81_FR_26396 81 FR 26312 - Reports, Forms and Record Keeping Requirements, Agency Information Collection Activity Under OMB Review

81 FR 26312 - Reports, Forms and Record Keeping Requirements, Agency Information Collection Activity Under OMB Review

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 84 (May 2, 2016)

Page Range26312-26313
FR Document2016-10201

Before a federal agency may collect certain information from the public, the agency must receive approval from the Office of Management and Budget (``OMB''). Under procedures established by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), before seeking OMB approval, federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatements of previously approved collections. In compliance with the Paperwork Reduction Act of 1995, this notice describes one collection of information for which NHTSA intends to seek OMB approval.

Federal Register, Volume 81 Issue 84 (Monday, May 2, 2016)
[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26312-26313]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10201]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0053]


Reports, Forms and Record Keeping Requirements, Agency 
Information Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Notice of proposed extension, without change, of a currently 
approved collection of information.

-----------------------------------------------------------------------

SUMMARY: Before a federal agency may collect certain information from 
the public, the agency must receive approval from the Office of 
Management and Budget (``OMB''). Under procedures established by the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), before 
seeking OMB approval, federal agencies must solicit public comment on 
proposed collections of information, including extensions and 
reinstatements of previously approved collections. In compliance with 
the Paperwork Reduction Act of 1995, this notice describes one 
collection of information for which NHTSA intends to seek OMB approval.

DATES: Comments must be submitted on or before July 1, 2016.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern 
Time, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Regardless of how you submit your comments, please be sure to 
mention the docket number of this document and cite OMB Clearance No. 
2127-0609, ``Criminal Penalty Safe Harbor Provision.''
    You may call the Docket at 202-366-9322.
    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 discussion 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).

FOR FURTHER INFORMATION CONTACT: Kerry Kolodziej, Office of the Chief 
Counsel, NCC-100, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-366-5263). 
Please identify the relevant collection of information by referring to 
OMB Clearance Number 2127-0609 ``Criminal Penalty Safe Harbor 
Provision.''

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, 
before an agency submits a proposed collection of information to OMB 
for approval, it must 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 regulations (at 5 CFR 
1320.8(d)), an agency must ask for public comment on the following:
    (i) 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;
    (ii) 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;
    (iii) how to enhance the quality, utility, and clarity of the 
information to be collected; and
    (iv) 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 requirements, NHTSA asks for public 
comment on the following proposed extension, without change, of a 
currently approved collection of information:

Criminal Penalty Safe Harbor Provision

    Type of Request--Extension, without change, of a currently approved 
collection.
    OMB Clearance Number--2127-0609.
    Form Number--This collection of information uses no standard forms.
    Requested Expiration Date of Approval--Three (3) years from the 
date of approval of the collection.
    Summary of the Collection of Information--Each person seeking safe 
harbor protection from criminal penalties under 49 U.S.C. 30170 related 
to an improper report or failure to report is required to submit the 
following information to NHTSA: (1) A signed and dated document that 
identifies (a) 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 
(b) the specific predicate under which the improper or omitted report 
should have been provided; and (2) 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 to NHTSA 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. See 49 U.S.C. 30170(a)(2) and 49 CFR 578.7; see also 66 FR 38380 
(July 24, 2001) (safe harbor final rule); 65 FR 81414 (Dec. 26, 2000) 
(safe harbor interim final rule).
    Description of the Need for the Information and Use of the 
Information--This information collection was mandated by Section 5 of 
the Transportation Recall Enhancement, Accountability, and 
Documentation Act, codified at 49 U.S.C. 30170(a)(2). The information 
collected will provide NHTSA with information the Agency should have 
received previously and will also promptly provide the Agency with 
correct information to do its analyses, such as, for example, 
conducting tests or drawing conclusions about possible safety-related 
defects. NHTSA anticipates using this information to help it to 
accomplish its statutory assignment of identifying safety-related 
defects in motor vehicles and motor vehicle equipment and, when 
appropriate, seeking safety recalls.
    Description of the Likely Respondents, Including Estimated Number 
and Proposed Frequency of Response to the

[[Page 26313]]

Collection of Information--This collection of information applies to 
any person who seeks a ``safe harbor'' from potential criminal 
liability for violating section 1001 of title 18 with respect to the 
reporting requirements of 49 U.S.C. 30166, with the specific intention 
of misleading the Secretary with respect to a safety-related defect in 
motor vehicles or motor vehicle equipment that caused death or serious 
bodily injury to an individual. Thus, the collection of information 
applies to the manufacturers, and any officers or employees thereof, 
who respond or have a duty to respond to an information provision 
requirement pursuant to 49 U.S.C. 30166 or a regulation, requirement, 
request or order issued thereunder.
    We believe that there will be very few criminal prosecutions under 
section 30170, given its elements. Since the safe harbor related rule 
has been in place, the Agency has not received any reports. 
Accordingly, the rule is not likely to be a substantial motivating 
force for a submission of a proper report. We estimate that no more 
than one person a year would invoke this new collection of information, 
and we do not anticipate receiving more than one report a year from any 
particular person.
    Estimate of the Total Annual Reporting and Recordkeeping Burdens 
Resulting from the Collection of Information--2 hours.
    As stated before, we estimate that no more than one person a year 
would be subject to this collection of information. Incrementally, we 
estimate that on average it will take no longer than two hours for a 
person to compile and submit the information we are requiring to be 
reported. Therefore, the total burden hours on the public per year is 
estimated to be a maximum of two hours.
    Since nothing in the rule requires those persons who submit reports 
pursuant to this rule to keep copies of any records or reports 
submitted to us, recordkeeping costs imposed would be zero hours and 
zero costs.

    Authority: 44 U.S.C. 3506; delegation of authority at 49 CFR 
1.95.

    Issued: April 21, 2016.
Paul A. Hemmersbaugh,
Chief Counsel.
[FR Doc. 2016-10201 Filed 4-29-16; 8:45 am]
 BILLING CODE 4910-59-P



                                                26312                            Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices

                                                  Issued in Washington, DC, on April 27,                  You may call the Docket at 202–366–                 currently approved collection of
                                                2016.                                                   9322.                                                 information:
                                                Amitabha Bose,                                            Note that all comments received will
                                                                                                                                                              Criminal Penalty Safe Harbor Provision
                                                Chief Counsel.                                          be posted without change to http://
                                                [FR Doc. 2016–10277 Filed 4–28–16; 11:15 am]            www.regulations.gov, including any                       Type of Request—Extension, without
                                                BILLING CODE 4910–06–P                                  personal information provided. Please                 change, of a currently approved
                                                                                                        see the Privacy Act discussion below.                 collection.
                                                                                                          Privacy Act: Anyone is able to search                  OMB Clearance Number—2127–0609.
                                                DEPARTMENT OF TRANSPORTATION                            the electronic form of all comments                      Form Number—This collection of
                                                                                                        received into any of our dockets by the               information uses no standard forms.
                                                National Highway Traffic Safety                         name of the individual submitting the                    Requested Expiration Date of
                                                Administration                                          comment (or signing the comment, if                   Approval—Three (3) years from the date
                                                                                                        submitted on behalf of an association,                of approval of the collection.
                                                [Docket No. NHTSA–2016–0053]                                                                                     Summary of the Collection of
                                                                                                        business, labor union, etc.). You may
                                                                                                                                                              Information—Each person seeking safe
                                                Reports, Forms and Record Keeping                       review DOT’s complete Privacy Act
                                                                                                                                                              harbor protection from criminal
                                                Requirements, Agency Information                        Statement in the Federal Register                     penalties under 49 U.S.C. 30170 related
                                                Collection Activity Under OMB Review                    published on April 11, 2000 (65 FR                    to an improper report or failure to report
                                                                                                        19477–78).                                            is required to submit the following
                                                AGENCY:  National Highway Traffic
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      information to NHTSA: (1) A signed and
                                                Safety Administration (NHTSA),
                                                                                                        Kerry Kolodziej, Office of the Chief                  dated document that identifies (a) each
                                                Department of Transportation.
                                                                                                        Counsel, NCC–100, National Highway                    previous improper report and each
                                                ACTION: Notice of proposed extension,
                                                                                                        Traffic Safety Administration, 1200 New               failure to report as required under 49
                                                without change, of a currently approved                 Jersey Avenue SE., Washington, DC
                                                collection of information.                                                                                    U.S.C. 30166, including a regulation,
                                                                                                        20590 (telephone: 202–366–5263).                      requirement, request or order issued
                                                SUMMARY:   Before a federal agency may                  Please identify the relevant collection of            thereunder, for which protection is
                                                collect certain information from the                    information by referring to OMB                       sought and (b) the specific predicate
                                                public, the agency must receive                         Clearance Number 2127–0609 ‘‘Criminal                 under which the improper or omitted
                                                approval from the Office of Management                  Penalty Safe Harbor Provision.’’                      report should have been provided; and
                                                and Budget (‘‘OMB’’). Under procedures                  SUPPLEMENTARY INFORMATION: Under the                  (2) the complete and correct information
                                                established by the Paperwork Reduction                  Paperwork Reduction Act of 1995,                      that was required to be submitted but
                                                Act of 1995 (44 U.S.C. 3501 et seq.),                   before an agency submits a proposed                   was improperly submitted or was not
                                                before seeking OMB approval, federal                    collection of information to OMB for                  previously submitted, including
                                                agencies must solicit public comment                    approval, it must publish a document in               relevant documents that were not
                                                on proposed collections of information,                 the Federal Register providing a 60-day               previously submitted to NHTSA or, if
                                                including extensions and reinstatements                 comment period and otherwise consult                  the person cannot do so, provide a
                                                of previously approved collections. In                  with members of the public and affected               detailed description of that information
                                                compliance with the Paperwork                           agencies concerning each proposed                     and/or the content of those documents
                                                Reduction Act of 1995, this notice                      collection of information. The OMB has                and the reason why the individual
                                                describes one collection of information                 promulgated regulations describing                    cannot provide them to NHTSA. See 49
                                                for which NHTSA intends to seek OMB                     what must be included in such a                       U.S.C. 30170(a)(2) and 49 CFR 578.7;
                                                approval.                                               document. Under OMB’s regulations (at                 see also 66 FR 38380 (July 24, 2001)
                                                DATES: Comments must be submitted on                    5 CFR 1320.8(d)), an agency must ask                  (safe harbor final rule); 65 FR 81414
                                                or before July 1, 2016.                                 for public comment on the following:                  (Dec. 26, 2000) (safe harbor interim final
                                                ADDRESSES: You may submit comments                        (i) Whether the proposed collection of              rule).
                                                to the docket number identified in the                  information is necessary for the proper                  Description of the Need for the
                                                heading of this document by any of the                  performance of the functions of the                   Information and Use of the
                                                following methods:                                      agency, including whether the                         Information—This information
                                                   • Federal eRulemaking Portal: Go to                  information will have practical utility;              collection was mandated by Section 5 of
                                                http://www.regulations.gov. Follow the                    (ii) the accuracy of the agency’s                   the Transportation Recall Enhancement,
                                                online instructions for submitting                      estimate of the burden of the proposed                Accountability, and Documentation Act,
                                                comments.                                               collection of information, including the              codified at 49 U.S.C. 30170(a)(2). The
                                                   • Mail: Docket Management Facility,                  validity of the methodology and                       information collected will provide
                                                U.S. Department of Transportation,                      assumptions used;                                     NHTSA with information the Agency
                                                West Building, Ground Floor, Rm. W12–                     (iii) how to enhance the quality,                   should have received previously and
                                                140, 1200 New Jersey Avenue SE.,                        utility, and clarity of the information to            will also promptly provide the Agency
                                                Washington, DC 20590.                                   be collected; and                                     with correct information to do its
                                                   • Hand Delivery or Courier: West                       (iv) how to minimize the burden of                  analyses, such as, for example,
                                                Building Ground Floor, Room W12–140,                    the collection of information on those                conducting tests or drawing conclusions
                                                1200 New Jersey Avenue SE., between                     who are to respond, including the use                 about possible safety-related defects.
                                                9 a.m. and 5 p.m. Eastern Time, Monday                  of appropriate automated, electronic,                 NHTSA anticipates using this
                                                                                                        mechanical, or other technological                    information to help it to accomplish its
srobinson on DSK5SPTVN1PROD with NOTICES




                                                through Friday, except Federal holidays.
                                                   • Fax: (202) 493–2251.                               collection techniques or other forms of               statutory assignment of identifying
                                                   Regardless of how you submit your                    information technology, e.g., permitting              safety-related defects in motor vehicles
                                                comments, please be sure to mention                     electronic submission of responses.                   and motor vehicle equipment and, when
                                                the docket number of this document and                    In compliance with these                            appropriate, seeking safety recalls.
                                                cite OMB Clearance No. 2127–0609,                       requirements, NHTSA asks for public                      Description of the Likely Respondents,
                                                ‘‘Criminal Penalty Safe Harbor                          comment on the following proposed                     Including Estimated Number and
                                                Provision.’’                                            extension, without change, of a                       Proposed Frequency of Response to the


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                                                                                 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices                                            26313

                                                Collection of Information—This                          DEPARTMENT OF THE TREASURY                            AdvisoryBoard@cdfi.treas.gov. Other
                                                collection of information applies to any                                                                      information regarding the CDFI Fund
                                                person who seeks a ‘‘safe harbor’’ from                 Community Development Financial                       and its programs may be obtained
                                                potential criminal liability for violating              Institutions Fund                                     through the CDFI Fund’s Web site at
                                                section 1001 of title 18 with respect to                                                                      http://www.cdfifund.gov.
                                                                                                        Community Development Advisory
                                                the reporting requirements of 49 U.S.C.                                                                       SUPPLEMENTARY INFORMATION: Section
                                                                                                        Board Meeting
                                                30166, with the specific intention of                                                                         104(d) of the Community Development
                                                misleading the Secretary with respect to                ACTION:   Notice of open meeting.                     Banking and Financial Institutions Act
                                                a safety-related defect in motor vehicles                                                                     of 1994 (12 U.S.C. 4703(d)) established
                                                or motor vehicle equipment that caused                  SUMMARY:    This notice announces an                  the Advisory Board. The charter for the
                                                death or serious bodily injury to an                    open meeting of the Community                         Advisory Board has been filed in
                                                                                                        Development Advisory Board (the                       accordance with the Federal Advisory
                                                individual. Thus, the collection of
                                                                                                        Advisory Board), which provides advice                Committee Act, as amended (5 U.S.C.
                                                information applies to the
                                                                                                        to the Director of the Community                      App.), and with the approval of the
                                                manufacturers, and any officers or                      Development Financial Institutions
                                                employees thereof, who respond or have                                                                        Secretary of the Treasury.
                                                                                                        Fund (CDFI Fund). The meeting will be                    The function of the Advisory Board is
                                                a duty to respond to an information                     open to the public via live webcast at
                                                provision requirement pursuant to 49                                                                          to advise the Director of the CDFI Fund
                                                                                                        https://www.treasury.gov/press-center/                (who has been delegated the authority to
                                                U.S.C. 30166 or a regulation,                           Video-Audio-Webcasts/Pages/                           administer the CDFI Fund) on the
                                                requirement, request or order issued                    Webcasts.aspx.                                        policies regarding the activities of the
                                                thereunder.                                             DATES: The meeting will be held from                  CDFI Fund. The Advisory Board does
                                                   We believe that there will be very few               9:00 a.m. to 4:00 p.m. Eastern Daylight               not advise the CDFI Fund on approving
                                                criminal prosecutions under section                     Time on Tuesday, May 17, 2016.                        or declining any particular application
                                                30170, given its elements. Since the safe               ADDRESSES: The Advisory Board                         for monetary or non-monetary awards.
                                                harbor related rule has been in place,                  meeting will be held in the Cash Room                 The Advisory Board shall meet at least
                                                the Agency has not received any reports.                at the U.S. Department of the Treasury                annually.
                                                Accordingly, the rule is not likely to be               located at 1500 Pennsylvania Avenue                      It has been determined that this
                                                a substantial motivating force for a                    NW., Washington, DC 20220.                            document is not a major rule as defined
                                                submission of a proper report. We                          Submission of Written Statements:                  in Executive Order 12291 and therefore
                                                estimate that no more than one person                   Participation in the discussions at the               regulatory impact analysis is not
                                                a year would invoke this new collection                 meeting will be limited to Advisory                   required. In addition, this document
                                                of information, and we do not anticipate                Board members, Department of the                      does not constitute a rule subject to the
                                                receiving more than one report a year                   Treasury staff, and certain invited                   Regulatory Flexibility Act (5 U.S.C.
                                                from any particular person.                             guests. Anyone who would like to have                 chapter 6).
                                                                                                        the Advisory Board consider a written                    In accordance with section 10(a) of
                                                   Estimate of the Total Annual                         statement must submit it by 5:00 p.m.                 the Federal Advisory Committee Act, 5
                                                Reporting and Recordkeeping Burdens                     Eastern Daylight Time on Thursday,                    U.S.C. App. 2 and the regulations
                                                Resulting from the Collection of                        May 5, 2016. Send paper statements to                 thereunder, Bill Luecht, Designated
                                                Information—2 hours.                                    Bill Luecht, Senior Advisor, Office of                Federal Officer of the Advisory Board,
                                                   As stated before, we estimate that no                Legislative and External Affairs, CDFI                has ordered publication of this notice
                                                more than one person a year would be                    Fund, 1500 Pennsylvania Avenue NW.,                   that the Advisory Board will convene an
                                                subject to this collection of information.              Washington, DC 20220. Send electronic                 open meeting which will be held in the
                                                Incrementally, we estimate that on                      statements to AdvisoryBoard@                          Cash Room at the U.S. Department of
                                                average it will take no longer than two                 cdfi.treas.gov.                                       the Treasury located at 1500
                                                                                                           In general, the CDFI Fund will make                Pennsylvania Avenue NW., Washington,
                                                hours for a person to compile and
                                                                                                        all statements available in their original            DC 20220, from 9:00 a.m. to 4:00 p.m.
                                                submit the information we are requiring
                                                                                                        format, including any business or                     Eastern Daylight Time on Tuesday, May
                                                to be reported. Therefore, the total
                                                                                                        personal information provided such as                 17, 2016. The room will accommodate
                                                burden hours on the public per year is                  names, addresses, email addresses, or                 up to 50 members of the public on a
                                                estimated to be a maximum of two                        telephone numbers, for public                         first-come, first-served basis.
                                                hours.                                                  inspection and photocopying at the                       Because the meeting will be held in
                                                   Since nothing in the rule requires                   CDFI Fund. The CDFI Fund is open on                   a secure federal building, members of
                                                those persons who submit reports                        official business days between the hours              the public who wish to attend the
                                                pursuant to this rule to keep copies of                 of 9:00 a.m. and 5:00 p.m. You can make               meeting must register in advance. The
                                                any records or reports submitted to us,                 an appointment to inspect statements by               link to the online registration system
                                                recordkeeping costs imposed would be                    emailing AdvisoryBoard@cdfi.treas.gov.                can be found in the meeting
                                                zero hours and zero costs.                              All statements received, including                    announcement found at the top of
                                                                                                        attachments and other supporting                      www.cdfifund.gov/cdab. The
                                                  Authority: 44 U.S.C. 3506; delegation of
                                                                                                        materials, are part of the public record              registration deadline is 11:59 p.m.
                                                authority at 49 CFR 1.95.
                                                                                                        and subject to public disclosure. You                 Eastern Daylight Time on Tuesday, May
                                                  Issued: April 21, 2016.                               should only submit information that                   10, 2016. To register, each member of
srobinson on DSK5SPTVN1PROD with NOTICES




                                                Paul A. Hemmersbaugh,                                   you wish to make publicly available.                  the public must provide his/her full
                                                Chief Counsel.                                          FOR FURTHER INFORMATION CONTACT: Bill                 name as it appears on a government
                                                [FR Doc. 2016–10201 Filed 4–29–16; 8:45 am]             Luecht, Senior Advisor, Office of                     issued ID, date of birth, and Social
                                                BILLING CODE 4910–59–P
                                                                                                        Legislative and External Affairs, CDFI                Security Number. For entry into the
                                                                                                        Fund, 1500 Pennsylvania Avenue NW.,                   building on the date of the meeting,
                                                                                                        Washington, DC 20220, (202) 653–0322                  each attendee must present his/her
                                                                                                        (this is not a toll free number) or                   government issued ID, such as a driver’s


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Document Created: 2016-04-30 13:35:46
Document Modified: 2016-04-30 13:35:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of proposed extension, without change, of a currently approved collection of information.
DatesComments must be submitted on or before July 1, 2016.
ContactKerry Kolodziej, Office of the Chief Counsel, NCC-100, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-366-5263). Please identify the relevant collection of information by referring to OMB Clearance Number 2127-0609 ``Criminal Penalty Safe Harbor Provision.''
FR Citation81 FR 26312 

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