[Federal Register Volume 63, Number 33 (Thursday, February 19, 1998)]
[Notices]
[Pages 8517-8522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4089]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3465; Not. 1]


Reports, Forms and Recordkeeping Requirements; Agency Information 
Collection Activity Under OMB Review

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

ACTION: Notice.

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

SUMMARY: The National Highway Traffic Safety Administration (NHTSA) 
will submit the following emergency processing public information 
collection requests (ICRS) to the Office of Management and Budget (OMB) 
for review and clearance under the Paperwork Reduction Act of 1995 
(Pub. L. 104-13, 44 U.S.C. Chapter 35). The NHTSA is publishing a 
notice in the Federal Register, informing the public of NHTSA's plan to 
submit to OMB Information collections for reinstatement, some with 
changes of previously approved collections for which approval has 
expired, under the emergency processing procedures, 5 CFR 1320.13. The 
titles descriptions, affected public, with burden estimates are shown 
below. Because OMB approval is valid for 180 days, NHTSA is taking 
appropriate steps to obtain a regular approval.
    Comments are invited on: 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; the accuracy of the Agency's estimate of the burden of 
proposed information collection; ways to enhance the quality, utility 
and clarity of the information to be collected; and 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.

DATES: Comments on this notice must be received on or before April 20, 
1998.

ADDRESSES: Comments on this notice must refer to the docket number and 
notice number in the heading of this notice and be submitted, 
preferably in two copies, to: US Department of Transportation Docket 
Management, PL-401, 400 Seventh Street, SW., Washington, DC 20590. 
Docket hours are 10:00 a.m. to 5:00 p.m. Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Mr. Michael A. Robinson, NHTSA, 
Information Specialist, Office of Technical Information Services, Room

[[Page 8518]]

5110, Department of Transportation, 400 Seventh Street, SW., 
Washington, DC 20590, Telephone: (202)366-9456.

SUPPLEMENTARY INFORMATION:

National Highway Traffic Safety Administration (NHTSA)

    (1) Title: 49 CFR Part 571.116, Motor Vehicle Brake Fluids.
    OMB Control Number: 2127-0521.
    Affected Public: Individuals or households.
    Abstract: 49 U.S.C. 309111, 30112 and 30117 of the National Traffic 
and Motor Vehicle Safety Act of 1966, authorize the issuance of Federal 
Motor Vehicle Safety Standards (FMVSS). The agency in prescribing a 
FMVSS is to consider available relevant motor vehicle safety data and 
to consult with appropriate agencies and obtain safety comments/
suggestions from the responsible counties, States, agencies, safety 
commissions, public and other safety related authorities. Further the 
Act mandates that in issuing any FMVSS the agency consider whether the 
standards will contribute to carry out the purpose of the Act. The 
Secretary is authorized to revoke such rules and regulations as he/she 
deems necessary to carry out this Act.
    FMVSS No. 116 Motor Vehicle Brake Fluids, specific performance and 
design requirements for motor vehicle brake fluids and hydraulic system 
mineral oils. Section 5.2.2 specific labeling requirements for 
manufacturers and packagers of brake fluids as well as packagers of 
hydraulic system mineral oils. The information on the label of a 
container of motor vehicle brake fluid or hydraulic system mineral oil 
is necessary to insure the following: the contents of the container are 
clearly stated; these fluids are used for their intended purpose only; 
and the containers are properly disposed of when empty. Improper use or 
storage of these fluids could have dire consequences for the operations 
of vehicles or equipment in which they area used. This labeling 
information is used by motor vehicle owners, operators, and vehicle 
service facilities to aid in the proper selection of brake fluids and 
hydraulic system mineral oils for use in motor vehicles and hydraulic 
equipment, respectively.
    Estimated Annual Burden: 7,680 hours.
    Number of Respondents: 200.
    (2) Title: 49 CAR Part 537--Automotive Fuel Economy Reports.
    OMB Control Number: 2127-0019.
    Affected Public: Business, Federal Government or other for-profit.
    Abstract: 49 United States Code (U.S.C.)32907(a) requires a 
manufacturer report to the Secretary of Transportation on whether the 
manufacturer will comply with an applicable average fuel economy 
standard under 49 U.S.C. 32902 of this title for the model year for 
which the report is made; the actions the manufacturer has taken or 
intends to take to comply with the standard; and other information the 
Secretary requires by regulation. To start this statutory requirement, 
the agency issued a regulation specifying the required content of the 
Automotive Fuel Economy Reports.
    Estimated Annual Burden: 3,300 hours.
    Number of Respondents: 20.
    (3) Title: 49 CAR Section 571, 125-Warning Devices.
    OMB Control Number: 2127-0506.
    Affected Public: Business or other for-profit.
    Abstract: 49 U.S.C. 30111, 30112 and 30117 (Appendix 1) of the 
National Traffic and Motor Vehicle Safety Act of 1966, authorizes the 
issuance of Federal Motor Vehicle Safety Standards (FMVSS). The 
Secretary is authorized to issue, amend, and revoke such rules and 
regulations as she/he deems necessary. Using this authority, the agency 
issued FMVSS No. 125, Warning Devices which applies to devices, without 
self contained energy sources, that are designed to be carried 
mandatorily in buses and trucks that have a gross vehicle weight rating 
(GVWR) greater than 10,000 pounds and voluntarily in other vehicles. 
These devices designed to be permanently affixed to the vehicle.
    Estimated Annual Burden: 5.7 hours.
    Number of Respondents: 3.
    (4) Title: Replaceable Light Source Dimensional Information 
Collection, 49 CFR 54.
    OMB Control Number: 2127-0563.
    Affected Public: Business or other for-profit.
    Abstract: Title 49 U.S.C. 322, 30111, 30115, 30117 and 30166, with 
delegation of authority at 49 CFR, 49 CFR 1.50, authorize the issuance 
of Federal Motor Vehicle Safety Standards (FMVSS) and the collection of 
data which supports their implementation. The agency, in prescribing an 
FMVSS, is to consider available relevant motor vehicle safety data, and 
to consult with other agencies as it deems appropriate. Further, the 
Title 49 U.S.C. mandates, that in issuing any FMVSS, the agency 
consider whether the standard is reasonable, practicable and 
appropriate for the particular type of motor vehicle or item of motor 
vehicle equipment for which it is prescribed, and whether such 
standards will contribute to carrying out the purpose of Title 49 
U.S.C. The Secretary is authorized to revoke such rules and regulations 
as deemed necessary to carry out this subchapter. Using this authority, 
the agency issued the initial FMVSS No. 108, Lamps, Reflective Devices, 
and Associated Equipment, specifying requirements for vehicle lighting 
for the purposes of reducing traffic accidents and their tragic result 
by providing adequate roadway illumination, improved a vehicle 
conspicuity, appropriate information transmission through signal lamps, 
in both day, night, and other conditions of reduced visibility. The 
standard has been amended numerous times in order to permit new 
headlighting designs. In recent years, the standard had become 
burdensome to bother regulators and regulated parties in the standard 
has not been able to fully accommodate the styling needs of motor 
vehicle designers, while at the same time assuring the safety on the 
highways. This resulted in numerous burdensome petitions for rulemaking 
to be submitted by the vehicle and lighting manufacturers to change the 
design restrictive language. The reason for this burden was that as 
originally adopted the standard was more equipment design oriented, 
rather than performance oriented. Recent amendments have helped to 
rectify this situation. The requirement for replaceable light source 
dimensional information has resulted in a further extension of that 
effort to make the standard more performance oriented, and reduce the 
burden of petitioning for amendments to the Standard. The standard now 
allows headlamp light sources (bulbs) that are specified in the 
standard as well as those listed in Part 564, to assure proper 
photometric performance upon replacement of the light sources upon 
failure of the original. The original manufacturer may be the same as 
that of the aftermarket replacement, consequently, headlamp bulbs 
regardless of where they are listed, are required to be standardized by 
inclusion of their interchangeability dimensions and other fit and 
photometric aspects, thus requiring all identical type bulbs to be 
manufactured to those pertinent interchangeability specifications. 
Implementation of Part 564 reduces the burden to manufacturers and user 
of new light sources by eliminating the 18 month petitioning process 
and substituting a 1 month agency review. Upon completion of the 
review, the new bulb's interchangeability information is listed in Part 
564 and the new bulbs may be used 1 month later on new vehicles.

[[Page 8519]]

    Estimated Annual Burden: 20.
    Number of Respondents: 7.
    (5) Title: Assigning DOT code Numbers to Glazing Material 
Manufacturers.
    OMB Control Number: 2127-0038.
    Affected Public: Business or other for-profit.
    Abstract: Title 49, Chapter 30115 of the U.S. Code specifies that 
the Secretary of Transportation shall require every manufacturer or 
distributor of a motor vehicle or motor vehicle equipment to furnish 
the distributor or dealer at the time of delivery certification that 
each item of motor vehicle equipment conforms to all applicable Federal 
Motor Vehicle Safety Standards (FMVSS). Using this authority, the 
agency issued FMVSS No. 571.205, Glazing Materials. This standard 
specifies requirements for glazing materials for use in passengers 
cars, multipurpose passenger vehicle, trucks, buses, motorcycle, slide-
in campers, and pickup covers designed to carry persons while in 
motion. Also, this standard specifies certification and marking of each 
piece of glazing materials. Certification for the items listed comes in 
the form of a label, tag or marking on the outside of the motor vehicle 
equipment and is permanently affixed and visible for the life of the 
motor vehicle equipment. The purpose of this standard is to aid in 
reducing injuries resulting from impact to glazing surfaces, and to 
ensure a necessary degree of transparency for driver visibility. Both 
glass and plastics are considered to be glazing materials which provide 
safety and minimize the possibility of occupants being thrown through 
the vehicle window in the event of an accident.
    Estimated Annual Burden: 10.5 hours.
    Number of Respondents: 21.
    (6) Title: 49 CFR 571.218, Motorcycle Helmets (Labeling).
    OMB Control Number: 2127-0518.
    Affected Public: Federal, Local, State or Tribal Government, 
Business or other for-profit.
    Abstract: The National Traffic and Motor Vehicle Safety statute at 
49 U.S.C. Subchapter II Standards and Compliance, Sections 30111 and 
30117 authorizes the issuance of Federal motor vehicle safety standards 
(FMVSS). The Secretary is authorized to issue, amend, and revoke such 
rules and regulations as he/she deems necessary. The Secretary is also 
authorized to require manufacturers to provide information to first 
purchasers of motor vehicles or motor vehicle equipment when the 
vehicle or equipment is purchased, in a printed matter placed in the 
vehicle or attached to or accompanying the equipment. Using this 
authority, the agency issued the initial FMVSS No. 218, Motorcycle 
Helmets, in 1974. Motorcycle helmets are the devices used for 
protecting motorcyclists and other motor vehicle users in motor vehicle 
accidents. Federal Motor Vehicle Safety Standard No. 218 requires that 
each helmet shall be labeled permanently and legibly (S5.6), in a 
manner such that the label(s) can be read easily without removing 
padding or any other permanent part.
    Estimated Annual Burden: 4,000 hours.
    Number of Respondents: 24.
    (7) Title: Consumer Complaint/Recall Audit Information.
    OMB Control Number: 2127-0008.
    Affected Public: Individuals or households.
    Abstract: Chapter 301 of Title 49 of the United States Code 
(formerly the National Traffic and Motor Vehicle Safety Act, as amended 
(the Act), the Secretary of Transportation is authorized to require 
manufacturers of motor vehicles and items of motor vehicle equipment to 
conduct owner notification and remedy, i.e., a recall campaign, when it 
has been determined that a safety defect exists in the performance, 
construction, components, or materials in motor vehicles and motor 
vehicle equipment. To make this determination, the National Highway 
Traffic Safety Administration (NHTSA) solicits information from vehicle 
owners which is used to identify and evaluate possible safety-related 
defects and provide the necessary evidence of the existence of such a 
defect. Under the Authority of Chapter 301 of Title 49 of the United 
States Code, the Secretary of Transportation is authorized to require 
manufacturers of motor vehicle and items of motor vehicle equipment 
which do not comply with the applicable motor vehicle safety standards 
or contains a defect that relates to motor vehicle safety to notify 
each owner that their vehicle contains a safety defect or 
noncompliance. Also, the manufacturer of each such motor vehicle or 
item of replacement equipment presented for remedy pursuant to such 
notification shall cause such defect or noncompliance to be remedied 
without charge. In the case of a motor vehicle presented for remedy 
pursuant to such notification, the manufacturer shall cause the vehicle 
to be remedied by whichever of the following means he elects: (1) By 
repairing such vehicle; (2) by replacing such motor vehicle without 
charge; or (3) by refunding the purchase price less depreciation. To 
ensure these objectives are being met, NHTSA audits recalls conducted 
by manufacturer. These audits are performed on a randomly selected 
number of vehicle owners for verification and validation purposes.
    Estimated Annual Burden: 36,380.
    Number of Respondents: 239,000.
    (8) Title: Voluntary Child Safety Seat Registration Form.
    OMB Control Number: 2127-0576.
    Affected Public: Individuals or households.
    Abstract: Chapter 301 of Title 49 of the United States provides 
that if either NHTSA or a manufacturer determines that motor vehicles 
or items of motor vehicle equipment contain a defect that relates to 
motor vehicle safety or fail to comply with an applicable Federal Motor 
Vehicle Safety Standard, the manufacturer must notify owners and 
purchasers of the defect or noncompliance and must provide a remedy 
without charge. Pursuant to 49 CFR Part 577 Defects and noncompliance 
notification for equipment items, including child safety seats, must be 
sentby first class mail to the most recent purchaser known to the 
manufacturer. In the absence of a registration system, man owners of 
child safety seats are not notified of safety defects and 
noncompliance, since the manufacturer is not aware of their identities.

    Estimated Annual Burden: 26 hours.
    Number of Respondents: 1,200.
    (9) Title: Drug Offender's License Suspension Certification.
    OMB Control Number: 2127-0566.
    Affected Public: State, Local or Tribal Government.
    Abstract: Section 33 of the Department of Transportation (DOT) and 
Related Agencies Appropriations Act for FY 1991 amends 23 U.S.C. 104, 
and requires the withholding of certain Federal-aid highway funds from 
States that do not enact legislation requiring the revocation or 
suspension of an individual's driver's license upon conviction for any 
violation of the Controlled Substances Act or any drug offense. This 
notice proposes the violation of the Controlled Substances Act or any 
drug offense. This notice proposes the manner in which States certify 
that they are not subject to this withholding, and disposition of funds 
that are withheld.

    Estimated Annual Burden: 260 hours.
    Number of Respondents: 52.
    (10) Title: Fatal Accident Reporting System (FARS).
    OMB Control Number: 2127-0006.
    Affected Public: State, Local or Tribal Government.
    Abstract: Under both the Highway Safety Act of 1966 and the 
National

[[Page 8520]]

Traffic and Motor Vehicle Safety Act of 1966, the National Highway 
Traffic Safety Administration (NHTSA) has the responsibility to collect 
accident data that support the establishment and enforcement of motor 
vehicle regulations and highway safety programs. These regulations and 
programs are developed to reduce the severity of injury and the 
property damage associated with motor vehicle accidents. The Fatal 
Accident Reporting System (FARS) is in its twenty-third year of 
operation as a major system that acquires national fatality information 
directly from existing State files and documents. Since FARS is an on-
going data acquisition system, reviews are conducted yearly to 
determine whether the data acquired are responsive to the total user 
population needs. The total user population includes Federal and State 
agencies and the private sector. Annual changes in the forms are minor 
in terms or operation and method of data acquisition, and do not affect 
the reporting burden of the respondent (State employees utilize 
existing State accident files). The changes usually involve 
clarification adjustments to aid statisticians in conducting more 
precise analyses and to remove potential ambiguity for the respondents. 
OMB Clearance 2127-0006 authorizes the four FARS data acquisition 
forms, 214, 214A, 214B, and 214C. This clearance expired December 31, 
1995. An extension of this clearance to December 2000 is requested with 
this submission. Since changes are not introduced during an information 
acquisition period. Only minor changes to data element to remove 
ambiguities in the information requested are planned for the 1998 data 
collection year. Two data items, Death Certificate Number and Fatal 
Injury At Work, are not recorded on any FARS form but are 
electronically transmitted to the central FARS file. Any subsequent 
increases in burden will be due to an increase in the number of traffic 
accidents that may occur between 1996 and 2000 throughout the country.

    Estimated Annual Burden: 77,400 hours.
    Number of Respondents: 52.
    (11) Title: Consolidated Labeling Requirements for Motor Vehicles 
(Except the VIN).
    OMB Control Number: 2127-0512.
    Affected Public: Business or for-profit.
    Abstract: 49 U.S.C. 3011 authorizes the issuance of Federal Motor 
Vehicle Safety Standards (FMVSS) and regulations. The agency, in 
prescribing a FMVSS or regulation is to consider available relevant 
motor vehicle safety data, and consult with other agencies as it deems 
appropriate. Further, the statute mandates that in issuing any FMVSS or 
regulation, the agency consider whether the standard or regulation is 
``reasonable, practicable and appropriate for the particular type of 
motor vehicle or item of motor vehicle equipment for which it is 
prescribed,'' and whether such a standard will contribute to carrying 
out the purpose of the Act. The Secretary is authorized to revoke such 
rules and regulations as he deems necessary to carry out this 
subchapter. Using this authority, the agency issued the following FMVSS 
and regulations, specifying labeling requirements to aid the agency in 
achieving many of its safety goals. FMVSS 105, 205, 209, and 567 are 
the standards the agency issued. Through FMVSS 105, this standard, 
under section 5.4 requiring labeling, each vehicle shall have a brake 
fluid warning statement in letters at least one-eighth of an inch high 
on the master cylinder reservoirs and located so as to be visible by 
direct view. FMVSS 205 requires manufacturer's distinctive trademark; 
manufacturer's DOT code number; Mode of glazing (alpha-numerical 
designation) and Type of glazing (there are currently 13 items of 
glazing ranging from plastic windows to bullet resistant windshields). 
In addition to requirements which apply to all glazing, certain 
specialty items such as standee windows in buses, roof openings and 
interior partitions made of plastic require that the manufacturer affix 
a removable label to each item. The label specifies cleaning 
instructions which will minimize the loss of transparency. Other 
information may be provided by the manufacturer but is not required. 
FMVSS 209-Seat belt Assemblies requires safety belts to be labeled with 
the year of manufacture, the; model and the name or trademark of the 
manufacturer (S4.5(j). Additionally, replacement safety belts that for 
specific models of motor vehicles must have labels or accompanying 
instruction sheets to specify the applicable vehicle models and seating 
positions (S4.5(k)). All other replacement belts are required to be 
accompanied by an installation instruction sheet (S4.1(k)). Seat belt 
assemblies installed as original equipment in new motor vehicles need 
not be required to be labeled with position model information. This 
information is only useful if the assembly is removed with the 
intention of using the assembly as a replacement in another vehicle; 
this is not a common practice. 49 U.S.C. 30111 requires each 
manufacturer or distributor of motor vehicle to furnish to the dealer 
or distributor of the vehicle a certification that the vehicle meets 
all applicable FMVSS. This certification is required by that provision 
to be in the form of a label permanently affixed to the vehicle. Under 
49 U.S.C. 32504, vehicle manufacturers are directed to make a similar 
certification with regard to bumper standards. To implement this 
requirement, NHTSA issued 49 CFR Part 567. The agency's regulations 
establish form and content requirement for the certification labels.

    Estimated Annual Burden: 71,095 hours.
    Number of Respondents: 1214.
    (12) Title: Compliance Labeling of Retroreflective Materials for 
Heavy Trailer Conspicuity.
    OMB Control Number: 2127-0569.
    Affected Public: Business or other for-profit.
    Abstract: 49 U.S.C. 30111, 30112, and 30117 of the National Traffic 
and Motor Vehicle Safety Act of 1966 authorizes the issuance of Federal 
Motor Vehicle Safety Standards (FMVSS) and the collection of data which 
supports their implementation. The agency, in prescribing a FMVSS, is 
to consider available relevant motor vehicle safety data, and to 
consult with other agencies as it deems appropriate. Further, the Act 
mandates, that in issuing any FMVSS, the agency consider whether the 
standard is reasonable, practicable and appropriate for the particular 
type of motor vehicle or item of motor vehicle equipment for which it 
is prescribed, and whether such standards will contribute to carrying 
out the purpose of the Act. The Secretary is authorized to promulgate 
such rules and regulations as deemed necessary to carry out this 
subchapter. Using this authority, the agency issued the initial FMVSS 
No. 108, Lamps, Reflective Devices, and Associated Equipment, 
specifying requirements for vehicle lighting for the purpose of 
improved vehicle conspicuity, appropriate information transmission 
through signal lamps, in both day, night, and other conditions of 
reduced visibility. The standard has been amended numerous times, and 
the subject amendment, which became effective on December 1, 1993, 
increases the conspicuity of large trailers would be reduced by about 
15 percent if retroreflective material having certain essential 
properties is used to mark the trailers. The amendment requires the 
permanent marking of the letters DOT-C2, DOT-C3 or DOT-C4 at least 3mm 
high at regular intervals on retroreflective sheeting material having 
adequate performance to provide

[[Page 8521]]

effective trailer conspicuity. The high reflective brightness of the 
material and its ability to reflect light which strikes it at an angle 
are special properties required by the safety standard. The high 
brightness is required because the material must be effective even when 
it is dirty. One of the principal goals of the standard is to prevent 
crashes in which the side of the trailer is blocking the road and it is 
not sufficiently visible at night to fast traffic. Frequently, the side 
of the trailer is not perpendicular to approaching traffic and the 
conspicuity material must reflect light which strikes it at an angle in 
order to be effective. There exist many types of retroreflective 
material similar in appearance to the required materials but lacking in 
its requisite properties. The manufacturers of new trailers are 
required to certify that their products are equipped with 
retroreflective material complying with the requirements of the 
standard. The Federal Highway Administration Office of Motor Carrier 
Safety enforces this and other standards through roadside inspections 
of trucks. There is no practical field test for the performance 
requirements, and labeling is the only objective way of distinguishing 
truck conspicuity grade material from lower performance material. 
Without labeling, FHWA will not be able to enforce the performance 
requirements, and labeling is the only objective way of distinguishing 
truck conspicuity grade material from lower performance material. 
Without labeling, FHWA will not be able to enforce the performance 
requirements of the standard, and the compliance testing of new 
trailers will be complicated. Labeling is also important to small 
trailer manufacturers because it may help them to certify compliance. 
As a result of the comments to the NPRM, the agency decided to allow 
wider stripes of material of lower brightness than originally proposed 
as alternate means of providing the minimum safety performance. 
Therefore, the marking system serves the additional role of identifying 
the minimum stripe width required for the retroreflective brightness of 
the particular material. Since the difference between the brightness 
grades of suitable retroreflective conspicuity material is not obvious 
from inspection, the marking system is necessary for trailer 
manufacturers and repair ships to assure compliance and for FHWA to 
inspect trailers in use.
    Estimated Annual Burden: 0 hours.
    Number of Respondents: 3.
    (13) Title: Names and Addresses of First Purchasers of Motor 
Vehicles.
    OMB Control Number: 2127-0044.
    Affected Public: Business or other for-profit.
    Abstract: 49 U.S.C. 30117 Providing information to, and maintaining 
records on, purchasers at subparagraph (b) Maintaining purchaser 
records and procedures states in part: A manufacturer of a motor 
vehicle or tire (except a retreaded tire) shall maintain a record of 
the name and address of the first purchasers of each vehicle or tire it 
produces and, to the extent prescribed by regulations of the Secretary, 
shall maintain a record of the name and address of the name and address 
of the first purchaser of replacement equipment (except a tire) that 
the manufacturer produces. This agency has no regulation specifying how 
the information is to be collected or maintained. When NHTSA's 
authorizing statute was enacted in 1966, Congress determined that an 
efficient recall of defective or noncomplying motor vehicles required 
the vehicle manufacturers to retain an accurate record of vehicle 
purchasers. By virtue of quick and easy access to this information, the 
manufacturer is able to quickly notify vehicle owners in the event of a 
recall. Experience with this statutory provision has shown that 
manufacturers have retained this information in a manner sufficient to 
enable them to expeditiously notify vehicle purchasers in case of a 
recall. Based on this experience, NHTSA has determined that no 
regulation is needed. Without this type of information readily 
available, manufacturers would either need to spend more time or money 
to notify purchasers of a recall.
    Estimated Annual Burden: 950,000.
    Number of Respondents: 19,000.
    (14) Title: 49 CFR Part 566 Manufacturers' Identification.
    OMB Control Number: 2127-0043.
    Affected Public: Business or other for-profit.
    Abstract: The National Highway Traffic Safety Administration's 
statute at 49 U.S.C. 30118 Notification of defects and noncompliance 
requires manufacturers to determine if the motor vehicle or item or 
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. With this determination, NHTSA issued 49 CFR Part 566, 
Manufacturer Identification. Part 566 requires every manufacturer of 
motor vehicles and/or replacement equipment to file with the agency on 
a one time basis, the required information specified in Part 566.
    Estimated Annual Burden: 25.
    Number of Respondents: 100.
    (15) Title: 49 CFR Part 556, Petitions for Inconsequentiality.
    OMB Control Number: 2127-0045.
    Affected Public: Business or other for-profit.
    Abstract: The National Highway Traffic Safety Administration's 
statute at 49 U.S.C. 30113 General exemptions at subsection (b) 
Authority to exempt and procedures, authorizes the Secretary of 
Transportation upon application of a manufacturer, to exempt the 
applicant from the notice and remedy requirements of 49 U.S.C. Charter 
301, if the Secretary determines that the defect or noncompliance is 
inconsequential as ti relates to motor vehicle safety. The notice and 
remedy requirements of Chapter 301 are set forth in 49 U.S.C. 30120 
Remedies for defects and noncompliance. Those section require a 
manufacturer of motor vehicles or motor vehicle equipment to notify 
distributors, dealers and purchasers if any of the manufacturer's 
products are determined either to contain a safety-related defect or to 
fail to comply with an applicable Federal motor vehicle safety 
standard. The manufacturer is under a concomitant obligation to remedy 
such defects or noncompliance. NHTSA exercised this statutory authority 
to excuse inconsequential defects or noncompliance when it promulgated 
49 CFR Part 556, Petitions for Inconsequentiality--this regulation 
establishes the procedures for manufacturers to submit such petitions 
to the agency will use in evaluating those petitions. Part 556 allows 
the agency to ensure that petitions filed under 15 U.S.C. 30113(b) are 
both properly substantiated and efficiently processed.
    Estimated Annual Burden: 30.
    Number of Respondents: 15.
    (16) Title: 49 CFR Part 573, Defect and Noncompliance Reports.
    OMB Control Number: 2127-0004.
    Affected Public: Business or other for-profit.
    Abstract: NHTSA's statute at 49 U.S.C. sections 30112, and 30116-
30121 requires the manufacturers of motor vehicles and motor vehicle 
equipment to recall and remedy their products that do not comply with 
applicable safety standards or contain a defect related to motor 
vehicle safety. The manufacturer must notify the Secretary of 
Transportation (through NHTSA),

[[Page 8522]]

owners, purchasers and dealers of its determination, and must remedy 
the defect or noncompliance. The notification must be furnished within 
a reasonable time after a determination is made with respect to defect 
or failure to comply. The manufacturer of each motor vehicle or item of 
replacement equipment presented for remedy shall make the remedy 
without charge. If a manufacturer fails to notify owners or purchasers 
within the period specified, the court may hold it liable under a civil 
penalty with respect to such failure.
    The Secretary may hold hearings in which any interested person may 
make oral or written views on questions of whether a manufacturer has 
reasonably met its obligations to notify and remedy a defect or failure 
to comply, or the Secretary may place specific actions on the 
manufacturer to comply. The manufacturer shall furnish the Secretary 
with a true copy of all notices, bulletins, and other communications to 
the manufacturer's dealers, owners and purchasers regarding any defect 
or noncompliance in the manufacturer's vehicle or item of equipment. 
These statutes shall not create or affect any warranty obligations 
under State and Federal law. To implement this authority, NHTSA 
promulgated 49 CFR Part 573, Defect and Noncompliance Reports. This 
regulation sets out the following requirements: (1) Manufacturers are 
to include specific information in reports that must be filed with 
NHTSA within five working days of a determination of defect or 
noncompliance, pursuant to 49 U.S.C. 30118 and 30119; (2) Manufacturers 
are to submit quarterly reports to the agency on the progress of recall 
campaigns; (3) Manufacturers are to furnish copies to the agency of 
notices, bulletins, and other communications to dealers, owners, or 
purchasers regarding any defect or noncompliance, and; (4) 
Manufacturers are to retain records of owners or purchasers of their 
products that have been involved in a recall campaign.
    Estimated Annual Burden: 6,300.
    Number of Respondents: 50.
    (17) Title: Consolidated Labeling Requirements for 49 CFR 571.115, 
and Parts 565, 541 and 567.
    OMB Control Number: 2127-0510.
    Affected Public: Business or other for-profit.
    Abstract: NHTSA's statute at 15 U.S.C. 1392, 1397, 1401, 1407, and 
1412 (Attachment 3-9) of the National Traffic and Motor Vehicle Safety 
Act of 1966 authorizes the issuance of Federal Motor Vehicle Safety 
Standard (FMVSS) and the collection of data which support their 
implementation. The agency, in prescribing a FMVSS, is to consider 
available relevant motor vehicle safety data and to consult with other 
agencies as it deems appropriate. Further, the Act mandates, that in 
issuing any FMVSS, the agency should consider whether the standard is 
reasonable, practicable and appropriate for the particular type of 
motor vehicle or item of motor vehicle equipment for which it is 
prescribed, and whether such standards will contribute to carrying out 
the purpose of the Act. The Secretary is authorized to revoke such 
rules and regulations as deemed necessary to carry out this subchapter. 
Using this authority, the agency issued the initial FMVSS No. 115, 
Vehicle Identification Number, specifying requirements for vehicle 
identification numbers to aid the agency in achieving many of its 
safety goals.
    The standard was amended in August 1978 by extending its 
applicability to additional classes of motor vehicles and by specifying 
the use of a 30-year, 17-character Vehicle Identification Number (VIN) 
for worldwide use. The standard was amended in May 1983 (Attachment 8) 
by deleting portions of FMVSS No. 115 and reissuing those portions as a 
general agency regulation, Part 565. The provisions of these two 
regulations require vehicle manufacturers to assign a unique VIN to 
each new vehicle and to inform the National Highway Traffic Safety 
Administration (NHTSA) of the code used in forming the VIN. These 
regulations apply to all vehicles: passenger cars, multipurpose 
passenger vehicles, trucks, buses, trailers, incomplete vehicles, and 
motorcycles. b. 49 CFR Parts 541 and 567.

Part 541

    The Motor Vehicle Information and Cost Savings Act was amended by 
the Anti-Car Theft Act of 1992 (Pub.L. 102-519). The enacted Theft Act 
states that passenger motor vehicles, multipurpose passenger vehicles, 
and light-duty trucks with a gross vehicle weight rating of 6,000 
pounds or less be covered under the Theft Prevention Standard. Each 
major component part must be either labeled or affixed with the VIN and 
for the replacement component part it must be marked with the DOT 
symbol, the letter (R) and the manufacturers' logo.

Part 567

    The VIN is required to appear on the certification label.
    Estimated Annual Burden: 376,591.
    Number of Respondents: 1,000.

    Issued on: February 12, 1998.
Herman L.Simms,
Associate Administrator.
[FR Doc. 98-4089 Filed 2-18-98; 8:45 am]
BILLING CODE 4910-59-P