Agency Information Collection Activities; Notice and Request for Comment; Consumer Complaint Information

Agency Information Collection Activities; Notice and Request for Comment; Consumer Complaint Information

Publication: Federal Register
Agency: National Highway Traffic Safety Administration
Byline: Stephen Ridella
Date: 7 April 2022
Subjects: American Government

, Safety

[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Notices]
[Pages 20504-20505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07425]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0016]

Agency Information Collection Activities; Notice and 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: The National Highway Traffic Safety Administration (NHTSA)
invites public comments about our intention to request approval from
the Office of Management and Budget (OMB) for a reinstatement of a
previously approved information collection. Before a Federal agency can
collect certain information from the public, it must receive approval
from 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 a collection of information for which NHTSA intends
to seek OMB approval on information gathered through consumer
complaints.

DATES: Written comments should be submitted by June 6, 2022.

ADDRESSES: You may submit comments identified by Docket No. NHTSA-2022-
0016 through one of the following methods:
Electronic Submissions: Go to the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments.
Fax: (202) 493-2251.
Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except on Federal holidays. To be sure someone is there
to help you, please call (202) 366-9322 before coming.
Instructions: All submissions must include the agency name and
docket number for this notice. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit https://www.transportation.gov/privacy.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets via internet.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to 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 Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) (PRA), 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: (a) 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; (b) 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; (c) how to enhance
the quality, utility, and clarity of the information to be collected;
and (d) 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 collection of
information for which the agency is seeking approval from OMB.
Title: Consumer Complaint Information.
OMB Control Number: 2127-0008.
Type of Request: Reinstatement of a previously approved information
collection.
Type of Review Requested: Regular.
Requested Expiration Date of Approval: 3 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

[[Page 20505]]

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.
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 number of unique 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 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 Average hourly Opportunity Total annual
Annual number of respondents/responses per response opportunity cost per Total annual opportunity
(minutes) cost 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 1351.29.

Stephen Ridella,
Director, Office of Defects Investigation, NHTSA.
[FR Doc. 2022-07425 Filed 4-6-22; 8:45 am]
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