Reports, Forms, and Recordkeeping Requirements

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 97-056; Notice 1]

Reports, Forms, and Recordkeeping Requirements

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

ACTION: Request for public comment on proposed collections of

information.

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SUMMARY: Before a Federal agency can collect certain information from

the public, it must receive approval from the Office of Management and

Budget (OMB). Under new 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.

This document describes four collections of information for which

NHTSA intends to seek OMB approval. DATES: Comments must be received on

or before December 19, 1997.

ADDRESSES: Comments must refer to the docket and notice numbers cited

at the beginning of this notice and be submitted to Docket Section,

Room 5109, NHTSA, 400 Seventh St. S.W., Washington, D.C. 20590. Please

identify the proposed collection of information for which a comment is

provided, by referencing its OMB Clearance Number. It is requested, but

not required, that 1 original plus 2 copies of the comments be

provided. The Docket Section is open on weekdays from 9:30 a.m. to 4

p.m.

FOR FURTHER INFORMATION CONTACT: Complete copies of each request for

collection of information may be obtained at no charge from Mr. Ed

Kosek, NHTSA Information Collection Clearance Officer, NHTSA, 400

Seventh Street, S.W., Room 6123, Washington, D.C. 20590. Mr. Kosek's

telephone number is (202) 366-2589. Please identify the relevant

collection of information by referring to its OMB Clearance Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,

before an agency submits a proposed collection of information to OMB

for approval, it must 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 regulations (at 5 CFR

1320.8(d)), an agency must ask for public comment on the following:

(i) 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;

(ii) 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;

(iii) How to enhance the quality, utility, and clarity of the

information to be collected; and

(iv) 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 public comment on

the following four proposed collections of information.

Labeling of Retroreflective Materials for Heavy Trailer Conspicuity, 49

CFR 571.108

Type of Request--Reinstatement of clearance.

OMB Clearance Number--2127-0569.

Form Number--This collection of information uses no standard forms.

Requested Expiration Date of Approval--Three years from date of

approval.

Summary of the Collection of Information--The permanent marking of

the letters ``DOT-C2'', ``DOT-C3'' or ``DOT-C4'' at least 3mm high at

regular intervals on retroreflective sheeting material is the

information collection.

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

Information--Federal Motor Vehicle Safety Standard No. 108, ``Lamps,

Reflective Devices, and Associated Equipment,'' specifies requirements

for vehicle lighting for the purposes of reducing traffic accidents and

their tragic results by providing adequate roadway illumination,

improved vehicle conspicuity, appropriate information transmission

through signal lamps, in both day, night, and other conditions of

reduced visibility. For certification and identification purposes, the

Standard requires the permanent marking of the letters ``DOT-C2'',

``DOT-C3'' or ``DOT-C4'' at least 3mm high at regular intervals on

retroreflective sheeting material having adequate performance to

provide effective trailer conspicuity.

The manufacturers of new tractors and trailers are required to

certify that their products are equipped with retroreflective material

complying with the requirements of the standard. The Federal Highway

Administration Office of Motor Carrier Safety enforces this and other

standards through roadside inspections of trucks. There is no practical

field test for the performance requirements, and labeling is the only

objective way of distinguishing trailer conspicuity grade material from

lower performance material. Without labeling, FHWA will not be able to

enforce the performance requirements of the standard, and the

compliance testing of new tractors and trailers will be complicated.

Labeling is also important to small trailer manufacturers because it

may help them to certify compliance. Because wider stripes of material

of lower brightness also can provide the minimum safety performance,

the marking system serves the additional role of identifying the

minimum stripe width required for the retroreflective brightness of the

particular material. Since the differences between the brightness

grades of suitable retroreflective conspicuity material is not obvious

from inspection, the marking system is necessary for tractor and

trailer manufacturers and repair shops to assure compliance and for

FHWA to inspect tractors and trailers in use.

Permanent labeling is used to identify retroreflective material

having the

[[Page 54500]]

minimum properties required for effective conspicuity of trailers at

night. The information enables the FHWA to make compliance inspections,

and it aids tractor and trailer owners and repair shops in choosing the

correct repair materials for damaged tractors and trailers. It also

aids small trailer manufacturers in certifying compliance of their

products. The FHWA will not be able to determine whether trailers are

properly equipped during roadside inspections without labeling. The use

of cheaper and more common reflective materials, which are ineffective

for the application, would be expected in repairs without the labeling

requirement.

Description of the Likely Respondents (Including Estimated Number,

and Proposed Frequency of Response to the Collection of Information)--

The respondents are likely to be manufacturers of the conspicuity

material. The agency is aware of at least three. Based on the estimated

number of feet of conspicuity material for a year's installation on new

tractors and trailers, the number of imprints of the information is

estimated to be 10 million.

Estimate of the Total Annual Reporting and Recordkeeping Burden

Resulting from the Collection of Information--The cost to manufacturers

of extending the label requirement is the maintenance and amortization

of printing rollers and the additional dye or ink consumed. The labels

are to be placed at intervals of about 18 inches on rolls of

retroreflective conspicuity tape. The labels are printed during the

normal course of steady flow manufacturing operations without a direct

time penalty.

Two methods of printing the label are in use. One method uses the

same roller that applies the dye to the red segments of the material

pattern. The roller is resurfaced annually using a computerized etching

technique. The ``DOT-C2'' label was incorporated in the software to

drive the roller resurfacing in 1993, and there is no additional cost

to continue the printing of the label. In fact, costs would be incurred

to discontinue the label.

The second method uses a separate roller to apply the label. The

manufacturer using this technique reports that these rollers have been

in service for 5 years without detectable wear and predicts a service

life of at least fifteen years. Four rollers costing about $2,500 each

are used. A straight line depreciation of the rollers over 15 years

equals $667 per year. With an annual allowance for $333 for additional

dye, the annual total industry cost of maintaining the ``DOT-C2'' label

is about $1,000.

Labeling of Warning Devices, 49 CFR 571.125

Type of Request--Reinstatement of clearance.

OMB Clearance Number--2127-0506.

Form Number--This collection of information uses no standard forms.

Requested Expiration Date of Approval--Three years from date of

approval.

Summary of the Collection of Information--Federal Motor Vehicle

Safety Standard No. 125, ``Warning Devices'' applies to triangular

highway warning devices, without self contained energy sources, that

are designed for large motor vehicles in interstate commerce and be

placed on the roadway forward and rearward of vehicles to warn

approaching traffic of the presence of a stopped vehicle. The Standard

requires that each manufacturer of warning triangles must label each

device. Without proper deployment and use, the effectiveness of the

devices may be greatly diminished, and may lead to serious injuries due

to rear end collisions between moving traffic and disabled vehicles.

The warning device shall be permanently and legibly marked and also

provide instructions for its erection and display. Each device shall be

labeled with: (a) The name of the manufacturer, (b) the month and year

of manufacture, (c) the DOT symbol, or the statement that the warning

device complies with all applicable FMVSS. The instructions for each

device shall include a recommendation that the driver activate the

vehicular hazard warning signal lamps before leaving the vehicle to

erect the warning device. Also, the instructions shall include an

illustration indicating recommended positioning.

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

Information--The purpose of the certification symbol is to assure

consumers that the devices are of the level of performance required by

federal law. Additionally, each motor vehicle in interstate commerce is

required to be equipped with such warning devices that comply with the

requirements of the standard. The Federal Highway Administration Office

of Motor Carrier Safety enforces this and other standards through

roadside inspections of trucks. There is no practical field test for

the performance requirements, and labeling is the only objective way of

distinguishing complying warning devices from look-alike products that

do not comply. Without labeling, FHWA will not be able to enforce their

requirement.

The purpose of the requirement for instructions is to provide

information so that the motoring public can erect and position the

warning device so that the warning device is positioned to alert the

oncoming traffic of a disabled vehicle and prevent rear end collisions.

Description of the Likely Respondents (Including Estimated Number,

and Proposed Frequency of Response to the Collection of Information)--

There are three manufacturers labeling approximately 2.85 million

warning devices (triangles) per year.

Estimate of the Total Annual Reporting and Recordkeeping Burden

Resulting from the Collection of Information--There are three

manufacturers labeling approximately 2.85 million warning devices

(triangles) per year for the last few years. The tooling would be

replaced after about 20 years of service being used to make about 200K

devices per year. The machining each mold that would be replaced is

about 8 hours at a cost of $37.50 per hour, or a cost of $300. Assuming

that this past years production level of 2.85M devices per year were

built each year for the last twenty years (an over-estimate that

ignores the long steady growth of the market), the total number of

devices manufactured would be 57M. The tooling needs to be replaced

every 4M uses; the total number of tools used in the last 20 years is

14.25. The machining for the labeling in each tool would be 14.25 times

8 hours divided by 57M, or 0.000002 hour per device. Thus the current

annual cost for the 2.85 M devices manufactured is 5.7 hours x $37.50

= $213.75 .

Collection of Replaceable Headlamp Light Source Information: 49 CFR

Part 564

Type of Request--Renewal of clearance.

OMB Clearance Number--2127-0563.

Form Number--This collection of information uses no standard forms.

Requested Expiration Date of Approval--Three years from date of

approval.

Summary of the Collection of Information--The information to be

collected is in response to 49 CFR Part 564; Replaceable Light Source

Dimensional Information. Persons desiring to use newly designed

replaceable headlamp light sources are required to submit

interchangeability and performance specifications to the agency. After

a short agency review to assure completeness, the information is placed

in a public docket for use by any

[[Page 54501]]

person who would desire to manufacture headlamp light sources for

highway motor vehicles. In Federal Motor Vehicle Safety Standard No.

108, ``Lamps, reflective devices and associated equipment,'' Part 564

submissions are referenced as being the source of information regarding

the performance and interchangeability information for legal headlamp

light sources, whether original equipment or replacement equipment.

Thus, the submitted information about headlamp light sources becomes

the basis for certification of compliance with safety standards.

Description of the need for the information and proposed use of the

information--The information is to be placed in a public docket for the

use by vehicle, headlamp and headlamp light source manufacturers for

determining the interchangeability aspects of headlamp light sources

for manufacturing purposes and for the design and manufacture of

headlamps. In order for replacement light sources to be designated as

acceptable replacements, the replacement light sources also are

required to comply with the dimensional and performance information in

the docket for its type. The Federal program for reducing highway

fatalities, injuries and accidents would likely be adversely affected

if the information was not collected, because the bulbs would, in fact,

not be standardized for performance and interchangeability. If the

interchangeability information were not available to manufacturers who

normally provide original equipment and aftermarket parts, replacements

could become significantly more costly to replace upon burnout, and

ready availability would also likely diminish because the replacements

would be available from only the vehicle's manufacturer or its dealer.

As a potential adverse safety consequence, more and more vehicles would

likely be on the highways at night with headlamps having one or more

failed bulbs because of the higher expense and lower availability, and

therefore reduce the roadway illumination and increase the risk of

accident. In the event that the information collection were not

reapproved, it is likely that the agency would have to reinstate

headlamp light source information as part of the federal lighting

standard and thus any new light source designs could be used only after

a lengthy and costly rulemaking instead of this simple review and

reference procedure.

Description of the Likely Respondents (Including Estimated Number,

and Proposed Frequency of Response to the Collection of Information--

For the burdened parties, only those which develop a new or modified

headlamp light source or other additional interchange information will

have to submit information. Based on the last three years of Part 564

data collection, thirteen submissions have been received from seven

manufacturers; three for new light sources, four for modification of

existing information, and six for additional information to existing

light sources.

Estimate of the Total Annual Reporting and Recordkeeping Burden

Resulting from the Collection of Information--The average estimated

cost of the information submissions is estimated to be 4.2 hours per

submission at $100 per hour for a cost of $420 each, thus at a rate of

13/3 submissions per year, the average annual cost is $1820 and the

average annual hour burden is 18.2 hours.

Labeling of Motor Vehicle Brake Fluid Containers, 49 CFR 571.116

Type of Request--Reinstatement of clearance.

OMB Clearance Number--2127-0521.

Form Number--This collection of information uses no standard forms.

Requested Expiration Date of Approval--Three years from date of

approval.

Summary of the Collection of Information--Federal Motor Vehicle

Safety Standard No. 116, ``Motor Vehicle Brake Fluids,'' specifies

performance and design requirements for motor vehicle brake fluids and

hydraulic system mineral oils. Section 5.2.2 specifies labeling

requirements for manufacturers and packagers of brake fluids as well as

packagers of hydraulic system mineral oils. The information on the

label of a container of motor vehicle brake fluid or hydraulic system

mineral oil is necessary to insure the following: the contents of the

container are clearly stated; these fluids are used for their intended

purpose only; and, the containers are properly disposed of when empty.

Improper use or storage of these fluids could have dire crash safety

consequences for the operators of vehicles or equipment in which they

are used.

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

Information--This labeling information is used by motor vehicle owners,

operators, and vehicle service facilities to aid in the proper

selection of brake fluids and hydraulic system mineral oils for use in

motor vehicles and hydraulic equipment, to assure the continued safety

of motor vehicle braking and hydraulic systems, respectively. The

information required on the label of brake fluid and hydraulic mineral

oil containers identifies performance capabilities of the fluid. The

safety warnings required on brake fluid and hydraulic system mineral

oil containers are provided to prevent improper use, storage, etc.

which might result in motor vehicle brake failure and the failure of

equipment utilizing hydraulic system mineral oil.

Properties of these fluids and their use necessitate the package

labeling information specified in this standard. Brake fluid and

hydraulic system mineral oil must be free of contaminants in order to

perform as intended; therefore, the labeling instructions warn against

storing in unsealed containers or mixing these fluids with other

products. Also, avoiding the absorption of moisture is extremely

important since moisture in a brake system degrades braking performance

and safety by lowering brake fluid's boiling point, increasing the

fluid's viscosity at low atmospheric temperatures and increasing the

risk of brake system component corrosion. Lower boiling points increase

the risk of brake system failure and increase the possibility of vapor

lock. The safety warnings also alert users of brake fluids sold in

containers with capacities less than five gallons that the containers

should not be refilled or reused for other purposes.

If the labeling requirements were not mandatory, improving safety

on the nation's highways would be more difficult to accomplish. Proper

vehicle brake performance is crucial to the safety of motor vehicle

occupants, and the information on fluid containers is necessary to aid

in reducing brake system failures resulting from the use of improper or

contaminated fluid. The labeling on fluid containers also helps to

ensure that only fluid that complies with federal requirements is sold,

and this also facilitates agency enforcement efforts by identifying the

fluid packager or manufacturer.

Description of the Likely Respondents (Including Estimated Number,

and Proposed Frequency of Response to the Collection of Information)--

There are an estimated 200 respondents, mainly those manufacturers

involved with the production of motor vehicle brake and hydraulic

fluids. A label is required on each container of fluid sold.

Estimate of the Total Annual Reporting and Recordkeeping Burden

Resulting from the Collection of Information--The cost of manufacturing

and affixing the labels will vary greatly for various manufacturers.

The majority of the labels will be manufactured and affixed in an

automated fashion by

[[Page 54502]]

major manufacturers involving low material or labor costs. However, for

small manufacturers, the costs in terms of labor, and to a lesser

extent, material will be somewhat greater. Labels are a standard part

of fluid containers, even in the absence of a federal requirement for

adding information to the containers. Thus, the added information

required by the Standard would be added to the label already existing

on the container. Thus the only cost is for adding the required

information to an existing label. Typically such labels are silk-

screened onto a label material. Thus, the added information to a label

would be some small part of the total cost of the silk-screen process

used for the production of the label.

The cost estimate for the total annualized costs to the respondent

for the incremental aspect of adding this information to the printing

cost of an existing label may be derived as follows:

(1) Estimate of the number of respondents--200

(2) Estimate of the number of different types of labels per

respondent--24

(3) Technical burden-hours required to design the layout of a label

that includes the incrementally added information--8

(4) Number of hours of label design for all respondents--38,400

(5) Average annual label design hours assuming a 5 year label redesign

cycle--7,680

(6) Annual label design cost assuming $37.50 hourly wage--$288,000

(7) Annual cost of incrementally added ink for label production (@ $400

per respondent)--$80,000

(8) Total annual cost of added information on label (#6+#7)--$368,000

Authority: 44 U.S.C. 3506(c); delegation of authority at 49 CFR

1.50.

Dated: October 14, 1997.

Stephen R. Kratzke,

Acting Associate Administrator for Safety Performance Standards.

[FR Doc. 97-27716 Filed 10-17-97; 8:45 am]

.................... BILLING CODE 4910-59-P