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

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Published

January 12, 2022

Issuing agencies

Transportation DepartmentNational Highway Traffic Safety Administration

Abstract

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.

Full Text

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<title>Federal Register, Volume 87 Issue 8 (Wednesday, January 12, 2022)</title>
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[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1833-1837]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Electronic Submissions: Go to the Federal eRulemaking
Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions
for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590.
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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

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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 <a href="https://www.bls.gov/news.release/ecec.t01.htm">https://www.bls.gov/news.release/ecec.t01.htm</a> (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, <a href="https://www.bls.gov/oes/current/oes_nat.htm">https://www.bls.gov/oes/current/oes_nat.htm</a> (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, <a href="https://www.bls.gov/oes/current/oes_nat.htm">https://www.bls.gov/oes/current/oes_nat.htm</a> (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 <a href="https://www.bls.gov/news.release/ecec.t01.htm">https://www.bls.gov/news.release/ecec.t01.htm</a> (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
----------------------------------------------------------------------------------------------------------------
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

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