60-day FRN

Published 60-Day Notice.pdf

Criminal Penalty Safe Harbor Provision

60-day FRN

OMB: 2127-0609

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38822

Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Notices

nature, see the section entitled Public
Participation.

Where do I go to read public comments,
and find supporting information?

FOR FURTHER INFORMATION CONTACT:

Go to the docket online at http://
www.regulations.gov, keyword search
MARAD–2022–0121 or visit the Docket
Management Facility (see ADDRESSES for
hours of operation). We recommend that
you periodically check the Docket for
new submissions and supporting
material.

James Mead, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE, Room W23–459,
Washington, DC 20590. Telephone 202–
366–5723, Email [email protected].
SUPPLEMENTARY INFORMATION: As
described in the application, the
intended service of the vessel SCOTT
FREE is:
—Intended Commercial Use of Vessel:
‘‘Overnight luxury pleasure time
charters for weeklong or greater
charter periods.’’
—Geographic Region Including Base of
Operations: ‘‘Maine, New Hampshire,
Massachusetts, Connecticut, Rhode
Island, New York (excluding New
York Harbor), New Jersey,
Pennsylvania, Delaware, Maryland,
Washington, DC, Virginia, North
Carolina, South Carolina, Georgia,
Florida.’’ (Base of Operations: Ft.
Lauderdale, FL)
—Vessel Length and Type: 107′ Motor
The complete application is available
for review identified in the DOT docket
as MARAD 2022–0121 at http://
www.regulations.gov. Interested parties
may comment on the effect this action
may have on U.S. vessel builders or
businesses in the U.S. that use U.S.-flag
vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR part
388, that the employment of the vessel
in the coastwise trade to carry no more
than 12 passengers will have an unduly
adverse effect on a U.S.-vessel builder or
a business that uses U.S.-flag vessels in
that business, MARAD will not issue an
approval of the vessel’s coastwise
endorsement eligibility. Comments
should refer to the vessel name, state the
commenter’s interest in the application,
and address the eligibility criteria given
in section 388.4 of MARAD’s
regulations at 46 CFR part 388.
Public Participation

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How do I submit comments?
Please submit your comments,
including the attachments, following the
instructions provided under the above
heading entitled ADDRESSES. Be advised
that it may take a few hours or even
days for your comment to be reflected
on the docket. In addition, your
comments must be written in English.
We encourage you to provide concise
comments and you may attach
additional documents as necessary.
There is no limit on the length of the
attachments.

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Will my comments be made available to
the public?
Yes. Be aware that your entire
comment, including your personal
identifying information, will be made
publicly available.
May I submit comments confidentially?
If you wish to submit comments
under a claim of confidentiality, you
should submit the information you
claim to be confidential commercial
information by email to SmallVessels@
dot.gov. Include in the email subject
heading ‘‘Contains Confidential
Commercial Information’’ or ‘‘Contains
CCI’’ and state in your submission, with
specificity, the basis for any such
confidential claim highlighting or
denoting the CCI portions. If possible,
please provide a summary of your
submission that can be made available
to the public.
In the event MARAD receives a
Freedom of Information Act (FOIA)
request for the information, procedures
described in the Department’s FOIA
regulation at 49 CFR 7.29 will be
followed. Only information that is
ultimately determined to be confidential
under those procedures will be exempt
from disclosure under FOIA.
Privacy Act
Anyone can 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.). For information on DOT’s
compliance with the Privacy Act, please
visit https://www.transportation.gov/
privacy.
(Authority: 49 CFR 1.93(a), 46 U.S.C. 55103,
46 U.S.C. 12121)
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2022–13903 Filed 6–28–22; 8:45 am]
BILLING CODE 4910–81–P

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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2022–0033]

Agency Information Collection
Activities; Notice and Request for
Comment; Information Collection
Request: Criminal Penalty Safe Harbor
Provision
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for
comments on a request for reinstatement
of a previously approved information
collection.
AGENCY:

The National Highway Traffic
Safety Administration (NHTSA) invites
public comments about our intention to
request approval from the Office of
Management and Budget (OMB) for
reinstatement of a previously approved
information collection. Before a Federal
agency can collect certain information
from the public, it must receive
approval from OMB. Under procedures
established by the Paperwork Reduction
Act of 1995, before seeking OMB
approval, Federal agencies must solicit
public comment on proposed
collections of information, including
extensions and reinstatement of
previously approved collections. This
document describes a collection of
information for which NHTSA intends
to seek OMB approval regarding
NHTSA’s Criminal Penalty Safe Harbor
Provision.
DATES: Comments must be submitted on
or before August 29, 2022.
ADDRESSES: You may submit comments
identified by the Docket No. NHTSA–
2022–0033 through any of the following
methods:
• Electronic Submissions: Go to the
Federal eRulemaking Portal at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail or Hand Delivery: Docket
Management, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building, Room W12–
140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except on Federal holidays. To
be sure someone is there to help you,
please call (202) 366–9322 before
coming.
Instructions: All submissions must
include the agency name and docket
number for this notice. Note that all
comments received will be posted
without change to https://
SUMMARY:

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Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Notices
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading 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) or you may visit https://
www.transportation.gov/privacy.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or the street
address listed above. Follow the online
instructions for accessing the dockets
via internet.
FOR FURTHER INFORMATION CONTACT: For
additional information or access to
background documents, contact
Alexandra Cohen, Office of the Chief
Counsel, (202) 366–5263, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, Washington, DC
20590. Please identify the relevant
collection of information by referring to
its OMB Control Number (2127–0609).
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), before an agency
submits a proposed collection of
information to OMB for approval, it
must first 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 regulation (at
5 CFR 1320.8(d)), an agency must ask
for public comment on the following: (a)
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;
(b) 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;
(c) how to enhance the quality, utility,
and clarity of the information to be
collected; and (d) 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

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requirements, NHTSA asks for public
comments on the following proposed
collection of information for which the
agency is seeking approval from OMB.
Title: Criminal Penalty Safe Harbor
Provision.
OMB Control Number: 2127–0609.
Form Number(s): N/A.
Type of Request: Request for
reinstatement of a previously approved
information collection.
Type of Review Requested: Regular.
Requested Expiration Date of
Approval: 3 years from date of approval.
Summary of the Collection of
Information:
Section 5 of the Transportation Recall
Enhancement, Accountability, and
Documentation (‘‘TREAD’’) Act (Pub. L.
106–414), codified at 49 U.S.C. 30170,
notes that 18 U.S.C. 1001 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. Section
30170 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 (NHTSA by delegation)
within a reasonable time. As required by
Section 5 of the TREAD Act, NHTSA
published a final rule to implement the
safe harbor provision and establish what
constitutes a ‘‘reasonable time’’ and a
sufficient manner of ‘‘correction,’’ as
they apply to the safe harbor from
criminal penalties. 66 FR 38380 (July
24, 2001). The rule is codified at 49 CFR
578.7.
A respondent that seeks safe harbor
under § 30170 and 49 CFR 578.7 must
sign and submit to NHTSA a dated
document identifying (1) 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 (2) the specific predicate
under which the improper or omitted
report should have been provided.
Respondents must submit 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, or, if the person
cannot do so, provide a detailed
description of that information and/or
the content of those documents and the

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38823

reason why the individual cannot
provide them to NHTSA (e.g., the
information or documents are not in the
individual’s possession or control).
Description of the Need for the
Information and Proposed Use of the
Information:
Not only is this information collection
required by statute, it also helps NHTSA
further its mission. Without this
information collection, NHTSA would
not have a way to accept submissions
from persons seeking ‘‘safe harbor.’’
This process serves to encourage
persons to correct violations and submit
corrections of any improper reports or
failures to report, thereby increasing the
likelihood of NHTSA receiving
information about safety related defects.
NHTSA anticipates using the
information collection to evaluate a
person’s request 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 since NHTSA issued
the implementing regulation at 49 CFR
578.7 in an interim final rule on
December 26, 2000 (65 FR 81419).
Affected Public: Those affected 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.
Estimated Number of Respondents:
One.
Frequency: As needed basis.
Estimated Total Annual Burden
Hours: Two hours annually.
The agency has received no reports
from entities since this information
collection was first put into place.
However, to account for the possibility
of receiving submissions in the future,
NHTSA estimates that one person per
year will submit a report under this
collection of information. NHTSA also
estimates that a maximum of two hours
would be needed to gather and provide
the information. Thus, NHTSA
estimates that two burden hours a year
would be spent on this collection of
information.
To calculate the labor cost associated
with submitting the collection of

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Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Notices

information, NHTSA looked at wage
estimates for the type of personnel
involved with compiling and submitting
the documents. NHTSA estimates the
total labor costs associated with these
burden hours by looking at the average
wage for Management Occupations. The
Bureau of Labor Statistics (BLS)
estimates that the average hourly wage

for Management Occupations (BLS
Occupation code 11–0000) in the
Management of Companies and
Enterprises Industry is $74.96.1 The
Bureau of Labor Statistics estimates that
private industry workers’ wages
represent 70% of total labor
compensation costs.2 Therefore, NHTSA
estimates the hourly labor costs to be

$106.33 for BLS Occupation code 11–
0000. NHTSA likewise estimates the
total labor cost associated with the two
burden hours to be $212.66. Table 1
provides a summary of the estimated
burden hours and labor costs associated
with those submissions.

TABLE 1—BURDEN ESTIMATES
Estimated burden per response

1 .........................................................

2 hours .............................................

Estimated Total Annual Burden Cost:
$8.95.
Assuming the respondent uses the
U.S. Postal Service, NHTSA estimates
that each mailed response is estimated
to cost $8.95 (priority flat rate envelope
from USPS). Accordingly, NHTSA
estimates the total annual costs for this
information collection to be $7.95 (1
submission × $8.95). If the respondent
emails the report to NHTSA, the cost
may be less than $8.95.
Public Comments Invited: You are
asked to comment on any aspects of this
information collection, including (a)
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;
(b) the accuracy of the Department’s
estimate of the burden of the proposed
information collection; (c) ways to
enhance the quality, utility and clarity
of the information to be collected; and
(d) 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.
Authority: The Paperwork Reduction
Act of 1995; 44 U.S.C. Chapter 35, as
amended; 49 CFR 1.49; and DOT Order
1351.29A.
Ann E. Carlson,
Chief Counsel.
[FR Doc. 2022–13933 Filed 6–28–22; 8:45 am]
BILLING CODE P

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Average
hourly
labor cost

Annual
responses

1 See May 2020 National Industry-Specific
Occupational Employment and Wage Estimates,
NAICS 336100—Motor Vehicle Manufacturing,

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$74.96

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2021–0016]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Notice and Request for
Comment; Countermeasures That
Work
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for public
comment on a reinstatement with
modification of a previously approved
collection of information.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995
(PRA), this notice announces that the
Information Collection Request (ICR)
abstracted below will be submitted to
the Office of Management and Budget
(OMB) for review. The ICR describes the
nature of the information collection and
its expected burden. The ICR is for a
reinstatement with modification of a
previously approved collection of
information to conduct a survey that
will inform the development of the 12th
edition of Countermeasures That Work
and structured interviews to populate
and update the 2nd edition of
Countermeasures At Work. A Federal
Register notice with a 60-day comment
period soliciting public comments on
the following information collection
was published on April 18, 2022.
NHTSA received no responses to the
notice.
DATES: Comments must be submitted on
or before July 29, 2022.
SUMMARY:

available at https://www.bls.gov/oes/2020/may/
naics4_336100.htm (accessed June 2022).

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Labor cost per
submission
$106.33

Total burden
hours
2

Total labor
costs
$212.66

Written comments and
recommendations for the proposed
information collection, including
suggestions for reducing burden, should
be submitted to the Office of
Management and Budget at
www.reginfo.gov/public/do/PRAMain.
To find this particular information
collection, select ‘‘Currently under
Review—Open for Public Comment’’ or
use the search function. Comments may
also be sent by mail to the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street NW, Washington, DC 20503,
Attention: Desk Officer for Department
of Transportation, National Highway
Traffic Safety Administration, or by
email at [email protected],
or fax: 202–395–5806.

ADDRESSES:

For
additional information or access to
background documents, contact Kristie
Johnson, Ph.D., Office of Behavioral
Safety Research (NPD–310), (202) 366–
2755, [email protected], National
Highway Traffic Safety Administration,
W46–498, 1200 New Jersey Avenue SE,
Washington, DC 20590. Please identify
the relevant collection of information by
referring to its OMB Control Number
2127–0727.

FOR FURTHER INFORMATION CONTACT:

Under the
PRA (44 U.S.C. 3501 et seq.), a Federal
agency must receive approval from the
Office of Management and Budget
(OMB) before it collects certain
information from the public and a
person is not required to respond to a
collection of information by a Federal
agency unless the collection displays a
valid OMB control number. In
compliance with these requirements,
this notice announces that the following

SUPPLEMENTARY INFORMATION:

2 See Table 1. Employer Costs for Employee
Compensation by ownership (June. 2020), available
at https://www.bls.gov/news.release/ecec.t01.htm
(accessed June 2022).

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