[Federal Register Volume 63, Number 81 (Tuesday, April 28, 1998)]
[Notices]
[Pages 23336-23337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11180]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[U.S. DOT Docket Number NHTSA-98-3766]


Reports, Forms, and Recordkeeping Requirements

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

ACTION: Request for public comment on proposed collection of 
information.

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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 two collections of information for which 
NHTSA intends to seek OMB approval.

DATES: Comments must be received on or before June 29, 1998.

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, S.W., 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 Mr. Michael 
Robinson, NHTSA Information Collection Clearance Officer, 400 Seventh 
Street, S.W., Room 6123, NAD-40, Washington, D.C. 20590. Mr. Robinson's 
telephone number is (202) 366-9456. 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:

Odometer Disclosure Statement

    Title: 49 CFR Part 580, Odometer Disclosure Statement.
    OMB Control Number: 2127-0047.
    Affected Public: Individuals, Households, Business, other for-
profit, and Not-for-profit institutions, Federal Government, and State, 
Local or Tribal Government.

[[Page 23337]]

    Abstract: The Federal odometer law, 49 U.S.C. Chapter 327, and 
implementing regulations, 49 CFR Part 580, require each transferor of a 
motor vehicle to provide the transferee with a written disclosure of 
the vehicle's mileage. This disclosure is to be made on the vehicle's 
title, or in the case of a vehicle that has never been titled, on a 
separate form. If the title is lost or is held by a lienholder, and 
where permitted by state law, the disclosure can be made on a state-
issued, secure power of attorney.
    Estimated Annual Burden: 2,586,160 hours.
    Number of Annual Respondents: Approximately 130,000,000.

Record Retention

    Title: 49 CFR Part 576, Record Retention.
    OMB Control Number: 2127-0042.
    Affected Public: Business or other for-profit.
    Abstract: Under 49 U.S.C. Section 30166(e), NHTSA ``reasonably may 
require a manufacturer of a motor vehicle or motor vehicle equipment to 
keep records, and a manufacturer, distributor, or dealer to make 
reports, to enable [NHTSA] to decide whether the manufacturer, 
distributor or dealer has complied or is complying with this chapter or 
a regulation prescribed under this chapter.''
    49 U.S.C. Section 30118(c) requires manufacturers to notify NHTSA 
and owners, purchasers, and dealers if the manufacturer (1) ``learns'' 
that any vehicle or equipment manufactured by it contains a defect and 
decides in good faith that the defect relates to motor vehicle safety, 
or (2) ``decides in good faith'' that the vehicle or equipment does not 
comply with an applicable Federal motor vehicle safety standard. The 
only way for the agency to decide if and when a manufacturer 
``learned'' of a safety-related defect or ``decided in good faith'' 
that some products did not comply with an applicable Federal motor 
vehicle safety standard is for the agency to have access to the 
information available to the manufacturer.
    Further, 49 U.S.C. Section 30118(a) requires NHTSA to immediately 
notify a manufacturer if the agency determines that some of the 
manufacturer's products either do not comply with an applicable Federal 
motor vehicle safety standard or contain a safety-related defect, and 
provide the manufacturer with all the information on which the 
determination is based. Agency determinations of noncompliance are 
generally based upon actual testing conducted by or for the agency. 
However, defect determinations depend heavily upon review of consumer 
complaints submitted to the manufacturer, communications between 
manufacturers and suppliers, and the manufacturers' analyses of field 
problems and/or warranty claims. Without these complaints and 
manufacturer documents, NHTSA would have only limited access to 
information about vehicle or equipment problems.
    To ensure that NHTSA will have access to this type of information, 
the agency exercised the authority granted in 49 U.S.C. Section 
30166(e) and promulgated 49 CFR Part 576, Record Retention. This 
regulation requires manufacturers of motor vehicles to retain one copy 
of all records that contain information concerning malfunctions that 
may be related to motor vehicle safety, for a period of five years 
after the record is generated or acquired by the manufacturer.
    Estimated Annual Burden: 40,000 hours.
    Number of Respondents: At least 1,000 vehicle manufacturers of all 
types.

    Authority: 49 U.S.C. 30166, 49 U.S.C. Chapter 327; delegations 
of authority at CFR 1.50 and 501.8.
Kenneth N. Weinstein,
Associate Administrator for Safety Assurance.
[FR Doc. 98-11180 Filed 4-27-98; 8:45 am]
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