[Federal Register Volume 65, Number 246 (Thursday, December 21, 2000)]
[Notices]
[Pages 80482-80483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32581]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Reports, Forms and Record Keeping Requirements; Agency 
Information Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Emergency Federal Register Notice.

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SUMMARY: The Department of Transportation has submitted the following 
request for emergency processing of a public information collection to 
the Office of Management and Budget for review and clearance under the 
Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35.) 
This notice announces that the Information Collection Request (ICR) 
abstracted below has been forwarded to the Office of Management and 
Budget (OMB) for review and comment. The ICR describes the nature of 
the information collections and their expected burden.
    Comments: Comments should be directed to the Office of Information 
and Regulatory Affairs, Office of Management and Budget, 725-17th 
Street, NW, Washington, DC 20503, Attention NHTSA Desk Officer.
    Type of Request: New.
    Form Number: This proposed collection of information would not use 
any standard forms.

DATES: OMB approval has been requested by January 30, 2001.

FOR FURTHER INFORMATION CONTACT: Steven Cohen, NHTSA 400 Seventh 
Street, SW., Rm 5219 (NCC-10), Washington, DC 20590. Telephone number: 
(202) 366-5263.

SUPPLEMENTARY INFORMATION:

National Highway Traffic Safety Administration

    Title: Criminal Penalty Safe Harbor Provision.
    OMB Control Number: None assigned.
    Frequency: We believe that there will be very few criminal 
prosecutions under section 30170, given its elements. Accordingly, it 
is not likely to be a substantial motivating force for a submission of 
a proper report. We estimate that no more than 9 persons a year would 
be subject to this new collection of information, and we do not 
anticipate receiving more than one report a year from any particular 
person.
    Affected Public: This collection of information would apply to any 
person who seeks a ``safe harbor'' from potential criminal liability 
under 49 U.S.C. 30170. Thus, the collection of information could apply 
to the manufacturers, any officers or employees thereof, and other 
persons who respond or have a duty to respond to an information 
provision requirement pursuant to 49 U.S.C. 30166 or a regulation, 
requirement, request or order issued thereunder.
    Abstract: NHTSA is publishing a rule related to ``reasonable time'' 
and sufficient manner of ``correction,'' as they apply to the safe 
harbor from criminal penalties, as required by Section 5 of the 
Transportation Recall Enhancement, Accountability, and Documentation 
(TREAD) Act (Pub. L. 106-414), enacted November 1, 2000.
    Estimated Annual Burden: Using the above estimate of 9 respondents 
a year, with an estimated two hours of preparation to collect and 
provide the information, at an assumed rate of $20 an hour, the annual, 
estimated cost of

[[Page 80483]]

collecting and preparing the information necessary for 9 complete 
``safe harbor'' corrections is about $360. Adding in a postage cost of 
$3.06 (9 reports at a cost of 34 cents to mail each one), we estimate 
that it will cost $363.06 a year for persons to prepare and submit the 
information necessary to satisfy the safe harbor provision of 49 U.S.C. 
30170.
    Since nothing in this rule would require those persons who submit 
reports pursuant to this rule to keep copies of any records or reports 
submitted to us, the cost imposed to keep records would be zero hours 
and zero costs.
    Number of Respondents: We estimate that there will be no more than 
9 per year.
    Summary of The Collection of Information: Any person seeking 
protection from criminal liability under 49 U.S.C. 30170 related to an 
improper report or failure to report pursuant to 49 U.S.C. 30166, or a 
regulation, requirement, request or order issued thereunder, will be 
required to report the following information to NHTSA: (1) each 
previous improper item of information or document and each failure to 
report that was required under 49 U.S.C. 30166, or a regulation, 
requirement, request or order issued thereunder, (2) the specific 
predicate under which each improper or omitted report should have been 
provided, and (3) the complete and correct reports, including all 
information that was improperly submitted or that should have been 
submitted and all relevant documents that were not previously submitted 
to NHTSA or, if the person cannot provide this, then a full detailed 
description of that information or of the content of those documents 
and the reason why the individual cannot provide them to NHTSA.

    Issued on: December 18, 2000.
Frank Seales, Jr.,
Chief Counsel.
[FR Doc. 00-32581 Filed 12-20-00; 8:45 am]
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