[Federal Register Volume 63, Number 103 (Friday, May 29, 1998)]
[Notices]
[Pages 29468-29470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14250]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA 98-3875]


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 July 28, 1998.

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. Michael 
Robinson, NHTSA Information Collection Clearance Officer, NHTSA, 400 
Seventh Street, SW, Room 6123, Washington, DC 20590. Mr. Robinson's 
telephone number is (202) 366-9456. 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:

49 CFR Part 552

Petitions for Rulemaking, Defect and Noncompliance Orders

    Type of request--Extension of existing clearance.
    OMB Clearance Number--2127-0046.
    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--49 U.S.C. section 30162 
specifies that any ``interested person may file a petition with the 
Secretary of Transportation requesting the Secretary to begin a 
proceeding'' to prescribe a motor vehicle safety standard under 49 
U.S.C. chapter 301, or to decide whether to issue an order under 49 
U.S.C. section 30118(b). 49 U.S.C. 30111 gives the Secretary authority 
to prescribe motor vehicle safety standards. 49 U.S.C. section 30118(b) 
gives the Secretary authority to issue an order to a manufacturer to 
notify vehicle or equipment owners, purchasers, and dealers of the 
defect or noncompliance and to remedy the defect or noncompliance.
    Section 30162 further specifies that all petitions filed under its 
authority shall set forth the facts which it is claimed establish that 
an order is necessary and briefly describe the order the Secretary 
should issue.
    To implement these statutory provisions, NHTSA promulgated part

[[Page 29469]]

552 according to the informal rulemaking provisions of the 
Administrative Procedure Act (5 U.S.C. 553 et seq.) This regulation 
allows the agency to ensure that the petitions filed under section 
30162 are both properly substantiated and efficiently processed.
    Description of the Need for the Information and Proposed Use of the 
Information--Under Part 552, any person has a statutory right to 
petition the agency to issue an order under section 30162. When NHTSA 
receives such a petition, the agency's technical staff reviews the 
petition to determine whether there is a reasonable possibility that 
the requested order will be issued at the end of the appropriate 
proceeding. If the agency reaches such a conclusion, the petition is 
granted and NHTSA promptly commences the appropriate proceeding to 
issue the order. The petition is denied if NHTSA cannot conclude that 
there is a reasonable possibility that the order will be issued at the 
end of the appropriate proceeding. NHTSA is required to grant or deny 
any petitions within 120 days after agency receipt of the petition (49 
U.S.C. 30162(d)). NHTSA uses the information in the petition, together 
with other information it may have or obtain, to decide whether to 
grant or deny the petition.
    Absent part 552, any person would still have a statutory right to 
file a petition requesting the agency to issue an order. The difference 
would be that the person preparing the petition would not know how to 
properly file such a petition and what information should be included 
in the petition. Further, without part 552, it would take the agency 
much longer to evaluate these petitions. Some of the petitions for 
rulemaking filed under part 552 ask for complex technical changes to 
our safety standards that require the agency to conduct testing or 
other research to learn if the petitions' allegations are accurate. If 
these petitions were not filed in accordance with some specified 
uniform procedures, the agency would not be able to meet the 120 day 
statutory deadline for granting or denying the petitions.
    Description of the Likely Respondents (Including Estimated Number 
and Proposed Frequency of Response to the Collection of Information)--
Under part 552, any person has a statutory right to petition the agency 
to issue an order under section 30162. Petitions may be filed by any 
person, including private individuals and small or large businesses. 
The requirements are the same no matter who files the petition.
    NHTSA does not require any person to file a petition under part 
552. Therefore, whether to file a petition, and the frequency of 
petitions filed, is entirely at the discretion of each petitioner.
    Estimate of the Total Annual Reporting and Recordkeeping Burden 
Resulting from the Collection of Information--
    NHTSA estimates that there are no more than 100 of these petitions 
filed annually. In most years fewer than this number of petitions are 
filed. However, we will use this higher total to ensure that this 
estimate does not understate the burden for the public.
    Frequently, the petitions filed under Part 552 consist of no more 
than one typewritten page. NHTSA believes very little total time is 
needed to prepare these petitions. However, some of the petitions set 
forth lengthy technical arguments and may require several hours to 
prepare. Overall, NHTSA estimates that the average length of time 
needed to prepare and file these petitions is one hour. Multiplying 
this one hour by the 100 petitions filed each year, we estimate that 
the burden associated with these petitions is 100 hours each year.

49 CFR Part 557

Petitions for Hearings on Notifications and Remedy on Defects

    Type of Request--Extension of existing clearance.
    OMB Control Number--2127-0039.
    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--NHTSA's statutory 
authority at 49 U.S.C. sections 30118(e) and 30120(e) specifies that, 
``on petition of any interested person,'' NHTSA may hold hearings to 
determine whether a manufacturer of motor vehicles or motor vehicle 
equipment has met its obligation to notify owners, purchasers, and 
dealers of vehicles or equipment of a defect or noncompliance and to 
remedy a defect or noncompliance for Federal Motor Vehicle Safety 
Standards for some of the products the manufacturer produces.
    To address these areas, NHTSA has promulgated 49 CFR part 557, 
Petitions for Hearings on Notification and Remedy of Defects, which 
adopts a uniform regulation that establishes procedures to provide for 
submission and disposition of petitions, and to hold hearings on the 
issue of whether the manufacturer has met its obligation to notify 
owners, distributors, and dealers of safety related defects or 
noncompliance and to remedy the problems by repair, repurchase, or 
replacement.
    Description of the Need for the Information and Proposed Use of the 
Information--NHTSA never requires any person to file a petition under 
Part 557. Filing a petition, and providing the information is done 
entirely at the discretion of the petitioner.
    Description of the Likely Respondents (Including Estimated Number, 
and Proposed Frequency of Response to the Collection of Information)--
NHTSA estimates that approximately 21 petitions are filed per year. 
Since petitions are filed entirely at the discretion of the petitioner, 
each person may file as few or as many petitions as it chooses.
    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 21 petitions for 
hearings on notification and remedy of defects 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 one hour to prepare one of these petitions. 
Multiplying this one hour burden by the 21 petitions filed annually 
yields an estimated annual burden of 21 hours for the petitioners under 
part 557. If we assume a value of $20 per hour, the annual cost of 
preparing these petitions is about $42. Adding in the postage cost of 
$6.72 (21 petitions, at a cost of 32 cents to mail each one), we 
estimate that it costs petitioners about $427 annually to prepare and 
submit these petitions for hearings on notification and remedy of 
defects.
    There are no recordkeeping costs to the petitioners.

49 CFR Part 512

Confidential Business Information

    Type of Request--Extension of existing clearance.
    OMB Control Number--2127-0025.
    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--NHTSA's statutory 
authority at 49 CFR chapter 301 prohibits, with certain exceptions, the 
agency from making public confidential information which it obtains. On 
the other hand, the Administrative Procedure Act requires all agencies 
to

[[Page 29470]]

make public all non-confidential information upon request. (5 U.S.C. 
section 552) and all agency rules to be supported by substantial 
evidence in the public record (5 U.S.C. section 706). It is therefore 
very important for the agency to promptly determine whether or not 
information it obtains should be accorded confidential treatment.
    NHTSA therefore promulgated 49 CFR part 512 Confidential Business 
Information to establish the procedure by which NHTSA will consider 
claims that information submitted to the agency, or which it otherwise 
obtains, is confidential business information. Because of part 512, 
both NHTSA and the submitters of information for which confidential 
treatment is requested are now able to ensure that confidentiality 
requests are properly substantiated and expeditiously processed.
    Description of the Need for the Information and Proposed Use of the 
Information--Confidential information is obtained by the agency for use 
in all of its activities. These include investigations, rulemaking 
actions, program planning and management, and program evaluation. The 
confidential information is needed to ensure the agency has all the 
relevant information for decision making in connection with these 
activities.
    If part 512 were not in existence, the agency would still get this 
confidential information, either provided voluntarily by the 
manufacturers or through its information gathering powers. The only 
difference would be that the determinations of whether the information 
should be accorded confidential treatment would be more expensive and 
time consuming for both the manufacturers and the agency.
    Description of the Likely Respondents (Including Estimated Number, 
and Proposed Frequency of Response to the Collection of Information--
The number of potential submitters of claims for confidential treatment 
of information is 3,000. This includes 1,000 vehicle manufacturers and 
2,000 equipment manufacturers. The decision whether to request 
confidential treatment of information provided to NHTSA is entirely at 
the discretion of the manufacturer. In a typical year, NHTSA receives 
about 150 requests for confidential treatment of information, almost 
all of which are from large businesses.
    Estimate of the Total Annual Reporting and Recordkeeping Burden 
Resulting from the Collection of Information--As earlier stated, in a 
typical year, NHTSA receives about 150 requests for confidential 
treatment of information. Almost all of these requests come from large 
businesses. The justification for a request for confidential treatment 
consists of several statements and a certification by a responsible 
corporate official. In the case of submissions by large manufacturers, 
(which may consist of thousands of pages of information), NHTSA 
estimates it would take 4 hours to do the necessary background check to 
be able to submit the required justification. On the other hand, the 
typical small business that submits a single blueprint should need only 
about 5 minutes to fully comply with the regulation. To ensure that 
this estimate does not understate the burden the agency has assumed 
that all confidentiality requests are submitted by large manufacturers. 
Since they are not required to keep copies of the information provided 
to NHTSA, there are no recordkeeping costs to the manufacturers. The 
total burden hours associated with this collection of information is 
estimated at 600 hours.

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

    Issued: May 22, 1998.
John Womack,
Acting Chief Counsel.
[FR Doc. 98-14250 Filed 5-28-98; 8:45 am]
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