Agency Information Collection Activities; Notice and Request for Comments; State Notification to Consumers of Motor Vehicle Recall Status |
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Jeffrey Mark Giuseppe
National Highway Traffic Safety Administration
7 May 2019
[Federal Register Volume 84, Number 88 (Tuesday, May 7, 2019)]
[Notices]
[Pages 19992-19994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09235]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket Number NHTSA-2019-0027]
Agency Information Collection Activities; Notice and Request for
Comments; State Notification to Consumers of Motor Vehicle Recall
Status
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of Proposed Information Collection; Request for Comment.
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SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (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 an Information Collection Request (ICR) for
which NHTSA intends to seek OMB approval.
DATES: Send comments on or before July 5, 2019.
ADDRESSES: You may submit comments, identified by [Docket No. NHTSA-
2019-0027] by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
online instructions for submitting comments.
Fax: 1-202-493-2251.
Mail or Hand Delivery: Docket Management Facility, 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.
FOR FURTHER INFORMATION CONTACT: Alexander Ansley, Program Support
Division, Office of Defect Investigation (NEF-110), (202) 493-0481,
National Highway Traffic Safety Administration, Department of
Transportation, 1200 New Jersey Avenue SE, W48-336, Washington, DC
20590.
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
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: (i)
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; (ii) 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; (iii) how to enhance the quality, utility, and clarity of the
information to be collected; (iv) 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:
Title of Collection: State Notification to Consumers of Motor
Vehicle Recall Status.
OMB Control Number: None.
Type of Request: New information collection request.
Type of Review: Regular.
[[Page 19993]]
Form Number: OMB SF 424, OMB SF 424A, and OMB SF 424B.
Requested Expiration Date of Approval: 3 years from date of
approval.
Abstract: NHTSA is responsible for reducing deaths, injuries and
economic losses resulting from motor vehicle crashes. This is
accomplished by setting and enforcing safety performance standards for
motor vehicles and motor vehicle equipment, and through grants to state
and local governments to enable them to conduct effective local highway
safety programs. NHTSA investigates safety defects in motor vehicles;
sets and enforces fuel economy standards; helps states and local
communities reduce the threat of impaired drivers; promotes the use of
safety belts, child safety seats and air bags; investigates odometer
fraud; establishes and enforces vehicle anti-theft regulations; and
provides consumer information on motor vehicle safety issues.
The National Traffic and Motor Vehicle Safety Act, 49 U.S.C. 30101,
et. seq., as amended (the Safety Act), requires a motor vehicle
manufacturer to 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.\1\ 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 sources or,
if a registered owner is not notified through State registration
information, to the most recent purchaser known to the manufacturer.\2\
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\1\ 49 U.S.C. 30118.
\2\ 49 U.S.C. 30119(d).
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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 by U.S. Mail about the safety recall and, among other
things, about how to obtain a remedy to fix the defect or
noncompliance.\3\ To obtain a remedy, the consumer must then present
the recalled motor vehicle to an authorized dealer for the dealer to
remedy the defect or noncompliance. 49 U.S.C. 30120.
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\3\ 49 U.S.C. 30119(d) and 49 CFR part 577.
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Recall completion rates can and do vary widely depending on a
variety of factors such as the age and type of vehicle, as well as
owners' perception of relative risk.\4\ Considering this wide range,
regardless of completion averages, the fact remains that there are at
any time tens of millions of vehicles on the road with unremedied
safety defects or noncompliances, each one creating a safety risk.
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.
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\4\ NHTSA, Report to Congress: ``Vehicle Safety Recall
Completion Rates Report'' (2018). A copy of the Vehicle Safety
Recall Completion Rates Report is located on NHTSA's website at:
https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/18-3122_vehicle_safety_recall_completion_rates_report_to_congress-tag.pdf.
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In 2016, in accordance with Section 24105 of the Fixing America's
Surface Transportation (FAST) Act, Pub. L. 114-94, NHTSA announced a
pilot program to evaluate the feasibility and effectiveness of a State
process to inform consumers of open motor vehicle recalls at the time
of motor vehicle registration. The grant was conditioned upon a State
having the capability to use a vehicle identification number (VIN) to
identify whether the specific vehicle was subject to an open safety
recall. In 2017, NHTSA awarded the Maryland Motor Vehicle
Administration a grant to provide vehicle owners and lessees notice of
open safety related recalls on their vehicles. Maryland began notifying
vehicle owners and lessees in the Spring of 2018.
Since the start of the Maryland notification program, several
States have expressed an interest in partnering with NHTSA to provide
similar recall notification to consumers in their states. While the
Maryland Pilot Program offers a promising effort to increase consumer
awareness to repair open safety recalls (and an opportunity to measure
the effectiveness of such notification), additional notification by
State DMVs would increase consumer awareness of open safety recalls and
increase the repair rate of recalled vehicles. NHTSA believes such
efforts will ultimately reduce the risk of a crash or injury due to a
safety defect. Under its existing authority provided in the Safety Act,
NHTSA is offering this opportunity to further develop this State to
consumer notification to increase awareness of open recalls.
NHTSA encourages applicants to be creative and innovative when
developing a proposal (application) for this grant. NHTSA is interested
in proposals that provide vehicle owners and lessees with frequent
notifications at touchpoints between the State and the vehicle. For
example, NHTSA is interested in proposals that may offer options at the
time of vehicle registration and other unique notification methods (or
even follow-up notification). One potential option is to have
notification at the time of registration and at motor vehicle emissions
and/or safety inspection stations. A State is free to propose a process
to make use of the functionality that may exist through its inspection
stations or other intersection between the State and the consumer's
vehicle. NHTSA does not want to discourage innovative approaches,
provided they satisfy the program requirements of notification at the
intersection of a vehicle owner or lessee and the State.
NHTSA is also interested in proposals that provide an analysis of
recall completion data on an ongoing basis to assist in program
evaluation, or assessment of owners' attitudes toward a particular
recall notification protocol. In particular, NHTSA is interested in
ways for a State to identify the motor vehicles that were remedied
following notification of an open recall by the State. NHTSA looks
forward to reviewing resourceful approaches that will motivate owners
to remedy open recalls.
While this funding opportunity will be made available to all
states, NHTSA anticipates an estimated twenty (20) state applications.
NHTSA will require these applications not exceed 25 pages (not
including resumes or appendices). NHTSA will also require OMB Standard
Form (SF) 424 (including 424 ``Application for Federal Assistance,''
424A ``Budget Information for Non-Construction Programs,'' and 424B
``Assurances for Non-Construction Programs''), with the required
information filled in and certified assurances signed. NHTSA estimates
the burden for completing these applications at 3,200 hours total (160
hours x 20 state applicants = 3,200 hours) to allow each applicant
thirty (30) days to conduct the necessary research, design their
program, and complete the application package.
Affected Public: State vehicle registration authorities.
Estimated Number of Respondents: 20.
Frequency: One-time.
Number of Responses: 20.
Estimated Total Annual Burden Hours: 3,200.
Estimated Total Annual Burden Cost: None.
Public Comments Invited: You are asked to comment on any aspect of
this
[[Page 19994]]
information collection, including (a) whether the proposed collection
of information is necessary for the Department's performance, including
whether the information will have practical utility; (b) the accuracy
of the Department's estimated burden; (c) ways for the Department to
enhance the quality, utility and clarity of the information collection;
and (d) ways to minimize the burden could be minimized without reducing
the quality of the collected information. The agency will summarize
and/or include your comments in the request for OMB's clearance of this
information collection.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1.95.
Jeffrey Mark Giuseppe,
Associate Administrator for Enforcement.
[FR Doc. 2019-09235 Filed 5-6-19; 8:45 am]
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