30day FRN

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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices
• 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but can be withdrawn at any time.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

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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
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.
AGENCY:

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

SUMMARY:

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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),

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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

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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

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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
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Denial of petition for a defect
investigation.
AGENCY:

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:
SUMMARY:

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

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