[Federal Register Volume 69, Number 38 (Thursday, February 26, 2004)]
[Notices]
[Pages 9015-9016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4278]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2001-9779; Notice 2]


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

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice.

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SUMMARY: Before a Federal agency can collect certain information from 
the public, the agency must receive approval from the Office of 
Management and Budget (``OMB''). Under procedures established by the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), before 
seeking OMB approval, Federal agencies must solicit public comment on 
proposed collections of information, including extensions and 
reinstatements of previously approved collections. In compliance with 
the Paperwork Reduction Act of 1995, this notice describes one 
collection of information for which NHTSA intends to seek OMB approval.

DATES: Comments must be submitted on or before April 26, 2004.

ADDRESSES: Comments must refer to the docket number cited at the 
beginning of this notice and be submitted to Docket Management, Room 
PL-401, 400 Seventh Street, SW., Washington, DC 20590. Please identify 
the proposed collection of information for which a comment is provided 
by addressing its OMB Clearance Number. You may also submit your 
comments to the docket electronically. Documents may be filed 
electronically by logging onto the Docket Management System Web site at 
http://dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to 
obtain instructions for filing the document electronically.
    You may call Docket Management at 202-366-9324. You may visit the 
Docket from 10 a.m. to 5 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: For questions contact Michael Kido in 
the Office of the Chief Counsel at the National Highway Traffic Safety 
Administration, telephone (202) 366-5263. Please identify the relevant 
collection of information by referring to its OMB Clearance Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, 
before an agency submits a proposed collection of information to OMB 
for approval, it must 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 regulations (at 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 public comment on 
the following proposed collection of information:

[[Page 9016]]

Criminal Penalty Safe Harbor Provision

    Type of Request--Extension of clearance.
    OMB Clearance Number--2127-0609.
    Form Number--This collection of information uses no standard forms.
    Requested Expiration Date of Approval--Three (3) years from the 
date of approval of the collection.
    Summary of the Collection of Information--Each person seeking safe 
harbor protection from criminal penalties under 49 U.S.C. 30170 related 
to an improper report or failure to report is required to submit the 
following information to NHTSA: (1) A signed and dated document that 
identifies (a) each previous improper report and each failure to report 
as required under 49 U.S.C. 30166, including a regulation, requirement, 
request or order issued thereunder, for which protection is sought and 
(b) the specific predicate under which the improper or omitted report 
should have been provided; and (2) the complete and correct information 
that was required to be submitted but was improperly submitted or was 
not previously submitted, including relevant documents that were not 
previously submitted to NHTSA or, if the person cannot do so, provide a 
detailed description of that information and/or the content of those 
documents and the reason why the individual cannot provide them to 
NHTSA. See 49 U.S.C. 30170(a)(2) and 49 CFR 578.7. See also, 66 FR 
38380 (July 24, 2001) (safe harbor final rule) and 65 FR 81414 (Dec. 
26, 2000) (safe harbor interim final rule).
    Description of the Need for the Information and Use of the 
Information--This information collection was mandated by Section 5 of 
the Transportation Recall Enhancement, Accountability and Documentation 
Act, codified at 49 U.S.C. 30170(a)(2). The information collected will 
provide NHTSA with information the agency should have received 
previously and will also promptly provide the agency with correct 
information to do its analyses, such as, for example, conducting tests 
or drawing conclusions about possible safety-related defects. NHTSA 
anticipates using this information to help it to accomplish its 
statutory assignment of identifying safety-related defects in motor 
vehicles and motor vehicle equipment and, when appropriate, seeking 
safety recalls.
    Description of the Likely Respondents, Including Estimated Number 
and Proposed Frequency of Response to the Collection of Information--
This collection of information applies to any person who seeks a ``safe 
harbor'' from potential criminal liability for knowingly and willfully 
acting with the specific intention of misleading the Secretary by an 
act or omission that violates section 1001 of title 18 with respect to 
the reporting requirements of 49 U.S.C. 30166, regarding a safety-
related defect in motor vehicles or motor vehicle equipment that caused 
death or serious bodily injury to an individual. Thus, the collection 
of information applies to the manufacturers, and any officers or 
employees thereof, 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.
    We believe that there will be very few criminal prosecutions under 
section 30170, given its elements. In the past three years since the 
safe harbor related rule has been in place, the agency has not received 
any reports. Accordingly, it is not likely to be a substantial 
motivating force for a submission of a proper report. We estimate that 
no more than one such person a year would invoke this new collection of 
information, and we do not anticipate receiving more than one report a 
year from any particular person.
    Estimate of the Total Annual Reporting and Recordkeeping Burdens 
Resulting from the Collection of Information--2 hours.
    As stated before, we estimate that no more than one person a year 
would be subject to this new collection of information. Incrementally, 
we estimate that on average it will take no longer than two hours for a 
person to compile and submit the information we are requiring to be 
reported. Therefore, the total burden hours on the public per year is 
estimated to be a maximum of two hours.
    Since nothing in the rule requires those persons who submit reports 
pursuant to this rule to keep copies of any records or reports 
submitted to us, recordkeeping costs imposed would be zero hours and 
zero costs.

    Authority: 44 U.S.C. 3506; delegation of authority at 49 CFR 
1.50.

    Issued on: February 20, 2004.
Jacqueline Glassman,
Chief Counsel.
[FR Doc. 04-4278 Filed 2-25-04; 8:45 am]
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