View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2127-0767
ICR Reference No:
202412-2127-008
Status:
Active
Previous ICR Reference No:
202309-2127-001
Agency/Subagency:
DOT/NHTSA
Agency Tracking No:
Title:
Whistleblower Program Forms
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
01/14/2025
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/19/2024
Terms of Clearance:
In accordance with 5 CFR 1320, this information collection is approved
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2028
36 Months From Approved
Responses
102
0
0
Time Burden (Hours)
791
0
0
Cost Burden (Dollars)
285,285
0
0
Abstract:
This information collection request (ICR) relates to three new forms necessary for the efficient operation of the National Highway Traffic Safety Administration’s (NHTSA) whistleblower program, as established by 49 U.S.C. § 30172 (the Whistleblower Act). The Whistleblower Act authorizes the Secretary of Transportation (the Secretary) to pay an award to eligible whistleblowers who voluntarily provide original information, if the information provided leads to the successful resolution of a covered action. The three forms are the WB-INFO form, the WB-AWARD form, and the WB-RELEASE form. All of the information collections are collected on an as-needed basis. One of the information collections is completely voluntary and the other two are voluntary, but required to receive a benefit. Under the final rule, a potential whistleblower is required to submit a WB-INFO form and to submit a WB-AWARD form in order to qualify for a whistleblower award. A potential whistleblower may choose to voluntarily submit the WB-RELEASE form. Only minor changes, for clarity, were made to the forms in the final rule. The WB-INFO form will be used to permit NHTSA and its staff to collect information from potential whistleblowers about themselves, their legal representatives, and their allegations relating to any potential violation of the Safety Act or regulation thereunder. If a potential whistleblower proceeds anonymously, the individual must have a legal representative. That legal representative will retain their client’s signed WB-INFO form. The WB-AWARD form will permit NHTSA to collect information relating to a claimant’s eligibility for an award. This will allow NHTSA’s Administrator to determine claims for whistleblower awards. The WB-RELEASE form will provide a means for the potential whistleblower to provide consent for NHTSA to disclose information which could reasonably be expected to reveal the identity of the potential whistleblower. Being able to disclose this information may allow NHTSA to open a public investigation or proceed more efficiently with an investigation into the potential whistleblower’s allegations. The likely respondents to the forms (the WB-INFO, the WB-AWARD, and the WB-RELEASE form) are those employees or contractors of motor vehicle manufacturers, part suppliers, and dealerships who wish to provide NHTSA with information relating to any potential motor vehicle defect, potential noncompliance, or any violation or alleged violation of any notification or reporting requirement of the Safety Act or regulation thereunder. The anticipated recipients of the WB-INFO, WB-AWARD and WB-RELEASE forms are those individuals at NHTSA who have a need to know the information. This may include attorneys in NHTSA’s Office of the Chief Counsel and staff in NHTSA’s Office of Enforcement.
Authorizing Statute(s):
US Code:
49 USC 30172
Name of Law: the Whistleblower Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
2127-AL85
Final or interim final rulemaking
89 FR 101952
12/17/2024
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
6
IC Title
Form No.
Form Name
Optional Private Counsel for Binding Nondisclosure Agreement
WB-AWARD-Individual with Legal Representative
NHTSA Form 1686
FORM WB-AWARD WHISTLEBLOWER AWARD APPLICATION
WB-INFO- Individual with Legal Representative
NHTSA Form 1684
FORM WB-INFO WHISTLEBLOWER SUBMISSION
WB-INFO-Individual
NHTSA Form 1684
FORM WB-INFO WHISTLEBLOWER SUBMISSION
WB-RELEASE-Individual
NHTSA Form 1685
FORM WB-RELEASE WHISTLEBLOWER RELEASE FORM
WB-RELEASE-Individual with Legal Representative
NHTSA Form 1685
FORM WB-RELEASE WHISTLEBLOWER RELEASE FORM
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
102
0
0
102
0
0
Annual Time Burden (Hours)
791
0
0
791
0
0
Annual Cost Burden (Dollars)
285,285
0
0
285,285
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
This is the implementation of a new program. NHTSA estimates that the burden hours will be 750 hours for the WB-INFO form, 11.25 hours for the WB-RELEASE form, 20 hours for the WB-AWARD form, and 10 hours for private counsel to review a binding nondisclosure agreement. The estimated annual burden hour total for this information collection is 791 hours (rounded).
Annual Cost to Federal Government:
$11,382
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Dan Rabinovitz 202 366-8534
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
12/19/2024
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