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###### Department of Transportation

###### National Highway Traffic Safety Administration 

          - [U.S. DOT Docket Number NHTSA-2004-19627] 

# AGENCY:

National Highway Traffic Safety Administration (NHTSA), Department of Transportation. 

# ACTION:

Request for public comment on proposed collection of information. 

# SUMMARY:

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. 

This document describes one collection of information for which NHTSA intends to seek OMB approval. 

# DATES:

Comments must be received on or before January 18, 2005. 

# ADDRESSES:

Comments must refer to the docket notice numbers cited at the beginning of this notice and be submitted to Docket Management, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590. Please identify the proposed collection of information for which a comment is provided, by referencing its OMB clearance Number. It is requested, but not required, that 2 copies of the comment be provided. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 

# FOR FURTHER INFORMATION CONTACT:

Complete copies of each request for collection of information may be obtained at no charge from Anetris Campbell, NHTSA 400 Seventh Street, SW., Room 5401-NVS-100, Washington, DC 20590.  Anetris Campbell's telephone number is (202) 366-0933. Please identify the relevant collection of information by referring to its OMB Control 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 first 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 regulation (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; 

                    (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 for public comments on the following proposed collections of information: 

*Title:*49 CFR 552, Petitions for Rulemaking, Defects, and Noncompliance Orders.                 

*OMB Control Number:*                     2127-0046.                 

*Affected Public:*                     Business or other for-profit.                 

*Form Number:*                     This collection of information uses no standard forms.                 

*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. 

*Estimated Annual Burden:*                     20.                 

*Number of Respondents:*                     20.                 

*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.                 

Issued on: November 12, 2004. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. 04-25653 Filed 11-18-04; 8:45 am] 

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