Reports, Forms and Record Keeping Requirements, 54974-54975 [E7-19122]

Download as PDF 54974 Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 19 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency’s vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in 49 CFR 391.41(b)(10), and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. rwilkins on PROD1PC63 with NOTICES Discussion of Comments FMCSA received no comments in this proceeding. Conclusion Based upon its evaluation of the 19 exemption applications, FMCSA exempts Dean N. Brown, James F. Cain, Sr., David N. Cleveland, Matthew R. Floyd, Nicholas A. Gotelaere, Christian L. Gremillion, Valerie L. Kaune, Frank D. Konwinski, Jr., James E. Mallette, Richard K. Mell, Christian E. Merseth, Luis J. Najera, Kenneth D. Perkins, Terry W. Pope, Daniel T. Rhodes, Stephen E. Shields, Ricky J. Siebels, Don S. Williams, and Robert L. Williams, Jr. from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. If the exemption is still effective at the end of the 2-year period, the person may VerDate Aug<31>2005 16:40 Sep 26, 2007 Jkt 211001 apply to FMCSA for a renewal under procedures in effect at that time. Issued on: September 21, 2007. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E7–19112 Filed 9–26–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2004–18667; Notice 2] Reports, Forms and Record Keeping Requirements National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Notice. AGENCY: 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: https://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 https://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 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 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 https:// www.dms.dot.gov or 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). Docket: For access to the docket to read background documents or comments received, go to https:// 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 https:// 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. 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 SUPPLEMENTARY INFORMATION: E:\FR\FM\27SEN1.SGM 27SEN1 Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices rwilkins on PROD1PC63 with NOTICES 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 VerDate Aug<31>2005 16:40 Sep 26, 2007 Jkt 211001 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 decisionmaking 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 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 54975 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 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2007–28692] Final Decision That Certain Nonconforming Vehicles Are Eligible for Importation National Highway Traffic Safety Administration, DOT. ACTION: Final decision that certain nonconforming vehicles are eligible for importation. AGENCY: SUMMARY: This document announces a final decision by the National Highway Traffic Safety Administration (NHTSA) that certain vehicles that do not comply with all applicable Federal motor vehicle safety standards, but that are certified by their original manufacturer as complying with all applicable E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Notices]
[Pages 54974-54975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19122]


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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: https://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 https://
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 https://www.dms.dot.gov or 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).
    Docket: For access to the docket to read background documents or 
comments received, go to https://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 https://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
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