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###### Department of Transportation

###### National Highway Traffic Safety Administration 

          - [U.S. DOT Docket Number NHTSA-2004-19844] 

# 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 February 14, 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:

Walter Culbreath, NHTSA 400 Seventh Street, SW., Rm. 2404, NPO-400,Washington, DC 20590. Mr. Culbreath's telephone number is (202) 366-1566. 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;                           ( print page 74565)    

                    (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: 

                    (1)                     *Title:*49 CFR Part 566, Manufacturers' Identification.                 

*OMB Number:*                     2127-0043.                 

*Type of Request:*                     Extension of a currently approved collection.                 

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

*Abstract:*                     The National Highway Traffic Safety Administration's statute at 49 U.S.C. 30118: Notification of defect 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 566requires every manufacturer of motor vehicles and/or replacement equipment to file with the agency on a one times basis, the required information specified in Part 566.                 

*Estimated Total Annual Burden:*                     33.                 

*Estimated Number of Respondents:*                     200.                 

                    (2)                     *Title:*49 CFR 571.125, Warning Devices.                 

*OMB Number:*                     2127-0506.                 

*Type of Request:*                     Extension of a currently approved collection.                 

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

*Abstract:*49 U.S.C. 30111, 30112, and 30117 (Appendix 1) of the National Traffic and Motor Vehicle Safety Act of 1996, 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” (Appendix 2), which applies to devices, without self contained energy sources, that are designed to be carried mandatory in buses and trucks that have a gross vehicle weight rating (GVWR) greater than 10,000 pounds and voluntarily in other vehicles. These devices are used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicles. 

*Estimated Total Annual Burden:*                     1.                 

*Estimated Number of Respondents:*                     3.                 

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

*OMB Number:*                     2127-0518.                 

*Type of Request:*                     Extension of a currently approved collection.                 

*Affected Public:*                     Federal, Local, State, and Tribal Government, Business, or other for-profit organizations.                 

*Abstract:*                     The National Traffic 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 or motor vehicles or motor vehicle equipment when the vehicle equipment is purchased, in a printed matter placed in the vehicle or attached to our 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 Total Annual Burden:*                     5,333.                 

*Estimated Number of Respondents:*                     32.                

                    (4)                     *Title:*                     Replaceable Light Source Dimensional Information Collection, 49 CFR Part 564.                 

*OMB Number:*                     2127-0563.                 

*Type of Request:*                     Extension of a currently approved collection.                 

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

*Abstract:*                     The information to be collected is in response to 49 CFR Part 564, “Replaceable Light Source Dimensional Information.” Persons desiring to use newly designed replaceable headlamp light sources are required to submit interchangeability and performance specifications to the agency. After a short agency review to assure completeness, the information is placed in a public docket for use by any person who would desire to manufacture headlamp light sources for highway motor vehicles. In Federal Motor Vehicle Safety Standard No. 108, Lamps, reflective devices and associated equipment,” Part 564 submission are referenced as being the source of information regarding the performance and interchangeability information for legal headlamp light sources, whether original equipment or replacement equipment. Thus, the submitted information about headlamp light sources becomes the basis for certification of compliance with safety standards.                 

*Estimated Total Annual Burden:*                     28.                 

*Estimated Number of Respondents:*                     7.                

                    (5)                     *Title:*                     Compliance Labeling of Retroreflective Materials heavy Trailer Conspicuity.                 

*OMB Number:*                     2127-0569.                 

*Type of Request:*                     Extension of a currently approved collection.                 

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

*Abstract:*                     Federal Motor Vehicle Safety Standard No. 108, “Lamps Reflective Devices, and Associated Equipment,” specifies requirements for vehicle lighting for the purposes of reducing traffic accidents and their tragic results by providing adequate roadway illumination, improved vehicle conspicuity, appropriate information transmission through signal lamps, in both day, night, and other conditions of reduced visibility. For certifications and identification purposes, the Standard requires the permanent marking of the letters “DOT-C2,” DOT-C3”, or DOT “C4” at least 3 mm high at regular intervals on retroreflective sheeting material having adequate performance to provide effective trailer conspicuity.                 

                    The manufacturers of new tractors and trailers are required to certify that their products are equipped with retroreflective material complying with the requirements of the standard. The Federal Highway Administration (FHWA) 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 objectives way of distinguishing trailer 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 tractors and trailers will be complicated. Labeling is also important to small trailer manufactures because it may help them to certify compliance. Because wider stripes or material of lower brightness                           ( print page 74566)                        also can provide the minimum safety performance, the marking system serves the additional role of identifying the minimum stripe width required for retroreflective brightness of the particular material. Since the differences between the brightness grades of suitable retroreflective conspicuity material is not obvious from inspection, the marking system is necessary for tractor and trailer manufacturers and repair shops to assure compliance and for FHWA to inspect tractors and trailers in use.                 

Permanent labeling is used to identify retroreflective material having the minimum properties required for effective conspicuity of trailers at night. The information enables the FHWA to make compliance inspections, and it aids tractor and trailer owners and repairs shops in choosing the correct repair materials for damaged tractors and trailers. It also aids smaller trailer manufacturers in certifying compliance of their products. 

The FHWA will not be able to determine whether trailers are properly equipped during roadside inspections without labeling. The use of cheaper and more common reflective materials, which are ineffective for the application, would be expected in repairs without the labeling requirement. 

*Estimated Total Annual Burden:*                     1.                 

*Estimated Number of Respondents:*                     3.                

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: December 3, 2004. 

Susan White, 

Chief Information Officer. 

[FR Doc. 04-27305 Filed 12-13-04; 8:45 am] 

BILLING CODE 4910-59-P