[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 [email protected], 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]
 BILLING CODE 4910-59-P