Agency Information Collection Activities; Proposals, Submissions, and Approvals

Raymond R. Posten
National Highway Traffic Safety Administration
22 August 2018

[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Notices]
[Pages 42554-42555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18052]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0057]


Agency Information Collection Activities; Proposals, Submissions, 
and Approvals

AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S. 
Department of Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this 
notice announces that the Information Collection Request (ICR) below is 
being forwarded to the Office of Management and Budget (OMB) for review 
and comments. A Federal Register Notice with a 60-day comment period 
soliciting comments on the following information collection was 
published on April 16, 2018. The agency received one relevant comment.

DATES: Comments must be submitted on or before September 21, 2018.

ADDRESSES: Send comments regarding the burden estimate, including 
suggestions for reducing the burden, to the Office of Management and 
Budget, Attention: Desk Officer for the Office of the Secretary of 
Transportation, 725 17th Street NW, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Mazurowski, Office of 
Crashworthiness Standards, NRM-130, 202-366-1012, National Highway 
Traffic Safety Administration, Room W43-445, Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. Please 
identify the relevant collection of information by referring to its OMB 
Control Number.

SUPPLEMENTARY INFORMATION: Before a Federal agency can collect certain 
information from the public, it must receive approval from the OMB. In 
compliance with those requirements, this notice announces that the 
following information collection request has been forwarded to OMB.
    Federal Motor Vehicle Safety Standard (FMVSS) No. 218, ``Motorcycle 
helmets,'' requires that each helmet shall be labeled permanently and 
legibly in a manner such that the label(s) can be read easily without 
removing padding or any other permanent part. This collection pertains 
to the labeling requirements in FMVSS No. 218.
    NHTSA published a Federal Register notice requesting public comment 
on

[[Page 42555]]

this information collection.\1\ In response, the agency received three 
comments, only one of which was relevant to this collection.\2\
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    \1\ 83 FR 16431 (April 16, 2018).
    \2\ www.regulations.gov. Docket Number: NHTSA-2018-0051.
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    The Governors Highway Safety Association (GHSA) expressed its 
support for strong motorcycle helmet labeling requirements, and 
submitted information about motorcycle safety. GHSA commented that this 
information collection was ``atypical'' in their view. GHSA explained 
that typically ICRs involved the collection or submission of 
information directly to the agency and that while NHTSA spot checks the 
performance of motorcycle helmets through a compliance program, the 
content of the label is more for the benefit of consumers and law 
enforcement.
    GHSA is correct that a common type of information collection under 
the Paperwork Reduction Act (PRA) occurs when an agency directly 
collects information from the public. However, a collection of 
information, as defined by the PRA, means ``the obtaining, causing to 
be obtained, soliciting, or requiring the disclosure to third parties 
or the public, of facts or opinions by or for an agency, regardless of 
form or format . . .'' \3\ This labeling requirement imposes a 
disclosure (label) to the public, and is therefore covered by the PRA. 
NHTSA has sought and received PRA clearance for FMVSS No. 218 dating 
back to 1984.\4\ Therefore, NHTSA believes no changes are necessary in 
response to comments.
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    \3\ 44 U.S.C. 3502(3).
    \4\ See: https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=2127-0518 (last accessed June 22, 
2018).
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    The following describes the collection of information for which 
NHTSA intends to seek OMB approval. It is titled ``Motorcycle Helmets 
(Labeling),'' OMB Control Number: 2127-0518. NHTSA's existing 
collection for FMVSS No. 218 expired during the 60 day notice comment 
period, therefore the agency has amended the type of request to be a 
reinstatement of a previously approved collection.
    Title: Motorcycle Helmets (Labeling).
    OMB Control Number: 2127-0518.
    Type of Request: Reinstatement without change of previously 
approved collection of information.
    Abstract: The National Traffic and Motor Vehicle Safety Act, now 
codified at 49 U.S.C. 30111, authorizes the issuance of FMVSS. 
Moreover, under 49 U.S.C. 30117, the Secretary is also authorized to 
require manufacturers to provide information to first purchasers of 
motor vehicles or motor vehicle equipment when the vehicle equipment is 
purchased, in the form of printed matter placed in the vehicle or 
attached to the motor vehicle or motor vehicle equipment. The Secretary 
is authorized to issue, amend, and revoke such rules and regulations as 
he/she deems necessary.
    Using this authority, the agency issued the initial FMVSS No. 218 
in 1974. Motorcycle helmets are devices used to protect motorcyclists 
from head injury in motor vehicle crashes. FMVSS No. 218 S5.6 requires 
that each helmet shall be labeled permanently and legibly in a manner 
such that the label(s) can be read easily without removing padding or 
any other permanent part.
    Affected Public: Motorcycle helmet manufacturers.
    Estimated Number of Respondents: 45.
    Frequency: Every certified helmet produced.
    Number of Responses: 3,250,000.
    Estimated Total Annual Burden Hours: 9,100.
    Estimated Total Annual Burden Cost: $1,300,000 ($1.3 million).
    The 45 respondents (helmet manufacturers) produce a total of 
3,250,000 annual responses. A manufacturer spends approximately 0.0028 
hours per response. The estimated annual number of burden hours for 
helmet manufacturers is 9,100 burden hours per year (3,250,000 x 0.028 
hours). Using a total labeling cost of $0.40, the estimated total 
annual burden cost is $1,300,000 (3,250,000 x $0.40).
    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; and Delegation of Authority at 49 CFR 1.95 and 501.8.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2018-18052 Filed 8-21-18; 8:45 am]
 BILLING CODE 4910-59-P