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Agency Information Collection Activities; Notice and Request for Comment; Information Collection Request: Criminal Penalty Safe Harbor Provision Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Ann E. Carlson Date: 29 June 2022 Subjects: American Government  , Crime, Safety
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[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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