Reports, Forms, and Recordkeeping Requirements

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

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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]

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