Reports, Forms, and Record Keeping Requirements, 49324-49332 [2013-19492]
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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices
information collection activities before
OMB may approve paperwork packages.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On May 17, 2013,
FRA published a 60-day notice in the
Federal Register soliciting comment on
the ICR for which the agency was
seeking OMB approval. 78 FR 29203.
FRA received no comments in response
to this notice.
Before OMB decides whether to
approve a proposed collection of
information, it must provide 30 days for
public comment. 44 U.S.C. 3507(b);
5 CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30 day notice is
published. 44 U.S.C. 3507 (b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes that the 30
day notice informs the regulated
community to file relevant comments
and affords the agency adequate time to
digest public comments before it
renders a decision. 60 FR 44983, Aug.
29, 1995. Therefore, respondents should
submit their respective comments to
OMB within 30 days of publication to
best ensure having their full effect.
5 CFR 1320.12(c); see also 60 FR 44983,
Aug. 29, 1995.
The summary below describes the
nature of the information collection
request (ICR) and the expected burden,
and will be submitted for clearance by
OMB as required by the PRA.
Title: Electronic Device Distraction:
Test of Peer to Peer Intervention
Combined with Social Marketing.
OMB Control Number: 2130—NEW.
Type of Request: Regular approval of
a new collection of information.
Affected Public: Railroad Employees.
Abstract: Operating railroad
equipment while being distracted by the
use of electronic devices (e.g., phones,
game consoles, personal computers,
etc.) is known to be a factor in some
accidents and suspected of being the
cause of many others in the railroad
industry. It is also known that such use
is dangerous, as evidenced by several
high profile accidents in the railroad
industry, and by research on distraction
in other transportation modes.
Consequently, the Department of
Transportation (DOT) and the Federal
Railroad Administration (FRA) have a
keen interest in devising counter
measures to reduce the incidence of
electronic device distraction (EDD) in
the railroad industry. One promising
approach is to combine peer-to-peer
conversations with an effort to change
the culture with respect to the
acceptability of EDD. FRA is initiating a
small scale test of this approach at the
Harrisburg Yard of the Norfolk Southern
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Railroad. As part of its efforts, an
evaluation is taking place to determine
if the approach works and what will be
needed to scale it up to other sites in the
railroad industry. As part of the test, it
will be necessary to conduct face-to-face
interviews with three respondent
groups. They are: (1) Members of
participating crafts and supervisors at
the pilot site; (2) Norfolk Southern
personnel involved in implementing
and managing the pilot; (3) Project team
members in the organizations contracted
to assist with the pilot. The majority of
interviews will be face-to-face.
Form Number(s): FRA F 6180.160.
Annual Estimated Burden Hours: 41
hours.
Addressee: Send comments regarding
this information collection to the Office
of Information and Regulatory Affairs,
Office of Management and Budget, 725
Seventeenth Street NW., Washington,
DC, 20503, Attention: FRA Desk Officer.
Comments may also be sent
electronically via email to the Office of
Information and Regulatory Affairs
(OIRA) at the following address:
oira_submissions@omb.eop.gov.
Comments are invited on the
following: 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.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication of this
notice in the Federal Register.
Authority: 44 U.S.C. 3501–3520.
Issued in Washington, DC, on August 7,
2013.
Rebecca Pennington,
Chief Financial Officer.
[FR Doc. 2013–19572 Filed 8–12–13; 8:45 am]
BILLING CODE 4910–06–P
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0090]
Reports, Forms, and Record Keeping
Requirements
National Highway Traffic
Safety Administration, DOT
ACTION: Request for public comment on
proposed collection of information.
AGENCY:
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 the proposed collection of
information.
This document describes a proposed
collection of information under
regulations in 49 CFR parts 591, 592,
and 593 that pertain to the importation
of motor vehicles and items of motor
vehicle equipment that are subject to the
Federal motor vehicle safety, bumper,
and theft prevention standards.
DATES: Comments must be received on
or before October 15, 2013.
ADDRESSES: You may submit comments
[identified by DOT Docket No. NHTSA–
2013- ] by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• 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 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
SUMMARY:
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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices
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) or you may visit https://
DocketInfo.dot.gov.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and follow the
online instructions for assessing the
dockets. Alternately, you may visit in
person the Docket Management Facility
at the street address listed above.
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety
Compliance (NVS–223), National
Highway Traffic Safety Administration,
West Building—4th Floor- Room W43–
481, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Mr. Sachs’
telephone number is (202) 366–3151.
Please identify the relevant collection of
information by referring to its OMB
Control Number.
SUPPLEMENTARY INFORMATION:
Prior Approval
On November 30, 2010, NHTSA
submitted to OMB a request for the
extension of the agency’s approval
(assigned OMB Control No. 2127–0002)
of the information collection that is
incident to NHTSA’s administration of
the vehicle importation regulations at 49
CFR Parts 591, 592, and 593. On January
19, 2011, OMB notified NHTSA that it
had approved this extension request
through January 31, 2014. That approval
was based on NHTSA submissions
identifying information being collected
on an annual basis from 63,818
respondents, expending 40,764 hours of
effort, at a cost of $1,591,243. NHTSA
wishes to file with OMB a request for
that agency to extend its approval for an
additional three years.
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Changes in Program
Since the information collection
associated with NHTSA’s importation
program was last approved by OMB,
some changes have taken place that
impact the information collection and
the assessment of its burden on affected
members of the public. The volume of
vehicles at least 25 years old imported
without regard to their compliance with
the Federal motor vehicle safety
standards (FMVSS) under Box 1 on the
HS–7 Declaration form has increased by
more than 40 percent, from roughly
8,900 vehicles in 2009 to nearly 13,000
vehicles in 2012. There has been a 75
percent increase in the volume of
vehicles conforming to the FMVSS that
are imported under Box 2A, from 3.2
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million in 2009 to nearly 5.6 million in
2012. The volume of vehicles not
originally manufactured to the FMVSS
that are imported by registered
importers under Box 3 has increased
nearly threefold, from 10,700 vehicles in
2009, to over 30,000 vehicles in 2012.
During the same period, a forty percent
increase has occurred in the volume of
vehicles at least 25 years old that can be
imported without regard to their
compliance with applicable FMVSS,
from nearly 9,000 to almost 13,000
vehicles. There has been a 60 percent
decrease in the volume of vehicles
imported for export only under Box 4,
from nearly 50,000 vehicles in 2009 to
slightly more than 20,000 in 2012. The
volume of nonconforming vehicles
temporarily imported for research or
demonstration purposes under Box 7
has increased by 50 percent, from 4,000
vehicles in 2009 to 6,000 in 2012.
Finally, the volume of vehicles not
originally manufactured for use on
public roads that are declared as offroad vehicles not subject to the FMVSS
under Box 8 has more than tripled, from
less than 100,000 in 2009 to 326,000 in
2012.
The focus of NHTSA’s importation
program has traditionally been on
vehicles that were not originally
manufactured to comply with all
applicable FMVSS. These vehicles must
be imported by a registered importer
(RI) under bond to ensure that the
vehicles are brought into compliance
with applicable standards following
importation. Nonconforming vehicles
are entered under Box 3 on the HS–7
Declaration form. In calendar year 2002,
212,210 nonconforming vehicles were
imported under Box 3. Over 97 percent
of those vehicles were imported from
Canada. In 2003, after the U.S. dollar
began to weaken against the Canadian
dollar, the volume of nonconforming
vehicle imports under Box 3 was
reduced by more than half, to 97,337
vehicles. The trend accelerated over the
next five years, with 43,648 vehicles
imported under Box 3 in 2004, 12,642
imported in 2005, 10,953 imported in
2006, 7,470 imported in 2007, and 6,311
imported in 2008. After the U.S. dollar
had gained some strength against the
Canadian dollar, the volume of imports
under Box 3 increased to 10,752
vehicles in 2009, and continued to
increase to 18,010 vehicles in 2010,
22,733 vehicles in 2011, and 30,138 in
2012.
When NHTSA last requested OMB
approval for the information collection
associated with the vehicle importation
program, the agency estimated that
8,200 nonconforming vehicles would be
imported on an annual basis under Box
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49325
3, for which HS–7 Declaration forms
and HS–474 DOT Conformance bonds
would have to be furnished. The agency
estimated that it would take five
minutes to complete each HS–7
Declaration form, and six minutes to
complete each HS–474 DOT
Conformance bond, for a total
expenditure of 1,503 hours to complete
these forms. Given the continued rise in
nonconforming vehicle imports under
Box 3 in recent years, future projections
should assume an average of 23,600
vehicle imports per year. Relying on this
figure, the hour burden associated with
the completion of paperwork for these
vehicles would be close to 1,503 hours
(0.08333 hours to complete each HS–7
× 23,600 vehicles = 1,967 hours; 0.1
hours to complete each HS–474 ×
23,600 vehicles = 2,360 hours; 1,967 +
2,360 = 4,327 hours). This represents
nearly a 300 percent increase in burden
hours associated with these entries
when compared to the figures used
when OMB approval was last obtained.
Scope of Accounting for Burdens
In this document, the agency has not
focused exclusively on vehicles
imported under the RI program, but has
instead made a concerted effort to
quantify the hour burden associated
with the completion of paperwork for
vehicles and equipment items imported
in any legitimate way under NHTSA’s
regulations. As a consequence, we are
providing particular information on the
paperwork burden associated with the
importation of conforming motor
vehicles; the temporary importation of
nonconforming vehicles for personal
use by nonresidents and by foreign
diplomatic and military personnel; the
temporary importation of
nonconforming vehicles for purposes of
research, investigations, demonstrations
or training, and other similar purposes;
the importation of vehicles that are not
primarily manufactured for on-road use;
and other entry categories permitted
under the agency’s regulations. In
addition, we have attempted to account
for all forms, whether required or
optional, and other types of information
solicitations associated with vehicle and
equipment importation that appear on
the agency’s Web site and in newsletters
and other informational media that we
employ to inform RIs and others of our
requirements. Accounting for all
paperwork burdens in this manner, we
project that a total of 61,882 hours will
be expended each year to complete
paperwork associated with all aspects of
NHTSA’s program that regulates the
importation of motor vehicles and
equipment items subject to the FMVSS.
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Issues for Comments to Address
Under the Paperwork Reduction Act
of 1995 (PRA), 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;
(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.
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Solicitation of Comments
In compliance with these
requirements, NHTSA is requesting
public comment on the following
proposed collection of information:
Title: Importation of Vehicles and
Equipment Subject to the Federal Motor
Vehicle Safety, Bumper, and Theft
Prevention Standards.
Type of Request: Extension of a
Currently Approved Collection.
OMB Control Number: 2127–0002.
Affected Public: Importers of vehicles
and regulated items of motor vehicle
equipment.
Requested Expiration Date of
Approval: January 31, 2017.
Summary of Collection of
Information—
1. Declaration requirement for the
importation of motor vehicles and
regulated items of motor vehicle
equipment: NHTSA’s regulations at 49
CFR part 591 provide that no person
shall import a motor vehicle or
regulated item of motor vehicle
equipment (e.g., tires, rims, brake hoses,
brake fluid, seat belt assemblies, lighting
equipment, glazing (i.e., windshield and
window glass), motorcycle helmets,
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child restraints, compressed natural gas
containers (used as part of a vehicle fuel
system and not for the purpose of
transporting natural gas), reflective
triangular warning devices, rear impact
guards for trailers, and platform lift
systems for the mobility
impaired)unless the importer files a
declaration. See 49 CFR 591.5. This
declaration is filed with U.S. Customs
and Border Protection (Customs) on a
paper copy of the HS–7 Declaration
form, or, if the entry is made by a
Customs House Broker, it can be made
electronically using Customs’
Automated Broker Interface (ABI)
system. The HS–7 Declaration form has
14 boxes, each of which identifies a
lawful basis for the importation of a
motor vehicle or equipment item into
the United States.
a. Importation of vehicles at least 25
years old or equipment not subject to
the safety standards under Box 1: A
motor vehicle at least 25 years old can
be lawfully imported without regard to
its compliance with the FMVSS. So too
can an equipment item manufactured on
a date when no applicable FMVSS was
in effect. These vehicles and equipment
items are declared under Box 1 on the
HS–7 Declaration form. In calendar year
2010, 7,752 vehicles were imported
under Box 1. In 2011, 7,696 vehicles
were imported, and in 2009, the volume
of imports increased to 12,677 vehicles.
Based on an average of these figures, the
agency projects that roughly 9,375
vehicles will be imported each year
under Box 1 over the next three years.
Assuming that an HS–7 Declaration
form is filed for each of these vehicles,
and that it will take five minutes to
complete each of these forms, the
agency estimates the hour burden
associated with completing the
paperwork for these vehicles to be
approximately 781 hours per year
(0.08333 hours × 9,375 = 781 hours).
b. Importation of conforming vehicles
and equipment under Box 2A: Vehicles
and equipment that are originally
manufactured to comply with all
applicable Federal motor vehicle safety,
bumper, and theft prevention standards,
and that bear a label or tag certifying
such compliance that is permanently
affixed by the original manufacturer, are
declared under Box 2A on the HS–7
Declaration form. In 2010, 4,596,254
vehicles were imported under Box 2A.
In 2011, the figure increased to
5,048,765 vehicles, and increased again
in 2012, to 5,587,621. Based on an
average of these figures, the agency
projects that roughly 5,077,546 vehicles
will be imported each year under Box
2A for the next three years. The
overwhelming majority of vehicles
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entered under Box 2A are imported by
original manufacturers. As a rule,
manufacturers do not file a separate HS–
7 Declaration form for each conforming
vehicle they import under Box 2A.
Instead, the manufacturers furnish
NHTSA with a single declaration form,
on a monthly basis, to which they attach
a list of all vehicles, identified by make,
model, model year, and vehicle
identification number (VIN), that were
imported under Box 2A during that
month. In this manner, it is not unusual
for a single HS–7 Declaration form to be
filed with the agency to cover the entry
of many thousands of vehicles.
Assuming that manufacturers account
for 90 percent of the vehicles imported
under Box 2A, and that a manufacturer
will, on average, report the entry of
5,000 vehicles on a single Declaration
form, and that all other vehicles
imported under Box 2A are declared
individually, the agency projects the
hour burden associated with completing
the paperwork for the entry of these
vehicles to be 42,387 hours per year
(5,077,546 vehicles × .9 = 4,569,791
vehicles imported by original
manufacturers; 4,569,791 vehicles ÷
5,000 vehicles per declaration forms
filed = 914 declaration forms being filed
per year by manufacturers; assuming
that a separate declaration is filed for
each other vehicle imported under Box
2A yields 507,755 declarations being
filed per year for these vehicles; 507,755
+ 914 = 508,669 declarations per year;
0.08333 hours to complete each
declaration × 508,669 declarations =
42,387 hours).
c. Importation of conforming
Canadian-market vehicles for personal
use under Box 2B: A motor vehicle that
is certified by its original manufacturer
as complying with all applicable
Canadian motor vehicle safety standards
can be imported by an individual for
personal use under Box 2B. To
accomplish the entry, the importer must
furnish Customs with a letter from the
vehicle’s original manufacturer
confirming that the vehicle conforms to
all applicable U.S. Federal motor
vehicle safety, bumper, and theft
prevention standards, or that it
conforms to all such standards except
for the labeling requirements of
Standard Nos. 101 Controls and
Displays and 110 or 120 Tire Selection
and Rims, and/or the requirements of
Standard No. 108 Lamps, Reflective
Devices, and Associated Equipment
relating to daytime running lamps.
NHTSA received from Customs a total
of 1,474 HS–7 Declaration forms for
vehicles imported under Box 2B in
calendar year 2010. In addition,
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declarations were filed electronically for
505 vehicles imported under Box 2B in
2007. Combining these figures yields a
total of 1,979 vehicles imported under
Box 2B in that calendar year. NHTSA
received from Customs a total of 1,548
HS–7 Declaration forms for vehicles
imported under Box 2B in 2010. In
addition, electronic entries were made
for 710 vehicles imported under Box 2B
in that calendar year. Combining these
figures yields a total of 2,258 vehicles
imported under Box 2B in 2011. NHTSA
received from Customs a total of 308
HS–7 Declaration forms for vehicles
imported under Box 2B in 2012. In
addition, electronic entries were made
for 308 vehicles imported under Box 2B
in that calendar year. Combining these
figures yields a total of 1,275 vehicles
imported under Box 2B in 2008.
Assuming these figures represent a fair
approximation of the volume of vehicles
imported under Box 2B in those three
calendar years, the agency projects that
roughly 1,837 vehicles will be imported
under Box 2B in each of the next three
calendar years. Assuming that a separate
HS–7 Declaration form is filed for each
of these vehicles, the hour burden
associated with the completing the
paperwork for the entry of these
vehicles will be 153 hours per year
(1,837 vehicles × 0.08333 hours per
entry = 153 hours).
d. Importation of nonconforming
vehicles by registered importers under
Box 3: Statutory and Regulatory
Background.
Section 30112(a) of Title 49, U.S.
Code prohibits, with certain exceptions,
the importation into the United States of
a motor vehicle manufactured after the
date an applicable Federal motor
vehicle safety standard (FMVSS) takes
effect, unless the motor vehicle was
manufactured in compliance with the
standard and was so certified by its
original manufacturer. Under one of the
exceptions to this prohibition, found at
49 U.S.C. 30141, a nonconforming
vehicle can be imported into the United
States provided (1) NHTSA decides that
the vehicle is eligible for importation,
based on its capability of being modified
to conform to all applicable FMVSS,
and (2) it is imported by a registered
importer (RI), or by a person who has a
contract with an RI to bring the vehicle
into conformity with all applicable
standards following importation.
Regulations implementing this statute
are found at 49 CFR parts 591 and 592.
HS–7 Declaration Form
The regulations require a declaration
to be filed (on the HS–7 Declaration
Form) at the time a vehicle is imported
that identifies, among other things,
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whether the vehicle was originally
manufactured to conform to all
applicable FMVSS, and if it was not, to
state the basis for the importation of the
vehicle.
A nonconforming vehicle that NHTSA
has decided to be eligible for
importation can be imported by an RI,
or by a person who has a contract with
an RI to modify the vehicle so that it
conforms to all applicable FMVSS,
under Box 3 on the HS–7 Declaration
form. As previously noted, the volume
of imports under Box 3 has steadily
increased in recent years. In 2010,
18,010 vehicles were imported under
Box 3, in 2011, 22,733 vehicles were
imported, and in 2012, 30,138 vehicles
were imported. Based on these figures,
the agency projects that 23,627 vehicles
will be imported each year under Box 3.
Assuming that volume, the hour burden
associated with the completion of the
HS–7 Declaration form for these
vehicles will be 1,969 hours (0.08333
hours to complete each HS–7 × 23,637
vehicles = 1,969 hours).
HS–474 Conformance Bond
NHTSA’s regulations also require an
RI, among other things, to furnish a
bond (on the HS–474 Conformance
Bond form) at the time of entry for each
nonconforming vehicle it imports, to
ensure that the vehicle will be brought
into conformity with all applicable
safety and bumper standards within 120
days of entry or will be exported from,
or abandoned to, the United States. A
HS–474 Conformance Bond has to be
furnished for each nonconforming
vehicle imported under Box 3.
Assuming an importation volume of
23,627 vehicles per year, the hour
burden associated with the completion
of the HS–474 will be 2,363 hours (0.1
hours to complete each HS–474 ×
23,627 vehicles = 2,363 hours).
Conformity Statement
After modifying the vehicle to
conform to all applicable standards, the
RI submits a statement of conformity (on
a suggested form) to NHTSA, which will
then issue a letter permitting the bond
to be released if the agency is satisfied
that the vehicle has been modified in
the manner stated by the RI. The
statement of conformity contains a
check-off list on which the RI identifies
the FMVSS and other agency
requirements to which the vehicle
conforms as originally manufactured
and the FMVSS and other requirements
to which the vehicle was modified to
conform. The RI also attaches to the
statement of conformity documentary
and photographic evidence of the
modifications that it made to the vehicle
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49327
to achieve conformity with applicable
standards. Collectively, these
documents are referred to as a
‘‘conformity package.’’
A conformity package must be
submitted for each nonconforming
vehicle imported under Box 3. Because
the Canadian motor vehicle safety
standards are identical in most respects
to the FMVSS, there are relatively few
modifications that need to be performed
on a Canadian-certified vehicle to
conform it to the FMVSS and the
conformity packages that are submitted
on these vehicles are considerably less
comprehensive than those submitted for
vehicles from Europe, Japan, and other
foreign markets. The agency estimates
that it would take the average RI no
more than 30 minutes to collect
information for, and assemble, a
conformity package for a Canadiancertified vehicle.
Generally, more modifications are
needed to conform a non-Canadian
vehicle to the FMVSS. To properly
document these modifications, more
information must be included in the
conformity package for a non-Canadian
vehicle than is required for a Canadiancertified vehicle. The agency estimates
that it would take an RI approximately
twice as long, or roughly one hour, to
compile information for, and assemble,
a conformity package for a typical nonCanadian vehicle.
Of the 18,010 nonconforming vehicles
imported under Box 3 in 2010, 17,499,
or over 97 percent, were Canadian
market and 511, or under three percent,
were from markets other than Canada.
Of the 22,733 nonconforming vehicles
imported under Box 3 in 2011, 22,380,
or roughly 98.4 percent, were Canadian
market and 403, or roughly 1.6 percent,
were from markets other than Canada.
Of the 30,138 nonconforming vehicles
imported under Box 3 in 2012, 29,821
or nearly 99 percent, were Canadian
market and 317, or roughly than one
percent, were from markets other than
Canada. Assuming this trend continues
in future years, the agency estimates the
hour burden associated with the
submission of conformity packages on
Canadian-certified vehicles to be 11,577
hours per year (23,627 vehicles × 98
percent or 0.98 = 23,154 vehicles;
23,154 vehicles × 0.5 hours per vehicle
= 11,577 hours). The agency estimates
the hour burden associated with the
submission of conformity packages for
non-Canadian vehicles to be 472 hours
per year (23,627 vehicles × 2 percent or
0.02 = 472 vehicles; 472 vehicles × 1.0
hours per vehicle = 472 hours. Adding
these figures yields an estimated burden
of 12,049 hours per year for the entire
RI industry to compile and submit
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conformity packages to NHTSA on
nonconforming vehicles imported under
Box 3 (11,577 hours + 472 hours =
12,049 hours).
Import Eligibility Petition
As previously noted, a motor vehicle
that was not originally manufactured to
comply with all applicable FMVSS
cannot be lawfully imported into the
United States on a permanent basis
unless NHTSA decides that the vehicle
is eligible for importation, based on its
capability of being modified to conform
to those standards. Under 49 U.S.C.
30141, the eligibility decision can be
based on the nonconforming vehicle’s
substantial similarity to a vehicle of the
same make, model, and model year that
was manufactured for importation into,
and sale in the United States, and
certified as complying with all
applicable FMVSS by its original
manufacturer. Where there is no
substantially similar U.S.-certified
vehicle, the eligibility decision must be
predicated on the vehicle having safety
features that are capable of being
modified to conform to the FMVSS,
based on destructive crash test data or
such other evidence that the agency may
deem adequate. The agency makes
import eligibility decisions either on its
own initiative, or in response to
petitions filed by RIs. Only a small
number of RIs (currently about 15 out of
the 64 RIs registered with the agency)
ever submit import eligibility petitions.
Many of these businesses have, over, the
years, submitted multiple petitions to
the agency. The agency estimates that it
would take the typical RI that petitions
the agency roughly two hours to
complete the paperwork associated with
the submission of a petition for a
vehicle that has a substantially similar
U.S.-certified counterpart, and roughly
twice as long, or four hours, to complete
the paperwork associated with the
submission of a petition for a vehicle
that lacks a substantially similar U.S.certified counterpart. In 2010, 11 import
eligibility petitions were submitted to
the agency. Of these, 7, or 64 percent,
were for vehicles with substantially
similar U.S.-certified counterparts and
4, or 36 percent, were for vehicles for
which there were no substantially
similar U.S. certified counterparts. In
2011, 10 import eligibility petitions
were submitted to the agency. Of these,
8, or 80 percent, were for vehicles with
substantially similar U.S.-certified
counterparts, and 2, or 20 percent, were
for vehicles for which there were no
substantially similar U.S.-certified
counterparts. In 2012, 17 import
eligibility petitions were submitted to
the agency. Of these, 14, or 82 percent,
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were for vehicles with substantially
similar U.S.-certified counterparts, and
3, or 18 percent, were for vehicles for
which there were no substantially
similar U.S.-certified counterparts.
Assuming this trend continues in future
years, the agency estimates that roughly
13 import eligibility petitions will be
submitted each year, 75 percent of
which, or 10 petitions, will be for
vehicles with substantially similar U.S.certified counterparts, and 20 percent of
which, or 3 petitions, will be for
vehicles lacking substantially similar
U.S.-certified counterparts. Based on
these figures, the agency estimates that
the hour burden for the paperwork
associated with the submission of
import eligibility petitions to be 32
hours per year (10 petitions × 2 hours
per petition = 20 hours; 3 petitions × 4
hours per petition = 12 hours; 20 hours
+ 12 hours = 32 hours).
e. Importation of vehicles or
equipment intended solely for export
under Box 4: A nonconforming vehicle
or equipment item that is intended
solely for export, and bears a tag or label
to that effect, can be entered under Box
4 on the HS–7 Declaration form. The
majority of vehicles imported for export
only under Box 4 are imported by
original manufacturers that do not file
individual declaration forms with the
agency for each vehicle imported, but
instead include those vehicles in the
monthly count supplied to the agency
along with conforming vehicles
imported under Box 2A. The agency
received only 2 HS–7 Declaration forms
for vehicles imported under Box 4 in
2011, and none in either 2010 or 2012.
Assuming this represents the share of
vehicles imported under Box 4 by
parties other than original
manufacturers, the agency projects that
HS–7 Declaration forms will be filed for
no more than one tenth of one percent
of the vehicles imported under Box 4 in
future years. Averaging the volume of
vehicles imported for export only under
Box 4 over the past three years yields an
estimate of 46,515 vehicles being
imported on an annual basis in the next
three years, and 47 HS–7 Declaration
forms being filed in each of those years.
Based on that figure, the hour burden
associated with the completion of the
HS–7 Declaration form for these
vehicles will be under 4 hours (0.08333
hours to complete each HS–7 × 47
vehicles = 3.91 hours).
f. Temporary importation of
nonconforming vehicles by
nonresidents of the United States under
Box 5: Under an international
convention to which the United States
is a signatory, a nonresident of the
United States can import a
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nonconforming vehicle for personal use,
for a period of up to one year, provided
the vehicle is not sold while in the
United States and is exported no later
than one year from its date of entry.
These vehicles are entered under Box 5
on the HS–7 Declaration form. To enter
a vehicle under Box 5, the importer
must also furnish Customs with the
importer’s passport number and the
name of the country that issued the
passport. In 2010, a total of 375 vehicles
were imported under Box 5. In 2011,
352 vehicles were imported under that
box. In 2012, 381 were imported. Based
on these figures, the agency estimates
that roughly 369 vehicles will be
imported under Box 5 in each of the
next three years. Assuming that volume,
the hour burden associated with the
completion of the HS–7 Declaration
form for these vehicles will be under 31
hours (0.08333 hours to complete each
HS–7 × 369 vehicles = 30.74 hours).
g. Temporary importation of
nonconforming vehicles by foreign
diplomat under Box 6: A member of a
foreign government on assignment in
the United States, or a member of the
secretariat of a public international
organization so designated under the
International Organizations Immunities
Act, and within the class of persons for
whom free entry of motor vehicles has
been authorized by the Department of
State, can temporarily import a
nonconforming vehicle for personal use
while in the United States. These
vehicles are entered under Box 6 on the
HS–7 Declaration form. The importer
must attach to the declaration a copy of
the importer’s official orders and supply
Customs with the name of the embassy
to which the importer is attached. In
2010, a total of 43 vehicles were
imported under Box 6. In 2011, 23
vehicles were imported under that box.
In 2012, 21 were imported. Based on
these figures, the agency estimates that
roughly 29 vehicles will be imported
under Box 6 in each of the next three
years. Assuming that volume, the hour
burden associated with the completion
of the HS–7 Declaration form for these
vehicles will be roughly 2 hours
(0.08333 hours to complete each HS–7
× 29 vehicles = 2.41 hours).
h. Temporary importation of
nonconforming vehicles and equipment
under Box 7: Under 49 U.S.C. 30114,
NHTSA is authorized to exempt a motor
vehicle or item of motor vehicle
equipment from the importation
restriction in 49 U.S.C. 30112(a), on
such terms the agency decides are
necessary, for purposes of research,
investigations, demonstrations, training,
competitive racing events, show, or
display. Regulations implementing this
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provision are found at 49 CFR part 591.
Under those regulations, written
permission from NHTSA is needed to
temporarily import a nonconforming
motor vehicle or equipment item for one
of the specified purposes unless the
importer is a manufacturer of motor
vehicles that are certified to the FMVSS.
An application form that can be used to
obtain the letter of permission is posted
to the agency’s Web site at
www.nhtsa.gov/cars/rules/import. If
NHTSA grants it permission, the
nonconforming motor vehicle or
equipment item can be temporarily
imported under Box 7 on the HS–7
Declaration form. In 2010, 5,962
vehicles were imported under Box 7. In
2011, 6,182 vehicles were imported
under that box. In 2012, 6,089 were
imported. Permission letters were
requested from NHTSA for 255 of the
vehicles imported in 2010, 287 of the
vehicles imported in 2011, and 262 of
the vehicles imported in 2012,
representing roughly 4.5 percent of the
total number of vehicles imported under
Box 7 in those years. The remaining
vehicles were imported by original
manufacturers of vehicles that are
certified to the FMVSS, who can
temporarily import nonconforming
vehicles for any of the specified
purposes under Box 7 without the need
for a NHTSA permission letter.
Averaging the volume of imports over
the past three years, the agency projects
that roughly 6,078 vehicles will be
imported under Box 7 in each of the
next three years. Assuming that
applications for NHTSA permission
letters will be submitted for 4.5 percent
of those vehicles, and that a single
application will be filed for each
vehicle, the agency estimates that 273
applications will be filed in each of the
next three years. Based on the estimate
that it will take roughly five minutes to
complete each of those applications, the
agency projects that under 23 hours will
be expended on an annual basis to
submit applications for permission from
NHTSA to import vehicles under Box 7
(0.0833 hours per application × 273
applications = 22.74 hours). Assuming
that a single HS–7 Declaration form is
filed for each vehicle imported under
Box 7, the agency projects that under
507 hours will be expended on an
annual basis in completing the
declaration for vehicles imported under
Box 7 (0.0833 hours per declaration ×
6,078 vehicles = 506.47 hours).
i. Importation of off-road vehicles
under Box 8: NHTSA regulates the
importation of ‘‘motor vehicles,’’ which
are defined (at 49 U.S.C. 30102) as
vehicles that are driven or drawn by
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mechanical power and manufactured
primarily for use on public streets,
roads, and highways. Vehicles that are
not primarily manufactured for on-road
use do not qualify as ‘‘motor vehicles’’
under this definition, and may therefore
be imported without regard to their
compliance with the FMVSS. These
vehicles are entered under Box 8 on the
HS–7 Declaration form. Vehicles that
can be entered in this fashion include
those that are originally manufactured
for closed circuit racing. Although
approval from NHTSA is not needed to
import a vehicle that was originally
manufactured for racing purposes, the
agency will issue a letter recognizing a
particular vehicle as having been so
manufactured if the importer requests
the agency to do so. An application form
that can be used to obtain such a letter
is also posted to the agency’s Web site
at www.nhtsa.gov/cars/rules/import. In
2010, applications were submitted to
NHTSA for 34 vehicles imported under
Box 8. In 2011, 40 applications were
filed. In 2012, 15 were filed. Based on
these figures, the agency projects that 30
applications to import vehicles for
racing purposes under Box 8 will be
submitted in each of the next three
years. Assuming that it will take five
minutes to complete each of these
applications, the agency estimates that
under 3 hours will be expended in
completing these applications (0.08333
hours × 30 applications = 2.49 hours).
In 2010, a total of 152,665 vehicles
were imported under Box 8. In 2011,
192,283 vehicles were imported under
that box. In 2012, 326,049 were
imported. Averaging those figures, the
agency projects that roughly 223,666
vehicles will be imported under Box 8
in each of the next three years. The vast
majority of these vehicles were off-road
motorbikes or all-terrain vehicles that
were imported in bulk shipments for
which a single declaration was filed.
NHTSA received only 75 HS–7
Declaration forms for vehicles imported
under Box 8 in 2010, 5 for vehicles
imported in 2011, and none for those
imported in 2012. The remainder of the
entries were made electronically. Based
on the assumption that each entry
covers 100 vehicles, the agency
estimates that approximately 224 Box 8
entries will be made on an annual basis
over the next three years. Relying on
this assumption, the agency projects
that slightly less than 19 hours will be
expended on an annual basis in
completing the declaration for vehicles
imported under Box 8 (0.0833 hours per
declaration × 224 vehicle entries = 18.66
hours).
j. Importation of vehicles or
equipment requiring further
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manufacturing operations under Box 9:
A motor vehicle or equipment item that
requires further manufacturing
operations to perform its intended
function, other than the addition of
readily attachable components such as
mirrors or wipers, or minor finishing
operations such as painting, can be
entered under Box 9 on the HS–7
Declaration form. Documents from the
manufacturer must be furnished for
these entries. In 2010, 10,323 vehicles
were imported under Box 9. In 2011,
14,856 vehicles were imported under
that box. In 2012, 12,411 were imported.
Averaging those figures, the agency
projects that roughly 12,530 vehicles
will be imported under Box 9 in each of
the next three years. Assuming that a
separate HS–7 Declaration form is filed
for each of those vehicles, the agency
projects that approximately 1,000 hours
will be expended on an annual basis in
completing the declaration for vehicles
imported under Box 9 (0.0833 hours per
declaration × 8,600 vehicles = 1,044.12).
k. Importation of vehicles for show or
display under Box 10: Vehicles that are
deemed by NHTSA to have sufficient
technological or historical significance
that they would be worthy of being
exhibited in car shows if they were
brought to the United States are eligible
for importation for purposes of show or
display under Box 10 on the HS–7
Declaration form. Written permission
from NHTSA is also needed to import
a vehicle for that purpose. An
application form that can be used to
request the agency to decide that a
particular make, model, and model year
vehicle is eligible for importation for
purposes of show or display is posted to
the agency’s Web site at www.nhtsa.gov/
cars/rules/import. In 2010, the agency
received 12 applications to determine
vehicles eligible for importation for
purposes of show or display. In 2011,
the agency received 3 such applications.
In 2012, the agency received 7.
Averaging these figures, the agency
projects that it will receive 7
applications to determine vehicles
eligible for importation for purposes of
show or display in each of the next
three years. Assuming that it will take
the typical applicant up to ten hours to
compile and assemble the materials
needed to support each application, the
agency estimates that up to 70 hours
will be expended in this activity in each
of those years.
Also on the agency’s Web site is an
application form that can be used to
request NHTSA to permit a particular
vehicle to be imported for purposes of
show or display once the agency has
decided that the vehicle is of a make,
model, and model year that is eligible
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for importation for those purposes.
Certain restrictions apply to vehicles
that are imported for purposes of show
or display. Among those is a
requirement that the vehicle not be
driven in excess of 2,500 miles per year.
The application specifies the terms of
the importation and makes provision for
the applicant to agree to those terms. In
2010, the agency received 29
applications to import specific vehicles
for purposes of show or display. In
2011, the agency received 14 such
applications. In 2012, the agency
received 34. Averaging those figures, the
agency estimates that it will receive
roughly 26 applications in each of the
next three years. Assuming that it will
take the typical applicant up to one
hour to compile and assemble the
materials needed to support each
application, the agency estimates that
up to 26 hours will be expended in this
activity in each of those years.
l. Importation of equipment subject to
the Theft Prevention Standard under
Box 11: Items of motor vehicle
equipment that are marked in
accordance with the Theft Prevention
Standard in 49 CFR part 541 are entered
under Box 11 on the HS–7 Declaration
form. In 2010, there were 3,768 entries
under Box 11. In 2011, there were 3,126
such entries. In 2012 there were 2,457.
Averaging these figures, the agency
estimates that 3,117 entries will be
made under Box 11 in each of the next
three years. Virtually all of these entries
are made electronically. This is
evidenced by the fact that the agency
received no HS–7 Declaration forms for
Box 11 entries made in the years from
2010 through 2012. Assuming that it
will take five minutes to complete each
of these entries, the agency projects that
under 260 hours will be expended on an
annual basis in making these entries for
equipment imported under Box 11
(0.0833 hours per declaration × 3,117
declarations = 259.74 hours).
m. Temporary importation of
nonconforming vehicles by foreign
military personnel under Box 12: A
member of the armed forces of a foreign
country on assignment in the United
States can temporarily import a
nonconforming vehicle for personal use
during the member’s tour of duty under
Box 12 on the HS–7 Declaration form.
In 2010, a total of 116 vehicles were
imported under Box 12. In 2011, 121
such vehicles were imported. In 2012,
49 were imported. Averaging these
figures, the agency projects that roughly
95 vehicles will be imported under Box
12 in each of the next three years.
Assuming that volume, the hour burden
associated with the completion of the
HS–7 Declaration form for these
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vehicles will be under 8 hours (0.08333
hours to complete each HS–7 × 95
vehicles = 7.91 hours).
n. Importation of vehicles to prepare
import eligibility petitions under Box
13: A nonconforming vehicle imported
by an RI for the purpose of preparing a
petition for NHTSA to decide that a
particular make, model, and model year
vehicle is eligible for importation is
entered under Box 13 on the HS–7
Declaration form. A letter from NHTSA
granting the importer permission to
import the vehicle for that purpose must
be filed with the declaration. NHTSA
has issued guidance to inform RIs that
it will permit no more than two vehicles
to be imported for the purpose of
preparing an import eligibility petition.
Box 13 was incorporated into the HS–
7 Declaration form when that form was
last revised in May, 2006. The agency
received requests to permit the
importation of 18 vehicles under Box 13
in 2010, 12 in 2011, and 21 in 2012. As
previously noted, the agency projects
that roughly 13 import eligibility
petitions will be submitted in each of
the next three years. The agency permits
an RI to import up to two vehicles for
the purpose of preparing an import
eligibility petition. Assuming that each
petitioning RI imports two vehicles, the
agency estimates that it will receive up
to 26 requests per year for letters
permitting those vehicles to be imported
under Box 13. Estimating that it will
take five minutes to complete each of
those requests, the hour burden
associated with this activity will be
roughly 1 hour (0.08333 hours to
complete each request × 26 vehicles =
1.083299 hours).
2. Information collected from
applicants for RI status and existing RIs
seeking to renew their registrations:
Under 49 U.S.C. 30141, a motor vehicle
that was not originally manufactured to
comply with all applicable FMVSS
cannot be lawfully imported into the
United States on a permanent basis
unless (1) NHTSA decides it is eligible
for importation, based on its capability
of being modified to conform to all
applicable FMVSS and (2) it is imported
by an RI or by a person who has a
contract with an RI to modify the
vehicle so that it complies with all
applicable FMVSS following
importation. NHTSA is authorized by 49
U.S.C. 30141(c) to establish, by
regulation, procedures for registering
RIs. Those regulations are found in 49
CFR part 592.
a. Information collected from
applicants: Under the terms of the
regulations in part 592, an applicant for
RI status must submit to the agency
information that identifies the
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applicant, specifies the manner in
which the applicant’s business is
organized (i.e., sole proprietorship,
partnership, or corporation), and,
depending on the form of organization,
identifies the principals of the business.
The application must also state that the
applicant has never had a registration
revoked and identify any principal
previously affiliated with another RI.
The application must also provide the
street address and telephone number in
the United States of each facility for the
conformance, storage, and repair of
vehicles that the applicant will use to
fulfill its duties as an RI, including
records maintenance, and the street
address in the United States that it
designates as its mailing address. The
applicant must also furnish a business
license or other similar document
issued by a State or local authority
authorizing it to do business as an
importer, seller, or modifier of motor
vehicles, or a statement that it has made
a bona fide inquiry and is not required
by any State or local authority to
maintain such a license. The application
must also set forth sufficient
information to allow the Administrator
to conclude that the applicant (1) is
technically able to modify
nonconforming vehicles to conform to
applicable Federal motor vehicle safety
and bumper standards, (2) owns or
leases one or more facilities sufficient in
nature and size to repair, conform, and
store the vehicles for which it furnishes
statements of conformity to NHTSA, (3)
is financially and technically able to
provide notification of and a remedy for
a noncompliance with an FMVSS or a
defect related to motor vehicle safety
determined to exist in the vehicles it
imports, and (4) is able to acquire and
maintain information on the vehicles
that it imports and the owners of those
vehicles so that it can notify the owners
if a safety-related defect or
noncompliance is determined to exist in
such vehicles. The application must
also contain a statement that the
applicant will abide by the duties of an
RI and attest to the truthfulness and
correctness of the information provided
in the application. A brochure
containing sample documents that an
applicant may use in applying to
become an RI is posted to the agency’s
Web site at www.nhtsa.gov/cars/rules/
import. In 2010, NHTSA received 1
application for RI status. In 2011, the
agency received 4 applications of this
kind. In 2012, the agency received 2.
Based on these figures, the agency
anticipates that it will receive 2
applications for RI status in each of the
next three years. Assuming that it will
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take up to ten hours to compile and
assemble the material needed to support
a single application, the agency
estimates that 20 hours will be
expended in this activity for each of the
next three years (2 applications × 10
hours = 20 hours).
b. Information collected from existing
RIs: To maintain its registration, an RI
must file an annual statement affirming
that all information it has on file with
the agency remains correct and that it
continues to comply with the
requirements for being an RI. Formats
that existing RIs may use to renew their
registrations are included in a
newsletter sent electronically to each RI
before the renewal is due and posted to
the agency’s Web site at www.nhtsa.gov/
cars/rules/import. The number of RI
renewals declined in recent years on
account of the weakening of the U.S.
dollar against the Canadian dollar, and
the concomitant reduction in the
volume of vehicles imported from
Canada. In 2010, NHTSA received
renewal packages from 66 RIs. In 2011,
the agency received 65 renewal
packages. In 2012, the agency received
65. Based on these figures, the agency
anticipates that it will receive an
average of 65 renewal packages in each
of the next three years. Assuming that
it will take up to two hours to compile
and assemble the material needed to
support a single application for renewal,
the agency estimates that 130 hours will
be expended in this activity for each of
the next three years (65 renewal
applications × 2 hours = 130 hours).
3. Information to be retained by RIs:
The agency’s regulations at 49 CFR
592.6(b) require an RI to maintain and
retain certain specified records for each
motor vehicle for which it furnishes a
certificate of conformity to NHTSA, for
a period of 10 years from the vehicle’s
date of entry. As described in the
regulations, those records must consist
of ‘‘correspondence and other
documents relating to the importation,
modification, and substantiation of
certification of conformity to the
Administrator.’’ The regulations further
specify that the records to be retained
must include (1) a copy of the HS–7
Declaration Form furnished for the
vehicle at the time of importation, (2) all
vehicle or equipment purchase or sales
orders or agreements, conformance
agreements with importers other than
RIs, and correspondence between the RI
and the owner or purchaser of each
vehicle for which the RI furnishes a
certificate of conformity to NHTSA, (3)
the last known name and address of the
owner or purchaser of each vehicle for
which the RI furnishes a certificate of
conformity, and the vehicle
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identification number (VIN) of the
vehicle, and (4) records, both
photographic and documentary,
reflecting the modifications made by the
RI, which were submitted to NHTSA to
obtain release of the conformance bond
furnished for the vehicle at the time of
importation. See 49 CFR 592.6(b)(1)
through (b)(4).
The latter records are referred to as a
‘‘conformity package.’’ Most conformity
packages submitted to the agency
covering vehicles imported from Canada
are comprised of approximately six
sheets of paper (including a check-off
sheet identifying the vehicle and the
standards that it was originally
manufactured to conform to and those
that it was modified to conform to, a
statement identifying the recall history
of the vehicle, a copy of the HS–474
conformance bond covering the vehicle,
and a copy of the mandatory service
insurance policy obtained by the RI to
cover its recall obligations for the
vehicle). In addition, most conformity
packages include photographs of the
vehicle, components that were modified
or replaced to conform the vehicle to
applicable standards, and the
certification labels affixed to the
vehicle.
Approximately 120 conformity
packages can be stored in a cubic foot
of space. Based on projected imports of
23,627 nonconforming vehicles per
year, 196.79 cubic feet of space will be
needed on an industry-wide basis to
store one year’s worth of conformity
packages. Assuming an annual cost of
$20 per cubic foot to store the
information, NHTSA estimates the
aggregate cost to industry for storing a
year’s worth of conformity packages to
be $3,936 per year. Over a ten-year
retention period, a member of the
industry would be required to retain 55
annual units of records (assuming that
one annual unit was stored in the first
year, two annual units in the second
year, and so on). The aggregate cost to
industry of the ten-year record retention
requirement will therefore be $216,480
(55 × $3,936 = $216,480).
RIs are also required under 49 CFR
592.6(b) to retain a copy of the HS–7
Declaration Form furnished to Customs
at the time of entry for each
nonconforming vehicle for which they
submit a conformity package to NHTSA.
Paper HS–7 Declaration Forms are only
filed for a small fraction of the
nonconforming vehicles imported into
the United States. Customs brokers file
entries for most nonconforming vehicles
electronically by using the Automated
Broker Interface (ABI) system. For
example, in Calendar year 2010, 17,645
ABI entries were made for
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nonconforming vehicles imported into
the United States under Box 3, and only
365 paper HS–7 Declaration Forms
(representing just two percent of the
total) were filed for such vehicles.
Because HS–7 Declaration Forms are
filed for only a small fraction of the
nonconforming vehicles that are
imported by RIs, the storage
requirement for those records can have
no more than a negligible cost impact on
the industry. Because the remaining
records that RIs are required to retain
under 49 CFR 592.6(b) may be stored
electronically, the costs incident to the
storage of those records should also be
negligible.
RIs who conduct recall campaigns to
remedy a safety-related defect or a
noncompliance with an FMVSS
determined to exist in a vehicle they
import must report the progress of those
campaigns to NHTSA. The agency
estimates that it should take each RI that
is required to conduct a safety recall
campaign approximately one hour to
compile information for, and prepare
each of the two reports it would be
required to submit to the agency
detailing the progress of the recall
campaign. Since vehicle manufacturers
in most cases include vehicles imported
by RIs in their own recall campaigns, it
is likely that very few of these reports
would have to be prepared or submitted
by RIs.
Description of the Need for the
Information and Proposed Use of the
Information—The information
collection detailed above is necessary to
ensure that motor vehicles and items of
motor vehicle equipment subject to the
Federal motor vehicle safety, bumper
and theft prevention standards are
lawfully imported into the United
States. To be lawfully imported, the
vehicle or equipment item must be
covered by one of the boxes on the HS–
7 Declaration form and the importer
must declare, subject to penalty for
making false statements, that the vehicle
or equipment item is entitled to entry
under the conditions specified on the
form, including the provision of any
supporting information or materials that
may be required.
NHTSA relies on the information
provided by RIs and applicants for RI
status to obtain and renew their
registrations so that it can better ensure
that RIs are meeting their obligations
under the statutes and regulations
governing the importation of
nonconforming vehicles and can make
more informed decisions in conferring
RI status on applicants and in
permitting RI status to be retained by
those currently holding registrations. In
this manner, those lacking the capability
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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices
to responsibly provide RI services, or
who have committed or are associated
with those who have committed past
violations of the vehicle importation
laws, can be more readily denied
registration as an RI, or if they already
hold such a registration, have that
registration suspended or revoked when
circumstances warrant such action.
Description of the Likely Respondents
(Including Estimated Number and
Proposed Frequency of Responses to the
Collection of Information)—With regard
to the HS–7 Declaration form, likely
respondents include any private
individual or commercial entity
importing into the United States a
vehicle or item of motor vehicle
equipment subject to the Federal motor
vehicle safety standards. It is difficult to
estimate, with reliability, the absolute
number of such respondents; however,
that number would include:
• The 64 RIs who are currently
registered with NHTSA and import
nonconforming vehicles under Boxes 3
and 13;
• The roughly 1,837 individuals who
import each year Canadian-certified
vehicles for personal use under Box 2B;
• The several hundred original
manufacturers who import conforming
motor vehicles and equipment items
under Box 2A; nonconforming vehicles
or equipment intended for export under
Box 4; nonconforming vehicles and
equipment on a temporary basis for
purposes of research, investigations, or
other reasons specified under Box 7;
vehicles and equipment requiring
further manufacturing operations under
Box 9; and equipment subject to the
Theft Prevention Standard under Box
11.
• The several hundred dealers,
distributors, and individuals who
import off-road vehicles such as dirt
bikes and all-terrain vehicles or ATVs,
as well as other vehicles that are not
primarily manufactured for on-road use
under Box 8.
• The several hundred nonresidents
of the United States and foreign
diplomatic and military personnel who
temporarily import nonconforming
vehicles for personal use under Boxes 5,
6, and 12.
Estimate of the Total Annual
Reporting and Recordkeeping Burden of
the Collection of Information—Adding
together the burden hours detailed
above yields a total of 61,882 hours
expended on an annual basis for all
paperwork associated with the filing of
the HS–7 Declaration form and other
aspects of the vehicle importation
program.
Estimate of the Total Annual Costs of
the Collection of Information—Other
VerDate Mar<15>2010
15:31 Aug 12, 2013
Jkt 229001
than the cost of the burden hours, the
only additional costs associated with
this information collection are those
incident to the storage, for a period of
ten years, of records pertaining to the
nonconforming vehicles that each RI
imports into the United States.
Authority: 44 U.S.C. 3506(c); delegation of
authority at 49 CFR 1.50 and 501.8(f).
Issued on: August 6, 2013.
Jeffrey Giuseppe,
Chief, Equipment Division, Office of Vehicle
Safety Compliance.
[FR Doc. 2013–19492 Filed 8–12–13; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0091]
National Emergency Medical Services
Advisory Council (NEMSAC); Notice of
Federal Advisory Committee Meeting
National Highway Traffic
Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).
ACTION: Meeting Notice—National
Emergency Medical Services Advisory
Council.
AGENCY:
The NHTSA announces a
meeting of NEMSAC to be held in the
Metropolitan Washington, DC, area.
This notice announces the date, time,
and location of the meeting, which will
be open to the public, as well as
opportunities for public input to the
NEMSAC. The purpose of NEMSAC, a
nationally recognized council of
emergency medical services
representatives and consumers, is to
advise and consult with DOT and the
Federal Interagency Committee on EMS
(FICEMS) on matters relating to
emergency medical services (EMS).
DATES: The meeting will be held on
September 5, 2013, from 8 a.m. to 5:30
p.m. EDT, and on September 6, 2013,
from 8 a.m. to 12 p.m. EDT. A public
comment period will take place on
September 5, 2013, between 3 p.m. and
3:30 p.m. EDT and September 6, 2013,
between 10 a.m. and 10:15 a.m. EDT.
Written comments from the public must
be received no later than September 3,
2013.
ADDRESSES: The meeting will be held at
the Performance Institute on the third
floor of 901 New York Avenue NW.,
Washington, DC 20001.
FOR FURTHER INFORMATION CONTACT:
Drew Dawson, Director, U.S.
Department of Transportation, Office of
Emergency Medical Services, 1200 New
SUMMARY:
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
Jersey Avenue SE., NTI–140,
Washington, DC 20590, telephone 202–
366–9966; email Drew.Dawson@dot.gov.
SUPPLEMENTARY INFORMATION: Notice of
this meeting is given under the Federal
Advisory Committee Act, Public Law
92–463, as amended (5 U.S.C. App.).
The NEMSAC is authorized under
Section 31108 of the Moving Ahead
with Progress in the 21st Century Act of
2012. The NEMSAC will meet on
Thursday and Friday, September 5–6,
2013, at the Performance Institute on the
third floor of 901 New York Avenue
NW., Washington, DC 20001.
Tentative Agenda of National EMS
Advisory Council Meeting, September
5–6, 2013
The tentative agenda includes the
following:
Thursday, September 5, 2013 (8 a.m. to
5:30 p.m. EDT)
(1) Opening Remarks
(2) Disclosure of Conflicts of Interests by
Members
(3) Reports from the Departments of
Transportation, Homeland Security,
and Health & Human Services
(4) Presentation and discussion on draft
EMS Workforce Guidelines and
EMS responses to active shooter
and improvised explosive device
events
(5) Presentation and discussion on
NHTSA’s Emerging Issues White
Papers
a. Pre-Hospital EMS as a Public Good
and Essential Service
b. Research in Prehospital Care:
Models for Success
c. Emerging Digital Technologies for
EMS and 911 Systems
d. Efficacy of Prehospital Application
of Tourniquets and Hemostatic
Dressings to Control Traumatic
External Hemorrhage
(6) Presentation, Discussion and
Possible Adoption of Reports and
Recommendations from the
following NEMSAC Workgroups:
a. Patient Protection and Affordable
Care Act
b. Revision of the EMS Education
Agenda for the Future
c. EMS Agenda for the Future
d. Improving Internal NEMSAC
Processes
e. Safety
(7) Other Business of the Council
(8) Public Comment Period (3 p.m. to
3:30 p.m. EDT)
(9) Workgroup Breakout Sessions (3:30
p.m.–5:30 p.m. EDT)
Friday, September 6, 2013 (8 a.m. to 12
p.m. EDT)
(1) Unfinished Business/Continued
Discussion from Previous Day
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[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Notices]
[Pages 49324-49332]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19492]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0090]
Reports, Forms, and Record Keeping Requirements
AGENCY: National Highway Traffic Safety Administration, DOT
ACTION: Request for public comment on proposed collection of
information.
-----------------------------------------------------------------------
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 the proposed collection of information.
This document describes a proposed collection of information under
regulations in 49 CFR parts 591, 592, and 593 that pertain to the
importation of motor vehicles and items of motor vehicle equipment that
are subject to the Federal motor vehicle safety, bumper, and theft
prevention standards.
DATES: Comments must be received on or before October 15, 2013.
ADDRESSES: You may submit comments [identified by DOT Docket No. NHTSA-
2013- ] by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
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 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
[[Page 49325]]
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) or you may visit
https://DocketInfo.dot.gov.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov and follow the
online instructions for assessing the dockets. Alternately, you may
visit in person the Docket Management Facility at the street address
listed above.
FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance (NVS-223), National Highway Traffic Safety
Administration, West Building--4th Floor- Room W43-481, 1200 New Jersey
Avenue SE., Washington, DC 20590. Mr. Sachs' telephone number is (202)
366-3151. Please identify the relevant collection of information by
referring to its OMB Control Number.
SUPPLEMENTARY INFORMATION:
Prior Approval
On November 30, 2010, NHTSA submitted to OMB a request for the
extension of the agency's approval (assigned OMB Control No. 2127-0002)
of the information collection that is incident to NHTSA's
administration of the vehicle importation regulations at 49 CFR Parts
591, 592, and 593. On January 19, 2011, OMB notified NHTSA that it had
approved this extension request through January 31, 2014. That approval
was based on NHTSA submissions identifying information being collected
on an annual basis from 63,818 respondents, expending 40,764 hours of
effort, at a cost of $1,591,243. NHTSA wishes to file with OMB a
request for that agency to extend its approval for an additional three
years.
Changes in Program
Since the information collection associated with NHTSA's
importation program was last approved by OMB, some changes have taken
place that impact the information collection and the assessment of its
burden on affected members of the public. The volume of vehicles at
least 25 years old imported without regard to their compliance with the
Federal motor vehicle safety standards (FMVSS) under Box 1 on the HS-7
Declaration form has increased by more than 40 percent, from roughly
8,900 vehicles in 2009 to nearly 13,000 vehicles in 2012. There has
been a 75 percent increase in the volume of vehicles conforming to the
FMVSS that are imported under Box 2A, from 3.2 million in 2009 to
nearly 5.6 million in 2012. The volume of vehicles not originally
manufactured to the FMVSS that are imported by registered importers
under Box 3 has increased nearly threefold, from 10,700 vehicles in
2009, to over 30,000 vehicles in 2012. During the same period, a forty
percent increase has occurred in the volume of vehicles at least 25
years old that can be imported without regard to their compliance with
applicable FMVSS, from nearly 9,000 to almost 13,000 vehicles. There
has been a 60 percent decrease in the volume of vehicles imported for
export only under Box 4, from nearly 50,000 vehicles in 2009 to
slightly more than 20,000 in 2012. The volume of nonconforming vehicles
temporarily imported for research or demonstration purposes under Box 7
has increased by 50 percent, from 4,000 vehicles in 2009 to 6,000 in
2012. Finally, the volume of vehicles not originally manufactured for
use on public roads that are declared as off-road vehicles not subject
to the FMVSS under Box 8 has more than tripled, from less than 100,000
in 2009 to 326,000 in 2012.
The focus of NHTSA's importation program has traditionally been on
vehicles that were not originally manufactured to comply with all
applicable FMVSS. These vehicles must be imported by a registered
importer (RI) under bond to ensure that the vehicles are brought into
compliance with applicable standards following importation.
Nonconforming vehicles are entered under Box 3 on the HS-7 Declaration
form. In calendar year 2002, 212,210 nonconforming vehicles were
imported under Box 3. Over 97 percent of those vehicles were imported
from Canada. In 2003, after the U.S. dollar began to weaken against the
Canadian dollar, the volume of nonconforming vehicle imports under Box
3 was reduced by more than half, to 97,337 vehicles. The trend
accelerated over the next five years, with 43,648 vehicles imported
under Box 3 in 2004, 12,642 imported in 2005, 10,953 imported in 2006,
7,470 imported in 2007, and 6,311 imported in 2008. After the U.S.
dollar had gained some strength against the Canadian dollar, the volume
of imports under Box 3 increased to 10,752 vehicles in 2009, and
continued to increase to 18,010 vehicles in 2010, 22,733 vehicles in
2011, and 30,138 in 2012.
When NHTSA last requested OMB approval for the information
collection associated with the vehicle importation program, the agency
estimated that 8,200 nonconforming vehicles would be imported on an
annual basis under Box 3, for which HS-7 Declaration forms and HS-474
DOT Conformance bonds would have to be furnished. The agency estimated
that it would take five minutes to complete each HS-7 Declaration form,
and six minutes to complete each HS-474 DOT Conformance bond, for a
total expenditure of 1,503 hours to complete these forms. Given the
continued rise in nonconforming vehicle imports under Box 3 in recent
years, future projections should assume an average of 23,600 vehicle
imports per year. Relying on this figure, the hour burden associated
with the completion of paperwork for these vehicles would be close to
1,503 hours (0.08333 hours to complete each HS-7 x 23,600 vehicles =
1,967 hours; 0.1 hours to complete each HS-474 x 23,600 vehicles =
2,360 hours; 1,967 + 2,360 = 4,327 hours). This represents nearly a 300
percent increase in burden hours associated with these entries when
compared to the figures used when OMB approval was last obtained.
Scope of Accounting for Burdens
In this document, the agency has not focused exclusively on
vehicles imported under the RI program, but has instead made a
concerted effort to quantify the hour burden associated with the
completion of paperwork for vehicles and equipment items imported in
any legitimate way under NHTSA's regulations. As a consequence, we are
providing particular information on the paperwork burden associated
with the importation of conforming motor vehicles; the temporary
importation of nonconforming vehicles for personal use by nonresidents
and by foreign diplomatic and military personnel; the temporary
importation of nonconforming vehicles for purposes of research,
investigations, demonstrations or training, and other similar purposes;
the importation of vehicles that are not primarily manufactured for on-
road use; and other entry categories permitted under the agency's
regulations. In addition, we have attempted to account for all forms,
whether required or optional, and other types of information
solicitations associated with vehicle and equipment importation that
appear on the agency's Web site and in newsletters and other
informational media that we employ to inform RIs and others of our
requirements. Accounting for all paperwork burdens in this manner, we
project that a total of 61,882 hours will be expended each year to
complete paperwork associated with all aspects of NHTSA's program that
regulates the importation of motor vehicles and equipment items subject
to the FMVSS.
[[Page 49326]]
Issues for Comments to Address
Under the Paperwork Reduction Act of 1995 (PRA), 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;
(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.
Solicitation of Comments
In compliance with these requirements, NHTSA is requesting public
comment on the following proposed collection of information:
Title: Importation of Vehicles and Equipment Subject to the Federal
Motor Vehicle Safety, Bumper, and Theft Prevention Standards.
Type of Request: Extension of a Currently Approved Collection.
OMB Control Number: 2127-0002.
Affected Public: Importers of vehicles and regulated items of motor
vehicle equipment.
Requested Expiration Date of Approval: January 31, 2017.
Summary of Collection of Information--
1. Declaration requirement for the importation of motor vehicles
and regulated items of motor vehicle equipment: NHTSA's regulations at
49 CFR part 591 provide that no person shall import a motor vehicle or
regulated item of motor vehicle equipment (e.g., tires, rims, brake
hoses, brake fluid, seat belt assemblies, lighting equipment, glazing
(i.e., windshield and window glass), motorcycle helmets, child
restraints, compressed natural gas containers (used as part of a
vehicle fuel system and not for the purpose of transporting natural
gas), reflective triangular warning devices, rear impact guards for
trailers, and platform lift systems for the mobility impaired)unless
the importer files a declaration. See 49 CFR 591.5. This declaration is
filed with U.S. Customs and Border Protection (Customs) on a paper copy
of the HS-7 Declaration form, or, if the entry is made by a Customs
House Broker, it can be made electronically using Customs' Automated
Broker Interface (ABI) system. The HS-7 Declaration form has 14 boxes,
each of which identifies a lawful basis for the importation of a motor
vehicle or equipment item into the United States.
a. Importation of vehicles at least 25 years old or equipment not
subject to the safety standards under Box 1: A motor vehicle at least
25 years old can be lawfully imported without regard to its compliance
with the FMVSS. So too can an equipment item manufactured on a date
when no applicable FMVSS was in effect. These vehicles and equipment
items are declared under Box 1 on the HS-7 Declaration form. In
calendar year 2010, 7,752 vehicles were imported under Box 1. In 2011,
7,696 vehicles were imported, and in 2009, the volume of imports
increased to 12,677 vehicles. Based on an average of these figures, the
agency projects that roughly 9,375 vehicles will be imported each year
under Box 1 over the next three years. Assuming that an HS-7
Declaration form is filed for each of these vehicles, and that it will
take five minutes to complete each of these forms, the agency estimates
the hour burden associated with completing the paperwork for these
vehicles to be approximately 781 hours per year (0.08333 hours x 9,375
= 781 hours).
b. Importation of conforming vehicles and equipment under Box 2A:
Vehicles and equipment that are originally manufactured to comply with
all applicable Federal motor vehicle safety, bumper, and theft
prevention standards, and that bear a label or tag certifying such
compliance that is permanently affixed by the original manufacturer,
are declared under Box 2A on the HS-7 Declaration form. In 2010,
4,596,254 vehicles were imported under Box 2A. In 2011, the figure
increased to 5,048,765 vehicles, and increased again in 2012, to
5,587,621. Based on an average of these figures, the agency projects
that roughly 5,077,546 vehicles will be imported each year under Box 2A
for the next three years. The overwhelming majority of vehicles entered
under Box 2A are imported by original manufacturers. As a rule,
manufacturers do not file a separate HS-7 Declaration form for each
conforming vehicle they import under Box 2A. Instead, the manufacturers
furnish NHTSA with a single declaration form, on a monthly basis, to
which they attach a list of all vehicles, identified by make, model,
model year, and vehicle identification number (VIN), that were imported
under Box 2A during that month. In this manner, it is not unusual for a
single HS-7 Declaration form to be filed with the agency to cover the
entry of many thousands of vehicles. Assuming that manufacturers
account for 90 percent of the vehicles imported under Box 2A, and that
a manufacturer will, on average, report the entry of 5,000 vehicles on
a single Declaration form, and that all other vehicles imported under
Box 2A are declared individually, the agency projects the hour burden
associated with completing the paperwork for the entry of these
vehicles to be 42,387 hours per year (5,077,546 vehicles x .9 =
4,569,791 vehicles imported by original manufacturers; 4,569,791
vehicles / 5,000 vehicles per declaration forms filed = 914 declaration
forms being filed per year by manufacturers; assuming that a separate
declaration is filed for each other vehicle imported under Box 2A
yields 507,755 declarations being filed per year for these vehicles;
507,755 + 914 = 508,669 declarations per year; 0.08333 hours to
complete each declaration x 508,669 declarations = 42,387 hours).
c. Importation of conforming Canadian-market vehicles for personal
use under Box 2B: A motor vehicle that is certified by its original
manufacturer as complying with all applicable Canadian motor vehicle
safety standards can be imported by an individual for personal use
under Box 2B. To accomplish the entry, the importer must furnish
Customs with a letter from the vehicle's original manufacturer
confirming that the vehicle conforms to all applicable U.S. Federal
motor vehicle safety, bumper, and theft prevention standards, or that
it conforms to all such standards except for the labeling requirements
of Standard Nos. 101 Controls and Displays and 110 or 120 Tire
Selection and Rims, and/or the requirements of Standard No. 108 Lamps,
Reflective Devices, and Associated Equipment relating to daytime
running lamps. NHTSA received from Customs a total of 1,474 HS-7
Declaration forms for vehicles imported under Box 2B in calendar year
2010. In addition,
[[Page 49327]]
declarations were filed electronically for 505 vehicles imported under
Box 2B in 2007. Combining these figures yields a total of 1,979
vehicles imported under Box 2B in that calendar year. NHTSA received
from Customs a total of 1,548 HS-7 Declaration forms for vehicles
imported under Box 2B in 2010. In addition, electronic entries were
made for 710 vehicles imported under Box 2B in that calendar year.
Combining these figures yields a total of 2,258 vehicles imported under
Box 2B in 2011. NHTSA received from Customs a total of 308 HS-7
Declaration forms for vehicles imported under Box 2B in 2012. In
addition, electronic entries were made for 308 vehicles imported under
Box 2B in that calendar year. Combining these figures yields a total of
1,275 vehicles imported under Box 2B in 2008. Assuming these figures
represent a fair approximation of the volume of vehicles imported under
Box 2B in those three calendar years, the agency projects that roughly
1,837 vehicles will be imported under Box 2B in each of the next three
calendar years. Assuming that a separate HS-7 Declaration form is filed
for each of these vehicles, the hour burden associated with the
completing the paperwork for the entry of these vehicles will be 153
hours per year (1,837 vehicles x 0.08333 hours per entry = 153 hours).
d. Importation of nonconforming vehicles by registered importers
under Box 3: Statutory and Regulatory Background.
Section 30112(a) of Title 49, U.S. Code prohibits, with certain
exceptions, the importation into the United States of a motor vehicle
manufactured after the date an applicable Federal motor vehicle safety
standard (FMVSS) takes effect, unless the motor vehicle was
manufactured in compliance with the standard and was so certified by
its original manufacturer. Under one of the exceptions to this
prohibition, found at 49 U.S.C. 30141, a nonconforming vehicle can be
imported into the United States provided (1) NHTSA decides that the
vehicle is eligible for importation, based on its capability of being
modified to conform to all applicable FMVSS, and (2) it is imported by
a registered importer (RI), or by a person who has a contract with an
RI to bring the vehicle into conformity with all applicable standards
following importation. Regulations implementing this statute are found
at 49 CFR parts 591 and 592.
HS-7 Declaration Form
The regulations require a declaration to be filed (on the HS-7
Declaration Form) at the time a vehicle is imported that identifies,
among other things, whether the vehicle was originally manufactured to
conform to all applicable FMVSS, and if it was not, to state the basis
for the importation of the vehicle.
A nonconforming vehicle that NHTSA has decided to be eligible for
importation can be imported by an RI, or by a person who has a contract
with an RI to modify the vehicle so that it conforms to all applicable
FMVSS, under Box 3 on the HS-7 Declaration form. As previously noted,
the volume of imports under Box 3 has steadily increased in recent
years. In 2010, 18,010 vehicles were imported under Box 3, in 2011,
22,733 vehicles were imported, and in 2012, 30,138 vehicles were
imported. Based on these figures, the agency projects that 23,627
vehicles will be imported each year under Box 3. Assuming that volume,
the hour burden associated with the completion of the HS-7 Declaration
form for these vehicles will be 1,969 hours (0.08333 hours to complete
each HS-7 x 23,637 vehicles = 1,969 hours).
HS-474 Conformance Bond
NHTSA's regulations also require an RI, among other things, to
furnish a bond (on the HS-474 Conformance Bond form) at the time of
entry for each nonconforming vehicle it imports, to ensure that the
vehicle will be brought into conformity with all applicable safety and
bumper standards within 120 days of entry or will be exported from, or
abandoned to, the United States. A HS-474 Conformance Bond has to be
furnished for each nonconforming vehicle imported under Box 3. Assuming
an importation volume of 23,627 vehicles per year, the hour burden
associated with the completion of the HS-474 will be 2,363 hours (0.1
hours to complete each HS-474 x 23,627 vehicles = 2,363 hours).
Conformity Statement
After modifying the vehicle to conform to all applicable standards,
the RI submits a statement of conformity (on a suggested form) to
NHTSA, which will then issue a letter permitting the bond to be
released if the agency is satisfied that the vehicle has been modified
in the manner stated by the RI. The statement of conformity contains a
check-off list on which the RI identifies the FMVSS and other agency
requirements to which the vehicle conforms as originally manufactured
and the FMVSS and other requirements to which the vehicle was modified
to conform. The RI also attaches to the statement of conformity
documentary and photographic evidence of the modifications that it made
to the vehicle to achieve conformity with applicable standards.
Collectively, these documents are referred to as a ``conformity
package.''
A conformity package must be submitted for each nonconforming
vehicle imported under Box 3. Because the Canadian motor vehicle safety
standards are identical in most respects to the FMVSS, there are
relatively few modifications that need to be performed on a Canadian-
certified vehicle to conform it to the FMVSS and the conformity
packages that are submitted on these vehicles are considerably less
comprehensive than those submitted for vehicles from Europe, Japan, and
other foreign markets. The agency estimates that it would take the
average RI no more than 30 minutes to collect information for, and
assemble, a conformity package for a Canadian-certified vehicle.
Generally, more modifications are needed to conform a non-Canadian
vehicle to the FMVSS. To properly document these modifications, more
information must be included in the conformity package for a non-
Canadian vehicle than is required for a Canadian-certified vehicle. The
agency estimates that it would take an RI approximately twice as long,
or roughly one hour, to compile information for, and assemble, a
conformity package for a typical non-Canadian vehicle.
Of the 18,010 nonconforming vehicles imported under Box 3 in 2010,
17,499, or over 97 percent, were Canadian market and 511, or under
three percent, were from markets other than Canada. Of the 22,733
nonconforming vehicles imported under Box 3 in 2011, 22,380, or roughly
98.4 percent, were Canadian market and 403, or roughly 1.6 percent,
were from markets other than Canada. Of the 30,138 nonconforming
vehicles imported under Box 3 in 2012, 29,821 or nearly 99 percent,
were Canadian market and 317, or roughly than one percent, were from
markets other than Canada. Assuming this trend continues in future
years, the agency estimates the hour burden associated with the
submission of conformity packages on Canadian-certified vehicles to be
11,577 hours per year (23,627 vehicles x 98 percent or 0.98 = 23,154
vehicles; 23,154 vehicles x 0.5 hours per vehicle = 11,577 hours). The
agency estimates the hour burden associated with the submission of
conformity packages for non-Canadian vehicles to be 472 hours per year
(23,627 vehicles x 2 percent or 0.02 = 472 vehicles; 472 vehicles x 1.0
hours per vehicle = 472 hours. Adding these figures yields an estimated
burden of 12,049 hours per year for the entire RI industry to compile
and submit
[[Page 49328]]
conformity packages to NHTSA on nonconforming vehicles imported under
Box 3 (11,577 hours + 472 hours = 12,049 hours).
Import Eligibility Petition
As previously noted, a motor vehicle that was not originally
manufactured to comply with all applicable FMVSS cannot be lawfully
imported into the United States on a permanent basis unless NHTSA
decides that the vehicle is eligible for importation, based on its
capability of being modified to conform to those standards. Under 49
U.S.C. 30141, the eligibility decision can be based on the
nonconforming vehicle's substantial similarity to a vehicle of the same
make, model, and model year that was manufactured for importation into,
and sale in the United States, and certified as complying with all
applicable FMVSS by its original manufacturer. Where there is no
substantially similar U.S.-certified vehicle, the eligibility decision
must be predicated on the vehicle having safety features that are
capable of being modified to conform to the FMVSS, based on destructive
crash test data or such other evidence that the agency may deem
adequate. The agency makes import eligibility decisions either on its
own initiative, or in response to petitions filed by RIs. Only a small
number of RIs (currently about 15 out of the 64 RIs registered with the
agency) ever submit import eligibility petitions. Many of these
businesses have, over, the years, submitted multiple petitions to the
agency. The agency estimates that it would take the typical RI that
petitions the agency roughly two hours to complete the paperwork
associated with the submission of a petition for a vehicle that has a
substantially similar U.S.-certified counterpart, and roughly twice as
long, or four hours, to complete the paperwork associated with the
submission of a petition for a vehicle that lacks a substantially
similar U.S.-certified counterpart. In 2010, 11 import eligibility
petitions were submitted to the agency. Of these, 7, or 64 percent,
were for vehicles with substantially similar U.S.-certified
counterparts and 4, or 36 percent, were for vehicles for which there
were no substantially similar U.S. certified counterparts. In 2011, 10
import eligibility petitions were submitted to the agency. Of these, 8,
or 80 percent, were for vehicles with substantially similar U.S.-
certified counterparts, and 2, or 20 percent, were for vehicles for
which there were no substantially similar U.S.-certified counterparts.
In 2012, 17 import eligibility petitions were submitted to the agency.
Of these, 14, or 82 percent, were for vehicles with substantially
similar U.S.-certified counterparts, and 3, or 18 percent, were for
vehicles for which there were no substantially similar U.S.-certified
counterparts. Assuming this trend continues in future years, the agency
estimates that roughly 13 import eligibility petitions will be
submitted each year, 75 percent of which, or 10 petitions, will be for
vehicles with substantially similar U.S.-certified counterparts, and 20
percent of which, or 3 petitions, will be for vehicles lacking
substantially similar U.S.-certified counterparts. Based on these
figures, the agency estimates that the hour burden for the paperwork
associated with the submission of import eligibility petitions to be 32
hours per year (10 petitions x 2 hours per petition = 20 hours; 3
petitions x 4 hours per petition = 12 hours; 20 hours + 12 hours = 32
hours).
e. Importation of vehicles or equipment intended solely for export
under Box 4: A nonconforming vehicle or equipment item that is intended
solely for export, and bears a tag or label to that effect, can be
entered under Box 4 on the HS-7 Declaration form. The majority of
vehicles imported for export only under Box 4 are imported by original
manufacturers that do not file individual declaration forms with the
agency for each vehicle imported, but instead include those vehicles in
the monthly count supplied to the agency along with conforming vehicles
imported under Box 2A. The agency received only 2 HS-7 Declaration
forms for vehicles imported under Box 4 in 2011, and none in either
2010 or 2012. Assuming this represents the share of vehicles imported
under Box 4 by parties other than original manufacturers, the agency
projects that HS-7 Declaration forms will be filed for no more than one
tenth of one percent of the vehicles imported under Box 4 in future
years. Averaging the volume of vehicles imported for export only under
Box 4 over the past three years yields an estimate of 46,515 vehicles
being imported on an annual basis in the next three years, and 47 HS-7
Declaration forms being filed in each of those years. Based on that
figure, the hour burden associated with the completion of the HS-7
Declaration form for these vehicles will be under 4 hours (0.08333
hours to complete each HS-7 x 47 vehicles = 3.91 hours).
f. Temporary importation of nonconforming vehicles by nonresidents
of the United States under Box 5: Under an international convention to
which the United States is a signatory, a nonresident of the United
States can import a nonconforming vehicle for personal use, for a
period of up to one year, provided the vehicle is not sold while in the
United States and is exported no later than one year from its date of
entry. These vehicles are entered under Box 5 on the HS-7 Declaration
form. To enter a vehicle under Box 5, the importer must also furnish
Customs with the importer's passport number and the name of the country
that issued the passport. In 2010, a total of 375 vehicles were
imported under Box 5. In 2011, 352 vehicles were imported under that
box. In 2012, 381 were imported. Based on these figures, the agency
estimates that roughly 369 vehicles will be imported under Box 5 in
each of the next three years. Assuming that volume, the hour burden
associated with the completion of the HS-7 Declaration form for these
vehicles will be under 31 hours (0.08333 hours to complete each HS-7 x
369 vehicles = 30.74 hours).
g. Temporary importation of nonconforming vehicles by foreign
diplomat under Box 6: A member of a foreign government on assignment in
the United States, or a member of the secretariat of a public
international organization so designated under the International
Organizations Immunities Act, and within the class of persons for whom
free entry of motor vehicles has been authorized by the Department of
State, can temporarily import a nonconforming vehicle for personal use
while in the United States. These vehicles are entered under Box 6 on
the HS-7 Declaration form. The importer must attach to the declaration
a copy of the importer's official orders and supply Customs with the
name of the embassy to which the importer is attached. In 2010, a total
of 43 vehicles were imported under Box 6. In 2011, 23 vehicles were
imported under that box. In 2012, 21 were imported. Based on these
figures, the agency estimates that roughly 29 vehicles will be imported
under Box 6 in each of the next three years. Assuming that volume, the
hour burden associated with the completion of the HS-7 Declaration form
for these vehicles will be roughly 2 hours (0.08333 hours to complete
each HS-7 x 29 vehicles = 2.41 hours).
h. Temporary importation of nonconforming vehicles and equipment
under Box 7: Under 49 U.S.C. 30114, NHTSA is authorized to exempt a
motor vehicle or item of motor vehicle equipment from the importation
restriction in 49 U.S.C. 30112(a), on such terms the agency decides are
necessary, for purposes of research, investigations, demonstrations,
training, competitive racing events, show, or display. Regulations
implementing this
[[Page 49329]]
provision are found at 49 CFR part 591. Under those regulations,
written permission from NHTSA is needed to temporarily import a
nonconforming motor vehicle or equipment item for one of the specified
purposes unless the importer is a manufacturer of motor vehicles that
are certified to the FMVSS. An application form that can be used to
obtain the letter of permission is posted to the agency's Web site at
www.nhtsa.gov/cars/rules/import. If NHTSA grants it permission, the
nonconforming motor vehicle or equipment item can be temporarily
imported under Box 7 on the HS-7 Declaration form. In 2010, 5,962
vehicles were imported under Box 7. In 2011, 6,182 vehicles were
imported under that box. In 2012, 6,089 were imported. Permission
letters were requested from NHTSA for 255 of the vehicles imported in
2010, 287 of the vehicles imported in 2011, and 262 of the vehicles
imported in 2012, representing roughly 4.5 percent of the total number
of vehicles imported under Box 7 in those years. The remaining vehicles
were imported by original manufacturers of vehicles that are certified
to the FMVSS, who can temporarily import nonconforming vehicles for any
of the specified purposes under Box 7 without the need for a NHTSA
permission letter. Averaging the volume of imports over the past three
years, the agency projects that roughly 6,078 vehicles will be imported
under Box 7 in each of the next three years. Assuming that applications
for NHTSA permission letters will be submitted for 4.5 percent of those
vehicles, and that a single application will be filed for each vehicle,
the agency estimates that 273 applications will be filed in each of the
next three years. Based on the estimate that it will take roughly five
minutes to complete each of those applications, the agency projects
that under 23 hours will be expended on an annual basis to submit
applications for permission from NHTSA to import vehicles under Box 7
(0.0833 hours per application x 273 applications = 22.74 hours).
Assuming that a single HS-7 Declaration form is filed for each vehicle
imported under Box 7, the agency projects that under 507 hours will be
expended on an annual basis in completing the declaration for vehicles
imported under Box 7 (0.0833 hours per declaration x 6,078 vehicles =
506.47 hours).
i. Importation of off-road vehicles under Box 8: NHTSA regulates
the importation of ``motor vehicles,'' which are defined (at 49 U.S.C.
30102) as vehicles that are driven or drawn by mechanical power and
manufactured primarily for use on public streets, roads, and highways.
Vehicles that are not primarily manufactured for on-road use do not
qualify as ``motor vehicles'' under this definition, and may therefore
be imported without regard to their compliance with the FMVSS. These
vehicles are entered under Box 8 on the HS-7 Declaration form. Vehicles
that can be entered in this fashion include those that are originally
manufactured for closed circuit racing. Although approval from NHTSA is
not needed to import a vehicle that was originally manufactured for
racing purposes, the agency will issue a letter recognizing a
particular vehicle as having been so manufactured if the importer
requests the agency to do so. An application form that can be used to
obtain such a letter is also posted to the agency's Web site at
www.nhtsa.gov/cars/rules/import. In 2010, applications were submitted
to NHTSA for 34 vehicles imported under Box 8. In 2011, 40 applications
were filed. In 2012, 15 were filed. Based on these figures, the agency
projects that 30 applications to import vehicles for racing purposes
under Box 8 will be submitted in each of the next three years. Assuming
that it will take five minutes to complete each of these applications,
the agency estimates that under 3 hours will be expended in completing
these applications (0.08333 hours x 30 applications = 2.49 hours).
In 2010, a total of 152,665 vehicles were imported under Box 8. In
2011, 192,283 vehicles were imported under that box. In 2012, 326,049
were imported. Averaging those figures, the agency projects that
roughly 223,666 vehicles will be imported under Box 8 in each of the
next three years. The vast majority of these vehicles were off-road
motorbikes or all-terrain vehicles that were imported in bulk shipments
for which a single declaration was filed. NHTSA received only 75 HS-7
Declaration forms for vehicles imported under Box 8 in 2010, 5 for
vehicles imported in 2011, and none for those imported in 2012. The
remainder of the entries were made electronically. Based on the
assumption that each entry covers 100 vehicles, the agency estimates
that approximately 224 Box 8 entries will be made on an annual basis
over the next three years. Relying on this assumption, the agency
projects that slightly less than 19 hours will be expended on an annual
basis in completing the declaration for vehicles imported under Box 8
(0.0833 hours per declaration x 224 vehicle entries = 18.66 hours).
j. Importation of vehicles or equipment requiring further
manufacturing operations under Box 9: A motor vehicle or equipment item
that requires further manufacturing operations to perform its intended
function, other than the addition of readily attachable components such
as mirrors or wipers, or minor finishing operations such as painting,
can be entered under Box 9 on the HS-7 Declaration form. Documents from
the manufacturer must be furnished for these entries. In 2010, 10,323
vehicles were imported under Box 9. In 2011, 14,856 vehicles were
imported under that box. In 2012, 12,411 were imported. Averaging those
figures, the agency projects that roughly 12,530 vehicles will be
imported under Box 9 in each of the next three years. Assuming that a
separate HS-7 Declaration form is filed for each of those vehicles, the
agency projects that approximately 1,000 hours will be expended on an
annual basis in completing the declaration for vehicles imported under
Box 9 (0.0833 hours per declaration x 8,600 vehicles = 1,044.12).
k. Importation of vehicles for show or display under Box 10:
Vehicles that are deemed by NHTSA to have sufficient technological or
historical significance that they would be worthy of being exhibited in
car shows if they were brought to the United States are eligible for
importation for purposes of show or display under Box 10 on the HS-7
Declaration form. Written permission from NHTSA is also needed to
import a vehicle for that purpose. An application form that can be used
to request the agency to decide that a particular make, model, and
model year vehicle is eligible for importation for purposes of show or
display is posted to the agency's Web site at www.nhtsa.gov/cars/rules/import. In 2010, the agency received 12 applications to determine
vehicles eligible for importation for purposes of show or display. In
2011, the agency received 3 such applications. In 2012, the agency
received 7. Averaging these figures, the agency projects that it will
receive 7 applications to determine vehicles eligible for importation
for purposes of show or display in each of the next three years.
Assuming that it will take the typical applicant up to ten hours to
compile and assemble the materials needed to support each application,
the agency estimates that up to 70 hours will be expended in this
activity in each of those years.
Also on the agency's Web site is an application form that can be
used to request NHTSA to permit a particular vehicle to be imported for
purposes of show or display once the agency has decided that the
vehicle is of a make, model, and model year that is eligible
[[Page 49330]]
for importation for those purposes. Certain restrictions apply to
vehicles that are imported for purposes of show or display. Among those
is a requirement that the vehicle not be driven in excess of 2,500
miles per year. The application specifies the terms of the importation
and makes provision for the applicant to agree to those terms. In 2010,
the agency received 29 applications to import specific vehicles for
purposes of show or display. In 2011, the agency received 14 such
applications. In 2012, the agency received 34. Averaging those figures,
the agency estimates that it will receive roughly 26 applications in
each of the next three years. Assuming that it will take the typical
applicant up to one hour to compile and assemble the materials needed
to support each application, the agency estimates that up to 26 hours
will be expended in this activity in each of those years.
l. Importation of equipment subject to the Theft Prevention
Standard under Box 11: Items of motor vehicle equipment that are marked
in accordance with the Theft Prevention Standard in 49 CFR part 541 are
entered under Box 11 on the HS-7 Declaration form. In 2010, there were
3,768 entries under Box 11. In 2011, there were 3,126 such entries. In
2012 there were 2,457. Averaging these figures, the agency estimates
that 3,117 entries will be made under Box 11 in each of the next three
years. Virtually all of these entries are made electronically. This is
evidenced by the fact that the agency received no HS-7 Declaration
forms for Box 11 entries made in the years from 2010 through 2012.
Assuming that it will take five minutes to complete each of these
entries, the agency projects that under 260 hours will be expended on
an annual basis in making these entries for equipment imported under
Box 11 (0.0833 hours per declaration x 3,117 declarations = 259.74
hours).
m. Temporary importation of nonconforming vehicles by foreign
military personnel under Box 12: A member of the armed forces of a
foreign country on assignment in the United States can temporarily
import a nonconforming vehicle for personal use during the member's
tour of duty under Box 12 on the HS-7 Declaration form. In 2010, a
total of 116 vehicles were imported under Box 12. In 2011, 121 such
vehicles were imported. In 2012, 49 were imported. Averaging these
figures, the agency projects that roughly 95 vehicles will be imported
under Box 12 in each of the next three years. Assuming that volume, the
hour burden associated with the completion of the HS-7 Declaration form
for these vehicles will be under 8 hours (0.08333 hours to complete
each HS-7 x 95 vehicles = 7.91 hours).
n. Importation of vehicles to prepare import eligibility petitions
under Box 13: A nonconforming vehicle imported by an RI for the purpose
of preparing a petition for NHTSA to decide that a particular make,
model, and model year vehicle is eligible for importation is entered
under Box 13 on the HS-7 Declaration form. A letter from NHTSA granting
the importer permission to import the vehicle for that purpose must be
filed with the declaration. NHTSA has issued guidance to inform RIs
that it will permit no more than two vehicles to be imported for the
purpose of preparing an import eligibility petition. Box 13 was
incorporated into the HS-7 Declaration form when that form was last
revised in May, 2006. The agency received requests to permit the
importation of 18 vehicles under Box 13 in 2010, 12 in 2011, and 21 in
2012. As previously noted, the agency projects that roughly 13 import
eligibility petitions will be submitted in each of the next three
years. The agency permits an RI to import up to two vehicles for the
purpose of preparing an import eligibility petition. Assuming that each
petitioning RI imports two vehicles, the agency estimates that it will
receive up to 26 requests per year for letters permitting those
vehicles to be imported under Box 13. Estimating that it will take five
minutes to complete each of those requests, the hour burden associated
with this activity will be roughly 1 hour (0.08333 hours to complete
each request x 26 vehicles = 1.083299 hours).
2. Information collected from applicants for RI status and existing
RIs seeking to renew their registrations: Under 49 U.S.C. 30141, a
motor vehicle that was not originally manufactured to comply with all
applicable FMVSS cannot be lawfully imported into the United States on
a permanent basis unless (1) NHTSA decides it is eligible for
importation, based on its capability of being modified to conform to
all applicable FMVSS and (2) it is imported by an RI or by a person who
has a contract with an RI to modify the vehicle so that it complies
with all applicable FMVSS following importation. NHTSA is authorized by
49 U.S.C. 30141(c) to establish, by regulation, procedures for
registering RIs. Those regulations are found in 49 CFR part 592.
a. Information collected from applicants: Under the terms of the
regulations in part 592, an applicant for RI status must submit to the
agency information that identifies the applicant, specifies the manner
in which the applicant's business is organized (i.e., sole
proprietorship, partnership, or corporation), and, depending on the
form of organization, identifies the principals of the business. The
application must also state that the applicant has never had a
registration revoked and identify any principal previously affiliated
with another RI. The application must also provide the street address
and telephone number in the United States of each facility for the
conformance, storage, and repair of vehicles that the applicant will
use to fulfill its duties as an RI, including records maintenance, and
the street address in the United States that it designates as its
mailing address. The applicant must also furnish a business license or
other similar document issued by a State or local authority authorizing
it to do business as an importer, seller, or modifier of motor
vehicles, or a statement that it has made a bona fide inquiry and is
not required by any State or local authority to maintain such a
license. The application must also set forth sufficient information to
allow the Administrator to conclude that the applicant (1) is
technically able to modify nonconforming vehicles to conform to
applicable Federal motor vehicle safety and bumper standards, (2) owns
or leases one or more facilities sufficient in nature and size to
repair, conform, and store the vehicles for which it furnishes
statements of conformity to NHTSA, (3) is financially and technically
able to provide notification of and a remedy for a noncompliance with
an FMVSS or a defect related to motor vehicle safety determined to
exist in the vehicles it imports, and (4) is able to acquire and
maintain information on the vehicles that it imports and the owners of
those vehicles so that it can notify the owners if a safety-related
defect or noncompliance is determined to exist in such vehicles. The
application must also contain a statement that the applicant will abide
by the duties of an RI and attest to the truthfulness and correctness
of the information provided in the application. A brochure containing
sample documents that an applicant may use in applying to become an RI
is posted to the agency's Web site at www.nhtsa.gov/cars/rules/import.
In 2010, NHTSA received 1 application for RI status. In 2011, the
agency received 4 applications of this kind. In 2012, the agency
received 2. Based on these figures, the agency anticipates that it will
receive 2 applications for RI status in each of the next three years.
Assuming that it will
[[Page 49331]]
take up to ten hours to compile and assemble the material needed to
support a single application, the agency estimates that 20 hours will
be expended in this activity for each of the next three years (2
applications x 10 hours = 20 hours).
b. Information collected from existing RIs: To maintain its
registration, an RI must file an annual statement affirming that all
information it has on file with the agency remains correct and that it
continues to comply with the requirements for being an RI. Formats that
existing RIs may use to renew their registrations are included in a
newsletter sent electronically to each RI before the renewal is due and
posted to the agency's Web site at www.nhtsa.gov/cars/rules/import. The
number of RI renewals declined in recent years on account of the
weakening of the U.S. dollar against the Canadian dollar, and the
concomitant reduction in the volume of vehicles imported from Canada.
In 2010, NHTSA received renewal packages from 66 RIs. In 2011, the
agency received 65 renewal packages. In 2012, the agency received 65.
Based on these figures, the agency anticipates that it will receive an
average of 65 renewal packages in each of the next three years.
Assuming that it will take up to two hours to compile and assemble the
material needed to support a single application for renewal, the agency
estimates that 130 hours will be expended in this activity for each of
the next three years (65 renewal applications x 2 hours = 130 hours).
3. Information to be retained by RIs: The agency's regulations at
49 CFR 592.6(b) require an RI to maintain and retain certain specified
records for each motor vehicle for which it furnishes a certificate of
conformity to NHTSA, for a period of 10 years from the vehicle's date
of entry. As described in the regulations, those records must consist
of ``correspondence and other documents relating to the importation,
modification, and substantiation of certification of conformity to the
Administrator.'' The regulations further specify that the records to be
retained must include (1) a copy of the HS-7 Declaration Form furnished
for the vehicle at the time of importation, (2) all vehicle or
equipment purchase or sales orders or agreements, conformance
agreements with importers other than RIs, and correspondence between
the RI and the owner or purchaser of each vehicle for which the RI
furnishes a certificate of conformity to NHTSA, (3) the last known name
and address of the owner or purchaser of each vehicle for which the RI
furnishes a certificate of conformity, and the vehicle identification
number (VIN) of the vehicle, and (4) records, both photographic and
documentary, reflecting the modifications made by the RI, which were
submitted to NHTSA to obtain release of the conformance bond furnished
for the vehicle at the time of importation. See 49 CFR 592.6(b)(1)
through (b)(4).
The latter records are referred to as a ``conformity package.''
Most conformity packages submitted to the agency covering vehicles
imported from Canada are comprised of approximately six sheets of paper
(including a check-off sheet identifying the vehicle and the standards
that it was originally manufactured to conform to and those that it was
modified to conform to, a statement identifying the recall history of
the vehicle, a copy of the HS-474 conformance bond covering the
vehicle, and a copy of the mandatory service insurance policy obtained
by the RI to cover its recall obligations for the vehicle). In
addition, most conformity packages include photographs of the vehicle,
components that were modified or replaced to conform the vehicle to
applicable standards, and the certification labels affixed to the
vehicle.
Approximately 120 conformity packages can be stored in a cubic foot
of space. Based on projected imports of 23,627 nonconforming vehicles
per year, 196.79 cubic feet of space will be needed on an industry-wide
basis to store one year's worth of conformity packages. Assuming an
annual cost of $20 per cubic foot to store the information, NHTSA
estimates the aggregate cost to industry for storing a year's worth of
conformity packages to be $3,936 per year. Over a ten-year retention
period, a member of the industry would be required to retain 55 annual
units of records (assuming that one annual unit was stored in the first
year, two annual units in the second year, and so on). The aggregate
cost to industry of the ten-year record retention requirement will
therefore be $216,480 (55 x $3,936 = $216,480).
RIs are also required under 49 CFR 592.6(b) to retain a copy of the
HS-7 Declaration Form furnished to Customs at the time of entry for
each nonconforming vehicle for which they submit a conformity package
to NHTSA. Paper HS-7 Declaration Forms are only filed for a small
fraction of the nonconforming vehicles imported into the United States.
Customs brokers file entries for most nonconforming vehicles
electronically by using the Automated Broker Interface (ABI) system.
For example, in Calendar year 2010, 17,645 ABI entries were made for
nonconforming vehicles imported into the United States under Box 3, and
only 365 paper HS-7 Declaration Forms (representing just two percent of
the total) were filed for such vehicles. Because HS-7 Declaration Forms
are filed for only a small fraction of the nonconforming vehicles that
are imported by RIs, the storage requirement for those records can have
no more than a negligible cost impact on the industry. Because the
remaining records that RIs are required to retain under 49 CFR 592.6(b)
may be stored electronically, the costs incident to the storage of
those records should also be negligible.
RIs who conduct recall campaigns to remedy a safety-related defect
or a noncompliance with an FMVSS determined to exist in a vehicle they
import must report the progress of those campaigns to NHTSA. The agency
estimates that it should take each RI that is required to conduct a
safety recall campaign approximately one hour to compile information
for, and prepare each of the two reports it would be required to submit
to the agency detailing the progress of the recall campaign. Since
vehicle manufacturers in most cases include vehicles imported by RIs in
their own recall campaigns, it is likely that very few of these reports
would have to be prepared or submitted by RIs.
Description of the Need for the Information and Proposed Use of the
Information--The information collection detailed above is necessary to
ensure that motor vehicles and items of motor vehicle equipment subject
to the Federal motor vehicle safety, bumper and theft prevention
standards are lawfully imported into the United States. To be lawfully
imported, the vehicle or equipment item must be covered by one of the
boxes on the HS-7 Declaration form and the importer must declare,
subject to penalty for making false statements, that the vehicle or
equipment item is entitled to entry under the conditions specified on
the form, including the provision of any supporting information or
materials that may be required.
NHTSA relies on the information provided by RIs and applicants for
RI status to obtain and renew their registrations so that it can better
ensure that RIs are meeting their obligations under the statutes and
regulations governing the importation of nonconforming vehicles and can
make more informed decisions in conferring RI status on applicants and
in permitting RI status to be retained by those currently holding
registrations. In this manner, those lacking the capability
[[Page 49332]]
to responsibly provide RI services, or who have committed or are
associated with those who have committed past violations of the vehicle
importation laws, can be more readily denied registration as an RI, or
if they already hold such a registration, have that registration
suspended or revoked when circumstances warrant such action.
Description of the Likely Respondents (Including Estimated Number
and Proposed Frequency of Responses to the Collection of Information)--
With regard to the HS-7 Declaration form, likely respondents include
any private individual or commercial entity importing into the United
States a vehicle or item of motor vehicle equipment subject to the
Federal motor vehicle safety standards. It is difficult to estimate,
with reliability, the absolute number of such respondents; however,
that number would include:
The 64 RIs who are currently registered with NHTSA and
import nonconforming vehicles under Boxes 3 and 13;
The roughly 1,837 individuals who import each year
Canadian-certified vehicles for personal use under Box 2B;
The several hundred original manufacturers who import
conforming motor vehicles and equipment items under Box 2A;
nonconforming vehicles or equipment intended for export under Box 4;
nonconforming vehicles and equipment on a temporary basis for purposes
of research, investigations, or other reasons specified under Box 7;
vehicles and equipment requiring further manufacturing operations under
Box 9; and equipment subject to the Theft Prevention Standard under Box
11.
The several hundred dealers, distributors, and individuals
who import off-road vehicles such as dirt bikes and all-terrain
vehicles or ATVs, as well as other vehicles that are not primarily
manufactured for on-road use under Box 8.
The several hundred nonresidents of the United States and
foreign diplomatic and military personnel who temporarily import
nonconforming vehicles for personal use under Boxes 5, 6, and 12.
Estimate of the Total Annual Reporting and Recordkeeping Burden of
the Collection of Information--Adding together the burden hours
detailed above yields a total of 61,882 hours expended on an annual
basis for all paperwork associated with the filing of the HS-7
Declaration form and other aspects of the vehicle importation program.
Estimate of the Total Annual Costs of the Collection of
Information--Other than the cost of the burden hours, the only
additional costs associated with this information collection are those
incident to the storage, for a period of ten years, of records
pertaining to the nonconforming vehicles that each RI imports into the
United States.
Authority: 44 U.S.C. 3506(c); delegation of authority at 49 CFR
1.50 and 501.8(f).
Issued on: August 6, 2013.
Jeffrey Giuseppe,
Chief, Equipment Division, Office of Vehicle Safety Compliance.
[FR Doc. 2013-19492 Filed 8-12-13; 8:45 am]
BILLING CODE 4910-59-P
