Agency Information Collection Activities; Notice and Request for Comment; Consolidated Labeling Requirements and Procedures for Selecting Lines To Be Covered by the Theft Prevention Standard, 1833-1837 [2022-00372]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1833-1837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00372]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket Number NHTSA-2020-0069]


Agency Information Collection Activities; Notice and Request for 
Comment; Consolidated Labeling Requirements and Procedures for 
Selecting Lines To Be Covered by the Theft Prevention Standard

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

ACTION: Notice and request for comments on a request for reinstatement 
of a previously 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 a 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 reinstatements of previously approved collections. On 
February 23, 2018, NHTSA published a notice in the Federal Register 
soliciting public comments with a 60-day comment period. NHTSA received 
1 public comment that was not relevant to the information collection 
request. Given the extended time period since the initial publication 
of that notice, NHTSA is publishing this new 60-day notice.

DATES: Written comments must be submitted by March 14, 2022.

ADDRESSES: You may submit comments, identified by the Docket No. NHTSA-
2020-0069, through one 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: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590.
     Hand Delivery/Courier: 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays. To be 
sure someone is there to help you, please call 202-366-9322 before 
coming.

[[Page 1834]]

    Instructions: Each submission must include the agency name and 
docket number for this notice of proposed collection of information. 
Note 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 at any time or to 
Room W12-140 on the ground level of the DOT Building, 1200 New Jersey 
Avenue SE, West Building Ground Floor, Washington, DC 20590 between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays. To be 
sure someone is there to help you, please call 202-366-9322 before 
coming.

FOR FURTHER INFORMATION CONTACT: For additional information or access 
to background documents, contact Ms. Carlita Ballard, International 
Policy, Fuel Economy and Consumer Programs (NRM-310), 202-366-5222, 
National Highway Traffic Safety Administration, W43-439, 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: This document describes a collection of 
information for which NHTSA intends to seek OMB approval titled, 
Consolidated Labeling Requirements for 49 CFR part 541 and Procedures 
for Selecting Lines to be Covered by the Theft Prevention Standard for 
49 CFR part 542.
    Under the Paperwork Reduction Act of 1995, 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 collections of information for which 
the agency is seeking approval from OMB.
    Title: Consolidated Labeling Requirements for 49 CFR part 541 and 
Procedures for Selecting Lines to be Covered by the Theft Prevention 
Standard for 49 CFR part 542.
    OMB Control Number: 2127-0539.
    Form Number(s): N/A.
    Type of Request: Reinstatement of a previously approved information 
collection.
    Type of Review Requested: Regular.
    Requested Expiration Date of Approval: 3 years from date of 
approval.
    Summary of the Collection of Information:
    NHTSA is seeking approval from OMB for four information collections 
in the Federal Motor Vehicle Theft Prevention Standard. In 1984, 
Congress enacted the Motor Vehicle Theft Law Enforcement Act (The Theft 
Act) directing NHTSA to issue a theft prevention standard requiring 
vehicle manufacturers to mark the major parts of high-theft lines of 
passenger motor vehicles. (Pub. L. 98-547.) In 1992, Congress enacted 
the Anti Car Theft Act (Pub. L. 102-519, codified at 49 U.S.C. Chapter 
331), which expanded the parts-marking requirement to include 
multipurpose passenger vehicles and certain light duty trucks. In a 
final rule published on April 6, 2004 (69 FR 17960), the Federal Motor 
Vehicle Theft Prevention Standard was extended to include all passenger 
cars and, multipurpose passenger vehicles with a gross vehicle weight 
rating (GVWR) of 6,000 pounds or less, all light-duty trucks (LDTs) 
determined to be high-theft (with a gross vehicle weight rating of 
6,000 pounds or less) and all low-theft LDTs with major parts that are 
interchangeable with a majority of the covered major parts of those 
passenger motor vehicle lines subject to the theft prevention standard. 
The four information collections are: (1) The requirement to mark major 
parts of covered motor vehicles; (2) the requirement to submit to NHTSA 
target areas showing where the parts will be marked; (3) the 
requirement for manufacturers of new LDT lines to submit information to 
NHTSA to allow the agency to determine whether the LDT line will be 
required to comply with the parts-marking requirements because it is 
likely to be a high theft line; and (4) the requirement for 
manufacturers of new LDT lines to submit information to NHTSA to allow 
the agency to determine the LDT will be required to comply with the 
parts-marking requirements because it contains major parts that are 
interchangeable with the majority of the covered major parts of 
passenger motor vehicles covered by the standard. Each of the 
information collections are describe in more detail below.
    49 CFR Part 541--Federal Motor Vehicle Theft Prevention Standard: 
The Theft Act requires specified parts of high-theft vehicles to be 
marked with vehicle identification numbers (parts-marking). Part 541 
specifies performance requirements for identifying numbers or symbols 
to be placed on major parts of certain passenger motor vehicles to 
reduce the incidence of motor vehicle thefts through tracing and 
recovery of parts from stolen vehicles. All passenger cars and 
multipurpose passenger vehicles with a gross vehicle weight rating of 
6,000 pounds or less, and light duty trucks with major parts that are 
interchangeable with the majority of the covered major parts of 
passenger motor vehicles covered by the standard are required to be 
parts-marked. Each major component part must be either labeled or 
affixed with the VIN and its replacement component part must be marked 
with the ``DOT'' symbol, the letter ``R'' and the manufacturers' logo. 
For each vehicle line, manufacturers must inform NHTSA of the location 
of the VIN marking on each part (target area) and the location of the 
VIN marking for the replacement part. This information is publicly 
available to aid law enforcement personnel in tracing stolen vehicles 
and their parts.
    49 CFR Part 542--Procedures for Selecting Light Duty Truck Lines to 
be Covered by the Theft Prevention Standard: Manufacturers of light 
duty trucks must identify new model

[[Page 1835]]

introductions that are likely to be high-theft vehicle lines as defined 
in 49 U.S.C. 33104. The specific vehicle lines are to be selected by 
agreement between the manufacturer and the agency. NHTSA's procedures 
for selecting high-theft vehicle lines are contained in 49 CFR part 
542. Manufacturers use the criteria in Appendix C of Part 541 to 
evaluate new lines and determine whether the new line is likely to be 
high theft. Next, the manufacturers submit their evaluations and 
conclusions, together with the underlying factual information, to NHTSA 
at least 15 months before introduction of the vehicle line into U.S. 
commerce.

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

    49 CFR part 541: The identification of major parts of high theft 
motor vehicle lines is designed to decrease automobile theft by making 
it more difficult for criminals to ``chop'' vehicles into component 
parts and then fence such parts. The information would aid law 
enforcement officials at all levels of Government in the investigation 
of ``chop shops'' by creating evidence for prosecution of the operators 
for possession of stolen motor vehicle parts. Officials have great 
difficulty in establishing that particular parts in the possession of a 
``chop shop'' are in fact stolen when the parts are not marked. 
Operators of both ``chop shops'' and auto body repair shops would avoid 
possession of parts bearing identification that links the parts to a 
stolen vehicle. Also, stolen parts, when recovered, could not easily be 
traced back to the proper owner and returned to the owner or insurer if 
the parts were not marked. Congress intended for major parts 
identification to decrease the market for stolen parts and, therefore, 
decrease the incentive for motor vehicle theft.
    49 CFR part 542: Manufacturers of light duty trucks must identify 
new model introductions that are likely to be high-theft vehicle lines 
as defined in 49 U.S.C. 33104. Because the specific vehicle lines are 
to be selected by agreement between the manufacturer and NHTSA, the 
agency could not perform its statutory requirement without the 
information provided by the manufacturers.
    Affected Public: Vehicle manufacturers.
    This information collections affects manufacturers of passenger 
cars, MPVs, and trucks that are subject to the requirements in Part 
541. It also affects the manufacturers of LDTs that must submit 
information to NHTSA to allow the agency to determine whether new LDTs 
must comply with the parts-marking requirements.
    Estimated Number of Respondents: 21.
    Based on current information, the agency estimates that there are, 
on average, 21 unique respondents to the four information collections 
in parts 541 and 542. Further, NHTSA estimates that there are 
approximately 21 manufacturers that are required to comply with the 
parts marking requirements of part 541 each year and submit information 
on target areas to NHTSA. For the information collections contained in 
part 542, NHTSA estimates that there are currently 7 manufacturers of 
LDTs that could be subject to the parts-marking requirements. However, 
these manufacturers are not required to submit information every year. 
Instead, these manufacturers would only need to submit information 
under part 542 before they introduce a new LDT line. Because NHTSA 
estimates that it will only receive one submission under section 542.1 
and one submission under section 542.2 in each of the next three years, 
NHTSA estimates there will only be one respondent to these information 
collections annually.
    Frequency: On Occasion.
    Manufacturers comply with the parts-marking requirements when they 
manufacture new vehicles. Manufacturers submit new target area 
information when they introduce new vehicle lines or make changes to 
existing vehicle lines that require changes to where parts are marked. 
Manufacturers only submit information under part 542 when they 
introduce new LDT lines.
    Number of Responses: For the four information collections in part 
541 and part 542, NHTSA estimates the annual number of responses as 
follows: (1) 4.5 million for the parts-marking requirement; (2) 23 for 
submissions of target area information; (3) 1 for reporting on whether 
a LDT line is likely to be high-theft; and (4) 1 for reporting on 
whether a LDT line shares interchangeable parts with a high theft line 
subject to the parts-marking requirements.
    Estimated Total Annual Burden Hours: 150,550.
    49 CFR part 541. Current information indicates there has been a 
gradual increase in new vehicle manufacturer mergers, granting of 
parts-marking exemptions (49 CFR part 543) and vehicle design stability 
which have resulted in decreased production of vehicles requiring 
parts-marking. The agency estimates that, based on the most currently 
available data, there has been a decrease in the production of vehicles 
requiring parts-marking from 8 million vehicles to approximately 4.5 
million for all manufacturers. To calculate the burden associated with 
the parts marking requirement, NHTSA assumes that manufacturers will 
use the least burdensome method for complying with the requirement, 
based on historical practice and the agency's current understanding of 
how manufacturers fit labeling into the vehicle assembly line. For the 
antitheft requirement, the cost of labeling the major parts (i.e., a 
paper label with the VIN is placed on each major part) is less than the 
cost of stamping the VIN on each major part with a stamping machine.
    To meet the Theft Prevention Standard, the agency estimates that 
the time to number and affix the average of 14 labels to each vehicle 
is approximately 2 minutes. If 4.5 million vehicles are covered, the 
hourly burden for labeling 4.5 million motor vehicles would be 150,000 
hours (4.5 million cars x 2 minutes per car / 60 minutes in an hour).
    The agency estimates that the time to stamp both the engine and 
transmission will take approximately 1 minute. If 4.5 million vehicles 
are covered, the total burden for stamping is estimated to total 75,000 
hours (4.5 million cars x 1 minute per car / 60 minutes in an hour). 
Please note that in this analysis each vehicle would either have its 
major parts labeled or stamped, but not both. We will use the highest 
hour number in the hour burden estimate.
    Each manufacturer of vehicles that are required to be parts-marked 
must submit reports of the target area locations for the labels or 
stamping. The target area designated for a part on a vehicle line shall 
be maintained for the duration of the production of the vehicle line, 
unless a restyling of the part makes it no longer practicable to mark 
within the original target area. If there is such a restyling, the 
vehicle manufacturer shall inform NHTSA of that fact and provide a new 
target area submission.
    NHTSA estimates that approximately 70 target area responses will be 
submitted to the agency in the next three years, or approximately 23 
submissions each year. This estimate is based on the number of the 
submissions over the three-year period for MYs 2014-2016. Specifically, 
18, 29 and 23 target areas were submitted for MYs 2014, 2015 and 2016, 
respectively. Due to the decreased production of vehicles requiring 
parts-marking, the agency estimates on an average, there will be a 
total of 23 target areas submitted by approximately 21 manufacturers. 
The

[[Page 1836]]

average time to prepare and submit the target areas will be 20 hours 
for each submission. The burden hour for submissions will be 460 hours 
(23 submissions x 20 hours).
    NHTSA estimates the labor cost associated with this collection of 
information by (1) applying the appropriate average hourly labor rate 
published by the Bureau of Labor Statistics (BLS), (2) dividing by 
0.704 \1\ (70.4%), for private industry workers to obtain the total 
cost of compensation, and (3) multiplying by the estimated burden hours 
for each respondent type. NHTSA estimates the labor costs associated 
with preparing and affixing labels to 14 major parts under Sec.  
541.5(a) using the average wage for manufacturers and assemblers in the 
motor vehicle manufacturing industry (Standard Occupational 
Classification #51-2000), which BLS estimates to be $23.18 \2\ per 
hour. Using this estimate, NHTSA estimates the total compensation costs 
per hour to be $32.93 per hour ($23.18 per hour / 0.704). The labor 
cost per vehicle is estimated to be $1.10 ($32.93 x 2 minutes/60), and 
the total labor cost for preparing and affixing labels to the estimated 
4.5 million vehicles each year is estimated to be $4,950,000 ($1.10 x 
4.5 million vehicles).
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    \1\ See Table 1. Employer Costs for Employee Compensation by 
ownership (Mar. 2021), available at https://www.bls.gov/news.release/ecec.t01.htm (accessed August 31, 2021).
    \2\ May 2020 National Industry-Specific Occupational Employment 
and Wage Estimates, NAICS 336100--Motor Vehicle Manufacturing, 
Assemblers and Fabricators, Occupation Code 51-2000, https://www.bls.gov/oes/current/oes_nat.htm (accessed August 31, 2021).
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    NHTSA estimates the labor costs associated with developing and 
submitting reports of the target area locations for labels or stamping 
under Sec.  541.5(e) using the average wage for compliance officers in 
the motor vehicle manufacturing industry (Standard Occupational 
Classification #13-1041), which BLS estimates to be $42.30 \3\ per 
hour. Using this estimate, NHTSA estimates the total compensation costs 
per hour to be $60.09 per hour ($42.30 per hour / 0.704). The labor 
cost to prepare each report submitted under Sec.  541.5(e) is estimated 
to be $1,201.80 ($60.09 x 20 hours per submission), and the total labor 
cost for the estimated 23 target area reports that will be submitted 
each year is estimated to be $27,641 ($1,201.80 x 23 reports, rounded).
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    \3\ May 2020 National Industry-Specific Occupational Employment 
and Wage Estimates, NAICS 336100--Motor Vehicle Manufacturing, 
Compliance Officer, Occupation Code 13-1041, https://www.bls.gov/oes/current/oes_nat.htm (accessed August 31, 2021).
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    We estimate that Part 541 will impose an annual reporting burden of 
150,460 burden-hours, and the total estimated labor costs associated 
with these burden hours endured by the responding manufacturers are 
$4,977,641 ($4,950,000 + $27,641).
    49 CFR part 542. Currently there are seven manufacturers who 
produce LDTs that could be subject to the parts-marking requirements. 
While NHTSA estimates that all seven are still active in the U.S. 
market, only manufacturers that introduce new LDT lines would be 
required to report to NHTSA under 49 CFR 542.1 and 49 CFR 542.2. On 
average, NHTSA estimates that approximately that one LDT line will be 
introduced each year for which the manufacturer will need to submit 
information under Sec.  542.1 and one LDT line will be introduced for 
which the manufacturer will need to submit information under Sec.  
541.2.
    Section 542.1 specifies procedures for motor vehicle manufacturers 
and the agency to follow in the determination of new LDT lines that are 
likely to have a theft rate above or below the median theft rate of 
3.5826. This section also provides the manufacturers with notice of 
their rights and responsibilities during the selection and appeals 
process. On average, NHTSA estimates that there will be approximately 
one manufacturer submittal a year. NHTSA further estimates that the 
burden for each Sec.  542.1 submittal is approximately 45 hours. 
Therefore, the total annual burden for Sec.  542.1 submittals is 
estimated to be 45 hours.
    Section 542.2 specifies procedures for motor vehicle manufacturers 
and NHTSA to follow in the determination of new LTD lines that will 
likely have a low theft rate and have major parts interchangeable with 
a majority of the major parts of a passenger motor vehicle line subject 
to the parts-marking requirements. This section also provides the 
manufacturers with notice of their rights and responsibilities during 
the selection and appeal process. On average, NHTSA estimates that 
there will be approximately one manufacturer submittal a year. NHTSA 
further estimates that the burden for each Sec.  542.2 submittal is 
approximately 45 hours. Therefore, the total annual burden for Sec.  
542.2 submittals is estimated to be 45 hours.
    NHTSA estimates the labor cost associated with this collection of 
information by (1) applying the appropriate average hourly labor rate 
published by the Bureau of Labor Statistics (BLS), (2) dividing by 
0.704 \4\ (70.4%), for private industry workers to obtain the total 
cost of compensation, and (3) multiplying by the estimated burden hours 
for each respondent type.
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    \4\ See Table 1. Employer Costs for Employee Compensation by 
ownership (Mar. 2021), available at https://www.bls.gov/news.release/ecec.t01.htm (accessed August 31, 2021).
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    Table 1 below provides a summary of the estimated burden hours and 
Table 2 provides a summary of the labor costs associated with the 
burden hours.

                                               Table 1--Total Estimated Burden Hours for Parts 541 and 542
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                                                                              Estimated
        IC No.                   ICR title                 Type of IC         number of     Estimated number of     Estimated time per     Total burden
                                                                             respondents         responses               response              hours
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1....................  541: Parts-Marking on 14      Third-Party Disclosure           21  4.5 million...........  2 minutes.............         150,000
                        major parts (49 CFR
                        541.5(a)).
2....................  541: Reporting of Target      Reporting.............           21  23....................  20 hours..............             460
                        Areas to NHTSA.
3....................  542: Submissions for          Reporting.............            1  1.....................  45 hours..............              45
                        Determination of whether
                        LDT Line is High Theft.
4....................  542: Submission for           Reporting.............            1  1.....................  45 hours..............              45
                        Determination of whether
                        LDT line Shares
                        Interchangeable Parts with
                        High Theft Line.
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    Total............  ............................  ......................  ...........  ......................  ......................         150,550
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                                                     Table 2--Estimated Labor Costs for Burden Hours
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                                                                Labor cost                                   Labor cost per   Total burden   Total labor
          ICR No.                       ICR title                per hour          Time per response            response          hours          cost
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1.........................  541: Parts-Marking on 14 major          $32.93  2 minutes......................           $1.10         150,000   $4,950,000
                             parts (49 CFR 541.5(a).
2.........................  541: Reporting of Target Areas to        60.09  20 hours.......................        1,201.80             460    27,641.40
                             NHTSA.                                                                                                               27,641
3.........................  542: Submissions for                     60.09  45 hours.......................        2,704.05              45     2,704.05
                             Determination of whether LDT                                                                                          2,704
                             Line is High Theft.
4.........................  542: Submission for Determination        60.09  45 hours.......................        2,704.05              45     2,704.05
                             of whether LDT line Shares                                                                                            2,704
                             Interchangeable Parts with High
                             Theft Line.
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    Total.................  .................................  ...........  ...............................  ..............         150,550    4,983,049
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    Estimated Total Annual Cost Burden: $24,003,000.
    49 CFR part 541: NHTSA assumes that most manufacturers will use the 
less expensive method of labeling the major parts on vehicles, and not 
stamp the VINs onto major parts, based on historical practice and the 
agency's current understanding of how manufacturers fit labeling into 
the vehicle assembly line. The cost of this collection of information 
will comprise of printing costs for the labels affixed to the vehicle 
parts. NHTSA estimates that the average cost to print each label is 
$0.381. There are an average 14 parts per vehicle to label; therefore, 
the printing cost per vehicle is $5.33. At present, the agency 
estimates that 4.5 million motor vehicles annually must have their 
major parts marked. The total annual costs are estimated to be 
$24,003,000 for label identifiers ($5.33 x 4.5 million vehicles).

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 Number of parts labeled per   Printing cost per    Total printing    Number of vehicles  per   Total estimated
           vehicle                   label        cost  per vehicle            year              printing cost
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14...........................             $0.381              $5.33  4.5 million.............        $24,003,000
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    Target area submissions require no additional costs to the 
respondents above and beyond the labor costs.
    49 CFR parts 542: NHTSA estimates that meeting Part 542 involves no 
additional costs to the respondents above and beyond the labor costs.
    Public Comments Invited: You are asked to comment on any aspect 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 collection; 
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. The agency will summarize and/or 
include your comments in the request for OMB's clearance of this 
information collection.
    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. 2022-00372 Filed 1-11-22; 8:45 am]
BILLING CODE 4910-59-P