Reports, Forms and Recordkeeping Requirements, Agency Information Collection Activity Under OMB Review

Paul A. Hemmersbaugh
National Highway Traffic Safety Administration
7 September 2016

[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Notices]
[Pages 61733-61734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21426]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0053]


Reports, Forms and Recordkeeping Requirements, Agency Information 
Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the collection of 
information abstracted below will be forwarded to the Office of 
Management and Budget (OMB) for review and comment. The notice 
describes the nature of the information collection and its expected 
burden. The Federal Register Notice with a 60-day comment period was 
published on May 2, 2016 (81 FR 26312). No comments were received.

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 October 7, 2016.

FOR FURTHER INFORMATION CONTACT: Jordan Stephens, Office of the Chief 
Counsel, NCC-100, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-366-8534). 
Please identify the relevant collection of information by referring to 
OMB Clearance Number 2127-0609 ``Criminal Penalty Safe Harbor 
Provision.''

SUPPLEMENTARY INFORMATION: 
    Agency: 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 49 U.S.C. 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. See Summary of 
the Collection of Information below. We estimate that no more than one 
person a year would invoke 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 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.
    Abstract: This information collection was mandated by Section 5 of 
the Transportation Recall Enhancement, Accountability, and 
Documentation (TREAD) 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 
accomplish its statutory assignment of identifying safety-related 
defects in motor vehicles and motor vehicle equipment and, when 
appropriate, seeking safety recalls.
    Estimated Annual Burden: 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.
    Number of Respondents: We estimate that there will be no more than 
one per year.
    Summary of the Collection of Information: Each person seeking 
protection from criminal penalties under 49 U.S.C. 30170 related to an

[[Page 61734]]

improper report or failure to report is required to report 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).

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.
    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 Department's 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.

    Authority: 44 U.S.C. 3506; delegation of authority at 49 CFR 
1.95.

    Issued: August 30, 2016.
Paul A. Hemmersbaugh,
Chief Counsel.
[FR Doc. 2016-21426 Filed 9-6-16; 8:45 am]
 BILLING CODE 4910-59-P