Criminal Penalty Safe Harbor Provision

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2023-12478.pdf	Supplementary Document	Uploaded 2023-06-12	Repair queued
2023-12478.pdf	Supplementary Document	Uploaded 2023-06-12	Repair queued
Published 60-Day Notice.pdf	Supplementary Document	Uploaded 2023-05-09	Repair queued
Published 60-Day Notice.pdf	Supplementary Document	Uploaded 2023-05-09	Repair queued
2023-6-12 - Supporting Statements Part A Safe Harbor PRA.docx	Supporting Statement A	Uploaded 2023-06-12	Repair queued
2023-6-12 - Supporting Statements Part A Safe Harbor PRA.docx	Supporting Statement A	Uploaded 2023-06-12	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
26312	Criminal Penalty Safe Harbor Provision		Modified

ICR Details

OMB Control No: 2127-0609	ICR Reference No: 202305-2127-002
Status: Historical Active	Previous ICR Reference No: 201610-2127-001
Agency/Subagency: DOT/NHTSA	Agency Tracking No:
Title: Criminal Penalty Safe Harbor Provision
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/21/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 06/12/2023
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2026	36 Months From Approved
Responses	1	0	0
Time Burden (Hours)	2	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This information collection request (ICR) is to seek approval from the Office of Management and Budget (OMB) for reinstatement without modification of a previously approved information collection. This information collection is for reporting submitted on an as-needed basis. The reporting is required to obtain a benefit. 49 U.S.C. § 30170 allows a person to seek “safe harbor” from potential criminal liability for violating 18 U.S.C. § 1001 with respect to the reporting requirements of 49 U.S.C. § 30166. Respondents 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 § 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. NHTSA anticipates using the information collection to evaluate a person’s application 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 under this information collection since it was established in 2000. Since the last time NHTSA sought approval for this information collection notice, the total burden hours remain the same at two hours annually, and the total burden costs were revised to reflect a change in postage, resulting in a total of $9.65.

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Authorizing Statute(s): PL: Pub.L. 106 - 414 5 Name of Law: Transportation Recall Enhancement Accountability and Document Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 38822	06/29/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 38122	06/12/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

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

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ICR Summary of Burden

table that charts list of burden

	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	0	0	0	0	1
Annual Time Burden (Hours)	2	0	0	0	0	2
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $240

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 06/12/2023

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