[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
