[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Notices]
[Pages 54499-54502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27716]


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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