30-Day FRN

2023-12478.pdf

Criminal Penalty Safe Harbor Provision

30-Day FRN

OMB: 2127-0609

Document [pdf]
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Federal Register / Vol. 88, No. 112 / Monday, June 12, 2023 / Notices

process certificate of waiver requests
from the public. To initially access the
web portal, the FAA requires
respondents to complete an Access
Request Form. This form requires the
respondent to provide the date, the
respondent’s name, telephone number,
and email address, to identify if the
respondent is a civil or public operator,
and to provide a general reason why
operating a UAS.
Respondents: UAS operators seeking
to a certificate of waiver under 14 CFR
91.903. Between 2023–2026, the FAA
estimates that it will receive a total of
5,105 certificate of waiver requests with
4,925 coming from public users and 180
coming from civil users. The FAA also
estimates that it will receive a total
2,572 requests to initially access the
web portal.
Frequency: The requested information
will need to be provided each time a
respondent requests a certificate of
waiver under Part 91 and the first time
that a respondent requests to access the
web portal.
Estimated Average Burden per
Response: The FAA estimates the
respondents will take an average of 15
minutes to complete the Access Request
Form and 120 minutes to request a
certificate of waiver.
Estimated Total Annual Burden:
3,283 hours for those completing
certificate of waiver requests. 214 hours
for those completing the Access Request
Form.
Issued in Washington, DC, on May 31,
2023.
Rahat Ali,
General Engineer, AJV–P22.
[FR Doc. 2023–12482 Filed 6–9–23; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0209]

Women of Trucking Advisory Board
(WOTAB); Notice of Public Meeting
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of public meeting.
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AGENCY:

This notice announces a
meeting of the WOTAB.
DATES: The meeting will be held on
Thursday, June 29, 2023, from 10 a.m.
to 4:30 p.m. ET. Requests for
accommodations for a disability must be
received by Friday, June 23. Requests to
submit written materials for
SUMMARY:

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consideration during the meeting must
be received no later than Friday, June
23.
ADDRESSES: The meeting will be held
virtually for its entirety. Please register
in advance of the meeting at
www.fmcsa.dot.gov/wotab. Copies of
WOTAB task statements and an agenda
for the entire meeting will be made
available at www.fmcsa.dot.gov/wotab at
least 1 week in advance of the meeting.
Once approved, copies of the meeting
minutes will be available at the website
following the meeting. You may visit
the WOTAB website at
www.fmcsa.dot.gov/wotab for further
information on the committee and its
activities.
FOR FURTHER INFORMATION CONTACT: Ms.
Shannon L. Watson, Designated Federal
Officer, WOTAB, FMCSA, 1200 New
Jersey Avenue SE, Washington, DC
20590, (202) 360–2925, [email protected].
Any committee-related request should
be sent to the person listed in this
section.
SUPPLEMENTARY INFORMATION:

other ancillary aids, please contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section by Friday,
June 23.
Oral comments from the public will
be heard during designated comment
periods at the discretion of the WOTAB
chair and Designated Federal Officer. To
accommodate as many speakers as
possible, the time for each commenter
may be limited. Speakers are requested
to submit a written copy of their
remarks for inclusion in the meeting
records and for circulation to WOTAB
members. All prepared remarks
submitted on time will be accepted and
considered as part of the record. Any
member of the public may present a
written statement to the committee at
any time.

I. Background
WOTAB was created under the
Federal Advisory Committee Act
(FACA) in accordance with section
23007(d)(1) of the Bipartisan
Infrastructure Law (BIL) (Pub. L. 117–
58), which requires the Federal Motor
Carrier Safety Administration (FMCSA)
to establish WOTAB. WOTAB will
review and report on policies that
provide education, training, mentorship,
and outreach to women in the trucking
industry and identify barriers and
industry trends that directly or
indirectly discourage women from
pursuing and retaining careers in
trucking.
WOTAB operates in accordance with
FACA under the terms of the WOTAB
charter, filed February 11, 2022.

National Highway Traffic Safety
Administration

II. Agenda
WOTAB will begin consideration of
Task 23–2, Ways to Expand Existing
Opportunities for Women in the
Trucking Industry. For this and all
topics considered by the committee,
FMCSA will include presentations by
Agency experts and those in the field
under discussion.
III. Public Participation
The meeting will be open to the
public via virtual platform. Advance
registration via the website is required.
DOT is committed to providing equal
access to this meeting for all
participants. If you need alternative
formats or services due to a disability,
such as sign language interpretation or

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Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023–12470 Filed 6–9–23; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

[Docket No. NHTSA–2022–0033]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; 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:

In compliance with the
Paperwork Reduction Act of 1995
(PRA), this notice announces that the
Information Collection Request (ICR)
summarized below will be submitted to
the Office of Management and Budget
(OMB) for review and approval. The ICR
describes the nature of the information
collection and its expected burden. This
collection of information for which
NHTSA intends to seek OMB approval
concerns NHTSA’s Criminal Penalty
Safe Harbor Provision. It is a
reinstatement of a previously approved
information collection. A Federal
Register Notice with a 60-day comment
period soliciting comments on the
following information collection was
published on June 29, 2022. No
comments were received.

SUMMARY:

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Federal Register / Vol. 88, No. 112 / Monday, June 12, 2023 / Notices
Comments must be submitted on
or before July 12, 2023.
ADDRESSES: 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.
FOR FURTHER INFORMATION CONTACT: For
additional information or access to
background documents, contact Daniel
Rabinovitz, Office of the Chief Counsel,
National Highway Traffic Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590, or
via email at [email protected].
Please identify the relevant collection of
information by referring to its OMB
Control Number (2127–0609).
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501 et seq.), a Federal
agency must receive approval from
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
information collection request will be
submitted to 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.
Length of Approval Requested: 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’’ provision
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

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DATES:

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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
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).
60-Day Notice: A Federal Register
notice with a 60-day comment period
soliciting public comments on the
following information collection was

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published on June 29, 2022 (87 FR
38822). No comments were received.
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.
Number of Responses: None.
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
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 $76.47.1 The
Bureau of Labor Statistics estimates that
private industry workers’ wages
represent 70.5% of total labor
compensation costs.2 Therefore, NHTSA
estimates the hourly labor costs to be
1 See National Industry-Specific Occupational
Employment and Wage Estimates, NAICS 336100—
Motor Vehicle Manufacturing, available at https://
www.bls.gov/oes/current/oes_nat.htm (accessed Jan.
27, 2023).
2 See Table 1. Employer Costs for Employee
Compensation by ownership (Sept. 2022), available
at https://www.bls.gov/news.release/ecec.t01.htm
(accessed Jan. 27, 2023).

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Federal Register / Vol. 88, No. 112 / Monday, June 12, 2023 / Notices

$109.24 for BLS Occupation code 11–
0000. NHTSA likewise estimates the
total labor cost associated with the two

burden hours to be $218.48. Table 1
provides a summary of the estimated

burden hours and labor costs associated
with those submissions.

TABLE 1—BURDEN ESTIMATES
Annual responses

Estimated
burden per
response
(hours)

Average
hourly
labor cost

Labor cost per
submission

Total burden
hours

Total labor
costs

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

2

$74.96

$109.24

2

$218.48

Estimated Total Annual Burden Cost:
$9.65.
Assuming the respondent uses the
U.S. Postal Service, NHTSA estimates
that each mailed response is estimated
to cost $9.65 (priority flat rate envelope
from USPS). Accordingly, NHTSA
estimates the total annual costs for this
information collection to be $9.65 (1
submission × $9.65). If the respondent
emails the report to NHTSA, the cost
may be less than $9.65.
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
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) 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
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
Authority: The Paperwork Reduction
Act of 1995; 44 U.S.C. chapter 35, as
amended; 49 CFR 1.49; and DOT Order
1351.29A.
K. John Donaldson,
Deputy Chief Counsel.
[FR Doc. 2023–12478 Filed 6–9–23; 8:45 am]

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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2023–0024]

Agency Information Collection
Activities; Notice and Request for
Comment; First Responder Incident
Advanced Reporting Program
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for
comments on a new information
collection.
AGENCY:

NHTSA invites public
comments about our intention to request
approval from the Office of Management
and Budget (OMB) for a new
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 on the First
Responder Incident Advanced
Reporting Program (FRIAR) in which
first responders (e.g., law enforcement,
fire department, and emergency medical
services) may submit information about
fatalities, injuries, or crashes that may
have been caused due to a motor vehicle
or equipment defect.
DATES: Comments must be submitted on
or before August 11, 2023.
ADDRESSES: You may submit comments
identified by the Docket No. NHTSA–
2023–0024 through any of the following
methods:
• Electronic submissions: Go to the
Federal eRulemaking Portal at http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: (202) 493–2251.
SUMMARY:

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• 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 http://
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 http://
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 Tanya
Topka, Office of Defects Investigation
(NEF–100), (202) 366–9590, National
Highway Traffic Safety Administration,
W48–336, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590.
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

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