38822 Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Notices 

nature, see the section entitled Public 

Participation. 

FOR FURTHER INFORMATION CONTACT: 

James Mead, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Room W23–459, 

Washington, DC 20590. Telephone 202– 

366–5723, Email James.Mead@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described in the application, the 

intended service of the vessel SCOTT 

FREE is: 

—Intended Commercial Use of Vessel: 

‘‘Overnight luxury pleasure time 

charters for weeklong or greater 

charter periods.’’ 

—Geographic Region Including Base of 

Operations: ‘‘Maine, New Hampshire, 

Massachusetts, Connecticut, Rhode 

Island, New York (excluding New 

York Harbor), New Jersey, 

Pennsylvania, Delaware, Maryland, 

Washington, DC, Virginia, North 

Carolina, South Carolina, Georgia, 

Florida.’’ (Base of Operations: Ft. 

Lauderdale, FL) 

—Vessel Length and Type: 107′ Motor 

The complete application is available 

for review identified in the DOT docket 

as MARAD 2022–0121 at http://

www.regulations.gov. Interested parties 

may comment on the effect this action 

may have on U.S. vessel builders or 

businesses in the U.S. that use U.S.-flag 

vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the employment of the vessel 

in the coastwise trade to carry no more 

than 12 passengers will have an unduly 

adverse effect on a U.S.-vessel builder or 

a business that uses U.S.-flag vessels in 

that business, MARAD will not issue an 

approval of the vessel’s coastwise 

endorsement eligibility. Comments 

should refer to the vessel name, state the 

commenter’s interest in the application, 

and address the eligibility criteria given 

in section 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

Public Participation 

How do I submit comments? 

Please submit your comments, 

including the attachments, following the 

instructions provided under the above 

heading entitled ADDRESSES. Be advised 

that it may take a few hours or even 

days for your comment to be reflected 

on the docket. In addition, your 

comments must be written in English. 

We encourage you to provide concise 

comments and you may attach 

additional documents as necessary. 

There is no limit on the length of the 

attachments. 

Where do I go to read public comments, 

and find supporting information? 

Go to the docket online at http://

www.regulations.gov, keyword search 

MARAD–2022–0121 or visit the Docket 

Management Facility (see ADDRESSES for 

hours of operation). We recommend that 

you periodically check the Docket for 

new submissions and supporting 

material. 

Will my comments be made available to 

the public? 

Yes. Be aware that your entire 

comment, including your personal 

identifying information, will be made 

publicly available. 

May I submit comments confidentially? 

If you wish to submit comments 

under a claim of confidentiality, you 

should submit the information you 

claim to be confidential commercial 

information by email to SmallVessels@

dot.gov. Include in the email subject 

heading ‘‘Contains Confidential 

Commercial Information’’ or ‘‘Contains 

CCI’’ and state in your submission, with 

specificity, the basis for any such 

confidential claim highlighting or 

denoting the CCI portions. If possible, 

please provide a summary of your 

submission that can be made available 

to the public. 

In the event MARAD receives a 

Freedom of Information Act (FOIA) 

request for the information, procedures 

described in the Department’s FOIA 

regulation at 49 CFR 7.29 will be 

followed. Only information that is 

ultimately determined to be confidential 

under those procedures will be exempt 

from disclosure under FOIA. 

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.). For information on DOT’s 

compliance with the Privacy Act, please 

visit https://www.transportation.gov/ 

privacy. 

(Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 

46 U.S.C. 12121) 

By Order of the Maritime Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2022–13903 Filed 6–28–22; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2022–0033] 

Agency Information Collection 

Activities; Notice and 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 reinstatement 

of a previously approved information 

collection. 

SUMMARY: The National Highway Traffic 

Safety Administration (NHTSA) invites 

public comments about our intention to 

request approval from the Office of 

Management and Budget (OMB) for 

reinstatement of a previously approved 

information collection. Before a Federal 

agency can collect certain information 

from the public, it must receive 

approval from OMB. Under procedures 

established by the Paperwork Reduction 

Act of 1995, before seeking OMB 

approval, Federal agencies must solicit 

public comment on proposed 

collections of information, including 

extensions and reinstatement of 

previously approved collections. This 

document describes a collection of 

information for which NHTSA intends 

to seek OMB approval regarding 

NHTSA’s Criminal Penalty Safe Harbor 

Provision. 

DATES: Comments must be submitted on 

or before August 29, 2022. 

ADDRESSES: You may submit comments 

identified by the Docket No. NHTSA– 

2022–0033 through any of the following 

methods: 

• Electronic Submissions: Go to the 

Federal eRulemaking Portal at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail or Hand Delivery: Docket 

Management, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Room W12– 

140, 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) 366–9322 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 https:// 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Notices 38823 

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading 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) or you may visit https://

www.transportation.gov/privacy. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov or the street 

address listed above. Follow the online 

instructions for accessing the dockets 

via internet. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or access to 

background documents, contact 

Alexandra Cohen, Office of the Chief 

Counsel, (202) 366–5263, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590. Please identify the relevant 

collection of information by referring to 

its OMB Control Number (2127–0609). 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), before an agency 

submits a proposed collection of 

information to OMB for approval, it 

must first 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 regulation (at 

5 CFR 1320.8(d)), an agency must ask 

for public comment on the following: (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) how to enhance the quality, utility, 

and clarity of the information to be 

collected; and (d) 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 

comments on the following proposed 

collection of information for which the 

agency is seeking approval from 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: 3 years from date of approval. 

Summary of the Collection of 

Information: 

Section 5 of the Transportation Recall 

Enhancement, Accountability, and 

Documentation (‘‘TREAD’’) Act (Pub. L. 

106–414), codified at 49 U.S.C. 30170, 

notes that 18 U.S.C. 1001 provides for 

criminal liability in circumstances 

where a person had the intention of 

misleading the Secretary of 

Transportation (Secretary) regarding 

safety-related defects in motor vehicles 

or motor vehicle equipment that caused 

death or serious bodily injury. Section 

30170 also contains a ‘‘safe harbor’’ that 

allows a person to avoid criminal 

penalties if that person lacked 

knowledge at the time of the violation 

that the violation would result in an 

accident causing death or serious bodily 

injury and if that person corrects any 

improper reports or failure to report to 

the Secretary (NHTSA by delegation) 

within a reasonable time. As required by 

Section 5 of the TREAD Act, NHTSA 

published a final rule to implement the 

safe harbor provision and establish what 

constitutes a ‘‘reasonable time’’ and a 

sufficient manner of ‘‘correction,’’ as 

they apply to the safe harbor from 

criminal penalties. 66 FR 38380 (July 

24, 2001). The rule is codified at 49 CFR 

578.7. 

A respondent that seeks safe harbor 

under § 30170 and 49 CFR 578.7 must 

sign and submit to NHTSA a dated 

document 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. 

Respondents must submit 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, 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 (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: 

Not only is this information collection 

required by statute, it also helps NHTSA 

further its mission. Without this 

information collection, NHTSA would 

not have a way to accept submissions 

from persons seeking ‘‘safe harbor.’’ 

This process serves to encourage 

persons to correct violations and submit 

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 a 

person’s request for protection from 

criminal prosecution and to aid in the 

identification of potential safety defects 

in motor vehicles and motor vehicle 

equipment. However, no information 

has been collected since NHTSA issued 

the implementing regulation at 49 CFR 

578.7 in an interim final rule on 

December 26, 2000 (65 FR 81419). 

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. In order to qualify, a 

respondent must (1) at the time of the 

violation, not know that the violation 

would result in an accident causing 

death or serious bodily injury; and (2) 

correct any improper reports or failure 

to report within a reasonable time. 

Estimated Number of Respondents: 

One. 

Frequency: As needed basis. 

Estimated Total Annual Burden 

Hours: Two hours annually. 

The agency has received no reports 

from entities since this information 

collection was first put into place. 

However, to account for the possibility 

of receiving submissions in the future, 

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 


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38824 Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Notices 

1See May 2020 National Industry-Specific 

Occupational Employment and Wage Estimates, 

NAICS 336100—Motor Vehicle Manufacturing, 

available at https://www.bls.gov/oes/2020/may/ 

naics4_336100.htm (accessed June 2022). 

2See Table 1. Employer Costs for Employee 

Compensation by ownership (June. 2020), available 

at https://www.bls.gov/news.release/ecec.t01.htm 

(accessed June 2022). 

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 $74.96.1 The 

Bureau of Labor Statistics estimates that 

private industry workers’ wages 

represent 70% of total labor 

compensation costs.2 Therefore, NHTSA 

estimates the hourly labor costs to be 

$106.33 for BLS Occupation code 11– 

0000. NHTSA likewise estimates the 

total labor cost associated with the two 

burden hours to be $212.66. Table 1 

provides a summary of the estimated 

burden hours and labor costs associated 

with those submissions. 

TABLE 1—BURDEN ESTIMATES

Annual 

responses Estimated burden per response 

Average 

hourly 

labor cost 

Labor cost per 

submission 

Total burden 

hours 

Total labor 

costs 

1 ......................................................... 2 hours ............................................. $74.96 $106.33 2 $212.66 

Estimated Total Annual Burden Cost: 

$8.95. 

Assuming the respondent uses the 

U.S. Postal Service, NHTSA estimates 

that each mailed response is estimated 

to cost $8.95 (priority flat rate envelope 

from USPS). Accordingly, NHTSA 

estimates the total annual costs for this 

information collection to be $7.95 (1 

submission × $8.95). If the respondent 

emails the report to NHTSA, the cost 

may be less than $8.95. 

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 

Department, including whether the 

information will have practical utility; 

(b) the accuracy of the Department’s 

estimate of the burden of the proposed 

information collection; (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 

automated collection techniques or 

other forms of information technology. 

Authority: The Paperwork Reduction 

Act of 1995; 44 U.S.C. Chapter 35, as 

amended; 49 CFR 1.49; and DOT Order 

1351.29A. 

Ann E. Carlson, 

Chief Counsel. 

[FR Doc. 2022–13933 Filed 6–28–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0016] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Notice and Request for 

Comment; Countermeasures That 

Work 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice and request for public 

comment on a reinstatement with 

modification of a previously approved 

collection of information. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 

(PRA), this notice announces that the 

Information Collection Request (ICR) 

abstracted below will be submitted to 

the Office of Management and Budget 

(OMB) for review. The ICR describes the 

nature of the information collection and 

its expected burden. The ICR is for a 

reinstatement with modification of a 

previously approved collection of 

information to conduct a survey that 

will inform the development of the 12th 

edition of Countermeasures That Work 

and structured interviews to populate 

and update the 2nd edition of 

Countermeasures At Work. A Federal 

Register notice with a 60-day comment 

period soliciting public comments on 

the following information collection 

was published on April 18, 2022. 

NHTSA received no responses to the 

notice. 

DATES: Comments must be submitted on 

or before July 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. Comments may 

also be sent by mail to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 725 

17th Street NW, Washington, DC 20503, 

Attention: Desk Officer for Department 

of Transportation, National Highway 

Traffic Safety Administration, or by 

email at oira_submission@omb.eop.gov, 

or fax: 202–395–5806. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or access to 

background documents, contact Kristie 

Johnson, Ph.D., Office of Behavioral 

Safety Research (NPD–310), (202) 366– 

2755, kristie.johnson@dot.gov, National 

Highway Traffic Safety Administration, 

W46–498, 1200 New Jersey Avenue SE, 

Washington, DC 20590. Please identify 

the relevant collection of information by 

referring to its OMB Control Number 

2127–0727. 

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 


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