[Federal Register Volume 62, Number 193 (Monday, October 6, 1997)]
[Notices]
[Pages 52178-52180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26375]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 96-073; No. 2]


Reports, Forms, and Recordkeeping Requirements

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

ACTION: Request for public comment on proposed collections of 
information.

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SUMMARY: This document describes three collections of information for 
which NHTSA intends to seek OMB approval. Under new procedures 
established by the Paperwork Reduction Act of 1995, before seeking OMB 
approval to collect information from the public, Federal agencies must 
solicit public comment on proposed collections of information, 
including extensions and reinstatements of previously approved 
collections. Each of the collections for which this document requests 
comment has been previously approved.

DATES: Comments must be received on or before December 5, 1997.

ADDRESSES: Comments must refer to the docket and notice numbers cited 
at the beginning of this notice and be submitted to NHTSA's new Docket 
Management Facility, located on the Plaza Level of the Nassif Building 
at the U.S. Department of Transportation, Room PL-01, 400 Seventh 
Street, SW., Washington, DC 20590-0001. Please identify the proposed 
collection of information for which a comment is provided, by 
referencing its OMB Clearance Number. The DOT Docket is open to the 
public from 10 am to 5 pm, Mondays through Fridays.

FOR FURTHER INFORMATION CONTACT: Complete copies of each request for 
collection of information may be obtained at no charge from Mr. Ed 
Kosek, NHTSA Information Collection Clearance Officer, NHTSA, 400 
Seventh Street, SW, Room 6123, Washington, DC 20590. Mr. Kosek's 
telephone number is (202) 366-2589. Please identify the relevant 
collection of information by referring to its OMB Clearance Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, 
before an agency submits a proposed collection of information to OMB 
for approval, it must 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 regulations (at 5 CFR 
1320.8(d)), an agency must ask for public comment on the following:
    (i) 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;
    (ii) 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;
    (iii) How to enhance the quality, utility, and clarity of the 
information to be collected; and
    (iv) 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 public comment on 
the following proposed collections of information:

Names and Addresses of First Purchasers of Motor Vehicles, 49 U.S.C. 
30117(b)

    Type of request--Reinstatement of clearance.
    OMB Clearance Number--2127-0044.
    Form Number--This collection of information uses no standard forms.
    Requested Expiration Date of Approval--Three years after date of 
expiration of existing clearance.
    Summary of the Collection of Information--By statute (49 U.S.C. 
30117 (b) Maintaining Purchaser Records and Procedures), motor vehicle 
manufacturers are required to collect and retain the names and 
addresses of first purchasers of new motor vehicles, so that the 
manufacturer can directly notify those persons in the event the vehicle 
is recalled.
    Description of the Need for the Information and Proposed Use of the 
Information--If there is a safety-related recall of the motor vehicle, 
the vehicle manufacturer needs to identify the first purchaser of the 
motor vehicle. Thus, the vehicle manufacturers will use the names and 
addresses to inform the first purchaser of the recall, and to explain 
what actions the purchaser should take.
    Description of the Likely Respondents (Including Estimated Number 
and Proposed Frequency of Response to the Collection of Information)--
The respondents are vehicle dealers which collect the information, and 
vehicle manufacturers which store the information. Since this practice 
of

[[Page 52179]]

recording and storing the names and addresses of first purchasers was 
followed by vehicle manufacturers for their commercial purposes before 
the requirement was enacted, NHTSA does not believe that any added 
costs result from this requirement.
    There are approximately 14.25 million new vehicles sold each year. 
There are approximately 19,000 dealers. The agency estimates that each 
dealer takes approximately three minutes to record the name and address 
of the first purchaser of the motor vehicle. The dealer collects the 
information once. The dealer forwards the information to the vehicle 
manufacturer, which retains the information.
    Estimate of the Total Annual Reporting and Recordkeeping Burden 
Resulting from the Collection of Information--NHTSA estimates that the 
total time spent recording names and addresses of purchasers of 14.25 
million new vehicles per year would be no more than 712,500 hours. 
Assuming a value of $10 per hour, this time can be valued at 
$7,125,000. Dealers without computer access to the vehicle 
manufacturers generally return their sales cards once a month. With 
19,000 dealers making twelve mailings each year, and paying $2.00 
postage for each mailing, the annual postage costs would equal 
$456,000.
    NHTSA estimates that each vehicle manufacturer spends 238 hours 
each year appropriately handling the information received from the 
dealers. Again, assuming a value of $10 per hour, this results in 
handling costs of $2,380. Total costs per annum could then be estimated 
as $7,958,380. NHTSA acknowledges that this estimate is imprecise, but 
knows of no way to develop a more precise cost estimate without 
conducting a separate information collection just to answer this 
question.
    Summary:

REPORTING.................................................    $7,500,000
MAILING...................................................       456,000
RECORDKEEPING.............................................         2,380
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  TOTAL Annual Cost.......................................     7,958,380
                                                                        

49 CFR Part 556--Petitions for Inconsequentiality

    Type of Request--Reinstatement of clearance.
    OMB Control Number--2127-0045.
    Form Number--This collection of information uses no standard forms.
    Requested Expiration Date of Approval--Three years after date of 
expiration of existing clearance.
    Summary of the Collection of Information--This collection of 
information allows NHTSA to receive petitions from manufacturers to 
excuse inconsequential defects or noncompliances with the Federal Motor 
Vehicle Safety Standards. The procedures for petitioning are 
established at 49 CFR part 556, Petitions for Inconsequentiality. This 
regulation establishes the procedures for manufacturers to submit such 
petitions to the agency, the contents of such petitions, and the 
criteria the agency will use in evaluating those petitions.
    Description of the Need for the Information and Proposed Use of the 
Information--In a petition, the vehicle manufacturer provides 
information in order to obtain relief from NHTSA. Without NHTSA's 
determination that a defect or noncompliance is inconsequential, a 
manufacturer of motor vehicles or motor vehicle equipment is required 
to notify all distributors, dealers, and purchasers of every defect or 
noncompliance that is determined to exist in its products, and to 
remedy that defect or noncompliance. Part 556 sets forth the form and 
content of petitions for relieving manufacturers from the statutory 
notice and remedy requirements for those defects or noncompliances the 
manufacturer believes are inconsequential as they relate to safety.
    There are two possible consequences if this collection of 
information were not conducted. First, it is possible that the agency 
would not receive the information it needs to make a determination that 
a defect or noncompliance is inconsequential. In this case, 
manufacturers would be statutorily required to follow the notice and 
remedy provisions for every defect or noncompliance.
    Second, it is possible that the agency would have to conduct a full 
public hearing whenever a manufacturer claimed a defect or 
noncompliance was inconsequential. Whether the claim of 
inconsequentiality were ultimately determined to be spurious or 
meritorious, a full hearing would impose a burden on both the agency 
and the petitioning manufacturer.
    Description of the Likely Respondents (Including Estimated Number, 
and Proposed Frequency of Response to the Collection of Information)--
NHTSA estimates that approximately 15 petitions are filed per year. 
Petitions are filed entirely at the discretion of the manufacturer.
    Estimate of the Total Annual Reporting and Recordkeeping Burden 
Resulting from the Collection of Information--Annual costs to the 
petitioners can be estimated as follows: about 15 petitions for 
inconsequential noncompliance are filed each year. Based on the length 
of the petitions (usually 3-4 typewritten pages) and the amount of 
documentation included, NHTSA estimates that it would take a petitioner 
about 2 hours to prepare one of these petitions. Multiplying this two 
hour burden by the 15 petitions filed annually yields an estimated 
annual burden of 30 hours for the petitioners under Part 556.
    If we assume a value of $20 per hour, the annual cost of preparing 
these petitions is about $60. Adding in the postage cost of $4.80 (15 
petitions, at a cost of 32 cents to mail each one), we estimate that it 
costs petitioners about $605 annually to prepare and submit these 
inconsequentiality petitions.
    There are no recordkeeping costs to the manufacturers.

49 CFR Part 566--Manufacturers' Identification

    Type of Request--Reinstatement of clearance.
    OMB Control Number--2127-0043.
    Form Number--This collection of information uses no standard forms.
    Requested Expiration Date of Approval--Three years from date of 
approval.
    Summary of the Collection of Information--This collection of 
information requires every manufacturer of motor vehicles and/or 
replacement equipment to file with NHTSA on a one-time basis, the 
company name, address, and description of the motor vehicle type or of 
covered equipment manufactured.
    Description of the Need for the Information and Proposed Use of the 
Information--NHTSA needs this information because under 49 U.S.C. 
30118, manufacturers must determine if any motor vehicle or item of 
replacement equipment contains a defect related to motor vehicle safety 
or fails to comply with an applicable Federal Motor Vehicle Safety 
Standard. Following such a determination, the manufacturer is required 
to notify the Secretary of Transportation, owners, purchasers and 
dealers of motor vehicles or replacement equipment, of the defect or 
noncompliance and to remedy the defect or noncompliance without charge 
to the owner.
    If the information was not reported, the agency would not be able 
to locate the manufacturer promptly if a defect or noncompliance in a 
motor vehicle or equipment was found.
    Estimate of the Total Annual Reporting and Recordkeeping Burden 
Resulting from the Collection of Information--NHTSA estimates that the 
number of respondents per year is 100.

[[Page 52180]]

Each respondent provides the information once. NHTSA estimates it takes 
15 minutes to prepare the information. The estimated total burden on 
all respondents for this standard is 25 hours per year.
    Based on an assumed clerical cost of $20.00 per hour, it costs each 
manufacturer $5.00 to prepare the information. Some of the vehicle and 
equipment manufacturers are outside of the United States, and postage 
(on the average from a foreign country) is approximately $1.00 per 
letter. Thus, each response costs the manufacturer a total of $6.00. 
(NHTSA knows the total is overstated; the majority of vehicle and 
equipment manufacturers are in the United States, and postage would be 
32 cents.) Since NHTSA estimates the number of respondents per year is 
100, the total cost on all respondents per year is approximately 
$600.00.
    Since they are not required to keep copies of the information 
provided to NHTSA, there are no recordkeeping costs to the 
manufacturers.

    Authority: 44 U.S.C. 3506(c); delegation of authority at 49 CFR 
1.50.

    Issued: September 30, 1997.
John Womack,
Acting Chief Counsel.
[FR Doc. 97-26375 Filed 10-3-97; 8:45 am]
BILLING CODE 4910-59-P