
[Federal Register: February 25, 2011 (Volume 76, Number 38)]
[Notices]               
[Page 10635-10636]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe11-93]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket Number NHTSA-2011-0020]

 
Reports, Forms, and Record Keeping Requirements

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

ACTION: Request for public comment on proposed collection of 
information.

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Summary: Before a Federal agency can collect certain information from 
the public, it must receive approval from the Office of Management and 
Budget (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 one collection of information for which 
NHTSA intends to seek OMB approval.

DATES: Comments must be received on or before April 26, 2011.

ADDRESSES: You may submit comments identified by DOT Docket No. NHTSA-
2011-0020 by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.

[[Page 10636]]

     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. Telephone: 1-800-647-
5527.
     Fax: 202-493-2251.
    Instructions: All submissions must include the agency name and 
docket number for this proposed collection of information. 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 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://www.regulations.gov or the street 
address listed above. Follow the online instructions for accessing the 
dockets.

FOR FURTHER INFORMATION CONTACT: George Stevens, NHTSA 1200 New Jersey 
Avenue, SE., Room W43-490, Washington, DC 20590. Mr. Steven's telephone 
number is (202) 366-5308. Please identify the relevant collection of 
information by referring to its OMB Control Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, 
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:
    (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;
    (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 
comments on the following proposed collections of information:
    Title: 49 CFR Part 556, Petitions for Inconsequentiality.
    OMB Control Number: 2127-0045.
    Affected Public: Businesses or other for profit entities.
    Abstract: If a motor vehicle or item of replacement motor vehicle 
equipment is determined to contain a defect related to motor vehicle 
safety or not to comply with an applicable Federal motor vehicle safety 
standard (FMVSS), the manufacturer is required under 49 U.S.C. 30118 to 
furnish NHTSA and owners, purchasers, and dealers of the motor vehicle 
or equipment with notification of the defect or noncompliance. The 
manufacturer must also remedy the defect or noncompliance without 
charge under 49 U.S.C. 30120.
    A manufacturer may be exempted from these requirements under 49 
U.S.C. 30118(d) if the agency decides, upon application of the 
manufacturer, that the defect or noncompliance is inconsequential as it 
relates to motor vehicle safety. That section provides that the agency 
may only take such action after publishing notice in the Federal 
Register and providing an opportunity for any interested person to 
present information, views, and arguments.
    Regulations implementing this provision are found in 49 CFR part 
556 Exemption for Inconsequential Defect or Noncompliance. The 
regulations provide that ``the effect of a grant of a petition is to 
relieve the manufacturer from any further responsibility to provide 
notice and remedy of the defect or noncompliance.'' See 49 CFR 556.7.
    The regulations further provide that each petition submitted under 
part 556 must:
    (1) Be written in the English language;
    (2) Be submitted in three copies to NHTSA;
    (3) State the full name and address of the applicant, the nature of 
its organization (e.g., individual, partnership, or corporation) and 
the name of the State or county under the laws of which it is 
organized;
    (4) Describe the motor vehicle or item of replacement equipment, 
including the number involved and the period of production, and the 
defect or noncompliance concerning which an exemption is sought, and
    (5) Set forth all data, views, and arguments of the petitioner 
supporting the petition.
    See 49 CFR 556.4(b).
    The regulations also provide that the petition must be accompanied 
by three copies of the report of the defect or noncompliance that the 
manufacturer has compiled for submission to NHTSA under 49 CFR part 573 
Defect and Noncompliance Responsibility and Reports, and be submitted 
no later than 30 days after the manufacturer determines the existence 
of the defect or noncompliance or is notified that NHTSA has determined 
the existence of the defect or noncompliance. See 49 CFR 556.4(b)(6) 
and (c).
    The agency receives, on average, 30 petitions per year seeking 
exemptions under part 556 for an inconsequential defect or 
noncompliance. The agency estimates that it would take, on average, 
five hours for a manufacturer to compile, organize, and submit the 
information needed to support each petition.
    Estimated Annual Burden: 150 hours.
    Number of Respondents: 30.
    Comments are invited on: 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; the accuracy of the Department's estimate of the burden of the 
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.

    Issued on: February 16, 2011.
Claude H. Harris,
Acting Associate Administrator, for Enforcement.
[FR Doc. 2011-4207 Filed 2-24-11; 8:45 am]
BILLING CODE 4910-59-P

