[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Rules and Regulations]
[Pages 23158-23161]
[FR Doc No: 2013-09122]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 501

[Docket No. NHTSA-2013-0048]
RIN 2127-AL44

Organization and Delegation of Duties

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT) is updating its regulations. These
regulations govern the organization of the National Highway Traffic
Safety Administration and delegations of authority from the
Administrator to Agency officers including the Deputy Administrator,
Chief Counsel, and Senior Associate Administrators. This rule is a
publication of delegations made by the Administrator to other Agency
officials.

DATES: This rule is effective April 18, 2013.

FOR FURTHER INFORMATION CONTACT: Ms. Dana Sade, Office of the Chief
Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    This final rule updates the Code of Federal Regulations (CFR)
sections that set forth the organization of the National Highway
Traffic Safety Administration (NHTSA) and delegations of authority from
the NHTSA Administrator to other Departmental officials including the
Deputy Administrator, Chief Counsel, and Senior Associate
Administrators. The purpose of this rule is to provide a road map to
the public and government officials regarding how NHTSA operates, which
office is responsible for which tasks, and the authority pursuant to
which Agency offices act.
    The regulations set forth in 49 CFR Part 501 are outdated and do
not accurately reflect how NHTSA operates. For example, Part 501 still
references an Executive Director, a position that no longer exists
within the Agency. These and other inaccuracies in Part 501 create
unnecessary confusion.
    This rule amends Part 501 in three ways. First, it removes
positions that are outdated and no longer exist within the Agency.
Second, it updates the Administrator's delegations to reflect new
statutory responsibilities and organizational changes within the
Agency. Third, it clarifies the text and updates citations in Part 501
to increase transparency, accessibility, and readability.
    This final rule does not impose substantive requirements. It simply
updates the CFR to represent the current statutory and organizational
posture of the Agency. The final rule is ministerial in nature and
relates only to Agency management, organization, procedure, and
practice. Therefore, the Agency has determined that notice and comment
are unnecessary and that the rule is exempt from prior notice and
comment requirements under 5 U.S.C. 553(b)(3)(A). As these changes will
not have a substantive impact on the public, the Agency does not expect
to receive significant comments on the substance of the rule.
Therefore, the Department finds that there is good cause under 5 U.S.C.
553(d)(3) to make this rule effective less than 30 days after
publication in the Federal Register.

II. Executive Order 12866 and DOT Regulatory Policies and Procedures

    The final rule is not considered a significant regulatory action
under Executive Order 12866 and DOT Regulatory Policies and Procedures
(44 FR 11034). It was not reviewed by the Office of Management and
Budget. There are no costs associated with this rule.

Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule does not have a substantial direct effect on, or sufficient
federalism implications for, the States, nor would it limit the
policymaking discretion of the States. Therefore, the consultation
requirements of Executive Order 13132 do not apply.

Executive Order 13175

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not significantly or uniquely affect the

communities of the Indian tribal governments and does not impose
substantial direct compliance costs, the funding and consultation
requirements of Executive Order 13175 do not apply.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for this rule
under the Administrative Procedure Act, 5 U.S.C. 553, the provisions of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. We
also do not believe this rule would impose any costs on small entities
as it makes non-substantive corrections. Therefore, I certify this
final rule will not have a significant economic impact on a substantial
number of small entities.

Paperwork Reduction Act

    This rule contains no information collection requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Unfunded Mandates Reform Act

    NHTSA has determined that the requirements of Title II of the
Unfunded Mandates Reform Act of 1995 do not apply to this rulemaking.

List of Subjects in 49 CFR Part 501

    Authority delegations (Government agencies), Organization and
functions (Government agencies).

    In consideration of the foregoing, NHTSA revises Title 49, Part 501
of the Code of Regulations to read as follows:

PART 501--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES

Sec.
501.1 Purpose.
501.2 General.
501.3 Organization and general responsibilities.
501.4 Succession to Administrator.
501.5 Exercise of authority.
501.6 Secretary's reservations of authority.
501.7 Administrator's reservations of authority.
501.8 Delegations.

    Authority:  49 U.S.C. 105 and 322, and delegations of authority
at 49 CFR 1.95.

Sec.  501.1  Purpose.

    This part describes the organization of the National Highway
Traffic Safety Administration (NHTSA) through the Deputy Administrator,
Chief Counsel, Senior Associate Administrator, Associate Administrator,
Regional Administrator and Staff Office Director levels and provides
for the performance of duties imposed on, and the exercise of powers
vested in, the Administrator of the NHTSA (hereafter referred to as the
``Administrator'').

Sec.  501.2  General.

    The Administrator is delegated authority by the Secretary of
Transportation (49 CFR 1.95) to:
    (a) Carry out the following chapters or sections of Title 49 of the
United States Code:
    (1) Chapter 301--Motor Vehicle Safety.
    (2) Chapter 303--National Driver Register.
    (3) Chapter 321--General.
    (4) Chapter 323--Consumer Information.
    (5) Chapter 325--Bumper Standards.
    (6) Chapter 327--Odometers.
    (7) Chapter 329--Automobile Fuel Economy.
    (8) Chapter 331--Theft Prevention.
    (9) Section 20134(a), with respect to the laws administered by the
National Highway Traffic Safety Administrator pertaining to highway,
traffic and motor vehicle safety.
    (b) Carry out 23 U.S.C. chapter 4, Highway Safety, as amended,
except for section 409.
    (c) Exercise the authority vested in the Secretary by section
210(2) of the Clean Air Act, as amended (42 U.S.C. 7544(2)).
    (d) Carry out the provisions of 23 U.S.C. 313, Buy America.
    (e) Administer the following sections of Title 23, United States
Code, in coordination with the Federal Highway Administrator as
appropriate:
    (1) Section 153.
    (2) Section 154.
    (3) Section 158.
    (4) Section 161.
    (5) Section 163.
    (6) Section 164.
    (f) Carry out the consultation functions vested in the Secretary by
Executive Order 11912 (3 CFR, 1976 Comp., p. 114), as amended, relating
to automobiles.

Sec.  501.3  Organization and general responsibilities.

    The National Highway Traffic Safety Administration consists of a
headquarters organization located in Washington, DC, and a unified
field organization consisting of ten geographic regions. The
organization of, and general spheres of responsibility within, the
NHTSA are as follows:
    (a) Office of the Administrator--
    (1) Administrator.
    (i) Represents the Department and is the principal advisor to the
Secretary in all matters related to chapters 301, 303, 321, 323, 325,
327, 329 and 331 of Title 49 U.S.C.; 23 U.S.C. chapter 4, except
section 409; as each relates to highway safety, sections 153, 154, 158,
161, 163, 164 and 313 of Title 23 U.S.C.; and such other authorities as
are delegated by the Secretary of Transportation (49 CFR sections 1.94
and 1.95);
    (ii) Establishes NHTSA program policies, objectives, and priorities
and directs development of action plans to accomplish the NHTSA
mission;
    (iii) Directs, controls, and evaluates the organization, program
activities, performance of NHTSA staff, program and field offices;
    (iv) Approves broad legislative, budgetary, fiscal and program
proposals and plans; and
    (v) Takes management actions of major significance, such as those
relating to changes in basic organization pattern, appointment of key
personnel, allocation of resources, and matters of special political or
public interest or sensitivity.
    (2) Deputy Administrator. Assists the Administrator in discharging
responsibilities. Directs and coordinates the Administration's
management and operational programs, and related policies and
procedures at headquarters and in the field.
    (3) [Reserved]
    (4) Director, Executive Correspondence. Provides a central
facilitative staff that administers an executive correspondence program
and maintains policy files for the Administrator and Deputy
Administrator, and services and support to committees as designated by
the Administrator.
    (5) Director, Office of Civil Rights. As principal staff advisor to
the Administrator and Deputy Administrator on all matters pertaining to
civil rights, acts as Director of Equal Employment Opportunity,
Contracts Compliance Officer and Title VI (Civil Rights Act of 1964)
Coordinator; assures Administration-wide compliance with related laws,
Executive Orders, regulations and policies; and provides assistance to
the Office of the Secretary in investigating and adjudicating formal
complaints of discrimination.
    (6) Director, Governmental Affairs, Policy & Strategic Planning. As
the principal advisor to the Administrator and Deputy Administrator on
all intergovernmental matters, including communications with Congress,
communicates agency policy and coordinates with the Senior Associate
Administrators and Chief Counsel on legislative issues affecting the
agency. Also, coordinates Agency policy discussions and activities and
coordinates with other operating administrations and the Office of
Secretary on strategic planning efforts.
    (b) Chief Counsel. As chief legal officer, provides legal services
for the Administrator and the Administration;

prepares litigation for the Administration; effects rulemaking actions;
issues subpoenas; and serves as coordinator on legislative affairs.
    (c) Senior Associate Administrators--
    (1) Senior Associate Administrator for Policy and Operations. As
the principal advisor to the Administrator and Deputy Administrator
with regard to core administrative and support services, provides
direction and internal management and mission support for such
activities. Provides executive direction over the Associate
Administrator for Planning, Administrative and Financial Management,
the Chief Information Officer, the Director of Human Resources, the
Director of Executive Correspondence, the Associate Administrator for
Communications and Consumer Information, and the Emergency Coordinator.
    (2) Senior Associate Administrator for Vehicle Safety. As the
principal advisor to the Administrator and Deputy Administrator with
regard to rulemaking, enforcement, vehicle safety research and
statistics and data analysis, provides direction and internal
management and mission support for such activities. Provides executive
direction over the Associate Administrator for Rulemaking, the
Associate Administrator for Enforcement, the Associate Administrator
for the National Center for Statistics and Analysis, and the Associate
Administrator for Vehicle Safety Research.
    (3) Senior Associate Administrator for Traffic Injury Control. As
the principal advisor to the Administrator and Deputy Administrator
with regard to programs to reduce traffic injury, provides direction
and internal management and mission support for such activities.
Provides executive direction over the Associate Administrator for
Research and Program Development and the Associate Administrator for
Regional Operations and Program Delivery.

Sec.  501.4  Succession to Administrator.

    (a) The Deputy Administrator is the ``first assistant'' to the
Administrator for purposes of the Federal Vacancies Reform Act of 1998
(5 U.S.C. 3345-3349d), and shall, in the event the Administrator dies,
resigns, or is otherwise unable to perform the functions and duties of
the office, serve as the Acting Administrator, subject to the
limitations in the Federal Vacancies Reform Act of 1998.
    (b) In the event of the absence or disability of both the
Administrator and the Deputy Administrator, or in the event that both
positions are vacant, the following officials, in the order indicated,
shall serve as Acting Deputy Administrator and shall perform the
functions and duties of the Administrator, except for any non-delegable
statutory and/or regulatory functions and duties:
    (1) Chief Counsel;
    (2) Senior Associate Administrator for Vehicle Safety;
    (3) Senior Associate Administrator for Traffic Injury Control;
    (4) Senior Associate Administrator for Policy and Operations.
    (c) In order to qualify for the line of succession, officials must
be encumbered in their position on a permanent basis.

Sec.  501.5  Exercise of authority.

    (a) All authorities lawfully vested in the Administrator and
reserved to him/her in this Regulation or in other NHTSA directives may
be exercised by the Deputy Administrator and, in the absence of both
Officials, by the Chief Counsel, unless specifically prohibited.
    (b) In exercising the powers and performing the duties delegated by
this part, officers of the NHTSA and their delegates are governed by
applicable laws, executive orders, regulations, and other directives,
and by policies, objectives, plans, standards, procedures, and
limitations as may be issued from time to time by or on behalf of the
Secretary of Transportation, the Administrator, the Deputy
Administrator and the Chief Counsel or, with respect to matters under
their jurisdiction, by or on behalf of the Senior Associate
Administrators, Associate Administrators, Regional Administrators, and
Directors of Staff Offices.
    (c) Each officer to whom authority is delegated by this part may
redelegate and authorize successive redelegations of that authority
subject to any conditions the officer prescribes. Redelegations of
authority shall be in written form and shall be published in the
Federal Register when they affect the public.
    (d) Each officer to whom authority is delegated will administer and
perform the functions described in the officer's respective functional
statements.

Sec.  501.6  Secretary's reservations of authority.

    The authorities reserved to the Secretary of Transportation are set
forth in Sec.  1.21 of Part 1 and in Part 95 of the regulations of the
Office of the Secretary of Transportation in subtitle A of this Title
(49 CFR Parts 1 and 95).

Sec.  501.7  Administrator's reservations of authority.

    The delegations of authority in this part do not extend to the
following authority which is reserved to the Administrator, except when
exercised pursuant to Sec. Sec.  501.4 and 501.5(a):
    (a) The authority under chapter 301--Motor Vehicle Safety--of Title
49 of the United States Code to:
    (1) Issue, amend, or revoke final federal motor vehicle safety
standards and regulations;
    (2) Make final decisions concerning alleged safety-related defects
and noncompliances with Federal motor vehicle safety standards;
    (3) Grant or renew temporary exemptions from federal motor vehicle
safety standards; and
    (4) Grant or deny appeals from determinations upon petitions for
inconsequential defect or noncompliance.
    (b) The authority under 23 U.S.C. chapter 4, as amended, to:
    (1) Apportion authorization amounts and distribute obligation
limitations for State highway safety programs under 23 U.S.C. 402;
    (2) Award grants to the States under the National Priority Safety
Programs, 23 U.S.C. 405;
    (3) Issue, amend, or revoke uniform State highway safety guidelines
and rules identifying highly effective highway safety programs under 23
U.S.C. 402;
    (4) Fix the rate of compensation for non-government members of
agency sponsored committees which are entitled to compensation.
    (c) The authority under chapters 303, 321, 323, 325, and 329
(except section 32916(b)) of Title 49 of the United States Code to:
    (1) Issue, amend, or revoke final rules and regulations; and
    (2) Assess civil penalties and approve manufacturer fuel economy
credit plans under chapter 329.

Sec.  501.8  Delegations.

    (a) Deputy Administrator. The Deputy Administrator is delegated
authority to act for the Administrator, except where specifically
limited by law, order, regulation, or instructions of the
Administrator. The Deputy Administrator is delegated authority to
assist the Administrator in providing executive direction to all
organizational elements of NHTSA.
    (b) [Reserved]
    (c) Director, Office of Civil Rights. The Director, Office of Civil
Rights is delegated authority to:
    (1) Act as the NHTSA Director of Equal Employment Opportunity.

    (2) Act as NHTSA coordinator for matters under Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Executive Order
12250 (3 CFR, 1980 Comp., p. 298), and regulations of the Department of
Justice.
    (d) Chief Counsel. The Chief Counsel is delegated authority to:
    (1) Exercise the powers and perform the duties of the Administrator
with respect to setting of odometer regulations authorized under 49
U.S.C. chapter 327, and with respect to providing technical assistance
and granting extensions of time to the states under 49 U.S.C. 32705.
    (2) Establish the legal sufficiency of all investigations and
enforcement actions conducted under the authority of the following
chapters, including notes, of Title 49 of the United States Code
Chapters 301, 303, 321, 323, 325, 327, 329 and 331; to make an initial
penalty demand based on a violations of any of these chapters; and to
compromise any civil penalty or monetary settlement in an amount of
$100,000 or less resulting from a violation of any of these chapters.
    (3) Exercise the powers of the Administrator under 49 U.S.C.
30166(c), (g), (h), (i), and (k).
    (4) Issue subpoenas, after notice to the Administrator, for the
attendance of witnesses and production of documents pursuant to
chapters 301, 321, 323, 325, 327, 329 and 331 of Title 49 of the United
States Code.
    (5) Issue authoritative interpretations of the statutes
administered by NHTSA and the regulations issued by the agency.
    (e) Senior Associate Administrator for Policy and Operations. The
Senior Associate Administrator for Policy and Operations is delegated
authority for executive direction of the Associate Administrator for
Planning, Administrative and Financial Management; the Chief
Information Officer; the Director of Human Resources; the Director of
Executive Correspondence; the Associate Administrator for
Communications and Consumer Information; and the Emergency Coordinator.
To carry out this direction, the Senior Associate Administrator for
Policy and Operations is delegated authority, except for authority
reserved to the Administrator, to direct the NHTSA planning and
evaluation system in conjunction with Departmental requirements and
planning goals and to coordinate the development of the Administrator's
plans, budgets, and programs, and analyses of their expected impact.
The Senior Associate Administrator for Policy and Operations is also
delegated authority to exercise procurement authority with respect to
NHTSA requirements; administer and conduct NHTSA's personnel management
activities; administer NHTSA financial management programs, including
systems of funds control and accounts of all financial transactions;
and conduct administrative management services in support of NHTSA
missions and programs.
    (f) Senior Associate Administrator for Vehicle Safety. The Senior
Associate Administrator for Vehicle Safety is delegated authority for
executive direction of the Associate Administrator for Rulemaking, the
Associate Administrator for Enforcement, the Associate Administrator
for the National Center for Statistics and Analysis, and the Associate
Administrator for Vehicle Safety Research. The Senior Associate
Administrator for Vehicle Safety exercises executive direction with
respect to the setting of standards and regulations for motor vehicle
safety, fuel economy, theft prevention, consumer information, and
odometer fraud. To carry out this direction, the Senior Associate
Administrator for Vehicle Safety is delegated authority, except for
authority reserved to the Administrator or the Chief Counsel, to
exercise the powers and perform the duties of the Administrator with
respect to the setting of motor vehicle safety and theft prevention
standards, fuel economy standards, procedural regulations, the National
Driver Register, and the development of consumer information and
odometer fraud regulations authorized under Chapters 301, 303, 321,
323, 325, 327, 329, and 331 of title 49, United States Code. The Senior
Associate Administrator for Vehicle Safety is delegated authority to
develop and conduct research and development programs and projects
necessary to support the purposes of Chapters 301, 323, 325, 327, 329,
and 331 of title 49, United States Code, and Chapter 4 of title 23,
United States Code, as amended, in coordination with the appropriate
Associate Administrators, and the Chief Counsel. The Senior Associate
Administrator for Vehicle Safety is also delegated authority to respond
to a manufacturer's petition for exemption from 49 U.S.C. Chapter 301's
notification and remedy requirements in connection with a defect or
noncompliance concerning labeling errors; extend comment periods (both
self-initiated and in response to a petition for extension of time) for
noncontroversial rulemakings; make technical amendments or corrections
to a final rule; extend the effective date of a noncontroversial final
rule; administer the NHTSA enforcement program for all laws, standards,
and regulations pertinent to vehicle safety, fuel economy, theft
prevention, damageability, consumer information and odometer fraud,
authorized under Chapters 301, 323, 325, 327, 329, and 331 of title 49,
United States Code; issue regulations relating to the importation of
motor vehicles under sections 30141 through 30147 of title 49, United
States Code; and grant and deny petitions for import eligibility
determinations submitted to NHTSA by motor vehicle manufacturers and
registered importers under 49 U.S.C. 30141.
    (g) Senior Associate Administrator for Traffic Injury Control. The
Senior Associate Administrator for Traffic Injury Control is delegated
authority for executive direction of the Associate Administrator for
Research and Program Development and the Associate Administrator for
Regional Operations and Program Delivery. To carry out this direction,
the Senior Associate Administrator for Traffic Injury Control is
delegated authority, except for authority reserved to the
Administrator, over programs with respect to: Chapter 4 of title 23,
United States Code, as amended; the authority vested by section 210(2)
of the Clean Air Act, as amended (42 U.S.C. 7544(2)); the authority
vested by 49 U.S.C. 20134(a), with respect to the laws administered by
the Administrator pertaining to highway, traffic, and motor vehicle
safety; and the authority vested by sections 153, 154, 158, 161, 163,
and 164 of title 23, United States Code, in coordination with the
Federal Highway Administrator as appropriate. The Senior Associate
Administrator for Traffic Injury Control is also delegated authority to
exercise the powers and perform the duties of the Administrator with
respect to State highway safety programs under 23 U.S.C. 402 and
National Priority Safety Programs under 23 U.S.C. 405, including
approval and disapproval of State highway safety plans and vouchers, in
accordance with the procedural requirements of the Administration.

    Issued in Washington, DC on: April 10, 2013. under authority
delegated in 49 CFR 1.95
David L. Strickland,
Administrator.
[FR Doc. 2013-09122 Filed 4-17-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Notices]
[Pages 61093-61097]
[FR Doc No: 2020-21417]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0070]

Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Automated
Vehicle Transparency and Engagement for Safe Testing (AV TEST)
Initiative

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

ACTION: Notice and request for comments on a new information
collection.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA),
this notice announces that the Information Collection Request (ICR)
abstracted below will be submitted to the Office of Management and
Budget (OMB) for review and approval. The ICR describes the nature of
the information collection and its expected burden.
    The information collection described in this document is for
NHTSA's planned Automated Vehicle Transparency and Engagement for Safe
Testing (AV TEST) Initiative, which involves the collection of
voluntarily-submitted information from entities involved in the testing
of vehicles equipped with automated driving systems (ADS) and from
States and local authorities involved in the regulation of ADS testing.
The purpose of this collection is to provide information to the public
about ADS testing operations in the United States and applicable State
and local laws, regulations, and guidelines.
    A Federal Register Notice with a 60-day comment period soliciting
comments on the information collection was published on July 2, 2020
(85 FR 39975). NHTSA received 20 comments and a brief summary and
NHTSA's response to those comments is provided in this document.

DATES: Comments must be submitted on or before October 29, 2020.

ADDRESSES: Written comments and recommendations for the proposed
information collection, including suggestions for reducing burden,
should be submitted to the Office of Management and Budget at
www.reginfo.gov/public/do/PRAMain. To find this particular information
collection, select ``Currently under Review--Open for Public Comment''
or use the search function.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Michael Frenchik, Office of Data
Acquisition, Safety Systems Management Division (NSA-0130), Room W53-
303, 1200 New Jersey Avenue SE, Washington, DC 20590. Mr. Frenchik's
telephone number is<PHONE_NUMBER>. National Highway Traffic Safety
Administration. U.S. Department of Transportation, 1200 New Jersey
Avenue, SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), a
Federal agency must receive approval from the Office of Management and
Budget (OMB) before it collects certain information from the public and
a person is not required to respond to a collection of information by a
Federal agency unless the collection displays a valid OMB control
number. In compliance with these requirements, this notice announces
that the following information collection request will be submitted
OMB.
    A Federal Register notice with a 60-day comment period soliciting
public comments on the following information collection was published
on July 2, 2020.
    Title: Automated Vehicle Transparency and Engagement for Safe
Testing (AV TEST) Initiative.
    OMB Control Number: 2127-NEW.
    Form Number: NHTSA Form 1586--AV TEST Tracker eForm; NHTSA Form
1587--AV TEST Onboarding Form.
    Type of Request: Request for approval of a new information
collection.
    Type of Review Requested: Regular.
    Length of Approval Requested: Three years from the date of
approval.
    Summary of the Collection of Information: The U.S. Department of
Transportation (DOT), National Highway Traffic Safety Administration
(NHTSA) was established by Congress to save lives, prevent injuries,
and reduce economic costs due to motor vehicle crashes through
education, research, safety standards, and enforcement activity. DOT
and NHTSA are fully committed to reaching an era of crash-free roadways
through the deployment of innovative lifesaving technologies. The
prevalence of automotive crashes in the United States underscores the
urgency to develop and deploy lifesaving technologies that can
dramatically decrease the number of fatalities and injuries on our
Nation's roadways.
    NHTSA believes that Automated Driving System (ADS) technology,
including technology contemplating no human driver at all, has the
potential to significantly improve roadway safety in the United States.
This technology remains substantially in development phases with
companies across the United States performing varying levels of
development, research, and testing relating to the performance of
various aspects of ADS vehicle technologies. While much of these
development operations occur in private facilities and closed-course
test tracks, many stakeholders have progressed to conducting ADS
vehicle testing on public roads or in public demonstrations. Moreover,
to regulate such operations in their jurisdictions, many local
authorities, such as States and cities, have passed laws governing ADS
vehicle testing on public roads. These statutes, regulations, and
ordinances vary, ranging from operational requirements to mandating the
submission of periodic reports detailing ADS vehicle operation.
    Description of the Need for the Information and Proposed Use of the
Information: The AV TEST Initiative seeks to enhance public education
and engagement with public ADS vehicle testing by coalescing
information regarding respondents' various testing operations or
requirements into a centralized resource. This information collection
seeks voluntarily-provided information from entities performing ADS
testing about their operations and information from local authorities
about requirements or recommendations for such operations. NHTSA will
maintain a digital platform on its website that collects information
from respondents and makes the information about ADS operations and
applicable State and local requirements and recommendations available
to members of the public.
    The program will support two main objectives. The first objective
is to provide the public with access to geographic visualizations of
testing at the national, State, and local levels. This information will
be displayed on a graphic of the United States, with projects overlaid
on the geographic areas in which the testing project is taking place.
By clicking on a testing location, members of the public will be able
see additional information about the operation and the ADS operator.
Additional information may include basic information about the ADS
operator, a brief statement about the entity, specific details of the
testing activity, high-level (non-confidential) descriptions of the
vehicles and technology, photos of the test vehicles, the dates on
which testing occurs, frequency of vehicle operations, the number of
vehicles participating in the project, the specific streets or areas
comprising the testing routes,

information about safety drivers and their training, information about
engagement with the community and/or local government, weblinks to the
company's websites with brief introductory statements, and a link to
the company's Voluntary Safety Self-Assessment (VSSA).\1\
---------------------------------------------------------------------------

    \1\ Voluntary Self-Assessments are described in Automated
Driving Systems 2.0: A Vision for Safety, available at https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13069a-ads2.0_090617_v9a_tag.pdf. VSSAs are covered by the PRA Clearance
with OMB Control Number 2127-0723.
---------------------------------------------------------------------------

    The second objective is to provide members of the public with
information collected from States and local authorities that regulate
ADS operations. State and local authorities will be asked to provide
weblinks for specific ADS-related topics, such as statutes,
regulations, or guidelines for ADS operations, privacy-related issues,
emergency response policies and training, or other activities that
cultivate ADS testing. The implementation of this program will provide
a central resource for the aforementioned information concerning ADS
testing across the United States.
    Affected Public: There are two information collection components to
this request. The first affects entities engaged in testing of ADS
vehicles, including original manufacturers of ADS vehicles and ADS
vehicle equipment, and operators of ADS vehicles. The second affects
local authorities regulating testing of ADS vehicles within their
jurisdictions, including States, cities, counties, and other
municipalities.
    Estimated Number of Respondents: NHTSA anticipates that the
Initiative will include up to 60 State or local government respondents
and 40 private industry respondents (ADS developer, ADS vehicle
manufacturer, or ADS operator respondents) per year.
    Frequency: Participation is completely voluntary and each
participant will choose its respective degree of involvement and the
frequency of its submissions. Therefore, the frequency of a
participant's response may vary due to a variety of factors, such as
the degree of the entity's participation in the initiative or the
frequency with which each entity modifies its ADS testing operations
or, in the case of local authorities, amends its regulations governing
such operations.
    Number of Responses: Participation is completely voluntary and each
participation will choose the number and frequency of its submissions.
Therefore, the number of responses from a participant will vary due to
a variety of factors, such as the degree of the entity's participation
in the initiative or the frequency with which each entity modifies its
ADS testing operations or, in the case of local authorities, amends its
regulations governing such operations.
    Estimated Total Annual Burden Hours: NHTSA estimates that each
State or local participant will spend approximately 30 hours per year
providing information to the AV TEST Initiative and estimates that each
private industry participant will spend approximately 48 hours per year
providing information to the AV TEST Initiative. While NHTSA's estimate
for the burden hours per private industry participant remained the same
from the July 2, 2020 notice, NHTSA has increased the burden estimate
for State and local participants. Since publishing the original notice,
NHTSA conducted a pilot involving 9 State and local participants and 9
ADS operators. NHTSA's revised estimates are based upon direct work
with the participants in the pilot phase of the AV TEST Initiative. One
of the pilot participants, Maryland Department of Transportation, also
commented on the July 2 notice.
    Specific estimates provided by a majority of participants in the
initiative's pilot program confirmed NHTSA's original estimate that, on
average, private industry participants would spend approximately 48
hours per year, or 4 hours per month, on data entry for the AV TEST
Initiative. This estimate also factors in time for new participants to
learn how to use the data-entry platform and submit initial
information. While NHTSA's estimate for private industry participants
has remained 48 hours per year, NHTSA has revised its estimate for
State and local participants based on specific estimates provided by
pilot participants, as well as NHTSA's observation of pilot
participants in gathering and submitting data. Although the July 2
notice estimated that State and local participants would spend
approximately 10 hours per year on data submission to the AV TEST
Initiative, NHTSA now estimates the annual burden to be 30 hours per
participant.
    NHTSA estimates that the annual burden of participation will be
approximately 48 hours for private industry respondents that include
ADS operators, developers, or vehicle manufacturers. This total number
of hours represents approximately four hours per month to perform data
entry for testing projects (4 hours x 12 months = 48). Therefore, for
the estimated 40 private industry participants, the total burden is
estimated to be 1,920 hours per year (40 respondents x 48 hours).
    NHTSA estimates that the annual burden of participation will likely
be approximately 30 hours annually for State or local authorities. The
increase from 10 hours to 30 hours per year was based on specific
estimates provided by a majority of participants in the Initiative's
pilot program, including a public comment by Maryland Department of
Transportation.\2\ Therefore, for the estimated 60 State or local
authority participants, the total burden is estimated to be 1,800 hours
per year (60 respondents x 30 hours). The total annual burden for the
entire information collection request is estimated to 3,720 hours
(1,920 hours + 1,800 hours).
---------------------------------------------------------------------------

    \2\ This estimate takes into consideration Maryland Department
of Transportation's public comment to the 60-Day Notice and Request
for Comment: AV TEST Initiative (https://beta.regulations.gov/document/NHTSA-2020-0070-0006).
---------------------------------------------------------------------------

    The labor cost associated with this collection of information is
derived by (1) applying the appropriate average hourly labor rate
published by the Bureau of Labor Statistics, (2) dividing by either
0.701 \3\ (70.1%), for private industry workers, or 0.623 (62.3%), for
State and local government workers, to obtain the total cost of
compensation, and (3) multiplying by the estimated burden hours for
each respondent type.
---------------------------------------------------------------------------

    \3\ See Table 1. Employer Costs for Employee Compensation by
ownership (Dec. 2019), available at https://www.bls.gov/news.release/ecec.t01.htm (accessed May 4, 2020).
---------------------------------------------------------------------------

    Labor costs associated with original manufacturers of ADS vehicles
or ADS vehicle equipment and operators of ADS vehicles are estimated to
be $60.96 per hour for ``Project Management Specialists,'' Occupation
Code 13-1198, ($42.73 \4\ per hour / 0.701). The estimated labor cost
per private industry respondent is estimated to be $2,926.08 per year
($60.96 x 48 hours). Therefore, the total annual labor cost for private
industry to participate in the AV TEST Initiative is estimated to be
$117,043.
---------------------------------------------------------------------------

    \4\ See May 2019 National Industry-Specific Occupational
Employment and Wage Estimates, NAICS 336100--Motor Vehicle
Manufacturing, available at https://www.bls.gov/oes/current/naics4_336100.htm#15-0000 (accessed May 4, 2020).
---------------------------------------------------------------------------

    Labor costs associated with State and local authorities, such as
States, counties, and cities are estimated to be $60.84 per hour for
``Legal Support Workers,'' Occupation Code 23-2099, ($37.90 \5\ per
hour / 0.623). The labor cost per State and local respondent is

estimated to be $1,825.20 per year ($60.84 x 30 hours). Therefore, the
total annual labor cost for State and local authorities to participate
in the AV TEST Initiative is estimated to be $109,512 per year.
---------------------------------------------------------------------------

    \5\ See May 2019 National Occupational Employment and Wage
Estimates by ownership, Federal, state, and local government,
available at https://www.bls.gov/oes/current/999001.htm#23-0000
(accessed May 4, 2020).
---------------------------------------------------------------------------

    The total annual labor costs for all respondents, private industry
and State and local authorities together, are estimated to be $226,555
per year. See Table 1 below for a summary of estimated annual burden
hours and estimated labor costs.

                                          Table 1--Summary of Estimated Burden Hours and Estimated Labor Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Annual labor    Total annual      Total
                      Respondent type                           Number of     Annual hours   Labor cost per     cost per        estimated       annual
                                                               respondents   per respondent       hour         respondent     burden hours   labor costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Original Manufacturer of ADS Vehicles or ADS Vehicle                     40              48          $60.96       $2,926.08           1,920     $117,043
 Equipment and Operators of ADS Vehicles...................
State or Local Authority...................................              60              30           60.84        1,825.20           1,800      109,512
                                                            --------------------------------------------------------------------------------------------
    Total All Respondents..................................             100  ..............  ..............  ..............           3,720      226,555
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Cost: NHTSA estimates that there will
be no costs to respondents other than labor costs associated with
burden hours.
    Summary of Public Comments: On July 2, 2020, NHTSA published a
notice in the Federal Register Notice with a 60-day comment period
soliciting comments on the information collection (85 FR 39975). NHTSA
received a total of 20 comments from organizations and individuals. A
summary of the comments is provided below and is arranged by topic
area.
    Mandatory Data Collection and Evaluation of Submissions: Several
commenters, such as the National Transportation Safety Board (NTSB) and
the Center for Auto Safety, were opposed to the voluntary nature of the
Initiative. Although the commenters were in favor of NHTSA collecting
information about ADS testing, they believe that NHTSA should make the
submission of the information mandatory. Additionally, commenters
suggested that NHTSA require more specific information that would allow
NHTSA to evaluate the safety of the ADS testing.
    The objective of AV TEST Initiative is to provide members of the
public with a centralized database of high-level information about ADS
testing activities and State and local laws, recommendations, and
initiatives. It is, therefore, outside of the scope of the project to
make any reporting mandatory or to expand the collection to include
technical information or information that NHTSA would use to evaluate
the safety of ADS operations. NHTSA shares the commenters' view that
detailed technical material often provides valuable information and, in
fact, the agency frequently engages with industry participants
regarding technical aspects of their ADS development. Also, as noted in
Automated Driving Systems 2.0: A Vision for Safety, NHTSA encourages
ADS developers to make certain information available to members of the
public in Voluntary Self-Assessments (VSSAs). NHTSA has outlined 12
areas related to ADS safety and performance to be included in the
documents. Entities that choose to participate in AV TEST will be
presented with a data entry field to provide a link to their VSSA if
they have one and would like to include it with their AV TEST
submission.
    Data Standardization, Uniformity, and Completeness: Several
commenters urged NHTSA to take steps to standardize submissions,
including establishing standard terminology to increase uniformity of
submissions. NHTSA appreciates this comment and would like to highlight
a few of ways that NHTSA has designed the system to balance improving
the quality of data collection and maximizing participation.
    First, the AV TEST Initiative uses a data entry website that
provides a structured data collection environment for contributors.
Participating stakeholders are required to complete a minimum set of
data fields when submitting information.\6\ If a participant does not
fill in a required field, they will be prompted to complete it before
the submission can be sent to NHTSA for publication. Requiring certain
data elements ensures a minimum level of completion for each submission
and improves the quality of the data that is placed on the public
website. While certain data fields are required, others are not. This
allows the system to accommodate a wider range of ADS testing
operations, vehicles, and jurisdictions. One commenter, General Motors
LLC, advised that significant variance could exist for the types and
amounts of data maintained by companies. As such, NHTSA believes that
additional standardization of submission requirements or minimum
information thresholds for participation may unintentionally exclude
interested parties from participation.
---------------------------------------------------------------------------

    \6\ For a submission for an ADS operation, the required fields
include: Country, State/Province, City, Public or Private Road, Road
Type, Latitude and Longitude, Base Vehicle Type, Operation Status, a
field asking whether the vehicle has a safety operator, and a field
for the participant to indicate the type of operation (e.g.,
providing service).
---------------------------------------------------------------------------

    Second, NHTSA agrees with commenters who suggested providing
standard terminology and has integrated definitions for the requested
data elements into the AV TEST tracker to ensure participants have a
consistent understanding of the terminology being used by NHTSA. NHTSA
is also providing a list of terms and definitions on the public website
so that users can better understand the information presented.
    Third, NHTSA has designed the data entry website to use drop-down
options for many of the data fields to ensure greater uniformity across
submissions. For example, the data field for road type provides the
following drop-down options: freeway, highway, parking lot, rural,
street, business campus, path/sidewalk, university, unknown, or not
specified. NHTSA believes this feature will improve data uniformity
while providing sufficient flexibility for unique operations. For
features that do not have drop-down options, NHTSA has also taken steps
to minimize error. For example, the data field for number of vehicles
at a test site has character restrictions.
    Accessibility and Vulnerable Populations: Several organizations
submitted comments underscoring the potential impact of ADS
technologies on accessibility and mobility, as well as the impact on
children. Commenters suggested that NHTSA provide opportunity for
participants to submit information related to accessibility of ADS
operations as well as specific information related to the
transportation of children.
    NHTSA agrees with the comments and believes information about

engagement with the community is an integral part of the AV TEST
Initiative--particularly those with accessibility issues and members of
vulnerable populations. Currently, NHTSA does not restrict participants
from conveying this information, particularly for ADS test sites that
are available for public use. However, NHTSA will encourage
participants to provide information on accessibility and mobility for
those with special needs. NHTSA will do this by creating new categories
of weblinks that can be submitted to NHTSA. For example, NHTSA has
added a ``Disability or Accessibility'' category, just as it has done
for Emergency Response and VSSA information.
    Establish Sunset for AV TEST tracker: Maryland Department of
Transportation (MDOT) suggested NHTSA consider establishing a time to
sunset the AV TEST tracker to eliminate data collection redundancy.
NHTSA does not agree with MDOT's assertion that the AV TEST Initiative
would present a data collection redundancy for vehicles that comply
with all applicable FMVSS. In fact, some of the operations reported to
NHTSA during its pilot phase of the AV TEST Initiative are for ADS
operations involving the use of FMVSS-certified vehicles equipped with
ADS. The type of information that will be collected through the AV TEST
Initiative is not duplicative of data collected through NHTSA's
existing crash data systems because NHTSA crash data systems only
collect data on vehicles involved in crashes and vehicle-related deaths
and injuries. NHTSA does not currently have a mechanism to collect
information about ADS operations.
    However, NHTSA notes that data submitted as part of the AV TEST
Initiative may become stale. For example, because the AV TEST
Initiative is voluntary, an ADS operator could provide information on
an ADS operation and never update NHTSA when the operation is
completed. Although we will provide a mechanism for participants to
change the status of test sites from active to inactive or completed,
participants may not update the status of an operation. As the AV TEST
Initiative progresses, NHTSA will consider reaching out to program
participants about operations that has not been updated for an extended
period of time. In addition, we have provided participants the ability
to remove out-of-date information and archive the data, which removes
it from the AV TEST web page.
    Estimated Total Annual Burden Hours: MDOT estimates States will
spend more than 10 hours per year on supporting their AV TEST profiles.
While MDOT acknowledged that that the 10-hour estimate may be
appropriate for States solely focused on entering adopted legislation/
regulation information once or twice per year, MDOT expects to 120
hours responding to the AV TEST Initiative. MDOT stated that it will
update the AV TEST database for multi-modal transportation business
units and estimates it will need 10 hours per month for this exercise.
With respect to this subject, the Commercial Vehicle Safety Alliance,
whose members include many State and local jurisdictions, advised that
it ``deferred to its member jurisdictions'' on the burden presented by
this collection.
    NHTSA appreciates the comments on this topic and, in particular,
the level of investment in the AV TEST Initiative that MDOT's comment
anticipates and hopes that other participants will similarly dedicate
resources as necessary and appropriate to further the goals of the
program. The majority of participants in the pilot program estimated
that they have and will continue to allocate approximately 2-3 hours
per month to AV TEST related activities. Therefore, NHTSA calculates
that State and local organizations will dedicate approximately 2.5
hours per month, or 30 hours annually, on their submissions with
variances due to a range of factors, such as the availability of
resources or each entity's approaches to the program. Nevertheless,
NHTSA appreciates MDOT's comment that some jurisdiction participants
may dedicate more time than what NHTSA estimates for the average
participant.
    Categories of Eligible Participants: Valeo, an automotive supplier,
commented expressing a desire to participate in the program and share
information regarding its automated vehicle development activities.
Valeo specifically requested that NHTSA enable Tier 1 suppliers to
participate in the AV TEST Initiative in the future. Additionally, the
American Automobile Association (AAA) recommends that future versions
of the AV TEST Initiative web platform include information provided by
consumer and safety groups that evaluate vehicle technologies with the
goal of educating consumers on the safety benefits, capabilities, and
limitations of these applications.
    In response, NHTSA appreciates AAA and Valeo's comments and is
encouraged by the interest generated by the program at multifaceted
levels of the automotive industry and the public. NHTSA's original 60-
day notice contemplated that the collection could also include motor
vehicle equipment manufacturers, which could encompass Tier 1 suppliers
conducting AV test operations on public roads. As the AV TEST
Initiative progresses, NHTSA will evaluate opportunities to enhance the
scope of project and may consider allowing submission of information
from organizations engaged in evaluating emerging vehicle technologies.
    Number of Respondents: Several commenters expressed a concern that
the voluntary nature of AV TEST would minimize industry participation,
with one commenter believing that NHTSA's original estimate of at least
40 private participants was too high. Based on the number of entities
that have already expressed interest in participating, NHTSA continues
to anticipate that its estimate of 40 private participants is
realistic, with even higher levels of participation possible as AV TEST
becomes more established and entities engaged in ADS testing activities
increase.
    ADS Policy: NHTSA also received comments from safety advocates and
individual members of the public highlighting concerns regarding
driving automation. One comment stated that ``NHTSA should be focusing
on proven safety systems currently available that can prevent or
mitigate the crashes . . .'' such as a number of crash avoidance
technologies included in the NTSB's Most Wanted Lists of Transportation
Safety Improvements since 2016. Another commenter suggested that
vehicles equipped with ADS technologies should be removed from roadways
until NHTSA can ensure ``malware and terrorists cannot hack these
computers driven moving time bombs.'' In addition, one commenter
requested that ADS technology testing be limited to roadways that are
built solely for ADS-equipped vehicles rather than public roads.
    NHTSA appreciates the commenters' input and will keep this input in
mind when considering future approaches to ADS technologies.
    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 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) 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 appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; 49 CFR 1.49; and DOT Order 1351.29.

Chou-Lin Chou,
Associate Administrator, National Center for Statistics and Analysis.
[FR Doc. 2020-21417 Filed 9-28-20; 8:45 am]
BILLING CODE 4910-59-P