Reports, Forms, and Recordkeeping Requirements, 27395-27399 [2019-12313]
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Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices
(i.e., non-advanced) air bag, such as
those used in non-US markets. Saleen
found that, in addition to these singlestage systems not being FMVSS No. 208compliant, adapting these single-stage
air bag systems so that they can be
installed in the S1 would take a similar
amount of time as developing a
compliant advanced air bag system, and
thus would not meet Saleen’s start-ofproduction deadline. Third, Saleen
investigated providing a computer
simulation analysis to show that the S1
would ‘‘comply structurally’’ with
several crashworthiness standards,
including FMVSS No. 208.15 However,
Saleen states that this simulation testing
was not scheduled to begin until the
first quarter of 2019.
Public Interest
Saleen states in both petitions that an
exemption would be in the public
interest and consistent with the
objective of the Safety Act because the
development of the S1 provides direct
employment to approximately 30
employees and indirect employment to
over 100 employees. Saleen further
projects that, once production of the S1
starts, the S1 would support numerous
additional jobs relating to the
distribution and sale of the vehicle.
V. Comment Period
NHTSA seeks comment from the
public on the merits of Saleen’s
application for a temporary exemption
from FMVSS No. 126 and the air bag
requirements of FMVSS No. 208. After
considering public comments and other
available information, NHTSA will
publish a notice of final action on the
application in the Federal Register.
(Authority: 49 U.S.C. 30113; delegation of
authority at 49 CFR 1.95.)
Issued under authority delegated in 49 CFR
1.95 and 501.5.
Heidi Renate King,
Deputy Administrator.
[FR Doc. 2019–12332 Filed 6–11–19; 8:45 am]
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BILLING CODE 4910–59–P
15 The petition does not explain what is meant by
‘‘comply structurally.’’
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[U.S. DOT Docket Number NHTSA–2016–
0065]
Reports, Forms, and Recordkeeping
Requirements
National Highway Traffic
Safety Administration (NHTSA), U.S.
Department of Transportation.
ACTION: Request for comment on the
renewal of 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 proposed collections of
information, including extensions and
reinstatement of previously approved
collections. This document describes a
renewal of a collection of information
for which NHTSA intends to seek OMB
approval.
DATES: Comments must be received on
or before August 12, 2019.
ADDRESSES: You may submit comments
using any of the following methods. All
comments must have the applicable
DOT docket number (i.e., NHTSA–
2016–0065) noted conspicuously on
them.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility,
M–30: 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: 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001, between 9
a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
Telephone: 1–800–647–5527.
• Fax: 202–493–2251.
Instructions: All submissions must
include the agency name and docket
number for this proposed collection of
information. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
SUMMARY:
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name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit https://
DocketInfo.dot.gov.
Docket: For access to comments
received, go to https://
www.regulations.gov or the street
address listed above. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: For
further information, or for background
documents, contact Stephen Hench,
Office of Chief Counsel (NCC–0100),
Room W41–229, NHTSA, 1200 New
Jersey Avenue SE, Washington, DC
20590. Telephone: 202–366–2992.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995,
before an agency submits a proposed
collection of information to OMB for
approval, it must first publish a
document in the Federal Register
providing a 60-day comment period and
otherwise consult with members of the
public and affected agencies concerning
each proposed collection of information.
OMB has promulgated regulations
describing what must be included in
such a document. Under OMB’s
regulation, see 5 CFR 1320.8(d), an
agency must ask for public comment on
the following:
(i) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(ii) the accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
(iii) how to enhance the quality,
utility, and clarity of the information to
be collected; and
(iv) how to minimize the burden of
the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
In compliance with these
requirements, NHTSA asks for public
comments on the following collection of
information:
Title: Defect and Noncompliance
Reporting and Notification.
Type of Request: Renewal of a
currently approved information
collection.
OMB Control Number: 2127–0004.
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Affected Public: Businesses or
individuals.
Abstract: This notice requests
comment on NHTSA’s proposed
renewal of an approved collection of
information, designated as OMB No.
2127–0004. This collection covers the
information collection requirements
found within various statutory
provisions of the Motor Vehicle Safety
Act of 1966 (Act), 49 U.S.C. 30101, et
seq., that address and require
manufacturer notifications to NHTSA of
safety-related defects and failures to
comply with Federal Motor Vehicle
Safety Standards (FMVSS) in motor
vehicles and motor vehicle equipment,
as well as the provision of particular
information related to the ensuing
owner and dealer notifications and free
remedy campaigns that follow those
notifications. The sections of the Act
imposing these requirements include 49
U.S.C. 30118, 30119, 30120, and 30166.
Many of these requirements are
implemented through, and addressed
with more specificity in, 49 CFR part
573, Defect and Noncompliance
Responsibility and Reports (Part 573)
and 49 CFR 577, Defect and
Noncompliance Notification (Part 577).
Pursuant to the Act, motor vehicle
and motor vehicle equipment
manufacturers are obligated to notify,
and then provide various information
and documents to, NHTSA in the event
a safety defect or noncompliance with
FMVSS is identified in products they
manufactured. See 49 U.S.C. 30118(b)
and 49 CFR 573.6. Manufacturers are
further required to notify owners,
purchasers, dealers, and distributors
about the safety defect or
noncompliance. See 49 U.S.C. 30118(b),
30120(a); 49 CFR 577.7, 577.13.
Manufacturers are required to provide to
NHTSA copies of communications
pertaining to recall campaigns that they
issue to owners, purchasers, dealers,
and distributors. See 49 U.S.C. 30166(f);
49 CFR 573.6(c)(10).
Manufacturers are also required to file
with NHTSA a plan explaining how
they intend to reimburse owners and
purchasers who paid to have their
products remedied before being notified
of the safety defect or noncompliance,
and explain that plan in the
notifications they issue to owners and
purchasers about the safety defect or
noncompliance. See 49 U.S.C. 30120(d)
and 49 CFR 573.13. Manufacturers are
further required to keep lists of the
respective owners, purchasers, dealers,
distributors, lessors, and lessees of the
products determined to be defective or
noncompliant and involved in a recall
campaign, and are required to provide
NHTSA with a minimum of six
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quarterly reports reporting on the
progress of their recall campaigns. See
49 CFR 573.8 and 573.7, respectively.
The Act and Part 573 also contain
numerous information collection
requirements specific to tire recall and
remedy campaigns. These requirements
relate to the proper disposal of recalled
tires, including a requirement that the
manufacturer conducting the tire recall
submit a plan and provide specific
instructions to certain persons (such as
dealers and distributors) addressing that
disposal, and a requirement that those
persons report back to the manufacturer
certain deviations from the plan. See 49
U.S.C. 30120(d) and 49 CFR 573.6(c)(9).
The regulations also require that
manufacturers report to NHTSA
intentional and knowing sales or leases
of defective or noncompliant tires.
49 U.S.C. 30166(n) and its
implementing regulation found at 49
CFR 573.10 mandate that anyone who
knowingly and willfully sells or leases
for use on a motor vehicle a defective
tire or a tire that is not compliant with
FMVSS, and with actual knowledge that
the tire manufacturer has notified its
dealers of the defect or noncompliance
as required under the Act, is required to
report that sale or lease to NHTSA no
more than five working days after the
person to whom the tire was sold or
leased takes possession of it.
Pursuant to its safety authorities,
NHTSA is continuing its oversight of
recalls of unprecedented complexity
involving Takata air bag inflators.1
Under the Coordinated Remedy Program
established to address this major issue,
and the associated Coordinated Remedy
Order as amended on December 9, 2016
(the ‘‘ACRO’’), manufacturers issue
supplemental owner communications
utilizing non-traditional means.2 In this
notice, NHTSA both addresses
comments,3 and seeks further comment,
on its estimates of the supplemental
recall communications associated with
the Takata recalls.
Estimated Burden: NHTSA previously
estimated an annual burden of 36,070
hours associated with this collection (of
which 456 hours was contemplated for
conducting supplemental recall
communications under administrative
order to achieve completion of the
Takata recalls), $155,450,329 (of which
$27,836,329 is contemplated for
1 See generally ‘‘Takata Recall Spotlight,’’ https://
www.nhtsa.gov/equipment/takata-recall-spotlight.
2 See generally ‘‘Notice of Coordinated Remedy
Program Proceeding for the Replacement of Certain
Takata Air Bag Inflator,’’ available at https://
www.regulations.gov/docket?D=NHTSA-2015-0055.
3 NHTSA previously published a 30-day notice
for this collection on December 22, 2017 (82 FR
60789) on which OMB received comment.
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conducting supplemental recall
communications under administrative
order to achieve completion of the
Takata recalls), and 274 respondents per
year (19 vehicle manufacturers
conducting supplemental recall
communications under administrative
order to achieve completion of the
Takata recalls).4 Our prior estimates of
the burden hours and cost associated
with the requirements currently covered
by this information collection require
adjustment as follows.
Based on current information, we
estimate 249 distinct manufacturers
filing an average of 988 Part 573 Safety
Recall Reports each year. This is a
change from our previous estimate of
963 Part 573 Safety Recall Reports filed
by 274 manufacturers each year. In
addition, with reference to the metric
associated with NHTSA’s Vehicle
Identification Number (VIN) Look-up
Tool regulation, see 49 CFR 573.15, we
continue to estimate it takes the 17
major passenger-vehicle manufacturers
(those that produce more than 25,000
vehicles annually) additional burden
hours to complete these Reports to
NHTSA, as explored in more detail
below. See 82 FR 60789 (December 22,
2017). Between 2015 and 2018, the
major passenger-vehicle manufacturers
conducted an average of 316 recalls
annually.
We continue to estimate that
maintenance of the required owner,
purchaser, dealer, and distributors lists
requires 8 hours a year per
manufacturer. We also continue to
estimate it takes a major passengervehicle manufacturer 40 hours to
complete each notification report to
NHTSA, and it takes all other
manufacturers 4 hours. Accordingly, we
estimate the annual burden hours
related to the reporting to NHTSA of a
safety defect or noncompliance for the
17 major passenger vehiclemanufacturers to be 12,640 hours
annually (316 notices × 40 hours/
report), and that all other manufacturers
require a total of 2,688 hours annually
(672 notices × 4 hours/report) to file
their notices. Thus, the estimated
annual burden hours related to the
reporting to NHTSA of a safety defect or
noncompliance is 17,320 hours (12,640
hours + 2,688 hours) + (249 MFRs × 8
hours to maintain purchaser lists).5
We continue to estimate that an
additional 40 hours will be needed to
account for major passenger-vehicle
manufacturers adding details to Part 573
4 See
82 FR 60789, 60790 (December 22, 2017).
more information about how we derived
these and certain other estimates, please see 81 FR
70269 (October 11, 2016).
5 For
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Safety Recall Reports relating to the
intended schedule for notifying its
dealers and distributors, and tailoring
its notifications to dealers and
distributors in accordance with the
requirements of 49 CFR 577.13. An
additional 2 hours will be needed to
account for this obligation in other
manufacturers’ Safety Recall Reports.
This burden is estimated at 13,984
hours annually (672 notices × 2 hours/
notification) + (316 notices × 40 hours/
notification).
49 U.S.C. 30166(f) requires
manufacturers to provide to the Agency
copies of all communications regarding
defects and noncompliances sent to
owners, purchasers, and dealerships.
Manufacturers must index these
communications by the year, make, and
model of the vehicle as well as provide
a concise summary of the subject of the
communication. We continue to
estimate this burden requires 3 hours for
each vehicle recall for the 17 major
passenger-vehicle manufacturers, and
30 minutes for all other manufacturers
for each vehicle recall. This totals an
estimated 1,284 hours annually (316
recalls × 3 hours for the 17 major
passenger-vehicle manufacturers) + (672
recalls × .5 for all other manufacturers).
In the event a manufacturer supplied
the defective or noncompliant product
to independent dealers through
independent distributors, that
manufacturer is required to include in
its notifications to those distributors an
instruction that the distributors are then
to provide copies of the manufacturer’s
notification of the defect or
noncompliance to all known
distributors or retail outlets further
down the distribution chain within five
working days. See 49 CFR
577.7(c)(2)(iv). As a practical matter,
this requirement would only apply to
equipment manufacturers, since vehicle
manufacturers generally sell and lease
vehicles through a dealer network, and
not through independent distributors.
We believe our previous estimate of 87
equipment recalls per year needs to be
adjusted to 91 equipment recalls per
year to better reflect recent data. We
have estimated the burden associated
with these notifications (identifying
retail outlets, making copies of the
manufacturer’s notice, and mailing) to
be 5 hours per recall campaign.
Assuming an average of 3 distributors
per equipment item, which is a liberal
estimate given that many equipment
manufacturers do not use independent
distributors, the total number of burden
hours associated with this third-party
notification requirement is
approximately 1,365 hours per year (91
recalls × 3 distributors × 5 hours).
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As for the burden linked with a
manufacturer’s preparation of and
notification concerning its
reimbursement for pre-notification
remedies, we continue to estimate that
the preparation of a reimbursement plan
takes approximately 4 hours annually.
We also continue to estimate that an
additional 1.5 hours per year is spent by
the 17 major passenger-vehicle
manufacturers adapting the plan to
particular defect and noncompliance
notifications to NHTSA and adding
tailored language about the plan to a
particular safety recall’s owner
notification letters, while an additional
.5 hours per year is spent on this task
by all other manufacturers. And we
continue to estimate that an additional
12 hours annually is spent
disseminating plan information, for a
total of 4,794 annual burden hours ((249
MFRs × 4 hours to prepare plan) + (316
recalls × 1.5 hours tailoring plan for
each recall) + (672 recalls × .5 hours) +
(249 MFRs × 12 hours to disseminate
plan information)).
The Safety Act and 49 CFR part 573
also contain numerous information
collection requirements specific to tire
recall and remedy campaigns, as well as
a statutory and regulatory reporting
requirement that anyone who
knowingly and intentionally sells or
leases a defective or noncompliant tire
notify NHTSA of that activity.
Manufacturers are required to include
specific information related to tire
disposal in the notifications they
provide NHTSA concerning
identification of a safety defect or
noncompliance with FMVSS in their
tires, as well as in the notifications they
issue to their dealers or other tire outlets
participating in the recall campaign. See
49 CFR 573.6(c)(9). We believe our
previous estimate of 12 tire recalls per
year needs to be adjusted to 11 tire
recalls per year to better reflect recent
data. We continue to estimate that the
inclusion of this additional information
will require an additional two hours of
effort beyond the subtotal above
associated with non-tire recall
campaigns. This additional effort
consists of one hour for the NHTSA
notification and one hour for the dealer
notification for a total of 22 burden
hours (11 tire recalls a year × 2 hours
per recall).
Manufacturer-owned or controlled
dealers are required to notify the
manufacturer and provide certain
information should they deviate from
the manufacturer’s disposal plan.
Consistent with our previous analysis,
we continue to ascribe zero burden
hours to this requirement since to date
no such reports have been provided,
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27397
and our original expectation that dealers
would comply with manufacturers’
plans has proven accurate.
Accordingly, we estimate 22 burden
hours a year will be spent complying
with the tire recall campaign
requirements found in 49 CFR
573.6(c)(9).
The agency continues to estimate 1
burden hour annually will be spent
preparing and submitting reports of a
defective or noncompliant tire being
intentionally sold or leased under 49
U.S.C. 30166(n) and its implementing
regulation at 49 CFR 573.10.
We continue to expect that nine
vehicle manufacturers, who did not
operate VIN-based recalls lookup
systems prior to August 2013, incur
certain recurring burdens on an annual
basis. We continue to estimate that 100
burden hours will be spent on system
and database administrator support.
These 100 burden hours include:
Backup data management and
monitoring; database management,
updates, and log management; and data
transfer, archiving, quality assurance,
and cleanup procedures. We continue to
estimate another 100 burden hours will
be incurred on web/application
developer support. These burdens
include: Operating system and security
patch management; application/web
server management; and application
server system and log files management.
We continue to estimate these burdens
will total 1,800 hours each year (9 MFRs
× 200 hours). We also continue to
estimate the recurring costs of these
burden hours will be $30,000 per
manufacturer.6 Furthermore, we
continue to estimate that the total cost
to the industry from these recurring
expenses will total $270,000, on an
annual basis (9 MFRs × $30,000).
Changes to 49 CFR part 573 in 2013
required 27 manufacturers to update
each recalled vehicle’s repair status no
less than every 7 days, for 15 years from
the date the VIN is known to be
included in the recall. This ongoing
requirement to update the status of a
VIN for 15 years continues to add a
recurring burden on top of the one-time
burden to implement and operate these
online search tools. We continue to
estimate that 8 affected motorcycle
manufacturers will make recalled VINs
available for an average of 2 recalls each
year and 19 affected passenger-vehicle
manufacturers will make recalled VINs
available for an average of 8 recalls each
year. We believe it will take no more
6 $8,000 (for data center hosting for the physical
server) + $12,000 (for system and database
administrator support) + $10,000 (for web/
application developer support) = $30,000.
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than 1 hour, and potentially less with
automated systems, to update the VIN
status of vehicles that have been
remedied under the manufacturer’s
remedy program. We continue to
estimate this will require 8,736 burden
hours per year (1 hour × 2 recalls × 52
weeks × 8 MFRs + 1 hour × 8 recalls ×
52 weeks × 19 MFRs) to support the
requirement to update the recalls
completion status of each VIN in a recall
at least weekly for 15 years.
As the number of Part 573 Recall
Reports has increased in recent years, so
has the number of quarterly reports that
track the completion of safety recalls.
Our previous estimate of 4,498 quarterly
reports received annually is now revised
upwards to 5,512 quarter reports
received annually. We continue to
estimate it takes manufacturers 1 hour
to gather the pertinent information for
each quarterly report, and 10 additional
hours for the 17 major passenger-vehicle
manufacturers to submit electronic
reports. We therefore now estimate that
the quarterly reporting burden pursuant
to Part 573 totals 5,682 hours ((5,512
quarterly reports × 1 hour/report) + (17
MFRs × 10 hours for electronic
submission)).
We continue to estimate a small
burden of 2 hours annually in order to
set up a manufacturer’s online recalls
portal account with the pertinent
contact information and maintaining/
updating their account information as
needed. We estimate this will require a
total of 498 hours annually (2 hours ×
249 MFRs).
We continue to estimate that 20
percent of Part 573 reports will involve
a change or addition regarding recall
components, and that at two hours per
amended report, this totals 396 burden
hours per year (988 recalls × .20 = 193
recalls; 198 × 2 = 396 hours).
As to the requirement that
manufacturers notify NHTSA in the
event of a bankruptcy, we expect this
notification to take an estimated 2 hours
to draft and submit to NHTSA. We
continue to estimate that only 10
manufacturers might submit such a
notice to NHTSA each year, so we
calculate the total burden at 20 hours
(10 MFRs × 2 hours).
We continue to estimate that it takes
the 17 major passenger-vehicle
manufacturers an average of 11 hours to
draft their notification letters, submit
them to NHTSA for review, and then
finalize them for mailing to their
affected owners and purchasers. We also
continue to estimate it takes 8 hours for
all other manufacturers to perform this
task. Accordingly, we estimate that the
49 CFR part 577 requirements result in
8,852 burden hours annually (11 hours
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per recall × 316 recalls per year) + (8
hours per recall × 672 recalls per year).
The burden estimate associated with
the regulation that requires interim
owner notifications within 60 days of
filing a Part 573 Safety Recall Report
must be revised upward. We previously
calculated that about 12 percent of past
recalls require an interim notification
mailing, but recent trends show that 13
percent of recalls require an interim
owner notification mailing. We continue
to estimate the preparation of an interim
notification can take up to 10 hours. We
therefore estimate that 1,250 burden
hours are associated with the 60-day
interim notification requirement (963
recalls × .13 = 125 recalls; 125 recalls
times 10 hours per recall = 1,250 hours).
As for costs associated with notifying
owners and purchasers of recalls, to
reflect an increase in postage rates, we
are revising our estimate of the cost of
first-class mail notification to $1.53 per
notification, on average. This cost
estimate includes the costs of printing
and mailing, as well as the costs vehicle
manufacturers may pay to third-party
vendors to acquire the names and
addresses of the current registered
owners from state and territory
departments of motor vehicles. In
reviewing recent recall figures, we
determined that an estimated 51.4
million letters are mailed yearly totaling
$78,642,000 ($1.53 per letter ×
51,400,000 letters). The requirement in
49 CFR part 577 for a manufacturer to
notify their affected customers within
60 days would add an additional
$10,223,460 (51,400,000 letters × .13
requiring interim owner notifications =
6,682,000 letters; 6,682,000 × $1.53 =
$10,023,000). In total, we estimate that
the current 49 CFR part 577
requirements cost manufacturers a total
of $88,865,460 annually ($78,642,000
for owner notification letters +
$10,223,460 for interim notification
letters = $88,865,460).
As discussed above, to address the
scope and complexity of the Takata
recalls, NHTSA issued the ACRO,
which requires affected vehicle
manufacturers to conduct supplemental
owner notification efforts in
coordination with NHTSA and the
Independent Monitor of Takata. On
December 23, 2016, the Monitor, in
consultation with NHTSA, issued
Coordinated Communications
Recommendations for vehicle owner
outreach (‘‘CCRs’’), which includes a
recommendation that vehicle
manufacturers provide at least one form
of consumer outreach per month for
vehicles in a launched recall campaign
(i.e., a recall where parts are available)
until the vehicle is remedied (unless
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otherwise accounted for as scrapped,
stolen, exported, or otherwise
unreachable under certain procedures in
the ACRO). See CCRs ¶ 1(b); ACRO
¶¶ 45–46. The Monitor also
recommended that manufacturers
utilize at least three non-traditional
means of communication (e.g.,
postcards; email; telephone calls; text
message; social media) as part of their
overall outreach strategy. See CCRs
¶ 1(a). And the Monitor recommended
including certain content in these
communications, including certain
safety-risk information. See id. ¶ 2. If a
vehicle manufacturer does not wish to
follow the Monitor’s recommendations,
the ACRO permits the manufacturer to
propose an alternative communication
strategy to NHTSA and the Monitor.
Two comments were submitted after
the previous publication of the 30-day
notice and request for comment on the
renewal of this information collection.
See NHTSA Docket 2016–0065. One
commenter submitted only a general
comment with no reference to the
substance of the notice. The other
comment, filed by the Alliance of
Automobile Manufacturers and the
Association of Global Automakers
(hereinafter ‘‘A&G’’), responded to
several facets of the notice.
In brief summary, A&G commented
that it believes the investigatory
exception to the Paperwork Reduction
Act (PRA) does not apply to the Takata
Coordinated Remedy Order—
characterizing any relevant investigation
as one against Takata, not the affected
automakers—and that NHTSA should
therefore account for additional cost
burdens under the ACRO beyond the
monthly outreach recommended under
the CCRs. See Comments at 3–4. A&G
further commented that it believes
NHTSA should supplement the record
with the following: additional costburden analysis, because NHTSA’s
estimate ‘‘underappreciates’’ what the
ACRO contemplates; a Part B
submission to account for Independent
Monitor-conducted surveys and other
activities; and additional data on the
‘‘practical utility’’ of supplemental nontraditional outreach. See Comments at
4–6. A&G also commented that it
disagrees with NHTSA’s discounting of
its cost estimates based on recent
vehicle manufacturer settlement
agreements in multi-district litigation
proceedings because the ACRO predates
MDL settlement obligations ‘‘and would
have existed in the absence of the
litigation settlements.’’ Comments at 7.
NHTSA has carefully considered
these comments and recognizes the
challenges involved in the Takata
recalls, particularly with respect to
E:\FR\FM\12JNN1.SGM
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jbell on DSK3GLQ082PROD with NOTICES
Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices
estimating per-VIN outreach costs—
populations change and, with those
changes, the methods necessary and
appropriate to engage those populations
also change. See Comments at 4. Before
modifying the approach to its estimates,
NHTSA would benefit of from the
consideration of any additional
information that may be available, and
would invite further public comment on
such estimates. The Agency also
recognizes and appreciates A&G’s
additional comments and concerns as
described above, and similarly invites
further public comment on the issues
A&G identifies.
To account for the progression of the
recalls since its last notice, NHTSA is
revising its previous estimates
associated with this part of the
collection. NHTSA continues to
estimate a yearly average of 19
manufacturers will be issuing monthly
supplemental communications over the
next three years pursuant to the ACRO
and the CCRs. Manufacturers may
satisfy the CCRs through third-party
vendors (which have been utilized by
many manufacturers), in-house
strategies, or some combination thereof.
NHTSA estimates the cost for
supplemental communications at $2.00
per VIN per month.
The volume of outreach required by
the ACRO and the CCRs (and the costs
associated with that outreach) is a
function of the number of unrepaired
vehicles that are in a launched
campaign and are not otherwise
accounted for as scrapped, stolen,
exported, or otherwise unreachable. The
schedule in Paragraph 35 of the ACRO
delineates the expected remedy
completion rate, by quarter, of vehicles
in a launched remedy campaign.
Utilizing these variables, we now
estimate an initial annualized cost over
the next three years of $203,776,494 per
year, with an annualized discount of
$86,724,071 to account for outreach
conducted pursuant to the MDL
settlement agreements by six vehicle
manufacturers, for a net annualized cost
of $117,052,423. NHTSA continues to
estimate that manufacturers will take an
average of 2 hours each month drafting
or customizing supplemental recall
communications utilizing nontraditional means, submitting them to
NHTSA for review, and finalizing them
to send to affected owners and
purchasers. NHTSA therefore estimates
that 456 burden hours annually are
associated with issuing these
supplemental recall communications:
12 months × 2 hours per month × 19
manufacturers = 456 hours.
Because of the forgoing burden
estimates, we are revising the burden
VerDate Sep<11>2014
17:00 Jun 11, 2019
Jkt 247001
estimate associated with this collection.
The 49 CFR part 573 and 49 CFR part
577 requirements found in today’s
notice will require 64,510 hours each
year. Additionally, manufacturers
impacted by 49 CFR part 573 and 49
CFR part 577 requirements will incur a
recurring annual cost estimated at
$89,135,460 total. The burden estimate
in this collection contemplated for
conducting supplemental recall
communications under administrative
order to achieve completion of the
Takata recalls is 456 hours each year.
Additionally, that administrative order
contemplates impacted manufacturers
incurring an annual cost estimated at
$117,052,423. Therefore, in total, we
estimate the burden associated with this
collection to be 64,966 hours each year,
with a recurring annual cost estimated
at $204,175,423. NHTSA welcomes
further comment and data on these
estimates.
Estimated Number of Respondents—
NHTSA estimates that there will be
approximately 249 manufacturers per
year filing defect or noncompliance
reports and completing the other
information collection responsibilities
associated with those filings. NHTSA
estimates there will be an average of 19
manufacturers each year conducting
supplemental nontraditional monthly
outreach pursuant to administrative
order in an enforcement action
associated with the Takata recall.
Jeffrey Mark Giuseppe,
Associate Administrator for Enforcement.
[FR Doc. 2019–12313 Filed 6–11–19; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Actions
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of one or more persons that have been
placed on OFAC’s Specially Designated
Nationals and Blocked Persons List
based on OFAC’s determination that one
or more applicable legal criteria were
satisfied. All property and interests in
property subject to U.S. jurisdiction of
these persons are blocked, and U.S.
persons are generally prohibited from
engaging in transactions with them.
DATES: See SUPPLEMENTARY INFORMATION
section.
SUMMARY:
PO 00000
Frm 00169
Fmt 4703
Sfmt 4703
27399
FOR FURTHER INFORMATION CONTACT:
OFAC: Associate Director for Global
Targeting, tel.: 202–622–2420; Assistant
Director for Sanctions Compliance &
Evaluation, tel.: 202–622–2490;
Assistant Director for Licensing, tel.:
202–622–2480; or the Department of the
Treasury’s Office of the General
Counsel: Office of the Chief Counsel
(Foreign Assets Control), tel.: 202–622–
2410.
SUPPLEMENTARY INFORMATION:
Electronic Availability
The Specially Designated Nationals
and Blocked Persons List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (www.treas.gov/ofac).
Notice of OFAC Actions
On June 7, 2019, OFAC determined
that the property and interests in
property subject to U.S. jurisdiction of
the following persons are blocked under
the relevant sanctions authorities listed
below.
Entities
1. PERSIAN GULF PETROCHEMICAL
INDUSTRY CO. (a.k.a. PERSIAN GULF
PETROCHEMICAL INDUSTRIES; a.k.a.
PERSIAN GULF PETROCHEMICAL
INDUSTRIES CO. PLC; a.k.a. PERSIAN GULF
PETROCHEMICAL INDUSTRY; a.k.a.
PERSIAN GULF PETROCHEMICAL
INDUSTRY COMPANY; a.k.a. PGPIC), No.
38, Avenue Karim Khan Zand Blvd., Hafte
Tir Square, Tehran 1584893313, Iran; No. 38,
Karim Khan Zand Street, Haft Tir Square,
Tehran 1584851181, Iran; website
www.pgpic.ir; Additional Sanctions
Information—Subject to Secondary
Sanctions; Business Registration Number
89243 (Iran) [NPWMD] [IFSR] (Linked To:
KHATAM OL ANBIA GHARARGAH
SAZANDEGI NOOH).
Designated pursuant to section 1(a)(iii) of
Executive Order 13382 of June 28, 2005,
‘‘Blocking Property of Weapons of Mass
Destruction Proliferators and Their
Supporters’’ (‘‘E.O. 13382’’), for having
provided, or attempted to provide, financial,
material, technological or other support for,
or goods or services in support of, KHATAM
AL–ANBYA, a person whose property and
interests in property are blocked pursuant to
E.O. 13382.
2. ARVAND PETROCHEMICAL
COMPANY, East 9th Floor, Building No. 46,
Karimkhan Zand Boulevard, Near by Ansar
Bank, Hafte-E-Tir Square, Tehran
1584893117, Iran; Site 3, Mahshahr
1584851181, Iran; website www.arvandpvc.ir;
Additional Sanctions Information—Subject
to Secondary Sanctions; Business
Registration Number 6494 (Iran) [NPWMD]
[IFSR] (Linked To: PERSIAN GULF
PETROCHEMICAL INDUSTRY CO.).
Designated pursuant to section 1(a)(iv) of
E.O. 13382, for being owned or controlled by
the PERSIAN GULF PETROCHEMICAL
INDUSTRY CO., a person whose property
E:\FR\FM\12JNN1.SGM
12JNN1
Agencies
[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Pages 27395-27399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12313]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[U.S. DOT Docket Number NHTSA-2016-0065]
Reports, Forms, and Recordkeeping Requirements
AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation.
ACTION: Request for comment on the renewal of collection of
information.
-----------------------------------------------------------------------
SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatement of previously approved collections. This
document describes a renewal of a collection of information for which
NHTSA intends to seek OMB approval.
DATES: Comments must be received on or before August 12, 2019.
ADDRESSES: You may submit comments using any of the following methods.
All comments must have the applicable DOT docket number (i.e., NHTSA-
2016-0065) noted conspicuously on them.
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility, M-30: 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: 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001, between
9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
Telephone: 1-800-647-5527.
Fax: 202-493-2251.
Instructions: All submissions must include the agency name and
docket number for this proposed collection of information. Note that
all comments received will be posted without change to https://www.regulations.gov, including any personal information provided.
Please see the Privacy Act heading below.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit https://DocketInfo.dot.gov.
Docket: For access to comments received, go to https://www.regulations.gov or the street address listed above. Follow the
online instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: For further information, or for
background documents, contact Stephen Hench, Office of Chief Counsel
(NCC-0100), Room W41-229, NHTSA, 1200 New Jersey Avenue SE, Washington,
DC 20590. Telephone: 202-366-2992.
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must first publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. OMB has promulgated regulations describing what must be
included in such a document. Under OMB's regulation, see 5 CFR
1320.8(d), an agency must ask for public comment on the following:
(i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(ii) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
(iii) how to enhance the quality, utility, and clarity of the
information to be collected; and
(iv) how to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
In compliance with these requirements, NHTSA asks for public
comments on the following collection of information:
Title: Defect and Noncompliance Reporting and Notification.
Type of Request: Renewal of a currently approved information
collection.
OMB Control Number: 2127-0004.
[[Page 27396]]
Affected Public: Businesses or individuals.
Abstract: This notice requests comment on NHTSA's proposed renewal
of an approved collection of information, designated as OMB No. 2127-
0004. This collection covers the information collection requirements
found within various statutory provisions of the Motor Vehicle Safety
Act of 1966 (Act), 49 U.S.C. 30101, et seq., that address and require
manufacturer notifications to NHTSA of safety-related defects and
failures to comply with Federal Motor Vehicle Safety Standards (FMVSS)
in motor vehicles and motor vehicle equipment, as well as the provision
of particular information related to the ensuing owner and dealer
notifications and free remedy campaigns that follow those
notifications. The sections of the Act imposing these requirements
include 49 U.S.C. 30118, 30119, 30120, and 30166. Many of these
requirements are implemented through, and addressed with more
specificity in, 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports (Part 573) and 49 CFR 577, Defect and
Noncompliance Notification (Part 577).
Pursuant to the Act, motor vehicle and motor vehicle equipment
manufacturers are obligated to notify, and then provide various
information and documents to, NHTSA in the event a safety defect or
noncompliance with FMVSS is identified in products they manufactured.
See 49 U.S.C. 30118(b) and 49 CFR 573.6. Manufacturers are further
required to notify owners, purchasers, dealers, and distributors about
the safety defect or noncompliance. See 49 U.S.C. 30118(b), 30120(a);
49 CFR 577.7, 577.13. Manufacturers are required to provide to NHTSA
copies of communications pertaining to recall campaigns that they issue
to owners, purchasers, dealers, and distributors. See 49 U.S.C.
30166(f); 49 CFR 573.6(c)(10).
Manufacturers are also required to file with NHTSA a plan
explaining how they intend to reimburse owners and purchasers who paid
to have their products remedied before being notified of the safety
defect or noncompliance, and explain that plan in the notifications
they issue to owners and purchasers about the safety defect or
noncompliance. See 49 U.S.C. 30120(d) and 49 CFR 573.13. Manufacturers
are further required to keep lists of the respective owners,
purchasers, dealers, distributors, lessors, and lessees of the products
determined to be defective or noncompliant and involved in a recall
campaign, and are required to provide NHTSA with a minimum of six
quarterly reports reporting on the progress of their recall campaigns.
See 49 CFR 573.8 and 573.7, respectively.
The Act and Part 573 also contain numerous information collection
requirements specific to tire recall and remedy campaigns. These
requirements relate to the proper disposal of recalled tires, including
a requirement that the manufacturer conducting the tire recall submit a
plan and provide specific instructions to certain persons (such as
dealers and distributors) addressing that disposal, and a requirement
that those persons report back to the manufacturer certain deviations
from the plan. See 49 U.S.C. 30120(d) and 49 CFR 573.6(c)(9). The
regulations also require that manufacturers report to NHTSA intentional
and knowing sales or leases of defective or noncompliant tires.
49 U.S.C. 30166(n) and its implementing regulation found at 49 CFR
573.10 mandate that anyone who knowingly and willfully sells or leases
for use on a motor vehicle a defective tire or a tire that is not
compliant with FMVSS, and with actual knowledge that the tire
manufacturer has notified its dealers of the defect or noncompliance as
required under the Act, is required to report that sale or lease to
NHTSA no more than five working days after the person to whom the tire
was sold or leased takes possession of it.
Pursuant to its safety authorities, NHTSA is continuing its
oversight of recalls of unprecedented complexity involving Takata air
bag inflators.\1\ Under the Coordinated Remedy Program established to
address this major issue, and the associated Coordinated Remedy Order
as amended on December 9, 2016 (the ``ACRO''), manufacturers issue
supplemental owner communications utilizing non-traditional means.\2\
In this notice, NHTSA both addresses comments,\3\ and seeks further
comment, on its estimates of the supplemental recall communications
associated with the Takata recalls.
---------------------------------------------------------------------------
\1\ See generally ``Takata Recall Spotlight,'' https://www.nhtsa.gov/equipment/takata-recall-spotlight.
\2\ See generally ``Notice of Coordinated Remedy Program
Proceeding for the Replacement of Certain Takata Air Bag Inflator,''
available at https://www.regulations.gov/docket?D=NHTSA-2015-0055.
\3\ NHTSA previously published a 30-day notice for this
collection on December 22, 2017 (82 FR 60789) on which OMB received
comment.
---------------------------------------------------------------------------
Estimated Burden: NHTSA previously estimated an annual burden of
36,070 hours associated with this collection (of which 456 hours was
contemplated for conducting supplemental recall communications under
administrative order to achieve completion of the Takata recalls),
$155,450,329 (of which $27,836,329 is contemplated for conducting
supplemental recall communications under administrative order to
achieve completion of the Takata recalls), and 274 respondents per year
(19 vehicle manufacturers conducting supplemental recall communications
under administrative order to achieve completion of the Takata
recalls).\4\ Our prior estimates of the burden hours and cost
associated with the requirements currently covered by this information
collection require adjustment as follows.
---------------------------------------------------------------------------
\4\ See 82 FR 60789, 60790 (December 22, 2017).
---------------------------------------------------------------------------
Based on current information, we estimate 249 distinct
manufacturers filing an average of 988 Part 573 Safety Recall Reports
each year. This is a change from our previous estimate of 963 Part 573
Safety Recall Reports filed by 274 manufacturers each year. In
addition, with reference to the metric associated with NHTSA's Vehicle
Identification Number (VIN) Look-up Tool regulation, see 49 CFR 573.15,
we continue to estimate it takes the 17 major passenger-vehicle
manufacturers (those that produce more than 25,000 vehicles annually)
additional burden hours to complete these Reports to NHTSA, as explored
in more detail below. See 82 FR 60789 (December 22, 2017). Between 2015
and 2018, the major passenger-vehicle manufacturers conducted an
average of 316 recalls annually.
We continue to estimate that maintenance of the required owner,
purchaser, dealer, and distributors lists requires 8 hours a year per
manufacturer. We also continue to estimate it takes a major passenger-
vehicle manufacturer 40 hours to complete each notification report to
NHTSA, and it takes all other manufacturers 4 hours. Accordingly, we
estimate the annual burden hours related to the reporting to NHTSA of a
safety defect or noncompliance for the 17 major passenger vehicle-
manufacturers to be 12,640 hours annually (316 notices x 40 hours/
report), and that all other manufacturers require a total of 2,688
hours annually (672 notices x 4 hours/report) to file their notices.
Thus, the estimated annual burden hours related to the reporting to
NHTSA of a safety defect or noncompliance is 17,320 hours (12,640 hours
+ 2,688 hours) + (249 MFRs x 8 hours to maintain purchaser lists).\5\
---------------------------------------------------------------------------
\5\ For more information about how we derived these and certain
other estimates, please see 81 FR 70269 (October 11, 2016).
---------------------------------------------------------------------------
We continue to estimate that an additional 40 hours will be needed
to account for major passenger-vehicle manufacturers adding details to
Part 573
[[Page 27397]]
Safety Recall Reports relating to the intended schedule for notifying
its dealers and distributors, and tailoring its notifications to
dealers and distributors in accordance with the requirements of 49 CFR
577.13. An additional 2 hours will be needed to account for this
obligation in other manufacturers' Safety Recall Reports. This burden
is estimated at 13,984 hours annually (672 notices x 2 hours/
notification) + (316 notices x 40 hours/notification).
49 U.S.C. 30166(f) requires manufacturers to provide to the Agency
copies of all communications regarding defects and noncompliances sent
to owners, purchasers, and dealerships. Manufacturers must index these
communications by the year, make, and model of the vehicle as well as
provide a concise summary of the subject of the communication. We
continue to estimate this burden requires 3 hours for each vehicle
recall for the 17 major passenger-vehicle manufacturers, and 30 minutes
for all other manufacturers for each vehicle recall. This totals an
estimated 1,284 hours annually (316 recalls x 3 hours for the 17 major
passenger-vehicle manufacturers) + (672 recalls x .5 for all other
manufacturers).
In the event a manufacturer supplied the defective or noncompliant
product to independent dealers through independent distributors, that
manufacturer is required to include in its notifications to those
distributors an instruction that the distributors are then to provide
copies of the manufacturer's notification of the defect or
noncompliance to all known distributors or retail outlets further down
the distribution chain within five working days. See 49 CFR
577.7(c)(2)(iv). As a practical matter, this requirement would only
apply to equipment manufacturers, since vehicle manufacturers generally
sell and lease vehicles through a dealer network, and not through
independent distributors. We believe our previous estimate of 87
equipment recalls per year needs to be adjusted to 91 equipment recalls
per year to better reflect recent data. We have estimated the burden
associated with these notifications (identifying retail outlets, making
copies of the manufacturer's notice, and mailing) to be 5 hours per
recall campaign. Assuming an average of 3 distributors per equipment
item, which is a liberal estimate given that many equipment
manufacturers do not use independent distributors, the total number of
burden hours associated with this third-party notification requirement
is approximately 1,365 hours per year (91 recalls x 3 distributors x 5
hours).
As for the burden linked with a manufacturer's preparation of and
notification concerning its reimbursement for pre-notification
remedies, we continue to estimate that the preparation of a
reimbursement plan takes approximately 4 hours annually. We also
continue to estimate that an additional 1.5 hours per year is spent by
the 17 major passenger-vehicle manufacturers adapting the plan to
particular defect and noncompliance notifications to NHTSA and adding
tailored language about the plan to a particular safety recall's owner
notification letters, while an additional .5 hours per year is spent on
this task by all other manufacturers. And we continue to estimate that
an additional 12 hours annually is spent disseminating plan
information, for a total of 4,794 annual burden hours ((249 MFRs x 4
hours to prepare plan) + (316 recalls x 1.5 hours tailoring plan for
each recall) + (672 recalls x .5 hours) + (249 MFRs x 12 hours to
disseminate plan information)).
The Safety Act and 49 CFR part 573 also contain numerous
information collection requirements specific to tire recall and remedy
campaigns, as well as a statutory and regulatory reporting requirement
that anyone who knowingly and intentionally sells or leases a defective
or noncompliant tire notify NHTSA of that activity.
Manufacturers are required to include specific information related
to tire disposal in the notifications they provide NHTSA concerning
identification of a safety defect or noncompliance with FMVSS in their
tires, as well as in the notifications they issue to their dealers or
other tire outlets participating in the recall campaign. See 49 CFR
573.6(c)(9). We believe our previous estimate of 12 tire recalls per
year needs to be adjusted to 11 tire recalls per year to better reflect
recent data. We continue to estimate that the inclusion of this
additional information will require an additional two hours of effort
beyond the subtotal above associated with non-tire recall campaigns.
This additional effort consists of one hour for the NHTSA notification
and one hour for the dealer notification for a total of 22 burden hours
(11 tire recalls a year x 2 hours per recall).
Manufacturer-owned or controlled dealers are required to notify the
manufacturer and provide certain information should they deviate from
the manufacturer's disposal plan. Consistent with our previous
analysis, we continue to ascribe zero burden hours to this requirement
since to date no such reports have been provided, and our original
expectation that dealers would comply with manufacturers' plans has
proven accurate.
Accordingly, we estimate 22 burden hours a year will be spent
complying with the tire recall campaign requirements found in 49 CFR
573.6(c)(9).
The agency continues to estimate 1 burden hour annually will be
spent preparing and submitting reports of a defective or noncompliant
tire being intentionally sold or leased under 49 U.S.C. 30166(n) and
its implementing regulation at 49 CFR 573.10.
We continue to expect that nine vehicle manufacturers, who did not
operate VIN-based recalls lookup systems prior to August 2013, incur
certain recurring burdens on an annual basis. We continue to estimate
that 100 burden hours will be spent on system and database
administrator support. These 100 burden hours include: Backup data
management and monitoring; database management, updates, and log
management; and data transfer, archiving, quality assurance, and
cleanup procedures. We continue to estimate another 100 burden hours
will be incurred on web/application developer support. These burdens
include: Operating system and security patch management; application/
web server management; and application server system and log files
management. We continue to estimate these burdens will total 1,800
hours each year (9 MFRs x 200 hours). We also continue to estimate the
recurring costs of these burden hours will be $30,000 per
manufacturer.\6\ Furthermore, we continue to estimate that the total
cost to the industry from these recurring expenses will total $270,000,
on an annual basis (9 MFRs x $30,000).
---------------------------------------------------------------------------
\6\ $8,000 (for data center hosting for the physical server) +
$12,000 (for system and database administrator support) + $10,000
(for web/application developer support) = $30,000.
---------------------------------------------------------------------------
Changes to 49 CFR part 573 in 2013 required 27 manufacturers to
update each recalled vehicle's repair status no less than every 7 days,
for 15 years from the date the VIN is known to be included in the
recall. This ongoing requirement to update the status of a VIN for 15
years continues to add a recurring burden on top of the one-time burden
to implement and operate these online search tools. We continue to
estimate that 8 affected motorcycle manufacturers will make recalled
VINs available for an average of 2 recalls each year and 19 affected
passenger-vehicle manufacturers will make recalled VINs available for
an average of 8 recalls each year. We believe it will take no more
[[Page 27398]]
than 1 hour, and potentially less with automated systems, to update the
VIN status of vehicles that have been remedied under the manufacturer's
remedy program. We continue to estimate this will require 8,736 burden
hours per year (1 hour x 2 recalls x 52 weeks x 8 MFRs + 1 hour x 8
recalls x 52 weeks x 19 MFRs) to support the requirement to update the
recalls completion status of each VIN in a recall at least weekly for
15 years.
As the number of Part 573 Recall Reports has increased in recent
years, so has the number of quarterly reports that track the completion
of safety recalls. Our previous estimate of 4,498 quarterly reports
received annually is now revised upwards to 5,512 quarter reports
received annually. We continue to estimate it takes manufacturers 1
hour to gather the pertinent information for each quarterly report, and
10 additional hours for the 17 major passenger-vehicle manufacturers to
submit electronic reports. We therefore now estimate that the quarterly
reporting burden pursuant to Part 573 totals 5,682 hours ((5,512
quarterly reports x 1 hour/report) + (17 MFRs x 10 hours for electronic
submission)).
We continue to estimate a small burden of 2 hours annually in order
to set up a manufacturer's online recalls portal account with the
pertinent contact information and maintaining/updating their account
information as needed. We estimate this will require a total of 498
hours annually (2 hours x 249 MFRs).
We continue to estimate that 20 percent of Part 573 reports will
involve a change or addition regarding recall components, and that at
two hours per amended report, this totals 396 burden hours per year
(988 recalls x .20 = 193 recalls; 198 x 2 = 396 hours).
As to the requirement that manufacturers notify NHTSA in the event
of a bankruptcy, we expect this notification to take an estimated 2
hours to draft and submit to NHTSA. We continue to estimate that only
10 manufacturers might submit such a notice to NHTSA each year, so we
calculate the total burden at 20 hours (10 MFRs x 2 hours).
We continue to estimate that it takes the 17 major passenger-
vehicle manufacturers an average of 11 hours to draft their
notification letters, submit them to NHTSA for review, and then
finalize them for mailing to their affected owners and purchasers. We
also continue to estimate it takes 8 hours for all other manufacturers
to perform this task. Accordingly, we estimate that the 49 CFR part 577
requirements result in 8,852 burden hours annually (11 hours per recall
x 316 recalls per year) + (8 hours per recall x 672 recalls per year).
The burden estimate associated with the regulation that requires
interim owner notifications within 60 days of filing a Part 573 Safety
Recall Report must be revised upward. We previously calculated that
about 12 percent of past recalls require an interim notification
mailing, but recent trends show that 13 percent of recalls require an
interim owner notification mailing. We continue to estimate the
preparation of an interim notification can take up to 10 hours. We
therefore estimate that 1,250 burden hours are associated with the 60-
day interim notification requirement (963 recalls x .13 = 125 recalls;
125 recalls times 10 hours per recall = 1,250 hours).
As for costs associated with notifying owners and purchasers of
recalls, to reflect an increase in postage rates, we are revising our
estimate of the cost of first-class mail notification to $1.53 per
notification, on average. This cost estimate includes the costs of
printing and mailing, as well as the costs vehicle manufacturers may
pay to third-party vendors to acquire the names and addresses of the
current registered owners from state and territory departments of motor
vehicles. In reviewing recent recall figures, we determined that an
estimated 51.4 million letters are mailed yearly totaling $78,642,000
($1.53 per letter x 51,400,000 letters). The requirement in 49 CFR part
577 for a manufacturer to notify their affected customers within 60
days would add an additional $10,223,460 (51,400,000 letters x .13
requiring interim owner notifications = 6,682,000 letters; 6,682,000 x
$1.53 = $10,023,000). In total, we estimate that the current 49 CFR
part 577 requirements cost manufacturers a total of $88,865,460
annually ($78,642,000 for owner notification letters + $10,223,460 for
interim notification letters = $88,865,460).
As discussed above, to address the scope and complexity of the
Takata recalls, NHTSA issued the ACRO, which requires affected vehicle
manufacturers to conduct supplemental owner notification efforts in
coordination with NHTSA and the Independent Monitor of Takata. On
December 23, 2016, the Monitor, in consultation with NHTSA, issued
Coordinated Communications Recommendations for vehicle owner outreach
(``CCRs''), which includes a recommendation that vehicle manufacturers
provide at least one form of consumer outreach per month for vehicles
in a launched recall campaign (i.e., a recall where parts are
available) until the vehicle is remedied (unless otherwise accounted
for as scrapped, stolen, exported, or otherwise unreachable under
certain procedures in the ACRO). See CCRs ] 1(b); ACRO ]] 45-46. The
Monitor also recommended that manufacturers utilize at least three non-
traditional means of communication (e.g., postcards; email; telephone
calls; text message; social media) as part of their overall outreach
strategy. See CCRs ] 1(a). And the Monitor recommended including
certain content in these communications, including certain safety-risk
information. See id. ] 2. If a vehicle manufacturer does not wish to
follow the Monitor's recommendations, the ACRO permits the manufacturer
to propose an alternative communication strategy to NHTSA and the
Monitor.
Two comments were submitted after the previous publication of the
30-day notice and request for comment on the renewal of this
information collection. See NHTSA Docket 2016-0065. One commenter
submitted only a general comment with no reference to the substance of
the notice. The other comment, filed by the Alliance of Automobile
Manufacturers and the Association of Global Automakers (hereinafter
``A&G''), responded to several facets of the notice.
In brief summary, A&G commented that it believes the investigatory
exception to the Paperwork Reduction Act (PRA) does not apply to the
Takata Coordinated Remedy Order--characterizing any relevant
investigation as one against Takata, not the affected automakers--and
that NHTSA should therefore account for additional cost burdens under
the ACRO beyond the monthly outreach recommended under the CCRs. See
Comments at 3-4. A&G further commented that it believes NHTSA should
supplement the record with the following: additional cost-burden
analysis, because NHTSA's estimate ``underappreciates'' what the ACRO
contemplates; a Part B submission to account for Independent Monitor-
conducted surveys and other activities; and additional data on the
``practical utility'' of supplemental non-traditional outreach. See
Comments at 4-6. A&G also commented that it disagrees with NHTSA's
discounting of its cost estimates based on recent vehicle manufacturer
settlement agreements in multi-district litigation proceedings because
the ACRO predates MDL settlement obligations ``and would have existed
in the absence of the litigation settlements.'' Comments at 7.
NHTSA has carefully considered these comments and recognizes the
challenges involved in the Takata recalls, particularly with respect to
[[Page 27399]]
estimating per-VIN outreach costs-- populations change and, with those
changes, the methods necessary and appropriate to engage those
populations also change. See Comments at 4. Before modifying the
approach to its estimates, NHTSA would benefit of from the
consideration of any additional information that may be available, and
would invite further public comment on such estimates. The Agency also
recognizes and appreciates A&G's additional comments and concerns as
described above, and similarly invites further public comment on the
issues A&G identifies.
To account for the progression of the recalls since its last
notice, NHTSA is revising its previous estimates associated with this
part of the collection. NHTSA continues to estimate a yearly average of
19 manufacturers will be issuing monthly supplemental communications
over the next three years pursuant to the ACRO and the CCRs.
Manufacturers may satisfy the CCRs through third-party vendors (which
have been utilized by many manufacturers), in-house strategies, or some
combination thereof. NHTSA estimates the cost for supplemental
communications at $2.00 per VIN per month.
The volume of outreach required by the ACRO and the CCRs (and the
costs associated with that outreach) is a function of the number of
unrepaired vehicles that are in a launched campaign and are not
otherwise accounted for as scrapped, stolen, exported, or otherwise
unreachable. The schedule in Paragraph 35 of the ACRO delineates the
expected remedy completion rate, by quarter, of vehicles in a launched
remedy campaign.
Utilizing these variables, we now estimate an initial annualized
cost over the next three years of $203,776,494 per year, with an
annualized discount of $86,724,071 to account for outreach conducted
pursuant to the MDL settlement agreements by six vehicle manufacturers,
for a net annualized cost of $117,052,423. NHTSA continues to estimate
that manufacturers will take an average of 2 hours each month drafting
or customizing supplemental recall communications utilizing non-
traditional means, submitting them to NHTSA for review, and finalizing
them to send to affected owners and purchasers. NHTSA therefore
estimates that 456 burden hours annually are associated with issuing
these supplemental recall communications: 12 months x 2 hours per month
x 19 manufacturers = 456 hours.
Because of the forgoing burden estimates, we are revising the
burden estimate associated with this collection. The 49 CFR part 573
and 49 CFR part 577 requirements found in today's notice will require
64,510 hours each year. Additionally, manufacturers impacted by 49 CFR
part 573 and 49 CFR part 577 requirements will incur a recurring annual
cost estimated at $89,135,460 total. The burden estimate in this
collection contemplated for conducting supplemental recall
communications under administrative order to achieve completion of the
Takata recalls is 456 hours each year. Additionally, that
administrative order contemplates impacted manufacturers incurring an
annual cost estimated at $117,052,423. Therefore, in total, we estimate
the burden associated with this collection to be 64,966 hours each
year, with a recurring annual cost estimated at $204,175,423. NHTSA
welcomes further comment and data on these estimates.
Estimated Number of Respondents--
NHTSA estimates that there will be approximately 249 manufacturers
per year filing defect or noncompliance reports and completing the
other information collection responsibilities associated with those
filings. NHTSA estimates there will be an average of 19 manufacturers
each year conducting supplemental nontraditional monthly outreach
pursuant to administrative order in an enforcement action associated
with the Takata recall.
Jeffrey Mark Giuseppe,
Associate Administrator for Enforcement.
[FR Doc. 2019-12313 Filed 6-11-19; 8:45 am]
BILLING CODE 4910-59-P