[Federal Register Volume 63, Number 99 (Friday, May 22, 1998)]
[Notices]
[Pages 28436-28438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13699]


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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 collections was 
published on February 19, 1998 [63 FR 8517-8522].

DATES: Comments must be submitted on or before June 22, 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: 49 CFR Part 573, Defect and Noncompliance Reports.
    OMB Control Number: 2127-0004.
    Type Request: Extension of a currently approved collection.
    Form(s): NA.
    Affected Public: Business or other for-profit.
    Abstract: NHTSA's statute at 49 U.S.C. 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), 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

[[Page 28437]]

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 hours.
    (2) Title: Consumer Complaint/Recall Audit Information.
    OMB Control Number: 2127-0008.
    Type Request: Extension of a currently approved collection.
    Form(s): HS Form 350 and 350C.
    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 hours.
    (3) Title: 49 CFR Part 537--Automotive Fuel Economy Reports.
    OMB Control Number: 2127-0019.
    Type Request: Extension of a currently approved collection.
    Affected Public: Business 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.
    (4) Title: Consolidated Labeling Requirements for Motor Vehicles 
(Except the VIN).
    OMB Control Number: 2127-0512.
    Type Request: Extension of a currently approved collection.
    Affected Public: Business or other 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

[[Page 28438]]

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.
    (5) Title: 49 CFR 571.116, Motor Vehicle Brake Fluids.
    OMB Control Number: 2127-0521.
    Type Request: Extension of a currently approved collection.
    Affected Public: Business or other for-profit.
    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.
    (6) Title: Drug Offender's License Suspension Certification.
    OMB Control Number: 2127-0566.
    Type Request: Extension of a currently approved collection.
    Affected Public: Local, State 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.
    (7) Title: Voluntary Child Safety Seat Registration Form.
    OMB Control Number: 2127-0576.
    Type Request: Extension of a currently approved collection.
    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 
sent by 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.

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 13, 1998.
Phillip A. Leach,
Clearance Officer, United States Department of Transportation.
[FR Doc. 98-13699 Filed 5-21-98; 8:45 am]
BILLING CODE 4910-62-P