[Federal Register Volume 69, Number 141 (Friday, July 23, 2004)]
[Notices]
[Pages 44077-44078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16841]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18667; Notice 1]


Reports, Forms and Record Keeping Requirements

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

ACTION: Notice.

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SUMMARY: Before a Federal agency can collect certain information from 
the public, the agency must receive approval from the Office of 
Management and Budget (``OMB''). Under procedures established by the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), before 
seeking OMB approval, Federal agencies must solicit public comment on 
proposed collections of information, including extensions and 
reinstatements of previously approved collections. In compliance with 
the Paperwork Reduction Act of 1995, this notice describes one 
collection of information for which NHTSA intends to seek OMB approval.

DATES: Comments must be submitted on or before September 21, 2004.

ADDRESSES: Comments must refer to the docket number 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 also addressing its OMB Clearance Number. You may also submit your 
comments to the docket electronically. Documents may be filed 
electronically by logging onto the Docket Management System Web site at 
http://dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to 
obtain instructions for filing the document electronically.
    Comments may also be submitted by fax at 202-493-2251.
    For further assistance, you may call Docket Management at 202-366-
1918. You may also visit the Docket and submit comments by hand 
delivery from 9 a.m. to 5 p.m., Monday through Friday, except on 
Federal Holidays.

FOR FURTHER INFORMATION CONTACT: For questions contact Michael Kido in 
the Office of the Chief Counsel at the National Highway Traffic Safety 
Administration, telephone (202) 366-5263. 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 extension of clearance for a currently approved 
collection of information:

Confidential Business Information

    Type of Request--Extension of clearance.
    OMB Clearance Number--2127-0025.
    Form Number--This collection of information uses no standard forms.
    Requested Expiration Date of Approval--Three (3) years from the 
date of approval of the collection.
    Summary of the Collection of Information--Each person who submits 
information to the agency and seeks to have the agency withhold some or 
all of that information from disclosure under the Freedom of 
Information Act (``FOIA''), 5 U.S.C. 552, must provide the agency with 
sufficient support that justifies the confidential treatment of that 
information. In addition, a request for confidential treatment must be 
accompanied by: (1) A complete copy of

[[Page 44078]]

the submission; (2) a copy of the submission containing only those 
portions for which confidentiality is not sought with the confidential 
portions redacted; and (3) either a second complete copy of the 
submission or alternatively those portions of the submission that 
contain the information for which confidentiality is sought. 
Furthermore, the requestor must submit a completed certification as 
provided in 49 CFR Part 512, Appendix A. See generally 49 CFR Part 512 
(NHTSA Confidential Business Information regulations).
    Part 512 ensures that information submitted under a claim of 
confidentiality is properly evaluated in an efficient manner under 
prevailing legal standards and, where appropriate, accorded 
confidential treatment. To facilitate the evaluation process, in their 
requests for confidential treatment, submitters of information may make 
reference to certain limited classes of information that are 
presumptively treated as confidential, such as blueprints and 
engineering drawings, future specific model plans (under limited 
conditions), and future vehicle production or sales figures for 
specific models (under limited conditions). Certain other information 
that the agency collects pursuant to the Early Warning Reporting rule 
(49 CFR Part 579) is treated confidentially by rule under 49 CFR Part 
512, Appendix C and submitters need not provide a request for 
confidential treatment these classes of information.
    Description of the Need for the Information and Use of the 
Information--NHTSA receives confidential information for use in its 
activities, which include investigations, rulemaking actions, program 
planning and management, and program evaluation. The information is 
needed to ensure the agency has sufficient relevant information for 
decision-making in connection with these activities. Some of this 
information is submitted voluntarily, as in rulemaking, and some is 
submitted in response to compulsory information requests, as in 
investigations.
    Description of the Likely Respondents, Including Estimated Number 
and Proposed Frequency of Response to the Collection of Information--
This collection of information applies to any entity that submits to 
the agency information that the entity wishes to have withheld from 
disclosure under the FOIA. Thus, the collection of information applies 
to any entity that is subject to laws administered by the agency or 
agency regulations and is under an obligation to provide information to 
the agency. It also includes entities that voluntarily submit 
information to the agency. Such entities would include manufacturers of 
motor vehicles and of motor vehicle equipment. Importers are considered 
to be manufacturers. It may also include other entities that are 
involved with motor vehicles or motor vehicle equipment but are not 
manufacturers.
    Estimate of the Total Annual Reporting and Recordkeeping Burdens 
Resulting from the Collection of Information--3,600 hours.
    The agency receives requests for confidential treatment that vary 
in size from requests that ask the agency to withhold as little as a 
portion of one page to multiple boxes of documents. NHTSA estimates 
that it will take on average approximately eight (8) hours for an 
entity to prepare a submission requesting confidential treatment. This 
estimate will vary based on the size of the submission, with smaller 
and voluntary submissions taking considerably less time to prepare. 
This estimate of the average amount of time per submission is higher 
than the four hours estimated for the existing information clearance 
and reflects the volume of documents in some submissions in complex 
investigations, the amendments to the agency's rules in 2003 and the 
improved justifications for confidential treatment that followed.
    NHTSA estimates that it will receive approximately 450 requests for 
confidential treatment annually. This figure is based on the number of 
requests received in the first six months of 2004 (225) multiplied by 
two (2). We selected this period because in the last year, we have 
received more requests than in previous years and believe that the most 
recent data is the most representative of the number of requests that 
will be submitted. The agency estimates that the total burden for this 
information collection will be approximately 3,600 hours, which is 
based on the number of requests (450) multiplied by the estimated 
number of hours to prepare each submission (8 hours).
    Since nothing in the rule requires those persons who request 
confidential treatment pursuant to Part 512 to keep copies of any 
records or requests submitted to us, recordkeeping costs imposed would 
be zero hours and zero costs.

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

    Issued on: July 19, 2004.
Jacqueline Glassman,
Chief Counsel.
[FR Doc. 04-16841 Filed 7-22-04; 8:45 am]
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