[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Notices]
[Pages 38822-38824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13933]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0033]


Agency Information Collection Activities; Notice and Request for 
Comment; Information Collection Request: Criminal Penalty Safe Harbor 
Provision

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

ACTION: Notice and request for comments on a request for reinstatement 
of a previously approved information collection.

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SUMMARY: The National Highway Traffic Safety Administration (NHTSA) 
invites public comments about our intention to request approval from 
the Office of Management and Budget (OMB) for reinstatement of a 
previously approved information collection. Before a Federal agency can 
collect certain information from the public, it must receive approval 
from OMB. Under procedures established by the Paperwork Reduction Act 
of 1995, before seeking OMB approval, Federal agencies must solicit 
public comment on proposed collections of information, including 
extensions and reinstatement of previously approved collections. This 
document describes a collection of information for which NHTSA intends 
to seek OMB approval regarding NHTSA's Criminal Penalty Safe Harbor 
Provision.

DATES: Comments must be submitted on or before August 29, 2022.

ADDRESSES: You may submit comments identified by the Docket No. NHTSA-
2022-0033 through any of the following methods:
     Electronic Submissions: Go to the Federal eRulemaking 
Portal at https://www.regulations.gov. Follow the online instructions 
for submitting comments.
     Fax: (202) 493-2251.
     Mail or Hand Delivery: Docket Management, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-
140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except on Federal holidays. To be sure someone is there to help 
you, please call (202) 366-9322 before coming.
    Instructions: All submissions must include the agency name and 
docket number for this notice. Note that all comments received will be 
posted without change to https://

[[Page 38823]]

www.regulations.gov, including any personal information provided. 
Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov or the street 
address listed above. Follow the online instructions for accessing the 
dockets via internet.

FOR FURTHER INFORMATION CONTACT: For additional information or access 
to background documents, contact Alexandra Cohen, Office of the Chief 
Counsel, (202) 366-5263, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, Washington, DC 20590. Please identify the relevant 
collection of information by referring to its OMB Control Number (2127-
0609).

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.), before an agency submits a proposed 
collection of information to OMB for approval, it must first 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 regulation (at 5 CFR 1320.8(d)), an agency must 
ask for public comment on the following: (a) 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; (b) 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; (c) how to enhance 
the quality, utility, and clarity of the information to be collected; 
and (d) 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 for public comments on the following proposed collection of 
information for which the agency is seeking approval from OMB.
    Title: Criminal Penalty Safe Harbor Provision.
    OMB Control Number: 2127-0609.
    Form Number(s): N/A.
    Type of Request: Request for reinstatement of a previously approved 
information collection.
    Type of Review Requested: Regular.
    Requested Expiration Date of Approval: 3 years from date of 
approval.
    Summary of the Collection of Information:
    Section 5 of the Transportation Recall Enhancement, Accountability, 
and Documentation (``TREAD'') Act (Pub. L. 106-414), codified at 49 
U.S.C. 30170, notes that 18 U.S.C. 1001 provides for criminal liability 
in circumstances where a person had the intention of misleading the 
Secretary of Transportation (Secretary) regarding safety-related 
defects in motor vehicles or motor vehicle equipment that caused death 
or serious bodily injury. Section 30170 also contains a ``safe harbor'' 
that allows a person to avoid criminal penalties if that person lacked 
knowledge at the time of the violation that the violation would result 
in an accident causing death or serious bodily injury and if that 
person corrects any improper reports or failure to report to the 
Secretary (NHTSA by delegation) within a reasonable time. As required 
by Section 5 of the TREAD Act, NHTSA published a final rule to 
implement the safe harbor provision and establish what constitutes a 
``reasonable time'' and a sufficient manner of ``correction,'' as they 
apply to the safe harbor from criminal penalties. 66 FR 38380 (July 24, 
2001). The rule is codified at 49 CFR 578.7.
    A respondent that seeks safe harbor under Sec.  30170 and 49 CFR 
578.7 must sign and submit to NHTSA a dated document identifying (1) 
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 (2) the 
specific predicate under which the improper or omitted report should 
have been provided. Respondents must submit 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, 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 (e.g., the information or documents are not in the 
individual's possession or control).
    Description of the Need for the Information and Proposed Use of the 
Information:
    Not only is this information collection required by statute, it 
also helps NHTSA further its mission. Without this information 
collection, NHTSA would not have a way to accept submissions from 
persons seeking ``safe harbor.'' This process serves to encourage 
persons to correct violations and submit corrections of any improper 
reports or failures to report, thereby increasing the likelihood of 
NHTSA receiving information about safety related defects.
    NHTSA anticipates using the information collection to evaluate a 
person's request for protection from criminal prosecution and to aid in 
the identification of potential safety defects in motor vehicles and 
motor vehicle equipment. However, no information has been collected 
since NHTSA issued the implementing regulation at 49 CFR 578.7 in an 
interim final rule on December 26, 2000 (65 FR 81419).
    Affected Public: Those affected are motor vehicle and motor vehicle 
equipment manufacturers, including officers or employees thereof, and 
other persons who respond to or have a duty to respond to an 
information collection pursuant to 49 U.S.C. 30166 or a regulation, 
requirement, request, or order issued thereunder. The information 
collection applies to persons who seek ``safe harbor'' under Sec.  
30170. In order to qualify, a respondent must (1) at the time of the 
violation, not know that the violation would result in an accident 
causing death or serious bodily injury; and (2) correct any improper 
reports or failure to report within a reasonable time.
    Estimated Number of Respondents: One.
    Frequency: As needed basis.
    Estimated Total Annual Burden Hours: Two hours annually.
    The agency has received no reports from entities since this 
information collection was first put into place. However, to account 
for the possibility of receiving submissions in the future, NHTSA 
estimates that one person per year will submit a report under this 
collection of information. NHTSA also estimates that a maximum of two 
hours would be needed to gather and provide the information. Thus, 
NHTSA estimates that two burden hours a year would be spent on this 
collection of information.
    To calculate the labor cost associated with submitting the 
collection of

[[Page 38824]]

information, NHTSA looked at wage estimates for the type of personnel 
involved with compiling and submitting the documents. NHTSA estimates 
the total labor costs associated with these burden hours by looking at 
the average wage for Management Occupations. The Bureau of Labor 
Statistics (BLS) estimates that the average hourly wage for Management 
Occupations (BLS Occupation code 11-0000) in the Management of 
Companies and Enterprises Industry is $74.96.\1\ The Bureau of Labor 
Statistics estimates that private industry workers' wages represent 70% 
of total labor compensation costs.\2\ Therefore, NHTSA estimates the 
hourly labor costs to be $106.33 for BLS Occupation code 11-0000. NHTSA 
likewise estimates the total labor cost associated with the two burden 
hours to be $212.66. Table 1 provides a summary of the estimated burden 
hours and labor costs associated with those submissions.
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    \1\ See May 2020 National Industry-Specific Occupational 
Employment and Wage Estimates, NAICS 336100--Motor Vehicle 
Manufacturing, available at https://www.bls.gov/oes/2020/may/naics4_336100.htm (accessed June 2022).
    \2\ See Table 1. Employer Costs for Employee Compensation by 
ownership (June. 2020), available at https://www.bls.gov/news.release/ecec.t01.htm (accessed June 2022).

                                            Table 1--Burden Estimates
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                                Estimated burden  Average hourly  Labor cost per   Total burden     Total labor
       Annual responses           per response      labor cost      submission         hours           costs
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1.............................  2 hours.........          $74.96         $106.33               2         $212.66
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    Estimated Total Annual Burden Cost: $8.95.
    Assuming the respondent uses the U.S. Postal Service, NHTSA 
estimates that each mailed response is estimated to cost $8.95 
(priority flat rate envelope from USPS). Accordingly, NHTSA estimates 
the total annual costs for this information collection to be $7.95 (1 
submission x $8.95). If the respondent emails the report to NHTSA, the 
cost may be less than $8.95.
    Public Comments Invited: You are asked to comment on any aspects of 
this information collection, including (a) 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; (b) the accuracy of the Department's estimate 
of the burden of the proposed information collection; (c) ways to 
enhance the quality, utility and clarity of the information to be 
collected; and (d) 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.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 
35, as amended; 49 CFR 1.49; and DOT Order 1351.29A.

Ann E. Carlson,
Chief Counsel.
[FR Doc. 2022-13933 Filed 6-28-22; 8:45 am]
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