Reports, Forms and Recordkeeping Requirements Agency Information Collection Activity Under OMB Review

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 (ICRs) abstracted below have been forwarded to the

Office of Management and Budget (OMB) for review and approval. 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 February 19, 1998 [63 FR 8517-8522].

DATES: Comments must be submitted on or before June 22, 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 573, Defect and Noncompliance Reports.

OMB Control Number: 2127-0004.

Type Request: Extension of a currently approved collection.

Form(s): NA.

Affected Public: Business or other for-profit.

Abstract: NHTSA's statute at 49 U.S.C. 30112, and 30116-30121

requires the manufacturers of motor vehicles and motor vehicle

equipment to recall and remedy their products that do not comply with

applicable safety standards or contain a defect related to motor

vehicle safety. The manufacturer must notify the Secretary of

Transportation (through NHTSA), owners, purchasers and dealers of its

determination, and must remedy the defect or noncompliance. The

notification must be furnished within a reasonable time after a

determination is made with respect to defect or failure to comply. The

manufacturer of each motor vehicle or item of replacement equipment

presented for remedy shall make the remedy without charge. If a

manufacturer fails to notify owners or purchasers within the period

specified, the court may hold it liable under a civil penalty with

respect to such failure.

The Secretary may hold hearings in which any interested person may

make

[[Page 28437]]

oral or written views on questions of whether a manufacturer has

reasonably met its obligations to notify and remedy a defect or failure

to comply, or the Secretary may place specific actions on the

manufacturer to comply. The manufacturer shall furnish the Secretary

with a true copy of all notices, bulletins, and other communications to

the manufacturer's dealers, owners and purchasers regarding any defect

or noncompliance in the manufacturer's vehicle or item of equipment.

These statutes shall not create or affect any warranty obligations

under State and Federal law. To implement this authority, NHTSA

promulgated 49 CFR Part 573, Defect and Noncompliance Reports. This

regulation sets out the following requirements: (1) Manufacturers are

to include specific information in reports that must be filed with

NHTSA within five working days of a determination of defect or

noncompliance, pursuant to 49 U.S.C. 30118 and 30119; (2) Manufacturers

are to submit quarterly reports to the agency on the progress of recall

campaigns; (3) Manufacturers are to furnish copies to the agency of

notices, bulletins, and other communications to dealers, owners, or

purchasers regarding any defect or noncompliance, and; (4)

Manufacturers are to retain records of owners or purchasers of their

products that have been involved in a recall campaign.

Estimated Annual Burden: 6,300 hours.

(2) Title: Consumer Complaint/Recall Audit Information.

OMB Control Number: 2127-0008.

Type Request: Extension of a currently approved collection.

Form(s): HS Form 350 and 350C.

Affected Public: Individuals or households.

Abstract: Chapter 301 of Title 49 of the United States Code

(formerly the National Traffic and Motor Vehicle Safety Act, as amended

(the Act), the Secretary of Transportation is authorized to require

manufacturers of motor vehicles and items of motor vehicle equipment to

conduct owner notification and remedy, i.e., a recall campaign, when it

has been determined that a safety defect exists in the performance,

construction, components, or materials in motor vehicles and motor

vehicle equipment. To make this determination, the National Highway

Traffic Safety Administration (NHTSA) solicits information from vehicle

owners which is used to identify and evaluate possible safety-related

defects and provide the necessary evidence of the existence of such a

defect. Under the Authority of Chapter 301 of Title 49 of the United

States Code, the Secretary of Transportation is authorized to require

manufacturers of motor vehicle and items of motor vehicle equipment

which do not comply with the applicable motor vehicle safety standards

or contains a defect that relates to motor vehicle safety to notify

each owner that their vehicle contains a safety defect or

noncompliance. Also, the manufacturer of each such motor vehicle or

item of replacement equipment presented for remedy pursuant to such

notification shall cause such defect or noncompliance to be remedied

without charge. In the case of a motor vehicle presented for remedy

pursuant to such notification, the manufacturer shall cause the vehicle

to be remedied by whichever of the following means he elects: (1) By

repairing such vehicle; (2) by replacing such motor vehicle without

charge; or (3) by refunding the purchase price less depreciation. To

ensure these objectives are being met, NHTSA audits recalls conducted

by manufacturer. These audits are performed on a randomly selected

number of vehicle owners for verification and validation purposes.

Estimated Annual Burden: 36,380 hours.

(3) Title: 49 CFR Part 537--Automotive Fuel Economy Reports.

OMB Control Number: 2127-0019.

Type Request: Extension of a currently approved collection.

Affected Public: Business or other for-profit.

Abstract: 49 United States Code (U.S.C.) 32907(a) requires a

manufacturer report to the Secretary of Transportation on whether the

manufacturer will comply with an applicable average fuel economy

standard under 49 U.S.C. 32902 of this title for the model year for

which the report is made; the actions the manufacturer has taken or

intends to take to comply with the standard; and other information the

Secretary requires by regulation. To start this statutory requirement,

the agency issued a regulation specifying the required content of the

Automotive Fuel Economy Reports.

Estimated Annual Burden: 3,300 hours.

(4) Title: Consolidated Labeling Requirements for Motor Vehicles

(Except the VIN).

OMB Control Number: 2127-0512.

Type Request: Extension of a currently approved collection.

Affected Public: Business or other for-profit.

Abstract: 49 U.S.C. 3011 authorizes the issuance of Federal Motor

Vehicle Safety Standards (FMVSS) and regulations. The agency, in

prescribing a FMVSS or regulation is to consider available relevant

motor vehicle safety data, and consult with other agencies as it deems

appropriate. Further, the statute mandates that in issuing any FMVSS or

regulation, the agency consider whether the standard or regulation is

``reasonable, practicable and appropriate for the particular type of

motor vehicle or item of motor vehicle equipment for which it is

prescribed,'' and whether such a standard will contribute to carrying

out the purpose of the Act. The Secretary is authorized to revoke such

rules and regulations as he deems necessary to carry out this

subchapter. Using this authority, the agency issued the following FMVSS

and regulations, specifying labeling requirements to aid the agency in

achieving many of its safety goals. FMVSS 105, 205, 209, and 567 are

the standards the agency issued. Through FMVSS 105, this standard,

under section 5.4 requiring labeling, each vehicle shall have a brake

fluid warning statement in letters at least one-eighth of an inch high

on the master cylinder reservoirs and located so as to be visible by

direct view. FMVSS 205 requires manufacturer's distinctive trademark;

manufacturer's DOT code number; Mode of glazing (alpha-numerical

designation) and Type of glazing (there are currently 13 items of

glazing ranging from plastic windows to bullet resistant windshields).

In addition to requirements which apply to all glazing, certain

specialty items such as standee windows in buses, roof openings and

interior partitions made of plastic require that the manufacturer affix

a removable label to each item. The label specifies cleaning

instructions which will minimize the loss of transparency. Other

information may be provided by the manufacturer but is not required.

FMVSS 209-Seat belt Assemblies requires safety belts to be labeled with

the year of manufacture, the; model and the name or trademark of the

manufacturer (S4.5(j). Additionally, replacement safety belts that for

specific models of motor vehicles must have labels or accompanying

instruction sheets to specify the applicable vehicle models and seating

positions (S4.5(k)). All other replacement belts are required to be

accompanied by an installation instruction sheet (S4.1(k)). Seat belt

assemblies installed as original equipment in new motor vehicles need

not be required to be labeled with position model information. This

information is only useful if the assembly is removed with the

intention

[[Page 28438]]

of using the assembly as a replacement in another vehicle; this is not

a common practice. 49 U.S.C. 30111 requires each manufacturer or

distributor of motor vehicle to furnish to the dealer or distributor of

the vehicle a certification that the vehicle meets all applicable

FMVSS. This certification is required by that provision to be in the

form of a label permanently affixed to the vehicle. Under 49 U.S.C.

32504, vehicle manufacturers are directed to make a similar

certification with regard to bumper standards. To implement this

requirement, NHTSA issued 49 CFR Part 567. The agency's regulations

establish form and content requirement for the certification labels.

Estimated Annual Burden: 71,095 hours.

(5) Title: 49 CFR 571.116, Motor Vehicle Brake Fluids.

OMB Control Number: 2127-0521.

Type Request: Extension of a currently approved collection.

Affected Public: Business or other for-profit.

Abstract: 49 U.S.C. 309111, 30112 and 30117 of the National Traffic

and Motor Vehicle Safety Act of 1966, authorize the issuance of Federal

Motor Vehicle Safety Standards (FMVSS). The agency in prescribing a

FMVSS is to consider available relevant motor vehicle safety data and

to consult with appropriate agencies and obtain safety comments/

suggestions from the responsible counties, States, agencies, safety

commissions, public and other safety related authorities. Further the

Act mandates that in issuing any FMVSS the agency consider whether the

standards will contribute to carry out the purpose of the Act. The

Secretary is authorized to revoke such rules and regulations as he/she

deems necessary to carry out this Act. FMVSS No. 116 Motor Vehicle

Brake Fluids, specific performance and design requirements for motor

vehicle brake fluids and hydraulic system mineral oils. Section 5.2.2

specific labeling requirements for manufacturers and packagers of brake

fluids as well as packagers of hydraulic system mineral oils. The

information on the label of a container of motor vehicle brake fluid or

hydraulic system mineral oil is necessary to insure the following: the

contents of the container are clearly stated; these fluids are used for

their intended purpose only; and the containers are properly disposed

of when empty. Improper use or storage of these fluids could have dire

consequences for the operations of vehicles or equipment in which they

area used. This labeling information is used by motor vehicle owners,

operators, and vehicle service facilities to aid in the proper

selection of brake fluids and hydraulic system mineral oils for use in

motor vehicles and hydraulic equipment, respectively.

Estimated Annual Burden: 7,680 hours.

(6) Title: Drug Offender's License Suspension Certification.

OMB Control Number: 2127-0566.

Type Request: Extension of a currently approved collection.

Affected Public: Local, State or Tribal Government.

Abstract: Section 33 of the Department of Transportation (DOT) and

Related Agencies Appropriations Act for FY 1991 amends 23 U.S.C. 104,

and requires the withholding of certain Federal-aid highway funds from

States that do not enact legislation requiring the revocation or

suspension of an individual's driver's license upon conviction for any

violation of the Controlled Substances Act or any drug offense. This

notice proposes the violation of the Controlled Substances Act or any

drug offense. This notice proposes the manner in which States certify

that they are not subject to this withholding, and disposition of funds

that are withheld.

Estimated Annual Burden: 260 hours.

(7) Title: Voluntary Child Safety Seat Registration Form.

OMB Control Number: 2127-0576.

Type Request: Extension of a currently approved collection.

Affected Public: Individuals or households.

Abstract: Chapter 301 of Title 49 of the United States provides

that if either NHTSA or a manufacturer determines that motor vehicles

or items of motor vehicle equipment contain a defect that relates to

motor vehicle safety or fail to comply with an applicable Federal Motor

Vehicle Safety Standard, the manufacturer must notify owners and

purchasers of the defect or noncompliance and must provide a remedy

without charge. Pursuant to 49 CFR Part 577 Defects and noncompliance

notification for equipment items, including child safety seats, must be

sent by first class mail to the most recent purchaser known to the

manufacturer. In the absence of a registration system, man owners of

child safety seats are not notified of safety defects and

noncompliance, since the manufacturer is not aware of their identities.

Estimated Annual Burden: 26 hours.

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 best assured of having its full effect if OMB

receives it within 30 days of publication.

Issued in Washington, DC, on May 13, 1998.

Phillip A. Leach,

Clearance Officer, United States Department of Transportation.

[FR Doc. 98-13699 Filed 5-21-98; 8:45 am]

BILLING CODE 4910-62-P