Record Retention -- 49 CFR Part 576

Forms and Documents

Document Name	Status
2127-0042 Supporting Statements_OMB_09092019 REV.docx Supporting Statement A	2019-09-11

IC Document Collections

IC ID	Document Title	Status
26167	Record Retention -- 49 CFR Part 576 -Vehicle and Equipment Manufacturers	Modified
237111	Record Retention -- 49 CFR Part 576 - Death Reports	New

ICR Details

OMB Control No: 2127-0042	ICR Reference No: 201907-2127-002
Status: Active	Previous ICR Reference No: 201409-2127-001
Agency/Subagency: DOT/NHTSA	Agency Tracking No:
Title: Record Retention -- 49 CFR Part 576
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 09/12/2019
	Date Received in OIRA: 08/01/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2022	36 Months From Approved
Responses	1,020	0	0
Time Burden (Hours)	40,020	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This collection is mandatory for all vehicle and equipment manufacturers to respond. 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). NHTSA normally becomes aware of possible safety-related defects because it receives consumer complaints. If the manufacturer did not retain its records, NHTSA would be unable to enforce the statutory requirements that the manufacturer notify the agency and other persons of a safety-related defect when the manufacturer “learns” of the defect, and notify the agency and other persons of a noncompliance when it “decides in good faith” that the noncompliance exists. Without access to the manufacturer’s records, it would be impossible for anyone other than the manufacturer to show when or if that manufacturer had obtained knowledge of a potential defect or had determined in good faith that the noncompliance did or did not exist. Without access to manufacturers’ records, NHTSA’s examinations of potential defects and noncompliance would be seriously handicapped. NHTSA could conduct surveys of vehicle owners or use other means to learn of problems with vehicles and equipment, but any of these other methods would require significantly more information collections by the agency and necessitate a larger staff of the agency’s Office of Defect Investigations. The frequency the record retention is a needed. This submission is a reinstatement without change of a previously approved collection.

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Authorizing Statute(s): US Code: 49 USC Chp 301 - 30165 Name of Law: Highway Safety
   US Code: 49 USC Chp 301 - 30166 (e) Name of Law: Highway Safety
   US Code: 49 USC Chp 301 - 30118 (a) (c) Name of Law: Highway Safety
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 15675	04/11/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 12322	04/01/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Record Retention -- 49 CFR Part 576 -Vehicle and Equipment Manufacturers
Record Retention -- 49 CFR Part 576 - Death Reports

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,020	0	0	-1,000	1,000	1,020
Annual Time Burden (Hours)	40,020	0	0	-40,000	40,000	40,020
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: This submission is a reinstatement of a previous approved collection without change.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/01/2019

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