Reports, Forms and Record Keeping Requirements, Agency Information Collection Activity Under OMB Review |
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Paul A. Hemmersbaugh
National Highway Traffic Safety Administration
2 May 2016
[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26312-26313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10201]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0053]
Reports, Forms and Record Keeping Requirements, Agency
Information Collection Activity Under OMB Review
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of proposed extension, without change, of a currently
approved collection of information.
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SUMMARY: Before a federal agency may 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 July 1, 2016.
ADDRESSES: You may submit comments to the docket number identified in
the heading of this document by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern
Time, Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Regardless of how you submit your comments, please be sure to
mention the docket number of this document and cite OMB Clearance No.
2127-0609, ``Criminal Penalty Safe Harbor Provision.''
You may call the Docket at 202-366-9322.
Note that all comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act discussion 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).
FOR FURTHER INFORMATION CONTACT: Kerry Kolodziej, Office of the Chief
Counsel, NCC-100, National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-366-5263).
Please identify the relevant collection of information by referring to
OMB Clearance Number 2127-0609 ``Criminal Penalty Safe Harbor
Provision.''
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 for public
comment on the following proposed extension, without change, of a
currently approved collection of information:
Criminal Penalty Safe Harbor Provision
Type of Request--Extension, without change, of a currently approved
collection.
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); 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
[[Page 26313]]
Collection of Information--This collection of information applies to
any person who seeks a ``safe harbor'' from potential criminal
liability for violating section 1001 of title 18 with respect to the
reporting requirements of 49 U.S.C. 30166, with the specific intention
of misleading the Secretary with respect to 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. Since the safe harbor related rule
has been in place, the Agency has not received any reports.
Accordingly, the rule is not likely to be a substantial motivating
force for a submission of a proper report. We estimate that no more
than one 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 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
1.95.
Issued: April 21, 2016.
Paul A. Hemmersbaugh,
Chief Counsel.
[FR Doc. 2016-10201 Filed 4-29-16; 8:45 am]
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