Reports, Forms, and Record Keeping Requirements, 49324-49332 [2013-19492]

Download as PDF ehiers on DSK2VPTVN1PROD with NOTICES 49324 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 VerDate Mar<15>2010 15:31 Aug 12, 2013 Jkt 229001 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 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 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 http://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 http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if SUMMARY: E:\FR\FM\13AUN1.SGM 13AUN1 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 http:// DocketInfo.dot.gov. Docket: For access to the docket to read background documents or comments received, go to http:// 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. ehiers on DSK2VPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 15:31 Aug 12, 2013 Jkt 229001 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 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 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. E:\FR\FM\13AUN1.SGM 13AUN1 49326 Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices 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. ehiers on DSK2VPTVN1PROD with NOTICES 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, VerDate Mar<15>2010 15:31 Aug 12, 2013 Jkt 229001 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 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 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, E:\FR\FM\13AUN1.SGM 13AUN1 ehiers on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices 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, VerDate Mar<15>2010 15:31 Aug 12, 2013 Jkt 229001 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 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 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 E:\FR\FM\13AUN1.SGM 13AUN1 49328 Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices ehiers on DSK2VPTVN1PROD with NOTICES 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, VerDate Mar<15>2010 15:31 Aug 12, 2013 Jkt 229001 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 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 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 E:\FR\FM\13AUN1.SGM 13AUN1 ehiers on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices 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 VerDate Mar<15>2010 15:31 Aug 12, 2013 Jkt 229001 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 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 49329 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 E:\FR\FM\13AUN1.SGM 13AUN1 ehiers on DSK2VPTVN1PROD with NOTICES 49330 Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices 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 VerDate Mar<15>2010 15:31 Aug 12, 2013 Jkt 229001 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 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 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 E:\FR\FM\13AUN1.SGM 13AUN1 ehiers on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices 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 VerDate Mar<15>2010 15:31 Aug 12, 2013 Jkt 229001 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 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 49331 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 E:\FR\FM\13AUN1.SGM 13AUN1 ehiers on DSK2VPTVN1PROD with NOTICES 49332 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 E:\FR\FM\13AUN1.SGM 13AUN1

Agencies

[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]


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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.

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SUMMARY: Before a Federal agency can collect certain information from 
the public, it must receive approval from the Office of Management and 
Budget (OMB). Under procedures established by the Paperwork Reduction 
Act of 1995, before seeking OMB approval, Federal agencies must solicit 
public comment on 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 http://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 http://www.regulations.gov, including any personal information provided. 
Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if

[[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 
http://DocketInfo.dot.gov.
    Docket: For access to the docket to read background documents or 
comments received, go to http://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