Request for Information |
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Paul A. Hemmersbaugh
National Highway Traffic Safety Administration
15 April 2016
[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Notices]
[Pages 22367-22368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08831]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA--2016-0042]
Request for Information
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Request for information.
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SUMMARY: Section 24105 of the Fixing America's Surface Transportation
(FAST) Act, Public Law 114-94 (2015), requires NHTSA to implement a
two-year pilot program to evaluate the feasibility and effectiveness of
a State process for informing consumers of open motor vehicle recalls
at the time of motor vehicle registration. This notice requests
information from interested parties to help inform the agency's
approach as it moves forward to implement the pilot program.
DATES: Written comments should be submitted by: May 16, 2016.
ADDRESSES: Written comments may be submitted using any one of the
following methods:
Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Fax: Written comments may be faxed to (202) 493-2251.
Internet: To submit comments electronically, go to the
Federal regulations Web site at http://www.regulations.gov. Follow the
online instructions for submitting comments.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern Time,
Monday through Friday, except Federal holidays.
Instructions: All comments submitted in relation to this notice
must include the agency name and docket number. Please note that all
comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You
may also call the Docket at 202-366-9324.
FOR FURTHER INFORMATION CONTACT: Andrew DiMarsico, Office of Chief
Counsel, NHTSA (phone: 202-366-5263). You may send email to Mr.
DiMarsico at Andrew.dimarsico@dot.gov, or by regular mail at the Office
of Chief Counsel, National Highway Traffic Safety Administration, W41-
326, 1200 New Jersey Avenue SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: This notice requests information to assist
NHTSA in implementing a pilot grant program required under the FAST
Act. See Public Law 114-94, Sec. 24105 (2015). The FAST Act requires
that, by October 1, 2016, NHTSA must implement a two-year pilot program
with up to six States to evaluate the feasibility and effectiveness of
a State process for informing consumers of open motor vehicle recalls
at the time of motor vehicle registration. NHTSA plans to solicit grant
applications following the receipt and consideration of comments and
information submitted in response to this notice.
Background
The National Traffic and Motor Vehicle Safety Act, 49 U.S.C. 30101
et. seq. as amended, requires that a motor vehicle manufacturer notify
the owners and purchasers of its vehicles of a safety-related defect or
that the vehicle does not comply with an applicable Federal motor
vehicle safety standard. 49 U.S.C. 30118. A vehicle manufacturer must
provide notice of a recall in a manner prescribed through regulation by
NHTSA to each person registered under State law as the owner and whose
name and address are reasonably ascertainable by the manufacturer
through State records or other available source or (if a registered
owner is not notified through State registration information) to the
most recent purchaser known to the manufacturer. 49 U.S.C. 30119(d). In
order to identify owners of vehicles subject to a safety-related recall
and provide notification to them, a motor vehicle manufacturer
typically contracts with a third party that obtains vehicle
registration data for the affected vehicles from State motor vehicle
administrations. The motor vehicle manufacturer then notifies owners
and purchasers, typically by U.S. Mail, about the safety recall and,
among other things, about how to obtain a remedy to fix the defect. See
49 U.S.C. 30119(d); 49 CFR part 577.
NHTSA and the motor vehicle industry have sought to improve notice
of safety-related defects to owners and to develop ways to increase the
rate at which owners complete the remedy identified in the notice.\1\
Section 24105 of the recently enacted FAST Act provides for the two-
year pilot program to evaluate the feasibility and effectiveness of a
State process for informing consumers of open motor vehicle recalls at
the time of motor vehicle registration in the State. To carry out this
program, the FAST Act permits NHTSA to make a grant to up to six
States. To be eligible for a grant, the Act requires a State to: (i)
Submit an
[[Page 22368]]
application in such form and manner as the Secretary prescribes; (ii)
agree to notify, at the time of registration, each owner or lessee of a
motor vehicle presented for registration in the State of any open
recall on that vehicle; (iii) provide the open motor vehicle recall
information at no cost to each owner or lessee of a motor vehicle
presented for registration in the State; and (iv) provide such other
information as the Secretary may require.
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\1\ In April 2015, NHTSA hosted a workshop called ``Retooling
Recalls'' to explore ways to increase recall remedy completion
rates. See http://www.nhtsa.gov/About+NHTSA/Press+Releases/2015/nhtsa-retooling-recalls-workshop-04282015. Recently, the agency
published an ANPRM requesting public comment on, among other things,
additional ways by which manufacturers could not only notify owners,
but also influence owners to have recalls completed. See 81 FR 81 FR
4007 (January 25, 2016).
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In considering a State for a grant under this provision, the FAST
Act requires NHTSA to consider the State's methodology for determining
open recalls on a motor vehicle, for informing consumers of the open
recalls, and for determining performance. Following the two-year
performance period, the FAST Act requires that the State grantee
provide to NHTSA a report of performance containing information
necessary to evaluate the extent to which open recalls have been
remedied. Within six months after the completion of the pilot program,
the FAST Act requires NHTSA to evaluate the extent to which identified
open recalls have been remedied.
Request for Information
The agency is interested in information that would be helpful in
implementing a successful pilot grant. This includes information about,
among other things: A State's process for registering motor vehicles;
the application(s) in use by the States to facilitate its access to
open recall data and to notify consumers; how a notice to consumers
should be provided to raise awareness of the open recall; performance
criteria; and the estimated costs for a State to fulfill the pilot
program requirements. Because the FAST Act requires NHTSA to consider a
State's methodology for determining performance, the agency is
interested in comments from parties on how to determine such
performance, including ways to measure whether a consumer had a defect
remedied following notification of an open recall, and metrics for
comparing pre-pilot and post-pilot performance. The agency is also
interested in hearing from States, based upon the current status of
their vehicle registration systems, about the requirements and
challenges to adapt their systems to conduct the pilot program. And,
because Congress requires NHTSA to evaluate the pilot program, we seek
information and suggestions about how to ensure a successful
assessment.
In addition to the topics discussed above, we seek information
related to the questions posed below. This list is not exhaustive, and
we encourage commenters to provide any further information they believe
is relevant to inform the agency as it seeks to implement a successful
pilot program. While the agency welcomes all comments, we do not
envision the use of NHTSA's VIN look-up tool as a source of information
for the pilot program. The VIN look-up tool was created for consumers.
An increase in the demand on NHTSA's VIN look-up tool from a large
enterprise submitting numerous queries could compromise its performance
for its intended purpose.
Registration Process
How often do States require a vehicle to be registered?
What mechanisms exist for an owner to register a vehicle
with the State? In-person, On-line? Mail-in?
What other conditions or requirements exist in connection
with the registration process in a State (e.g. vehicle emissions or
safety inspection)?
If additional conditions or requirements exist, how are
they linked to the vehicle registration process? Would the systems that
link to the vehicle registration process be available for the pilot
program? What modifications might be required?
Notice to the Consumer
What sources of information about an open safety recall
are available to a State?
What form should notice of an open recall take and what
flexibilities should considered in the event a State allows multiple
methods for registration?
At what point in the registration process should a State
provide notice of an open recall?
What information about an open recall should a State
provide?
Registration System Functionality
Do State registration systems have the capability to:
[cir] Communicate with a third-party system? If so, what third-
party system does the State use, and can it be used for the pilot
program. What modifications might be required?
[cir] Provide real time notice of an open recall?
[cir] Track that notice was provided?
[cir] Query or track that a recall was completed on a vehicle?
Written comments may be submitted through any of the methods discussed
above.
This notice is for information purposes only. The agency will
review and consider information provided in response to this notice as
it implements the pilot grant program, but will not separately respond
to comments.
Authority: S. 24105, Pub. L. 114-94, 129 Stat. 1312.
Issued in Washington, DC on April 12, 2016 under authority
delegated in 49 CFR part 1.95.
Paul A. Hemmersbaugh,
Chief Counsel.
[FR Doc. 2016-08831 Filed 4-14-16; 8:45 am]
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