[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41861-41871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14938]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA NHTSA-2022-0060]


Agency Information Collection Activities; Notice and Request for 
Comment; Importation of Vehicles and Equipment Subject to the Federal 
Motor Vehicle Safety, Bumper, and Theft Prevention Standards

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

ACTION: Notice and request for comments on a revision of currently 
approved information collection request.

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SUMMARY: NHTSA invites public comments about our intention to request 
approval from the Office of Management and Budget (OMB) for a revision 
of a currently approved information collection. Before a Federal agency 
can 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 reinstatement of previously approved 
collections. This document describes a collection of information for 
which NHTSA intends to seek OMB approval regarding importation of 
vehicles and equipment subject to the Federal motor vehicle safety, 
bumper, and theft prevention standards.

DATES: Comments must be submitted on or before September 12, 2022.

ADDRESSES: You may submit comments identified by the Docket No. NHTSA-
2022-XXXX through any of the following methods:
     Electronic submissions: Go to the Federal eRulemaking 
Portal at http://www.regulations.gov. Follow the online instructions 
for submitting comments.
     Fax: (202) 493-2251.
     Mail or Hand Delivery: Docket Management, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-
140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except on Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number for this notice. 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 https://www.transportation.gov/privacy.
    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 Neil Thurgood, Office of Vehicle 
Safety Compliance (NEF-230), National Highway Traffic Safety 
Administration, West Building--4th Floor--Room W45-205, 1200 New Jersey 
Avenue SE, Washington, DC 20590. Mr. Thurgood's telephone number is 
(202) 366-0712. Please identify the relevant collection of information 
by referring to its OMB Control Number (2127-0002).

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 agencies 
concerning each proposed collection of information. The 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 
ask for 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 following proposed collection of 
information for which the agency is seeking approval from OMB.
    Title: Importation of Vehicles and Equipment Subject to the Federal 
Motor Vehicle Safety, Bumper, and Theft Prevention Standards.
    OMB Control Number: 2127-0002.
    Form Number(s): HS-7, HS-474, NHTSA Form 1481, NHTSA Form 1482, 
NHTSA Form 1483, NHTSA Form 1484.
    Type of Request: Revision.
    Type of Review Requested: Regular.
    Requested Expiration Date of Approval: 3 years from date of 
approval.
    Summary of the Collection of Information:
    This information collection request covers various collections 
needed for the administration of NHTSA's regulations governing the 
importation of motor vehicle and motor vehicle equipment. This 
information collection includes the declaration form required for the 
importation of all motor vehicles and regulated items of motor vehicle 
equipment and related information requests as well as information 
requirements for Registered Importers (RIs).
    Description of the Need for the Information and Proposed Use of the 
Information: This information collections described in this document 
are necessary to ensure that motor vehicles and items of motor vehicle 
equipment subject to the Federal motor vehicle safety, bumper and theft 
prevention standards are lawfully imported into the United States. The 
primary component of this information collection is the declaration 
requirement for the importation of motor vehicles and items of motor 
vehicle equipment. NHTSA's regulations at 49 CFR part 591 provide that 
no person shall import a motor vehicle or regulated item of motor 
vehicle equipment [e.g., tires, glazing, seat belts, etc.] unless the 
importer files a declaration.\1\ To be lawfully imported, the vehicle 
or equipment item must be covered by one of the boxes on the HS-7 
Declaration form and the importer must declare, subject to penalty for

[[Page 41862]]

making false statements, that the vehicle or equipment item is entitled 
to entry under the conditions specified on the form, including the 
provision of any supporting information or materials that may be 
required. This declaration is filed with U.S. Customs and Border 
Protection (Customs) on a paper copy of the HS-7 Declaration form, or, 
if the entry is made by a Customs House Broker, it can be made 
electronically using Customs' Automated Broker Interface (ABI) system. 
The ABI feeds into Custom's Automated Commercial Environment (ACE) 
system that tracts all of the HS-7 information. The HS-7 Declaration 
form has 14 boxes, each of which identifies a lawful basis for the 
importation of a motor vehicle or equipment item into the United 
States. The regulations require a declaration to be filed (on the HS-7 
Declaration Form) at the time a vehicle or item of motor vehicle 
equipment is imported that identifies, among other things, whether the 
vehicle or item of equipment was originally manufactured to conform to 
all applicable FMVSS, and if it was not, to state the basis for the 
importation of the vehicle or item of equipment. In calendar years 
2019, 2020, and 2021, there were 14,028,097; 12,509,672; and 12,754,348 
entries made under HS-7 Declarations filed with U.S. Customs and Border 
Protection, respectively.
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    \1\ 49 CFR 591.5.
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    In addition to the declarations, entries made under certain boxes 
on the HS-7 form are required to be accompanied by additional 
information. In some cases, the additional information is an additional 
form or statement accompanying the HS-7 form. However, in other cases, 
the entry can only be made after NHTSA has reviewed and approved an 
application or granted a petition, such as the petitions related to 
entry under NHTSA's Registered Importer program.
    As described in detail below, this request also covers several 
information collections related to the Registered Importer program. 
NHTSA relies on this information when approving and renewing RI 
registrations to better ensure that RIs are meeting their obligations 
under the statutes and regulations governing the importation of 
nonconforming vehicles and to allow the agency to make more informed 
decisions in conferring RI status on applicants and in permitting RI 
status to be retained by those currently holding registrations. This 
information also allows NHTSA to deny those lacking the capability to 
responsibly provide RI services and take enforcement action, such as 
suspending or revoking registrations, against RIs that have committed 
or are associated with those who have committed past violations of the 
vehicle importation laws.
    A more detailed description of this information collection is 
provided below and is broken down by the 14 boxes on the HS-7 form and 
the requirements for RIs.

HS-7 Declaration Form: Importation of Motor Vehicles and Motor Vehicle 
Equipment Subject to the Federal Motor Vehicle Safety, Bumper, and 
Theft Prevention Standards

1. Box 1: Importation of Vehicles at Least 25 Years Old or Equipment 
Not Subject to the Safety Standards

    Motor vehicles at least 25 years old and items of motor vehicle 
equipment manufactured on a date when no applicable FMVSS was effect 
may be lawfully imported without regard to compliance with the FMVSS. 
These vehicles and equipment items are declared under Box 1 on the HS-7 
Declaration form. In calendar years 2019, 2020, and 2021, there were, 
respectively, 2,515,742; 2,161,035; and 1,696,886 entries made for 
vehicles and equipment items imported under Box 1. The average for the 
last three years was 2,124,554.33. Using this estimate, NHTSA estimates 
that an average of 2,200,000 entries will be made under Box 1 in each 
of the next three years.

2. Box 2A: Importation of Conforming Vehicles and Equipment

    Vehicles and equipment that are originally manufactured to comply 
with all applicable Federal motor vehicle safety, bumper, and theft 
prevention standards, and that bear a label or tag certifying such 
compliance that is permanently affixed by the original manufacturer, 
are declared under Box 2A on the HS-7 Declaration form. Vehicles that 
are covered by exemptions under 49 CFR parts 555 and 586 are also 
imported under Box 2A. In 2019, 2020, and 2021 there were 8,517,969; 
7,497,561; and 8,172,429 entries made under Box 2A, respectively. The 
average number of entries made under Box 2A in the last three years was 
8,062,653. Based on this average, NHTSA estimates that number of 
entries made in each of the next three years under Box 2A will be, on 
average, 8,100,000.

3. Box 2B: Importation of Conforming Canadian-Market Vehicles for 
Personal Use

    A motor vehicle that is certified by its original manufacturer as 
complying with all applicable Canadian motor vehicle safety standards 
can be imported by an individual for personal use under Box 2B. To 
accomplish the entry, the importer must furnish Customs with a letter 
from the vehicle's original manufacturer confirming that the vehicle 
conforms to all applicable U.S. Federal motor vehicle safety, bumper, 
and theft prevention standards, or that it conforms to all such 
standards except for the labeling requirements of Standard Nos. 101 
Controls and Displays and 110 or 120, Tire Selection and Rims, and/or 
the requirements of Standard No. 108, Lamps, Reflective Devices, and 
Associated Equipment, relating to daytime running lamps. In 2019, 2020, 
and 2020 there were 1,740; 1,919; and 2,553 entries made under Box 2B, 
respectively. Although the average number of entries for the last three 
years was 2,070.67 entries per year, the number of Box 2B entries 
appears to be increasing. Accordingly, NHTSA estimates that, on 
average, 2,600 entries will be made under Box 2B in each of the next 
three years. As noted above, entries under Box 2B must be accompanied 
by a confirmation letter from the manufacturer of the vehicle. 
Accordingly, NHTSA estimates that in each of the next three years, 
2,600 requests will be made to manufacturers for confirmation letters 
and manufacturers will send 2,600 confirmation letters in response.

4. Box 3: Importation of Nonconforming Vehicles by Registered Importers

    A motor vehicle that does not conform to all applicable Federal 
Motor Vehicle Safety and Bumper Standards, but does conform to 
applicable Federal Theft Prevention Standards may be imported under Box 
3 if NHTSA has determined that the model and model year of the vehicle 
to be imported is eligible for importation because it can be modified 
to meet the standards. Generally, the National Traffic and Motor 
Vehicle Safety Act prohibits the importation into the United States of 
a motor vehicle manufactured on or after the date an applicable Federal 
motor vehicle safety standard (FMVSS) takes effect, unless the motor 
vehicle was manufactured in compliance with the standard and was so 
certified by its original manufacturer.\2\ Under one of the exceptions 
to this prohibition, found at 49 U.S.C. 30141, a nonconforming vehicle 
can be imported into the United States provided (1) NHTSA decides that 
the vehicle is eligible for importation, based on its capability of 
being modified to conform to all applicable FMVSS, and (2) it is 
imported by a registered importer (RI), or by a person who has a 
contract with an RI to bring the vehicle into conformity with all 
applicable

[[Page 41863]]

standards following importation. Regulations implementing this statute 
are found at 49 CFR parts 591 and 592. There are four information 
collection components for vehicles imported under Box 3: (1) HS-7 
Declaration Forms, (2) HS-474 Conformance Bond Forms; (3) Conformity 
Packages; and (4) Import Eligibility Petitions.
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    \2\ 49 U.S.C. 30112(a)(1).
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    A nonconforming vehicle that NHTSA has decided to be eligible for 
importation can be imported by an RI, or by a person who has a contract 
with an RI to modify the vehicle so that it conforms to all applicable 
FMVSS, under Box 3 on the HS-7 Declaration form. The volume of imports 
under Box 3 has greatly increased in recent years. In 2019, there were 
a total of 296,898 entries under Box 3. Of those entries, 298,767 were 
for Canadian-market vehicles and 131 were for vehicles for sale in 
other foreign markets. In 2020, there were a total of 228,256 entries 
under Box 3. Of those entries, 228,138 were for Canadian-market 
vehicles and 118 were for vehicles for sale in other foreign markets. 
In 2021, there were a total of 374,105 entries under Box 3. Of those 
entries, 374,001 were for Canadian-market vehicles and 104 were for 
vehicles for sale in other foreign markets. Based on these figures, the 
agency estimates that on average, 300,120 vehicles will be imported 
each year under Box 3, with 300,000 Canadian-market vehicles being 
imported and 120 vehicles for other foreign markets being imported. 
Entries made under Box 3 are required to be accompanied with a copy of 
the DOT Bond and, if applicable, a copy of the contract with the RI.
a. HS-474 Conformance Bond
    NHTSA's regulations also require an RI, among other things, to 
furnish a bond (on the HS-474 Conformance Bond form) at the time of 
entry for each nonconforming vehicle it imports, to ensure that the 
vehicle will be brought into conformity with all applicable safety and 
bumper standards within 120 days of entry or will be exported from, or 
abandoned to, the United States. A HS-474 Conformance Bond has to be 
furnished for each nonconforming vehicle imported under Box 3. Using 
NHTSA's estimate that, on average, 300,120 vehicles will be imported 
under Box 3 each year, NHTSA estimates that importers will also 
complete 300,120 HS-474 forms each year. In addition, the documents 
required for importation under Box 3, NHTSA also requires a statement 
of conformity to be submitted for each vehicle that was imported under 
Box 3.
b. Conformity Package
    After modifying the vehicle to conform to all applicable standards, 
the RI must submit a statement of conformity (NHTSA Form 1484) to 
NHTSA. After receiving the statement of conformity, NHTSA will issue a 
letter permitting the bond to be released if the agency is satisfied 
that the vehicle has been modified in the manner stated by the RI. The 
statement of conformity contains a check-off list on which the RI 
identifies the FMVSS and other agency requirements to which the vehicle 
conforms as originally manufactured and the FMVSS and other 
requirements to which the vehicle was modified to conform. The RI also 
attaches to the statement of conformity documentary and photographic 
evidence of the modifications that it made to the vehicle to achieve 
conformity with applicable standards. Collectively, these documents are 
referred to as a ``conformity package.'' A conformity package must be 
submitted for each nonconforming vehicle imported under Box 3. 
Therefore, NHTSA estimates that, on average, 300,120 conformity 
packages will be submitted each year for vehicles that were imported 
under Box 3. Each RI must also retain a copy of each conformity package 
for 10 years.
c. Import Eligibility Petition
    As previously noted, a motor vehicle that was not originally 
manufactured to comply with all applicable FMVSS cannot be lawfully 
imported into the United States on a permanent basis unless NHTSA 
decides that the vehicle is eligible for importation, based on its 
capability of being modified to conform to those standards. Under 49 
U.S.C. 30141, the eligibility decision can be based on the 
nonconforming vehicle's substantial similarity to a vehicle of the same 
make, model, and model year that was manufactured for importation into, 
and sale in the United States, and certified as complying with all 
applicable FMVSS by its original manufacturer. Where there is no 
substantially similar U.S.-certified vehicle, the eligibility decision 
must be predicated on the vehicle having safety features that are 
capable of being modified to conform to the FMVSS, based on destructive 
crash test data or such other evidence that the agency may deem 
adequate. The agency makes import eligibility decisions either on its 
own initiative, or in response to petitions filed by RIs. In 2019, 
NHTSA received 28 import eligibility petitions. Of these, 25 were for 
vehicles with substantially similar U.S.-certified counterparts and 3 
were for vehicles for which there were no substantially similar U.S. 
certified counterparts. In 2020, 8 import eligibility petitions were 
submitted to the agency. Of these, 4 were for vehicles with 
substantially similar U.S.-certified counterparts, and 4 were for 
vehicles for which there were no substantially similar U.S.-certified 
counterparts. In 2021, 11 import eligibility petitions were submitted 
to the agency. Of these, 9 were for vehicles with substantially similar 
U.S.-certified counterparts, and 2 were for vehicles for which there 
were no substantially similar U.S.-certified counterparts. Assuming 
this trend continues in future years, the agency estimates that roughly 
16 import eligibility petitions will be submitted each year, 13 of 
which will be for vehicles with substantially similar U.S.-certified 
counterparts and 3 petitions will be for vehicles lacking substantially 
similar U.S.-certified counterparts.

5. Box 4: Importation of Vehicles or Equipment Intended Solely for 
Export

    A nonconforming vehicle or equipment item that is intended solely 
for export, and bears a tag or label to that effect, can be entered 
under Box 4 on the HS-7 Declaration form. In 2019, 2020, and 2021, 
there were 13,797; 9,932, and 10,910 entries made under Box 4, 
respectively, for an average of 11,544.33. Based on this average, NHTSA 
estimates that, on average, there will be 12,000 entries under Box 4 in 
each of the next three years.

6. Box 5: Temporary Importation of Nonconforming Vehicles by 
Nonresidents of the United States

    Under an international convention to which the United States is a 
signatory, a nonresident of the United States may import a 
nonconforming vehicle for personal use, for a period of up to one year, 
provided the vehicle is not sold while in the United States and is 
exported no later than one year from its date of entry. These vehicles 
are entered under Box 5 on the HS-7 Declaration form. To enter a 
vehicle under Box 5, the importer must also furnish Customs with the 
importer's passport number and the name of the country that issued the 
passport. In 2019, 2020, and 2021, there were 324, 157, and 176 entries 
made under Box 5, respectively, for an average of 219 entries per year. 
Based on this average, NHTSA estimates that, on average, there will be 
220 entries made each year under Box 5.

[[Page 41864]]

7. Box 6: Temporary Importation of Nonconforming Vehicles by Foreign 
Diplomats

    A member of the personnel of a foreign government on assignment in 
the United States, or a member of the secretariat of a public 
international organization so designated under the International 
Organizations Immunities Act, and within the class of persons for whom 
free entry of motor vehicles has been authorized by the Department of 
State, may temporarily import a nonconforming vehicle for personal use 
while in the United States pursuant to 49 CFR 591.5(h)(1) if the 
importer: (1) is importing the motor vehicle on a temporary basis for 
personal use and will register it through the Office of Foreign 
Missions of the Department of State; (2) will not sell the vehicle to 
any person in the United States, other than a person who is eligible to 
import a vehicle under Box 6; and (3) will obtain from the Office of 
Foreign Missions of the Department of State, before departing the 
United States at the conclusion of a tour of duty, an ownership title 
to the vehicle good for export only. These vehicles are entered under 
Box 6 on the HS-7 Declaration form. The importer must attach to the 
declaration a copy of the importer's official orders and provide 
Customs with the name of the embassy to which the importer is attached. 
In 2019, 2020, and 2021, there were 33, 24, and 40 entries made under 
Box 6, respectively, for an average of 32.33 entries per year. Based on 
this average, NHTSA estimates that, on average, 40 entries will be made 
under Box 6 in each of the next three years.

8. Box 7: Temporary Importation of Nonconforming Vehicles and Equipment

    Certain vehicles and items of regulated motor vehicle equipment 
that do not conform with all applicable Federal motor vehicle safety 
standards may be imported under Box 7 for the purpose of research, 
investigations, demonstrations, training or competitive racing events. 
Under 49 U.S.C. 30114(a), NHTSA is authorized to exempt a motor vehicle 
or item of motor vehicle equipment for purposes of research, 
investigations, demonstrations, training, competitive racing events, 
show, or display. Such exemptions are made on such terms the agency 
decides are necessary from 49 U.S.C. 30112(a)(1), which prohibits the 
importation of nonconforming motor vehicles and items of motor vehicle 
equipment. Written permission from NHTSA is required to temporarily 
import a nonconforming motor vehicle or motor vehicle equipment item 
for one of the specified purposes unless the importer is a manufacturer 
of motor vehicles that are certified to the FMVSS. This information 
collection is being modified to reflect that NHTSA is requesting 
approval for a new information collection that will cover the 
information requirements associated with requesting permission to 
import a vehicle or item of equipment under box 7. With respect to Box 
7 entries, this information collection will now only cover the 
declaration form for Box 7 entries and, in the case that written 
permission is not required, the importer's written statement. Under 
Part 591, declarations for importation under Box 7 that do not require 
to be accompanied by a permission letter from NHTSA must be accompanied 
by the importer's written statement, or by entering in electronic 
format information contained in the statement, into the U.S. Customs 
and Border Protection electronic data collection system, describing the 
use to be made of the vehicle or equipment item. If use on the public 
roads is an integral part of the purpose for which the vehicle or 
equipment item is imported, the statement shall describe the purpose 
which makes such use necessary, state the estimated period of time 
during which use of the vehicle or equipment item on the public roads 
is necessary, and state the intended means of final disposition (and 
disposition date) of the vehicle or equipment item after completion of 
the purpose for which it is imported. In 2019, there were 12,444 
entries made under Box 7, of which 11,974 were made by certifying 
manufacturers not requiring permission from NHTSA and 470 were made by 
importers that received permission from NHTSA. In 2020, there were 
6,131 entries made under Box 7, of which 5,716 were made by certifying 
manufacturers not requiring permission from NHTSA and 415 were made by 
importers that received permission from NHTSA. In 2021, there were 
6,395 entries made under Box 7, of which 5,960 were made by certifying 
manufacturers not requiring permission from NHTSA and 435 were made by 
importers that received permission from NHTSA. Although there were, on 
average, 7,883.33 entries made under Box 7 in the last three years, 
NHTSA estimates that, on average, 10,000 entries will be made under Box 
7 in each of the next three years. NHTSA estimates that 10,000 will be 
entries made without permission from NHTSA and 500 entries will be made 
with permission from NHTSA.

9. Box 8: Importation of Off-Road Vehicles

    NHTSA regulates the importation of ``motor vehicles,'' which are 
defined, at 49 U.S.C. 30102, as vehicles that are driven or drawn by 
mechanical power and manufactured primarily for use on public streets, 
roads, and highways. Vehicles that are not primarily manufactured for 
on-road are not ``motor vehicles'' under this definition and are not 
subject to 49 U.S.C. 30112(a)(1) which prohibits the importation of 
motor vehicles that do not comply with all applicable FMVSS. Vehicles 
for off-road may, therefore, be imported without regard to their 
compliance with the FMVSS. These vehicles are entered under Box 8 on 
the HS-7 Declaration form. In 2019, 2020, and 2021 there were 673,323; 
843,864; and 1,119,305 entries made under Box 8, respectively, with an 
average of 878,830.67 entries per year. However, because the number of 
entries under Box 8 increased over the last three years, NHTSA 
estimates that, on average, 1,200,000 entries will be made under Box 8 
in each of the next three years. Declarations made under Box 8 must be 
accompanied by a statement substantiating the vehicle was not 
manufactured for use on the public roads, other than the equipment item 
was not manufactured for use on a motor vehicle or is not an item of 
motor vehicle equipment. Vehicles that may be imported under Box 8 
include those that are originally manufactured for closed circuit 
racing. Although approval from NHTSA is not needed to import a vehicle 
that was originally manufactured for racing purposes, the agency will 
issue a letter recognizing that the vehicle was manufactured for off-
road use if the importer requests the agency to do so. An application 
form that can be used to obtain such a letter is also posted to the 
agency's website at www.nhtsa.gov/cars/rules/import. In its last 
request for approval for this information collection, NHTSA estimated 
that it would receive approximately 13 applications each year. However, 
NHTSA received no applications to request letters recognizing that a 
vehicle was manufactured for off-road use in the years between 2017 and 
2022. Based on this fact, NHTSA is lowering its estimate of the number 
applications NHTSA expects to receive in each of the next three years 
to 10.

[[Page 41865]]

10. Box 9: Importation of Vehicles or Equipment Requiring Further 
Manufacturing Operations

    A motor vehicle or equipment item that requires further 
manufacturing operations to perform its intended function, other than 
the addition of readily attachable components such as mirrors or 
wipers, or minor finishing operations such as painting, may be entered 
under Box 9 on the HS-7 Declaration form. Declarations made under Box 9 
must be accompanied with documentation from the manufacturer. If the 
declaration is for a vehicle, it must be accompanied by a copy of the 
Incomplete Vehicle Document, issued by the incomplete vehicle 
manufacturer, providing guidance on completing the vehicle so that it 
conforms to all applicable FMVSS. For an item of equipment, the 
declaration must be accompanied by a statement issued by the item's 
manufacturer identifying the applicable FMVSS to which the item does 
not conform and describing the further manufacturing required for the 
item to perform its intended function. In 2019, 2020, and 2021 there 
were 85,015; 67,295; and 85,562 entries made under Box 9, respectively, 
with an average of 79,290.67 entries per year. NHTSA estimates that, on 
average, 90,000 entries will be made under Box 9 in each of the next 
three years.

11. Box 10: Importation of Vehicles for Show or Display

    Vehicles that have been granted exemption from NHTSA may be 
imported for purposes for show or display under Box 10. Under 49 U.S.C. 
30114(a), NHTSA is authorized to exempt a motor vehicle or item of 
motor vehicle equipment for purposes of research, investigations, 
demonstrations, training, competitive racing events, show, or display 
from 49 U.S.C. 30112(a)(1) which prohibits the importation of 
nonconforming motor vehicles and items of motor vehicle equipment. Such 
exemptions are made on such terms the agency decides are necessary. 
With written permission, vehicles that are deemed by NHTSA to have 
sufficient technological or historical significance that they would be 
worthy of being exhibited in car shows if they were brought to the 
United States are eligible for importation for purposes of show or 
display under Box 10 on the HS-7 Declaration form. This information 
collection is being modified to reflect that NHTSA is requesting 
approval for a new information collection that will cover the 
information requirements associated with obtaining an exemption for 
show or display. For vehicles imported for show or display, this 
information collection will now only cover the declaration form for Box 
10 entries. In 2019, 2020, and 2021 there were 30, 70, and 69 entries 
made under Box 10, respectively, with an average of 56.33 entries per 
year. Because the number of Box 10 entries has increased over the last 
three years, NHTSA estimates that, on average, 70 entries will be made 
under Box 10 in each of the next three years.

12. Box 11: Importation of Equipment Subject to the Theft Prevention 
Standard

    Items of motor vehicle equipment that are marked in accordance with 
the Theft Prevention Standard in 49 CFR part 541 may be entered under 
Box 11 on the HS-7 Declaration form. In 2019, 2020, and 2021 there were 
1,911,103; 1,693,295; and 1,285,783 entries made under Box 11, 
respectively, with an average of 1,630,060.33 entries per year. NHTSA 
estimates that, on average, 1,630,000 entries will be made under Box 11 
in each of the next three years.

13. Box 12: Temporary Importation of Nonconforming Vehicles by Foreign 
Military Personnel

    A member of the armed forces of a foreign country on assignment in 
the United States may temporarily import a nonconforming vehicle for 
personal use during the member's tour of duty under Box 12 on the HS-7 
Declaration form pursuant to 49 CFR 591.5(h)(2) if they: (1) import the 
vehicle on a temporary basis for personal use; (2) certify that they 
will not sell the vehicle to any person in the States other than to a 
person eligible to import a vehicle under Box 12; (3) export the 
vehicle upon departing the United States at the conclusion of their 
tour of duty; and (4) attach a copy of their official orders. In 2019, 
2020, and 2021 there were 139, 119, and 127 entries made under Box 12, 
respectively, with an average of 128.33 entries per year. Based on this 
average, NHTSA estimates that, on average, 130 entries will be made 
under Box 12 in each of the next three years.

14. Box 13: Importation of Vehicles to Prepare Import Eligibility 
Petitions

    Nonconforming vehicles may be imported with a declaration under Box 
13 for the purpose of preparing an import eligibility petition if the 
vehicle is imported by a registered importer that has received written 
permission from NHTSA to import the vehicle. RIs request permission to 
import vehicles under Box 13 to allow them to prepare a petition 
requesting that NHTSA determine that a particular make, model, and 
model year is eligible for importation under Box 3. In 2019, 2020, and 
2021 there were 6, 10 and 5 entries made under Box 13, respectively, 
with an average of 7 entries per year. Based on this average, NHTSA 
estimates that, on average, 7 entries will be made under Box 13 in each 
of the next three years.
    As noted above, a declaration under Box 13 must be accompanied by a 
permission letter from NHTSA. NHTSA has issued guidance to inform RIs 
that it will permit no more than two vehicles to be imported for the 
purpose of preparing an import eligibility petition. In 2019, 2020, and 
2021 NHTSA received 10, 4, and 3 applications for permission to import 
a vehicle under Box 13, respectively, with an average of 5.67 entries 
per year. Based on this average, NHTSA estimates that, on average, it 
will receive, on average, 6 applications for importation under Box 13 
in each of the next three years.

Information Collection Requirements for Registered Importers

    In addition, to the information collection requirements discussed 
above regarding the importation of vehicles by Registered Importers, 
NHTSA has four other information collections related to its Registered 
Importer program. The additional information collections for the RI 
program include (1) information collected from applicants seeking 
status as RIs; (2) annual reporting requirements for RIs to retain 
their status; (3) recordkeeping requirements for RIs who issue 
conformity statement for modified vehicles; and (4) requests sent to 
manufacturers, in connection with the RI program, regarding compliance 
with FMVSS No. 138, Tire Pressure Monitoring Systems. The first three 
information collections affect applicants seeking status as RIs and 
existing RIs seeking to renew their registrations. The fourth affects 
manufacturers of Canadian-certified vehicles.
    Under 49 U.S.C. 30141, a motor vehicle that was not originally 
manufactured to comply with all applicable FMVSS may not be lawfully 
imported into the United States on a permanent basis unless (1) NHTSA 
decides it is eligible for importation, based on its capability of 
being modified to conform to all applicable FMVSS and (2) it is 
imported by an RI or by a person who has a contract with an RI to 
modify the vehicle so that it complies with all applicable FMVSS 
following importation. 49 U.S.C. 30141(c) authorizes NHTSA to 
establish, by regulation, procedures for registering

[[Page 41866]]

RIs. Those regulations are found in 49 CFR part 592.

1. Information Collected From Applicants

    Under the terms of the regulations in part 592, an applicant for RI 
status must submit to the agency information (NHTSA Form 1481) that 
identifies the applicant, specifies the manner in which the applicant's 
business is organized (i.e., sole proprietorship, partnership, or 
corporation), and, depending on the form of organization, identifies 
the principals of the business. The application must also state that 
the applicant has never had a registration revoked and identify any 
principal previously affiliated with another RI. The application must 
also provide the street address and telephone number in the United 
States of each facility for the conformance, storage, and repair of 
vehicles that the applicant will use to fulfill its duties as an RI, 
including records maintenance, and the street address in the United 
States that it designates as its mailing address. The applicant must 
also furnish a business license or other similar document issued by a 
State or local authority authorizing it to do business as an importer, 
seller, or modifier of motor vehicles, or a statement that it has made 
a bona fide inquiry and is not required by any State or local authority 
to maintain such a license. The application must also set forth 
sufficient information to allow the Administrator to conclude that the 
applicant (1) is technically able to modify nonconforming vehicles to 
conform to applicable Federal motor vehicle safety and bumper 
standards, (2) owns or leases one or more facilities sufficient in 
nature and size to repair, conform, and store the vehicles for which it 
furnishes statements of conformity to NHTSA, (3) is financially and 
technically able to provide notification of and a remedy for a 
noncompliance with an FMVSS or a defect related to motor vehicle safety 
determined to exist in the vehicles it imports, and (4) is able to 
acquire and maintain information on the vehicles that it imports and 
the owners of those vehicles so that it can notify the owners if a 
safety-related defect or noncompliance is determined to exist in such 
vehicles. The application must also contain a statement that the 
applicant will abide by the duties of an RI and attest to the 
truthfulness and correctness of the information provided in the 
application. A brochure containing sample documents that an applicant 
may use in applying to become an RI is posted to the agency's website 
at https://www.nhtsa.gov/importing-vehicle/registered-importers#for-importers. In 2019, 2020 and 2021 NHTSA received 17, 14, and 18 
applications for RI status, respectively, with an average of 16.33 
applications submitted each year. Based on these figures, the agency 
estimates that it will receive 17 applications for RI status in each of 
the next three years.

2. Annual Reporting Requirement for Existing Registered Importers

    To maintain registration, each RI must file an annual statement 
(NHTSA Form 1482) affirming that all information it has on file with 
the agency remains correct and that it continues to comply with the 
requirements for being an RI. Formats that existing RIs may use to 
renew their registrations are included in a newsletter sent 
electronically to each RI before the renewal is due and posted to the 
agency's website at https://www.nhtsa.gov/importing-vehicle/registered-importers#for-importers. In 2019, 2020, and 2021 NHTSA received 109, 
115, and 111 renewal packages from existing RIs, respectively, with an 
average of 111.67 applications submitted each year. Because the number 
of renewal packages received has increased over the last three years, 
the agency estimates that it will receive 121 renewal packages in each 
of the next three years.

3. Notification of Business Change

    Under 49 CFR 592.6(l), each RI must ensure that it notifies NHTSA 
in writing of any changes that occur in the information which was 
submitted in its registration application not later than the 30th 
calendar day after the change. An RI submits this notification using 
NHTSA Form 1483. In calendar years 2019, 2020, and 2021, NHTSA received 
86, 78, and 61 such notifications, respectively, which reflects an 
annual average of approximately 75 notifications. NHTSA estimates that 
it will receive 75 notifications of RI business changes in each of the 
next three years.

4. Recordkeeping Requirements for Registered Importers

    NHTSA's regulations, at 49 CFR 592.6(b), require RIs to maintain 
and retain certain specified records for each motor vehicle for which 
it furnishes a certificate of conformity to NHTSA, for a period of 10 
years from the vehicle's date of entry. As described in the 
regulations, those records must consist of ``correspondence and other 
documents relating to the importation, modification, and substantiation 
of certification of conformity to the Administrator.'' The regulations 
further specify that the records to be retained must include (1) a copy 
of the HS-7 Declaration Form furnished for the vehicle at the time of 
importation, (2) all vehicle or equipment purchase or sales orders or 
agreements, conformance agreements with importers other than RIs, and 
correspondence between the RI and the owner or purchaser of each 
vehicle for which the RI furnishes a certificate of conformity to 
NHTSA, (3) the last known name and address of the owner or purchaser of 
each vehicle for which the RI furnishes a certificate of conformity, 
and the vehicle identification number (VIN) of the vehicle, and (4) 
records, both photographic and documentary, reflecting the 
modifications made by the RI, which were submitted to NHTSA to obtain 
release of the conformance bond furnished for the vehicle at the time 
of importation.\3\ The latter records are referred to as a ``conformity 
package.'' Most conformity packages submitted to the agency covering 
vehicles imported from Canada are comprised of approximately six sheets 
of paper (including a check-off sheet identifying the vehicle and the 
standards that it was originally manufactured to conform to and those 
that it was modified to conform to, a statement identifying the recall 
history of the vehicle, a copy of the HS-474 conformance bond covering 
the vehicle, and a copy of the mandatory service insurance policy 
obtained by the RI to cover its recall obligations for the vehicle). In 
addition, most conformity packages include photographs of the vehicle, 
components that were modified or replaced to conform the vehicle to 
applicable standards, and the certification labels affixed to the 
vehicle. In 2019, 2020, and 2021 there were 112, 121, and 121 active 
RIs, respectively. Based on this information, NHTSA estimates that 
there will be 121 active RIs in each of the next three years.
---------------------------------------------------------------------------

    \3\ 49 CFR 592.6(b)(1) through (b)(4).
---------------------------------------------------------------------------

5. Information From Vehicle Manufacturers Regarding FMVSS No. 138 
Compliance

    As explained above, many of the vehicles determined to be eligible 
for importation under Box 3 are Canadian-market vehicles. Vehicles that 
are certified by its original manufacturer as complying with all 
applicable Canadian motor vehicle safety standards are one category 
that may be lawfully imported under Box 3, provided the vehicle was 
originally manufactured to comply with the U.S. version of any safety 
standard for which there is no Canadian counterpart or that differs 
from the

[[Page 41867]]

Canadian version of the standard. One standard adopted by the United 
States that has not been adopted by Canada is FMVSS No. 138, ``Tire 
Pressure Monitoring Systems (TPMS).'' To assist Registered Importers in 
selecting vehicles that are eligible for importation, NHTSA publishes 
an RI Newsletter that lists Canadian-certified vehicles that were not 
originally manufactured to comply with FMVSS No. 138 and are therefore 
not eligible for importation into the United States. To aid in 
assembling this list, the agency requests information from the 20 major 
manufacturers that manufacture vehicles certified to the Canadian motor 
vehicle safety standards and offer substantially similar vehicles in 
the United States.
    Affected Public: With regard to the HS-7 Declaration form, likely 
respondents include any private individual or commercial entity 
importing into the United States a vehicle or item of motor vehicle 
equipment subject to the Federal motor vehicle safety standards. There 
are also specific information collection for registered importers.
    Estimated Number of Respondents: It is difficult to estimate, with 
reliability, the absolute number of respondents; however, that number 
would include: (1) the 121 RIs who are currently registered with NHTSA 
and import nonconforming vehicles under Boxes 3 and 13; (2) the 
estimated 2,600 individuals who will import Canadian-certified vehicles 
for personal use under Box 2B in each of the next three years; (3) the 
several hundred original manufacturers who import conforming motor 
vehicles and equipment items under Box 2A; nonconforming vehicles or 
equipment intended for export under Box 4; nonconforming vehicles and 
equipment on a temporary basis for purposes of research, 
investigations, or other reasons specified under Box 7; vehicles and 
equipment requiring further manufacturing operations under Box 9; and 
equipment subject to the Theft Prevention Standard under Box 11; (4) 
the several hundred dealers, distributors, and individuals who import 
off-road vehicles such as dirt bikes and all-terrain vehicles or ATVs, 
as well as other vehicles that are not primarily manufactured for on-
road use under Box 8; and the several hundred nonresidents of the 
United States and foreign diplomatic and military personnel who 
temporarily import nonconforming vehicles for personal use under Boxes 
5, 6, and 12. Using current entry information, NHTSA estimates that if 
every declaration (covering one or more entries) is submitted by a 
unique company or individual, the number of respondents for the HS-7 
portion of the collection will be 6,257,145. The following Table 
includes estimates of the number of respondents for each of the 12 
information collections.

                     Table 1--Number of Respondents
------------------------------------------------------------------------
                                                             Number of
                 Information collection                     respondents
------------------------------------------------------------------------
HS-7 Declarations.......................................       6,257,145
Box 2B: Letters Requesting Confirmation from                       2,600
 Manufacturers..........................................
Box 2B: Confirmation Letters from Manufacturers.........           2,600
HS-474 Forms for Box 3 Declarations.....................             121
Box 8: Request Letters..................................              10
Box 13: Request Letters.................................               6
RI Applications.........................................              17
RI Renewal..............................................             121
Conformity Packages.....................................             121
Retention of RI Conformity Packages.....................             121
Import Eligibility Petitions............................              16
Requests to Manufacturers Regarding Compliances of                    20
 Canadian-Market Vehicles with FMVSS No. 138............
                                                         ---------------
    Total...............................................       6,262,908
------------------------------------------------------------------------

    Frequency: All information collections discussed in this document 
are collected on an as-needed basis except for the annual reporting 
requirement for Registered Importers.
    Estimated Total Annual Burden Hours: To calculate the total burden 
hours associated with this information collection request, NHTSA 
estimated (1) the total number of declarations that will be filed, the 
total number of each type of supplemental document that will be filed 
with declarations, the total number of requests that will be made and, 
as applicable, responded to obtain documentation needed to import 
vehicle and equipment; and (2) the number of submissions for different 
collections that are part of the RI program. NHTSA then multiplied the 
total number of submissions by the average estimated burden time for 
each type of submission.

1. Declarations and Supplemental Documentation To Accompany 
Declarations

    As stated above, NHTSA estimates the number of entries to be made 
with HS-7 declarations in each of the next three years to be 2,200,000 
under Box 1; 8,100,000 under Box 2A; 2,600 under Box 2B; 300,120 under 
Box 3; 12,000 under Box 4; 220 under Box 5; 40 under Box 6; 10,500 
under Box 7; 1,200,000 under Box 8; 90,000 under Box 9; 70 under Box 
10; 1,630,000 under Box 11, 130 under Box 12; and 7 under Box 13. 
Therefore, NHTSA estimates that there will be a total of 13,845,807 
entries made in each of the next three years.
    NHTSA estimates that it takes approximately 5 minutes to fill out 
each declaration not including any supplemental information. The number 
of entries, however, is not equal to the number of declarations filed 
because multiple entries can be made using a single declaration form. 
This practice is most common for entries of vehicles and equipment 
under Box 2A. NHTSA estimates that the overwhelming majority of 
vehicles entered under Box 2A are imported by original manufacturers. 
These manufacturers do not file a separate HS-7 Declaration form for 
each conforming vehicle or item of equipment they import under Box 2A. 
Instead, they furnish NHTSA with a single declaration form, on a 
monthly basis, to which they attach a list of all vehicles, identified 
by make, model, model year, and vehicle identification number (VIN) and 
equipment, that were imported under Box 2A during that month. In this 
manner, it is not unusual for a single HS-7 Declaration form to be 
filed with the agency to cover the entry of many thousands of vehicles. 
NHTSA assumes that 90 percent of the vehicles imported and equipment 
under Box 2A will be imported in this manner, and that a manufacturer 
will, on average, report the entry of 5,000 vehicles or items of 
equipment on a single Declaration form. For the estimated 8,100,000 
entries that will be made in the next three years, NHTSA estimates that 
90% or 7,290,000 will be made by large manufacturers who will submit 
one declaration for, on average, 5,000 vehicles or items of equipment. 
Therefore, for these 7,290,000 entries, NHTSA estimates that there will 
only be 1,458 HS-7 declarations filed 7,290,000 / 5,000). Accordingly, 
NHTSA estimates that there will be 811,458 Box 2A declarations filed in 
each of the next three years (1,458 + 810,000).
    For all other entries, NHTSA estimates that individual declaration 
forms will be used, and it will take approximately 5 minutes to 
complete each declaration form, not including additional information. 
Accordingly, NHTSA estimates that 6,257,145 individual declaration 
forms will be filed and the burden with the declarations will be 
521,429 hours ((6,257,145 x 5 minutes) / 60 min./hr. = 521,228.75 
hrs.). However, some declarations are estimated to take a little

[[Page 41868]]

longer if they require the submission of any supplemental 
documentation.
    As explained above, in additional to the HS-7 Declaration Form, 
importations of some motor vehicles and motor vehicle equipment require 
supplementation documentation to be submitted with the HS-7 Form at the 
time of entry. The required supplemental documentation includes: copies 
of manufacturer's confirmation letters for entries under Box 2B; copies 
of contracts with registered importers, as applicable for entries under 
Box 3; copies of official orders for entries under Box 6; statements 
made by certifying manufacturers or copies of permissions letters from 
NHTSA, as applicable for entries under Box 7; substantiating statements 
accompanying entries under Box 8; copies of incomplete vehicle 
documents for vehicles or a statement from the manufacturer for 
equipment imported under Box 9; copies of NHTSA permission letters for 
entries under Box 10; copies of official orders for entries under Box 
12; and copies of NHTSA permission letters for entries under Box 13. 
Although many entries require submission of supplemental documentation, 
production of many of these documents is not expected to increase 
burden on respondents beyond the burden associated with the declaration 
because it merely requires production of documents the importer already 
has or NHTSA or another entity has provided the document, such as when 
entry must be accompanied by a NHTSA permission letter and the burden 
for requesting the document is accounted elsewhere. Of these 
supplemental documents, only the following are expected to increase 
burden associated with completing the HS-7 Declaration: statements made 
by certifying manufacturers for entries under Box 7 and substantiating 
statements accompanying entries under Box 8.
    NHTSA estimates that in each of the next three years there will be 
approximately 10,000 entries under Box 7 for vehicles imported for 
research, investigations, demonstrations, or training by manufacturers 
of motor vehicles that are certified as complying with all applicable 
FMVSS. As explained above, these entries are required to be accompanied 
by a statement from the manufacturer. NHTSA estimates that preparation 
of this accompanying statement will take no more than 5 minutes. 
Therefore, NHTSA estimates the total burden associated with preparing 
accompanying statements for Box 7 entries to be 833 hours ((10,000 
entries x 5 minutes) / 60 min./hr. = 833.33 hours)).
    NHTSA estimates that in each of the next three years there will be 
approximately 1,200,000 entries made under Box 8 for vehicles not 
originally manufactured for use on public roads and equipment that is 
not for use in motor vehicles. Entries under Box 8 must be accompanied 
by a statement substantiating that the vehicle was not manufactured 
primarily for use on public roads and is not a motor vehicle subject to 
the FMVSS or a statement substantiating that the equipment item is not 
a system, part, or component of a motor vehicle and therefore not an 
item of motor vehicle equipment. NHTSA estimates that preparation of 
this accompanying statement will take no more than 5 minutes. 
Therefore, NHTSA estimates the total burden associated with preparing 
accompanying statements for Box 8 entries to be 100,000 hours 
(1,200,000 entries x 5 minutes) / 60 min./hr. = 100,000 hours)).
    Accordingly, NHTSA estimates that the total burden associated with 
the estimated 6,257,145 HS-7 declarations that will be submitted each 
year is approximately 622,262 hours (521,428.75 + 833.33 hours +100,00 
hours = 622,262.08 hours).

2. Requests for Manufacturer Confirmation Letters for 2B Entries

    As explained above, before certain vehicles or equipment may be 
imported into the U.S. the importer must obtain permission from NHTSA 
or obtain documentation from the vehicle or equipment's manufacturer. 
To account for the burden associated with these requests, NHTSA has 
estimated the number of each requests that will be made in each of the 
next three years and, as applicable, the burden associated with 
responding to those requests. The following are different information 
collections associated with obtaining documentation required before 
importing vehicles into the U.S.: requests and responses to requests 
for manufacturer's confirmation letters for entries under Box 2B; 
requests for permission from NHTSA for entries under Box 7; requests 
for confirmation from NHTSA that a vehicle qualifies for entry under 
Box 8; requests for permission from NHTSA for entries under Box 10; and 
requests for permission from NHTSA for entries under Box 13. As 
explained above, NHTSA is requesting approval for a new information 
collection that will cover requests for permission for entry under Box 
7 and 10 and, therefore, those requests will no longer be covered by 
this ICR.
    As described above, NHTSA estimates that there will be 2,600 
entries under Box 2B in each of the next three years. Accordingly, 
NHTSA also estimates that importers will send 2,600 requests to 
manufacturers for confirmation that the vehicle was certified as 
conforming to all applicable Canadian motor vehicle safety standards 
and conforms with all applicable U.S. Federal Motor Vehicle Safety, 
Bumper, and Theft Prevention Standards (or that it conforms to all such 
standards except for the labeling requirements of Standard Nos. 101 and 
110 or 120, and/or the specifications of Standard No. 108 relating to 
daytime running lamps). NHTSA estimates that submitting such responses, 
which include information about the importer and the vehicle, will take 
no more than 5 minutes. Therefore, NHTSA estimates the total burden 
associated with requesting manufacturer confirmation letters to be 
submitted with Box 2B entries will be 217 hours ((2,600 requests x 5 
minutes) / 60 min./hr. = 216.66 hours)).

3. Confirmation Letters From Manufacturers for Box 2B Entries

    NHTSA also estimates that manufacturers will send 2,600 
confirmation letters in response to requests for confirmation that the 
vehicle was certified as conforming to all applicable Canadian motor 
vehicle safety standards and conforms with all applicable U.S. Federal 
Motor Vehicle Safety, Bumper, and Theft Prevention Standards (or that 
it conforms to all such standards except for the labeling requirements 
of Standard Nos. 101 and 110 or 120, and/or the specifications of 
Standard No. 108 relating to daytime running lamps). NHTSA estimates 
that responding to such requests will take no more than 10 minutes. 
Therefore, NHTSA estimates the total burden associated with requesting 
and producing manufacturer confirmation letters to be submitted with 
Box 2B entries will 433 hours ((2,600 requests x 10 minutes) / 60 min./
hr. = 433.33 hours)).

4. Box 8 Request Letters

    NHTSA estimates that in each of the next three years, NHTSA will 
receive approximately 10 requests from importers for letters from NHTSA 
confirming that the vehicle they seek to import qualifies under Box 8 
as a vehicle that was not manufactured primarily for use on the public 
roads. NHTSA estimates that it will take approximately 5 minutes to 
fill out the form to request such confirmation from

[[Page 41869]]

NHTSA. Therefore, NHTSA estimates that the burden associated with Box 8 
requests will be 1 hour per year. ((10 requests x 5 minutes) / 60 min./
hr. = .83 hours)).

5. HS-474 Forms To Accompany Box 3 Entries

    NHTSA estimates that in each of the next three years there will be 
approximately 310,120 entries made under Box 3 that will be accompanied 
by HS-474 Forms. NHTSA estimates that completion of the HS-474 Form 
takes approximately 6 minutes. Therefore, the burden associated with 
completion of the forms is estimated to be 30,012 hours per year 
(300,120 HS-474 Forms x 6 minutes) / 60 min./hr. = 30,012 hours)).

6. Box 13 Request Letters

    NHTSA estimates that in each of the next three years, NHTSA will 
receive approximately 6 requests from RIs for permission to import a 
vehicle under Box 13 that does not conform to all applicable FMVSS and 
Bumper Standards conforms to applicable Federal Theft Prevention 
Standards and that RI has petitions or will petition NHTSA for a 
determination that the vehicle is eligible for importation. NHTSA 
estimates that submitting each request will take approximately 5 
minutes and the total burden associated with submitting Box 13 requests 
will be 1 hour per year. (6 Requests Letters x 5 minutes) / 60 min./hr. 
= .5 hour)).

7. Registered Importer Applications

    In order for an entity to gain status as a RI, it must first submit 
an application package to NHTSA. NHTSA estimates that it will take up 
to ten hours to compile and assemble the material needed to support a 
single application. As explained above, NHTSA estimates that it will 
receive 17 applications in each of the next three years from entities 
seeking to become RIs. Therefore, the agency estimates that 170 hours 
will be expended in this activity for each of the next three years (17 
applications x 10 hours).

8. Registered Importer Annual Reports

    Once an entity becomes a RI, it must submit annual reports to 
retain its status as an RI. NHTSA estimates that 121 RIs will submit 
the required information each year and estimates that each submission 
will take approximately 2 hours. Therefore, NHTSA estimates the total 
burden associated with RI renewal reporting to be 242 hours (121 
renewals x 2 hours).

9. Registered Importer Notification of Business Change

    Each RI must ensure that it notifies NHTSA in writing of any 
changes that occur in the information which was submitted in its 
registration application not later than the 30th calendar day after the 
change. NHTSA estimates that RIs will submit a total of 75 such 
notifications in each of the next three years, and that each submission 
will take approximately 10 hours. Therefore, NHTSA estimates the total 
burden associated with notifications of business changes to be 750 
hours (75 applications x 10 hours).

10. Conformity Packages

    Once an entity becomes an RI, it may begin importing nonconforming 
vehicles under Box 3. For each vehicle imported under Box 3, the RI 
must submit a conformity package to NHTSA certifying that the vehicle 
has been brought into compliance with all applicable Federal motor 
vehicle safety and bumper standards, supported by photographic and 
documentary evidence of the modification performed to achieve 
conformity. Because the Canadian motor vehicle safety standards are 
identical in most respects to the FMVSS, there are relatively few 
modifications that need to be performed on a Canadian-certified vehicle 
to conform it to the FMVSS and the conformity packages that are 
submitted on these vehicles are considerably less comprehensive than 
those submitted for vehicles from Europe, Japan, and other foreign 
markets. The agency estimates that it would take the average RI no more 
than 30 minutes to collect information for, and assemble, a conformity 
package for a Canadian-certified vehicle. NHTSA estimates that in each 
of the next three years, it will receive conformity packages for 
approximately 300,000 Canadian-market vehicles imported under Box 3. 
Therefore, NHTSA estimates the burden associated with these conformity 
packages to be 150,000 hours (300,000 conformity packages x .5 hours).
    Generally, more modifications are needed to conform a non-Canadian 
vehicle to the FMVSS. To properly document these modifications, more 
information must be included in the conformity package for a non-
Canadian vehicle than is required for a Canadian-certified vehicle. The 
agency estimates that it would take an RI approximately twice as long, 
or roughly one hour, to compile information for, and assemble, a 
conformity package for a typical non-Canadian vehicle. NHTSA estimates 
that in each of the next three years, it will receive conformity 
packages for approximately 120 vehicles imported under Box 3 that are 
not Canadian-market vehicles. Therefore, NHTSA estimates the burden 
associated with these conformity packages to be 120 hours (120 
conformity packages x 1 hour).
    Accordingly, NHTSA estimates the total burden associated with 
conformity packages is approximately 150,120 hours (150,000 hours + 120 
hours).

11. Retention of Conformity Packages

    Beginning in March of 2020, 100% of conformity packages submitted 
to the agency have been submitted electronically. The additional burden 
imposed by a requirement to store electronic records that were already 
required to be prepared electronically is negligible.

12. Eligibility Petitions

    RIs that are interested in importing a particular model of vehicle 
under Box 3 that is not currently eligible to import may petition NHTSA 
for a determination that the vehicle is eligible for importation 
because it can be modified to meet the Federal standards. The agency 
estimates that it would take the typical RI that petitions the agency 
roughly two hours to complete the paperwork associated with the 
submission of a petition for a vehicle that has a substantially similar 
U.S.-certified counterpart, and roughly twice as long, or four hours, 
to complete the paperwork associated with the submission of a petition 
for a vehicle that lacks a substantially similar U.S.-certified 
counterpart. NHTSA estimates that in each of the next three years it 
will receive 13 import eligibility petitions for vehicles that have a 
substantially similar U.S.-certified counterpart and 3 petitions for 
vehicles that do not have a substantially similar U.S.-certified 
counterpart. Therefore, NHTSA estimates the burden associated with 
these petitions to be 38 hours, consisting of 26 hours (13 petitions x 
2 hours) and 12 hours (3 petitions x 4 hours) for vehicles with a 
substantially similar counterpart and for those without, respectively.

13. Requests to Manufacturers Regarding Compliance With FMVSS No. 138

    As explained above, to assist Registered Importers in selecting 
vehicles that are eligible for importation, NHTSA requests information 
from the 20 major manufacturers that manufacture vehicles certified to 
the Canadian motor vehicle safety standards and offer

[[Page 41870]]

substantially similar vehicles in the United States about compliance 
with FMVSS No. 138. These manufacturers are asked to identify, by model 
and model year, such vehicles that were not originally manufactured 
with a TPMS that met FMVSS No. 138, or for which a FMVSS No. 138-
compliant TPMS was only available as optional equipment. NHTSA 
estimates that it takes each of these manufacturers two hours to 
prepare the requested list, resulting in an annual expenditure for the 
entire industry of 40 hours to comply with the agency's requests.
Labor Costs
    NHTSA estimates the annual labor cost associated with the burden 
hours for the collections using an appropriate average hourly labor 
rate for clerical personnel, primarily licensed customs brokers, who 
will be filing the HS-7 Declaration and related documentation and 
accounting for non-wage compensation. NHTSA calculated a loaded hourly 
labor cost by (1) using the average hourly wage of $38.10 for 
``Business Operations Specialists, All Other,'' Occupation Code 13-
1199, published by the Bureau of Labor Statistics,\4\ (2) dividing by 
0.704 (70.4%) to obtain the total compensation rate for private 
industry workers,\5\ and (3) multiplying by the estimated labor hours. 
Therefore, the hourly burden cost associated with the burden hours is 
estimated to be $54.10 and the total labor cost associated with the 
798,534 hours is $43,216,664.59. The estimated burden hours and 
associated labor costs are shown in Table 2 below.
---------------------------------------------------------------------------

    \4\ May 2021 National Occupational Employment and Wage 
Estimates, United States. Business Operations Specialists, All 
Other, Occupation Code 13-1199. https://www.bls.gov/oes/2021/may/oes_nat.htm. Accessed May 6, 2022.
    \5\ See Table 1 at https://www.bls.gov/news.release/archives/ecec_06172021.pdf. Accessed May 6, 2020.

                                                Table 2--Estimated Labor Hours and Associated Labor Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Total labor
      Information collection           Number of responses       Average burden per    Hourly labor      cost per      Total labor cost    Total burden
                                     (number of respondents)          response             cost          response                              hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
HS-7 Declaration..................      6,257,145 (6,257,145)  5.97 minutes.........          $54.12           $5.38      $33,676,824.00         622,262
Requests for Manufacturer                       2,600 (2,600)  5 minutes............           54.12            4.52           11,744.04             217
 Confirmation Letters for Box 2B
 Entries.
Confirmation Letters from                       2,600 (2,600)  10 minutes...........           54.12            9.01           23,433.96             433
 Manufacturers for Box 2B Entries.
Box 8 Request Letters.............                    10 (10)  5 minutes............           54.12            5.41               54.12               1
HS-474 Forms......................              300,120 (121)  5 minutes............           54.12            4.51        1,353,541.20          25,010
Box 13 Request Letters............                      6 (6)  5 minutes............           54.12            9.02               54.12               1
Registered Importer Applications..                    17 (17)  10 hours.............           54.12          541.20            9,200.40             170
Registered Importer Annual Reports                  121 (121)  2 hours..............           54.12          108.24           13,097.04             242
Registered Importer Notification                     75 (121)  10 hours.............           54.12          541.20              40,590             750
 of Business Changes.
RI Conformity Packages............              300,120 (121)  30 minutes...........           54.12           27.07        8,124,494.40         150,120
Retention of RI Conformity                          121 (121)  0 minutes............            0.00            0.00                0.00               0
 Packages.
RI Eligibility Petitions..........                    16 (16)  2.38 hours...........           54.12          128.48            2,056.56              38
Requests to Manufacturers                             20 (20)  2 hours..............           54.12          108.25            2,164.80              40
 Regarding FMVSS No. 138.
                                   ---------------------------------------------------------------------------------------------------------------------
    Total.........................  .........................  .....................  ..............  ..............       43,257,254.64         799,284
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Cost: Other than the cost of the 
burden hours, the only additional costs associated with this 
information collection are the annual cost to the industry for the 
storage of records pertaining to the nonconforming vehicles that each 
RI imports into the United States. RIs are required under 49 CFR 
592.6(b) to maintain and retain certain specified records for each 
motor vehicle for which it furnishes a certificate of conformity to 
NHTSA, for a period of 10 years from the vehicle's date of entry. As 
described in the regulations, those records must consist of 
``correspondence and other documents relating to the importation, 
modification, and substantiation of certification of conformity to the 
Administrator.'' The regulations further specify that the records to be 
retained must include (1) a copy of the HS-7 Declaration Form furnished 
for the vehicle at the time of importation, (2) all vehicle or 
equipment purchase or sales orders or agreements, conformance 
agreements with importers other than RIs, and correspondence between 
the RI and the owner or purchaser of each vehicle for which the RI 
furnishes a certificate of conformity to NHTSA, (3) the last known name 
and address of the owner or purchaser of each vehicle for which the RI 
furnishes a certificate of conformity, and the vehicle identification 
number (VIN) of the vehicle, and (4) records, both photographic and 
documentary, reflecting the modifications made by the RI, which were 
submitted to NHTSA to obtain release of the conformance bond furnished 
for the vehicle at the time of importation. See 49 CFR 592.6(b)(1) 
through (b)(4). The latter records are referred to as a ``conformity 
package.'' Most conformity packages submitted to the agency covering 
vehicles imported from Canada are comprised of approximately six sheets 
of paper (including a check-off sheet identifying the vehicle and the 
standards that it was

[[Page 41871]]

originally manufactured to conform to and those that it was modified to 
conform to, a statement identifying the recall history of the vehicle, 
a copy of the HS-474 conformance bond covering the vehicle, and a copy 
of the mandatory service insurance policy obtained by the RI to cover 
its recall obligations for the vehicle). In addition, most conformity 
packages include photographs of the vehicle, components that were 
modified or replaced to conform the vehicle to applicable standards, 
and the certification labels affixed to the vehicle. Because these 
records are prepared and submitted electronically, and ultimately 
stored electronically, there is no additional burden attributable to 
the recordkeeping requirement.
    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 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 amended; 49 CFR 1.49; and DOT Order 1351.29A.

    Issued on July 8, 2022.
Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-14938 Filed 7-12-22; 8:45 am]
BILLING CODE 4910-59-P


