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 (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]

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