[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Notices]
[Pages 26670-26673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12638]


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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 (ICRs) abstracted below have been forwarded to the 
Office of Management and Budget (OMB) for review and approval. 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 collection was 
published on February 19, 1998 [62 FR 8517].

DATES: Comments must be submitted on or before June 12, 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: Assigning DOT code Numbers to Glazing Material 
Manufacturers.
    OMB Control Number: 2127-0038.
    Type Request: Extension of a currently approved collection.
    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

[[Page 26671]]

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.

    (2) Title: 49 CFR Part 566 Manufacturers' Identification.
    OMB Control Number: 2127-0043.
    Type Request: Extension of a currently approved collection.
    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 hours.

    (3) Title: Names and Addresses of First Purchasers of Motor 
Vehicles.
    OMB Control Number: 2127-0044.
    Type Request: Extension of a currently approved collection.
    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 hours.

    (4) Title: 49 CFR Part 556, Petitions for Inconsequentiality.
    OMB Control Number: 2127-0045.
    Type Request: Extension of a currently approved collection.
    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 it 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 hours.

    (5) Title: 49 CAR Section 571, 125-Warning Devices.
    OMB Control Number: 2127-0506.
    Type Request: Extension of a currently approved collection.
    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.

    (6) Title: 49 CFR 571.218, Motorcycle Helmets (Labeling).
    OMB Control Number: 2127-0518.
    Type Request: Extension of a currently approved collection.
    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

[[Page 26672]]

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.

    (7) Title: Replaceable Light Source Dimensional Information 
Collection, 49 CFR 54.
    OMB Control Number: 2127-0563.
    Type Request: Extension of a currently approved collection.
    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.
    Estimated Annual Burden: 20 hours.

    (8) Title: Compliance Labeling of Retroreflective Materials for
    Heavy Trailer Conspicuity.
    OMB Control Number: 2127-0569.
    Type Request: Extension of a currently approved collection
    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 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

[[Page 26673]]

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.
    Estimated Annual Burden: 1 hour.

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 best assured of having its full effect if OMB 
receives it within 30 days of publication.

    Issued in Washington, DC, on May 7, 1998.
Phillip A. Leach,
Clearance Officer, United States Department of Transportation.
[FR Doc. 98-12638 Filed 5-12-98; 8:45 am]
BILLING CODE 4910-62-P