2127-0019_2015 Final

Supporting Statement

for

49 CFR Part 537, Automotive Fuel Economy Reports

OMB Control Number: 2127-0019

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

49 United States Code (U.S.C.) 32907(a) requires a manufacturer to submit reports to the Secretary of Transportation on whether a manufacturer will comply with an applicable average fuel economy standard under 49 U.S.C. 32902 of this title for the model year for which the report is made; the actions a manufacturer has taken or intends to take to comply with the standard; and other information the Secretary requires by regulation. To implement this statutory requirement, the agency issued a regulation specifying the required content of the Automotive Fuel Economy Reports.

Under 49 CFR Part 537, NHTSA also requires manufacturers to provide data on vehicle footprint so that the agency could determine a manufacturer’s required fuel economy level and its compliance with that level.

2. Indicate how, by whom, and for what purpose the information is used. Indicate actual use of information received from the current collection.

The information is used for four major purposes:

• to provide the National Highway Traffic Safety Administration (NHTSA) with advance indication whether automotive manufacturers are complying with the applicable average fuel economy standards;

• to furnish NHTSA with the necessary information to prepare its annual update on the Automotive Fuel Economy Program;

• to aid NHTSA in responding to general requests concerning automotive fuel economy, which we routinely receive from Congress, other executive branches, federal agencies, and the public; and

• to supply NHTSA with detailed and current technical and economic information that will be used to evaluate possible future average fuel economy standards.

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

Currently, 49 CFR Part 537 does not impose any obstacles for automotive manufacturers to use improved information technology to forward this information to NHTSA. NHTSA encourages automotive manufacturers to submit these reports in tabular formats on computer disks using any NHTSA approved database structure. The automotive manufacturers use 100 percent automation to calculate and compile the fuel economy data.

The agency does not receive 100 percent of this information electronically. Primarily, automotive manufacturers send the agency the information in written format (hard copy). Approximately thirty percent of the information is received electronically. We will call automotive manufacturers requesting the information be forwarded to the agency via e-mail or disk to encourage 100 percent automotive manufacturers’ use of information technology applications for submitting fuel economy information.

However, under this notice of proposed rulemaking to improve efficiency and reduce manufacture’s and the governments burden, NHTSA is proposing to modify 49 CFR part 537 to require CAFÉ reports to be submitted electronically via an electronic database using a standardized data format. The total estimated amount of paperwork burden resulting from this action that the federal government is imposing on private businesses and citizens.

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

Some data required in these reports are also required by the Environmental Protection Agency (EPA), but the use of the information by NHTSA differs from EPA. NHTSA’s rule permits automotive manufacturers to submit portions of their EPA submissions to this agency in which the same information submitted is listed in the semi-annual fuel economy reports.

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

None of the automotive manufacturers involved in this reporting requirement is a small business.

6. Describe the consequences to the Federal program or policy activities if the information collection were conducted less frequently.

If the reports were required less frequently, NHTSA would not have current information to evaluate whether automotive manufacturers comply with the applicable fuel economy standards. NHTSA would not have the necessary information to prepare its annual update on the automotive fuel economy program. NHTSA could not effectively response to inquiries received from Congress, other executive branches, federal agencies, and the public. NHTSA would not have sufficient information to evaluate possible future average fuel economy standards for passenger automobiles and light trucks, or to initiate other rulemaking activities, if applicable.

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

The procedures specifying the automotive fuel economy report information are fully consistent with the guidelines set forth in 5 CFR 1320.6.

8. Provide a copy of the FEDERAL REGISTER document soliciting comments on extending the collection of information, a summary of all public comments responding to the notice, a description of a description of the agency’s action in response to the comments. Describe efforts to consult with persons outside the agency to obtain their views.

NHTSA published a notice of prosed rulemaking and request for comments on the agency’s intention to request OMB approval for a renewal of an information collection (80 FR 40138; July 13, 2015).

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

No payment or gift will be provided to any respondent.

10. Provide any assurance of confidentiality provided to respondents.

49 CFR 537.12 Confidential information of the agency’s regulation establishes the procedures by which NHTSA will consider claims that information submitted to the agency is confidential information. The regulation provides that if a respondent claim its reports contain confidential information the agency will consider that claim under this section.

11. Provide additional justification for any question matters that are commonly considered private.

There are no questions of a sensitive nature.

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

The total number of burden hours associated with this collection is 3,189 hours. This calculation is explained as follows:

Thirty automotive manufacturers must comply with 49 CFR 537. For each current model year, each manufacturer is required to submit semi-annual reports: a pre-model year report and a mid-model year report. The pre-model year report must be submitted during the month of December, and the mid-model year report must be submitted during the month of July. The total number of responses submitted by automotive manufacturers is 54. We currently have a clearance for 3,189 hours based on reports being received from 30 manufacturers.

Under the new ruling the affected vehicle manufacturers are 155, resulting in 62,400 burden hours

At an estimated cost associated with the burden hours of $8 million. This includes approximately $3.3 million in capital up and operation and maintenance cost.

13. Provide estimates of the total annual cost to the respondents or record keepers.

It estimated that $3.3 million in capital and operation and maintenance costs. This estimated cost for engine and vehicle manufacturers is an average estimate for both new and existing testing, recordkeeping, and reporting requirements for the calendar years 2017, 2018, and 2019.

14. Provide estimates of annualized cost to the Federal Government.

The annual cost to the Government to review the reports for compliance, analyze the data, distribute the reports to NHTSA users, and control and store the confidential information is $31,529 ($24,138 for labor cost and $7,391 for administrative cost) per year for a nominal effort of about 600 professional and 375 administrative annual hours.

15. Explain the reason for any program changes or adjustments reported in Item 13 or 14 of the OMB Form 83-I.

Since NHTSA is proposing to change the way it collects data, it resulted in a program change whereby increasing the burden hours from 3189 to 62,400.

16. For collection of information whose results are planned to be published for statistical use.

This collection of information will not have the results published for statistical use.

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

Approval is not sought to display the expiration date for OMB approval.

18. Explain each exception to the certification statement identified in Item 19. “Certification for Paperwork Reduction Act Submissions,” of OMB Form 8301.

No exceptions to the certification statement are made.

19. Collections of information employing statistical methods.

This collection of information does not employ statistical methods.