Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Event Data Recorders, 15302-15304 [2022-05570]
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15302
Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Notices
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2021–0058]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Event Data Recorders
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for
comments on an existing collection in
use without an OMB Control Number.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995
(PRA), this notice announces that the
Information Collection Request (ICR)
abstracted below will be submitted to
the Office of Management and Budget
(OMB) for review and approval. The ICR
describes the nature of the information
collection and its expected burden. This
ICR is for approval of an existing
collection in use without an OMB
Control Number on event data recorders
(EDRs). A Federal Register Notice with
a 60-day comment period soliciting
comments on the following information
collection was published on August 26,
2021. Four comments were received in
response to the notice.
DATES: Comments must be submitted on
or before April 18, 2022.
ADDRESSES: Written comments and
recommendations for the proposed
information collection, including
suggestions for reducing burden, should
be submitted to the Office of
Management and Budget at
www.reginfo.gov/public/do/PRAMain.
To find this particular information
collection, select ‘‘Currently under
Review—Open for Public Comment’’ or
use the search function.
FOR FURTHER INFORMATION CONTACT: For
additional information or access to
background documents, contact Carla
Rush, U.S. Department of
Transportation, NHTSA, 202–366–4583,
1200 New Jersey Avenue SE, West
Building, Room W43–417, NRM–100,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501 et seq.), a Federal
agency must receive approval from the
Office of Management and Budget
(OMB) before it can collect certain
information from the public, it and a
person is not required to respond to a
collection of information by a Federal
agency unless the collection displays a
valid OMB control number. In
compliance with these requirements,
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this notice announces that the following
information collection request will be
submitted to OMB.
Title: Event Data Recorders.
OMB Control Number: New.
Type of Request: Approval of an
existing collection in use without an
OMB Control Number.
Type of Review Requested: Regular.
Length of Approval Requested: Three
years.
Summary of the Collection of
Information: 49 CFR part 563, Event
data recorders, specifies uniform,
national requirements for vehicles
voluntarily equipped with EDRs
concerning the collection, storage, and
retrievability of onboard motor vehicle
crash event data. More specifically it
requires voluntarily installed EDRs in
vehicles with a gross vehicle weight
rating (GVWR) of 3,855 kilograms (8,500
pounds) or less to:
• Record 15 essential data elements;
• Record up to 30 additional data
elements if the vehicle is equipped to
record these elements;
• Record these data elements in a
standardized format, with specifications
for range, accuracy, resolution, sampling
rate, recording duration, and filter class;
• Function after full-scale vehicle
crash tests specified in FMVSS Nos. 208
and 214; and
• Have the capacity to record two
events in a multi-event crash.
In addition, part 563 requires vehicle
manufacturers to make a retrieval tool
for the EDR information commercially
available, and include a standardized
statement in the owner’s manual
indicating that the vehicle is equipped
with an EDR and describing its purpose.
Part 563 helps ensure that EDRs record,
in a readily usable manner, data
valuable for effective crash
investigations and for analysis of safety
equipment performance (e.g., advanced
restraint systems).
Description of the Need for the
Information and Proposed Use of the
Information: Under 49 U.S.C. 322(a), the
Secretary of Transportation (the
‘‘Secretary’’) is authorized to prescribe
regulations to carry out the duties and
powers of the Secretary. One of the
duties of the Secretary is to administer
the National Traffic and Motor Vehicle
Safety Act, as amended. The Secretary
has delegated the responsibility for
carrying out the National Traffic and
Motor Vehicle Safety Act to NHTSA.1
Two statutory provisions, 49 U.S.C.
30182 and 23 U.S.C. 403, authorize
NHTSA to collect motor vehicle crash
data to support its safety mission.
1 49 U.S.C. 105 and 322; delegation of authority
at 49 CFR 1.95.
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NHTSA collects motor vehicle crash
information under these authorities to
support its statutory mandate to
establish motor vehicle safety standards
and reduce the occurrence and cost of
traffic crashes.2 NHTSA also utilizes
crash data in the enforcement of motor
vehicle safety recalls and other motor
vehicle highway safety programs that
reduce fatalities, injuries, and property
damage caused by motor vehicle
crashes. In 2006, NHTSA exercised its
general authority to issue such rules and
regulations as deemed necessary to
carry out Chapter 301 of Title 49, United
States Code to promulgate 49 CFR part
563.3
NHTSA issued part 563 to improve
crash data collection by standardizing
data recorded on EDRs to help provide
a better understanding of the
circumstances in which crashes and
injuries occur, which will in turn lead
to the development of safer vehicle
designs. EDR data are used to improve
the quality of crash data collection to
assist safety researchers, vehicle
manufacturers, and the agency in crash
investigations to understand vehicle
crashes better and more precisely.
Similarly, vehicle manufacturers are
able to utilize EDRs in improving
vehicle designs and developing more
effective vehicle safety
countermeasures, and EDR data may be
used by Advanced Automatic Crash
Notification (AACN) systems to aid
emergency response teams in assessing
the severity of a crash and estimating
the probability of serious injury.
Additionally, the agency’s experience
in handling unintended acceleration
and pedal entrapment allegations has
demonstrated that, if a vehicle is
equipped with an EDR, the data from
that EDR can improve the ability of both
the agency and the vehicle’s
manufacturer to identify and address
safety concerns associated with possible
defects in the design or performance of
the vehicle.
60-Day Notice: A Federal Register
notice with a 60-day comment period
soliciting public comments on the
following information collection was
published on August 26, 2021 (86 FR
47719). Four comments were submitted
in response to the notice. The
commenters were the Insurance
Institute for Highway Safety and
Highway Loss Data Institute, the
National Association of Mutual
Insurance Companies, Advocates for
Highway and Auto Safety, and the
Center for Auto Safety. All commenters
supported the information collection;
2 See
3 71
49 U.S.C. 30101 and 30111.
FR 50997, August 28, 2006.
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however, the comments did not address
the estimated cost and hour burden of
this information collection. The
comments instead made
recommendations unrelated to this
information collection for NHTSA to
mandate event data recorders and
expand the number of data elements
required in part 563 and to make the
data available to the public for certain
vehicles. These comments, however,
cannot be addressed by this process of
seeking approval for the information
collection for the current part 563.
NHTSA also notes that the Driver
Privacy Act of 2015 assigns ownership
of EDR data to the vehicle owner,
provides limitations on data retrieval
from EDR data, and generally prohibits
access to EDR data with specific
exceptions to this general rule.
Affected Public: The respondents are
manufacturers that voluntarily equip
passenger cars, multipurpose passenger
vehicles, trucks, and buses having a
GVWR of 3,855 kg (8,500 pounds) or
less and an unloaded vehicle weight of
2,495 kg (5,500 pounds) with EDRs.
Estimated Number of Respondents:
The agency estimates that there are
approximately 18 manufacturers of
vehicles subject to part 563.
Estimated Total Annual Burden
Hours: NHTSA estimates that there are
no annual reporting or recordkeeping
burdens associated with part 563,
except for the owner’s manual statement
requirement which will be incorporated
into the consolidated owner’s manual
requirements information collection
(OMB Control Number 2127–0541).
Vehicle manufacturers are not required
to retain or report information gathered
by EDRs because the devices themselves
continuously monitor vehicle systems
and determine when to record, retain,
and/or overwrite information. The
information is collected automatically
by electronic means. Data are only
required to be locked and cannot be
overwritten when a recordable event
occurs (e.g., an air bag deploys in a
crash event). When recordable events do
occur, EDRs only capture data for a few
seconds. NHTSA estimates that there is
no annual hourly burden associated
with the information standardization
requirements of part 563.
Estimated Total Annual Burden Cost:
In the August 2006 final rule, the agency
estimated that the costs associated with
the final rule were negligible. Several
factors contributed to this
determination. First, NHTSA estimated
that about 64 percent of new light
vehicles in 2005 already added the EDR
capability to the vehicles’ existing air
bag control systems. Thus, the EDRs
were simply capturing information that
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was already being processed by the
vehicle. Additionally, in the final rule
the agency sought to limit the number
of EDR data elements and associated
requirements to the minimum necessary
to achieve our stated purposes. At that
time, NHTSA determined that the
industry’s current state-of-the-art EDRs
largely met the purposes of part 563.
Thus, it was unnecessary to specify
requirements for additional sensors or
other hardware that would increase EDR
costs appreciably. NHTSA stated in the
final rule that the most significant
technology cost could result from the
need to upgrade data storage.
The cost of data storage, long-term or
short-term, has drastically reduced over
the years.4 Regardless of the storage
type, costs are now a fraction of what
they were even 10 years ago.5 A recent
study from NHTSA looking at EDR
technologies reported that information
provided by industry indicated that a
typical recorded event requires about 2
kilobytes (Kb) of memory depending on
the manufacturer.6 Information from
manufacturers also indicated that the
typical microprocessor used in vehicle
applications, in approximately the 2013
timeframe, had 32 Kb or 64 Kb of flash
data as part of the air bag control
module (ACM) and that only a fraction
of the memory is dedicated to the EDR
data. This study also estimated the total
memory usage for all Table I and Table
II data elements, listed at 49 CFR 563.7,
recorded for the minimum required
duration and frequency requirements in
part 563. It reported that to record Table
I and II data elements would require
0.072 Kb and 0.858 Kb of memory
storage, respectively.
In addition, NHTSA now estimates
that 99.5 percent of model year 2021
light vehicles have a compliant EDR,
meaning manufacturers have largely
already incurred the cost of meeting the
part 563 requirements. Given that EDRs
are installed on nearly all new light
vehicles, the large amount of storage
that is part of the air bag control module
(32 kb or 64 kb), the small fraction
required for EDR data (<1 kb), and the
negligible costs for data storage, NHTSA
continues to believe that there would be
no additional costs or negligible costs
associated with the part 563
requirements. Therefore, the cost
burden for this collection of information
is discussed qualitatively.
4 https://www.computerworld.com/article/
3182207/cw50-data-storage-goes-from-1m-to-2cents-per-gigabyte.html.
5 https://hblok.net/blog/posts/2017/12/17/
historical-cost-of-computer-memory-and-storage-4/.
6 DOT HS 812 929, https://www.nhtsa.gov/
document/light-vehicle-event-data-recordertechnologies.
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Part 563 only applies to vehicles
voluntarily-equipped with EDRs.
Therefore, any burden is based on the
differences in cost between a compliant
and non-compliant EDR. In considering
additional burden for compliant EDRs,
NHTSA considered: (1) The additional
burden of meeting the 10-day data crash
survivability requirement; and (2) the
additional burden of meeting the data
format requirements. Part 563 requires
that an EDR must function during and
after the compliance tests specified in
FMVSS Nos. 208 and 214. The EDR’s
stored data is required to be
downloadable 10 days after the crash
tests. This requirement provides a basic
functioning and survivability level for
EDRs, but does not ensure that EDRs
survive extremely severe crashes, fire, or
fluid immersion. The burden for data
survivability can include costs for an
additional power supply and
enhancements for computer area
network (CAN) such as wiring, data bus,
and harness. However, before part 563
was established the agency had not
documented an EDR survivability
problem except in rare and extremely
severe events such as fire and
submergence. Thus, the agency does not
believe vehicle manufacturers incur
additional costs to comply with the
ability to retrieve the essential data
elements 10 days after the crash test.
With regard to the memory capacity
required to meet the part 563 data
requirements, due to proprietary
concerns, the adequacy of existing
memory capacity of part 563 noncompliant vehicles is not known.
However, we believe that the part 563
requirements are comparable to the
current industry EDR practices. In terms
of the burden associated with software
algorithm changes to meet the data
format requirements, the agency
believes that, in the event a vehicle
manufacturer needs to redesign their
software algorithm, the redesign would
be minor (e.g., changing the
specifications in their codes). The
agency estimates that the cost of
algorithm redesign would be negligible
on a per vehicle basis and it would be
an upfront cost (i.e., not a recurring
burden).
Public Comments Invited: You are
asked to comment on any aspects of this
information collection, including (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Notices
(c) ways to enhance the quality, utility
and clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
(Authority: The Paperwork Reduction Act of
1995; 44 U.S.C. chapter 35, as amended; 49
CFR 1.49; and DOT Order 1351.29.)
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2022–05570 Filed 3–16–22; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Information Collection
Renewal; Submission for OMB Review;
Covered Savings Associations
Office of the Comptroller of the
Currency, Treasury (OCC).
ACTION: Notice and request for comment.
AGENCY:
The Office of the Comptroller
of the Currency (OCC) as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on an information collection
renewal as required by the Paperwork
Reduction Act of 1995. An agency may
not conduct or sponsor, and a
respondent is not required to respond
to, an information collection unless it
displays a currently valid OMB control
number. The OCC is soliciting comment
concerning the renewal of its
information collection titled ‘‘Covered
Savings Associations.’’ The OCC also is
giving notice that it has sent the
collection to OMB for review.
DATES: Comments must be received by
April 18, 2022.
ADDRESSES: Commenters are encouraged
to submit comments by email, if
possible. You may submit comments by
any of the following methods:
• Email: prainfo@occ.treas.gov.
• Mail: Chief Counsel’s Office,
Attention: Comment Processing, 1557–
0341, Office of the Comptroller of the
Currency, 400 7th Street SW, Suite 3E–
218, Washington, DC 20219.
• Hand Delivery/Courier: 400 7th
Street SW, Suite 3E–218, Washington,
DC 20219.
• Fax: (571) 465–4326.
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Instructions: You must include
‘‘OCC’’ as the agency name and ‘‘1557–
0341’’ in your comment. In general, the
OCC will publish comments on
www.reginfo.gov without change,
including any business or personal
information provided, such as name and
address information, email addresses, or
phone numbers. Comments received,
including attachments and other
supporting materials, are part of the
public record and subject to public
disclosure. Do not include any
information in your comment or
supporting materials that you consider
confidential or inappropriate for public
disclosure.
Written comments and
recommendations for the proposed
information collection should also be
sent within 30 days of publication of
this notice to www.reginfo.gov/public/
do/PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
On January 5, 2022, the OCC
published a 60-day notice for this
information collection, 87 FR 538. You
may review comments and other related
materials that pertain to this
information collection following the
close of the 30-day comment period for
this notice by the method set forth in
the next bullet.
• Viewing Comments Electronically:
Go to www.reginfo.gov. Hover over the
‘‘Information Collection Review’’ tab
and click on ‘‘Information Collection
Review’’ drop-down menu. From the
‘‘Currently under Review’’ drop-down
menu, select ‘‘Department of Treasury’’
and then click ‘‘submit.’’ This
information collection can be located by
searching by OMB control number
‘‘1557–0341’’ or ‘‘Covered Savings
Associations.’’ Upon finding the
appropriate information collection, click
on the related ‘‘ICR Reference Number.’’
On the next screen, select ‘‘View
Supporting Statement and Other
Documents’’ and then click on the link
to any comment listed at the bottom of
the screen.
• For assistance in navigating
www.reginfo.gov, please contact the
Regulatory Information Service Center
at (202) 482–7340.
FOR FURTHER INFORMATION CONTACT:
Shaquita Merritt, OCC Clearance
Officer, (202) 649–5490, Chief Counsel’s
Office, Office of the Comptroller of the
Currency, 400 7th Street SW,
Washington, DC 20219. If you are deaf,
hard of hearing, or have a speech
disability, please dial 7–1–1 to access
telecommunications relay services.
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Under the
PRA (44 U.S.C. 3501–3520), Federal
agencies must obtain approval from the
Office of Management and Budget
(OMB) for each collection of
information that they conduct or
sponsor. ‘‘Collection of information’’ is
defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) to include agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. The OCC
asks that OMB extend its approval of the
information collection requirements in
this notice.
Abstract: The Home Owners’ Loan
Act (HOLA), as amended by the
Economic Growth, Regulatory Relief,
and Consumer Protection Act
(EGRRCPA), allows a Federal savings
association (FSA) with total
consolidated assets of $20 billion or
less, as of December 31, 2017, to elect
to operate as a covered savings
association (CSA). This section of HOLA
requires the OCC to issue rules that,
among other things, establish
streamlined standards and procedures
for FSA elections to operate as CSAs
and clarify the requirements for the
treatment of CSAs. A CSA has the same
rights and privileges as a national bank
and is subject to the same duties and
restrictions as a national bank.
Twelve CFR part 101 allows FSAs to
elect national bank powers and operate
as CSAs. An FSA seeking to operate as
a CSA is required, under 12 CFR
101.3(a), to submit a notice making an
election to the OCC that: (1) Is signed by
a duly authorized officer of the FSA;
and (2) identifies and describes any
nonconforming subsidiaries, assets, or
activities that the FSA operates, holds,
or conducts at the time it submits its
notice.
Under 12 CFR 101.5(a), the OCC may
require a CSA to submit a plan to divest,
conform, or discontinue a
nonconforming subsidiary, asset, or
activity.
A CSA may submit a notice to
terminate its election to operate as a
CSA under 12 CFR 101.6 using
procedures similar to those for an
election. In addition, an FSA that has
terminated its election to operate as a
CSA may, after a period of five years,
submit a notice under 12 CFR 101.7 to
reelect using the same procedures used
for its original election.
Title of Collection: Covered Savings
Associations.
OMB Control No.: 1557–0341.
Election, Termination, Reelection:
Estimated Number of Respondents:
267.
Estimated Burden per Respondent: 1
hour.
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Notices]
[Pages 15302-15304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05570]
[[Page 15302]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0058]
Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Event Data
Recorders
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for comments on an existing collection in
use without an OMB Control Number.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA),
this notice announces that the Information Collection Request (ICR)
abstracted below will be submitted to the Office of Management and
Budget (OMB) for review and approval. The ICR describes the nature of
the information collection and its expected burden. This ICR is for
approval of an existing collection in use without an OMB Control Number
on event data recorders (EDRs). A Federal Register Notice with a 60-day
comment period soliciting comments on the following information
collection was published on August 26, 2021. Four comments were
received in response to the notice.
DATES: Comments must be submitted on or before April 18, 2022.
ADDRESSES: Written comments and recommendations for the proposed
information collection, including suggestions for reducing burden,
should be submitted to the Office of Management and Budget at
www.reginfo.gov/public/do/PRAMain. To find this particular information
collection, select ``Currently under Review--Open for Public Comment''
or use the search function.
FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Carla Rush, U.S. Department of
Transportation, NHTSA, 202-366-4583, 1200 New Jersey Avenue SE, West
Building, Room W43-417, NRM-100, Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), a
Federal agency must receive approval from the Office of Management and
Budget (OMB) before it can collect certain information from the public,
it and a person is not required to respond to a collection of
information by a Federal agency unless the collection displays a valid
OMB control number. In compliance with these requirements, this notice
announces that the following information collection request will be
submitted to OMB.
Title: Event Data Recorders.
OMB Control Number: New.
Type of Request: Approval of an existing collection in use without
an OMB Control Number.
Type of Review Requested: Regular.
Length of Approval Requested: Three years.
Summary of the Collection of Information: 49 CFR part 563, Event
data recorders, specifies uniform, national requirements for vehicles
voluntarily equipped with EDRs concerning the collection, storage, and
retrievability of onboard motor vehicle crash event data. More
specifically it requires voluntarily installed EDRs in vehicles with a
gross vehicle weight rating (GVWR) of 3,855 kilograms (8,500 pounds) or
less to:
Record 15 essential data elements;
Record up to 30 additional data elements if the vehicle is
equipped to record these elements;
Record these data elements in a standardized format, with
specifications for range, accuracy, resolution, sampling rate,
recording duration, and filter class;
Function after full-scale vehicle crash tests specified in
FMVSS Nos. 208 and 214; and
Have the capacity to record two events in a multi-event
crash.
In addition, part 563 requires vehicle manufacturers to make a
retrieval tool for the EDR information commercially available, and
include a standardized statement in the owner's manual indicating that
the vehicle is equipped with an EDR and describing its purpose. Part
563 helps ensure that EDRs record, in a readily usable manner, data
valuable for effective crash investigations and for analysis of safety
equipment performance (e.g., advanced restraint systems).
Description of the Need for the Information and Proposed Use of the
Information: Under 49 U.S.C. 322(a), the Secretary of Transportation
(the ``Secretary'') is authorized to prescribe regulations to carry out
the duties and powers of the Secretary. One of the duties of the
Secretary is to administer the National Traffic and Motor Vehicle
Safety Act, as amended. The Secretary has delegated the responsibility
for carrying out the National Traffic and Motor Vehicle Safety Act to
NHTSA.\1\ Two statutory provisions, 49 U.S.C. 30182 and 23 U.S.C. 403,
authorize NHTSA to collect motor vehicle crash data to support its
safety mission. NHTSA collects motor vehicle crash information under
these authorities to support its statutory mandate to establish motor
vehicle safety standards and reduce the occurrence and cost of traffic
crashes.\2\ NHTSA also utilizes crash data in the enforcement of motor
vehicle safety recalls and other motor vehicle highway safety programs
that reduce fatalities, injuries, and property damage caused by motor
vehicle crashes. In 2006, NHTSA exercised its general authority to
issue such rules and regulations as deemed necessary to carry out
Chapter 301 of Title 49, United States Code to promulgate 49 CFR part
563.\3\
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\1\ 49 U.S.C. 105 and 322; delegation of authority at 49 CFR
1.95.
\2\ See 49 U.S.C. 30101 and 30111.
\3\ 71 FR 50997, August 28, 2006.
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NHTSA issued part 563 to improve crash data collection by
standardizing data recorded on EDRs to help provide a better
understanding of the circumstances in which crashes and injuries occur,
which will in turn lead to the development of safer vehicle designs.
EDR data are used to improve the quality of crash data collection to
assist safety researchers, vehicle manufacturers, and the agency in
crash investigations to understand vehicle crashes better and more
precisely. Similarly, vehicle manufacturers are able to utilize EDRs in
improving vehicle designs and developing more effective vehicle safety
countermeasures, and EDR data may be used by Advanced Automatic Crash
Notification (AACN) systems to aid emergency response teams in
assessing the severity of a crash and estimating the probability of
serious injury.
Additionally, the agency's experience in handling unintended
acceleration and pedal entrapment allegations has demonstrated that, if
a vehicle is equipped with an EDR, the data from that EDR can improve
the ability of both the agency and the vehicle's manufacturer to
identify and address safety concerns associated with possible defects
in the design or performance of the vehicle.
60-Day Notice: A Federal Register notice with a 60-day comment
period soliciting public comments on the following information
collection was published on August 26, 2021 (86 FR 47719). Four
comments were submitted in response to the notice. The commenters were
the Insurance Institute for Highway Safety and Highway Loss Data
Institute, the National Association of Mutual Insurance Companies,
Advocates for Highway and Auto Safety, and the Center for Auto Safety.
All commenters supported the information collection;
[[Page 15303]]
however, the comments did not address the estimated cost and hour
burden of this information collection. The comments instead made
recommendations unrelated to this information collection for NHTSA to
mandate event data recorders and expand the number of data elements
required in part 563 and to make the data available to the public for
certain vehicles. These comments, however, cannot be addressed by this
process of seeking approval for the information collection for the
current part 563. NHTSA also notes that the Driver Privacy Act of 2015
assigns ownership of EDR data to the vehicle owner, provides
limitations on data retrieval from EDR data, and generally prohibits
access to EDR data with specific exceptions to this general rule.
Affected Public: The respondents are manufacturers that voluntarily
equip passenger cars, multipurpose passenger vehicles, trucks, and
buses having a GVWR of 3,855 kg (8,500 pounds) or less and an unloaded
vehicle weight of 2,495 kg (5,500 pounds) with EDRs.
Estimated Number of Respondents: The agency estimates that there
are approximately 18 manufacturers of vehicles subject to part 563.
Estimated Total Annual Burden Hours: NHTSA estimates that there are
no annual reporting or recordkeeping burdens associated with part 563,
except for the owner's manual statement requirement which will be
incorporated into the consolidated owner's manual requirements
information collection (OMB Control Number 2127-0541). Vehicle
manufacturers are not required to retain or report information gathered
by EDRs because the devices themselves continuously monitor vehicle
systems and determine when to record, retain, and/or overwrite
information. The information is collected automatically by electronic
means. Data are only required to be locked and cannot be overwritten
when a recordable event occurs (e.g., an air bag deploys in a crash
event). When recordable events do occur, EDRs only capture data for a
few seconds. NHTSA estimates that there is no annual hourly burden
associated with the information standardization requirements of part
563.
Estimated Total Annual Burden Cost: In the August 2006 final rule,
the agency estimated that the costs associated with the final rule were
negligible. Several factors contributed to this determination. First,
NHTSA estimated that about 64 percent of new light vehicles in 2005
already added the EDR capability to the vehicles' existing air bag
control systems. Thus, the EDRs were simply capturing information that
was already being processed by the vehicle. Additionally, in the final
rule the agency sought to limit the number of EDR data elements and
associated requirements to the minimum necessary to achieve our stated
purposes. At that time, NHTSA determined that the industry's current
state-of-the-art EDRs largely met the purposes of part 563. Thus, it
was unnecessary to specify requirements for additional sensors or other
hardware that would increase EDR costs appreciably. NHTSA stated in the
final rule that the most significant technology cost could result from
the need to upgrade data storage.
The cost of data storage, long-term or short-term, has drastically
reduced over the years.\4\ Regardless of the storage type, costs are
now a fraction of what they were even 10 years ago.\5\ A recent study
from NHTSA looking at EDR technologies reported that information
provided by industry indicated that a typical recorded event requires
about 2 kilobytes (Kb) of memory depending on the manufacturer.\6\
Information from manufacturers also indicated that the typical
microprocessor used in vehicle applications, in approximately the 2013
timeframe, had 32 Kb or 64 Kb of flash data as part of the air bag
control module (ACM) and that only a fraction of the memory is
dedicated to the EDR data. This study also estimated the total memory
usage for all Table I and Table II data elements, listed at 49 CFR
563.7, recorded for the minimum required duration and frequency
requirements in part 563. It reported that to record Table I and II
data elements would require 0.072 Kb and 0.858 Kb of memory storage,
respectively.
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\4\ https://www.computerworld.com/article/3182207/cw50-data-storage-goes-from-1m-to-2-cents-per-gigabyte.html.
\5\ https://hblok.net/blog/posts/2017/12/17/historical-cost-of-computer-memory-and-storage-4/.
\6\ DOT HS 812 929, https://www.nhtsa.gov/document/light-vehicle-event-data-recorder-technologies.
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In addition, NHTSA now estimates that 99.5 percent of model year
2021 light vehicles have a compliant EDR, meaning manufacturers have
largely already incurred the cost of meeting the part 563 requirements.
Given that EDRs are installed on nearly all new light vehicles, the
large amount of storage that is part of the air bag control module (32
kb or 64 kb), the small fraction required for EDR data (<1 kb), and the
negligible costs for data storage, NHTSA continues to believe that
there would be no additional costs or negligible costs associated with
the part 563 requirements. Therefore, the cost burden for this
collection of information is discussed qualitatively.
Part 563 only applies to vehicles voluntarily-equipped with EDRs.
Therefore, any burden is based on the differences in cost between a
compliant and non-compliant EDR. In considering additional burden for
compliant EDRs, NHTSA considered: (1) The additional burden of meeting
the 10-day data crash survivability requirement; and (2) the additional
burden of meeting the data format requirements. Part 563 requires that
an EDR must function during and after the compliance tests specified in
FMVSS Nos. 208 and 214. The EDR's stored data is required to be
downloadable 10 days after the crash tests. This requirement provides a
basic functioning and survivability level for EDRs, but does not ensure
that EDRs survive extremely severe crashes, fire, or fluid immersion.
The burden for data survivability can include costs for an additional
power supply and enhancements for computer area network (CAN) such as
wiring, data bus, and harness. However, before part 563 was established
the agency had not documented an EDR survivability problem except in
rare and extremely severe events such as fire and submergence. Thus,
the agency does not believe vehicle manufacturers incur additional
costs to comply with the ability to retrieve the essential data
elements 10 days after the crash test.
With regard to the memory capacity required to meet the part 563
data requirements, due to proprietary concerns, the adequacy of
existing memory capacity of part 563 non-compliant vehicles is not
known. However, we believe that the part 563 requirements are
comparable to the current industry EDR practices. In terms of the
burden associated with software algorithm changes to meet the data
format requirements, the agency believes that, in the event a vehicle
manufacturer needs to redesign their software algorithm, the redesign
would be minor (e.g., changing the specifications in their codes). The
agency estimates that the cost of algorithm redesign would be
negligible on a per vehicle basis and it would be an upfront cost
(i.e., not a recurring burden).
Public Comments Invited: You are asked to comment on any aspects of
this information collection, including (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
[[Page 15304]]
(c) ways to enhance the quality, utility and clarity of the information
to be collected; and (d) ways to minimize the burden of the collection
of information on respondents, including the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
(Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; 49 CFR 1.49; and DOT Order 1351.29.)
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2022-05570 Filed 3-16-22; 8:45 am]
BILLING CODE 4910-59-P