OMB Control Number 2127-0535
Abstract: 1
This information collection request (ICR) is to request a reinstatement with modification of a previously approved information collection for mandatory phase-in reporting for vehicle manufacturers (OMB Control No. 2127-0535) and requesting that it be renamed as “49 CFR Part 585; Phase-In Reporting Requirements.” This ICR will be used to consolidate all phase-in reporting requirements that are included in 49 CFR Part 585 and was chosen because the OMB Control Number is currently listed in 49 CFR Part 509 as being associated with information collections contained in part 585.
The modification to this ICR requests entails information collection that was established as part of a final rule in which NHTSA amended Federal Motor Vehicle Safety Standard (FMVSS) No. 208, “Occupant crash protection,” to update the child restraint systems (CRSs) listed in Appendix A-1 of the standard (89 FR 67869). NHTSA uses the CRSs in Appendix A-1 to test the performance of advanced air bag suppression and low risk deployment systems in either suppressing or deploying the air bag in a low-risk manner in the presence of a CRS. The amendments ensure that the CRSs used by NHTSA to test advanced air bags are representative of the current CRS fleet and would make it easier for vehicle manufacturers and test laboratories to acquire CRSs for testing purposes.
As part of the update to FMVSS No. 208, there are phase-in of the requirements for testing with the new CRSs listed in Appendix A-1. The phase-in begins on September 1, 2025, when forty percent of a manufacturer’s applicable light vehicles must comply with the revised appendix. By September 1, 2026, all applicable light vehicles must comply with the revised appendix. This phase-in of the amendment gives vehicle manufacturers reasonable time to certify their advanced air bag systems using the new CRSs. As with all phase-ins, the agency is adopting a reporting and recordkeeping requirement to facilitate the agency’s enforcement of the standard by aiding NHTSA in determining whether a manufacturer has complied with the phase-in requirements during the phase-in period. The reporting and recordkeeping requirements require that manufacturers submit an annual production report to NHTSA that includes the number of vehicles manufactured in the current production year and the production of complying vehicles and retain records of compliance with the phase-in requirements for five years. NHTSA estimates this collection from FMVSS No. 208 Appendix A-1 will impact 22 manufacturers each year and will have a total annual burden of 22 hours and the total cost of $0.2
JUSTIFICATION
Explain the circumstances that make the collection of information necessary. Identify any legal and administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.
The National Highway Traffic Safety Administration (NHTSA), under the U.S. Department of Transportation, was established by the Highway Safety Act of 1970 to carry out safety programs under the National Traffic and Motor Vehicle Safety Act of 1966 and the Highway Safety Act of 1966. The National Traffic and Motor Vehicle Safety Act, codified under Title 49 of the U.S. Code in Chapter 301, authorizes the Secretary of Transportation (NHTSA by delegation), at 49 U.S.C. 30111, to issue Federal Motor Vehicle Safety Standards (FMVSS) that set performance standards for motor vehicles and items of motor vehicle equipment. 49 U.S.C. § 30115 requires manufacturers of motor vehicles or motor vehicle equipment to certify that the vehicle or equipment complies with applicable motor vehicle safety standards prescribed under this chapter. Further, the Secretary (NHTSA by delegation) is authorized, at 49 U.S.C. § 30117, to require manufacturers to provide information to first purchasers of motor vehicles or motor vehicle equipment when the vehicle or equipment is purchased, in the form of printed matter placed in the vehicle or attached to the vehicle or motor vehicle equipment.
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.
In 2008, NHTSA published a final rule to phase-in the FMVSS No. 208 certification of vehicles with a newly revised Appendix A-1. The final rule provided a phase-in of the requirements for testing with the child restraint systems listed in Appendix A-1. The purpose of the reporting requirements was to aid NHTSA in determining whether a manufacturer had complied with the phase-in requirements during the phase-in period.3 The agency published a final rule on August 22, 2024 (89 FR 67869), for a new update to Appendix A-1 with similar phase-in reporting requirements.
The final rule requires the following implementation schedule: Forty percent of all of a manufacturer’s light vehicles must comply with the revised appendix by September 1, 2025, and all light vehicles must be fully compliant no later than September 1, 2026. The phase-in plan requires manufacturers to report achievement of the annual production quota in the phase-in period. These requirements are found in 49 CFR part 585, “Phase-In Reporting Requirements.” The reporting and recordkeeping requirements require that manufacturers submit an annual production report to NHTSA that includes the number of vehicles manufactured in the current production year and the production of complying vehicles and that they retain records of compliance with the phase-in requirements for five years. The report is due within 60 days after the end of the production year ending August 31, 2026. After the report is received, requirements will cease and no further report will be required during that year.
Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, 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 allow NHTSA to determine whether vehicle manufacturers are complying with the phase-in requirements.
For each report, the manufacturer will provide, in addition to the manufacturer’s name and other identifying information, several numerical items of information. The information should include the following items:
a. 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
b. 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.
NHTSA’s Office of Vehicle Safety Compliance will receive, review, and evaluate the information in the required reports to assess compliance with the phase-in requirements.
Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also, describe any consideration of using information technology to reduce burden.
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. We also accept various methods of submission including electronic submission.
Describe efforts to identify duplication. Show specifically why similar information already available cannot be used or modified for use for the purposes described in Item 2 above.
NHTSA is the only Federal government agency issuing FMVSSs and requiring motor vehicle manufacturers to comply with FMVSS No. 208. No duplication of this information collection exists.
The required information 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.
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. 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 phase-in 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 paperwork can be expected for small firms given the smaller annual production and the relatively low estimated burden hours for the phase-in reporting and record keeping.
Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
This information allows NHTSA to effectively enforce the phase-in production requirements in FMVSS No. 208. Without this information collection, there is a greater likelihood of noncompliance with the standards, which could result in motor vehicles being sold that do not provide the required air bag protection to child occupants.
Explain any special circumstances that require the information collection to be conducted in a manner:
requiring respondents to report information to the agency more often than quarterly;
requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
requiring respondents to submit more than an original and two copies of any document;
requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
The information collection is consistent with the guidelines set forth in 5 CFR 1320.5(d)(2) except that 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 for five years for verification purposes.
If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to the comments. Specifically address comments received on cost and hour burden. Describe efforts to consult with persons outside the agency to obtain their views.
On May 28, 2025, NHTSA published in the Federal Register a notice (90 FR 22574; copy provided) soliciting comments on the proposed collection of information. NHTSA received one anonymous public comment that was not relevant to the information collection request.
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 in connection with this information collection.
Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.
If a respondent claims that its report contains confidential business information, NHTSA will consider that claim under 49 CFR Part 512, Confidential Business Information.
Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
The information provided is not of a private nature. Therefore, no justification is necessary.
Provide estimates of the hour burden of the collection of information on the respondents and estimates of the annualized labor cost to respondents associated with that hour burden.
The annual burden involves the tasks of collection of the information required by the annual report as well as placing the information in a format 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 half a burden hour per respondent is estimated for data retrieval and report preparation and half a burden hour per respondent for the record keeping of the data.
NHTSA estimates the labor costs associated with these labor hours using hourly labor rates published by the Bureau of Labor Statistics (BLS). BLS estimates that hourly wages represent approximately 70.5% of total compensation for private industry workers.4 For the labor costs associated with this ICR, NHTSA uses the mean hourly wage of $40.64 per hour for “Technical Writers” (occupational code 27-3042)5 for the Motor Vehicle Manufacturing Industry and applies the 70.5% factor to find the total compensation rate of $57.65 per hour ($40.64 per hour divided by 0.705). The total annual cost is estimated to be $1,268.20 (time burden of 22 hours × $57.65 cost per hour). The burden hours and associated labor costs are summarized in Table 1 below.
Table 1: Estimated Annual Burden Hours and Labor Cost
Information Collection |
Number of Respondents |
Total Annual Burden Hours per Respondent |
Hourly Labor Cost |
Total Annual Labor Cost per Respondent |
Total Annual Burden Hours |
Total Annual Labor Cost |
Phase-In Reporting |
22 |
.5 |
$57.65 |
$28.82 |
11 |
$634.10 |
Phase-In Recordkeeping |
22 |
.5 |
$57.65 |
$28.82 |
11 |
$634.10 |
TOTAL |
22 |
1 |
$57.65 |
$57.65 |
22 |
$1,268.20 |
Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information. Do not include the cost of any hour burden already reflected in the response provided in question 12.
There are no additional costs to respondents or record keepers other than the labor costs associated with the burden hours described in question 12.
Provide estimates of annualized costs to the Federal government. Provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.
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.
The estimated time to review each submission is .5 hours per submission. NHTSA estimates the cost of this time using the salary of a GS 14 step 1 employee in the Washington, DC, area, which is $66.79 per hour.6 The BLS estimates that wages represent 61.8% of total compensation for State and local government workers, on average.7 Using this estimate to calculate a loaded wage, NHTSA estimates the total hourly compensation cost to be $108.07.
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 = $108.07
Therefore, the estimated annual cost to the Federal government is $1,188.82.
Explain the reasons for any program changes or adjustments reported on the burden worksheet. If this is a new collection, the program change will be entire burden cost and number of burden hours reported in response to questions 12 and 13. If this is a renewal or reinstatement, the change is the difference between the new burden estimates and the burden estimates from the last OMB approval.
This ICR is for a reinstatement with modification of a previously approved information collection. NHTSA estimates this collection from FMVSS No. 208 Appendix A-1 will impact 22 manufacturers each year and will have a total annual burden of 22 hours and the total cost of $0. This is the same burden estimate when FMVSS No. 208 Appendix A was part of a separate ICR #2127-0666 (expired May 31, 2013).
For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions as applicable.
NHTSA does not have plans to publish the results.
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 seeking approval to not display the expiration date. The information collection is contained entirely within a regulation, and it would require rulemaking to display the expiration date.
Explain each exception to the topics of the certification statement identified in "Certification for Paperwork Reduction Act Submissions." The required certifications can be found at 5 CFR 1320.9.8
There are no exceptions.
Attachments:
49 U.S.C. 30111, 30112 and 30117
Federal Register Notice Requesting Public Comments
Federal Register for Final Rule
49 CFR 585 Subpart D —Appendix A-1 of FMVSS No. 208 Phase-in Reporting Requirements
1 The Abstract must include the following information: (1) whether responding to the collection is mandatory, voluntary, or required to obtain or retain a benefit; (2) a description of the entities who must respond; (3) whether the collection is reporting (indicate if a survey), recordkeeping, and/or disclosure; (4) the frequency of the collection (e.g., bi-annual, annual, monthly, weekly, as needed); (5) a description of the information that would be reported, maintained in records, or disclosed; (6) a description of who would receive the information; (7) if the information collection involves approval by an institutional review board, include a statement to that effect; (8) the purpose of the collection; and (9) if a revision, a description of the revision and the change in burden.
2 When FMVSS No. 208 Appendix A was previously updated with a separate ICR OMB #2127-0666 (expired May 31, 2013), the approved information total annual burden then was 22 hours and $0 in cost. The previously approved ICR OMB #2127-0535 “Production Reporting system for Automatic Occupant Restraint Compliance – 49 CFR Part 585” (expired December 31, 1997) total annual burden was 828 hours and $0 in cost.
3 The original phase-in reporting requirements were covered by the ICR with OMB Control No. was 2127-0666.
4 See Table 1. Employer Costs for Employee Compensation by ownership (Dec. 2024), available at https://www.bls.gov/news.release/pdf/ecec.pdf (accessed April 1, 2025).
5 See May 2023 National Industry-Specific Occupational Employment and Wage Estimates, NAICS 336100 - Motor Vehicle Manufacturing, available at https://www.bls.gov/oes/2023/may/naics4_336100.htm#27-0000 (accessed April 1, 2025).
6 https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2024/DCB_h.pdf (accessed April 1, 2025).
7 See Table 1. Employer Costs for Employee Compensation by ownership (Dec. 2024), available at https://www.bls.gov/news.release/pdf/ecec.pdf (accessed April 1, 2025).
8 Specifically explain how the agency display the OMB control number and expiration date and will inform potential respondents of the information required under 5 CFR 1320.8(b)(3): the reasons the information is planned to be and/or has been collected; the way such information is planned to be and/or has been used to further the proper performance of the functions of the agency; an estimate, to the extent practicable, of the average burden of the collection (together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); whether responses to the collection of information are voluntary, required to obtain or retain a benefit (citing authority), or mandatory (citing authority);the nature and extent of confidentiality to be provided, if any (citing authority); and the fact that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | NCC edits |
| Author | NPS |
| File Modified | 0000-00-00 |
| File Created | 2025-11-20 |