SUPPLEMENTARY INFORMATION:

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 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.

Requested Expiration Date of Approval: Three years from date of approval.

Summary of the Collection of Information: The Transportation Recall Enhancement, Accountability, and Documentation (“TREAD”) Act (Pub. L. 106-414), codified at 49 U.S.C. 30170, establishes criminal liability for intentionally misleading the Secretary of Transportation (the “Secretary”) regarding safety-related vehicle or motor vehicle equipment defects that result in death or serious injury. Section 30170 also contains a “safe harbor” provision that would shield a person from criminal penalties if they lacked knowledge that the violation would cause death or serious bodily injury and if they correct any improper or missing reports to the Secretary (NHTSA by delegation) within a reasonable time. To implement this requirement, NHTSA published a final rule defining a “reasonable time” and a sufficient manner of “correction” for safe harbor eligibility. 66 FR 38380 (July 24, 2001). The rule is codified at 49 CFR 578.7.

To seek this safe harbor, a respondent must submit a signed, dated document to NHTSA 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. Additionally, respondents must submit complete and correct information and documents that were previously omitted or improperly submitted. If they cannot, they must 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: This statutorily mandated collection also advances NHTSA's mission. It allows NHTSA to accept information from persons seeking “safe harbor.” It further encourages the correction of violations and submission of 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 requests for protection from criminal prosecution and to aid in the identification of potential safety defects in motor vehicles and motor vehicle equipment.

60-Day Notice

A Federal Register notice with a comment period soliciting public comments on the following information collection was published on May 29, 2026 (91 FR 32193, Docket No. NHTSA-2026-1189).^[1] NHTSA received no comments.

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.

Estimated Number of Respondents: One.

Estimated Number of Annual Responses: One.

Frequency: As needed basis.

Estimated Total Annual Burden Hours: Two hours.

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 Motor Vehicle Manufacturing Industry is $69.84.^[2] The Bureau of Labor Statistics estimates that private industry workers' wages represent 69.9% of total labor compensation costs.^[3] Therefore, NHTSA estimates the hourly labor costs to be $99.91 for BLS Occupation code 11-0000. NHTSA likewise estimates the total labor cost associated with the two burden hours to be $199.82. Note that these numbers reflect a modest, non-material reduction in the estimated labor costs from the original notice: here, NHTSA used the wage data from the Motor Vehicle Manufacturing Industry instead of the Management of Companies and Enterprise Industry and also updated the numbers to account for more recently available data. Table 1 provides a summary of the estimated ( printed page 58526) burden hours and labor costs associated with those submissions.

Estimated Total Annual Burden Cost: $12.90

Assuming the respondent uses the U.S. Postal Service, NHTSA estimates that each mailed response is estimated to cost $12.90 (priority flat rate envelope from USPS). Accordingly, NHTSA estimates the total annual costs for this information collection to be $12.90 (1 submission × $12.90). If the respondent emails the report to NHTSA, the cost may be less than $12.90.

Public Comments Invited: You are asked to comment on any aspect 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.

91 FR 58524