60day FRN

60dayFRN_NHTSA-2021-0013-0001_content.pdf

Automated Driving Systems 2.0: A Vision for Safety

60day FRN

OMB: 2127-0723

Document [pdf]
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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Notices

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2020–0986]

Agency Information Collection
Activities: Requests for Comments;
Clearance of a Renewed Approval of
Information Collection: Helicopter Air
Ambulance Operator Reports
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The Federal Register Notice
with a 60-day comment period soliciting
comments on the following collection of
information was published on October
14, 2020. The collection involves the
requirement for Helicopter Air
Ambulance Operators to report certain
information to the FAA. The FAA
collects 14 pieces of data from
helicopter air ambulance operators, 8 of
which are mandated in the report to
Congress. We collect data on the
following: Number of helicopters,
helicopter base locations, number of
hours the helicopters are flown, number
of patients transported, number of
transportation requests accepted or
denied, number of accidents, number of
instrument flight hours flown, number
of night flight hours flown, number of
incidents, and the rate of accidents or
incidents per 100,000 flight hours. The
information to be collected will be used
in helping the FAA develop risk
mitigation strategies and provide
information to Congress.
DATES: Written comments should be
submitted by April 8, 2021.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Tom
Luipersbeck by email at:
[email protected]; phone:
615–202–9683
SUPPLEMENTARY INFORMATION: Public
Comments Invited: You are asked to
comment on any aspect of this
information collection, including (a)

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SUMMARY:

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Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information.
OMB Control Number: 2120–0761.
Title: Helicopter Air Ambulance
Operator Reports.
Form Numbers: 2120–0756.
Type of Review: Renewal of an
information collection.
Background: The Federal Register
Notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on October 14, 2020 (85 FR 65133). One
comment was received.
The FAA Modernization and Reform
Act of 2012 (the Act), as amended by the
FAA Reauthorization Act of 2018,
mandates that all helicopter air
ambulance operators must begin
reporting the number of flights and
hours flown, along with other specified
information, during which helicopters
operated by the certificate holder were
providing helicopter air ambulance
services. See Public Law 112–95, Sec.
306, 49 U.S.C. 44731. The FAA
Administrator had 180 days to develop
a methodology to collect and store those
data. The Act further mandates that not
later than 2 years after the date of
enactment, and annually thereafter, the
Administrator shall submit to the
Committee on Transportation and
Infrastructure of the House of
Representatives and the Committee on
Commerce, Science, and Transportation
of the Senate, a report containing a
summary of the data collected.
The helicopter air ambulance
operational data provided to the FAA is
used by the agency as background
information useful in the development
of risk mitigation strategies to reduce
the helicopter air ambulance accident
rate, and to meet the mandates set by
Congress. All helicopter air ambulance
operators must report data to the FAA.
The FAA collects 14 pieces of data
from helicopter air ambulance operators
which are mandated in the report to
Congress. Data is collected on the
following: number of helicopters,
helicopter base locations, number of
hours the helicopters are flown, number
of patients transported, number of
transportation requests accepted or
denied, number of accidents, number of
instrument flight hours flown, number
of night flight hours flown, number of
incidents in which a helicopter was not
directly dispatched and arrived to
transport patients but was not utilized

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for patient transport, and the number of
accidents that occurred while
conducting helicopter air ambulance
operations. The information is collected
annually.
Respondents: 62 Helicopter Air
Ambulance Operators.
Frequency: Annually.
Estimated Average Burden per
Response: Varies per size of operation.
Estimated Total Annual Burden: 738
Hours for all operators.
Issued in Washington, DC, on March 4,
2021.
Sheri A. Martin,
Management and Program Analyst, FAA, Air
Transportation Division, AFS–200.
[FR Doc. 2021–04884 Filed 3–8–21; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2021–0013]

Agency Information Collection
Activities; Notice and Request for
Comment; Automated Driving Systems
2.0: A Vision for Safety
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for public
comment on an extension of a currentlyapproved information collection.
AGENCY:

The National Highway Traffic
Safety Administration (NHTSA) invites
public comments about our intention to
request approval from the Office of
Management and Budget (OMB) for an
extension of a currently-approved
information collection. Before a Federal
agency may collect certain information
from the public, it must receive
approval from OMB. Under 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 a collection of
information for which NHTSA intends
to seek OMB extension approval, titled
‘‘Automated Driving Systems 2.0: A
Vision for Safety’’ and identified by
OMB Control Number 2127–0723,
which is currently approved through
May 31, 2021. The burden hour
calculations have been adjusted to
reflect a reduction in burden as well as
a reduction in the frequency of response
resulting in a total annual burden hour

SUMMARY:

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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Notices
reduction from 86,100 hours to 12,000
hours.
DATES: Comments must be submitted on
or before May 10, 2021.
ADDRESSES: You may submit comments
using any of the following methods:
• Electronic submissions: Go to
http://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: (202) 493–2251.
• Mail: Docket Management, U.S.
Department of Transportation, 1200
New Jersey Ave. SE, West Building,
Room W12–140, Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE, West Building Ground
Floor, Room W12–140, Washington, DC,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Telephone (202) 366–9322.
Instructions: Each submission must
include the Agency name and the
Docket number identified at the
beginning of this document. Note that
all comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit http://
www.dot.gov/privacy.html.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov or the street
address listed above. Follow the online
instructions for accessing the dockets
via internet.
FOR FURTHER INFORMATION CONTACT: For
additional information or access to
background documents, contact Ms.
Debbie Sweet, NHTSA, 1200 New Jersey
Avenue SE, Washington, DC 20590;
Telephone (202) 366–7179; Fax: (202)
366–2106; email address:
[email protected]. Please identify
the relevant collection of information by
referring to its OMB Control Number.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), before an agency
submits a proposed collection of
information to OMB for approval, it
must first publish a document in the
Federal Register providing a 60-day
comment period and otherwise consult
with members of the public and affected

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agencies concerning each proposed
collection of information. OMB has
promulgated regulations describing
what must be included in such a
document. Under OMB’s regulation (at
5 CFR 1320.8(d)), an agency must
request public comment on the
following: (a) 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; (b) 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; (c)
how to enhance the quality, utility, and
clarity of the information to be
collected; and (d) 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 for public
comments on the extension of the
following collection of information for
which the agency is seeking approval
from OMB.
Title: Automated Driving Systems 2.0:
A Vision for Safety.
Type of Request: Extension of a
currently-approved information
collection.
OMB Control Number: 2127–0723.
Form Number: None.
Type of Review Requested: Regular.
Requested Expiration Date of
Approval: Three years from date of
approval.
Summary of the collection of
Information: In September 2017,
NHTSA published a policy
document titled, Automated Driving
Systems 2.0: A Vision for Safety (ADS
2.0). Recognizing the potential that
Automated Driving Systems (ADSs)
have to enhance safety and mobility,
this policy document set out an
approach to enable the safe deployment
of Automated Driving Systems (SAE
Automation Levels 3 through 5—
Conditional, High, and Full Automation
Systems as defined in SAE J3016).1
Consistent with its statutory purpose
to reduce traffic crashes and deaths and
injuries resulting from traffic accidents,2
NHTSA has recommended disclosure of
information via a Voluntary Safety SelfAssessment (VSSA) related to ADS
1 For more information about SAE J3016, see
https://www.sae.org/standards/content/j3016_
201806.
2 49 U.S.C. 30101.

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technologies by vehicle manufacturers
and other entities as described in ADS
2.0. In the section of ADS 2.0 titled,
‘‘Voluntary Guidance for Automated
Driving Systems’’ (hereafter referred to
as ‘‘Voluntary Guidance’’), NHTSA
recommended that manufacturers and
other entities assess their ADS-equipped
vehicle against specific safety elements,
summarize that assessment, and then
voluntarily disclose that summary to the
public.3 The Voluntary Guidance
outlines recommended best practices,
many of which should be commonplace
in the industry, for the safe predeployment design, development, and
testing of ADSs prior to commercial sale
or operation on public roads.
Description of the Need for the
Information and Proposed Use of the
Information: To assist States and the
public in understanding how safety is
being considered by manufacturers and
other entities developing and testing
ADSs, NHTSA has encouraged
disclosures that aid in that mission. The
burden estimates contained in this
notice are based on the Agency’s
understanding of the ADS market and
the time associated with generating a
self-assessment and voluntarily making
a summary of that self-assessment
public. The estimates in this notice are
adjustments from the previous
information collection request (ICR)
demonstrating a decrease in the burdenhour estimate.
The manner by which NHTSA
encourages ADS manufacturers and
other entities to disclose information is
through a VSSA. The VSSA summarizes
how the manufacturer or other entity
has considered the safety elements
contained in the Voluntary Guidance as
shown below:
• System Safety
• Operational Design Domain
• Object and Event Detection and
Response
• Fallback (Minimal Risk Condition)
• Validation Methods
• Human Machine Interface
• Vehicle Cybersecurity
• Crashworthiness
• Post-Crash ADS Behavior
• Data Recording
• Consumer Education and Training
• Federal, State and Local Laws
The Agency believes the work
associated with consideration of the
safety element in the Voluntary
Guidance to be an extension of good and
safe engineering practices already in
place. It therefore believes that
manufacturers and other entities will
have access to all the information
3 https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/
documents/13069a-ads2.0_090617_v9a_tag.pdf.

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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Notices

needed to craft a VSSA that discusses
how the safety elements were
considered and, if they choose, release
a summary of that assessment publicly.
Of the manufacturers and other entities
who voluntarily disclose this
information, NHTSA anticipates that
most manufacturers and other entities
will post the VSSAs online. As of
December 28, 2020, NHTSA was aware
of 26 VSSAs, all available online.
The safety elements are fully
described in the Voluntary Guidance
section (section 1) of ADS 2.0, as is the
VSSA. The VSSA (including the public
release of that summary assessment) is
intended to communicate to the public
(particularly States and consumers) that
entities are (1) considering the safety
aspects of ADSs; (2) communicating and
collaborating with DOT; (3) encouraging
the self-establishment of industry safety
norms for ADSs; and (4) building public
trust, acceptance, and confidence
through transparent testing and
deployment of ADSs.
Affected Public: Entities involved in
the testing and deployment of ADSs.
Estimated Number of Respondents:
20.
Frequency: On Occasion (based on
information from the current
information collection, respondents are
expected to respond, on average, once
every three years).
Estimated Total Annual Burden
Hours: 12,000 hours.
NHTSA is using the number of
entities that have received permits from
the State of California as surrogate for
the number of respondents that may
choose to develop and issue a VSSA. As
of December 28, 2020, California has
cumulatively issued permits to 58
entities to test Automated Driving
Systems with drivers present, five of
those entities also received permits to
test without a driver present, and one

entity (included on both other lists) has
a permit to deploy.4 At the onset of the
current information collection,
California had issued permits to 45
entities as of November 16, 2017, but
NHTSA had expected the number to
grow to 60 entities within the three
years of the information collection,
assuming an addition of new entrants.
For that reason, the burden hours and
cost were calculated based on 60
respondents. NHTSA expects the
number of potential respondents to
remain at approximately 60 given the
coordinated efforts of some companies
on the list, the departure of some of
those entities from the industry
(departures were not prevalent in 2017
as the industry was new), and
accounting for new entrants. As a point
of reference, since the previous ICR was
approved, NHTSA is aware of 26
published VSSAs. Given that only 26
VSSAs have been published in three
years compared to the 58 activelypermitted entities in California, NHTSA
believes that 60 respondents is an
appropriate high-end for total
respondents. However, based on
observations of the current information,
NHTSA estimates that respondents will
only produce and disclose a new VSSA
once every three years. Therefore,
NHTSA has revised its burden
calculations to reflect estimates based
on 20 respondents each year.
Components of the Voluntary
Guidance in ADS 2.0 and public
disclosure of the VSSA have not
changed since release in 2017. NHTSA
expects the industry burden of
addressing safety elements in the
Voluntary Guidance to be comprised of
efforts entities would already incur in
normal business operation and existing
documentation. While the previous ICR
calculated burden hours associated with

a potential increase in analysis and
review in order to develop the VSSA,
NHTSA has since determined there to
be no increased documentation citing
how an entity addressed the safety
elements in the Voluntary Guidance.
NHTSA does not believe that any entity
is documenting its safety efforts solely
for the purpose of the VSSA and public
disclosure. Therefore, NHTSA reduced
the estimation of burden hours by 835
burden hours per respondent per year
from the previous ICR.
Development and disclosure of a
VSSA is expected to involve burden for
format, content, and summary, varying
by safety element. NHTSA estimates
that each entity will spend
approximately 600 hours to develop and
disseminate a VSSA. This estimate of
burden is comprised of efforts to
transmit information from the existing
format (520 hours for development) into
a summary format that would be
consumable by the public, including
data translation, analysis, and
discussion of traditionally technical
information (80 hours to summarize).
The total estimated burden hours for
a single VSSA is calculated as 600 hours
for each of the 20 respondents. The total
burden hours per year is estimated at
12,000 hours, a reduction from the
86,100 hours in the previous ICR.
In summary, NHTSA estimates the
total burden associated with disclosure
recommendations via a VSSA would be
600 hours per respondent with 20
respondents submitting information
each year. The frequency of responding
is once every three years; therefore,
NHTSA estimates there will be a total of
60 unique responders over the course of
the next three years.
The burden hours associated with
development of a VSSA are detailed in
the tables below.

TABLE 1—BURDEN HOURS ESTIMATES FOR VSSA, PER SAFETY ELEMENT
Burden hours
for VSSA
development

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Safety element in voluntary guidance
A. System Safety .....................................................................................................................................................
B. Operational Design Domain ................................................................................................................................
C. Object and Event Detection and Response .......................................................................................................
D. Fallback ...............................................................................................................................................................
E. Validation Methods ..............................................................................................................................................
F. Human Machine Interface ...................................................................................................................................
G. Vehicle Cybersecurity .........................................................................................................................................
H. Crashworthiness .................................................................................................................................................
I. Post-Crash ADS Behavior ....................................................................................................................................
J. Data Recording ....................................................................................................................................................
K. Consumer Education and Training .....................................................................................................................

4 https://www.dmv.ca.gov/portal/vehicleindustry-services/autonomous-vehicles/
autonomous-vehicle-testing-permit-holders/.

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20
20
40
80
80
20
20
20
20
80
40

Burden hours
for VSSA
summary
10
5
5
10
10
5
5
5
5
10
5

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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Notices
TABLE 1—BURDEN HOURS ESTIMATES FOR VSSA, PER SAFETY ELEMENT—Continued
Burden hours
for VSSA
development

Safety element in voluntary guidance

Burden hours
for VSSA
summary

L. Federal, State, and Local Laws ..........................................................................................................................

80

5

Total Burden Hours Per ADS ...........................................................................................................................

520

80

TABLE 2—CALCULATION OF ANNUAL BURDEN HOURS
Estimated Number of Respondents Annually ..................................................................................................................................
Estimated Burden Hours for Voluntary Assessment Development ..........................................................................................
Estimated Burden Hours for Summarizing Information ............................................................................................................
Total Burden Hours per Respondent ...............................................................................................................................................
Total Estimated Burden Hours for Industry per Year ...............................................................................................................

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NHTSA estimates the hourly cost
associated with preparing VSSAs to be
$97.36 5 per hour using the Bureau of
Labor Statistics’ mean hourly wage
estimate for architectural and
engineering managers in the motor
vehicle manufacturing industry
(Standard Occupational Classification
#11–9041). Therefore, the total
estimated annual burden to each
respondent is $58,416 (600 hours ×
$97.36 = $58,416). Therefore, the total
estimated labor costs to all respondents
to this collection is $1,168,320.
Estimated Total Annual Burden Cost:
NHTSA does not anticipate any further
burden to respondents beyond the labor
costs associated with the burden hours.
Public Comments Invited: You are
asked to comment on any aspect 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
5 The hourly wage is estimated to be $68.35 per
hour. National Industry-Specific Occupational
Employment and Wage Estimates NAICS 336100—
Motor Vehicle Manufacturing, May 2019, https://
www.bls.gov/oes/current/naics4_336100.htm, last
accessed June 30, 2020. The Bureau of Labor
Statistics estimates that wages represent 70.2
percent of total compensation to private workers, on
average. Therefore, NHTSA estimates the total
hourly compensation cost to be $97.36.

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amended; 49 CFR 1.49; and DOT Order
1351.29.
Cem Hatipoglu,
Associate Administrator for Vehicle Safety
Research.
[FR Doc. 2021–04877 Filed 3–8–21; 8:45 am]
BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION
Office of the Secretary of
Transportation
[Docket No. DOT–OST–2021–0023]

Notice of Tribal Consultation; Request
for Comments
Office of the Secretary (OST),
U.S. Department of Transportation
(DOT).
ACTION: Notice of Tribal consultation;
request for comments.
AGENCY:

The U.S. Department of
Transportation (DOT or we) announces
that it is holding virtual Tribal
consultation with American Indian and
Alaskan Native Tribes on its
implementation of Executive Order
13175 of November 6, 2000, consistent
with the Presidential Memorandum of
January 26, 2021. We also announce the
establishment of a docket to receive
comments on our Tribal consultation
policies and practices. Testimony
presented at these Tribal consultations
will be considered by DOT in
formulating its plan of actions in
response to the Presidential
Memorandum of January 26, 2021. We
will host a virtual Tribal consultation on
March 24, 2021.
DATES: Consistent with Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments, we
will hold a virtual Tribal consultation
meeting to take oral testimony. The
Tribal consultation meeting will be held
SUMMARY:

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20
520 hours
80 hours
600 hours
12,000 hours

on Wednesday, March 24, 2021 from
2:00 p.m. to 3:30 p.m. EDT. Participants
can access the presentation by logging
into the following: https://
www.transportation.gov/selfgovernance. Participants may submit
written questions in advance of the
meeting to [email protected], or
provide written comments/questions
using the chat function during the
presentation. Any questions or
comments to be considered must be
received in writing via email to
[email protected] by 5 p.m. EST,
Wednesday, March 31, 2021. Additional
information about how to participate
during the consultation will be made
available at https://
www.transportation.gov/self-governance
in advance of the consultation and
announced at the beginning of the
consultation.
Additional follow-on listening
sessions with Tribal associations may be
scheduled. These listening sessions will
be open to the public. Please check
https://www.transportation.gov/selfgovernance for additional details.
The closing date for comments on this
notice is April 19, 2021. The
Department will consider late comments
to the extent practicable.
ADDRESSES: You may submit comments
by any of the following methods:
• Electronic mail: Send electronic
mail to [email protected] and
reference OST–2021–0023 in the subject
line.
• Electronically through the Federal
eRulemaking Portal:
www.regulations.gov. Follow the online
instructions for submitting comments;
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590;
• Hand Delivery: U.S. Department of
Transportation, Docket Operations,

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