Reports, Forms and Record Keeping Requirements, 32073-32074 [E8-12491]
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Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
[U.S. DOT Docket Number NHTSA–2008–
0057]
Reports, Forms and Record Keeping
Requirements
STORAGE:
Documents are stored electronically
in a SQL Server database on the internal
network (behind departmental firewall).
RETRIEVABILITY:
Records are retrieved by searching on
an individual’s name or office symbol.
SAFEGUARDS:
OASIS is an FTA application that
resides on the internal network behind
the departmental firewall. Users are
authenticated by their network user ID
and password.
RETENTION AND DISPOSAL:
Data is kept in the system for the life
of the system. Many of FTA’s
applications interface with OASIS and
individuals who are no longer working
for FTA are in an inactive status. This
is necessary in order to maintain
historical traceability in our
applications.
SYSTEM MANAGER(S) AND ADDRESS:
Office of Information Technology
(TAD–20), Federal Transit
Administration, 1200 New Jersey Ave.,
SE., Washington, DC 20590.
Same as ‘‘System Manager.’’
RECORD ACCESS PROCEDURES:
Same as ‘‘System Manager.’’
CONTESTING RECORD PROCEDURES:
Same as ‘‘System Manager.’’
RECORD SOURCE CATEGORIES:
Personal information is entered
voluntarily by the individual at her/his
own discretion for emergency
procedures.
yshivers on PROD1PC62 with NOTICES
None.
Habib Azarsina,
Departmental Privacy Officer, DOT / OST
/ S–83.
[FR Doc. E8–12615 Filed 6–4–08; 8:45 am]
BILLING CODE 4910–62–P
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14:51 Jun 04, 2008
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SUMMARY: In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Request (ICR) abstracted
below will be forwarded to the Office of
Management and Budget (OMB) for
review and comment. The ICR describes
the nature of the information collections
and their expected burden. A Federal
Register Notice with a 60-day comment
period was published on March 28,
2008 (73 FR 16740).
DATES: Comments must be submitted to
OMB on or before July 7, 2008.
ADDRESSES: Send comments to the
Office of Information and Regulatory
Affairs, OMB, 725 17th Street, NW.,
Washington, DC 20503, Attention: Desk
Officer.
FOR FURTHER INFORMATION CONTACT:
Jennifer Timian, Recall Management
Division (NVS–215), Room W46–324,
NHTSA, 1200 New Jersey Ave.,
Washington, DC 20590. Telephone:
(202) 366–0209.
SUPPLEMENTARY INFORMATION:
National Highway Traffic Safety
Administration
NOTIFICATION PROCEDURE:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
National Highway Traffic
Safety Administration, U.S. Department
of Transportation.
ACTION: Notice.
AGENCY:
Title: Defect and Noncompliance
Reporting and Notification.
OMB Number: 2127–0004.
Type of Request: Revision of a
currently approved information
collection.
Affected Public: Businesses or
individuals.
Abstract: This notice addresses
NHTSA’s proposed revision to approved
collection of information OMB No.
2127–0004. This collection covers those
requirements found within various
provisions of the Motor Vehicle Safety
Act of 1966 (Act), 49 U.S.C. 30101, et
seq., and implementing regulations
found within 49 CFR parts 573 and 577,
that require motor vehicle and motor
vehicle equipment manufacturers to
notify NHTSA and also owners,
purchasers, dealers, and distributors, of
safety-related defects and failures to
comply with Federal Motor Vehicle
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Frm 00124
Fmt 4703
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32073
Safety Standards (FMVSS) in products
they manufactured. It also covers
additional reporting, notification, and
recordkeeping requirements related to
those notifications and the ensuing free
remedy programs, including the
requirement(s):
• That a plan be filed explaining how
the manufacturer intends to reimburse
owners or purchasers who paid to
remedy the defective or noncompliant
product prior to its recall, and that this
plan be explained in the notifications
issued to owners and purchasers;
• That the manufacturer provide to
NHTSA copies of communications
pertaining to the recall campaign that
they may issue to owners, purchasers,
dealers, or distributors;
• That the manufacturer maintain a
list of the owners, purchasers, dealers,
and distributors it notified;
• That the manufacturer provide
NHTSA with at least six quarterly
reports detailing the progress of the
recall campaign;
• Related to, in tire recall campaigns,
the proper disposal of recalled tires,
including requirements that the
manufacturer submit a plan and provide
certain information and instructions to
certain persons (such as its dealers or
retail outlets) addressing disposal, and a
requirement that those persons report
back deviations from that plan; and
• That any person who sells or leases
a defective or noncompliant tire,
knowing that the manufacturer has
decided that tire is defective or
noncompliant, report that sale or lease
to NHTSA.
The statutory sections imposing these
requirements include 49 U.S.C. 30118,
30119, 30120, and 30166. The
regulatory sections implementing these
statutory sections are found within 49
CFR part 573, Defect and
Noncompliance Responsibility and
Reports, and 49 CFR 577, Defect and
Noncompliance Notification.
NHTSA published a Federal Register
notice providing more detailed
information about this information
collection’s requirements and its annual
burden hour and respondent
calculations on March 28, 2008 (73 FR
16740). All interested persons are
encouraged to review that notice for
further information if needed in
preparing comments.
Estimated annual burden: 21,370
hours.
Number of respondents: 175.
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
E:\FR\FM\05JNN1.SGM
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32074
Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices
compliance with the 30g (inertia load)
requirement of FMVSS No. 206 as a
result of a defect in the outside handle
torsion spring. The spring tension in
these handles, petitioner contends, is
substantially below specification and
may reduce the level for inertia
activation of the system to
approximately half that needed to meet
the 30g calculation requirements of
FMVSS No. 206 per the calculation
referenced in Society of Automotive
Engineers Recommended Practice J839
Issued on: May 27, 2008.
(SAE–J839).
Kathleen C. DeMeter,
Under the National Traffic and Motor
Director, Office of Defects Investigation.
Vehicle Safety Act, as amended and
[FR Doc. E8–12491 Filed 6–4–08; 8:45 am]
recodified, 49 U.S.C. 30112(a)(1), a
BILLING CODE 4910–59–P
person may not manufacture for sale or
sell any motor vehicle manufactured on
DEPARTMENT OF TRANSPORTATION or after the date of an applicable motor
vehicle safety standard takes effect
unless the vehicle complies with the
National Highway Traffic Safety
standard and is covered by a
Administration
certification issued under 49 U.S.C.
[Docket No. NHTSA–2007–0053]
30115. Except with regard to vehicles
Motley Rice, LLC, Denial of Petition for not manufactured to comply with the
FMVSSs but later imported, the
Compliance Investigation
prohibition of section 30112(a) does not
Motley Rice, LLC (Motley Rice),
apply to the sale of a motor vehicle after
counsel of record for the plaintiffs in the the first purchase of the vehicle in good
lawsuit styled Day v. Ford Motor
faith other than for resale. The FMVSSs
Company, Civ. No. 04CVS–10181 (N.C., generally apply to the manufacture and
Guilford County), has petitioned
sale of new vehicles, as distinguished
National Highway Traffic Safety
from used vehicles.
Administration (NHTSA) pursuant to 49
In general, NHTSA’s enforcement of
CFR 552.3 seeking an order finding that the FMVSSs is based on compliance
certain vehicles manufactured by Ford
testing of samples of new products
Motor Company (Ford) are not in
conducted using the test procedures set
compliance with Federal Motor Vehicle forth in the relevant safety standard.
Safety Standard (FMVSS) No. 206,1 Door However, manufacturers certifying
Locks and Door Retention Components. compliance with FMVSSs are not
In addition, petitioner seeks an order
required to follow exactly the
finding that Ford’s use of the Modified
compliance test procedures set forth in
Dynamic Test Method to demonstrate
the applicable standard. Manufacturers
compliance was inappropriate or, stated are required to exercise reasonable care
alternatively, that Ford’s use of the 1960 to assure compliance in making their
Severy acceleration pulse is not a
certifications. 49 U.S.C. 30115(a). It may
uniform approved pulse that can be
be simplest and is best for a
inserted into any test for the purpose of
manufacturer to establish that it
determining regulatory compliance.
exercised reasonable care if it has
Petitioner asserts that the following
strictly followed NHTSA’s test
Ford vehicles are non-compliant with
procedures. However, NHTSA has
FMVSS No. 206: (1) Model Year (MY)
recognized that reasonable care might
1997–2000 F–150—PN–96, (2) MY
also be shown using modified
1997–2000 F–250—Light Duty, (3) MY
procedures if the manufacturer could
1997–2000 Ford Expedition, and (4) MY demonstrate that the modifications were
1997–2000 Lincoln Navigator vehicles.
not likely to have had a significant
Collectively, this notice refers to these
impact on test results. In addition,
vehicles as ‘‘subject vehicles.’’
reasonable care might be shown using
Motley Rice contends that the
engineering analyses or computer
identified vehicles are not in
simulations.
compliance with FMVSS No. 206.
FMVSS No. 206, Door Locks and Door
Specifically, the petitioner contends
Retention Components contains a
that the identified vehicles are not in
number of requirements. One is the
inertia load requirement. S4.1.1.3
1 Throughout this Notice, all references to FMVSS
Inertia Load, provides:
yshivers on PROD1PC62 with NOTICES
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.
A comment to OMB is most effective
if OMB receives it within 30 days of
publication.
No. 206 are based on the version of the standard
in effect for the applicable manufacturing dates of
the subject vehicles.
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The door latch shall not disengage from the
fully latched position when a longitudinal or
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Sfmt 4703
transverse inertia load of 30g is applied to the
door latch system (including the latch and its
actuating mechanism with the locking
mechanism disengaged).
The accompanying compliance
provision states:
S5.1.1.2. Inertia Load. Compliance with
S4.1.1.3 shall be demonstrated by approved
tests or in accordance with paragraph 6 of
Society of Automotive Engineers
Recommended Practice J839, Passenger Car
Side Door Latch Systems, June 1991.
SAE–J839 paragraph 6 specifies a 30gbased calculation. Apart from the SAE
calculation, the only NHTSA-approved
test 2 for compliance with the transverse
inertia load requirement of FMVSS No.
206 at the time the vehicles were
produced was the 1967 General Motors
Corporation (GM) dynamic pulse test.
There, GM developed a side impact
pulse in light of the 30g Federal
requirement. GM used research on side
impacts conducted by D. Severy in 1960
as well as some GM test data. Using the
Severy and GM data, GM developed a
characteristic pulse shape with a
maximum value exceeding 30g and a
duration from GM data. This pulse was
duplicated on a sled by altering the
variables of pin shape and air pressure.
In a sled test using this pulse, on-board,
high speed movie cameras monitoring
the latch determine that unlatching does
not occur.
Ford certified the subject vehicles to
the inertia load requirements of FMVSS
No. 206 by using the SAE–J839
calculation. According to the petition,
Ford thereafter determined that
compliance (to the transverse inertia
load requirement) could be
demonstrated by using a modified
version of the 1967 GM Dynamic Pulse
Test Method; Ford used a computersimulated program that relied upon the
1960 Severy acceleration pulse.
If NHTSA were to grant the Motley
Rice petition, the agency would proceed
to conduct a compliance investigation
that might or might not result in an
order to Ford under 49 U.S.C. 30118(b).
In deciding whether to open a
compliance or defect investigation,
NHTSA considers, among other factors,
allocation of agency resources, agency
priorities, and the likelihood of success
in litigation that might arise from an
order the agency may issue. 49 CFR
552.8. See Center for Auto Safety v.
Dole, 846 F.2d 1532, 1535 (D.C. Cir.
1988).
In this case, as discussed in further
detail below, Ford has a simulation
2 U.S. DOT Federal Highway Administration,
National Highway Safety Bureau Letter Dated 12/
22/1967, https://isearch.nhtsa.gov/gm/67/nht67–
1.26.html.
E:\FR\FM\05JNN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 109 (Thursday, June 5, 2008)]
[Notices]
[Pages 32073-32074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12491]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[U.S. DOT Docket Number NHTSA-2008-0057]
Reports, Forms and Record Keeping Requirements
AGENCY: National Highway Traffic Safety Administration, U.S. Department
of Transportation.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Request (ICR) abstracted below will be forwarded to the
Office of Management and Budget (OMB) for review and comment. The ICR
describes the nature of the information collections and their expected
burden. A Federal Register Notice with a 60-day comment period was
published on March 28, 2008 (73 FR 16740).
DATES: Comments must be submitted to OMB on or before July 7, 2008.
ADDRESSES: Send comments to the Office of Information and Regulatory
Affairs, OMB, 725 17th Street, NW., Washington, DC 20503, Attention:
Desk Officer.
FOR FURTHER INFORMATION CONTACT: Jennifer Timian, Recall Management
Division (NVS-215), Room W46-324, NHTSA, 1200 New Jersey Ave.,
Washington, DC 20590. Telephone: (202) 366-0209.
SUPPLEMENTARY INFORMATION:
National Highway Traffic Safety Administration
Title: Defect and Noncompliance Reporting and Notification.
OMB Number: 2127-0004.
Type of Request: Revision of a currently approved information
collection.
Affected Public: Businesses or individuals.
Abstract: This notice addresses NHTSA's proposed revision to
approved collection of information OMB No. 2127-0004. This collection
covers those requirements found within various provisions of the Motor
Vehicle Safety Act of 1966 (Act), 49 U.S.C. 30101, et seq., and
implementing regulations found within 49 CFR parts 573 and 577, that
require motor vehicle and motor vehicle equipment manufacturers to
notify NHTSA and also owners, purchasers, dealers, and distributors, of
safety-related defects and failures to comply with Federal Motor
Vehicle Safety Standards (FMVSS) in products they manufactured. It also
covers additional reporting, notification, and recordkeeping
requirements related to those notifications and the ensuing free remedy
programs, including the requirement(s):
That a plan be filed explaining how the manufacturer
intends to reimburse owners or purchasers who paid to remedy the
defective or noncompliant product prior to its recall, and that this
plan be explained in the notifications issued to owners and purchasers;
That the manufacturer provide to NHTSA copies of
communications pertaining to the recall campaign that they may issue to
owners, purchasers, dealers, or distributors;
That the manufacturer maintain a list of the owners,
purchasers, dealers, and distributors it notified;
That the manufacturer provide NHTSA with at least six
quarterly reports detailing the progress of the recall campaign;
Related to, in tire recall campaigns, the proper disposal
of recalled tires, including requirements that the manufacturer submit
a plan and provide certain information and instructions to certain
persons (such as its dealers or retail outlets) addressing disposal,
and a requirement that those persons report back deviations from that
plan; and
That any person who sells or leases a defective or
noncompliant tire, knowing that the manufacturer has decided that tire
is defective or noncompliant, report that sale or lease to NHTSA.
The statutory sections imposing these requirements include 49
U.S.C. 30118, 30119, 30120, and 30166. The regulatory sections
implementing these statutory sections are found within 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports, and 49 CFR 577,
Defect and Noncompliance Notification.
NHTSA published a Federal Register notice providing more detailed
information about this information collection's requirements and its
annual burden hour and respondent calculations on March 28, 2008 (73 FR
16740). All interested persons are encouraged to review that notice for
further information if needed in preparing comments.
Estimated annual burden: 21,370 hours.
Number of respondents: 175.
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
[[Page 32074]]
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.
A comment to OMB is most effective if OMB receives it within 30
days of publication.
Issued on: May 27, 2008.
Kathleen C. DeMeter,
Director, Office of Defects Investigation.
[FR Doc. E8-12491 Filed 6-4-08; 8:45 am]
BILLING CODE 4910-59-P
