82 FR 45941 - Reports, Forms, and Record Keeping Requirements
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 189 (October 2, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 189 (October 2, 2017)
| Page Range | 45941-45946 | |
| FR Document | 2017-21053 |
[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)] [Notices] [Pages 45941-45946] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21053] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [U.S. DOT Docket Number NHTSA-2016-0065] Reports, Forms, and Record Keeping Requirements AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation. ACTION: Request for comment on the renewal of collection of information. ----------------------------------------------------------------------- SUMMARY: Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes a collection of information for which NHTSA intends to seek OMB approval. DATES: Comments must be received on or before December 1, 2017. ADDRESSES: You may submit comments using any of the following methods. All comments must have the applicable DOT docket number (i.e., NHTSA- 2016-0065) noted conspicuously on them.Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility, M-30: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET, Monday through [[Page 45942]] Friday, except Federal holidays. Telephone: 1-800-647-5527. Fax: 202-493-2251. Instructions: All submissions must include the agency name and docket number for this proposed collection of information. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov. Docket: For access to comments received, go to http://www.regulations.gov or the street address listed above. Follow the online instructions for accessing the dockets. FOR FURTHER INFORMATION CONTACT: For further information, or for background documents, contact Stephen Hench, Office of Chief Counsel (NCC-0100), Room W41-229, NHTSA, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 202-366-2992. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, before an agency submits a proposed collection of information to OMB for approval, it must first publish a document in the Federal Register providing a 60-day comment period and otherwise consult with members of the public and affected agencies concerning each proposed collection of information. The OMB has promulgated regulations describing what must be included in such a document. Under OMB's regulation, see 5 CFR 1320.8(d), an agency must ask for public comment on the following: (i) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (ii) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) how to enhance the quality, utility, and clarity of the information to be collected; and (iv) how to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In compliance with these requirements, NHTSA asks for public comments on the following collection of information: Title: Defect and Noncompliance Reporting and Notification. Type of Request: Renewal of a currently approved information collection. OMB Control Number: 2127-0004. Affected Public: Businesses or individuals. Abstract: This notice requests comment on NHTSA's proposed renewal to approved collection of information OMB No. 2127-0004. This collection covers the information collection requirements found within various statutory sections in the Motor Vehicle Safety Act of 1966 (Act), 49 U.S.C. 30101, et seq., that address and require manufacturer notifications to NHTSA of safety-related defects and failures to comply with Federal Motor Vehicle Safety Standards (FMVSS) in motor vehicles and motor vehicle equipment, as well as the provision of particular information related to the ensuing owner and dealers notifications and free remedy campaigns that follow those notifications. The sections of the Act imposing these requirements include 49 U.S.C. 30118, 30119, 30120, and 30166. Many of these requirements are implemented through, and addressed with more specificity in, 49 CFR part 573, Defect and Noncompliance Responsibility and Reports (Part 573) and 49 CFR 577, Defect and Noncompliance Notification (Part 577). Pursuant to the Act, motor vehicle and motor vehicle equipment manufacturers are obligated to notify, and then provide various information and documents to, NHTSA in the event a safety defect or noncompliance with Federal Motor Vehicle Safety Standards (FMVSS) is identified in products they manufactured. See 49 U.S.C. 30118(b) and 49 CFR 573.6. Manufacturers are further required to notify owners, purchasers, dealers, and distributors about the safety defect or noncompliance. See 49 U.S.C. 30118(b), 30120(a); 49 CFR 577.7, 577.13. Manufacturers are required to provide to NHTSA copies of communications pertaining to recall campaigns that they issue to owners, purchasers, dealers, and distributors. See 49 U.S.C. 30166(f); 49 CFR 573.6(c)(10). Manufacturers are also required to file with NHTSA a plan explaining how they intend to reimburse owners and purchasers who paid to have their products remedied before being notified of the safety defect or noncompliance, and explain that plan in the notifications they issue to owners and purchasers about the safety defect or noncompliance. See 49 U.S.C. 30120(d) and 49 CFR 573.13. Manufacturers are further required to keep lists of the respective owners, purchasers, dealers, distributors, lessors, and lessees of the products determined to be defective or noncompliant and involved in a recall campaign, and are required to provide NHTSA with a minimum of six quarterly reports reporting on the progress of their recall campaigns. See 49 CFR 573.8 and 573.7, respectively. In addition, in an enforcement action, certain manufacturers may be required by administrative order to conduct supplemental recall communications utilizing non-traditional means (e.g., text messaging, social media) crucial to achieving completion of a unique, large-scale recall. Presently, NHTSA is overseeing recalls of unprecedented complexity involving Takata air bag inflators, where it has required such supplemental owner communications.\1\ NHTSA specifically seeks comment on its estimates of the supplemental recall communications associated with the Takata recalls. --------------------------------------------------------------------------- \1\ See ``Notice of Coordinated Remedy Program Proceeding for the Replacement of Certain Takata Air Bag Inflator,'' available at https://www.regulations.gov/docket?D=NHTSA-2015-0055. --------------------------------------------------------------------------- The Act and Part 573 also contain numerous information collection requirements specific to tire recall and remedy campaigns. These requirements relate to the proper disposal of recalled tires, including a requirement that the manufacturer conducting the tire recall submit a plan and provide specific instructions to certain persons (such as dealers and distributors) addressing that disposal, and a requirement that those persons report back to the manufacturer certain deviations from the plan. See 49 U.S.C. 30120(d) and 49 CFR 573.6(c)(9). The regulations also require that manufacturers report to NHTSA intentional and knowing sales or leases of defective or noncompliant tires. 49 U.S.C. 30166(n) and its implementing regulation found at 49 CFR 573.10 mandate that anyone who knowingly and willfully sells or leases for use on a motor vehicle a defective tire or a tire that is not compliant with FMVSS, and with actual knowledge that the tire manufacturer has notified its dealers of the defect or noncompliance as required under the Act, is required to report that sale or lease to NHTSA no [[Page 45943]] more than five working days after the person to whom the tire was sold or leased takes possession of it. Estimated Burden: The existing information collection associated with 49 CFR part 573 and portions of 49 CFR part 577 currently has an estimated annual burden of 36,070 hours associated with an estimated 275 respondents per year.\2\ Our prior estimates of the burden hours and cost associated with the requirements currently covered by this information collection require adjustment as follows. --------------------------------------------------------------------------- \2\ See 81 FR 70269 (October 11, 2016). --------------------------------------------------------------------------- Based on current information, we estimate 274 distinct manufacturers filing an average of 963 Part 573 Safety Recall Reports each year. This is a change from our previous estimate of 854 Part 573 Safety Recall Reports filed by 275 manufacturers each year. In addition, with reference to the metric associated with NHTSA's VIN Look-up Tool regulation, see 49 CFR 573.15, we continue to estimate it takes the 17 major passenger-vehicle manufacturers (that produce more than 25,000 vehicles annually) more burden hours to complete these Reports to NHTSA. See 81 FR 70270 (October 11, 2016). Between 2014 and 2016, the major passenger-vehicle manufacturers conducted an average of 299 recalls annually. We continue to estimate that maintenance of the required owner, purchaser, dealer, and distributors lists requires 8 hours a year per manufacturer. We also continue estimate it takes a major passenger- vehicle manufacturer 20 hours to complete each notification report to NHTSA, and it takes all other manufacturers 4 hours. Accordingly, we estimate the annual burden hours related to the reporting to NHTSA of a safety defect or noncompliance for the 17 major passenger vehicle- manufacturers to be 5,980 hours annually (299 notices x 20 hours/ report), and that all other manufacturers require a total of 2,656 hours annually (664 notices x 4 hours/report) to file their notices. Accordingly, the estimated annual burden hours related to the reporting to NHTSA of a safety defect or noncompliance is 10,828 hours (5,980 hours + 2,656 hours) + (274 MFRs x 8 hours to maintain purchaser lists).\3\ --------------------------------------------------------------------------- \3\ For more information about how we derived these and certain other estimates please see 81 FR 70269 (October 11, 2016). --------------------------------------------------------------------------- We continue to estimate that an additional 40 hours will be needed to account for major passenger-vehicle manufacturers adding details to Part 573 Safety Recall Reports relating to the intended schedule for notifying its dealers and distributors, and tailoring its notifications to dealers and distributors in accordance with the requirements of 49 CFR 577.13. An additional 2 hours will be needed to account for this obligation in other manufacturers' Safety Recall Reports. This burden is estimated at 13,288 hours annually (664 notices x 2 hours/ notification) + (299 notices x 40 hours/notification). 49 U.S.C. 30166(f) requires manufacturers to provide to the Agency copies of all communications regarding defects and noncompliances sent to owners, purchasers, and dealerships. Manufacturers must index these communications by the year, make, and model of the vehicle as well as provide a concise summary of the subject of the communication. We continue to estimate this burden requires 30 minutes for each vehicle recall. This totals an estimated 482 hours annually (963 recalls x .5 hours). In the event a manufacturer supplied the defective or noncompliant product to independent dealers through independent distributors, that manufacturer is required to include in its notifications to those distributors an instruction that the distributors are to then provide copies of the manufacturer's notification of the defect or noncompliance to all known distributors or retail outlets further down the distribution chain within five working days. See 49 CFR 577.7(c)(2)(iv). As a practical matter, this requirement would only apply to equipment manufacturers since vehicle manufacturers generally sell and lease vehicles through a dealer network, and not through independent distributors. We believe our previous estimate of 95 equipment recalls per year needs to be adjusted to 87 equipment recalls per year to better reflect recent data. Although distributors are not required to follow that instruction, we expect that they will, and have estimated the burden associated with these notifications (identifying retail outlets, making copies of the manufacturer's notice, and mailing) to be 5 hours per recall campaign. Assuming an average of 3 distributors per equipment item, (which is a liberal estimate given that many equipment manufacturers do not use independent distributors) the total number of burden hours associated with this third-party notification burden is approximately 1,305 hours per year (87 recalls x 3 distributors x 5 hours). As for the burden linked with a manufacturer's preparation of and notification concerning its reimbursement for pre-notification remedies, we continue to estimate that the preparation of a reimbursement plan takes approximately 4 hours annually, an additional .5 hours per year is spent tailoring the plan to particular defect and noncompliance notifications to NHTSA and adding tailored language about the plan to a particular safety recall's owner notification letters, and an additional 12 hours annually is spent disseminating plan information, for a total 4,866 annual burden hours ((274 MFRs x 4 hours to prepare plan) + (963 recalls x .5 hours tailoring plan for each recall) + (274 MFRs x 12 hours to disseminate plan information)). For more information about how we calculated these estimates please see the Federal Register Notices 81 FR 70269 (October 11, 2016). The Safety Act and 49 CFR part 573 also contain numerous information collection requirements specific to tire recall and remedy campaigns, as well as a statutory and regulatory reporting requirement that anyone who knowingly and intentionally sells or leases a defective or noncompliant tire notify NHTSA of that activity. Manufacturers are required to include specific information related to tire disposal in the notifications they provide NHTSA concerning identification of a safety defect or noncompliance with FMVSS in their tires, as well as in the notifications they issue to their dealers or other tire outlets participating in the recall campaign. See 49 CFR 573.6(c)(9). We continue to estimate that the agency administers 12 tire recalls each year, on average. We continue to estimate that the inclusion of this additional information will require an additional two hours of effort beyond the subtotal above associated with non-tire recall campaigns. This additional effort consists of one hour for the NHTSA notification and one hour for the dealer notification for a total of 24 burden hours (12 tire recalls a year x 2 hours per recall). Manufacturer-owned or controlled dealers are required to notify the manufacturer and provide certain information should they deviate from the manufacturer's disposal plan. Consistent with our previous analysis, we continue to ascribe zero burden hours to this requirement since to date no such reports have been provided and our original expectation that dealers would comply with manufacturers' plans has proven true. Accordingly, we continue to estimate 24 burden hours a year will be spent complying with the tire recall campaign requirements found in 49 CFR 573.6(c)(9). [[Page 45944]] The agency recently received one report under 49 U.S.C. 30166(n) and its implementing regulation at 49 CFR 573.10 of a defective or noncompliant tire being intentionally sold or leased, so our previous estimate of zero burden hours for this regulatory requirement is being revised. The agency estimates 1 burden hour annually will be spent preparing and submitting such reports. We continue to believe nine vehicle manufacturers, who did not operate VIN-based recalls lookup systems prior to August 2013, incur certain recurring burdens on an annual basis. We continue to estimate that 100 burden hours will be spent on system and database administrator support. These 100 burden hours include: Backup data management and monitoring; database management, updates, and log management; and data transfer, archiving, quality assurance, and cleanup procedures. We continue to estimate another 100 burden hours will be incurred on web/application developer support. These burdens include: Operating system and security patch management; application/ web server management; and application server system and log files management. We continue to estimate these burdens will total 1,800 hours each year (9 MFRs x 200 hours). We continue to estimate the recurring costs of these burden hours will be $30,000 per manufacturer.\4\ We continue to estimate that the total cost to the industry from these recurring expenses will total $270,000, on an annual basis (9 MFRs x $30,000). --------------------------------------------------------------------------- \4\ $8,000 (for data center hosting for the physical server) + $12,000 (for system and database administrator support) + $10,000 (for web/application developer support) = $30,000. --------------------------------------------------------------------------- Changes to 49 CFR part 573 in 2013 required 27 manufacturers to update each recalled vehicle's repair status no less than every 7 days, for 15 years from the date the VIN is known to be included in the recall. This ongoing requirement to update the status of a VIN for 15 years continues to add a recurring burden on top of the one-time burden to implement and operate these online search tools. We continue to estimate that 8 affected motorcycle manufacturers will make recalled VINs available for an average of 2 recalls each year and 19 affected passenger-vehicle manufacturers will make recalled VINs available for an average of 8 recalls each year. We believe it will take no more than 1 hour, and potentially much less with automated systems, to update the VIN status of vehicles that have been remedied under the manufacturer's remedy program. We continue to estimate this will require 8,736 burden hours per year (1 hour x 2 recalls x 52 weeks x 8 MFRs + 1 hour x 8 recalls x 52 weeks x 19 MFRs) to support the requirement to update the recalls completion status of each VIN in a recall at least weekly for 15 years. As the number of Part 573 Recall Reports has increased in recent years, so has the number of quarterly reports that track the completion of safety recalls. Our previous estimate of 3,800 quarterly reports received annually is now revised upwards to 4,498 quarter reports received annually. We continue to estimate it takes manufacturers 10 minutes to gather the pertinent information for each quarterly report, and 4 additional hours for the 17 major passenger-vehicle manufacturers. We therefore now estimate that the quarterly reporting burden pursuant to Part 573 totals 818 hours ((4,498 quarterly reports x 10 minutes/report) + (17 MFRs x 4 hours for electronic submission)). We continue to estimate a small burden of 2 hours annually in order to set up a manufacturer's online recalls portal account with the pertinent contact information and maintaining/updating their account information as needed. We estimate this will require a total of 548 hours annually (2 hours x 274 MFRs). We continue to estimate that 20 percent of Part 573 reports will involve a change or addition regarding recall components, and that at one hour per amended report, this totals 193 burden hours per year (963 recalls x .20 = 193 recalls; 193 x 1 = 193 hours). As to the requirement that manufacturers notify NHTSA in the event of a bankruptcy, we expect this notification to take an estimated 2 hours to draft and submit to NHTSA. We continue to estimate that only 10 manufacturers might submit such a notice to NHTSA each year, so we calculate the total burden at 20 hours (10 MFRs x 2 hours). We continue to estimate that it takes manufacturers an average of 8 hours to draft their notification letters, submit them to NHTSA for review, and then finalize them for mailing to their affected owners and purchasers. We estimate that the 49 CFR part 577 requirements result in 7,704 burden hours annually (8 hours per recall x 963 recalls per year). The burden estimate associated with the regulation that requires interim owner notifications within 60 days of filing a Part 573 Safety Recall Report must be revised upward. We previously calculated that about 10 percent of past recalls require an interim notification mailing, but recent trends show that 12 percent of recalls require an interim owner notification mailing. We continue to estimate the preparation of an interim notification can take up to 10 hours. We therefore estimate that 1160 burden hours are associated with the 60- day interim notification requirement (963 recalls x .12 = 116 recalls; 116 recalls times 10 hours per recall = 1160 hours). As for costs associated with notifying owners and purchasers of recalls, we continue to estimate a cost of $1.50 per first class mail notification, on average. This cost estimate includes the costs of printing, mailing, as well as the costs vehicle manufacturers may pay to third-party vendors to acquire the names and addresses of the current registered owners from state and territory departments of motor vehicles. In reviewing recent recall figures, we determined that an estimated 75.8 million letters are mailed yearly totaling $113,700,000 ($1.50 per letter x 75,800,000 letters). The requirement in 49 CFR part 577 for a manufacturer to notify their affected customers within 60 days would add an additional $13,644,000 (75,800,000 letters x .12 requiring interim owner notifications = 9,096,000 letters; 9,096,000 x $1.50 = $13,644,000). In total, we estimate that the current 49 CFR part 577 requirements cost manufacturers a total of $127,344,000 annually ($113,700,000 for owner notification letters + $13,644,000 for interim notification letters = $127,344,000). NHTSA further has authority to require that, in an enforcement action, vehicle manufacturers conduct supplemental recall communications, potentially utilizing non-traditional means (e.g., text messaging, social media). This is currently occurring in the Takata recalls, which involve 19 vehicle manufacturers and over 46 million defective inflators currently under recall in approximately 34 million vehicles that need to be recalled as quickly as possible, given that thirteen people in the United States have lost their lives to a rupturing Takata inflator, and more than two hundred people have reported associated injuries, many of which were disfiguring or life- threatening. The scope of the Takata recall has been unprecedented in the agency's history. Therefore, the below analysis only takes into account the expected paperwork burden of this collection over the next three years, without making any assumptions about the likelihood of another large-scale recall that leads to similar types of supplementary notices. However, the agency believes the lessons learned from the Takata recall [[Page 45945]] will provide a useful guidepost in structuring any similar future action. To address the scope and complexity of the Takata recall, NHTSA issued a Coordinated Remedy Order, as amended on December 9, 2016 (the ``ACRO''), which requires affected vehicle manufacturers to conduct supplemental owner notification efforts in coordination with NHTSA and the Independent Monitor of Takata. On December 23, 2016, the Monitor, in consultation with NHTSA, issued Coordinated Communications Recommendations for vehicle owner outreach (``CCRs''), which includes a recommendation that vehicle manufacturers provide at least one form of consumer outreach per month for vehicles in a launched recall campaign (i.e., a recall where parts are available) until the vehicle is remedied (unless otherwise accounted for as scrapped, stolen, exported, or otherwise unreachable under certain procedures in the ACRO). See CCRs ]1(b); ACRO ]]45-46. The Monitor also recommended that manufacturers utilize at least three non-traditional means of communication (postcards; email; telephone calls; text message; social media) as part of their overall outreach strategy. See CCRs ]1(a). And the Monitor recommended including in these communications certain content, including certain safety-risk information. See id. ]2. If a vehicle manufacturer does not wish to follow the Monitor's recommendations, the ACRO permits the manufacturer to propose an alternative communication strategy to NHTSA and the Monitor. The Monitor's recommendations were adopted in significant part because research supports that frequent notifications using non- traditional means result in improved remedy completion.\5\ The agency invites any additional feedback on the effectiveness of such outreach in future enforcement actions, as well as the paperwork burden associated with conducting that outreach. --------------------------------------------------------------------------- \5\ See, e.g., GM Safety Recalls: Innovations in Customer Outreach (NHTSA Retooling Recalls Workshop, April 28, 2015) (recognizing efficacy of various methods of owner engagement, and citing customer recognition of GM's ``persistence'' through multiple postcards and letters ``seal[ing] the deal'' for customer to seek timely recall remedy); Auto Alliance & NADA Survey Key Findings (November 2015), at 16 (observing dealers ``[t]ry multiple attempts and methods [phone, email, mail] to contact customer'' when trying to increase recall repair rates). --------------------------------------------------------------------------- To date, vehicle manufacturers and others have agreed that greater notification frequency is preferred over less.\6\ However, the agency is aware of generalized concerns about ``notification fatigue'' and invites comment on this phenomenon, including the optimal frequency, content, mode, and method of recall/defects notifications from manufacturers to consumers. The agency is also particularly interested any research or data that relates to a recall with potential consequences of death or severe injury, as in the case of the Takata recalls. NHTSA also seeks comment on the content and language to include in these notifications, including relevant safety-risk information, to increase the likelihood that consumers remedy the issue as soon as possible. --------------------------------------------------------------------------- \6\ See, e.g., GM Safety Recalls, supra; Auto Alliance & NADA Survey Key Findings, supra; GM letter to NHTSA in comment to ANPRM, Docket No. NHTSA-2016-0001 (March 23, 2016), at 2 (``The best approach is to leverage multiple communication channels and, where possible, capture and use the customer's preferred method of communication. In those cases where consumers perceive non-repair to be low-risk, a ``saturation'' approach is sometimes effective. This approach increases the frequency of contact and alternates the means of communication.''); see also Susanne Schmidt & Martin Eisend, Advertising Repetition: A Meta-Analysis on Effective Frequency in Advertising, 44 J. Advertising 415, 425 (2015) (observing findings ``clearly support the repetitionists' view in the literature over the minimalists' view: few exposures are not enough to achieve maximum response, but repetition is essential for consumer response''); id. at 426 (observing further that ``many exposures in real-world settings are not completed (i.e. the consumer does not read/watch/listen to an ad message in its entirety), and higher exposure rates are necessary to reach optimum response''-- accordingly, the study's figures even ``might understate the optimum exposure level needed in a real-world setting''); Blair Entenmann, Marketing Help!, The Principles of Targeted Direct Mail Advertising (2007) (``Timing may be a critical success factor--today they aren't interested, but next month they might be. Repetition will generate a better response.''); Chuck Flantroy, Direct Mail Works: The Power of Frequency, Kessler Creative (August 31, 2016), available at http://www.kesslercreative.com/marketing-tips-tricks/direct-mail-works-the-power-of-frequency/ (observing that ``[a] huge factor to take into account is the timing of . . . mailing(s). Even if your first mailing falls on deaf ears, your second or third may come at just the perfect time when a recipient of your campaign is in need of your products or services''). --------------------------------------------------------------------------- NHTSA estimates a yearly average of 19 manufacturers will be issuing monthly supplemental communications over the next three years pursuant to the ACRO and the CCRs. Manufacturers may satisfy the CCRs through third-party vendors (which have been utilized by many manufacturers), in-house strategies, or some combination thereof. NHTSA estimates the cost for supplemental communications at $0.44 per VIN per month. The volume of outreach required by the ACRO and the CCRs (and the costs associated with that outreach) is a function of the number of unrepaired vehicles that are in a launched campaign and are not otherwise accounted for as scrapped, stolen, exported, or otherwise unreachable. The schedule in Paragraph 35 of the ACRO delineates the expected remedy completion rate, by quarter, of vehicles in a launched remedy campaign. Utilizing these variables, we estimate an initial annualized cost over the next three years of $43,557,722 per year. However, NHTSA anticipates that recent settlement agreements in the Southern District of Florida multi-district litigation (MDL) governing economic-loss actions against five manufacturer defendants will discount this figure based on outreach efforts those defendants (Toyota, Subaru, Nissan, BMW, Mazda, and Honda) are required to conduct pursuant to their respective settlements. See generally In re: Takata Airbag Products Liab. Litig., 14-cv-24009, MDL No. 2599 (S.D. Fla.). These outreach programs are to utilize non-traditional methods of outreach, including telephone, email, social media, and text messaging, and NHTSA anticipates they will produce outreach that would satisfy the minimum requirements of the CCRs. In calculating the estimated burden the relevant manufacturers would have incurred under the same methodology described above, NHTSA is discounting the annualized cost contemplated by the ACRO and the CCRs by $15,721,393. Accordingly, NHTSA estimates the terms of ACRO and the CCRs, assuming remedy-completion rates consistent with those prescribed in the former, contemplate an annualized cost of $27,836,329 per year for the next three years (2018-2020). In addition, NHTSA estimates that manufacturers will take an average of 2 hours each month drafting or customizing supplemental recall communications utilizing non- traditional means, submitting them to NHTSA for review, and finalizing them to send to affected owners and purchasers. NHTSA therefore estimates that 456 burden hours annually are associated with issuing these supplemental recall communications: 12 months x 2 hours per month x 19 manufacturers = 456 hours. Because of the forgoing burden estimates, we are revising the burden estimate associated with this collection. The 49 CFR part 573 and 49 CFR part 577 requirements found in today's notice will require 51,773 hours each year. Additionally, manufacturers impacted by 49 CFR part 573 and 49 CFR part 577 requirements will incur a recurring annual cost estimated at $127,614,000 total. The burden estimate in this collection contemplated for conducting supplemental recall [[Page 45946]] communications under administrative order to achieve completion of the Takata recalls is 456 hours each year. Additionally, that administrative order contemplates impacted manufacturers incurring an annual cost estimated at $27,836,329. Therefore, in total, we estimate the burden associated with this collection to be 52,229 hours each year, with a recurring annual cost estimated at $155,450,329. Estimated Number of Respondents-- NHTSA estimates that there will be approximately 274 manufacturers per year filing defect or noncompliance reports and completing the other information collection responsibilities associated with those filings. NHTSA estimates there will be an average of 19 manufacturers each year conducting supplemental nontraditional monthly outreach pursuant to administrative order in an enforcement action associated with the Takata recall. Jeffrey Giuseppe, Acting Associate Administrator for Enforcement. [FR Doc. 2017-21053 Filed 9-29-17; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices 45941
expected burdens. The Federal Register Type of Request: Revision of a on respondents, including the use of
notice with a 60-day comment period currently approved information automated collection techniques or
soliciting comments on the following collection. other forms of information technology.
collections of information was Abstract: Executive Order 12862, A comment to OMB is best assured of
published on June 19, 2017 (82 FR ‘‘Streamlining Service Delivery and having its full effect if OMB receives it
27958). Improving Customer Service,’’ requires within 30 days of publication of this
DATES: Comments must be submitted on FTA to identify its stakeholders and notice in the Federal Register.
or before November 1, 2017. address how the agency will provide
William Hyre,
FOR FURTHER INFORMATION CONTACT: Tia
services in a manner that seeks to
streamline service delivery and improve Deputy Associate Administrator for
Swain, Office of Administration, Administration.
Management Planning Division, 1200 the experience of its customers. The
[FR Doc. 2017–21051 Filed 9–29–17; 8:45 am]
New Jersey Avenue SE., Mail Stop survey covered in this request will
provide FTA with a means to gather BILLING CODE P
TAD–10, Washington, DC 20590 (202)
366–0354 or tia.swain@dot.gov. data directly from its stakeholders in an
efficient, timely manner, in accordance
SUPPLEMENTARY INFORMATION: The DEPARTMENT OF TRANSPORTATION
with the Administration’s commitment
Paperwork Reduction Act of 1995
to improving service delivery. By National Highway Traffic Safety
(PRA), Public Law 104–13, Section 2,
qualitative feedback FTA means Administration
109 Stat. 163 (1995) (codified as revised
information that provides useful
at 44 U.S.C. 3501–3520), and its [U.S. DOT Docket Number NHTSA–2016–
insights on perceptions and opinions,
implementing regulations, 5 CFR part 0065]
but the information requests are not
1320, require Federal agencies to issue
statistical surveys that yield quantitative
two notices seeking public comment on Reports, Forms, and Record Keeping
results generalizable to the population
information collection activities before Requirements
of interest. The information obtained
OMB may approve paperwork packages.
from the survey will provide insights AGENCY: National Highway Traffic
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
into customer or stakeholder Safety Administration (NHTSA), U.S.
1320.8(d)(1), 1320.12. On June 19, 2017,
perceptions, experiences and Department of Transportation.
published a 60-day notice (82 FR 27958)
expectations, provide an early warning ACTION: Request for comment on the
in the Federal Register soliciting
of issues with service, or focus attention renewal of collection of information.
comments on the ICR that the agency
on areas where communication, training
was seeking OMB approval. FTA SUMMARY: Before a Federal agency can
or changes in operations might improve
received no comments after issuing this collect certain information from the
delivery of products or services. These
60-day notice. Accordingly, DOT public, it must receive approval from
collections will allow for ongoing,
announces that these information the Office of Management and Budget
collaborative and actionable
collection activities have been re- (OMB). Under procedures established
communications between FTA and its
evaluated and certified under 5 CFR by the Paperwork Reduction Act of
customers and stakeholders. The survey
1320.5(a) and forwarded to OMB for 1995, before seeking OMB approval,
will be limited to data collections that
review and approval pursuant to 5 CFR Federal agencies must solicit public
solicit voluntary opinions and will not
1320.12(c). comment on proposed collections of
Before OMB decides whether to involve information that is required by
regulations. information, including extensions and
approve these proposed collections of
Annual Estimated Total Burden reinstatement of previously approved
information, it must provide 30 days for
Hours: 1,188 hours. collections.
public comment. 44 U.S.C. 3507(b); 5
ADDRESSES: All written comments must This document describes a collection
CFR 1320.12(d). Federal law requires
refer to the docket number that appears of information for which NHTSA
OMB to approve or disapprove
at the top of this document and be intends to seek OMB approval.
paperwork packages between 30 and 60
days after the 30 day notice is submitted to the Office of Information DATES: Comments must be received on
published. 44 U.S.C. 3507 (b)–(c); 5 CFR and Regulatory Affairs, Office of or before December 1, 2017.
1320.12(d); see also 60 FR 44978, 44983, Management and Budget, 725—17th ADDRESSES: You may submit comments
Aug. 29, 1995. OMB believes that the 30 Street NW., Washington, DC 20503, using any of the following methods. All
day notice informs the regulated Attention: FTA Desk Officer. comments must have the applicable
community to file relevant comments Alternatively, comments may be sent DOT docket number (i.e., NHTSA–
and affords the agency adequate time to via email to the Office of Information 2016–0065) noted conspicuously on
digest public comments before it and Regulatory Affairs (OIRA), Office of them.
renders a decision. 60 FR 44983, Aug. Management and Budget, at the • Federal eRulemaking Portal: Go to
29, 1995. Therefore, respondents should following address: oira_submissions@ http://www.regulations.gov. Follow the
submit their respective comments to omb.eop.gov. online instructions for submitting
OMB within 30 days of publication to Comments are Invited On: Whether comments.
best ensure having their full effect. 5 the proposed collection of information • Mail: Docket Management Facility,
CFR 1320.12(c); see also 60 FR 44983, is necessary for the proper performance M–30: U.S. Department of
Aug. 29, 1995. of the functions of the Department, Transportation, 1200 New Jersey
including whether the information will Avenue SE., West Building Ground
sradovich on DSK3GMQ082PROD with NOTICES
The summaries below describe the
nature of the information collection have practical utility; the accuracy of Floor, Room W12–140, Washington, DC
requirements (ICRs) and the expected the Department’s estimate of the burden 20590–0001.
burden. The requirements are being of the proposed information collection; • Hand Delivery or Courier: 1200
submitted for clearance by OMB as ways to enhance the quality, utility, and New Jersey Avenue SE., West Building
required by the PRA. clarity of the information to be Ground Floor, Room W12–140,
Title: Survey of FTA Stakeholders. collected; and ways to minimize the Washington, DC 20590–0001, between 9
OMB Control Number: 2132–0564. burden of the collection of information a.m. and 5 p.m. ET, Monday through
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![Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices 45945
will provide a useful guidepost in less.6 However, the agency is aware of campaign and are not otherwise
structuring any similar future action. generalized concerns about ‘‘notification accounted for as scrapped, stolen,
To address the scope and complexity fatigue’’ and invites comment on this exported, or otherwise unreachable. The
of the Takata recall, NHTSA issued a phenomenon, including the optimal schedule in Paragraph 35 of the ACRO
Coordinated Remedy Order, as amended frequency, content, mode, and method delineates the expected remedy
on December 9, 2016 (the ‘‘ACRO’’), of recall/defects notifications from completion rate, by quarter, of vehicles
which requires affected vehicle manufacturers to consumers. The in a launched remedy campaign.
agency is also particularly interested Utilizing these variables, we estimate
manufacturers to conduct supplemental
any research or data that relates to a an initial annualized cost over the next
owner notification efforts in
recall with potential consequences of three years of $43,557,722 per year.
coordination with NHTSA and the However, NHTSA anticipates that
death or severe injury, as in the case of
Independent Monitor of Takata. On recent settlement agreements in the
the Takata recalls. NHTSA also seeks
December 23, 2016, the Monitor, in Southern District of Florida multi-
comment on the content and language to
consultation with NHTSA, issued include in these notifications, including district litigation (MDL) governing
Coordinated Communications relevant safety-risk information, to economic-loss actions against five
Recommendations for vehicle owner increase the likelihood that consumers manufacturer defendants will discount
outreach (‘‘CCRs’’), which includes a remedy the issue as soon as possible. this figure based on outreach efforts
recommendation that vehicle NHTSA estimates a yearly average of those defendants (Toyota, Subaru,
manufacturers provide at least one form 19 manufacturers will be issuing Nissan, BMW, Mazda, and Honda) are
of consumer outreach per month for monthly supplemental communications required to conduct pursuant to their
vehicles in a launched recall campaign over the next three years pursuant to the respective settlements. See generally In
(i.e., a recall where parts are available) ACRO and the CCRs. Manufacturers re: Takata Airbag Products Liab. Litig.,
until the vehicle is remedied (unless may satisfy the CCRs through third- 14-cv-24009, MDL No. 2599 (S.D. Fla.).
otherwise accounted for as scrapped, party vendors (which have been utilized These outreach programs are to utilize
stolen, exported, or otherwise by many manufacturers), in-house non-traditional methods of outreach,
unreachable under certain procedures in strategies, or some combination thereof. including telephone, email, social
the ACRO). See CCRs ¶1(b); ACRO NHTSA estimates the cost for media, and text messaging, and NHTSA
¶¶45–46. The Monitor also supplemental communications at $0.44 anticipates they will produce outreach
recommended that manufacturers per VIN per month. that would satisfy the minimum
utilize at least three non-traditional The volume of outreach required by requirements of the CCRs. In calculating
means of communication (postcards; the ACRO and the CCRs (and the costs the estimated burden the relevant
email; telephone calls; text message; associated with that outreach) is a manufacturers would have incurred
social media) as part of their overall function of the number of unrepaired under the same methodology described
outreach strategy. See CCRs ¶1(a). And vehicles that are in a launched above, NHTSA is discounting the
the Monitor recommended including in annualized cost contemplated by the
these communications certain content, 6 See, e.g., GM Safety Recalls, supra; Auto
ACRO and the CCRs by $15,721,393.
Alliance & NADA Survey Key Findings, supra; GM Accordingly, NHTSA estimates the
including certain safety-risk letter to NHTSA in comment to ANPRM, Docket
information. See id. ¶2. If a vehicle No. NHTSA–2016–0001 (March 23, 2016), at 2
terms of ACRO and the CCRs, assuming
manufacturer does not wish to follow (‘‘The best approach is to leverage multiple remedy-completion rates consistent
the Monitor’s recommendations, the communication channels and, where possible, with those prescribed in the former,
capture and use the customer’s preferred method of contemplate an annualized cost of
ACRO permits the manufacturer to communication. In those cases where consumers
propose an alternative communication perceive non-repair to be low-risk, a ‘‘saturation’’ $27,836,329 per year for the next three
strategy to NHTSA and the Monitor. approach is sometimes effective. This approach years (2018–2020). In addition, NHTSA
increases the frequency of contact and alternates the estimates that manufacturers will take
The Monitor’s recommendations were means of communication.’’); see also Susanne an average of 2 hours each month
adopted in significant part because Schmidt & Martin Eisend, Advertising Repetition: A
drafting or customizing supplemental
research supports that frequent Meta-Analysis on Effective Frequency in
Advertising, 44 J. Advertising 415, 425 (2015) recall communications utilizing non-
notifications using non-traditional (observing findings ‘‘clearly support the traditional means, submitting them to
means result in improved remedy repetitionists’ view in the literature over the NHTSA for review, and finalizing them
completion.5 The agency invites any minimalists’ view: few exposures are not enough to
to send to affected owners and
additional feedback on the effectiveness achieve maximum response, but repetition is
essential for consumer response’’); id. at 426 purchasers. NHTSA therefore estimates
of such outreach in future enforcement (observing further that ‘‘many exposures in real- that 456 burden hours annually are
actions, as well as the paperwork world settings are not completed (i.e. the consumer associated with issuing these
burden associated with conducting that does not read/watch/listen to an ad message in its supplemental recall communications:
outreach. entirety), and higher exposure rates are necessary to
reach optimum response’’—accordingly, the study’s 12 months × 2 hours per month × 19
To date, vehicle manufacturers and figures even ‘‘might understate the optimum manufacturers = 456 hours.
others have agreed that greater exposure level needed in a real-world setting’’); Because of the forgoing burden
notification frequency is preferred over Blair Entenmann, Marketing Help!, The Principles estimates, we are revising the burden
of Targeted Direct Mail Advertising (2007) (‘‘Timing
may be a critical success factor—today they aren’t
estimate associated with this collection.
5 See, e.g., GM Safety Recalls: Innovations in interested, but next month they might be. The 49 CFR part 573 and 49 CFR part
Customer Outreach (NHTSA Retooling Recalls Repetition will generate a better response.’’); Chuck 577 requirements found in today’s
Workshop, April 28, 2015) (recognizing efficacy of Flantroy, Direct Mail Works: The Power of notice will require 51,773 hours each
sradovich on DSK3GMQ082PROD with NOTICES
various methods of owner engagement, and citing Frequency, Kessler Creative (August 31, 2016),
customer recognition of GM’s ‘‘persistence’’ through available at http://www.kesslercreative.com/
year. Additionally, manufacturers
multiple postcards and letters ‘‘seal[ing] the deal’’ marketing-tips-tricks/direct-mail-works-the-power- impacted by 49 CFR part 573 and 49
for customer to seek timely recall remedy); Auto of-frequency/ (observing that ‘‘[a] huge factor to take CFR part 577 requirements will incur a
Alliance & NADA Survey Key Findings (November into account is the timing of . . . mailing(s). Even recurring annual cost estimated at
2015), at 16 (observing dealers ‘‘[t]ry multiple if your first mailing falls on deaf ears, your second
attempts and methods [phone, email, mail] to or third may come at just the perfect time when a
$127,614,000 total. The burden estimate
contact customer’’ when trying to increase recall recipient of your campaign is in need of your in this collection contemplated for
repair rates). products or services’’). conducting supplemental recall
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![45946 Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices
communications under administrative submission of the first annual report, as programs are available on OFAC’s Web
order to achieve completion of the stipulated in PHMSA’s posting on its site (www.treasury.gov/ofac).
Takata recalls is 456 hours each year. Web page (https://www.phmsa.dot.gov/
Notice of OFAC Action(s)
Additionally, that administrative order underground-storage-annual-report-
contemplates impacted manufacturers submission-extension). This annual On September 26, 2017, OFAC
incurring an annual cost estimated at report, originally required by July 18, determined that the property and
$27,836,329. Therefore, in total, we 2017, would have captured data for the interests in property subject to U.S.
estimate the burden associated with this 2016 calendar year. PHMSA is revising jurisdiction of the following persons are
collection to be 52,229 hours each year, the date of the first submission of the blocked pursuant to the relevant
with a recurring annual cost estimated annual report. The first annual report sanctions authorities listed below.
at $155,450,329. now will be due on March 15, 2018, and Dealings in property subject to U.S.
Estimated Number of Respondents— will collect reported information for the jurisdiction in which a person identified
NHTSA estimates that there will be 2017 calendar year. as Government of North Korea has an
approximately 274 manufacturers per OPS will post this information and interest are prohibited effective as of the
year filing defect or noncompliance further filing instructions on OPS’s Web date of that status, which may be earlier
reports and completing the other site at http://www.phmsa.dot.gov/ than the date of OFAC’s determination.
information collection responsibilities pipeline.
associated with those filings. NHTSA Individuals
Issued in Washington, DC, on September
estimates there will be an average of 19 26, 2017, under authority delegated in 49 1. KWAK, Chong-chol (a.k.a. KWAK,
manufacturers each year conducting CFR 1.97. Jong-chol), Dubai, United Arab
supplemental nontraditional monthly Alan K. Mayberry, Emirates; DOB 01 Jan 1975; nationality
outreach pursuant to administrative Associate Administrator for Pipeline Safety.
Korea, North; Gender Male; Passport
order in an enforcement action 563220533 (Korea, North) (individual)
[FR Doc. 2017–21004 Filed 9–29–17; 8:45 am]
associated with the Takata recall. [DPRK4].
BILLING CODE 4910–60–P
Jeffrey Giuseppe,
Designated pursuant to Section 1(a)(i)
of Executive Order 13810 of September
Acting Associate Administrator for
Enforcement.
20, 2017, ‘‘Imposing Additional
DEPARTMENT OF THE TREASURY Sanctions With Respect to North Korea’’
[FR Doc. 2017–21053 Filed 9–29–17; 8:45 am]
(Executive Order 13810) for operating in
BILLING CODE 4910–59–P Office of Foreign Assets Control
the financial services industry in North
Notice of OFAC Sanctions Actions Korea.
DEPARTMENT OF TRANSPORTATION 2. RYOM, Hui-bong (a.k.a. RYO’M,
AGENCY: Office of Foreign Assets Hu’i-pong), Dubai, United Arab
Pipeline and Hazardous Materials Control, Treasury. Emirates; DOB 18 Sep 1961; nationality
Safety Administration ACTION: Notice. Korea, North; Gender Male; Passport
745120026 (Korea, North) (individual)
[Docket No. PHMSA–2016–0016] SUMMARY: The Department of the [DPRK4].
Treasury’s Office of Foreign Assets Designated pursuant to Section 1(a)(i)
Pipeline Safety: Underground Natural Control (OFAC) is publishing the names
Gas Storage Facility Annual Report of Executive Order 13810 for operating
of one or more persons that have been in the financial services industry in
AGENCY: Pipeline and Hazardous placed on OFAC’s Specially Designated North Korea.
Materials Safety Administration Nationals and Blocked Persons List 3. PAK, Mun Il (a.k.a. PAK, Mun-il),
(PHMSA), DOT. based on OFAC’s determination that one Yanji, China; DOB 01 Jan 1965;
ACTION: Notice of OMB approval.
or more applicable legal criteria were nationality Korea, North; Gender Male;
satisfied. All property and interests in Passport 563335509 expires 27 Aug
SUMMARY: The Pipeline and Hazardous property subject to U.S. jurisdiction of 2018; Korea Daesong Bank official
Materials Safety Administration these persons are blocked, and U.S. (individual) [DPRK4].
(PHMSA) Office of Pipeline Safety persons are generally prohibited from Designated pursuant to Section 1(a)(i)
(OPS) is announcing OMB approval of engaging in transactions with them. of Executive Order 13810 for operating
the annual report for Underground DATES: See SUPPLEMENTARY INFORMATION in the financial services industry in
Natural Gas Storage Facilities. section. North Korea.
DATES: Operators should submit the first FOR FURTHER INFORMATION CONTACT: 4. HO, Yong Il (a.k.a. HO’, Yo’ng-il),
annual report form for the 2017 calendar OFAC: Associate Director for Global Dandong, China; DOB 09 Sep 1968
year by March 15, 2018. Targeting, tel.: 202–622–2420; Assistant (individual) [DPRK4].
FOR FURTHER INFORMATION CONTACT: Director for Sanctions Compliance & Designated pursuant to Section 1(a)(i)
Crystal Stewart, Program Analyst, Office Evaluation, tel.: 202–622–2490; of Executive Order 13810 for operating
of Pipeline Safety Operations Systems Assistant Director for Licensing, tel.: in the financial services industry in
Division, at 202–366–1524 or by email 202–622–2480; or the Department of the North Korea.
at crystal.stewart@dot.gov. Treasury’s Office of the General 5. KANG, Min, Beijing, China; DOB
SUPPLEMENTARY INFORMATION: PHMSA Counsel: Office of the Chief Counsel 07 May 1980; nationality Korea, North;
regulations at 49 CFR 191.17 require (Foreign Assets Control), tel.: 202–622– Gender Male; Passport 563132918
sradovich on DSK3GMQ082PROD with NOTICES
each operator of an underground natural 2410. expires 04 Feb 2018; Korea Daesong
gas storage facility to submit an annual SUPPLEMENTARY INFORMATION: Bank representative (individual)
report on DOT PHMSA Form 7100.4–1 [DPRK4].
by March 15, for the preceding calendar Electronic Availability Designated pursuant to Section 1(a)(i)
year, except that the first annual report The Specially Designated Nationals of Executive Order 13810 for operating
must be submitted by July 18, 2017. and Blocked Persons List and additional in the financial services industry in
PHMSA extended the due date for the information concerning OFAC sanctions North Korea.
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Document Created: 2017-09-30 04:41:14
Document Modified: 2017-09-30 04:41:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Request for comment on the renewal of collection of information. | |
| Dates | Comments must be received on or before December 1, 2017. | |
| Contact | For further information, or for background documents, contact Stephen Hench, Office of Chief Counsel (NCC-0100), Room W41-229, NHTSA, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 202-366-2992. | |
| FR Citation | 82 FR 45941 |
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