Record Retention Requirement, 66629-66633 [2024-18112]

Download as PDF Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations (3) DOL-owned or DOL-leased furniture with an acquisition unit cost above $10,000. Items with an acquisition unit cost less than $10,000 are not applicable. ‘‘Sensitive Items’’ are defined as items, regardless of value, that have appeal to others and may therefore be subject to theft or to security concerns, or that are considered mission critical. The following are considered sensitive items, as well as any other items identified as sensitive by the Contracting Officer’s Representative (COR): (1) Desktops and Laptops, including docking stations and connectable monitors. (2) PDAs/iPads/SurfacePros/Tablets. (3) Printers and Copiers. (4) Software Licenses, including media. (5) Mobile Devices. (6) Firearms. (7) Communication Equipment (e.g. telephone base and handsets, mobile radio equipment, etc.). (8) Conference/Audio-Visual Equipment. (9) Power/Specialty Tools (e.g. lab equipment, postage meters, etc.). (B) Requirements The contractor shall submit a DOL Asset Report at time of delivery for both Accountable Property and Sensitive Items. The DOL Asset Report shall be delivered electronically to the COR. DOL Asset Reports shall include Accountable Property and Sensitive Items that have been delivered. The report shall be formatted as an Office Open XML Spreadsheet (.XLSX) document, and adhere to following DOL Asset Report Requirements: (a) Award/Purchase Number. The award number issued by the Government. (b) Date Shipped. The date the item was shipped to the Government. (c) Asset Type. The contract Line-Item Description. (d) Manufacturer. The manufacturer of the item. (e) Model. The model (name and/or number) of the item. (f) Serial Number. The serial number of the item. (g) DOL Asset Number. The number of the barcode applied before shipping (if barcoding is required by the award). (h) Government Shipping Street Address. The shipping street address of where the item was delivered. (i) Warrantied Item. Indicates whether an item is warrantied (Y or N). (j) Warranty Time frame. The start and end date of the warranty (if applicable). (k) Cost. Acquisition cost per unit and total cost of purchase. (End of Clause) lotter on DSK11XQN23PROD with RULES1 PARTS 2953–2999 [RESERVED] Signed this 30 day of July, 2024. Carolyn Angus-Hornbuckle, Assistant Secretary for Administration and Management. [FR Doc. 2024–17141 Filed 8–15–24; 8:45 am] BILLING CODE 4510–04–P VerDate Sep<11>2014 16:32 Aug 15, 2024 Jkt 262001 66629 DEPARTMENT OF TRANSPORTATION IV. The Final Rule V. Regulatory Analyses and Notices National Highway Traffic Safety Administration I. Executive Summary The FAST Act was signed into law on December 4, 2015. Public Law 114–94. Section 24403 of the FAST Act directs the Secretary of Transportation to increase the amount of time manufacturers of motor vehicles, child restraint systems, and tires are required to maintain records that contain information concerning malfunctions that may be related to motor vehicle safety. In the final rule, the Secretary must lengthen the time that manufacturers must maintain these records to not less than 10 years from the date the records were generated or acquired. Public Law 114–94, sec. 24403(a). In May 2019, NHTSA proposed amending its regulation to increase the retention period to 10 years and is now finalizing that proposal. Based on NHTSA’s experience investigating potential defects, overseeing recalls, and our consideration of the comments, we have determined that finalizing the proposed 10-year records retention requirement would help address the agency’s investigative needs while minimizing the burden to manufacturers of motor vehicles and equipment. Thus, this final rule extends the record retention requirement for records required to be maintained under 49 CFR 576.6 to 10 years. NHTSA may consider further extending the retention period in the future. This final rule does not require manufacturers to retain any new information; it merely requires manufacturers to retain information they are already required to retain under 49 CFR part 576 for a longer period of time. This final rule also does not extend the time period that manufacturers of motor vehicles and motor equipment are required to retain records underlying information reported under 49 CFR part 579. In accordance with the FAST Act, the extended time period applies to records in manufacturers’ possession on the effective date of this rule and records generated or acquired in the future. Public Law 114–94, sec. 24403(b). 49 CFR Part 576 [Docket No. NHTSA–2019–0035] RIN 2127–AL81 Record Retention Requirement National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: This rule is being issued pursuant to the Fixing America’s Surface Transportation (FAST) Act, which requires the Secretary of Transportation (Secretary) to extend the period of time manufacturers of motor vehicles, child restraint systems, and tires must retain records concerning malfunctions that may be related to motor vehicle safety under the National Traffic and Motor Vehicle Safety Act (Safety Act). Section 24403 of the FAST Act directs the Secretary to issue a rule increasing the record retention period to not less than 10 years, instead of 5 years, as presently required under the regulatory provisions. Pursuant to its delegated authority, NHTSA is updating its regulations in accordance with this mandate to extend the time that manufacturers are required to retain certain records that may be related to motor vehicle safety to 10 years. DATES: Effective date: This rule is effective October 15, 2024. Petitions for reconsideration: Petitions for reconsideration of this final rule must be received not later than September 30, 2024. ADDRESSES: Any petitions for reconsideration should refer to the docket number of this document and be submitted to: Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, West Building, Fourth Floor, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Michael Kuppersmith, Trial Attorney, Office of the Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 (telephone: (202) 366–2992). SUPPLEMENTARY INFORMATION: SUMMARY: Table of Contents I. Executive Summary II. Record Retention Requirements Under the Safety Act Prior to the FAST Act III. The Notice of Proposed Rulemaking PO 00000 Frm 00087 Fmt 4700 Sfmt 4700 II. Record Retention Requirements Under the Safety Act Prior to the FAST Act Part 576 requires manufacturers of motor vehicles, child restraint systems, and tires to retain ‘‘all documentary materials, films, tapes, and other information-storing media that contain information concerning malfunctions that may be related to motor vehicle E:\FR\FM\16AUR1.SGM 16AUR1 66630 Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 safety.’’ 49 CFR 576.6; see 49 CFR 576.5(a). These records must be maintained for use in the investigation and disposition of possible defects related to motor vehicle safety or noncompliance with safety standards and associated regulations. 49 CFR 576.2. Manufacturers of motor vehicles, child restraint systems, and tires must currently keep the records required to be maintained by 49 CFR 576.6 for 5 years after they are generated or acquired. 49 CFR 576.5(a). Manufacturers of motor vehicles and all manufacturers of motor vehicle equipment must also keep documents underlying reporting required by 49 CFR part 579 for 5 years after they are generated or acquired. 49 CFR 576.5(b). However, according to 49 CFR 576.5(c), manufacturers of motor vehicles and motor vehicle equipment are not required to keep copies of documents reported to NHTSA as required by 49 CFR parts 573, 577, and 579. No manufacturer is required to keep duplicates according to 49 CFR 576.7. III. The Notice of Proposed Rulemaking In the notice of proposed rulemaking (NPRM), published May 15, 2019,1 NHTSA proposed that manufacturers of motor vehicles, child restraint systems, and tires be required to retain records concerning malfunctions that may be related to motor vehicle safety for 10 years. The NPRM stated that the proposal was based on NHTSA’s experience with the increasing age of motor vehicles and motor vehicle equipment and the importance of records from manufacturers, balanced against the agency’s desire to avoid unnecessarily burdening manufacturers of motor vehicles and motor vehicle equipment. The NPRM stated that it was NHTSA’s belief that a records retention period of 10 years would ensure that manufacturers would preserve records that NHTSA needs to conduct defect investigations without imposing an undue record retention burden on manufacturers. The NPRM requested comment on manufacturers’ current records retention practices; the burden of increasing the records retention period for records required to be maintained by 49 CFR 576.6 to 15, 20, or 25 years; costs that might be associated with storage of electronic records; and the total volume of records retained pursuant to part 576 by a manufacturer. The NPRM noted that while the average age of the vehicle fleet was 11.6 years in 2016,2 a 10-year long records 1 84 2 84 FR 21741. FR 21742. VerDate Sep<11>2014 16:32 Aug 15, 2024 Jkt 262001 retention period is of significant length when compared to records retention periods of similar scope of other operating administrations within the United States Department of Transportation and other federal agencies that regulate motor vehicles and child products.3 The NPRM recognized that, as the length of time that vehicles remain on the road has increased in recent years, the amount of information generated and retained by vehicle manufacturers has also increased. Thus, extending the records retention requirement increases the total volume of information that must be stored. The NPRM also noted that manufacturers of child restraint systems and tires would also be bound by a lengthened retention period in part 576 even though the free remedy period for tires is 5 years and the useful life of tires and child restraint systems is often less than 10 years. The NPRM also discussed the several instances in which NHTSA has declined to extend the records retention period in part 576 to correspond to the free remedy period for recalls in 49 U.S.C. 30120. The NPRM stated that, based on NHTSA’s experience investigating potential defects and overseeing recalls, many manufacturers of motor vehicles and equipment already retain some of the records subject to this rule for periods of time longer than the current 5-year minimum. In response to the NPRM, NHTSA received comments from the U.S. Tire Manufacturers Association (USTMA), the Center for Auto Safety, and the Motor and Equipment Manufacturers Association (MEMA). USTMA stated that it opposed any recordkeeping requirement applicable to tire manufacturers of a period longer than 10 years. USTMA stated that use cases for tires and the typical life span of tire models demonstrates that there is not sufficient justification to extend the records retention requirement longer than 10 years. USTMA further stated that an estimated 80 percent of tires are removed from service on a vehicle within 6 years of manufacture and more than 60 percent of tires are removed from service in fewer than 4 years after their manufacture. USTMA states that while the age of the U.S. vehicle fleet has increased, tire replacement rates have remained static despite improved tire technology because of increases in the total number of vehicle miles 3 Id. (citing Federal Railroad Administration, Federal Motor Carrier Safety Administration, Consumer Product Safety Commission, and Environmental Protection Agency requirements). PO 00000 Frm 00088 Fmt 4700 Sfmt 4700 traveled per year in the U.S. USTMA pointed to prior instances in which NHTSA had found it was not cost beneficial to extend the records retention requirements in part 576 as evidence that it may not be cost beneficial in the current instance to extend the records retention requirements beyond 10 years. The Center for Auto Safety stated that a 10-year period was insufficient to ensure that information relevant to safety defects is preserved for review by NHTSA investigators. The Center for Auto Safety further stated that by limiting the records retention requirements in part 576 to 10 years, NHTSA would be limiting the purview of NHTSA’s Office of Defect Investigation (ODI) for vehicles older than 5 years to the post-design stage. The Center for Auto Safety maintained that this requirement would limit ODI’s ability to investigate design defects. The Center for Auto Safety maintained that often NHTSA’s ability to make a defect determination hinges on evidence of a design or manufacturing defect of which relevant documents may have been produced years before vehicles or equipment is manufactured and sold to the public. Thus, a shorter retention period could limit access to these types of records. The Center for Auto Safety noted that at the time of the NPRM, 44 percent of the 43 active Defect Petitions and Preliminary Evaluations and Engineering Analysis investigations involved vehicles or equipment that began production more than 10 years earlier. The Center for Auto Safety asserted that without knowing motor vehicle and equipment manufacturers’ current records retention practices, NHTSA has no basis for asserting that extending the records retention period beyond 10 years will burden manufacturers because manufacturers are likely already retaining the records. The Center for Auto Safety specifically called on NHTSA to extend the record retention period to a minimum of 20 years to ensure the agency can effectively evaluate safety defects in both new and older vehicles and to support the agency’s recall and enforcement authorities. MEMA’s comments applauded NHTSA for recognizing the differences in record retention burdens between manufacturers of vehicles and those of manufacturers of tires and child restraints. MEMA supported NHTSA’s decision to propose only extending the records retention period in 49 CFR 576.6 as well as the decision not to propose extending retention requirements for manufacturers of motor vehicle equipment other than child E:\FR\FM\16AUR1.SGM 16AUR1 Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 restraints and tires. MEMA also supported the comments of USTMA. The commenters did not provide information on vehicle or equipment manufacturers’ current retention practices or the costs of electronic records storage. IV. The Final Rule After considering all available information, including the comments, NHTSA has decided to adopt the changes to the regulation proposed in the NPRM without modification. In the NPRM the agency stated, that based on its experience investigating potential defects and overseeing recalls, many manufacturers of motor vehicles and equipment currently retain records subject to this rule for periods of time longer than currently required. NHTSA also stated a belief that the cost of electronic storage is low and nothing contained in the comments has led NHTSA to change that view. Thus, this final rule will require manufacturers to maintain records for the minimum 10year period specified in the FAST Act and NHTSA will consider further extending this requirement in the future. NHTSA acknowledges, as mentioned by the Center for Auto Safety, that in many cases manufacturers of motor vehicles and equipment are currently retaining records for their own business purposes for a period of time longer than 10 years. In its investigations, ODI has been able to receive relevant records from the motor vehicle or equipment manufacturer, even in many instances in which the records are far older than those required to be retained. In response to the Center for Auto Safety’s assertion that the age of the vehicles and equipment that are the subject of open investigations and Defect Petitions demonstrate that a 10-year records retention period is insufficient, NHTSA notes that the manufacturers’ general practices of retaining records longer than the required period has enabled the agency to obtain relevant records when necessary. While the burden of extending the records retention requirement in part 576 longer than 10 years may be minimal, the agency has decided that finalizing a 10-year requirement now is appropriate. That action will ensure that records are retained for that longer retention period immediately upon the effective date of this rule and will not foreclose the agency from further consideration of a longer retention period, which could serve as a backstop to ensure that manufacturers continue to retain older records that the agency often considers in its work. NHTSA VerDate Sep<11>2014 16:32 Aug 15, 2024 Jkt 262001 must also consider the burden of extending the records retention requirements in 49 CFR 576.6 to manufacturers of tires and child restraints, which may not retain records for as long as motor vehicle manufacturers. Furthermore, ODI needs records older than 10 years old from child restraint system and tire manufacturers less often than from vehicle manufacturers. Thus, in the future, NHTSA may consider different retention periods tailored to its needs. The Center for Auto Safety further asserted that a records retention period of 10 years will limit ODI’s oversight of manufacturing and design defects. As noted above, it is ODI’s experience that in most cases records are available past the period for which manufacturers are required to keep them. Furthermore, while design and manufacturing records can be helpful to demonstrating the existence of a defect, NHTSA can prove a defect based on performance alone. See 49 U.S.C. 30120(a)(3) (defining ‘‘defect’’ as including a defect in performance); U.S. v. Gen. Motors, 518 F.2d 420, 438 (D.C. Cir. 1975). While we are declining at this time to extend the records retention requirement for records covered by 49 CFR 576.6 for a period longer than 10 years, we do note that the average age of the U.S. on-road vehicle fleet has increased since the NPRM.4 Finalizing the proposed retention period now ensures that manufacturers retain records for the minimum 10-year period, in accordance with the FAST Act mandate. The agency will consider a further extension of the requirement in the future. V. Regulatory Analyses and Notices A. Executive Order (E.O.) 12866, E.O. 13563, E.O. 14094, and DOT Regulatory Policies and Procedures NHTSA has considered the impact of this rulemaking action under E.O. 12866, E.O. 13563, E.O. 14094, and DOT’s regulatory policies and procedures. This final rule is nonsignificant under E.O. 12866 and E.O. 14094 and was not reviewed by the Office of Management and Budget (OMB). It is also not considered ‘‘of special note to the Department’’ under DOT Order 2100.6A, Rulemaking and Guidance Procedures. This rule amends 49 CFR part 576 to require motor vehicle, child restraint 4 The average age of the U.S. light vehicle fleet was 12.6 years in 2024. See Average Age of Vehicles in the US Continues to Rise: 12.6 Years in 2024, According to S&P Mobility (May 22. 2024), available https://www.spglobal.com/mobility/en/ research-analysis/average-age-vehicles-unitedstates-2024.html (last visited June 13, 2024). PO 00000 Frm 00089 Fmt 4700 Sfmt 4700 66631 system, and tire manufacturers to maintain records for a longer period than the currently required 5-year time period. This rule does not require manufacturers to maintain any records they are not already required to maintain, but instead is designed to lengthen the time manufacturers retain certain records. Extending the period of time to 10 years is expected to lead to various unquantifiable benefits such as formalizing manufacturers’ records retention practices and ensuring that, in all instances, records that must be retained under section 576.6 are available in the case of a NHTSA investigation for a minimum of 10 years. Based on NHTSA’s experience conducting investigations and overseeing recalls, NHTSA believes that most manufacturers of motor vehicles subject to this rule already retain records for a longer period than currently specified in part 576. It is NHTSA’s position that those manufacturers of motor vehicles or equipment who do currently retain records for longer than 10 years would be able to adjust their record retention systems in response to this rulemaking with minimal cost. Because we expect any costs, benefits, or savings associated with this rulemaking to be minimal, we have not prepared a separate economic analysis for this rulemaking. B. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., NHTSA has evaluated the effects of this action on small entities. I hereby certify that this final rule would not have a significant impact on a substantial number of small entities. The rule affects manufacturers of motor vehicles, child restraint systems, and tires, a few of which may qualify as small entities. Such manufacturers are expected to have fewer records, because they produce fewer motor vehicles, child restraint systems, and tires than larger manufacturers. Accordingly, the burden imposed on smaller manufacturers to retain these records should be small. Additionally, this rule will merely extend how long manufacturers keep records that they are already required to maintain under current regulations, amounting to a minimal impact on small businesses. Thus, NHTSA believes that the regulation does not impose a significant burden on small manufacturers. C. Executive Order 13132 (Federalism) NHTSA has examined today’s rule pursuant to E.O. 13132 (64 FR 43255, Aug. 10, 1999) and concluded that no additional consultation with states, E:\FR\FM\16AUR1.SGM 16AUR1 66632 Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations local governments, or their representatives is mandated beyond the rulemaking process. The agency has determined that the rulemaking would not have sufficient federalism implications to warrant consultation with state and local officials or the preparation of a federalism summary impact statement. The rule would apply to manufacturers of motor vehicles and motor vehicle equipment and would not have a substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Thus, E.O. 13132 is not implicated and consultation with state and local officials is not required. D. National Environmental Policy Act NHTSA has analyzed this rule for the purposes of the National Environmental Policy Act. The agency has determined that the implementation of this action will not have any significant impact on the quality of the human environment. lotter on DSK11XQN23PROD with RULES1 E. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. NHTSA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule does not meet the criteria in 5 U.S.C. 804(2) to be considered a major rule. F. Paperwork Reduction Act Under the procedures established by the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.), federal agencies must obtain approval from the OMB for each collection of information they conduct, sponsor, or require through regulations. A person is not required to respond to a collection of information by a federal agency unless the collection displays a valid OMB clearance number. In compliance with these requirements, NHTSA is submitting an information collection requestion (ICR) to OMB for modifications to a currently approved information collection titled ‘‘Record Retention—49 CFR part 576’’ (OMB Control No. 2127–0042, Current Expiration Date: 4/30/2026). The final rule amends 49 CFR part 576 to extend the time manufacturers VerDate Sep<11>2014 16:32 Aug 15, 2024 Jkt 262001 must retain certain information, which is considered to be an information collection requirement, as that term is defined by the OMB in 5 CFR part 1320. NHTSA sought comment on this change in the NPRM published on May 15, 2019.5 NHTSA’s responses to the comments are discussed in section III above. As discussed, NHTSA is adopting the proposal without modification. In accordance with the requirements of the PRA, NHTSA is resubmitting the ICR for this final rule. While NHTSA has not made any substantial modifications to the ICR since publishing the NPRM, NHTSA has revised the estimates for the total burden of this collection due to changes in the number of respondents since the NPRM was issued. NHTSA estimates the total burden of this information collection to be 40,225 hours and $0, which is the same burden estimate provided for the currently approved information collection. NHTSA does not believe the modification will increase burden to manufacturers. However, this estimate is higher than what we estimated in the May 15, 2019 NPRM, in which we as estimated that the burden would be 40,020 hours and $0. The adjustment is a result of an increase in the estimated number of the manufacturers required to maintain the records (an increase of five manufacturers each incurring an estimated 40 burden hours each year and an additional five manufacturers incurring an estimated 1 burden hour each year). NHTSA continues to estimate that there are no additional costs associated with this information collection. In compliance with the requirement at 5 CFR 1320.9(g), NHTSA is providing the following information to potential respondents to the information collections for part 576—Record Retention: Paperwork Reduction Act Statement: A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2127–0042. The information collected is necessary to increase the effectiveness of NHTSA’s investigations into potential safety related defects. The records that are required to be retained per 49 CFR part 576 are used to promptly identify potential safety-related defects in motor vehicles and motor vehicle equipment in the 5 84 PO 00000 FR 21741. Frm 00090 Fmt 4700 Sfmt 4700 United States. When a trend in incidents arising from a potentially safety-related defect is discovered, NHTSA relies on this information, along with other agency data, to determine whether or not to open a formal defect investigation (as authorized by Title 49 U.S.C. Chapter 301—Motor Vehicle Safety). The record retention requirements are mandatory and NHTSA estimates that the annual burden associated with these record retention requirements is approximately 40 hours per manufacturer for vehicle and equipment manufacturers and 1 hour per manufacturer for record retention for death reports. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, National Highway Traffic Safety Administration, 1200 New Jersey Ave. SE, Room W45–205, Washington, DC 20590. G. National Technology Transfer and Advancement Act Under the National Technology Transfer and Advancement Act of 1995 (Pub. L. 104–113), ‘‘all Federal agencies and departments shall use technical standards that are developed or adopted by voluntary consensus standards bodies, using such technical standards as a means to carry out policy objectives or activities determined by the agencies and departments.’’ The amendment in today’s final rule extends the time manufacturers retain records, and does not involve any voluntary consensus standards as it relates to NHTSA or this rulemaking. H. Executive Order 12988 (Civil Justice Reform) With respect to the review of the promulgation of a new regulation, section 3(b) of E.O. 12988, ‘‘Civil Justice Reform’’ (61 FR 4729, Feb. 7, 1996), requires that Executive agencies make every reasonable effort to ensure that the regulation: (1) clearly specifies the preemptive effect; (2) clearly specifies the effect on existing federal law or regulation including all provisions repealed, circumscribed, displaced, impaired, or modified; (3) provides a clear legal standard for affected conduct rather than a general standard, while promoting simplification and burden reduction; (4) clearly specifies the retroactive effect, if any; (5) specifies whether administrative proceedings are to be required before parties may file suit in court; (6) adequately defines key terms; and (7) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. This document is consistent with that requirement. Pursuant to this Order, NHTSA has considered these issues and determined E:\FR\FM\16AUR1.SGM 16AUR1 Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations that this rule does not have any retroactive or preemptive effect. The rule only applies to documents in manufacturers’ possession at the time the rule goes into effect and documents generated or acquired by manufacturers in the future. NHTSA notes further that there is no requirement associated with this rule that individuals submit a petition for reconsideration or pursue other administrative proceeding before they may file suit in court. I. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a federal mandate likely to result in the expenditure by state, local, or tribal governments, in the aggregate, or by the private sector, of more than $100 million annually (adjusted for inflation with base year of 1995). This rule would not result in expenditures by state, local, or tribal governments, in the aggregate, or by the private sector in excess of $100 million annually (adjusted for inflation with base year of 1995). E.O. 13211 (66 FR 28355, May 18, 2001) applies to any rulemaking that: (1) is determined to be economically significant as defined under E.O. 12866, and is likely to have a significantly adverse effect on the supply of, distribution of, or use of energy; or (2) that is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. This rulemaking is not subject to E.O. 13211. K. Regulation Identifier Number The DOT assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda. lotter on DSK11XQN23PROD with RULES1 List of Subjects in 49 CFR Part 576 Motor vehicle safety, Tires, Reporting and recordkeeping requirements. For the reasons discussed in the preamble, NHTSA amends 49 CFR part 576 as follows: PART 576—RECORD RETENTION 1. The authority citation for part 576 is revised to read as follows: ■ 16:32 Aug 15, 2024 2. Amend § 576.5 to revise paragraph (a) to read as follows: ■ § 576.5 Basic requirements. (a) Each manufacturer of motor vehicles, child restraint systems, and tires shall retain, as specified in § 576.7 of this part, all records described in § 576.6 of this part for a period of 10 calendar years from the date on which they were generated or acquired by the manufacturer. * * * * * Issued in Washington, DC, under authority delegated in 49 CFR 1.95 and 501.5. Sophie Shulman, Deputy Administrator. [FR Doc. 2024–18112 Filed 8–15–24; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 240808–0216] J. Executive Order 13211 VerDate Sep<11>2014 Authority: 49 U.S.C. 322(a), 30117, 30120(g), 30141–30147; delegation of authority at 49 CFR 1.95. Jkt 262001 RIN 0648–BM69 Fisheries of the Exclusive Economic Zone Off Alaska; Amendment 113 to the Fishery Management Plan for the Groundfish of the Gulf of Alaska; Central Gulf of Alaska Rockfish Program Adjustments National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues this final rule to implement amendment 113 to the Fishery Management Plan (FMP) for the Groundfish of the Gulf of Alaska (GOA). This final rule modifies specific provisions of the Central Gulf of Alaska (CGOA) Rockfish Program (RP) to change the season start date, remove the catcher vessel (CV) cooperative quota (CQ) cap, and revise the processing and harvesting caps. This final rule is necessary to provide increased flexibility and efficiency and to help ensure the rockfish total allowable catch (TAC) is fully harvested and landed in Kodiak while maintaining the intent of the RP. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the GOA FMP, and other applicable laws. SUMMARY: PO 00000 Frm 00091 Fmt 4700 Sfmt 4700 66633 Effective September 16, 2024. Electronic copies of amendment 113 to the GOA FMP, the Environmental Assessment/Regulatory Impact Review prepared for this action (the analysis), and the Finding of No Significant Impact prepared for this action may be obtained from https:// www.regulations.gov and the NMFS Alaska Region website at https:// www.fisheries.noaa.gov/region/alaska. Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this final rule may be submitted to NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802–1668, Attn: Gretchen Harrington; and to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Joel Kraski, 907–586–7228, joel.kraski@ noaa.gov. DATES: ADDRESSES: This final rule implements amendment 113 to the GOA FMP. A notice of availability (NOA) for amendment 113 was published by NMFS in the Federal Register on April 4, 2024 (89 FR 23535), with public comments invited through June 3, 2024. NMFS published a proposed rule to implement amendment 113 in the Federal Register on May 10, 2024 (89 FR 40449), with public comments invited through June 10, 2024. The Secretary of Commerce approved amendment 113 on June 27, 2024 after considering information from the public and determining that amendment 113 is consistent with the GOA FMP, the Magnuson-Stevens Act, and other applicable laws. NMFS received 3 relevant written comments in response to requests for public comment, that were either directed to the NOA for the FMP amendments, the proposed rule, or both, in association with Secretarial approval of the amendment or the proposed rule. A summary of the comments and NMFS’ responses are provided under the heading Comments and Responses section below. SUPPLEMENTARY INFORMATION: Background The Rockfish Program The RP was developed to enhance resource conservation and improve economic efficiency in the CGOA rockfish fisheries. A detailed description of the RP and its development is provided in the preambles to the proposed and final E:\FR\FM\16AUR1.SGM 16AUR1

Agencies

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Rules and Regulations]
[Pages 66629-66633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18112]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 576

[Docket No. NHTSA-2019-0035]
RIN 2127-AL81


Record Retention Requirement

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This rule is being issued pursuant to the Fixing America's 
Surface Transportation (FAST) Act, which requires the Secretary of 
Transportation (Secretary) to extend the period of time manufacturers 
of motor vehicles, child restraint systems, and tires must retain 
records concerning malfunctions that may be related to motor vehicle 
safety under the National Traffic and Motor Vehicle Safety Act (Safety 
Act). Section 24403 of the FAST Act directs the Secretary to issue a 
rule increasing the record retention period to not less than 10 years, 
instead of 5 years, as presently required under the regulatory 
provisions. Pursuant to its delegated authority, NHTSA is updating its 
regulations in accordance with this mandate to extend the time that 
manufacturers are required to retain certain records that may be 
related to motor vehicle safety to 10 years.

DATES: 
    Effective date: This rule is effective October 15, 2024.
    Petitions for reconsideration: Petitions for reconsideration of 
this final rule must be received not later than September 30, 2024.

ADDRESSES: Any petitions for reconsideration should refer to the docket 
number of this document and be submitted to: Administrator, National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, West 
Building, Fourth Floor, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Michael Kuppersmith, Trial Attorney, 
Office of the Chief Counsel, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 
(telephone: (202) 366-2992).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Record Retention Requirements Under the Safety Act Prior to the 
FAST Act
III. The Notice of Proposed Rulemaking
IV. The Final Rule
V. Regulatory Analyses and Notices

I. Executive Summary

    The FAST Act was signed into law on December 4, 2015. Public Law 
114-94. Section 24403 of the FAST Act directs the Secretary of 
Transportation to increase the amount of time manufacturers of motor 
vehicles, child restraint systems, and tires are required to maintain 
records that contain information concerning malfunctions that may be 
related to motor vehicle safety. In the final rule, the Secretary must 
lengthen the time that manufacturers must maintain these records to not 
less than 10 years from the date the records were generated or 
acquired. Public Law 114-94, sec. 24403(a).
    In May 2019, NHTSA proposed amending its regulation to increase the 
retention period to 10 years and is now finalizing that proposal. Based 
on NHTSA's experience investigating potential defects, overseeing 
recalls, and our consideration of the comments, we have determined that 
finalizing the proposed 10-year records retention requirement would 
help address the agency's investigative needs while minimizing the 
burden to manufacturers of motor vehicles and equipment. Thus, this 
final rule extends the record retention requirement for records 
required to be maintained under 49 CFR 576.6 to 10 years. NHTSA may 
consider further extending the retention period in the future.
    This final rule does not require manufacturers to retain any new 
information; it merely requires manufacturers to retain information 
they are already required to retain under 49 CFR part 576 for a longer 
period of time. This final rule also does not extend the time period 
that manufacturers of motor vehicles and motor equipment are required 
to retain records underlying information reported under 49 CFR part 
579.
    In accordance with the FAST Act, the extended time period applies 
to records in manufacturers' possession on the effective date of this 
rule and records generated or acquired in the future. Public Law 114-
94, sec. 24403(b).

II. Record Retention Requirements Under the Safety Act Prior to the 
FAST Act

    Part 576 requires manufacturers of motor vehicles, child restraint 
systems, and tires to retain ``all documentary materials, films, tapes, 
and other information-storing media that contain information concerning 
malfunctions that may be related to motor vehicle

[[Page 66630]]

safety.'' 49 CFR 576.6; see 49 CFR 576.5(a). These records must be 
maintained for use in the investigation and disposition of possible 
defects related to motor vehicle safety or noncompliance with safety 
standards and associated regulations. 49 CFR 576.2. Manufacturers of 
motor vehicles, child restraint systems, and tires must currently keep 
the records required to be maintained by 49 CFR 576.6 for 5 years after 
they are generated or acquired. 49 CFR 576.5(a). Manufacturers of motor 
vehicles and all manufacturers of motor vehicle equipment must also 
keep documents underlying reporting required by 49 CFR part 579 for 5 
years after they are generated or acquired. 49 CFR 576.5(b). However, 
according to 49 CFR 576.5(c), manufacturers of motor vehicles and motor 
vehicle equipment are not required to keep copies of documents reported 
to NHTSA as required by 49 CFR parts 573, 577, and 579. No manufacturer 
is required to keep duplicates according to 49 CFR 576.7.

III. The Notice of Proposed Rulemaking

    In the notice of proposed rulemaking (NPRM), published May 15, 
2019,\1\ NHTSA proposed that manufacturers of motor vehicles, child 
restraint systems, and tires be required to retain records concerning 
malfunctions that may be related to motor vehicle safety for 10 years. 
The NPRM stated that the proposal was based on NHTSA's experience with 
the increasing age of motor vehicles and motor vehicle equipment and 
the importance of records from manufacturers, balanced against the 
agency's desire to avoid unnecessarily burdening manufacturers of motor 
vehicles and motor vehicle equipment. The NPRM stated that it was 
NHTSA's belief that a records retention period of 10 years would ensure 
that manufacturers would preserve records that NHTSA needs to conduct 
defect investigations without imposing an undue record retention burden 
on manufacturers.
---------------------------------------------------------------------------

    \1\ 84 FR 21741.
---------------------------------------------------------------------------

    The NPRM requested comment on manufacturers' current records 
retention practices; the burden of increasing the records retention 
period for records required to be maintained by 49 CFR 576.6 to 15, 20, 
or 25 years; costs that might be associated with storage of electronic 
records; and the total volume of records retained pursuant to part 576 
by a manufacturer.
    The NPRM noted that while the average age of the vehicle fleet was 
11.6 years in 2016,\2\ a 10-year long records retention period is of 
significant length when compared to records retention periods of 
similar scope of other operating administrations within the United 
States Department of Transportation and other federal agencies that 
regulate motor vehicles and child products.\3\ The NPRM recognized 
that, as the length of time that vehicles remain on the road has 
increased in recent years, the amount of information generated and 
retained by vehicle manufacturers has also increased. Thus, extending 
the records retention requirement increases the total volume of 
information that must be stored.
---------------------------------------------------------------------------

    \2\ 84 FR 21742.
    \3\ Id. (citing Federal Railroad Administration, Federal Motor 
Carrier Safety Administration, Consumer Product Safety Commission, 
and Environmental Protection Agency requirements).
---------------------------------------------------------------------------

    The NPRM also noted that manufacturers of child restraint systems 
and tires would also be bound by a lengthened retention period in part 
576 even though the free remedy period for tires is 5 years and the 
useful life of tires and child restraint systems is often less than 10 
years.
    The NPRM also discussed the several instances in which NHTSA has 
declined to extend the records retention period in part 576 to 
correspond to the free remedy period for recalls in 49 U.S.C. 30120. 
The NPRM stated that, based on NHTSA's experience investigating 
potential defects and overseeing recalls, many manufacturers of motor 
vehicles and equipment already retain some of the records subject to 
this rule for periods of time longer than the current 5-year minimum.
    In response to the NPRM, NHTSA received comments from the U.S. Tire 
Manufacturers Association (USTMA), the Center for Auto Safety, and the 
Motor and Equipment Manufacturers Association (MEMA).
    USTMA stated that it opposed any recordkeeping requirement 
applicable to tire manufacturers of a period longer than 10 years. 
USTMA stated that use cases for tires and the typical life span of tire 
models demonstrates that there is not sufficient justification to 
extend the records retention requirement longer than 10 years. USTMA 
further stated that an estimated 80 percent of tires are removed from 
service on a vehicle within 6 years of manufacture and more than 60 
percent of tires are removed from service in fewer than 4 years after 
their manufacture. USTMA states that while the age of the U.S. vehicle 
fleet has increased, tire replacement rates have remained static 
despite improved tire technology because of increases in the total 
number of vehicle miles traveled per year in the U.S. USTMA pointed to 
prior instances in which NHTSA had found it was not cost beneficial to 
extend the records retention requirements in part 576 as evidence that 
it may not be cost beneficial in the current instance to extend the 
records retention requirements beyond 10 years.
    The Center for Auto Safety stated that a 10-year period was 
insufficient to ensure that information relevant to safety defects is 
preserved for review by NHTSA investigators. The Center for Auto Safety 
further stated that by limiting the records retention requirements in 
part 576 to 10 years, NHTSA would be limiting the purview of NHTSA's 
Office of Defect Investigation (ODI) for vehicles older than 5 years to 
the post-design stage. The Center for Auto Safety maintained that this 
requirement would limit ODI's ability to investigate design defects. 
The Center for Auto Safety maintained that often NHTSA's ability to 
make a defect determination hinges on evidence of a design or 
manufacturing defect of which relevant documents may have been produced 
years before vehicles or equipment is manufactured and sold to the 
public. Thus, a shorter retention period could limit access to these 
types of records. The Center for Auto Safety noted that at the time of 
the NPRM, 44 percent of the 43 active Defect Petitions and Preliminary 
Evaluations and Engineering Analysis investigations involved vehicles 
or equipment that began production more than 10 years earlier. The 
Center for Auto Safety asserted that without knowing motor vehicle and 
equipment manufacturers' current records retention practices, NHTSA has 
no basis for asserting that extending the records retention period 
beyond 10 years will burden manufacturers because manufacturers are 
likely already retaining the records. The Center for Auto Safety 
specifically called on NHTSA to extend the record retention period to a 
minimum of 20 years to ensure the agency can effectively evaluate 
safety defects in both new and older vehicles and to support the 
agency's recall and enforcement authorities.
    MEMA's comments applauded NHTSA for recognizing the differences in 
record retention burdens between manufacturers of vehicles and those of 
manufacturers of tires and child restraints. MEMA supported NHTSA's 
decision to propose only extending the records retention period in 49 
CFR 576.6 as well as the decision not to propose extending retention 
requirements for manufacturers of motor vehicle equipment other than 
child

[[Page 66631]]

restraints and tires. MEMA also supported the comments of USTMA.
    The commenters did not provide information on vehicle or equipment 
manufacturers' current retention practices or the costs of electronic 
records storage.

IV. The Final Rule

    After considering all available information, including the 
comments, NHTSA has decided to adopt the changes to the regulation 
proposed in the NPRM without modification. In the NPRM the agency 
stated, that based on its experience investigating potential defects 
and overseeing recalls, many manufacturers of motor vehicles and 
equipment currently retain records subject to this rule for periods of 
time longer than currently required. NHTSA also stated a belief that 
the cost of electronic storage is low and nothing contained in the 
comments has led NHTSA to change that view. Thus, this final rule will 
require manufacturers to maintain records for the minimum 10-year 
period specified in the FAST Act and NHTSA will consider further 
extending this requirement in the future.
    NHTSA acknowledges, as mentioned by the Center for Auto Safety, 
that in many cases manufacturers of motor vehicles and equipment are 
currently retaining records for their own business purposes for a 
period of time longer than 10 years. In its investigations, ODI has 
been able to receive relevant records from the motor vehicle or 
equipment manufacturer, even in many instances in which the records are 
far older than those required to be retained. In response to the Center 
for Auto Safety's assertion that the age of the vehicles and equipment 
that are the subject of open investigations and Defect Petitions 
demonstrate that a 10-year records retention period is insufficient, 
NHTSA notes that the manufacturers' general practices of retaining 
records longer than the required period has enabled the agency to 
obtain relevant records when necessary.
    While the burden of extending the records retention requirement in 
part 576 longer than 10 years may be minimal, the agency has decided 
that finalizing a 10-year requirement now is appropriate. That action 
will ensure that records are retained for that longer retention period 
immediately upon the effective date of this rule and will not foreclose 
the agency from further consideration of a longer retention period, 
which could serve as a backstop to ensure that manufacturers continue 
to retain older records that the agency often considers in its work. 
NHTSA must also consider the burden of extending the records retention 
requirements in 49 CFR 576.6 to manufacturers of tires and child 
restraints, which may not retain records for as long as motor vehicle 
manufacturers. Furthermore, ODI needs records older than 10 years old 
from child restraint system and tire manufacturers less often than from 
vehicle manufacturers. Thus, in the future, NHTSA may consider 
different retention periods tailored to its needs.
    The Center for Auto Safety further asserted that a records 
retention period of 10 years will limit ODI's oversight of 
manufacturing and design defects. As noted above, it is ODI's 
experience that in most cases records are available past the period for 
which manufacturers are required to keep them. Furthermore, while 
design and manufacturing records can be helpful to demonstrating the 
existence of a defect, NHTSA can prove a defect based on performance 
alone. See 49 U.S.C. 30120(a)(3) (defining ``defect'' as including a 
defect in performance); U.S. v. Gen. Motors, 518 F.2d 420, 438 (D.C. 
Cir. 1975).
    While we are declining at this time to extend the records retention 
requirement for records covered by 49 CFR 576.6 for a period longer 
than 10 years, we do note that the average age of the U.S. on-road 
vehicle fleet has increased since the NPRM.\4\ Finalizing the proposed 
retention period now ensures that manufacturers retain records for the 
minimum 10-year period, in accordance with the FAST Act mandate. The 
agency will consider a further extension of the requirement in the 
future.
---------------------------------------------------------------------------

    \4\ The average age of the U.S. light vehicle fleet was 12.6 
years in 2024. See Average Age of Vehicles in the US Continues to 
Rise: 12.6 Years in 2024, According to S&P Mobility (May 22. 2024), 
available https://www.spglobal.com/mobility/en/research-analysis/average-age-vehicles-united-states-2024.html (last visited June 13, 
2024).
---------------------------------------------------------------------------

V. Regulatory Analyses and Notices

A. Executive Order (E.O.) 12866, E.O. 13563, E.O. 14094, and DOT 
Regulatory Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under 
E.O. 12866, E.O. 13563, E.O. 14094, and DOT's regulatory policies and 
procedures. This final rule is nonsignificant under E.O. 12866 and E.O. 
14094 and was not reviewed by the Office of Management and Budget 
(OMB). It is also not considered ``of special note to the Department'' 
under DOT Order 2100.6A, Rulemaking and Guidance Procedures.
    This rule amends 49 CFR part 576 to require motor vehicle, child 
restraint system, and tire manufacturers to maintain records for a 
longer period than the currently required 5-year time period. This rule 
does not require manufacturers to maintain any records they are not 
already required to maintain, but instead is designed to lengthen the 
time manufacturers retain certain records. Extending the period of time 
to 10 years is expected to lead to various unquantifiable benefits such 
as formalizing manufacturers' records retention practices and ensuring 
that, in all instances, records that must be retained under section 
576.6 are available in the case of a NHTSA investigation for a minimum 
of 10 years.
    Based on NHTSA's experience conducting investigations and 
overseeing recalls, NHTSA believes that most manufacturers of motor 
vehicles subject to this rule already retain records for a longer 
period than currently specified in part 576. It is NHTSA's position 
that those manufacturers of motor vehicles or equipment who do 
currently retain records for longer than 10 years would be able to 
adjust their record retention systems in response to this rulemaking 
with minimal cost. Because we expect any costs, benefits, or savings 
associated with this rulemaking to be minimal, we have not prepared a 
separate economic analysis for this rulemaking.

B. Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act, 5 U.S.C. 601, et 
seq., NHTSA has evaluated the effects of this action on small entities. 
I hereby certify that this final rule would not have a significant 
impact on a substantial number of small entities. The rule affects 
manufacturers of motor vehicles, child restraint systems, and tires, a 
few of which may qualify as small entities. Such manufacturers are 
expected to have fewer records, because they produce fewer motor 
vehicles, child restraint systems, and tires than larger manufacturers. 
Accordingly, the burden imposed on smaller manufacturers to retain 
these records should be small. Additionally, this rule will merely 
extend how long manufacturers keep records that they are already 
required to maintain under current regulations, amounting to a minimal 
impact on small businesses. Thus, NHTSA believes that the regulation 
does not impose a significant burden on small manufacturers.

C. Executive Order 13132 (Federalism)

    NHTSA has examined today's rule pursuant to E.O. 13132 (64 FR 
43255, Aug. 10, 1999) and concluded that no additional consultation 
with states,

[[Page 66632]]

local governments, or their representatives is mandated beyond the 
rulemaking process. The agency has determined that the rulemaking would 
not have sufficient federalism implications to warrant consultation 
with state and local officials or the preparation of a federalism 
summary impact statement. The rule would apply to manufacturers of 
motor vehicles and motor vehicle equipment and would not have a 
substantial direct effect on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government. Thus, E.O. 
13132 is not implicated and consultation with state and local officials 
is not required.

D. National Environmental Policy Act

    NHTSA has analyzed this rule for the purposes of the National 
Environmental Policy Act. The agency has determined that the 
implementation of this action will not have any significant impact on 
the quality of the human environment.

E. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. NHTSA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule does not 
meet the criteria in 5 U.S.C. 804(2) to be considered a major rule.

F. Paperwork Reduction Act

    Under the procedures established by the Paperwork Reduction Act of 
1995 (PRA) (44 U.S.C. 3501, et seq.), federal agencies must obtain 
approval from the OMB for each collection of information they conduct, 
sponsor, or require through regulations. A person is not required to 
respond to a collection of information by a federal agency unless the 
collection displays a valid OMB clearance number. In compliance with 
these requirements, NHTSA is submitting an information collection 
requestion (ICR) to OMB for modifications to a currently approved 
information collection titled ``Record Retention--49 CFR part 576'' 
(OMB Control No. 2127-0042, Current Expiration Date: 4/30/2026).
    The final rule amends 49 CFR part 576 to extend the time 
manufacturers must retain certain information, which is considered to 
be an information collection requirement, as that term is defined by 
the OMB in 5 CFR part 1320. NHTSA sought comment on this change in the 
NPRM published on May 15, 2019.\5\ NHTSA's responses to the comments 
are discussed in section III above. As discussed, NHTSA is adopting the 
proposal without modification.
---------------------------------------------------------------------------

    \5\ 84 FR 21741.
---------------------------------------------------------------------------

    In accordance with the requirements of the PRA, NHTSA is 
resubmitting the ICR for this final rule. While NHTSA has not made any 
substantial modifications to the ICR since publishing the NPRM, NHTSA 
has revised the estimates for the total burden of this collection due 
to changes in the number of respondents since the NPRM was issued. 
NHTSA estimates the total burden of this information collection to be 
40,225 hours and $0, which is the same burden estimate provided for the 
currently approved information collection. NHTSA does not believe the 
modification will increase burden to manufacturers. However, this 
estimate is higher than what we estimated in the May 15, 2019 NPRM, in 
which we as estimated that the burden would be 40,020 hours and $0. The 
adjustment is a result of an increase in the estimated number of the 
manufacturers required to maintain the records (an increase of five 
manufacturers each incurring an estimated 40 burden hours each year and 
an additional five manufacturers incurring an estimated 1 burden hour 
each year). NHTSA continues to estimate that there are no additional 
costs associated with this information collection.
    In compliance with the requirement at 5 CFR 1320.9(g), NHTSA is 
providing the following information to potential respondents to the 
information collections for part 576--Record Retention:

    Paperwork Reduction Act Statement: A federal agency may not 
conduct or sponsor, and a person is not required to respond to, nor 
shall a person be subject to a penalty for failure to comply with, a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2127-0042. The information 
collected is necessary to increase the effectiveness of NHTSA's 
investigations into potential safety related defects. The records 
that are required to be retained per 49 CFR part 576 are used to 
promptly identify potential safety-related defects in motor vehicles 
and motor vehicle equipment in the United States. When a trend in 
incidents arising from a potentially safety-related defect is 
discovered, NHTSA relies on this information, along with other 
agency data, to determine whether or not to open a formal defect 
investigation (as authorized by Title 49 U.S.C. Chapter 301--Motor 
Vehicle Safety). The record retention requirements are mandatory and 
NHTSA estimates that the annual burden associated with these record 
retention requirements is approximately 40 hours per manufacturer 
for vehicle and equipment manufacturers and 1 hour per manufacturer 
for record retention for death reports. Send comments regarding this 
burden estimate or any other aspect of this collection of 
information, including suggestions for reducing this burden to: 
Information Collection Clearance Officer, National Highway Traffic 
Safety Administration, 1200 New Jersey Ave. SE, Room W45-205, 
Washington, DC 20590.

G. National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995 
(Pub. L. 104-113), ``all Federal agencies and departments shall use 
technical standards that are developed or adopted by voluntary 
consensus standards bodies, using such technical standards as a means 
to carry out policy objectives or activities determined by the agencies 
and departments.'' The amendment in today's final rule extends the time 
manufacturers retain records, and does not involve any voluntary 
consensus standards as it relates to NHTSA or this rulemaking.

H. Executive Order 12988 (Civil Justice Reform)

    With respect to the review of the promulgation of a new regulation, 
section 3(b) of E.O. 12988, ``Civil Justice Reform'' (61 FR 4729, Feb. 
7, 1996), requires that Executive agencies make every reasonable effort 
to ensure that the regulation: (1) clearly specifies the preemptive 
effect; (2) clearly specifies the effect on existing federal law or 
regulation including all provisions repealed, circumscribed, displaced, 
impaired, or modified; (3) provides a clear legal standard for affected 
conduct rather than a general standard, while promoting simplification 
and burden reduction; (4) clearly specifies the retroactive effect, if 
any; (5) specifies whether administrative proceedings are to be 
required before parties may file suit in court; (6) adequately defines 
key terms; and (7) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. This document is consistent with that requirement.
    Pursuant to this Order, NHTSA has considered these issues and 
determined

[[Page 66633]]

that this rule does not have any retroactive or preemptive effect. The 
rule only applies to documents in manufacturers' possession at the time 
the rule goes into effect and documents generated or acquired by 
manufacturers in the future. NHTSA notes further that there is no 
requirement associated with this rule that individuals submit a 
petition for reconsideration or pursue other administrative proceeding 
before they may file suit in court.

I. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires 
agencies to prepare a written assessment of the costs, benefits, and 
other effects of proposed or final rules that include a federal mandate 
likely to result in the expenditure by state, local, or tribal 
governments, in the aggregate, or by the private sector, of more than 
$100 million annually (adjusted for inflation with base year of 1995). 
This rule would not result in expenditures by state, local, or tribal 
governments, in the aggregate, or by the private sector in excess of 
$100 million annually (adjusted for inflation with base year of 1995).

J. Executive Order 13211

    E.O. 13211 (66 FR 28355, May 18, 2001) applies to any rulemaking 
that: (1) is determined to be economically significant as defined under 
E.O. 12866, and is likely to have a significantly adverse effect on the 
supply of, distribution of, or use of energy; or (2) that is designated 
by the Administrator of the Office of Information and Regulatory 
Affairs as a significant energy action. This rulemaking is not subject 
to E.O. 13211.

K. Regulation Identifier Number

    The DOT assigns a regulation identifier number (RIN) to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. You may use the RIN contained in the 
heading at the beginning of this document to find this action in the 
Unified Agenda.

List of Subjects in 49 CFR Part 576

    Motor vehicle safety, Tires, Reporting and recordkeeping 
requirements.

    For the reasons discussed in the preamble, NHTSA amends 49 CFR part 
576 as follows:

PART 576--RECORD RETENTION

0
1. The authority citation for part 576 is revised to read as follows:

    Authority: 49 U.S.C. 322(a), 30117, 30120(g), 30141-30147; 
delegation of authority at 49 CFR 1.95.


0
2. Amend Sec.  576.5 to revise paragraph (a) to read as follows:


Sec.  576.5  Basic requirements.

    (a) Each manufacturer of motor vehicles, child restraint systems, 
and tires shall retain, as specified in Sec.  576.7 of this part, all 
records described in Sec.  576.6 of this part for a period of 10 
calendar years from the date on which they were generated or acquired 
by the manufacturer.
* * * * *

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.95 and 501.5.
Sophie Shulman,
Deputy Administrator.
[FR Doc. 2024-18112 Filed 8-15-24; 8:45 am]
BILLING CODE 4910-59-P
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