

[Federal Register: September 27, 2007 (Volume 72, Number 187)]
[Notices]
[Page 54974-54975]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se07-120]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18667; Notice 2]


Reports, Forms and Record Keeping Requirements

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

ACTION: Notice.

-----------------------------------------------------------------------

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 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 November 26, 2007.

ADDRESSES: You may submit comments [identified by DOT Docket Number
NHTSA-2004-18667 by any of the following methods:
    If filing comments by September 27, 2007, please use:
     Web Site: http://dms.dot.gov. Follow the instructions for

submitting comments on the Department of Transportation Docket
Management System electronic docket site. No electronic submissions
will be accepted between September 28, 2007, and October 1, 2007.
    If filing comments on or after October 1, 2007, use:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the online instructions for submitting

comments.
    Alternatively, you can file comments using the following methods:
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to http://www.dms.dot.gov or http://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).
    Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov until September 27, 2007,

or the street address listed above. The DOT docket may be offline at
times between September 28 through September 30 to migrate to the
Federal Docket Management System (FDMS). On October 1, 2007, the
Internet access to the docket will be at http://www.regulations.gov.

Follow the online instructions for accessing the dockets.

FOR FURTHER INFORMATION CONTACT: For questions contact Michael Kido 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

[[Page 54975]]

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). Certain other information
that the agency collects pursuant to the Early Warning Reporting (EWR)
rule (49 CFR Part 579) would, under a proposed rule, be treated
confidentially under 49 CFR Part 512, Appendix C and submitters would
not need to provide a request for confidential treatment for these
classes of information.
    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--3600 hours.
    The agency receives requests for confidential treatment that vary
in size from requests that ask the agency to 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.
This estimate is based on the volume of requests received over the past
three years and the expectation that we will receive requests for
confidentiality of early warning information that would not be resolved
by the rulemaking on the confidentiality of certain EWR data.
    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 and an estimate of the number of requests
relating to EWR data. The agency estimates that the total burden for
this information collection will be approximately 3600 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: September 24, 2007.
Anthony M. Cooke,
Chief Counsel.
 [FR Doc. E7-19122 Filed 9-26-07; 8:45 am]

BILLING CODE 4910-59-P
