Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices 18469 

• Bullying is the use of force, threat, 

or coercion to abuse, intimidate or 

aggressively dominate others. The 

behavior is often repeated and habitual. 

One essential prerequisite is the 

perception, by the bully or by others, of 

an imbalance of social or physical 

power, which distinguishes bullying 

from conflict. 

• Consent means clear words or overt 

acts by a competent person indicating 

freely given agreement to engage in 

mutually agreed upon sexual conduct. 

An expression of refusal through words 

or conduct means there is no consent. 

Consent may not be inferred from 

silence, passivity, or lack of resistance 

alone. Consent to one form of sexual 

activity does not imply consent to other 

forms of sexual activity, and the 

existence of a current or previous dating 

or sexual relationship is not sufficient to 

constitute consent to additional sexual 

activity. Consent may be initially given 

but can be withdrawn at any time. 

Æ Consent cannot be given when a 

person is incapacitated, which occurs 

when an individual lacks the ability to 

knowingly choose to participate in 

sexual activity. Incapacitation may be 

caused by the lack of consciousness, 

being asleep, being involuntarily 

restrained, or being coerced or 

intimidated. Depending on the degree of 

intoxication, an individual who is under 

the influence of alcohol, drugs, or other 

intoxicants, may be incapacitated and, 

therefore, unable to consent. 

• Sexual Exploitation occurs when a 

person takes non-consensual or abusive 

sexual advantage of another person for 

their own advantage or benefit or for the 

advantage or benefit of anyone else. 

Examples of sexual exploitation include 

but are not limited to the following: 

Æ Voyeurism (such as watching or 

taking pictures, videos, or audio 

recordings of another person engaging 

in a sexual act, in a state of undress, or 

in a place and time where such person 

has the reasonable expectation of 

privacy, such as a changing room, toilet, 

bathroom, or shower, each without the 

affirmative consent of all parties); 

Æ Disseminating, streaming, or 

posting pictures or video of another in 

a state of undress or of a sexual nature 

without the person’s affirmative 

consent; 

Æ Exposing one’s genitals to another 

person without affirmative consent; or 

Æ Knowingly exposing another 

individual to a sexually transmitted 

infection or virus without the other 

individual’s knowledge. 

• Retaliation (sometimes referred to 

as reprisal) means taking or threatening 

to take any adverse action taken against 

an individual for making a good faith 

report of conduct prohibited under the 

organization’s Policy, or for 

participating in any investigation or 

proceeding resulting from such a report. 

Retaliation includes threatening, 

intimidating, harassing, or any other 

conduct that would discourage a 

reasonable person from making a report, 

or from participating in proceedings 

related to such a report. Examples of 

retaliation include, but are not limited, 

to the following: 

Æ Disadvantaging or restricting a 

person in their status as an employee or 

cadet, or in their ability to gain benefits 

or opportunities available at the 

organization or the USMMA; 

Æ Precluding a person from filing a 

report of prohibited conduct; 

Æ Pressuring someone to drop or not 

support a complaint, or to provide 

incomplete, false, or misleading 

information; or 

Æ Adversely altering the educational 

or work environment of someone who 

has r participated in the complaint 

process. 

By order of the Acting Maritime 

Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2022–06672 Filed 3–29–22; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0068] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Request for Comment; 

Petitions for Hearings on Notification 

and Remedy of Defects 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice and request for 

comments on a request for extension of 

a currently approved information 

collection. 

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 

ICR is for a request for extension of 

NHTSA’s currently approved 

information collection for petitions for 

hearings on notification and remedy of 

defects. A Federal Register Notice with 

a 60-day comment period soliciting 

comments on the ICR was published on 

January 18, 2022. No comments were 

received. 

DATES: Comments must be submitted on 

or before April 29, 2022. 

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 

www.reginfo.gov/public/do/PRAMain. 

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 

Nicholas LaBruna, Recall Management 

Division (NEF–107), Room W46–438, 

NHTSA, 1200 New Jersey Ave. SE, 

Washington, DC 20590. Telephone: 

(202) 366–1781. Please identify the 

relevant collection of information by 

referring to its OMB Control Number 

(2127–0039). 

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 OMB. 

Title: Petitions for Hearings on 

Notification and Remedy of Defects. 

OMB Control Number: 2127–0039. 

Form Numbers(s): N/A. 

Type of Request: Extension of a 

currently approved information 

collection. 

Type of Review Requested: Regular. 

Requested Expiration Date of 

Approval: 3 Years from the date of 

approval. 

Summary of the Collection of 

Information: NHTSA reviews filed 

complaints from vehicle owners and 

other information related to alleged 

defects or noncompliances to decide 

whether to open an investigation. 

Should a manufacturer determine or 

NHTSA decide, through testing, 

inspection, investigation or research, 

that a motor vehicle or motor vehicle 

equipment contains a defect related to 

motor vehicle safety or does not comply 

with an applicable Federal motor 

vehicle safety standard (FMVSS), 


khammond on DSKJM1Z7X2PROD with NOTICES
18470 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices 

Section 30118 of title 49 of the United 

States Code requires the manufacturer of 

motor vehicles or replacement 

equipment to notify NHTSA, owners, 

purchasers, and dealers of the safety 

defect or noncompliance. Section 30120 

requires the manufacturer to remedy, 

without charge, the defect or noncompliance and specifies the ways in 

which a noncompliance or defect can be 

remedied. Sections 30118(e) and 

30120(e) of title 49 specify that any 

interested person may petition the 

Secretary of Transportation (NHTSA by 

delegation) to hold a hearing to 

determine whether a manufacturer of 

motor vehicles or motor vehicle 

equipment has reasonably met its 

obligation to notify owners, purchasers, 

and dealers of vehicles or equipment of 

a safety-related defect or noncompliance 

with a FMVSS in the manufacturer’s 

products and to remedy that defect or 

noncompliance. 

To implement these statutory 

provisions, NHTSA promulgated 49 

CFR part 557, Petitions for Hearings on 

Notification and Remedy of Defects. Part 

557 establishes procedures for the 

submission and disposition of petitions 

for hearings on the issues of whether the 

manufacturer has reasonably met its 

obligation to notify owners, purchasers, 

and dealers of safety-related defects or 

noncompliance, or to remedy such 

defect or noncompliance free of charge. 

Description of the Need for the 

Information and Proposed Use of the 

Information: Persons who believe that a 

manufacturer has been deficient in 

notifying owners, purchasers, or dealers 

of a safety related defect or 

noncompliance with FMVSS, or has not 

remedied the problem in accordance 

with statutory requirements, may 

petition the agency pursuant to 49 CFR 

part 557. The agency uses the 

information collected in the petition, 

and may use other information available 

to it, to determine whether a hearing is 

necessary to determine whether a 

manufacturer has reasonably met its 

obligation to notify owners, purchasers, 

and dealers of the safety defect or 

noncompliance with FMVSS, or to 

remedy that defect or noncompliance. 

Should the agency, on the basis of 

information provided at that hearing or 

other information, determine the 

manufacturer has not reasonably met its 

obligations, the agency orders the 

manufacturer to take specified action to 

bring itself into compliance with those 

obligations. 

60-Day Notice: A Federal Register 

notice with a 60-day comment period 

soliciting public comments on the 

following information collection was 

published on January 18, 2022 (87 FR 

2664). No comments were received. 

Affected Public: Businesses or other 

interested persons. 

Estimated Number of Respondents: 1 

respondent. 

Frequency: On occasion. 

Estimated Total Annual Burden 

Hours: 1 hour. 

When NHTSA last sought approval 

for the extension of this information 

collection, the agency estimated it 

would receive one petition a year and 

estimated that, with an estimated one 

hour of preparation time for each 

petition, the total annual burden for this 

collection would be 1 hour. The agency 

now believes that a more accurate 

estimate would be 0 petitions and 0 

burden hours each year, based on the 

agency not receiving of any such 

petitions submitted in recent years. 

However, NHTSA continues to estimate 

that the time to prepare a petition is 1 

hour and, to account for the possibility 

of receiving a petition in a given year, 

NHTSA estimates the total annual 

burden of this collection to be 1 hour (1 

petition × 1 hour to prepare). 

Estimated Total Annual Burden Cost: 

$7.95. 

NHTSA estimates that the only cost 

burden to respondents (i.e., petitioners) 

except for the time invested 

(opportunity cost) associated with the 

time to submit the petition will be 

postage costs. NHTSA estimates that 

each mailed response is estimated to 

cost $7.95 (priority flat rate envelope 

from USPS). Therefore, the total cost for 

the estimated 1 request per year is 

$7.95. 

Public Comments Invited: You are 

asked to comment on any aspects 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 

1351.29. 

Stephen Ridella, 

Director, Office of Defects Investigation, 

NHTSA. 

[FR Doc. 2022–06728 Filed 3–29–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2022–0029] 

Denial of Motor Vehicle Defect Petition, 

DP21–005 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Denial of petition for a defect 

investigation. 

SUMMARY: This notice sets forth the 

reasons for the denial of a petition 

submitted on September 27, 2021, by 

Mr. James Lamb to NHTSA’s Office of 

Defects Investigation (ODI). The petition 

requests that the Agency initiate an 

investigation into alleged ‘‘defects in the 

2006 J1939 databus,’’ citing a 2016 

research paper published through the 

University of Michigan. On December 

23, 2021, NHTSA opened Defect 

Petition DP21–005 to evaluate the 

petitioner’s request. After reviewing the 

information provided by the petitioner 

regarding the alleged defect and 

conducting searches of complaints from 

vehicle owners, operators, and fleet 

supervisors, NHTSA has concluded that 

there is insufficient evidence to warrant 

further action at this time. Accordingly, 

the Agency has denied the petition. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ryan Rahimpour, Medium and HeavyDuty Vehicle Defects Division, Office of 

Defects Investigation, NHTSA, 1200 

New Jersey Ave. SE, Washington, DC 

20590 (telephone 202–366–8756). 

SUPPLEMENTARY INFORMATION: 

1.0 Introduction 

Pursuant to 49 CFR 552.1, interested 

persons may petition NHTSA requesting 

that the Agency initiate an investigation 

to determine whether a motor vehicle or 

item of replacement equipment fails to 

comply with applicable motor vehicle 

safety standards or contains a defect that 

relates to motor vehicle safety. 49 U.S.C. 

30162; 49 CFR part 552. Upon receipt of 

a properly filed petition, the Agency 

conducts a technical review of the 

petition, material submitted with the 

petition, and any additional 

information. 49 U.S.C. 30162(c); 49 CFR 


khammond on DSKJM1Z7X2PROD with NOTICES