[Federal Register Volume 61, Number 185 (Monday, September 23, 1996)]
[Notices]
[Pages 49808-49810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23944]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 96-096; Notice 01]


Proposed Collection of Information

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT

ACTION: Request for comment on proposed collection of information.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and 
implementing rule 5 CFR Part 1320 by the Office of Management and 
Budget, the NHTSA invites public comment on proposed collection of 
information in support of its Evaluation Study of Odometer Tampering in 
Passenger Cars. NHTSA is initiating a comprehensive study of odometer 
fraud in accordance with Congressional directive (House Report 103-190 
of July 27, 1993). The study will consist of three primary components. 
The first component will

[[Page 49809]]

be the development of first-time national estimates of the incidence 
rate of odometer fraud and the costs associated with odometer fraud. 
The second component of the study will be an evaluation of the efforts 
of the states to combat odometer fraud. This will include an assessment 
of state compliance with 49 CFR Part 580, ``Odometer Disclosure 
Requirements,'' which implemented the Truth in Mileage Act (Public Law 
99-579). A review and assessment of other efforts undertaken at the 
state level to counter odometer tampering will also be made. The third 
component of the odometer fraud evaluation will be an assessment of the 
various Federal efforts carried out over the last several years to 
combat odometer and the effects of those efforts. Primarily, this will 
be a review of NHTSA's investigatory and related odometer enforcement 
activities. The results of the three-part evaluation study will provide 
a basis for developing recommendations for the future direction of 
odometer fraud programs at the Federal and State levels.

DATES: Comments must be received by November 22, 1996.
ADDRESSES: Comments should refer to the docket and notice numbers set 
forth above and be submitted to the Docket Section, NHTSA, Room 5109, 
400 Seventh Street SW., Washington, DC 20590 (Docket hours are from 
9:30 a.m. to 4:00 p.m., Monday through Friday).

FOR FURTHER INFORMATION CONTACT: Charles J. Kahane, Chief, Evaluation 
Division, Office of Strategic Planning and Evaluation, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590. Telephone: (202) 366-1574. (For information on OMB processing 
procedures for the proposed collection of information, contact: Mr. 
Edward Kosek, NHTSA Information Collection Clearance Officer, NHTSA, 
400 Seventh Street SW., Washington, DC 20590. Telephone: (202) 366-
2589).

SUPPLEMENTARY INFORMATION:

1. Information Collection Request

    The agency is seeking comments on the following two information 
collection proposals:
    Type of Collection: New.
    Title: (1) Odometer Disclosure Information;
    (2) Survey of State Efforts to Deter Odometer Tampering.
    Affected Entities: (1) Dealers and distributors of motor vehicles; 
State motor vehicle departments.
    Abstract: The NHTSA, as directed by the Congress (House Report 103-
190 of July 27, 1993), is initiating a national study, ``Evaluation of 
Odometer Fraud in Passenger Cars.'' One component of the study is the 
development of estimates of the national incidence rate of odometer 
fraud. For this part of the study, samples of passenger cars will be 
selected from the national population of registered vehicles and from 
used car sales records of motor vehicle dealers and distributors (fleet 
lease agencies, rental companies). For the sampled vehicles, it is 
proposed to collect identifying information (make, model, year, VIN); 
odometer reading; and transferor/transferee names. This information is 
required to be kept by vehicle dealers and distributors under the 
Federal Regulation on Odometer Disclosure (49 CFR Part 580). The 
information, together with similar information from national vehicle 
title files (commercial source) and from state department of motor 
vehicles offices, will be used for the purpose of determining whether a 
vehicle's odometer may have been rolled back. Two estimates of the 
incidence rate of odometer tampering will be developed, one for all 
registered passenger cars, up to 10 years old, and a second for late 
model vehicles. The second component of the odometer fraud study will 
be a survey of the state departments of motor vehicles to assess the 
states' efforts to combat odometer fraud. A key focus of the survey 
will be the implementation of the Odometer Disclosure Regulation (49 
CFR Part 580). Under this rule, the states are required to implement 
certain procedures intended to deter odometer fraud, including the 
printing of vehicle titles by secure printing process, and making 
mileage disclosure a condition of vehicle titling. The data to be 
collected will be analyzed to provide information on the changes made 
in vehicle, titling, including cost changes, and on other efforts 
instituted to verify the accuracy of odometer readings submitted with 
title applications. Other information on state efforts to combat 
odometer fraud will also be collected, such as consumer protection 
services and odometer fraud investigations made by agencies within the 
state. The essential purpose of the information is to provide an 
assessment, from a national perspective, of the process and timeliness 
of state implementation of the Truth in Mileage Regulation and to 
assess the effects, including cost impacts, of this and other efforts 
to deter odometer fraud.
    Components 1 and 2 of the odometer fraud study will be conducted 
for NHTSA by a contractor. For component 1, the incidence rate study, 
the contractor will develop a statistical sampling approach for 
selecting the lease fleets, rental companies, and car dealers to be 
included in the study and for sampling vehicles within selected 
agencies. The contractor will also develop the format of the specific 
requests for the vehicle sales information from the vehicle dealers and 
distributors and for the odometer disclosure information from the 
states. The contractor will also be responsible for carrying out the 
state survey, including refinement and administration of the survey 
questionnaire, follow up efforts to obtain completed questionnaires, 
and processing of returned questionnaires to obtain survey results.
    The NHTSA will develop and publish a final technical report of the 
odometer fraud evaluation. The report will include the results of 
components 1 and 2, described above, and a third component (to be 
conducted by NHTSA) consisting of an assessment of past efforts at the 
Federal level to combat and deter odometer fraud. The results of the 
evaluation will provide a basis for developing recommendations for the 
future direction of odometer fraud programs at the Federal and State 
levels.
    Burden Statement: The effort required by lease fleets, rental 
companies, and dealers to provide a sample of the vehicle sales records 
and odometer disclosure information will depend on the form in which 
these records are kept by the various agencies. CFR Part 580 requires 
that the records shall be retained ``in an order that is appropriate to 
business requirements and that permits systematic retrieval.'' For 
those agencies that maintain automated records, the effort should 
essentially involve the copying of the specified information on a 
computer diskette. For agencies whose records may not be electronically 
maintained, copies of the source documents (odometer disclosure 
statements) or prepared summaries of the documents would be required. 
For purposes of burden assessment, it is estimated that 2 hours would 
be required to respond if records were maintained electronically, and 4 
hours if hard copy records were maintained. It should be noted that the 
number (sample) of records requested will be proportional to the size 
of the vehicle dealer/distributor, and therefore smaller agencies (who 
might be less likely to have automated records) would be asked for 
fewer records than larger agencies. The proposed method of requesting 
information is via letters from NHTSA, supplemented by telephone 
contacts.

[[Page 49810]]

    With respect to burden for the states for the incidence rate 
component, this will vary depending on the number of vehicle records 
requested. Also, the number of states contacted may be fewer than 50, 
depending on the geographic distribution of the sample and the 
distribution of vehicle matches obtained from use of the national 
(commercial) title files. It is estimated that the number of records 
per state will average 150. It is assumed that all states contacted 
will be able to provide a computer listing of the requested 
information. The average time to respond to the request is estimated at 
3 hours per state. The burden estimate for responding to the state 
survey questionnaire (component 2) is 3 hours per state. The proposed 
method of surveying the states is via mail questionnaire, supplemented 
by telephone contacts.

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                                                      Frequency     Total      Burden      Annual               
         Collection No.               Number of          of        annual     hours per    burden      Cost to  
                                     respondents      response    responses   response      hours    respondents
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(1)............................  50 dealers/distrs.       1          50           3          150        $2,250  
(1)............................  40 states.........       1          40           3          120        2,400   
(2)............................  50 states.........       1          50           3          150        3,000   
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2. Request for Comments

    The agency solicits comments on the proposed information collection 
to:
    (1) evaluate 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;
    (2) evaluate 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;
    (3) enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other forms of information technology, e.g., 
permitting electronic submission of responses.

3. Submission of Comments

    Interested persons are invited to submit comments. All comments 
received before the close of business on the comment closing date will 
be considered and will be available for examination in the docket at 
the above address both before and after that date. To the extent 
possible, comments filed after the closing date will also be 
considered.

    Authority: 44 U. S. C. 3506 (c); delegation of authority at 49 
CFR 1.50.

    Issued on: September 12, 1996.
William H. Walsh, Jr.,
Acting Associate Administrator for Plans and Policy.
[FR Doc. 96-23944 Filed 9-20-96; 8:45 am]
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