Criminal Penalty Safe Harbor Provision

ICR 201610-2127-001

OMB: 2127-0609

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2016-10-04
Supplementary Document
2013-08-07
IC Document Collections
IC ID
Document
Title
Status
26312
Unchanged
ICR Details
2127-0609 201610-2127-001
Historical Active 201308-2127-001
DOT/NHTSA
Criminal Penalty Safe Harbor Provision
Extension without change of a currently approved collection   No
Regular
Approved with change 02/21/2017
Retrieve Notice of Action (NOA) 10/06/2016
  Inventory as of this Action Requested Previously Approved
02/29/2020 36 Months From Approved 02/28/2017
1 0 1
2 0 2
0 0 0

Section 5 of the Transportation Recall Enhancement, Accountability, and Documentation ("TREAD") Act (Pub. L. No. 106-414) establishes 49 U.S.C. § 30170, which 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. It 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 within a reasonable time. The Secretary is required to establish by regulation what constitutes a “reasonable time” and a sufficient manner of “correction.” This collection of information is necessary because it has been statutorily-mandated. In addition, this information collection supports the Department of Transportation’s strategic goal in safety by working towards the elimination of transportation related deaths and injuries.

PL: Pub.L. 106 - 414 5 Name of Law: Transportation Recall Enhancement Accountability and Document Act
  
None

Not associated with rulemaking

  81 FR 26312 05/02/2016
81 FR 61733 09/07/2016
No

1
IC Title Form No. Form Name
Criminal Penalty Safe Harbor Provision

  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 1 1 0 0 0 0
Annual Time Burden (Hours) 2 2 0 0 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No

$0
No
No
No
No
No
Uncollected
Jordan Stephens 202 366-8534

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
10/06/2016


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