Exemption from Make Inoperative Prohibition Modifier Identification and Consumer Disclosure 49 CFR 595 Subpart C

Forms and Documents

Document	Type	Status	Availability
Supporting Statement - Part 595 SNPRM 12 28 20.docx	Supporting Statement A	Uploaded 2020-12-28	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
26344	Exemption from Make Inoperative Prohibition		Modified

ICR Details

OMB Control No: 2127-0635	ICR Reference No: 202012-2127-004
Status: Received in OIRA	Previous ICR Reference No: 201712-2127-003
Agency/Subagency: DOT/NHTSA	Agency Tracking No:
Title: Exemption from Make Inoperative Prohibition Modifier Identification and Consumer Disclosure 49 CFR 595 Subpart C
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/28/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	08/31/2021
Responses	4,000	5,283
Time Burden (Hours)	1,333	1,475
Cost Burden (Dollars)	0	0

---

Abstract: This is a request to revise a currently approved collection to add rental companies to the list of entities that are exempted from the make inoperative prohibition to modify vehicles for use by disabled drivers. NHTSA is proposing to permit rental car companies to make inoperative a knee bolster air bag, on a temporary basis, to permit the temporary installation of hand controls to accommodate persons with physical disabilities seeking to rent the vehicle, to require that they provide each customer for whom they modify a vehicle pursuant to this exemption with a list of the exemptions used to modify that vehicle, and to retain a copy of the document provided to the customer for five years. The purpose of this requirement is for the customer to be made aware that their rental vehicle is being modified in such a way that it may no longer comply with the Federal Motor Vehicle Safety Standards. The purpose of the document retention requirement is to facilitate enforcement by NHTSA in the event of potential violations of the terms of the make inoperative exemption in this proposal, and to facilitate the investigation and identification of vehicles in the event a subsequent safety problem arises that could relate to the manner in which the vehicles were modified. This revision would result in 1,333 additional burden hours associated with the collection.

---

Authorizing Statute(s): US Code: 49 USC Chapter 301, sec 30122 Name of Law: Motor Vehicle Safety
  

Citations for New Statutory Requirements: US Code: 49 USC Chapter 301, sec 30122 Name of Law: Motor Vehicle Safety

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2127-AL67	Proposed rulemaking	85 FR 84281	12/28/2020

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Exemption from Make Inoperative Prohibition

---

ICR Summary of Burden

	Total Request	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	4,000	5,283	0	-1,283	0	0
Annual Time Burden (Hours)	1,333	1,475	0	-142	0	0
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 is a request to revise a currently approved collection to add rental companies to the list of entities that are exempted from the make inoperative prohibition to modify vehicles for use by disabled drivers. Rental companies would be subject to similar requirements to those applicable to modifiers making permanent modifications related to disclosure of information and record retention. NHTSA has not proposed requiring modifiers to register with NHTSA. This revision would result in the addition of 1,333 burden hours to the collection.

---

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? No

---

Common Form ICR:  No

---

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: 12/28/2020

---