
[Federal Register: August 19, 2010 (Volume 75, Number 160)]
[Notices]               
[Page 51329-51330]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au10-99]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection Request (ICR) abstracted below will be forwarded to the 
Office of Management and Budget (OMB) for review and comment. The ICR 
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 26, 2010 (75 FR 29487).
    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 September 20, 2010.

FOR FURTHER INFORMATION CONTACT: John Piazza, National Highway Traffic 
Safety Administration, Office of the Chief Counsel (NCC-111), (202) 
366-9511, 1200 New Jersey Avenue, SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

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 the lack of prosecutions 
under the statute to date. Accordingly, it is not likely to be a 
substantial motivating force for a submission of a corrected report in

[[Page 51330]]

response to an agency request for information. See Summary of the 
Collection of Information below. Based on our experience to date, we 
estimate that no more than one (1) person per year would be subject to 
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 would apply to any 
person who seeks a ``safe harbor'' from potential criminal liability 
under 49 U.S.C. 30170. Thus, the collection of information could apply 
to the manufacturers, any officers or employees thereof, and other 
persons 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: NHTSA has published a final rule related to ``reasonable 
time'' and sufficient manner of ``correction,'' as they apply to the 
safe harbor from criminal penalties, as required by Section 5 of the 
Transportation Recall Enhancement, Accountability, and Documentation 
(TREAD) Act (Pub. L. 106-414), which was enacted on November 1, 2000. 
65 FR 38380 (July 24, 2001).
    Estimated Annual Burden: Using the above estimate of one (1) 
affected person a year, with an estimated two (2) hours of preparation 
to collect and provide the information, at an assumed rate of $26.70 an 
hour, the annual, estimated cost of collecting and preparing the 
information necessary for one complete ``safe harbor'' correction is 
$53.40. Adding in a postage cost of $0.44 (one report at a cost of 44 
cents to mail each one), we estimate that it will cost $53.84 a year 
for persons to prepare and submit the information necessary to satisfy 
the safe harbor provision of 49 U.S.C. 30170.
    Since nothing in this rule would require those persons who submit 
reports pursuant to this rule to keep copies of any records or reports 
submitted to us, the cost imposed to keep records 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: Any person seeking 
protection from criminal liability under 49 U.S.C. 30170 related to an 
improper report or failure to report pursuant to 49 U.S.C. 30166, or a 
regulation, requirement, request or order issued thereunder, is and 
will be required to report the following information to NHTSA: (1) Each 
previous improper item of information or document and each failure to 
report that was required under 49 U.S.C. 30166, or a regulation, 
requirement, request or order issued thereunder, (2) the specific 
predicate under which each improper or omitted report should have been 
provided, and (3) the complete and correct reports, including all 
information that was improperly submitted or that should have been 
submitted and all relevant documents that were not previously submitted 
to NHTSA or, if the person cannot provide this, then a full detailed 
description of that information or of the content of those documents 
and the reason why the individual cannot provide them to NHTSA.

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.

    Issued on: August 12, 2010.
O. Kevin Vincent,
Chief Counsel.
[FR Doc. 2010-20574 Filed 8-18-10; 8:45 am]
BILLING CODE 4910-59-P

