Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval: Request for Comment; Consumer Complaint Information

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval: Request for Comment; Consumer Complaint Information

Publication: Federal Register
Agency: National Highway Traffic Safety Administration
Byline: Stephen Ridella
Date: 23 February 2023
Subjects: American Government

, Safety

[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11510-11512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03708]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0016]

Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval: Request for
Comment; Consumer Complaint Information

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

ACTION: Notice and request for comments on a reinstatement of a
previously approved collection of information.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Request (ICR)
summarized below is being forwarded to the Office of Management and
Budget (OMB) for review and approval. The ICR describes the nature of
the information collection and its expected burden. A Federal Register
Notice with a 60-day comment period soliciting comments on the
following information collection was published on April 7, 2022. One
comment was received.

DATES: Comments must be submitted on or before March 27, 2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection, including suggestions for reducing burden,
should be submitted to the Office of Management and Budget at
www.reginfo.gov/public/do/PRAMain. To find this particular information
collection, select ``Currently under Review--Open for Public Comment''
or use the search function.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to

[[Page 11511]]

background documents, contact Randy Reid, Office of Defects
Investigation (NEF-100), 212-366-2315, National Highway Traffic Safety
Administration, W48-335, Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590, email: randy.reid@dot.gov. Please
identify the relevant collection of information by referring to its OMB
Control Number (2127-0008).

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), a
Federal agency must receive approval from the Office of Management and
Budget (OMB) before it collects certain information from the public and
a person is not required to respond to a collection of information by a
Federal agency unless the collection displays a valid OMB control
number. In compliance with these requirements, this notice announces
that the following information collection request will be submitted
OMB.
Title: Consumer Complaint Information.
OMB Control Number: 2127-0008.
Form Number: O.M.B No. 2127-0008.
Type of Request: Reinstatement of a previously approved information
collection.
Type of Review Requested: Regular.
Length of Approval Requested: Three years from date of approval.
Summary of the Collection of Information:
Chapter 301 of title 49 of the United States Code authorizes the
Secretary of Transportation (NHTSA by delegation) to require
manufacturers of motor vehicles and 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. Pursuant to title 49 of the United States Code of
Federal Regulations (CFR) parts 573 and 577, manufacturers are required
to notify NHTSA, as well as motor vehicle and motor vehicle equipment
owners, dealers, and distributors, that a determination has been made
to remedy a defect through the issuance of a safety recall.
Manufacturers often initiate safety recalls voluntarily, while other
recalls are influenced by NHTSA investigations or ordered by NHTSA via
a court ruling. A manufacturer of each such motor vehicle or item of
replacement equipment presented for remedy pursuant to such
notification is required to remedy the safety defect at no charge to
the owner. The manufacturer shall cause the vehicle to be remedied by
any of the following means: (1) by repairing such vehicle or equipment;
(2) by replacing such motor vehicle or equipment with an identical or
similar product; or (3) by refunding the purchase price less
depreciation.
In order to help NHTSA identify safety-related defects, the agency
solicits information from vehicle owners. This information is used to
identify and evaluate possible safety-related defects and provide the
necessary evidence of the existence of such a defect. NHTSA also uses
the information to monitor the adequacy of a manufacturer's recall
efforts. Consumers of motor vehicles or motor vehicle equipment
voluntarily submit complaints through NHTSA's Vehicle Safety Hotline,
NHTSA's website (www.nhtsa.gov), or through correspondence.
Description of the Need for the Information and Proposed Use of the
Information:
NHTSA uses input from consumers to help identify potential safety-
related defects that could lead to a safety recall or recall
inadequacies. The complaints disclose consumers' allegations of a
safety defect that they experienced with their vehicle or vehicle
equipment, including defects that resulted in injuries, crashes,
property damage, or death. All complaints are converted to a Vehicle
Owner Questionnaire (VOQ) format and reviewed by NHTSA investigation/
engineer staff. A NHTSA investigator may respond to a consumer
submitting a complaint if more information is required. NHTSA staff
review complaints/VOQs and determines whether further action by the
agency is warranted. The agency has used this information to develop
technical foundations of evidence with which to prove to manufacturers
and a court that safety-related defects exist which require remedy. The
information collection provides valuable information that helps NHTSA
identify unreasonable safety risks in specific makes, models, and model
years of vehicles and equipment and helps the agency determine when to
open an investigation or initiate a recall. In this way, the
information collection helps to reduce the number of crashes, fires,
injuries, and fatalities that occur on our Nation's highways.
60-Day Notice:
On April 7, 2022, NHTSA published a 60-day notice requesting
comment on NHTSA's intention to submit this ICR to OMB for approval (87
FR 20504). NHTSA received 1 comment, from the National Association of
Mutual Insurance Companies (NAMIC). In its comment, NAMIC stated that
it fully supports NHTSA's proposed collection of information as
necessary and appropriate and states that it believes the information
surveyed will have significant practical utility. NAMIC also stated
that NHTSA's estimate of the burden and the quality, utility, and
clarity of the information to be collected seem appropriate. NAMIC's
comment also suggested that NHTSA consider regulations or
recommendations to manufacturers that will ensure that the vehicle
owner/policyholder can access and control vehicle data. NAMIC also
provided a list of data elements for consideration in a regulation or
recommendation.
We appreciate the comments and recommendations from NAMIC. However,
the recommendations and suggestions regarding data availability are
beyond the scope of the current information collection request. NHTSA
will consider enhanced data collection and retrieval capabilities for
vehicle owners and policy holders in future actions.
Affected Public: Consumers of motor vehicles and motor vehicle
equipment.
Estimated Number of Respondents: 55,433.
There is an average of 58,350 complaints submitted per year
(average of 160 complaints submitted each day). Some individuals submit
multiple complaints to NHTSA. To estimate the total of unique
respondents per year, NHTSA estimates that the number of unique
respondents is 95 percent of the total number of complaints. Therefore,
NHTSA estimates that there will be approximately 55,433 respondents
each year (58,250 x .95).
Frequency: On-occasion.
The submission of complaints is triggered by the occurrence of a
problem with a consumer's vehicle.
Number of Responses: 58,350.
Estimated Total Annual Burden Hours: 9,725 hours.
Respondents have averaged 58,350 consumer complaints per year to
NHTSA between January 2018 and December 2020. NHTSA anticipates that a
respondent can complete a VOQ in approximately 10 minutes. The consumer
is asked to provide his/her name, complete mailing address, product
information, failed component information, and incident information,
copies of supporting documentation, and his/her signature. NHTSA
estimates the total annual burden respondents to be 9,725 hours (58,350
respondents x 10 minutes per VOQ = 9,725 annual hourly burden). To
calculate the opportunity cost to respondents associated with the
collection, NHTSA used the national average hourly earnings of all
employees on private nonfarm payrolls which the Bureau of Labor
Statistics

[[Page 11512]]

lists at $30.44.\1\ Therefore, opportunity cost associated with annual
burden hours associated with respondents submitting complaints is
estimated to be $296,029 (9,725 hours x $30.44 per hour = $296,029
annual opportunity cost burden).
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\1\ See Table B-3. Average hourly and weekly earnings of all
employees on private nonfarm payrolls, June 2021, available at
https://www.bls.gov/news.release/empsit.t19.htm (accessed September
16, 2021).

Table 1--Annual Hour Burden Estimates
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Estimated time Total annual
Annual number of respondents/responses per response Average hourly Opportunity cost Total annual opportunity
(minutes) opportunity cost per submission burden hours costs
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58,350........................................................ 10 $30.44 $5.07 9,725 $296,029
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Estimated Total Annual Burden Cost: $0.
Participation in this collection is voluntary, and there are no
costs to respondents beyond the time spent submitting a complaint.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) 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; (b) the accuracy of the Department's estimate
of the burden of the proposed information collection; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) 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. The agency will
summarize and/or include your comments in the request for OMB's
clearance of this information collection.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended; and 49 CFR 1.49; and DOT Order 1351.29A.

Stephen Ridella,
Director, Office of Defects Investigation, NHTSA.
[FR Doc. 2023-03708 Filed 2-22-23; 8:45 am]
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