18 SS Appendix A -1

SUPPORTING STATEMENT FOR
JUSTIFICATION OF PHASE-IN PRODUCTION REPORTING REQUIREMENTS FOR
ADVANCED AIR BAG CERTIFICATION USING APPENDIX A-1
49 CFR PART 571.208, OCCUPANT CRASH PROTECTION
OMB Control Number 2127-NEW

A.

JUSTIFICATION

1.

Explain the circumstances that make the collection of information necessary. Attach a
copy of the appropriate section of each statute and regulation mandating or authorizing
the collection of information.

49 U.S.C. 30111, 30112 and 30117 of the National Traffic and Motor Vehicle Safety Act of
1966 (Appendix A) specify that the Secretary of Transportation shall prescribe Federal Motor
Vehicle Safety Standards (FMVSSs), and that each safety standard shall be practicable, meet the
safety need for motor vehicle safety, and be stated in objective terms. The Secretary is
authorized to issue, amend and revoke such rules and regulations as she/he deems necessary to
carry out these sub-chapters. The Secretary is also authorized to require manufacturers to
provide information to first purchasers of motor vehicle equipment when the vehicle or
equipment is purchased, in a printed matter placed in the vehicle or attached to or accompanying
the equipment.
The National Highway Traffic Safety Administration (NHTSA), in prescribing a FMVSS, is to
consider available relevant motor vehicle safety data, consult with appropriate agencies, and
obtain safety comments from the responsible agencies, States, safety commissions, public and
other related parties. Further, the Act mandates that in issuing any FMVSS, the agency
considers whether the standard is "reasonable, practicable and appropriate for the particular type
of motor vehicle or item of motor vehicle equipment for which it is prescribed," and whether
such standards will contribute to carrying out the purpose of the Act.
Using this authority, NHTSA issued the original FMVSS No. 208, “Occupant crash protection,”
in 1967 for passenger cars. On May 12, 2000, NHTSA published a final rule requiring
manufacturers to install advanced air bags that reduce the likelihood of injury or fatality in a
crash. The issuance of this rule fulfilled the requirements of the Transportation Equity Act for
the 21st Century (TEA 21), which was enacted by Congress in 1998.
On November 12, 2008, NHTSA published a final rule to phase-in the FMVSS No. 208
certification of vehicles with the newly incorporated Appendix A-1. The final rule provides a
phase-in of the requirements for testing with the child restraint system in Appendix A-1. The
purpose of the reporting requirements will be to aid NHTSA in determining whether a
manufacturer has complied with the phase-in requirements during the phase-in period.

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In addition, this collection supports the Department of Transportation’s strategic goal in
customer service.
2.

Indicate how, by whom, and for what purpose the information is to be used. Indicate the
actual use the agency has made of the information received from the current collection.

The required information will be submitted to NHTSA by an estimated 22 vehicle
manufacturers. The reporting requirements provide a procedure whereby NHTSA may acquire
the information needed to determine the extent to which manufacturers are complying with the
stated goals. If these reports are not provided, NHTSA will not be able to determine whether
vehicle manufacturers are complying with the phase-in requirements.
For each report, the manufacturer will provide, in addition to the identity, address, etc., several
numerical items of information. The information should include, but is not be limited to, the
following items:
a.

b.

The number of vehicles manufactured in the current production year, or, at the
manufacturer’s option, in each of the three previous production years. A new
manufacturer that is, for the first time, manufacturing passenger cars for sale in
the United States must report the number of passenger cars manufactured during
the current production year; and
The number of vehicles that meet the requirements of FMVSS No. 208 when
using the child restraint systems specified in Appendix A-1 of that standard.

At NHTSA, the Office of Vehicle Safety Compliance will receive, review, and evaluate the
information in the required reports. These reports will be submitted to the Technical Information
Services at NHTSA for public information.
3.

Describe whether the collection of information involves the use of technological
collection techniques or other forms of information technology.

This standard requires that manufacturers report the percent of their annual production
complying with the requirements of the phase-in, and that manufacturers maintain records
related to the report. This standard does not impose any obstacles to using improved information
technology to prepare these reports. Thus, a manufacturer may use a computer, word processor,
etc. to prepare the report. To increase the use of information technology, the agency encourages
this information to be submitted on computer software applications, that are compatible with the
agency’s, for review and analysis.
4.

Describe efforts to identify duplication. Show specifically why any similar information
cannot be used.

NHTSA is the only Federal government agency issuing FMVSSs and requiring motor vehicle
manufacturers to comply with FMVSS No. 208. No duplication of the reporting system exists.

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The required information is pertinent to a new regulatory requirement that did not exist before
2009 and is not related to other standards issued by NHTSA. It is not possible to use or modify
for use the existing information for other standards.
5.

If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.

This regulation applies to 22 vehicle manufacturers:
American Honda
BMW
Chrysler Group
Daewoo
Daimler AG
Fiat Motors of America
Ford Motor Company
General Motors Corporation
Hyundai
Isuzu Motors of America
Kia

Lotus
Mazda Motor Corporation
Mitsubishi
Nissan Motor Corporation
Porsche
Rover
Subaru
Suzuki
Toyota
Volkswagen of America
Volvo

NHTSA believes that none of the manufacturers fall within the "small business" category. In
general, small firms who produce one or two vehicle models per year would not choose a phasein plan and, therefore, they are not required to file an annual production report. Small firms who
choose a phase-in plan are required to file an annual production report. It is expected that the
annual production of small firms would be relatively low. A proportionate reduction in paper
work can be expected for small firms.
6.

Describe the consequences to Federal program or policy activities if the collection is not
conducted or is conducted less frequently.

This option would make the compliance enforcement impossible. NHTSA would not be able to
determine whether a manufacturer is meeting the stipulated phase-in production requirements.
This could have grave consequences in terms of providing the required protection to child
occupants.
7.

Explain any special circumstances that require the collection to be conducted in a manner
inconsistent with the guidelines set forth in 5 CFR 1320.6.

The information collection is consistent with the guidelines set forth in 5 CFR 1320.6. However,
all respondents are required to retain their vehicle production records and the records of the
Vehicle Identification Number for each vehicle for which information is reported under §585.36
until December 31, 2013, for verification purposes.
8.

Provide a copy of the Federal Register document soliciting comments on extending the
collection of information, a summary of public comments responding to the notice, and a

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description of the agency’s actions in response to the comments. Described efforts to
consult with persons outside the agency to obtain their views.
On November 18, 2008, NHTSA published in the Federal Register a notice (73 FR 68495; copy
provided) soliciting comments on the proposed collection of information. NHTSA did not
receive any comments in response to the notice.
9.

Explain any decision to provide any payment or gift to respondents, other than
remuneration of contractors or grantees.

NHTSA does not provide any payment or gift to respondents.
10.

Describe any assurance of confidentiality provided to respondents.

If a respondent claims that its report contains confidential business information, NHTSA will
consider that claim under 49 CFR Part 512, Confidential Business Information.
11.

Provide additional justification for any questions on matters that are commonly
considered private.

The information provided is not of a private nature. Therefore, no justification is necessary.
12.

Provide estimates of the hour burden of the collection of information on the respondents.

The annual burden for the two reporting periods of one-year duration, for a total of two years, is
estimated to be the same, and involves the tasks of collection the information required by the
annual reports as well as placing the information in a form suitable for record keeping and data
retrieval. Since almost all of the information required is already recorded by the manufacturers
as part of their production control and tracking systems, a nominal assessment of one burden
hour per respondent is estimated for data retrieval and report preparation. Based on this
estimate, the total annual burden for manufacturers would be:
Number of respondents
Number of annual responses
Total annual responses
Annual hours per response
Total hours

22
1
22
1
22 (22x1)

Total annual burden hours

22

Cost per hour in dollars
Annual cost associated with
the burden hours

$35
$770 ($35x22)

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13.

Provide estimates of the total annual cost to respondents or record keepers resulting from
the collection of information. (Do not include the cost of any hour burden shown in
Question 12 or 14).

There are no additional costs to respondents or record keepers.
14.

Provide estimates of annualized cost to the Federal government.

An estimate of the required cost has been prepared based on NHTSA's experience with programs
of a similar nature. The total annual cost is equal to the cost associated with analyzing all reports
prepared by each individual respondent.
Annual Cost = N x H x C
where N, Number of respondents = 22
H, Hours to analyze one report = .5
C, Cost per hour in dollars = 25
The estimated annual cost to Federal government is $275.00.
15.

Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of
the OMB Form 83-I.

The required information is pertinent to a new regulatory requirement that did not exist before
2009 and is not related to other standards issued by NHTSA. The purpose of the reporting
requirements will be to aid NHTSA in determining whether a manufacturer has complied with
the phase-in requirements during the phase-in period.
16.

For collections of information whose results will be published, outline plans for
tabulation and publication.

NHTSA does not have plans to publish the results.
17.

If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons that the display would be inappropriate.

NHTSA is not seeking such approval.
18.

Explain each exception to the certification statement identified in Item 19, “Certification
for Paperwork Reduction Act Submission,” of OMB Form 83-I.

There are no exceptions.
B.

COLLECTION OF INFORMATION EMPLOYING STATICAL METHODS

This information collection requires a simple written or electronically submitted report on the
respondent’s annual vehicle production and the number of vehicles meeting the requirements of

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FMVSS No. 208 when certifying with the child restraint systems in Appendix A-1 of FMVSS
No. 208. Since the report preparation is based on the existing annual vehicle production data,
the operation does not require use of sophisticated statistical survey methodology or information
technology.
Appendices:
Appendix A. 49 U.S.C. 30111, 30112 and 30117
Appendix B. Advanced Air Bag Final Rule
Appendix C. 49 CFR Part 571.208 - Standard No. 208; Occupant Crash Protection
Appendix D. 49 CFR Part 585 Subpart D – Appendix A-1 of FMVSS No. 208 Phase-in
Reporting Requirements
Appendix E. Federal Register Notice Requesting Public Comments
Appendix F. Public Comments on Proposed Information Collection

Appendix A
49 U.S.C. 30111, 30112 and 30117 of the
National Traffic and Motor Safety Act of 1966

Appendix B
Advanced Air Bag Final Rule

Appendix C
49 CFR Part 571.208 – Standard No. 208; Occupant Crash Protection

Appendix D
49 CFR Part 585 Subpart D – Appendix A-1 of FMVSS No. 208 Phasein Reporting Requirements

Appendix E
Federal Register Notice Requesting Public Comments

Appendix F
Public Comments on Proposed Information Collection