Notice2026-18867
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Request for Comment; 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
September 15, 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 seeks OMB approval concerns NHTSA's Criminal Penalty Safe Harbor Provision. NHTSA previously requested and received a three-year approval of this information collection. NHTSA now requests OMB's approval for a three-year reinstatement of this previously approved information collection. NHTSA published a notice on May 29, 2026 requesting comment on the reinstatement of this ICR. NHTSA received no public comments in response to the notice.
Full Text
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<title>Federal Register, Volume 91 Issue 177 (Tuesday, September 15, 2026)</title>
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[Federal Register Volume 91, Number 177 (Tuesday, September 15, 2026)]
[Notices]
[Pages 58524-58526]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18867]
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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; Criminal Penalty Safe Harbor Provision
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for comments on reinstatement 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 seeks OMB approval concerns NHTSA's
Criminal Penalty Safe Harbor Provision. NHTSA previously requested and
received a three-year approval of this information collection. NHTSA
[[Page 58525]]
now requests OMB's approval for a three-year reinstatement of this
previously approved information collection. NHTSA published a notice on
May 29, 2026 requesting comment on the reinstatement of this ICR. NHTSA
received no public comments in response to the notice.
DATES: Comments must be submitted on or before October 15, 2026.
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
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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 Michael Kuppersmith, Office of the
Chief Counsel, at <a href="/cdn-cgi/l/email-protection#89e4e0eae1e8ece5a7e2fcf9f9ecfbfae4e0fde1c9ede6fda7eee6ff"><span class="__cf_email__" data-cfemail="b7daded4dfd6d2db99dcc2c7c7d2c5c4dadec3dff7d3d8c399d0d8c1">[email protected]</span></a>, Telephone: (202) 366-
9957; Mailing address: U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590.
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.
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\1\ Due to an administrative error, the published notice
incorrectly provided a 30-day comment period, instead of providing
the full 60-day period required by the Paperwork Reduction Act
(PRA). NHTSA reopened the comment period to ensure the public
received the full 60 days to submit comments. 91 FR 47031 (July 27,
2026).
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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.
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
[[Page 58526]]
burden hours and labor costs associated with those submissions.
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\2\ See Occupational Employment and Wage Statistics--Industry:
Motor Vehicle Manufacturing (May 2025), available at <a href="https://data.bls.gov/oes/#/industry/336100">https://data.bls.gov/oes/#/industry/336100</a> (accessed August 27, 2026).
\3\ See Table 1. Employer Costs for Employee Compensation by
ownership (March 2026), available at <a href="https://www.bls.gov/news.release/ecec.t01.htm">https://www.bls.gov/news.release/ecec.t01.htm</a> (accessed August 27, 2026).
Table 1--Burden Estimates
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Estimated burden
Annual responses per response Average hourly Labor cost per Total burden hours Total labor costs
(hours) labor cost hour
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1................................................... 2 $69.84 $99.91 2 $199.82
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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. 2026-18867 Filed 9-14-26; 8:45 am]
BILLING CODE 4910-59-P
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