[Federal Register Volume 63, Number 103 (Friday, May 29, 1998)]
[Notices]
[Pages 29468-29470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14250]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA 98-3875]
Reports, Forms, and Recordkeeping Requirements
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Request for public comment on proposed collections of
information.
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SUMMARY: This document describes three collections of information for
which NHTSA intends to seek OMB approval. Under new procedures
established by the Paperwork Reduction Act of 1995, before seeking OMB
approval to collect information from the public, Federal agencies must
solicit public comment on proposed collections of information,
including extensions and reinstatements of previously approved
collections. Each of the collections for which this document requests
comment has been previously approved.
DATES: Comments must be received on or before July 28, 1998.
ADDRESSES: Comments must refer to the docket and notice numbers cited
at the beginning of this notice and be submitted to NHTSA's new Docket
Management Facility, located on the Plaza Level of the Nassif Building
at the U.S. Department of Transportation, Room PL-01, 400 Seventh
Street, SW, Washington, DC 20590-0001. Please identify the proposed
collection of information for which a comment is provided, by
referencing its OMB Clearance Number. The DOT Docket is open to the
public from 10 am to 5 pm, Mondays through Fridays.
FOR FURTHER INFORMATION CONTACT: Complete copies of each request for
collection of information may be obtained at no charge from Mr. Michael
Robinson, NHTSA Information Collection Clearance Officer, NHTSA, 400
Seventh Street, SW, Room 6123, Washington, DC 20590. Mr. Robinson's
telephone number is (202) 366-9456. 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 proposed collections of information:
49 CFR Part 552
Petitions for Rulemaking, Defect and Noncompliance Orders
Type of request--Extension of existing clearance.
OMB Clearance Number--2127-0046.
Form Number--This collection of information uses no standard forms.
Requested Expiration Date of Approval--Three years after date of
expiration of existing clearance.
Summary of the Collection of Information--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
[[Page 29469]]
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.
Description of the Need for the Information and Proposed Use of the
Information--Under Part 552, any person has a statutory right to
petition the agency to issue an order under section 30162. When NHTSA
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.
Description of the Likely Respondents (Including Estimated Number
and Proposed Frequency of Response to the Collection of Information)--
Under part 552, any person has a statutory right to petition the agency
to issue an order under section 30162. Petitions may be filed by any
person, including private individuals and small or large businesses.
The requirements are the same no matter who files the petition.
NHTSA does not require any person to file a petition under part
552. Therefore, whether to file a petition, and the frequency of
petitions filed, is entirely at the discretion of each petitioner.
Estimate of the Total Annual Reporting and Recordkeeping Burden
Resulting from the Collection of Information--
NHTSA estimates that there are no more than 100 of these petitions
filed annually. In most years fewer than this number of petitions are
filed. However, we will use this higher total to ensure that this
estimate does not understate the burden for the public.
Frequently, the petitions filed under Part 552 consist of no more
than one typewritten page. NHTSA believes very little total time is
needed to prepare these petitions. However, some of the petitions set
forth lengthy technical arguments and may require several hours to
prepare. Overall, NHTSA estimates that the average length of time
needed to prepare and file these petitions is one hour. Multiplying
this one hour by the 100 petitions filed each year, we estimate that
the burden associated with these petitions is 100 hours each year.
49 CFR Part 557
Petitions for Hearings on Notifications and Remedy on Defects
Type of Request--Extension of existing clearance.
OMB Control Number--2127-0039.
Form Number--This collection of information uses no standard forms.
Requested Expiration Date of Approval--Three years after date of
expiration of existing clearance.
Summary of the Collection of Information--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.
Description of the Need for the Information and Proposed Use of the
Information--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.
Description of the Likely Respondents (Including Estimated Number,
and Proposed Frequency of Response to the Collection of Information)--
NHTSA estimates that approximately 21 petitions are filed per year.
Since petitions are filed entirely at the discretion of the petitioner,
each person may file as few or as many petitions as it chooses.
Estimate of the Total Annual Reporting and Recordkeeping Burden
Resulting from the Collection of Information--Annual costs to the
petitioners can be estimated as follows: About 21 petitions for
hearings on notification and remedy of defects are filed each year.
Based on the length of the petitions (usually 3-4 typewritten pages)
and the amount of documentation included, NHTSA estimates that it would
take a petitioner about one hour to prepare one of these petitions.
Multiplying this one hour burden by the 21 petitions filed annually
yields an estimated annual burden of 21 hours for the petitioners under
part 557. If we assume a value of $20 per hour, the annual cost of
preparing these petitions is about $42. Adding in the postage cost of
$6.72 (21 petitions, at a cost of 32 cents to mail each one), we
estimate that it costs petitioners about $427 annually to prepare and
submit these petitions for hearings on notification and remedy of
defects.
There are no recordkeeping costs to the petitioners.
49 CFR Part 512
Confidential Business Information
Type of Request--Extension of existing clearance.
OMB Control Number--2127-0025.
Form Number--This collection of information uses no standard forms.
Requested Expiration Date of Approval--Three years from date of
approval.
Summary of the Collection of Information--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
[[Page 29470]]
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.
Description of the Need for the Information and Proposed Use of the
Information--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 for both the manufacturers and the agency.
Description of the Likely Respondents (Including Estimated Number,
and Proposed Frequency of Response to the Collection of Information--
The number of potential submitters of claims for confidential treatment
of information is 3,000. This includes 1,000 vehicle manufacturers and
2,000 equipment manufacturers. The decision whether to request
confidential treatment of information provided to NHTSA is entirely at
the discretion of the manufacturer. In a typical year, NHTSA receives
about 150 requests for confidential treatment of information, almost
all of which are from large businesses.
Estimate of the Total Annual Reporting and Recordkeeping Burden
Resulting from the Collection of Information--As earlier stated, in a
typical year, NHTSA receives about 150 requests for confidential
treatment of information. Almost all of these requests come from large
businesses. The justification for a request for confidential treatment
consists of several statements and a certification by a responsible
corporate official. In the case of submissions by large manufacturers,
(which may consist of thousands of pages of information), NHTSA
estimates it would take 4 hours to do the necessary background check to
be able to submit the required justification. On the other hand, the
typical small business that submits a single blueprint should need only
about 5 minutes to fully comply with the regulation. To ensure that
this estimate does not understate the burden the agency has assumed
that all confidentiality requests are submitted by large manufacturers.
Since they are not required to keep copies of the information provided
to NHTSA, there are no recordkeeping costs to the manufacturers. The
total burden hours associated with this collection of information is
estimated at 600 hours.
Authority: 44 U.S.C. 3506(c); delegation of authority at 49 CFR
1.50.
Issued: May 22, 1998.
John Womack,
Acting Chief Counsel.
[FR Doc. 98-14250 Filed 5-28-98; 8:45 am]
BILLING CODE 4910-59-P
