[Federal Register Volume 69, Number 116 (Thursday, June 17, 2004)]
[Notices]
[Pages 34004-34005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13610]


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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: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), 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. The Federal Register notice with a 60-day comment period was 
published on February 26, 2004 (69 FR 9015).
    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: Extension of a currently approved collection.
    Form Number: This collection of information uses no standard forms.

DATES: Comments must be submitted on or before July 19, 2004.

FOR FURTHER INFORMATION CONTACT: Michael Kido, National Highway Traffic 
Safety Administration, Office of the Chief Counsel (NCC-111), (202) 
366-5263, 400 Seventh Street, SW., Room 5219, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

National Highway Traffic Safety Administration

    Title: Criminal Penalty Safe Harbor Provision.
    OMB Control Number: 2127-0609.
    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 corrected report in response to an agency request for information. 
See Summary of the Collection of Information below. Based on our 
experience to date, we estimate that no more than 1 person per year 
would be subject to this 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 has published a final 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), which was enacted on November 1, 2000. 
65 FR 38380 (July 24, 2001).
    Estimated Annual Burden: Using the above estimate of 1 affected 
person a year, with an estimated two hours of preparation to collect 
and provide the information, at an assumed rate of $25 an hour, the 
annual, estimated cost of collecting and preparing the information 
necessary for 1 complete ``safe harbor'' corrections is about $50. 
Adding in a postage cost of $0.37 (1 report at a cost of 37 cents to 
mail each one), we estimate that it will cost $50.37 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 
1 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.

ADDRESSES: Send comments, within 30 days, to the Office of Information 
and Regulatory Affairs, Office of Management and Budget, 725-17th 
Street, NW., Washington, DC 20503, Attention NHTSA Desk Officer.

[[Page 34005]]

    Comments are invited on: Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Department, including whether the information will have practical 
utility; the accuracy of the Departments estimate of the burden of the 
proposed information collection; ways to enhance the quality, utility 
and clarity of the information to be collected; and ways to minimize 
the burden of the collection of information on respondents, including 
the use of automated collection techniques or other forms of 
information technology. A Comment to OMB is most effective if OMB 
receives it within 30 days of publication.

    Issued on June 10, 2004.
Jacqueline Glassman,
Chief Counsel.
[FR Doc. 04-13610 Filed 6-16-04; 8:45 am]
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