[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Notices]
[Pages 75104-75105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27452]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket Number NHTSA-2004-19685]


Reports, Forms and Recordkeeping Requirements

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

ACTION: Request for public comment on renewal of existing information 
collections.

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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 a renewal or revision of three existing information 
collections for which NHTSA intends to seek OMB approval.

DATES: Comments must be received on February 14, 2005.

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. It is requested, but not required, that one (1) original plus 
two (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: Larry Long, Office of Defects 
Investigation, NHTSA, 400 Seventh Street, SW., Room 5319, NVS-215, 
Washington, DC 20590. Telephone: (202) 366-6281.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(PRA), 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 the proposed 
collection of information. 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 renewal or revision of

[[Page 75105]]

the following described collections of information:
    (1) Title: Petitions for Hearing on Notification and Remedy of 
Defects.
    Type of Request: Renewal of an information collection.
    OMB Control Number: 2127-0039.
    Affected Public: Businesses or individuals.
    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 a hearing 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 safety-
related defect or noncompliance with a Federal motor vehicle safety 
standard in the manufacturer's products and to remedy the defect or 
noncompliance.
    To implement these statutory provisions, NHTSA has promulgated 49 
CFR part 557, Petitions for Hearings on Notification and Remedy of 
Defects [41 FR 56812, Dec. 30, 1976], which establishes procedures to 
provide for the submission and disposition of petitions for hearings on 
the issue of whether the manufacturer has met its obligation to notify 
owners, purchasers, and dealers of safety-related defects or 
noncompliances or to remedy the problems by repair, repurchase, or 
replacement.
    Estimated annual burden: In the past, NHTSA estimated that 21 
petitions would be submitted annually and that each would require 1 
hour to prepare. However, in recent years, a total of 2 petitions have 
been filed. Our estimate of the time it takes to prepare each petition 
remains at 1 hour. Accordingly, the burden estimate is revised to be 2 
annual hours burden (2 petitions times 1 hour per petition).
    Number of respondents: 2.
    (2) Title: Record Retention.
    Type of Request: Revision of a currently approved information 
collection.
    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 or order issued under this chapter.''
    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, initially published on 
August 20, 1974 (39 FR 30045) and most recently amended on July 10, 
2002 (67 FR 45873), requiring manufacturers 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 calendar years 
after the record is generated or acquired by the manufacturer. 
Manufacturers are also required to retain for five years the underlying 
records related to early warning reporting (EWR) information submitted 
under 49 CFR Part 579.
    Estimated annual burden: Previously, the burden hours were 
estimated at 40,000 hours (1000 respondents x 40 hours). The new 
requirements affect an additional 20 equipment manufacturers annually. 
While there are approximately 23,600 equipment manufacturers, their 
reporting requirements under Part 579 are limited to incidents 
involving deaths. Therefore, based on the number of death reports 
submitted to date by equipment manufacturers, we estimate that the 
number of equipment manufacturers required to maintain records 
underlying their EWR reports is approximately 20. We estimate that it 
will take one hour to maintain the necessary records. Also, 1,000 
manufacturers of vehicles, tires and child restraint systems will be 
required to maintain records for their EWR reports, however, these are 
included in the prior approved information collection. Accordingly, the 
total estimate of the annual burden hours are 40,020 hours (20 
respondents times 1 hour, plus 1000 respondents times 40 hours).
    Number of respondents: 1,020.
    (3) Title: Names and Addresses of First Purchasers Of Motor 
Vehicles.
    Type of Request: Renewal of an information collection.
    OMB Control Number: 2127-0044.
    Affected Public: Businesses or other for profit.
    Abstract: Pursuant to 49 U.S.C. 30117(b), 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 regulation of the Secretary, 
shall maintain a record 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 for vehicles, and no requirement 
pertaining to manufacturers of replacement equipment. Requirements for 
first purchaser of tires information are contained in 49 CFR 574, Tire 
Identification and Recordkeeping, and the burden of that information 
collection is not part of this information collection.
    When 49 U.S.C. 30117 was enacted in 1966, it recognized that an 
efficient recall of defective or noncomplying motor vehicles required 
that vehicle manufacturers retain an accurate record of vehicle 
purchasers to notify in the event of a recall. Because manufacturers 
routinely maintain purchaser information for other business reasons, 
experience with this statutory requirement 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 determined that no regulation was needed.
    Estimated annual burden: In peak sales years, approximately 
17,500,000 new vehicles are sold annually. Vehicle manufacturers 
maintain a list of first purchasers based on information supplied to 
them by their dealer network. Each submission, through the use of a 
computerized verification system, requires the vehicle identification 
number and the purchaser's name and address. We estimate that it takes 
the dealer approximately 3 minutes (0.05 hours) to record the 
purchaser's information in each sales transaction. Therefore, the 
annual hours of burden to record the first purchaser information based 
upon recent vehicle sales will be 875,000 hours (0.05 hours x 
17,500,000 responses). Further, we estimate that approximately 1,000 
vehicle manufacturers must keep records and that each manufacturer 
requires 200 hours to keep these records for a total of 200,000 annual 
hours. Accordingly, the total annual reporting and recordkeeping burden 
for vehicle manufacturers is 1,075,000 hours (875,000 hours + 200,000 
hours). The annual burden of first purchaser information for tires has 
been included in information collection 2127-0050, Tire Identification 
and Recordkeeping, which is not part of this notice.
    Number of respondents: 1000 respondents and 17,500,000 annual 
responses.

Kathleen C. DeMeter,
Director for Office of Defects Investigation.
[FR Doc. 04-27452 Filed 12-14-04; 8:45 am]
BILLING CODE 4910-59-P