[Federal Register Volume 63, Number 201 (Monday, October 19, 1998)]
[Notices]
[Pages 55915-55916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27919]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


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

AGENCY: Office of the Secretary, DOT.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection Requests (ICR) abstracted below have been forwarded to the 
Office of Management and Budget (OMB) for review and comment. The ICRs 
describe the nature of the information collections and their expected 
burden. The Federal Register Notice with a 60-day comment period 
soliciting comments on the following information collections was 
published on May 29, 1998 [63 FR 29468-29470].

DATES: Comments must be submitted on or before November 18, 1998.

FOR FURTHER INFORMATION CONTACT: Michael Robinson, NHTSA Information 
Collection Clearance Officer at (202) 366-9456.

SUPPLEMENTARY INFORMATION:

National Highway Traffic Safety Administration (NHTSA)

    (1) Title: 49 CFR Part 512, Confidential Business Information.
    OMB No.: 2127-0025.
    Type of Request: Extension of a currently approved Collection.
    Affected Public: Vehicle manufacturers and equipment manufacturers.
    Abstract: 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 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. 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.
    Estimated Annual Burden Hours: 600 hours.
    (2) Title: 49 CFR Part 557, Petitions for Hearings on Notifications 
and Remedy on Defects.
    OMB Control Number: 2127-0039.
    Affected Public: Persons (petitioners) who believe that a 
manufacturer has been deficient in notifying owners of the existence of 
a safety related defect or noncompliance, and that the manufacturer has 
not remedied the problem in accordance with statutory requirements, and 
who wish redress.
    Abstract: 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. 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.
    Estimated Annual Burden Hours: 21.
    (3) Title: 49 CFR Part 552, Petitions for Rulemaking, Defect and 
Noncompliance Orders.
    Affected Public: Any person has a statutory right to petition the 
agency to issue an order under section 30162.
    Abstract: 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 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. Under Part 552, any person has a statutory right 
to petition the agency to issue an order under section 30162. When 
NHTSA

[[Page 55916]]

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.
    Estimated Annual Burden Hours: 100.
    Addresses: Send comments, within 30 days, to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725-17th Street, NW., Washington, DC 20503, Attention DOT Desk Officer. 
Comments are invited on: 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; the accuracy of the Department's estimate of the burden of the 
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.
    A comment to OMB is most effective if OMB receives it within 30 
days of publication.

    Issued in Washington, DC, on October 13, 1998.
Vanester M. Williams,
Clearance Officer, United States Department of Transportation.
[FR Doc. 98-27919 Filed 10-16-98; 8:45 am]
BILLING CODE 4910-62-P