Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Request for Comment; Information Collection Request: Criminal Penalty Safe Harbor Provision

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Request for Comment; Information Collection Request: Criminal Penalty Safe Harbor Provision

Publication: Federal Register
Agency: National Highway Traffic Safety Administration
Byline: K. John Donaldson
Date: 12 June 2023
Subjects: American Government

, Crime, Safety

[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Notices]
[Pages 38122-38124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12478]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0033]

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: In compliance with the Paperwork Reduction Act of 1995 (PRA),
this notice announces that the Information Collection Request (ICR)
summarized below will be submitted to the Office of Management and
Budget (OMB) for review and approval. The ICR describes the nature of
the information collection and its expected burden. This collection of
information for which NHTSA intends to seek OMB approval concerns
NHTSA's Criminal Penalty Safe Harbor Provision. It is a reinstatement
of a previously approved information collection. A Federal Register
Notice with a 60-day comment period soliciting comments on the
following information collection was published on June 29, 2022. No
comments were received.

[[Page 38123]]

DATES: Comments must be submitted on or before July 12, 2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection, including suggestions for reducing burden,
should be submitted to the Office of Management and Budget at
www.reginfo.gov/public/do/PRAMain. To find this particular information
collection, select ``Currently under Review--Open for Public Comment''
or use the search function.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Daniel Rabinovitz, Office of the Chief
Counsel, National Highway Traffic Safety Administration, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC
20590, or via email at Daniel.Rabinovitz@dot.gov. Please identify the
relevant collection of information by referring to its OMB Control
Number (2127-0609).

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), a
Federal agency must receive approval from OMB before it collects
certain information from the public and a person is not required to
respond to a collection of information by a Federal agency unless the
collection displays a valid OMB control number. In compliance with
these requirements, this notice announces that the following
information collection request will be submitted to 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.
Length of Approval Requested: 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'' provision 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).
60-Day Notice: A Federal Register notice with a 60-day comment
period soliciting public comments on the following information
collection was published on June 29, 2022 (87 FR 38822). No comments
were received.
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.
Number of Responses: None.
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 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 $76.47.\1\ The
Bureau of Labor Statistics estimates that private industry workers'
wages represent 70.5% of total labor compensation costs.\2\ Therefore,
NHTSA estimates the hourly labor costs to be

[[Page 38124]]

$109.24 for BLS Occupation code 11-0000. NHTSA likewise estimates the
total labor cost associated with the two burden hours to be $218.48.
Table 1 provides a summary of the estimated burden hours and labor
costs associated with those submissions.
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\1\ See National Industry-Specific Occupational Employment and
Wage Estimates, NAICS 336100--Motor Vehicle Manufacturing, available
at https://www.bls.gov/oes/current/oes_nat.htm (accessed Jan. 27,
2023).
\2\ See Table 1. Employer Costs for Employee Compensation by
ownership (Sept. 2022), available at https://www.bls.gov/news.release/ecec.t01.htm (accessed Jan. 27, 2023).

Table 1--Burden Estimates
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Estimated
burden per Average hourly Labor cost per Total burden Total labor
Annual responses response labor cost submission hours costs
(hours)
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1.................................................................. 2 $74.96 $109.24 2 $218.48
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Estimated Total Annual Burden Cost: $9.65.
Assuming the respondent uses the U.S. Postal Service, NHTSA
estimates that each mailed response is estimated to cost $9.65
(priority flat rate envelope from USPS). Accordingly, NHTSA estimates
the total annual costs for this information collection to be $9.65 (1
submission x $9.65). If the respondent emails the report to NHTSA, the
cost may be less than $9.65.
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 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) 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 appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; 49 CFR 1.49; and DOT Order 1351.29A.

K. John Donaldson,
Deputy Chief Counsel.
[FR Doc. 2023-12478 Filed 6-9-23; 8:45 am]
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