
[Federal Register: May 26, 2010 (Volume 75, Number 101)]
[Proposed Rules]               
[Page 29487-29489]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my10-18]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 578

[Docket No. NHTSA-2010-0066]

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

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

ACTION: Notice of proposed extension, without change, of a currently 
approved collection of information.

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SUMMARY: Before a Federal agency can 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 26, 2010.

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

[[Page 29488]]

online instructions for submitting comments.
     Mail: Docket Management Facility, M-30, 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: For questions please contact Mr. John 
Piazza in the Office of the Chief Counsel at the National Highway 
Traffic Safety Administration, telephone (202) 366-9511. 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 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) and 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 Collection of Information--
This collection of information applies to any person who seeks a ``safe 
harbor'' from potential criminal liability for knowingly and willfully 
acting with the specific intention of misleading the Secretary by an 
act or omission that violates section 1001 of title 18 with respect to 
the reporting requirements of 49 U.S.C. 30166, regarding 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, it is not likely to be a substantial motivating force for 
a submission of a proper report. We estimate that no more than one such 
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.

[[Page 29489]]

    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 
1.50.

    Issued on: May 21, 2010.
O. Kevin Vincent,
Chief Counsel.
[FR Doc. 2010-12664 Filed 5-25-10; 8:45 am]
BILLING CODE 4910-59-P

