Criminal Penalty Safe Harbor Provision

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.

The latest form for Criminal Penalty Safe Harbor Provision expires 2026-08-31 and can be found here.