Notice2026-10648
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 29, 2026
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
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 renewal of a previously approved information collection.
Full Text
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<title>Federal Register, Volume 91 Issue 103 (Friday, May 29, 2026)</title>
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[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Notices]
[Pages 32193-32194]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10648]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2026-1189]
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
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for comments on a request for renewal of a
previously approved information collection.
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SUMMARY: 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 renewal of a
previously approved information collection.
DATES: Comments must be submitted on or before June 29, 2026.
ADDRESSES: You may submit comments identified by the Docket No. NHTSA-
2026-1189 through any of the following methods:
<bullet> Electronic submissions: Go to the Federal eRulemaking
Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions
for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> Mail or Hand Delivery: Docket Management, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, West Building, Suite W58-
213, 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) 366-9826 or (202) 366-9317 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided. Please see the Privacy Act heading
below.
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.). You may review DOT's
complete Privacy Act Statement, which DOT published in the Federal
Register on April 11, 2000 (65 FR 19477-78), or you may visit <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> or the street
address for DOT that is listed above. Follow the online instructions
for accessing dockets via the internet.
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 <a href="/cdn-cgi/l/email-protection#befadfd0d7dbd290ecdfdcd7d0d1c8d7cac4fedad1ca90d9d1c8"><span class="__cf_email__" data-cfemail="87c3e6e9eee2eba9d5e6e5eee9e8f1eef3fdc7e3e8f3a9e0e8f1">[email protected]</span></a>. 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 renewal 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: 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 the 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
[[Page 32194]]
protection from criminal prosecution and to aid in the identification
of potential safety defects in motor vehicles and motor vehicle
equipment.
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 Sec.
30170.
Estimated Number of Respondents: One.
Frequency: As needed basis.
Number of Responses: One.
Estimated Total Annual Burden Hours: Two hours annually.
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 $79.82.\1\ The
Bureau of Labor Statistics estimates that private industry workers'
wages represent 70.1% of total labor compensation costs.\2\ Therefore,
NHTSA estimates the hourly labor costs to be $113.87 for BLS Occupation
code 11-0000. NHTSA likewise estimates the total labor cost associated
with the two burden hours to be $227.74. Table 1 provides a summary of
the estimated burden hours and labor costs associated with those
submissions.
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\1\ See Occupational Employment and Wage Statistics--Industry:
Motor Vehicle Manufacturing (May 2024), available at <a href="https://data.bls.gov/oes/#/industry/336100">https://data.bls.gov/oes/#/industry/336100</a> (accessed May 5, 2026).
\2\ See Table 1. Employer Costs for Employee Compensation by
ownership (Dec. 2025), available at <a href="https://www.bls.gov/news.release/ecec.t01.htm">https://www.bls.gov/news.release/ecec.t01.htm</a> (accessed May 5, 2026).
Table 1--Burden Estimates
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Estimated
burden per Average hourly Labor cost per Total burden Total labor
Annual responses response labor cost submission hours costs
(hours)
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1.................................................................. 2 $79.82 $113.87 2 $227.74
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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 x $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.
Peter Simshauser,
Chief Counsel.
[FR Doc. 2026-10648 Filed 5-28-26; 8:45 am]
BILLING CODE P
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