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