Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review |
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Herman L. Simms
National Highway Traffic Safety Administration
February 19, 1998
[Federal Register: February 19, 1998 (Volume 63, Number 33)]
[Notices]
[Page 8517-8522]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe98-129]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3465; Not. 1]
Reports, Forms and Recordkeeping Requirements; Agency Information
Collection Activity Under OMB Review
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice.
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SUMMARY: The National Highway Traffic Safety Administration (NHTSA)
will submit the following emergency processing public information
collection requests (ICRS) to the Office of Management and Budget (OMB)
for review and clearance under the Paperwork Reduction Act of 1995
(Pub. L. 104-13, 44 U.S.C. Chapter 35). The NHTSA is publishing a
notice in the Federal Register, informing the public of NHTSA's plan to
submit to OMB Information collections for reinstatement, some with
changes of previously approved collections for which approval has
expired, under the emergency processing procedures, 5 CFR 1320.13. The
titles descriptions, affected public, with burden estimates are shown
below. Because OMB approval is valid for 180 days, NHTSA is taking
appropriate steps to obtain a regular approval.
Comments are invited on: 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; the accuracy of the Agency's estimate of the burden of
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.
DATES: Comments on this notice must be received on or before April 20,
1998.
ADDRESSES: Comments on this notice must refer to the docket number and
notice number in the heading of this notice and be submitted,
preferably in two copies, to: US Department of Transportation Docket
Management, PL-401, 400 Seventh Street, SW., Washington, DC 20590.
Docket hours are 10:00 a.m. to 5:00 p.m. Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Mr. Michael A. Robinson, NHTSA,
Information Specialist, Office of Technical Information Services, Room
[[Page 8518]]
5110, Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20590, Telephone: (202)366-9456.
SUPPLEMENTARY INFORMATION:
National Highway Traffic Safety Administration (NHTSA)
(1) Title: 49 CFR Part 571.116, Motor Vehicle Brake Fluids.
OMB Control Number: 2127-0521.
Affected Public: Individuals or households.
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.
Number of Respondents: 200.
(2) Title: 49 CAR Part 537--Automotive Fuel Economy Reports.
OMB Control Number: 2127-0019.
Affected Public: Business, Federal Government 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.
Number of Respondents: 20.
(3) Title: 49 CAR Section 571, 125-Warning Devices.
OMB Control Number: 2127-0506.
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.
Number of Respondents: 3.
(4) Title: Replaceable Light Source Dimensional Information
Collection, 49 CFR 54.
OMB Control Number: 2127-0563.
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.
[[Page 8519]]
Estimated Annual Burden: 20.
Number of Respondents: 7.
(5) Title: Assigning DOT code Numbers to Glazing Material
Manufacturers.
OMB Control Number: 2127-0038.
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 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.
Number of Respondents: 21.
(6) Title: 49 CFR 571.218, Motorcycle Helmets (Labeling).
OMB Control Number: 2127-0518.
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 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.
Number of Respondents: 24.
(7) Title: Consumer Complaint/Recall Audit Information.
OMB Control Number: 2127-0008.
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.
Number of Respondents: 239,000.
(8) Title: Voluntary Child Safety Seat Registration Form.
OMB Control Number: 2127-0576.
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
sentby 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.
Number of Respondents: 1,200.
(9) Title: Drug Offender's License Suspension Certification.
OMB Control Number: 2127-0566.
Affected Public: State, Local 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.
Number of Respondents: 52.
(10) Title: Fatal Accident Reporting System (FARS).
OMB Control Number: 2127-0006.
Affected Public: State, Local or Tribal Government.
Abstract: Under both the Highway Safety Act of 1966 and the
National
[[Page 8520]]
Traffic and Motor Vehicle Safety Act of 1966, the National Highway
Traffic Safety Administration (NHTSA) has the responsibility to collect
accident data that support the establishment and enforcement of motor
vehicle regulations and highway safety programs. These regulations and
programs are developed to reduce the severity of injury and the
property damage associated with motor vehicle accidents. The Fatal
Accident Reporting System (FARS) is in its twenty-third year of
operation as a major system that acquires national fatality information
directly from existing State files and documents. Since FARS is an on-
going data acquisition system, reviews are conducted yearly to
determine whether the data acquired are responsive to the total user
population needs. The total user population includes Federal and State
agencies and the private sector. Annual changes in the forms are minor
in terms or operation and method of data acquisition, and do not affect
the reporting burden of the respondent (State employees utilize
existing State accident files). The changes usually involve
clarification adjustments to aid statisticians in conducting more
precise analyses and to remove potential ambiguity for the respondents.
OMB Clearance 2127-0006 authorizes the four FARS data acquisition
forms, 214, 214A, 214B, and 214C. This clearance expired December 31,
1995. An extension of this clearance to December 2000 is requested with
this submission. Since changes are not introduced during an information
acquisition period. Only minor changes to data element to remove
ambiguities in the information requested are planned for the 1998 data
collection year. Two data items, Death Certificate Number and Fatal
Injury At Work, are not recorded on any FARS form but are
electronically transmitted to the central FARS file. Any subsequent
increases in burden will be due to an increase in the number of traffic
accidents that may occur between 1996 and 2000 throughout the country.
Estimated Annual Burden: 77,400 hours.
Number of Respondents: 52.
(11) Title: Consolidated Labeling Requirements for Motor Vehicles
(Except the VIN).
OMB Control Number: 2127-0512.
Affected Public: Business or 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 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.
Number of Respondents: 1214.
(12) Title: Compliance Labeling of Retroreflective Materials for
Heavy Trailer Conspicuity.
OMB Control Number: 2127-0569.
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
[[Page 8521]]
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 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. Since the difference between the brightness
grades of suitable retroreflective conspicuity material is not obvious
from inspection, the marking system is necessary for trailer
manufacturers and repair ships to assure compliance and for FHWA to
inspect trailers in use.
Estimated Annual Burden: 0 hours.
Number of Respondents: 3.
(13) Title: Names and Addresses of First Purchasers of Motor
Vehicles.
OMB Control Number: 2127-0044.
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.
Number of Respondents: 19,000.
(14) Title: 49 CFR Part 566 Manufacturers' Identification.
OMB Control Number: 2127-0043.
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.
Number of Respondents: 100.
(15) Title: 49 CFR Part 556, Petitions for Inconsequentiality.
OMB Control Number: 2127-0045.
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 ti 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.
Number of Respondents: 15.
(16) Title: 49 CFR Part 573, Defect and Noncompliance Reports.
OMB Control Number: 2127-0004.
Affected Public: Business or other for-profit.
Abstract: NHTSA's statute at 49 U.S.C. sections 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),
[[Page 8522]]
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 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.
Number of Respondents: 50.
(17) Title: Consolidated Labeling Requirements for 49 CFR 571.115,
and Parts 565, 541 and 567.
OMB Control Number: 2127-0510.
Affected Public: Business or other for-profit.
Abstract: NHTSA's statute at 15 U.S.C. 1392, 1397, 1401, 1407, and
1412 (Attachment 3-9) of the National Traffic and Motor Vehicle Safety
Act of 1966 authorizes the issuance of Federal Motor Vehicle Safety
Standard (FMVSS) and the collection of data which support 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 should 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 revoke such
rules and regulations as deemed necessary to carry out this subchapter.
Using this authority, the agency issued the initial FMVSS No. 115,
Vehicle Identification Number, specifying requirements for vehicle
identification numbers to aid the agency in achieving many of its
safety goals.
The standard was amended in August 1978 by extending its
applicability to additional classes of motor vehicles and by specifying
the use of a 30-year, 17-character Vehicle Identification Number (VIN)
for worldwide use. The standard was amended in May 1983 (Attachment 8)
by deleting portions of FMVSS No. 115 and reissuing those portions as a
general agency regulation, Part 565. The provisions of these two
regulations require vehicle manufacturers to assign a unique VIN to
each new vehicle and to inform the National Highway Traffic Safety
Administration (NHTSA) of the code used in forming the VIN. These
regulations apply to all vehicles: passenger cars, multipurpose
passenger vehicles, trucks, buses, trailers, incomplete vehicles, and
motorcycles. b. 49 CFR Parts 541 and 567.
Part 541
The Motor Vehicle Information and Cost Savings Act was amended by
the Anti-Car Theft Act of 1992 (Pub.L. 102-519). The enacted Theft Act
states that passenger motor vehicles, multipurpose passenger vehicles,
and light-duty trucks with a gross vehicle weight rating of 6,000
pounds or less be covered under the Theft Prevention Standard. Each
major component part must be either labeled or affixed with the VIN and
for the replacement component part it must be marked with the DOT
symbol, the letter (R) and the manufacturers' logo.
Part 567
The VIN is required to appear on the certification label.
Estimated Annual Burden: 376,591.
Number of Respondents: 1,000.
Issued on: February 12, 1998.
Herman L.Simms,
Associate Administrator.
[FR Doc. 98-4089 Filed 2-18-98; 8:45 am]
BILLING CODE 4910-59-P