Notice2022-14938
Agency Information Collection Activities; Notice and Request for Comment; Importation of Vehicles and Equipment Subject to the Federal Motor Vehicle Safety, Bumper, and Theft Prevention Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 13, 2022
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
NHTSA invites public comments about our intention to request approval from the Office of Management and Budget (OMB) for a revision of a currently approved information collection. Before a Federal agency can collect certain information from the public, it must receive approval from OMB. Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes a collection of information for which NHTSA intends to seek OMB approval regarding importation of vehicles and equipment subject to the Federal motor vehicle safety, bumper, and theft prevention standards.
Full Text
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<title>Federal Register, Volume 87 Issue 133 (Wednesday, July 13, 2022)</title>
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[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41861-41871]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14938]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA NHTSA-2022-0060]
Agency Information Collection Activities; Notice and Request for
Comment; Importation of Vehicles and Equipment Subject to the Federal
Motor Vehicle Safety, Bumper, and Theft Prevention Standards
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for comments on a revision of currently
approved information collection request.
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SUMMARY: NHTSA invites public comments about our intention to request
approval from the Office of Management and Budget (OMB) for a revision
of a currently approved information collection. Before a Federal agency
can collect certain information from the public, it must receive
approval from OMB. Under procedures established by the Paperwork
Reduction Act of 1995, before seeking OMB approval, Federal agencies
must solicit public comment on proposed collections of information,
including extensions and reinstatement of previously approved
collections. This document describes a collection of information for
which NHTSA intends to seek OMB approval regarding importation of
vehicles and equipment subject to the Federal motor vehicle safety,
bumper, and theft prevention standards.
DATES: Comments must be submitted on or before September 12, 2022.
ADDRESSES: You may submit comments identified by the Docket No. NHTSA-
2022-XXXX through any of the following methods:
<bullet> Electronic submissions: Go to the Federal eRulemaking
Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions
for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> Mail or Hand Delivery: Docket Management, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-
140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.
Instructions: All submissions must include the agency name and
docket number for this notice. Note that all comments received will be
posted without change to <a href="http://www.regulations.gov">http://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="http://www.regulations.gov">http://www.regulations.gov</a> or the street
address listed above. Follow the online instructions for accessing the
dockets via internet.
FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Neil Thurgood, Office of Vehicle
Safety Compliance (NEF-230), National Highway Traffic Safety
Administration, West Building--4th Floor--Room W45-205, 1200 New Jersey
Avenue SE, Washington, DC 20590. Mr. Thurgood's telephone number is
(202) 366-0712. Please identify the relevant collection of information
by referring to its OMB Control Number (2127-0002).
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), before an agency submits a proposed
collection of information to OMB for approval, it must first publish a
document in the Federal Register providing a 60-day comment period and
otherwise consult with members of the public and affected agencies
concerning each proposed collection of information. The OMB has
promulgated regulations describing what must be included in such a
document. Under OMB's regulation (at 5 CFR 1320.8(d)), an agency must
ask for public comment on the following: (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (c) how to enhance
the quality, utility, and clarity of the information to be collected;
and (d) how to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g. permitting electronic
submission of responses. In compliance with these requirements, NHTSA
asks for public comments on the following proposed collection of
information for which the agency is seeking approval from OMB.
Title: Importation of Vehicles and Equipment Subject to the Federal
Motor Vehicle Safety, Bumper, and Theft Prevention Standards.
OMB Control Number: 2127-0002.
Form Number(s): HS-7, HS-474, NHTSA Form 1481, NHTSA Form 1482,
NHTSA Form 1483, NHTSA Form 1484.
Type of Request: Revision.
Type of Review Requested: Regular.
Requested Expiration Date of Approval: 3 years from date of
approval.
Summary of the Collection of Information:
This information collection request covers various collections
needed for the administration of NHTSA's regulations governing the
importation of motor vehicle and motor vehicle equipment. This
information collection includes the declaration form required for the
importation of all motor vehicles and regulated items of motor vehicle
equipment and related information requests as well as information
requirements for Registered Importers (RIs).
Description of the Need for the Information and Proposed Use of the
Information: This information collections described in this document
are necessary to ensure that motor vehicles and items of motor vehicle
equipment subject to the Federal motor vehicle safety, bumper and theft
prevention standards are lawfully imported into the United States. The
primary component of this information collection is the declaration
requirement for the importation of motor vehicles and items of motor
vehicle equipment. NHTSA's regulations at 49 CFR part 591 provide that
no person shall import a motor vehicle or regulated item of motor
vehicle equipment [e.g., tires, glazing, seat belts, etc.] unless the
importer files a declaration.\1\ To be lawfully imported, the vehicle
or equipment item must be covered by one of the boxes on the HS-7
Declaration form and the importer must declare, subject to penalty for
[[Page 41862]]
making false statements, that the vehicle or equipment item is entitled
to entry under the conditions specified on the form, including the
provision of any supporting information or materials that may be
required. This declaration is filed with U.S. Customs and Border
Protection (Customs) on a paper copy of the HS-7 Declaration form, or,
if the entry is made by a Customs House Broker, it can be made
electronically using Customs' Automated Broker Interface (ABI) system.
The ABI feeds into Custom's Automated Commercial Environment (ACE)
system that tracts all of the HS-7 information. The HS-7 Declaration
form has 14 boxes, each of which identifies a lawful basis for the
importation of a motor vehicle or equipment item into the United
States. The regulations require a declaration to be filed (on the HS-7
Declaration Form) at the time a vehicle or item of motor vehicle
equipment is imported that identifies, among other things, whether the
vehicle or item of equipment was originally manufactured to conform to
all applicable FMVSS, and if it was not, to state the basis for the
importation of the vehicle or item of equipment. In calendar years
2019, 2020, and 2021, there were 14,028,097; 12,509,672; and 12,754,348
entries made under HS-7 Declarations filed with U.S. Customs and Border
Protection, respectively.
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\1\ 49 CFR 591.5.
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In addition to the declarations, entries made under certain boxes
on the HS-7 form are required to be accompanied by additional
information. In some cases, the additional information is an additional
form or statement accompanying the HS-7 form. However, in other cases,
the entry can only be made after NHTSA has reviewed and approved an
application or granted a petition, such as the petitions related to
entry under NHTSA's Registered Importer program.
As described in detail below, this request also covers several
information collections related to the Registered Importer program.
NHTSA relies on this information when approving and renewing RI
registrations to better ensure that RIs are meeting their obligations
under the statutes and regulations governing the importation of
nonconforming vehicles and to allow the agency to make more informed
decisions in conferring RI status on applicants and in permitting RI
status to be retained by those currently holding registrations. This
information also allows NHTSA to deny those lacking the capability to
responsibly provide RI services and take enforcement action, such as
suspending or revoking registrations, against RIs that have committed
or are associated with those who have committed past violations of the
vehicle importation laws.
A more detailed description of this information collection is
provided below and is broken down by the 14 boxes on the HS-7 form and
the requirements for RIs.
HS-7 Declaration Form: Importation of Motor Vehicles and Motor Vehicle
Equipment Subject to the Federal Motor Vehicle Safety, Bumper, and
Theft Prevention Standards
1. Box 1: Importation of Vehicles at Least 25 Years Old or Equipment
Not Subject to the Safety Standards
Motor vehicles at least 25 years old and items of motor vehicle
equipment manufactured on a date when no applicable FMVSS was effect
may be lawfully imported without regard to compliance with the FMVSS.
These vehicles and equipment items are declared under Box 1 on the HS-7
Declaration form. In calendar years 2019, 2020, and 2021, there were,
respectively, 2,515,742; 2,161,035; and 1,696,886 entries made for
vehicles and equipment items imported under Box 1. The average for the
last three years was 2,124,554.33. Using this estimate, NHTSA estimates
that an average of 2,200,000 entries will be made under Box 1 in each
of the next three years.
2. Box 2A: Importation of Conforming Vehicles and Equipment
Vehicles and equipment that are originally manufactured to comply
with all applicable Federal motor vehicle safety, bumper, and theft
prevention standards, and that bear a label or tag certifying such
compliance that is permanently affixed by the original manufacturer,
are declared under Box 2A on the HS-7 Declaration form. Vehicles that
are covered by exemptions under 49 CFR parts 555 and 586 are also
imported under Box 2A. In 2019, 2020, and 2021 there were 8,517,969;
7,497,561; and 8,172,429 entries made under Box 2A, respectively. The
average number of entries made under Box 2A in the last three years was
8,062,653. Based on this average, NHTSA estimates that number of
entries made in each of the next three years under Box 2A will be, on
average, 8,100,000.
3. Box 2B: Importation of Conforming Canadian-Market Vehicles for
Personal Use
A motor vehicle that is certified by its original manufacturer as
complying with all applicable Canadian motor vehicle safety standards
can be imported by an individual for personal use under Box 2B. To
accomplish the entry, the importer must furnish Customs with a letter
from the vehicle's original manufacturer confirming that the vehicle
conforms to all applicable U.S. Federal motor vehicle safety, bumper,
and theft prevention standards, or that it conforms to all such
standards except for the labeling requirements of Standard Nos. 101
Controls and Displays and 110 or 120, Tire Selection and Rims, and/or
the requirements of Standard No. 108, Lamps, Reflective Devices, and
Associated Equipment, relating to daytime running lamps. In 2019, 2020,
and 2020 there were 1,740; 1,919; and 2,553 entries made under Box 2B,
respectively. Although the average number of entries for the last three
years was 2,070.67 entries per year, the number of Box 2B entries
appears to be increasing. Accordingly, NHTSA estimates that, on
average, 2,600 entries will be made under Box 2B in each of the next
three years. As noted above, entries under Box 2B must be accompanied
by a confirmation letter from the manufacturer of the vehicle.
Accordingly, NHTSA estimates that in each of the next three years,
2,600 requests will be made to manufacturers for confirmation letters
and manufacturers will send 2,600 confirmation letters in response.
4. Box 3: Importation of Nonconforming Vehicles by Registered Importers
A motor vehicle that does not conform to all applicable Federal
Motor Vehicle Safety and Bumper Standards, but does conform to
applicable Federal Theft Prevention Standards may be imported under Box
3 if NHTSA has determined that the model and model year of the vehicle
to be imported is eligible for importation because it can be modified
to meet the standards. Generally, the National Traffic and Motor
Vehicle Safety Act prohibits the importation into the United States of
a motor vehicle manufactured on or after the date an applicable Federal
motor vehicle safety standard (FMVSS) takes effect, unless the motor
vehicle was manufactured in compliance with the standard and was so
certified by its original manufacturer.\2\ Under one of the exceptions
to this prohibition, found at 49 U.S.C. 30141, a nonconforming vehicle
can be imported into the United States provided (1) NHTSA decides that
the vehicle is eligible for importation, based on its capability of
being modified to conform to all applicable FMVSS, and (2) it is
imported by a registered importer (RI), or by a person who has a
contract with an RI to bring the vehicle into conformity with all
applicable
[[Page 41863]]
standards following importation. Regulations implementing this statute
are found at 49 CFR parts 591 and 592. There are four information
collection components for vehicles imported under Box 3: (1) HS-7
Declaration Forms, (2) HS-474 Conformance Bond Forms; (3) Conformity
Packages; and (4) Import Eligibility Petitions.
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\2\ 49 U.S.C. 30112(a)(1).
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A nonconforming vehicle that NHTSA has decided to be eligible for
importation can be imported by an RI, or by a person who has a contract
with an RI to modify the vehicle so that it conforms to all applicable
FMVSS, under Box 3 on the HS-7 Declaration form. The volume of imports
under Box 3 has greatly increased in recent years. In 2019, there were
a total of 296,898 entries under Box 3. Of those entries, 298,767 were
for Canadian-market vehicles and 131 were for vehicles for sale in
other foreign markets. In 2020, there were a total of 228,256 entries
under Box 3. Of those entries, 228,138 were for Canadian-market
vehicles and 118 were for vehicles for sale in other foreign markets.
In 2021, there were a total of 374,105 entries under Box 3. Of those
entries, 374,001 were for Canadian-market vehicles and 104 were for
vehicles for sale in other foreign markets. Based on these figures, the
agency estimates that on average, 300,120 vehicles will be imported
each year under Box 3, with 300,000 Canadian-market vehicles being
imported and 120 vehicles for other foreign markets being imported.
Entries made under Box 3 are required to be accompanied with a copy of
the DOT Bond and, if applicable, a copy of the contract with the RI.
a. HS-474 Conformance Bond
NHTSA's regulations also require an RI, among other things, to
furnish a bond (on the HS-474 Conformance Bond form) at the time of
entry for each nonconforming vehicle it imports, to ensure that the
vehicle will be brought into conformity with all applicable safety and
bumper standards within 120 days of entry or will be exported from, or
abandoned to, the United States. A HS-474 Conformance Bond has to be
furnished for each nonconforming vehicle imported under Box 3. Using
NHTSA's estimate that, on average, 300,120 vehicles will be imported
under Box 3 each year, NHTSA estimates that importers will also
complete 300,120 HS-474 forms each year. In addition, the documents
required for importation under Box 3, NHTSA also requires a statement
of conformity to be submitted for each vehicle that was imported under
Box 3.
b. Conformity Package
After modifying the vehicle to conform to all applicable standards,
the RI must submit a statement of conformity (NHTSA Form 1484) to
NHTSA. After receiving the statement of conformity, NHTSA will issue a
letter permitting the bond to be released if the agency is satisfied
that the vehicle has been modified in the manner stated by the RI. The
statement of conformity contains a check-off list on which the RI
identifies the FMVSS and other agency requirements to which the vehicle
conforms as originally manufactured and the FMVSS and other
requirements to which the vehicle was modified to conform. The RI also
attaches to the statement of conformity documentary and photographic
evidence of the modifications that it made to the vehicle to achieve
conformity with applicable standards. Collectively, these documents are
referred to as a ``conformity package.'' A conformity package must be
submitted for each nonconforming vehicle imported under Box 3.
Therefore, NHTSA estimates that, on average, 300,120 conformity
packages will be submitted each year for vehicles that were imported
under Box 3. Each RI must also retain a copy of each conformity package
for 10 years.
c. Import Eligibility Petition
As previously noted, a motor vehicle that was not originally
manufactured to comply with all applicable FMVSS cannot be lawfully
imported into the United States on a permanent basis unless NHTSA
decides that the vehicle is eligible for importation, based on its
capability of being modified to conform to those standards. Under 49
U.S.C. 30141, the eligibility decision can be based on the
nonconforming vehicle's substantial similarity to a vehicle of the same
make, model, and model year that was manufactured for importation into,
and sale in the United States, and certified as complying with all
applicable FMVSS by its original manufacturer. Where there is no
substantially similar U.S.-certified vehicle, the eligibility decision
must be predicated on the vehicle having safety features that are
capable of being modified to conform to the FMVSS, based on destructive
crash test data or such other evidence that the agency may deem
adequate. The agency makes import eligibility decisions either on its
own initiative, or in response to petitions filed by RIs. In 2019,
NHTSA received 28 import eligibility petitions. Of these, 25 were for
vehicles with substantially similar U.S.-certified counterparts and 3
were for vehicles for which there were no substantially similar U.S.
certified counterparts. In 2020, 8 import eligibility petitions were
submitted to the agency. Of these, 4 were for vehicles with
substantially similar U.S.-certified counterparts, and 4 were for
vehicles for which there were no substantially similar U.S.-certified
counterparts. In 2021, 11 import eligibility petitions were submitted
to the agency. Of these, 9 were for vehicles with substantially similar
U.S.-certified counterparts, and 2 were for vehicles for which there
were no substantially similar U.S.-certified counterparts. Assuming
this trend continues in future years, the agency estimates that roughly
16 import eligibility petitions will be submitted each year, 13 of
which will be for vehicles with substantially similar U.S.-certified
counterparts and 3 petitions will be for vehicles lacking substantially
similar U.S.-certified counterparts.
5. Box 4: Importation of Vehicles or Equipment Intended Solely for
Export
A nonconforming vehicle or equipment item that is intended solely
for export, and bears a tag or label to that effect, can be entered
under Box 4 on the HS-7 Declaration form. In 2019, 2020, and 2021,
there were 13,797; 9,932, and 10,910 entries made under Box 4,
respectively, for an average of 11,544.33. Based on this average, NHTSA
estimates that, on average, there will be 12,000 entries under Box 4 in
each of the next three years.
6. Box 5: Temporary Importation of Nonconforming Vehicles by
Nonresidents of the United States
Under an international convention to which the United States is a
signatory, a nonresident of the United States may import a
nonconforming vehicle for personal use, for a period of up to one year,
provided the vehicle is not sold while in the United States and is
exported no later than one year from its date of entry. These vehicles
are entered under Box 5 on the HS-7 Declaration form. To enter a
vehicle under Box 5, the importer must also furnish Customs with the
importer's passport number and the name of the country that issued the
passport. In 2019, 2020, and 2021, there were 324, 157, and 176 entries
made under Box 5, respectively, for an average of 219 entries per year.
Based on this average, NHTSA estimates that, on average, there will be
220 entries made each year under Box 5.
[[Page 41864]]
7. Box 6: Temporary Importation of Nonconforming Vehicles by Foreign
Diplomats
A member of the personnel of a foreign government on assignment in
the United States, or a member of the secretariat of a public
international organization so designated under the International
Organizations Immunities Act, and within the class of persons for whom
free entry of motor vehicles has been authorized by the Department of
State, may temporarily import a nonconforming vehicle for personal use
while in the United States pursuant to 49 CFR 591.5(h)(1) if the
importer: (1) is importing the motor vehicle on a temporary basis for
personal use and will register it through the Office of Foreign
Missions of the Department of State; (2) will not sell the vehicle to
any person in the United States, other than a person who is eligible to
import a vehicle under Box 6; and (3) will obtain from the Office of
Foreign Missions of the Department of State, before departing the
United States at the conclusion of a tour of duty, an ownership title
to the vehicle good for export only. These vehicles are entered under
Box 6 on the HS-7 Declaration form. The importer must attach to the
declaration a copy of the importer's official orders and provide
Customs with the name of the embassy to which the importer is attached.
In 2019, 2020, and 2021, there were 33, 24, and 40 entries made under
Box 6, respectively, for an average of 32.33 entries per year. Based on
this average, NHTSA estimates that, on average, 40 entries will be made
under Box 6 in each of the next three years.
8. Box 7: Temporary Importation of Nonconforming Vehicles and Equipment
Certain vehicles and items of regulated motor vehicle equipment
that do not conform with all applicable Federal motor vehicle safety
standards may be imported under Box 7 for the purpose of research,
investigations, demonstrations, training or competitive racing events.
Under 49 U.S.C. 30114(a), NHTSA is authorized to exempt a motor vehicle
or item of motor vehicle equipment for purposes of research,
investigations, demonstrations, training, competitive racing events,
show, or display. Such exemptions are made on such terms the agency
decides are necessary from 49 U.S.C. 30112(a)(1), which prohibits the
importation of nonconforming motor vehicles and items of motor vehicle
equipment. Written permission from NHTSA is required to temporarily
import a nonconforming motor vehicle or motor vehicle equipment item
for one of the specified purposes unless the importer is a manufacturer
of motor vehicles that are certified to the FMVSS. This information
collection is being modified to reflect that NHTSA is requesting
approval for a new information collection that will cover the
information requirements associated with requesting permission to
import a vehicle or item of equipment under box 7. With respect to Box
7 entries, this information collection will now only cover the
declaration form for Box 7 entries and, in the case that written
permission is not required, the importer's written statement. Under
Part 591, declarations for importation under Box 7 that do not require
to be accompanied by a permission letter from NHTSA must be accompanied
by the importer's written statement, or by entering in electronic
format information contained in the statement, into the U.S. Customs
and Border Protection electronic data collection system, describing the
use to be made of the vehicle or equipment item. If use on the public
roads is an integral part of the purpose for which the vehicle or
equipment item is imported, the statement shall describe the purpose
which makes such use necessary, state the estimated period of time
during which use of the vehicle or equipment item on the public roads
is necessary, and state the intended means of final disposition (and
disposition date) of the vehicle or equipment item after completion of
the purpose for which it is imported. In 2019, there were 12,444
entries made under Box 7, of which 11,974 were made by certifying
manufacturers not requiring permission from NHTSA and 470 were made by
importers that received permission from NHTSA. In 2020, there were
6,131 entries made under Box 7, of which 5,716 were made by certifying
manufacturers not requiring permission from NHTSA and 415 were made by
importers that received permission from NHTSA. In 2021, there were
6,395 entries made under Box 7, of which 5,960 were made by certifying
manufacturers not requiring permission from NHTSA and 435 were made by
importers that received permission from NHTSA. Although there were, on
average, 7,883.33 entries made under Box 7 in the last three years,
NHTSA estimates that, on average, 10,000 entries will be made under Box
7 in each of the next three years. NHTSA estimates that 10,000 will be
entries made without permission from NHTSA and 500 entries will be made
with permission from NHTSA.
9. Box 8: Importation of Off-Road Vehicles
NHTSA regulates the importation of ``motor vehicles,'' which are
defined, at 49 U.S.C. 30102, as vehicles that are driven or drawn by
mechanical power and manufactured primarily for use on public streets,
roads, and highways. Vehicles that are not primarily manufactured for
on-road are not ``motor vehicles'' under this definition and are not
subject to 49 U.S.C. 30112(a)(1) which prohibits the importation of
motor vehicles that do not comply with all applicable FMVSS. Vehicles
for off-road may, therefore, be imported without regard to their
compliance with the FMVSS. These vehicles are entered under Box 8 on
the HS-7 Declaration form. In 2019, 2020, and 2021 there were 673,323;
843,864; and 1,119,305 entries made under Box 8, respectively, with an
average of 878,830.67 entries per year. However, because the number of
entries under Box 8 increased over the last three years, NHTSA
estimates that, on average, 1,200,000 entries will be made under Box 8
in each of the next three years. Declarations made under Box 8 must be
accompanied by a statement substantiating the vehicle was not
manufactured for use on the public roads, other than the equipment item
was not manufactured for use on a motor vehicle or is not an item of
motor vehicle equipment. Vehicles that may be imported under Box 8
include those that are originally manufactured for closed circuit
racing. Although approval from NHTSA is not needed to import a vehicle
that was originally manufactured for racing purposes, the agency will
issue a letter recognizing that the vehicle was manufactured for off-
road use if the importer requests the agency to do so. An application
form that can be used to obtain such a letter is also posted to the
agency's website at <a href="http://www.nhtsa.gov/cars/rules/import">www.nhtsa.gov/cars/rules/import</a>. In its last
request for approval for this information collection, NHTSA estimated
that it would receive approximately 13 applications each year. However,
NHTSA received no applications to request letters recognizing that a
vehicle was manufactured for off-road use in the years between 2017 and
2022. Based on this fact, NHTSA is lowering its estimate of the number
applications NHTSA expects to receive in each of the next three years
to 10.
[[Page 41865]]
10. Box 9: Importation of Vehicles or Equipment Requiring Further
Manufacturing Operations
A motor vehicle or equipment item that requires further
manufacturing operations to perform its intended function, other than
the addition of readily attachable components such as mirrors or
wipers, or minor finishing operations such as painting, may be entered
under Box 9 on the HS-7 Declaration form. Declarations made under Box 9
must be accompanied with documentation from the manufacturer. If the
declaration is for a vehicle, it must be accompanied by a copy of the
Incomplete Vehicle Document, issued by the incomplete vehicle
manufacturer, providing guidance on completing the vehicle so that it
conforms to all applicable FMVSS. For an item of equipment, the
declaration must be accompanied by a statement issued by the item's
manufacturer identifying the applicable FMVSS to which the item does
not conform and describing the further manufacturing required for the
item to perform its intended function. In 2019, 2020, and 2021 there
were 85,015; 67,295; and 85,562 entries made under Box 9, respectively,
with an average of 79,290.67 entries per year. NHTSA estimates that, on
average, 90,000 entries will be made under Box 9 in each of the next
three years.
11. Box 10: Importation of Vehicles for Show or Display
Vehicles that have been granted exemption from NHTSA may be
imported for purposes for show or display under Box 10. Under 49 U.S.C.
30114(a), NHTSA is authorized to exempt a motor vehicle or item of
motor vehicle equipment for purposes of research, investigations,
demonstrations, training, competitive racing events, show, or display
from 49 U.S.C. 30112(a)(1) which prohibits the importation of
nonconforming motor vehicles and items of motor vehicle equipment. Such
exemptions are made on such terms the agency decides are necessary.
With written permission, vehicles that are deemed by NHTSA to have
sufficient technological or historical significance that they would be
worthy of being exhibited in car shows if they were brought to the
United States are eligible for importation for purposes of show or
display under Box 10 on the HS-7 Declaration form. This information
collection is being modified to reflect that NHTSA is requesting
approval for a new information collection that will cover the
information requirements associated with obtaining an exemption for
show or display. For vehicles imported for show or display, this
information collection will now only cover the declaration form for Box
10 entries. In 2019, 2020, and 2021 there were 30, 70, and 69 entries
made under Box 10, respectively, with an average of 56.33 entries per
year. Because the number of Box 10 entries has increased over the last
three years, NHTSA estimates that, on average, 70 entries will be made
under Box 10 in each of the next three years.
12. Box 11: Importation of Equipment Subject to the Theft Prevention
Standard
Items of motor vehicle equipment that are marked in accordance with
the Theft Prevention Standard in 49 CFR part 541 may be entered under
Box 11 on the HS-7 Declaration form. In 2019, 2020, and 2021 there were
1,911,103; 1,693,295; and 1,285,783 entries made under Box 11,
respectively, with an average of 1,630,060.33 entries per year. NHTSA
estimates that, on average, 1,630,000 entries will be made under Box 11
in each of the next three years.
13. Box 12: Temporary Importation of Nonconforming Vehicles by Foreign
Military Personnel
A member of the armed forces of a foreign country on assignment in
the United States may temporarily import a nonconforming vehicle for
personal use during the member's tour of duty under Box 12 on the HS-7
Declaration form pursuant to 49 CFR 591.5(h)(2) if they: (1) import the
vehicle on a temporary basis for personal use; (2) certify that they
will not sell the vehicle to any person in the States other than to a
person eligible to import a vehicle under Box 12; (3) export the
vehicle upon departing the United States at the conclusion of their
tour of duty; and (4) attach a copy of their official orders. In 2019,
2020, and 2021 there were 139, 119, and 127 entries made under Box 12,
respectively, with an average of 128.33 entries per year. Based on this
average, NHTSA estimates that, on average, 130 entries will be made
under Box 12 in each of the next three years.
14. Box 13: Importation of Vehicles to Prepare Import Eligibility
Petitions
Nonconforming vehicles may be imported with a declaration under Box
13 for the purpose of preparing an import eligibility petition if the
vehicle is imported by a registered importer that has received written
permission from NHTSA to import the vehicle. RIs request permission to
import vehicles under Box 13 to allow them to prepare a petition
requesting that NHTSA determine that a particular make, model, and
model year is eligible for importation under Box 3. In 2019, 2020, and
2021 there were 6, 10 and 5 entries made under Box 13, respectively,
with an average of 7 entries per year. Based on this average, NHTSA
estimates that, on average, 7 entries will be made under Box 13 in each
of the next three years.
As noted above, a declaration under Box 13 must be accompanied by a
permission letter from NHTSA. NHTSA has issued guidance to inform RIs
that it will permit no more than two vehicles to be imported for the
purpose of preparing an import eligibility petition. In 2019, 2020, and
2021 NHTSA received 10, 4, and 3 applications for permission to import
a vehicle under Box 13, respectively, with an average of 5.67 entries
per year. Based on this average, NHTSA estimates that, on average, it
will receive, on average, 6 applications for importation under Box 13
in each of the next three years.
Information Collection Requirements for Registered Importers
In addition, to the information collection requirements discussed
above regarding the importation of vehicles by Registered Importers,
NHTSA has four other information collections related to its Registered
Importer program. The additional information collections for the RI
program include (1) information collected from applicants seeking
status as RIs; (2) annual reporting requirements for RIs to retain
their status; (3) recordkeeping requirements for RIs who issue
conformity statement for modified vehicles; and (4) requests sent to
manufacturers, in connection with the RI program, regarding compliance
with FMVSS No. 138, Tire Pressure Monitoring Systems. The first three
information collections affect applicants seeking status as RIs and
existing RIs seeking to renew their registrations. The fourth affects
manufacturers of Canadian-certified vehicles.
Under 49 U.S.C. 30141, a motor vehicle that was not originally
manufactured to comply with all applicable FMVSS may not be lawfully
imported into the United States on a permanent basis unless (1) NHTSA
decides it is eligible for importation, based on its capability of
being modified to conform to all applicable FMVSS and (2) it is
imported by an RI or by a person who has a contract with an RI to
modify the vehicle so that it complies with all applicable FMVSS
following importation. 49 U.S.C. 30141(c) authorizes NHTSA to
establish, by regulation, procedures for registering
[[Page 41866]]
RIs. Those regulations are found in 49 CFR part 592.
1. Information Collected From Applicants
Under the terms of the regulations in part 592, an applicant for RI
status must submit to the agency information (NHTSA Form 1481) that
identifies the applicant, specifies the manner in which the applicant's
business is organized (i.e., sole proprietorship, partnership, or
corporation), and, depending on the form of organization, identifies
the principals of the business. The application must also state that
the applicant has never had a registration revoked and identify any
principal previously affiliated with another RI. The application must
also provide the street address and telephone number in the United
States of each facility for the conformance, storage, and repair of
vehicles that the applicant will use to fulfill its duties as an RI,
including records maintenance, and the street address in the United
States that it designates as its mailing address. The applicant must
also furnish a business license or other similar document issued by a
State or local authority authorizing it to do business as an importer,
seller, or modifier of motor vehicles, or a statement that it has made
a bona fide inquiry and is not required by any State or local authority
to maintain such a license. The application must also set forth
sufficient information to allow the Administrator to conclude that the
applicant (1) is technically able to modify nonconforming vehicles to
conform to applicable Federal motor vehicle safety and bumper
standards, (2) owns or leases one or more facilities sufficient in
nature and size to repair, conform, and store the vehicles for which it
furnishes statements of conformity to NHTSA, (3) is financially and
technically able to provide notification of and a remedy for a
noncompliance with an FMVSS or a defect related to motor vehicle safety
determined to exist in the vehicles it imports, and (4) is able to
acquire and maintain information on the vehicles that it imports and
the owners of those vehicles so that it can notify the owners if a
safety-related defect or noncompliance is determined to exist in such
vehicles. The application must also contain a statement that the
applicant will abide by the duties of an RI and attest to the
truthfulness and correctness of the information provided in the
application. A brochure containing sample documents that an applicant
may use in applying to become an RI is posted to the agency's website
at <a href="https://www.nhtsa.gov/importing-vehicle/registered-importers#for-importers">https://www.nhtsa.gov/importing-vehicle/registered-importers#for-importers</a>. In 2019, 2020 and 2021 NHTSA received 17, 14, and 18
applications for RI status, respectively, with an average of 16.33
applications submitted each year. Based on these figures, the agency
estimates that it will receive 17 applications for RI status in each of
the next three years.
2. Annual Reporting Requirement for Existing Registered Importers
To maintain registration, each RI must file an annual statement
(NHTSA Form 1482) affirming that all information it has on file with
the agency remains correct and that it continues to comply with the
requirements for being an RI. Formats that existing RIs may use to
renew their registrations are included in a newsletter sent
electronically to each RI before the renewal is due and posted to the
agency's website at <a href="https://www.nhtsa.gov/importing-vehicle/registered-importers#for-importers">https://www.nhtsa.gov/importing-vehicle/registered-importers#for-importers</a>. In 2019, 2020, and 2021 NHTSA received 109,
115, and 111 renewal packages from existing RIs, respectively, with an
average of 111.67 applications submitted each year. Because the number
of renewal packages received has increased over the last three years,
the agency estimates that it will receive 121 renewal packages in each
of the next three years.
3. Notification of Business Change
Under 49 CFR 592.6(l), each RI must ensure that it notifies NHTSA
in writing of any changes that occur in the information which was
submitted in its registration application not later than the 30th
calendar day after the change. An RI submits this notification using
NHTSA Form 1483. In calendar years 2019, 2020, and 2021, NHTSA received
86, 78, and 61 such notifications, respectively, which reflects an
annual average of approximately 75 notifications. NHTSA estimates that
it will receive 75 notifications of RI business changes in each of the
next three years.
4. Recordkeeping Requirements for Registered Importers
NHTSA's regulations, at 49 CFR 592.6(b), require RIs to maintain
and retain certain specified records for each motor vehicle for which
it furnishes a certificate of conformity to NHTSA, for a period of 10
years from the vehicle's date of entry. As described in the
regulations, those records must consist of ``correspondence and other
documents relating to the importation, modification, and substantiation
of certification of conformity to the Administrator.'' The regulations
further specify that the records to be retained must include (1) a copy
of the HS-7 Declaration Form furnished for the vehicle at the time of
importation, (2) all vehicle or equipment purchase or sales orders or
agreements, conformance agreements with importers other than RIs, and
correspondence between the RI and the owner or purchaser of each
vehicle for which the RI furnishes a certificate of conformity to
NHTSA, (3) the last known name and address of the owner or purchaser of
each vehicle for which the RI furnishes a certificate of conformity,
and the vehicle identification number (VIN) of the vehicle, and (4)
records, both photographic and documentary, reflecting the
modifications made by the RI, which were submitted to NHTSA to obtain
release of the conformance bond furnished for the vehicle at the time
of importation.\3\ The latter records are referred to as a ``conformity
package.'' Most conformity packages submitted to the agency covering
vehicles imported from Canada are comprised of approximately six sheets
of paper (including a check-off sheet identifying the vehicle and the
standards that it was originally manufactured to conform to and those
that it was modified to conform to, a statement identifying the recall
history of the vehicle, a copy of the HS-474 conformance bond covering
the vehicle, and a copy of the mandatory service insurance policy
obtained by the RI to cover its recall obligations for the vehicle). In
addition, most conformity packages include photographs of the vehicle,
components that were modified or replaced to conform the vehicle to
applicable standards, and the certification labels affixed to the
vehicle. In 2019, 2020, and 2021 there were 112, 121, and 121 active
RIs, respectively. Based on this information, NHTSA estimates that
there will be 121 active RIs in each of the next three years.
---------------------------------------------------------------------------
\3\ 49 CFR 592.6(b)(1) through (b)(4).
---------------------------------------------------------------------------
5. Information From Vehicle Manufacturers Regarding FMVSS No. 138
Compliance
As explained above, many of the vehicles determined to be eligible
for importation under Box 3 are Canadian-market vehicles. Vehicles that
are certified by its original manufacturer as complying with all
applicable Canadian motor vehicle safety standards are one category
that may be lawfully imported under Box 3, provided the vehicle was
originally manufactured to comply with the U.S. version of any safety
standard for which there is no Canadian counterpart or that differs
from the
[[Page 41867]]
Canadian version of the standard. One standard adopted by the United
States that has not been adopted by Canada is FMVSS No. 138, ``Tire
Pressure Monitoring Systems (TPMS).'' To assist Registered Importers in
selecting vehicles that are eligible for importation, NHTSA publishes
an RI Newsletter that lists Canadian-certified vehicles that were not
originally manufactured to comply with FMVSS No. 138 and are therefore
not eligible for importation into the United States. To aid in
assembling this list, the agency requests information from the 20 major
manufacturers that manufacture vehicles certified to the Canadian motor
vehicle safety standards and offer substantially similar vehicles in
the United States.
Affected Public: With regard to the HS-7 Declaration form, likely
respondents include any private individual or commercial entity
importing into the United States a vehicle or item of motor vehicle
equipment subject to the Federal motor vehicle safety standards. There
are also specific information collection for registered importers.
Estimated Number of Respondents: It is difficult to estimate, with
reliability, the absolute number of respondents; however, that number
would include: (1) the 121 RIs who are currently registered with NHTSA
and import nonconforming vehicles under Boxes 3 and 13; (2) the
estimated 2,600 individuals who will import Canadian-certified vehicles
for personal use under Box 2B in each of the next three years; (3) the
several hundred original manufacturers who import conforming motor
vehicles and equipment items under Box 2A; nonconforming vehicles or
equipment intended for export under Box 4; nonconforming vehicles and
equipment on a temporary basis for purposes of research,
investigations, or other reasons specified under Box 7; vehicles and
equipment requiring further manufacturing operations under Box 9; and
equipment subject to the Theft Prevention Standard under Box 11; (4)
the several hundred dealers, distributors, and individuals who import
off-road vehicles such as dirt bikes and all-terrain vehicles or ATVs,
as well as other vehicles that are not primarily manufactured for on-
road use under Box 8; and the several hundred nonresidents of the
United States and foreign diplomatic and military personnel who
temporarily import nonconforming vehicles for personal use under Boxes
5, 6, and 12. Using current entry information, NHTSA estimates that if
every declaration (covering one or more entries) is submitted by a
unique company or individual, the number of respondents for the HS-7
portion of the collection will be 6,257,145. The following Table
includes estimates of the number of respondents for each of the 12
information collections.
Table 1--Number of Respondents
------------------------------------------------------------------------
Number of
Information collection respondents
------------------------------------------------------------------------
HS-7 Declarations....................................... 6,257,145
Box 2B: Letters Requesting Confirmation from 2,600
Manufacturers..........................................
Box 2B: Confirmation Letters from Manufacturers......... 2,600
HS-474 Forms for Box 3 Declarations..................... 121
Box 8: Request Letters.................................. 10
Box 13: Request Letters................................. 6
RI Applications......................................... 17
RI Renewal.............................................. 121
Conformity Packages..................................... 121
Retention of RI Conformity Packages..................... 121
Import Eligibility Petitions............................ 16
Requests to Manufacturers Regarding Compliances of 20
Canadian-Market Vehicles with FMVSS No. 138............
---------------
Total............................................... 6,262,908
------------------------------------------------------------------------
Frequency: All information collections discussed in this document
are collected on an as-needed basis except for the annual reporting
requirement for Registered Importers.
Estimated Total Annual Burden Hours: To calculate the total burden
hours associated with this information collection request, NHTSA
estimated (1) the total number of declarations that will be filed, the
total number of each type of supplemental document that will be filed
with declarations, the total number of requests that will be made and,
as applicable, responded to obtain documentation needed to import
vehicle and equipment; and (2) the number of submissions for different
collections that are part of the RI program. NHTSA then multiplied the
total number of submissions by the average estimated burden time for
each type of submission.
1. Declarations and Supplemental Documentation To Accompany
Declarations
As stated above, NHTSA estimates the number of entries to be made
with HS-7 declarations in each of the next three years to be 2,200,000
under Box 1; 8,100,000 under Box 2A; 2,600 under Box 2B; 300,120 under
Box 3; 12,000 under Box 4; 220 under Box 5; 40 under Box 6; 10,500
under Box 7; 1,200,000 under Box 8; 90,000 under Box 9; 70 under Box
10; 1,630,000 under Box 11, 130 under Box 12; and 7 under Box 13.
Therefore, NHTSA estimates that there will be a total of 13,845,807
entries made in each of the next three years.
NHTSA estimates that it takes approximately 5 minutes to fill out
each declaration not including any supplemental information. The number
of entries, however, is not equal to the number of declarations filed
because multiple entries can be made using a single declaration form.
This practice is most common for entries of vehicles and equipment
under Box 2A. NHTSA estimates that the overwhelming majority of
vehicles entered under Box 2A are imported by original manufacturers.
These manufacturers do not file a separate HS-7 Declaration form for
each conforming vehicle or item of equipment they import under Box 2A.
Instead, they furnish NHTSA with a single declaration form, on a
monthly basis, to which they attach a list of all vehicles, identified
by make, model, model year, and vehicle identification number (VIN) and
equipment, that were imported under Box 2A during that month. In this
manner, it is not unusual for a single HS-7 Declaration form to be
filed with the agency to cover the entry of many thousands of vehicles.
NHTSA assumes that 90 percent of the vehicles imported and equipment
under Box 2A will be imported in this manner, and that a manufacturer
will, on average, report the entry of 5,000 vehicles or items of
equipment on a single Declaration form. For the estimated 8,100,000
entries that will be made in the next three years, NHTSA estimates that
90% or 7,290,000 will be made by large manufacturers who will submit
one declaration for, on average, 5,000 vehicles or items of equipment.
Therefore, for these 7,290,000 entries, NHTSA estimates that there will
only be 1,458 HS-7 declarations filed 7,290,000 / 5,000). Accordingly,
NHTSA estimates that there will be 811,458 Box 2A declarations filed in
each of the next three years (1,458 + 810,000).
For all other entries, NHTSA estimates that individual declaration
forms will be used, and it will take approximately 5 minutes to
complete each declaration form, not including additional information.
Accordingly, NHTSA estimates that 6,257,145 individual declaration
forms will be filed and the burden with the declarations will be
521,429 hours ((6,257,145 x 5 minutes) / 60 min./hr. = 521,228.75
hrs.). However, some declarations are estimated to take a little
[[Page 41868]]
longer if they require the submission of any supplemental
documentation.
As explained above, in additional to the HS-7 Declaration Form,
importations of some motor vehicles and motor vehicle equipment require
supplementation documentation to be submitted with the HS-7 Form at the
time of entry. The required supplemental documentation includes: copies
of manufacturer's confirmation letters for entries under Box 2B; copies
of contracts with registered importers, as applicable for entries under
Box 3; copies of official orders for entries under Box 6; statements
made by certifying manufacturers or copies of permissions letters from
NHTSA, as applicable for entries under Box 7; substantiating statements
accompanying entries under Box 8; copies of incomplete vehicle
documents for vehicles or a statement from the manufacturer for
equipment imported under Box 9; copies of NHTSA permission letters for
entries under Box 10; copies of official orders for entries under Box
12; and copies of NHTSA permission letters for entries under Box 13.
Although many entries require submission of supplemental documentation,
production of many of these documents is not expected to increase
burden on respondents beyond the burden associated with the declaration
because it merely requires production of documents the importer already
has or NHTSA or another entity has provided the document, such as when
entry must be accompanied by a NHTSA permission letter and the burden
for requesting the document is accounted elsewhere. Of these
supplemental documents, only the following are expected to increase
burden associated with completing the HS-7 Declaration: statements made
by certifying manufacturers for entries under Box 7 and substantiating
statements accompanying entries under Box 8.
NHTSA estimates that in each of the next three years there will be
approximately 10,000 entries under Box 7 for vehicles imported for
research, investigations, demonstrations, or training by manufacturers
of motor vehicles that are certified as complying with all applicable
FMVSS. As explained above, these entries are required to be accompanied
by a statement from the manufacturer. NHTSA estimates that preparation
of this accompanying statement will take no more than 5 minutes.
Therefore, NHTSA estimates the total burden associated with preparing
accompanying statements for Box 7 entries to be 833 hours ((10,000
entries x 5 minutes) / 60 min./hr. = 833.33 hours)).
NHTSA estimates that in each of the next three years there will be
approximately 1,200,000 entries made under Box 8 for vehicles not
originally manufactured for use on public roads and equipment that is
not for use in motor vehicles. Entries under Box 8 must be accompanied
by a statement substantiating that the vehicle was not manufactured
primarily for use on public roads and is not a motor vehicle subject to
the FMVSS or a statement substantiating that the equipment item is not
a system, part, or component of a motor vehicle and therefore not an
item of motor vehicle equipment. NHTSA estimates that preparation of
this accompanying statement will take no more than 5 minutes.
Therefore, NHTSA estimates the total burden associated with preparing
accompanying statements for Box 8 entries to be 100,000 hours
(1,200,000 entries x 5 minutes) / 60 min./hr. = 100,000 hours)).
Accordingly, NHTSA estimates that the total burden associated with
the estimated 6,257,145 HS-7 declarations that will be submitted each
year is approximately 622,262 hours (521,428.75 + 833.33 hours +100,00
hours = 622,262.08 hours).
2. Requests for Manufacturer Confirmation Letters for 2B Entries
As explained above, before certain vehicles or equipment may be
imported into the U.S. the importer must obtain permission from NHTSA
or obtain documentation from the vehicle or equipment's manufacturer.
To account for the burden associated with these requests, NHTSA has
estimated the number of each requests that will be made in each of the
next three years and, as applicable, the burden associated with
responding to those requests. The following are different information
collections associated with obtaining documentation required before
importing vehicles into the U.S.: requests and responses to requests
for manufacturer's confirmation letters for entries under Box 2B;
requests for permission from NHTSA for entries under Box 7; requests
for confirmation from NHTSA that a vehicle qualifies for entry under
Box 8; requests for permission from NHTSA for entries under Box 10; and
requests for permission from NHTSA for entries under Box 13. As
explained above, NHTSA is requesting approval for a new information
collection that will cover requests for permission for entry under Box
7 and 10 and, therefore, those requests will no longer be covered by
this ICR.
As described above, NHTSA estimates that there will be 2,600
entries under Box 2B in each of the next three years. Accordingly,
NHTSA also estimates that importers will send 2,600 requests to
manufacturers for confirmation that the vehicle was certified as
conforming to all applicable Canadian motor vehicle safety standards
and conforms with all applicable U.S. Federal Motor Vehicle Safety,
Bumper, and Theft Prevention Standards (or that it conforms to all such
standards except for the labeling requirements of Standard Nos. 101 and
110 or 120, and/or the specifications of Standard No. 108 relating to
daytime running lamps). NHTSA estimates that submitting such responses,
which include information about the importer and the vehicle, will take
no more than 5 minutes. Therefore, NHTSA estimates the total burden
associated with requesting manufacturer confirmation letters to be
submitted with Box 2B entries will be 217 hours ((2,600 requests x 5
minutes) / 60 min./hr. = 216.66 hours)).
3. Confirmation Letters From Manufacturers for Box 2B Entries
NHTSA also estimates that manufacturers will send 2,600
confirmation letters in response to requests for confirmation that the
vehicle was certified as conforming to all applicable Canadian motor
vehicle safety standards and conforms with all applicable U.S. Federal
Motor Vehicle Safety, Bumper, and Theft Prevention Standards (or that
it conforms to all such standards except for the labeling requirements
of Standard Nos. 101 and 110 or 120, and/or the specifications of
Standard No. 108 relating to daytime running lamps). NHTSA estimates
that responding to such requests will take no more than 10 minutes.
Therefore, NHTSA estimates the total burden associated with requesting
and producing manufacturer confirmation letters to be submitted with
Box 2B entries will 433 hours ((2,600 requests x 10 minutes) / 60 min./
hr. = 433.33 hours)).
4. Box 8 Request Letters
NHTSA estimates that in each of the next three years, NHTSA will
receive approximately 10 requests from importers for letters from NHTSA
confirming that the vehicle they seek to import qualifies under Box 8
as a vehicle that was not manufactured primarily for use on the public
roads. NHTSA estimates that it will take approximately 5 minutes to
fill out the form to request such confirmation from
[[Page 41869]]
NHTSA. Therefore, NHTSA estimates that the burden associated with Box 8
requests will be 1 hour per year. ((10 requests x 5 minutes) / 60 min./
hr. = .83 hours)).
5. HS-474 Forms To Accompany Box 3 Entries
NHTSA estimates that in each of the next three years there will be
approximately 310,120 entries made under Box 3 that will be accompanied
by HS-474 Forms. NHTSA estimates that completion of the HS-474 Form
takes approximately 6 minutes. Therefore, the burden associated with
completion of the forms is estimated to be 30,012 hours per year
(300,120 HS-474 Forms x 6 minutes) / 60 min./hr. = 30,012 hours)).
6. Box 13 Request Letters
NHTSA estimates that in each of the next three years, NHTSA will
receive approximately 6 requests from RIs for permission to import a
vehicle under Box 13 that does not conform to all applicable FMVSS and
Bumper Standards conforms to applicable Federal Theft Prevention
Standards and that RI has petitions or will petition NHTSA for a
determination that the vehicle is eligible for importation. NHTSA
estimates that submitting each request will take approximately 5
minutes and the total burden associated with submitting Box 13 requests
will be 1 hour per year. (6 Requests Letters x 5 minutes) / 60 min./hr.
= .5 hour)).
7. Registered Importer Applications
In order for an entity to gain status as a RI, it must first submit
an application package to NHTSA. NHTSA estimates that it will take up
to ten hours to compile and assemble the material needed to support a
single application. As explained above, NHTSA estimates that it will
receive 17 applications in each of the next three years from entities
seeking to become RIs. Therefore, the agency estimates that 170 hours
will be expended in this activity for each of the next three years (17
applications x 10 hours).
8. Registered Importer Annual Reports
Once an entity becomes a RI, it must submit annual reports to
retain its status as an RI. NHTSA estimates that 121 RIs will submit
the required information each year and estimates that each submission
will take approximately 2 hours. Therefore, NHTSA estimates the total
burden associated with RI renewal reporting to be 242 hours (121
renewals x 2 hours).
9. Registered Importer Notification of Business Change
Each RI must ensure that it notifies NHTSA in writing of any
changes that occur in the information which was submitted in its
registration application not later than the 30th calendar day after the
change. NHTSA estimates that RIs will submit a total of 75 such
notifications in each of the next three years, and that each submission
will take approximately 10 hours. Therefore, NHTSA estimates the total
burden associated with notifications of business changes to be 750
hours (75 applications x 10 hours).
10. Conformity Packages
Once an entity becomes an RI, it may begin importing nonconforming
vehicles under Box 3. For each vehicle imported under Box 3, the RI
must submit a conformity package to NHTSA certifying that the vehicle
has been brought into compliance with all applicable Federal motor
vehicle safety and bumper standards, supported by photographic and
documentary evidence of the modification performed to achieve
conformity. Because the Canadian motor vehicle safety standards are
identical in most respects to the FMVSS, there are relatively few
modifications that need to be performed on a Canadian-certified vehicle
to conform it to the FMVSS and the conformity packages that are
submitted on these vehicles are considerably less comprehensive than
those submitted for vehicles from Europe, Japan, and other foreign
markets. The agency estimates that it would take the average RI no more
than 30 minutes to collect information for, and assemble, a conformity
package for a Canadian-certified vehicle. NHTSA estimates that in each
of the next three years, it will receive conformity packages for
approximately 300,000 Canadian-market vehicles imported under Box 3.
Therefore, NHTSA estimates the burden associated with these conformity
packages to be 150,000 hours (300,000 conformity packages x .5 hours).
Generally, more modifications are needed to conform a non-Canadian
vehicle to the FMVSS. To properly document these modifications, more
information must be included in the conformity package for a non-
Canadian vehicle than is required for a Canadian-certified vehicle. The
agency estimates that it would take an RI approximately twice as long,
or roughly one hour, to compile information for, and assemble, a
conformity package for a typical non-Canadian vehicle. NHTSA estimates
that in each of the next three years, it will receive conformity
packages for approximately 120 vehicles imported under Box 3 that are
not Canadian-market vehicles. Therefore, NHTSA estimates the burden
associated with these conformity packages to be 120 hours (120
conformity packages x 1 hour).
Accordingly, NHTSA estimates the total burden associated with
conformity packages is approximately 150,120 hours (150,000 hours + 120
hours).
11. Retention of Conformity Packages
Beginning in March of 2020, 100% of conformity packages submitted
to the agency have been submitted electronically. The additional burden
imposed by a requirement to store electronic records that were already
required to be prepared electronically is negligible.
12. Eligibility Petitions
RIs that are interested in importing a particular model of vehicle
under Box 3 that is not currently eligible to import may petition NHTSA
for a determination that the vehicle is eligible for importation
because it can be modified to meet the Federal standards. The agency
estimates that it would take the typical RI that petitions the agency
roughly two hours to complete the paperwork associated with the
submission of a petition for a vehicle that has a substantially similar
U.S.-certified counterpart, and roughly twice as long, or four hours,
to complete the paperwork associated with the submission of a petition
for a vehicle that lacks a substantially similar U.S.-certified
counterpart. NHTSA estimates that in each of the next three years it
will receive 13 import eligibility petitions for vehicles that have a
substantially similar U.S.-certified counterpart and 3 petitions for
vehicles that do not have a substantially similar U.S.-certified
counterpart. Therefore, NHTSA estimates the burden associated with
these petitions to be 38 hours, consisting of 26 hours (13 petitions x
2 hours) and 12 hours (3 petitions x 4 hours) for vehicles with a
substantially similar counterpart and for those without, respectively.
13. Requests to Manufacturers Regarding Compliance With FMVSS No. 138
As explained above, to assist Registered Importers in selecting
vehicles that are eligible for importation, NHTSA requests information
from the 20 major manufacturers that manufacture vehicles certified to
the Canadian motor vehicle safety standards and offer
[[Page 41870]]
substantially similar vehicles in the United States about compliance
with FMVSS No. 138. These manufacturers are asked to identify, by model
and model year, such vehicles that were not originally manufactured
with a TPMS that met FMVSS No. 138, or for which a FMVSS No. 138-
compliant TPMS was only available as optional equipment. NHTSA
estimates that it takes each of these manufacturers two hours to
prepare the requested list, resulting in an annual expenditure for the
entire industry of 40 hours to comply with the agency's requests.
Labor Costs
NHTSA estimates the annual labor cost associated with the burden
hours for the collections using an appropriate average hourly labor
rate for clerical personnel, primarily licensed customs brokers, who
will be filing the HS-7 Declaration and related documentation and
accounting for non-wage compensation. NHTSA calculated a loaded hourly
labor cost by (1) using the average hourly wage of $38.10 for
``Business Operations Specialists, All Other,'' Occupation Code 13-
1199, published by the Bureau of Labor Statistics,\4\ (2) dividing by
0.704 (70.4%) to obtain the total compensation rate for private
industry workers,\5\ and (3) multiplying by the estimated labor hours.
Therefore, the hourly burden cost associated with the burden hours is
estimated to be $54.10 and the total labor cost associated with the
798,534 hours is $43,216,664.59. The estimated burden hours and
associated labor costs are shown in Table 2 below.
---------------------------------------------------------------------------
\4\ May 2021 National Occupational Employment and Wage
Estimates, United States. Business Operations Specialists, All
Other, Occupation Code 13-1199. <a href="https://www.bls.gov/oes/2021/may/oes_nat.htm">https://www.bls.gov/oes/2021/may/oes_nat.htm</a>. Accessed May 6, 2022.
\5\ See Table 1 at <a href="https://www.bls.gov/news.release/archives/ecec_06172021.pdf">https://www.bls.gov/news.release/archives/ecec_06172021.pdf</a>. Accessed May 6, 2020.
Table 2--Estimated Labor Hours and Associated Labor Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total labor
Information collection Number of responses Average burden per Hourly labor cost per Total labor cost Total burden
(number of respondents) response cost response hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
HS-7 Declaration.................. 6,257,145 (6,257,145) 5.97 minutes......... $54.12 $5.38 $33,676,824.00 622,262
Requests for Manufacturer 2,600 (2,600) 5 minutes............ 54.12 4.52 11,744.04 217
Confirmation Letters for Box 2B
Entries.
Confirmation Letters from 2,600 (2,600) 10 minutes........... 54.12 9.01 23,433.96 433
Manufacturers for Box 2B Entries.
Box 8 Request Letters............. 10 (10) 5 minutes............ 54.12 5.41 54.12 1
HS-474 Forms...................... 300,120 (121) 5 minutes............ 54.12 4.51 1,353,541.20 25,010
Box 13 Request Letters............ 6 (6) 5 minutes............ 54.12 9.02 54.12 1
Registered Importer Applications.. 17 (17) 10 hours............. 54.12 541.20 9,200.40 170
Registered Importer Annual Reports 121 (121) 2 hours.............. 54.12 108.24 13,097.04 242
Registered Importer Notification 75 (121) 10 hours............. 54.12 541.20 40,590 750
of Business Changes.
RI Conformity Packages............ 300,120 (121) 30 minutes........... 54.12 27.07 8,124,494.40 150,120
Retention of RI Conformity 121 (121) 0 minutes............ 0.00 0.00 0.00 0
Packages.
RI Eligibility Petitions.......... 16 (16) 2.38 hours........... 54.12 128.48 2,056.56 38
Requests to Manufacturers 20 (20) 2 hours.............. 54.12 108.25 2,164.80 40
Regarding FMVSS No. 138.
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Total......................... ......................... ..................... .............. .............. 43,257,254.64 799,284
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Total Annual Burden Cost: Other than the cost of the
burden hours, the only additional costs associated with this
information collection are the annual cost to the industry for the
storage of records pertaining to the nonconforming vehicles that each
RI imports into the United States. RIs are required under 49 CFR
592.6(b) to maintain and retain certain specified records for each
motor vehicle for which it furnishes a certificate of conformity to
NHTSA, for a period of 10 years from the vehicle's date of entry. As
described in the regulations, those records must consist of
``correspondence and other documents relating to the importation,
modification, and substantiation of certification of conformity to the
Administrator.'' The regulations further specify that the records to be
retained must include (1) a copy of the HS-7 Declaration Form furnished
for the vehicle at the time of importation, (2) all vehicle or
equipment purchase or sales orders or agreements, conformance
agreements with importers other than RIs, and correspondence between
the RI and the owner or purchaser of each vehicle for which the RI
furnishes a certificate of conformity to NHTSA, (3) the last known name
and address of the owner or purchaser of each vehicle for which the RI
furnishes a certificate of conformity, and the vehicle identification
number (VIN) of the vehicle, and (4) records, both photographic and
documentary, reflecting the modifications made by the RI, which were
submitted to NHTSA to obtain release of the conformance bond furnished
for the vehicle at the time of importation. See 49 CFR 592.6(b)(1)
through (b)(4). The latter records are referred to as a ``conformity
package.'' Most conformity packages submitted to the agency covering
vehicles imported from Canada are comprised of approximately six sheets
of paper (including a check-off sheet identifying the vehicle and the
standards that it was
[[Page 41871]]
originally manufactured to conform to and those that it was modified to
conform to, a statement identifying the recall history of the vehicle,
a copy of the HS-474 conformance bond covering the vehicle, and a copy
of the mandatory service insurance policy obtained by the RI to cover
its recall obligations for the vehicle). In addition, most conformity
packages include photographs of the vehicle, components that were
modified or replaced to conform the vehicle to applicable standards,
and the certification labels affixed to the vehicle. Because these
records are prepared and submitted electronically, and ultimately
stored electronically, there is no additional burden attributable to
the recordkeeping requirement.
Public Comments Invited: You are asked to comment on any aspects of
this information collection, including (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; (b) the accuracy of the Department's estimate
of the burden of the proposed information collection; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended; 49 CFR 1.49; and DOT Order 1351.29A.
Issued on July 8, 2022.
Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-14938 Filed 7-12-22; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on July 13, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.