labor
                                              responses              submission                cost         submission         hours           costs
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Modifier identification..................              90  10 minutes                             $24.12           $4.02              15            $362
Disclosure document (to vehicle owners)..           4,250  20 minutes                              39.78           13.26           1,417          56,368
Retention of a copy of document provided            4,250  0 minutes                                 N/A           $0.00               0            0.00
 to vehicle owner.
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    Annual total burden hours & labor      ..............  .............................  ..............  ..............           1,432          56,730
     costs.
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    Estimated Total Annual Burden Cost:
    NHTSA estimates that there are no additional costs associated with 
this information collection request. There will be no additional 
material cost associated with complying with this requirement because 
no additional materials need to be used except those used to prepare 
the invoice in the normal course of business. We are assuming that it 
is normal and customary in the course of vehicle modification business 
to prepare an invoice, to provide a copy of the invoice to the vehicle 
owner, and to keep a copy of the invoice for five years after the 
vehicle is delivered to the owner in finished form.
    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.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2022-00371 Filed 1-11-22; 8:45 am]
BILLING CODE 4910-59-P