[Federal Register Volume 66, Number 159 (Thursday, August 16, 2001)]
[Notices]
[Pages 43037-43039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20669]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket Number NHTSA-2001-10343]


Reports, Forms, and Record Keeping Requirements

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

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

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SUMMARY: Before a Federal agency can collect certain information from 
the public, it must receive approval from the Office of Management and 
Budget (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 one collection of information for which 
NHTSA intends to seek OMB approval.

DATES: Comments must be received on or before October 15, 2001.

ADDRESSES:  Comments must refer to the docket notice numbers cited at 
the beginning of this notice and be submitted to Docket Management, 
Room PL-401, 400 Seventh Street, SW., Washington, DC 20590. Please 
identify the proposed collection of information for which a comment is 
provided, by referencing its OMB clearance Number. It is requested, but 
not required, that 2 copies of the comment be provided. The Docket 
Section is open on weekdays from 10 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Complete copies of each request for 
collection of information may be

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obtained at no charge from Walter Culbreath, NHTSA 400 Seventh Street, 
SW., Room 5208, NAD-40,Washington, DC 20590. Mr. Culbreath's telephone 
number is (202) 366-1566. Please identify the relevant collection of 
information by referring to its OMB Control 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 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:
    (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;
    (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 for public 
comments on the following proposed collections of information:
    (1) Title: 49 CFR Part 512, Confidential Business Information.
    OMB Control Number: 2127-0025.
    Affected Public: Business or other-for-profit, individuals or 
households.
    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. 552) and all 
agency rules to be supported by substantial evidence in the public 
record (5 U.S.C. 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.
    Estimated Annual Burden: 600 hours.
    Number of Respondents: 150

    (2) Title: 49 CFR Part 557, Petitions for hearings on Notifications 
and Remedy on Defects
    OMB Control Number: 2127-0039.
    Affected Public: Business or other-for-profit, individuals or 
households.
    Abstract: NHTSA's statutory authority at 49 U.S.C. 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.
    Estimated Annual Burden: 21 hours.
    Number of Respondents: 21.

    (3) Title: 49 CFR Part 576, Record Retention.
    OMB Control Number: 2127-0042.
    Affected Public: Business or other for-profit.
    Abstract: Under 49 U.S.C. 30166(e), NHTSA ``reasonably may require 
a manufacturer of a motor vehicle or motor vehicle equipment to keep 
records, and a manufacturer, distributor, or dealer to make reports, to 
enable (NHTSA) to decide whether the manufacturer, distributor or 
dealer has complied or is complying with this chapter or a regulation 
prescribed under this chapter.''
    49 U.S.C. 30118(c) requires manufacturers to notify NHTSA and 
owners, purchasers, and dealers if the manufacturer (1) ``learns'' that 
any vehicle or equipment manufactured by it contains a defect and 
decides in good faith that the defect relates to motor vehicle safety, 
or (2) ``decides in good faith'' that the vehicle or equipment does not 
comply with an applicable Federal motor vehicle safety standard. The 
only way for the agency to decide if and when a manufacturer 
``learned'' of a safety-related defect or ``decided in good faith'' 
that some products did not comply with an applicable Federal motor 
vehicle safety standard is for the agency to have access to the 
information available to the manufacturer.
    Further, 49 U.S.C. 30118(a) requires NHTSA to immediately notify a 
manufacturer if the agency determines that some of the manufacturer's 
products either do not comply with an applicable Federal motor vehicle 
safety standard or contain a safety-related defect, and provide the 
manufacturer with all the information on which the determination is 
based. Agency determinations of noncompliance are generally based upon 
actual testing conducted by or for the agency. However, defect 
determinations depend heavily upon review of consumer complaints 
submitted to the manufacturer, communications between manufacturers and 
suppliers, and the manufacturers' analyses of field problems and/or 
warranty claims. Without these complaints and manufacturer documents, 
NHTSA would have only limited access to information about vehicle or 
equipment problems.
    To ensure that NHTSA will have access to this type of information, 
the agency exercised the authority granted in 49 U.S.C. 30166(e) and 
promulgated 49 CFR part 576, Record Retention. This regulation requires 
manufacturers of motor vehicles to retain one copy of all records that 
contain information concerning malfunctions that may be related to 
motor vehicle safety for a period of five years after the record is 
generated or acquired by the manufacturer.
    Estimated Annual Burden: 40,000.
    Number of Respondents: 1,000.
    (4) Title: 49 CFR part 552, Petitions for Rulemaking, Defect and 
Noncompliance Orders.
    OMB Control Number: 2127-0046.
    Affected Public: Business or other-for-profit, Individuals or 
households.
    Abstract: 49 U.S.C. 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

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U.S.C. chapter 301, or to decide whether to issue an order under 49 
U.S.C. 30118(b). 49 U.S.C. 30111 gives the Secretary authority to 
prescribe motor vehicle safety standards. 49 U.S.C. 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.
    Estimated Annual Burden: 100 hours.
    Number of Respondents: 100.

    Issued on: August 13, 2001.
Herman L. Simms,
Associate Administrator for Administration.
[FR Doc. 01-20669 Filed 8-15-01; 8:45 am]
BILLING CODE 4910-59-P