Reports, Forms and Record Keeping Requirements

O. Kevin Vincent
National Highway Traffic Safety Administration
October 12, 2010

[Federal Register: October 12, 2010 (Volume 75, Number 196)]
[Notices]               
[Page 62625-62627]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc10-148]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0126]

 
Reports, Forms and Record Keeping Requirements

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

ACTION: Notice of proposed extension, without change, of a currently 
approved collection of information.

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SUMMARY: Before a Federal agency can collect certain information from 
the public, the agency must receive approval from the Office of 
Management and Budget (OMB). Under procedures established by the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), before 
seeking OMB approval, Federal agencies must solicit public comment on 
proposed collections of information, including extensions and 
reinstatements of previously approved collections. In compliance with 
the Paperwork Reduction Act of 1995, this notice

[[Page 62626]]

describes one collection of information for which NHTSA intends to seek 
OMB approval, relating to confidential business information.

DATES: Comments must be submitted on or before December 13, 2010.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., between 9 am and 5 pm Eastern 
Time, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Regardless of how you submit your comments, please be sure to 
mention the docket number of this document and cite OMB Clearance No. 
2127-0025, ``49 CFR Part 512, Confidential Business Information.''
    You may call the Docket at (202) 366-9322.
    Note that all comments received will be posted without change to 
http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act discussion 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).

FOR FURTHER INFORMATION CONTACT: For questions contact Nicholas Englund 
in the Office of the Chief Counsel at the National Highway Traffic 
Safety Administration, telephone (202) 366-5263.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, 
before an agency submits a proposed collection of information to OMB 
for approval, it must 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 regulations (at 5 CFR 
1320.8(d)), an agency must ask for public comment on the following:
    (i) 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;
    (ii) 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;
    (iii) how to enhance the quality, utility, and clarity of the 
information to be collected; and
    (iv) 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 
comment on the following extension of clearance for a currently 
approved collection of information:

Confidential Business Information

    Type of Request--Extension of clearance.
    OMB Clearance Number--2127-0025.
    Form Number--This collection of information uses no standard forms.
    Requested Expiration Date of Approval--Three (3) years from the 
date of approval of the collection.
    Summary of the Collection of Information--Persons who submit 
information to the agency and seek to have the agency withhold some or 
all of that information from disclosure under the Freedom of 
Information Act (``FOIA''), 5 U.S.C. 552, must provide the agency with 
sufficient support that justifies the confidential treatment of that 
information. In addition, a request for confidential treatment must be 
accompanied by: (1) A complete copy of the submission; (2) a copy of 
the submission containing only those portions for which confidentiality 
is not sought with the confidential portions redacted; and (3) either a 
second complete copy of the submission or alternatively those portions 
of the submission that contain the information for which 
confidentiality is sought. Furthermore, the requestor must submit a 
completed certification as provided in 49 CFR Part 512, Appendix A. See 
generally 49 CFR Part 512 (NHTSA Confidential Business Information 
regulations).
    Part 512 ensures that information submitted under a claim of 
confidentiality is properly evaluated in an efficient manner under 
prevailing legal standards and, where appropriate, accorded 
confidential treatment. To facilitate the evaluation process, in their 
requests for confidential treatment, submitters of information may make 
reference to certain limited classes of information that are 
presumptively treated as confidential, such as blueprints and 
engineering drawings, future specific model plans (under limited 
conditions), and future vehicle production or sales figures for 
specific models (under limited conditions). Further, most early warning 
reporting (EWR) data are confidential under class determinations 
provided in 49 CFR Part 512, with the exception of information on 
death, injury, and property damage claims and notices, which would be 
handled on an individual basis according to the procedures of Part 512 
and are, therefore, covered by this notice. 72 FR 59434 (Oct. 19, 
2007).
    Description of the Need for the Information and Use of the 
Information--NHTSA receives confidential information for use in its 
activities, which include investigations, rulemaking actions, program 
planning and management, and program evaluation. The information is 
needed to ensure the agency has sufficient relevant information for 
decision-making in connection with these activities. Some of this 
information is submitted voluntarily, as in rulemaking, and some is 
submitted in response to compulsory information requests, as in 
investigations.
    Description of the Likely Respondents, Including Estimated Number 
and Proposed Frequency of Response to the Collection of Information--
This collection of information applies to entities that submit to the 
agency information that the entities wish to have withheld from 
disclosure under the FOIA. Thus, the collection of information applies 
to entities that are subject to laws administered by the agency or 
agency regulations and are under an obligation to provide information 
to the agency. It also includes entities that voluntarily submit 
information to the agency. Such entities would include manufacturers of 
motor vehicles and of motor vehicle equipment. Importers are considered 
to be manufacturers. It may also include other entities that are 
involved with motor vehicles or motor vehicle equipment but are not 
manufacturers.
    Estimate of the Total Annual Reporting and Recordkeeping Burdens 
Resulting from the Collection of Information--3,600 hours.
    The agency receives requests for confidential treatment that vary 
in size from requests that ask the agency to

[[Page 62627]]

withhold as little as a portion of one page to multiple boxes of 
documents. NHTSA estimates that it will take on average approximately 
eight (8) hours for an entity to prepare a submission requesting 
confidential treatment. This estimate will vary based on the size of 
the submission, with smaller and voluntary submissions taking 
considerably less time to prepare. The agency based this estimate on 
the volume of requests received over the past three years.
    NHTSA estimates that it will receive approximately 450 requests for 
confidential treatment annually. This figure is based on the average 
number of requests received over the past three years. We selected this 
period because it provides an estimate based on incoming requests for 
the most recent three years. The agency estimates that the total burden 
for this information collection will be approximately 3,600 hours, 
which is based on the number of requests (450) multiplied by the 
estimated number of hours to prepare each submission (8 hours).
    Since nothing in the rule requires those persons who request 
confidential treatment pursuant to Part 512 to keep copies of any 
records or requests submitted to us, recordkeeping costs imposed would 
be zero hours and zero costs.

    Authority:  44 U.S.C. 3506; delegation of authority at 49 CFR 
1.50.

    Issued on: October 4, 2010.
O. Kevin Vincent,
Chief Counsel.
[FR Doc. 2010-25485 Filed 10-8-10; 8:45 am]
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