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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-3465; Not. 1]

Reports, Forms and Recordkeeping Requirements; Agency Information

Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice.

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SUMMARY: The National Highway Traffic Safety Administration (NHTSA)

will submit the following emergency processing public information

collection requests (ICRS) to the Office of Management and Budget (OMB)

for review and clearance under the Paperwork Reduction Act of 1995

(Pub. L. 104-13, 44 U.S.C. Chapter 35). The NHTSA is publishing a

notice in the Federal Register, informing the public of NHTSA's plan to

submit to OMB Information collections for reinstatement, some with

changes of previously approved collections for which approval has

expired, under the emergency processing procedures, 5 CFR 1320.13. The

titles descriptions, affected public, with burden estimates are shown

below. Because OMB approval is valid for 180 days, NHTSA is taking

appropriate steps to obtain a regular approval.

Comments are invited on: 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; the accuracy of the Agency's estimate of the burden of

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.

DATES: Comments on this notice must be received on or before April 20,

1998.

ADDRESSES: Comments on this notice must refer to the docket number and

notice number in the heading of this notice and be submitted,

preferably in two copies, to: US Department of Transportation Docket

Management, PL-401, 400 Seventh Street, SW., Washington, DC 20590.

Docket hours are 10:00 a.m. to 5:00 p.m. Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Mr. Michael A. Robinson, NHTSA,

Information Specialist, Office of Technical Information Services, Room

[[Page 8518]]

5110, Department of Transportation, 400 Seventh Street, SW.,

Washington, DC 20590, Telephone: (202)366-9456.

SUPPLEMENTARY INFORMATION:

National Highway Traffic Safety Administration (NHTSA)

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

OMB Control Number: 2127-0521.

Affected Public: Individuals or households.

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.

Number of Respondents: 200.

(2) Title: 49 CAR Part 537--Automotive Fuel Economy Reports.

OMB Control Number: 2127-0019.

Affected Public: Business, Federal Government 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.

Number of Respondents: 20.

(3) Title: 49 CAR Section 571, 125-Warning Devices.

OMB Control Number: 2127-0506.

Affected Public: Business or other for-profit.

Abstract: 49 U.S.C. 30111, 30112 and 30117 (Appendix 1) of the

National Traffic and Motor Vehicle Safety Act of 1966, authorizes the

issuance of Federal Motor Vehicle Safety Standards (FMVSS). The

Secretary is authorized to issue, amend, and revoke such rules and

regulations as she/he deems necessary. Using this authority, the agency

issued FMVSS No. 125, Warning Devices which applies to devices, without

self contained energy sources, that are designed to be carried

mandatorily in buses and trucks that have a gross vehicle weight rating

(GVWR) greater than 10,000 pounds and voluntarily in other vehicles.

These devices designed to be permanently affixed to the vehicle.

Estimated Annual Burden: 5.7 hours.

Number of Respondents: 3.

(4) Title: Replaceable Light Source Dimensional Information

Collection, 49 CFR 54.

OMB Control Number: 2127-0563.

Affected Public: Business or other for-profit.

Abstract: Title 49 U.S.C. 322, 30111, 30115, 30117 and 30166, with

delegation of authority at 49 CFR, 49 CFR 1.50, authorize the issuance

of Federal Motor Vehicle Safety Standards (FMVSS) and the collection of

data which supports their implementation. The agency, in prescribing an

FMVSS, is to consider available relevant motor vehicle safety data, and

to consult with other agencies as it deems appropriate. Further, the

Title 49 U.S.C. mandates, that in issuing any FMVSS, the agency

consider whether the standard 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

standards will contribute to carrying out the purpose of Title 49

U.S.C. The Secretary is authorized to revoke such rules and regulations

as deemed necessary to carry out this subchapter. Using this authority,

the agency issued the initial FMVSS No. 108, Lamps, Reflective Devices,

and Associated Equipment, specifying requirements for vehicle lighting

for the purposes of reducing traffic accidents and their tragic result

by providing adequate roadway illumination, improved a vehicle

conspicuity, appropriate information transmission through signal lamps,

in both day, night, and other conditions of reduced visibility. The

standard has been amended numerous times in order to permit new

headlighting designs. In recent years, the standard had become

burdensome to bother regulators and regulated parties in the standard

has not been able to fully accommodate the styling needs of motor

vehicle designers, while at the same time assuring the safety on the

highways. This resulted in numerous burdensome petitions for rulemaking

to be submitted by the vehicle and lighting manufacturers to change the

design restrictive language. The reason for this burden was that as

originally adopted the standard was more equipment design oriented,

rather than performance oriented. Recent amendments have helped to

rectify this situation. The requirement for replaceable light source

dimensional information has resulted in a further extension of that

effort to make the standard more performance oriented, and reduce the

burden of petitioning for amendments to the Standard. The standard now

allows headlamp light sources (bulbs) that are specified in the

standard as well as those listed in Part 564, to assure proper

photometric performance upon replacement of the light sources upon

failure of the original. The original manufacturer may be the same as

that of the aftermarket replacement, consequently, headlamp bulbs

regardless of where they are listed, are required to be standardized by

inclusion of their interchangeability dimensions and other fit and

photometric aspects, thus requiring all identical type bulbs to be

manufactured to those pertinent interchangeability specifications.

Implementation of Part 564 reduces the burden to manufacturers and user

of new light sources by eliminating the 18 month petitioning process

and substituting a 1 month agency review. Upon completion of the

review, the new bulb's interchangeability information is listed in Part

564 and the new bulbs may be used 1 month later on new vehicles.

[[Page 8519]]

Estimated Annual Burden: 20.

Number of Respondents: 7.

(5) Title: Assigning DOT code Numbers to Glazing Material

Manufacturers.

OMB Control Number: 2127-0038.

Affected Public: Business or other for-profit.

Abstract: Title 49, Chapter 30115 of the U.S. Code specifies that

the Secretary of Transportation shall require every manufacturer or

distributor of a motor vehicle or motor vehicle equipment to furnish

the distributor or dealer at the time of delivery certification that

each item of motor vehicle equipment conforms to all applicable Federal

Motor Vehicle Safety Standards (FMVSS). Using this authority, the

agency issued FMVSS No. 571.205, Glazing Materials. This standard

specifies requirements for glazing materials for use in passengers

cars, multipurpose passenger vehicle, trucks, buses, motorcycle, slide-

in campers, and pickup covers designed to carry persons while in

motion. Also, this standard specifies certification and marking of each

piece of glazing materials. Certification for the items listed comes in

the form of a label, tag or marking on the outside of the motor vehicle

equipment and is permanently affixed and visible for the life of the

motor vehicle equipment. The purpose of this standard is to aid in

reducing injuries resulting from impact to glazing surfaces, and to

ensure a necessary degree of transparency for driver visibility. Both

glass and plastics are considered to be glazing materials which provide

safety and minimize the possibility of occupants being thrown through

the vehicle window in the event of an accident.

Estimated Annual Burden: 10.5 hours.

Number of Respondents: 21.

(6) Title: 49 CFR 571.218, Motorcycle Helmets (Labeling).

OMB Control Number: 2127-0518.

Affected Public: Federal, Local, State or Tribal Government,

Business or other for-profit.

Abstract: The National Traffic and Motor Vehicle Safety statute at

49 U.S.C. Subchapter II Standards and Compliance, Sections 30111 and

30117 authorizes the issuance of Federal motor vehicle safety standards

(FMVSS). The Secretary is authorized to issue, amend, and revoke such

rules and regulations as he/she deems necessary. The Secretary is also

authorized to require manufacturers to provide information to first

purchasers of motor vehicles or motor vehicle equipment when the

vehicle or equipment is purchased, in a printed matter placed in the

vehicle or attached to or accompanying the equipment. Using this

authority, the agency issued the initial FMVSS No. 218, Motorcycle

Helmets, in 1974. Motorcycle helmets are the devices used for

protecting motorcyclists and other motor vehicle users in motor vehicle

accidents. Federal Motor Vehicle Safety Standard No. 218 requires that

each helmet shall be labeled permanently and legibly (S5.6), in a

manner such that the label(s) can be read easily without removing

padding or any other permanent part.

Estimated Annual Burden: 4,000 hours.

Number of Respondents: 24.

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

OMB Control Number: 2127-0008.

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.

Number of Respondents: 239,000.

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

OMB Control Number: 2127-0576.

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

sentby 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.

Number of Respondents: 1,200.

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

OMB Control Number: 2127-0566.

Affected Public: State, Local 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.

Number of Respondents: 52.

(10) Title: Fatal Accident Reporting System (FARS).

OMB Control Number: 2127-0006.

Affected Public: State, Local or Tribal Government.

Abstract: Under both the Highway Safety Act of 1966 and the

National

[[Page 8520]]

Traffic and Motor Vehicle Safety Act of 1966, the National Highway

Traffic Safety Administration (NHTSA) has the responsibility to collect

accident data that support the establishment and enforcement of motor

vehicle regulations and highway safety programs. These regulations and

programs are developed to reduce the severity of injury and the

property damage associated with motor vehicle accidents. The Fatal

Accident Reporting System (FARS) is in its twenty-third year of

operation as a major system that acquires national fatality information

directly from existing State files and documents. Since FARS is an on-

going data acquisition system, reviews are conducted yearly to

determine whether the data acquired are responsive to the total user

population needs. The total user population includes Federal and State

agencies and the private sector. Annual changes in the forms are minor

in terms or operation and method of data acquisition, and do not affect

the reporting burden of the respondent (State employees utilize

existing State accident files). The changes usually involve

clarification adjustments to aid statisticians in conducting more

precise analyses and to remove potential ambiguity for the respondents.

OMB Clearance 2127-0006 authorizes the four FARS data acquisition

forms, 214, 214A, 214B, and 214C. This clearance expired December 31,

1995. An extension of this clearance to December 2000 is requested with

this submission. Since changes are not introduced during an information

acquisition period. Only minor changes to data element to remove

ambiguities in the information requested are planned for the 1998 data

collection year. Two data items, Death Certificate Number and Fatal

Injury At Work, are not recorded on any FARS form but are

electronically transmitted to the central FARS file. Any subsequent

increases in burden will be due to an increase in the number of traffic

accidents that may occur between 1996 and 2000 throughout the country.

Estimated Annual Burden: 77,400 hours.

Number of Respondents: 52.

(11) Title: Consolidated Labeling Requirements for Motor Vehicles

(Except the VIN).

OMB Control Number: 2127-0512.

Affected Public: Business or 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 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.

Number of Respondents: 1214.

(12) Title: Compliance Labeling of Retroreflective Materials for

Heavy Trailer Conspicuity.

OMB Control Number: 2127-0569.

Affected Public: Business or other for-profit.

Abstract: 49 U.S.C. 30111, 30112, and 30117 of the National Traffic

and Motor Vehicle Safety Act of 1966 authorizes the issuance of Federal

Motor Vehicle Safety Standards (FMVSS) and the collection of data which

supports their implementation. The agency, in prescribing a FMVSS, is

to consider available relevant motor vehicle safety data, and to

consult with other agencies as it deems appropriate. Further, the Act

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

standard 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 standards will contribute to carrying

out the purpose of the Act. The Secretary is authorized to promulgate

such rules and regulations as deemed necessary to carry out this

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

No. 108, Lamps, Reflective Devices, and Associated Equipment,

specifying requirements for vehicle lighting for the purpose of

improved vehicle conspicuity, appropriate information transmission

through signal lamps, in both day, night, and other conditions of

reduced visibility. The standard has been amended numerous times, and

the subject amendment, which became effective on December 1, 1993,

increases the conspicuity of large trailers would be reduced by about

15 percent if retroreflective material having certain essential

properties is used to mark the trailers. The amendment requires the

permanent marking of the letters DOT-C2, DOT-C3 or DOT-C4 at least 3mm

high at regular intervals on retroreflective sheeting material having

adequate performance to provide

[[Page 8521]]

effective trailer conspicuity. The high reflective brightness of the

material and its ability to reflect light which strikes it at an angle

are special properties required by the safety standard. The high

brightness is required because the material must be effective even when

it is dirty. One of the principal goals of the standard is to prevent

crashes in which the side of the trailer is blocking the road and it is

not sufficiently visible at night to fast traffic. Frequently, the side

of the trailer is not perpendicular to approaching traffic and the

conspicuity material must reflect light which strikes it at an angle in

order to be effective. There exist many types of retroreflective

material similar in appearance to the required materials but lacking in

its requisite properties. The manufacturers of new trailers are

required to certify that their products are equipped with

retroreflective material complying with the requirements of the

standard. The Federal Highway Administration Office of Motor Carrier

Safety enforces this and other standards through roadside inspections

of trucks. There is no practical field test for the performance

requirements, and labeling is the only objective way of distinguishing

truck conspicuity grade material from lower performance material.

Without labeling, FHWA will not be able to enforce the performance

requirements, and labeling is the only objective way of distinguishing

truck conspicuity grade material from lower performance material.

Without labeling, FHWA will not be able to enforce the performance

requirements of the standard, and the compliance testing of new

trailers will be complicated. Labeling is also important to small

trailer manufacturers because it may help them to certify compliance.

As a result of the comments to the NPRM, the agency decided to allow

wider stripes of material of lower brightness than originally proposed

as alternate means of providing the minimum safety performance.

Therefore, the marking system serves the additional role of identifying

the minimum stripe width required for the retroreflective brightness of

the particular material. Since the difference between the brightness

grades of suitable retroreflective conspicuity material is not obvious

from inspection, the marking system is necessary for trailer

manufacturers and repair ships to assure compliance and for FHWA to

inspect trailers in use.

Estimated Annual Burden: 0 hours.

Number of Respondents: 3.

(13) Title: Names and Addresses of First Purchasers of Motor

Vehicles.

OMB Control Number: 2127-0044.

Affected Public: Business or other for-profit.

Abstract: 49 U.S.C. 30117 Providing information to, and maintaining

records on, purchasers at subparagraph (b) Maintaining purchaser

records and procedures states in part: A manufacturer of a motor

vehicle or tire (except a retreaded tire) shall maintain a record of

the name and address of the first purchasers of each vehicle or tire it

produces and, to the extent prescribed by regulations of the Secretary,

shall maintain a record of the name and address of the name and address

of the first purchaser of replacement equipment (except a tire) that

the manufacturer produces. This agency has no regulation specifying how

the information is to be collected or maintained. When NHTSA's

authorizing statute was enacted in 1966, Congress determined that an

efficient recall of defective or noncomplying motor vehicles required

the vehicle manufacturers to retain an accurate record of vehicle

purchasers. By virtue of quick and easy access to this information, the

manufacturer is able to quickly notify vehicle owners in the event of a

recall. Experience with this statutory provision has shown that

manufacturers have retained this information in a manner sufficient to

enable them to expeditiously notify vehicle purchasers in case of a

recall. Based on this experience, NHTSA has determined that no

regulation is needed. Without this type of information readily

available, manufacturers would either need to spend more time or money

to notify purchasers of a recall.

Estimated Annual Burden: 950,000.

Number of Respondents: 19,000.

(14) Title: 49 CFR Part 566 Manufacturers' Identification.

OMB Control Number: 2127-0043.

Affected Public: Business or other for-profit.

Abstract: The National Highway Traffic Safety Administration's

statute at 49 U.S.C. 30118 Notification of defects and noncompliance

requires manufacturers to determine if the motor vehicle or item or

replacement equipment contains a defect related to motor vehicle safety

or fails to comply with an applicable Federal Motor Vehicle Safety

Standard. Following such a determination, the manufacturer is required

to notify the Secretary of Transportation, owners, purchasers and

dealers of motor vehicles or replacement equipment, of the defect or

noncompliance and to remedy the defect or noncompliance without charge

to the owner. With this determination, NHTSA issued 49 CFR Part 566,

Manufacturer Identification. Part 566 requires every manufacturer of

motor vehicles and/or replacement equipment to file with the agency on

a one time basis, the required information specified in Part 566.

Estimated Annual Burden: 25.

Number of Respondents: 100.

(15) Title: 49 CFR Part 556, Petitions for Inconsequentiality.

OMB Control Number: 2127-0045.

Affected Public: Business or other for-profit.

Abstract: The National Highway Traffic Safety Administration's

statute at 49 U.S.C. 30113 General exemptions at subsection (b)

Authority to exempt and procedures, authorizes the Secretary of

Transportation upon application of a manufacturer, to exempt the

applicant from the notice and remedy requirements of 49 U.S.C. Charter

301, if the Secretary determines that the defect or noncompliance is

inconsequential as ti relates to motor vehicle safety. The notice and

remedy requirements of Chapter 301 are set forth in 49 U.S.C. 30120

Remedies for defects and noncompliance. Those section require a

manufacturer of motor vehicles or motor vehicle equipment to notify

distributors, dealers and purchasers if any of the manufacturer's

products are determined either to contain a safety-related defect or to

fail to comply with an applicable Federal motor vehicle safety

standard. The manufacturer is under a concomitant obligation to remedy

such defects or noncompliance. NHTSA exercised this statutory authority

to excuse inconsequential defects or noncompliance when it promulgated

49 CFR Part 556, Petitions for Inconsequentiality--this regulation

establishes the procedures for manufacturers to submit such petitions

to the agency will use in evaluating those petitions. Part 556 allows

the agency to ensure that petitions filed under 15 U.S.C. 30113(b) are

both properly substantiated and efficiently processed.

Estimated Annual Burden: 30.

Number of Respondents: 15.

(16) Title: 49 CFR Part 573, Defect and Noncompliance Reports.

OMB Control Number: 2127-0004.

Affected Public: Business or other for-profit.

Abstract: NHTSA's statute at 49 U.S.C. sections 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),

[[Page 8522]]

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 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.

Number of Respondents: 50.

(17) Title: Consolidated Labeling Requirements for 49 CFR 571.115,

and Parts 565, 541 and 567.

OMB Control Number: 2127-0510.

Affected Public: Business or other for-profit.

Abstract: NHTSA's statute at 15 U.S.C. 1392, 1397, 1401, 1407, and

1412 (Attachment 3-9) of the National Traffic and Motor Vehicle Safety

Act of 1966 authorizes the issuance of Federal Motor Vehicle Safety

Standard (FMVSS) and the collection of data which support their

implementation. The agency, in prescribing a FMVSS, is to consider

available relevant motor vehicle safety data and to consult with other

agencies as it deems appropriate. Further, the Act mandates, that in

issuing any FMVSS, the agency should consider whether the standard 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 standards will contribute to carrying out

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

rules and regulations as deemed necessary to carry out this subchapter.

Using this authority, the agency issued the initial FMVSS No. 115,

Vehicle Identification Number, specifying requirements for vehicle

identification numbers to aid the agency in achieving many of its

safety goals.

The standard was amended in August 1978 by extending its

applicability to additional classes of motor vehicles and by specifying

the use of a 30-year, 17-character Vehicle Identification Number (VIN)

for worldwide use. The standard was amended in May 1983 (Attachment 8)

by deleting portions of FMVSS No. 115 and reissuing those portions as a

general agency regulation, Part 565. The provisions of these two

regulations require vehicle manufacturers to assign a unique VIN to

each new vehicle and to inform the National Highway Traffic Safety

Administration (NHTSA) of the code used in forming the VIN. These

regulations apply to all vehicles: passenger cars, multipurpose

passenger vehicles, trucks, buses, trailers, incomplete vehicles, and

motorcycles. b. 49 CFR Parts 541 and 567.

Part 541

The Motor Vehicle Information and Cost Savings Act was amended by

the Anti-Car Theft Act of 1992 (Pub.L. 102-519). The enacted Theft Act

states that passenger motor vehicles, multipurpose passenger vehicles,

and light-duty trucks with a gross vehicle weight rating of 6,000

pounds or less be covered under the Theft Prevention Standard. Each

major component part must be either labeled or affixed with the VIN and

for the replacement component part it must be marked with the DOT

symbol, the letter (R) and the manufacturers' logo.

Part 567

The VIN is required to appear on the certification label.

Estimated Annual Burden: 376,591.

Number of Respondents: 1,000.

Issued on: February 12, 1998.

Herman L.Simms,

Associate Administrator.

[FR Doc. 98-4089 Filed 2-18-98; 8:45 am]

BILLING CODE 4910-59-P