81 FR 22367 - Request for Information

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 73 (April 15, 2016)

Page Range		22367-22368
FR Document		2016-08831

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.

Federal Register, Volume 81 Issue 73 (Friday, April 15, 2016)

[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Notices]
[Pages 22367-22368]
From the Federal Register Online  [www.thefederalregister.org]
[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

Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Notices 22367

not intended to have a human operator ACTION: Request for information. vehicle registration. NHTSA plans to
or potentially even human passengers. solicit grant applications following the
10. Aspects of AV technology that SUMMARY: Section 24105 of the Fixing receipt and consideration of comments
may not be suitable or ready for America’s Surface Transportation and information submitted in response
guidelines: For these areas, information (FAST) Act, Public Law 114–94 (2015), to this notice.
would be useful on alternative requires NHTSA to implement a two-
year pilot program to evaluate the Background
approaches to assure safety.
11. Identification of industry feasibility and effectiveness of a State The National Traffic and Motor
voluntary standards, best practices, etc., process for informing consumers of Vehicle Safety Act, 49 U.S.C. 30101 et.
related to automated vehicle operation. open motor vehicle recalls at the time of seq. as amended, requires that a motor
12. Information AVs may need to motor vehicle registration. This notice vehicle manufacturer notify the owners
communicate to pedestrians and other requests information from interested and purchasers of its vehicles of a
vehicles (manual or automated) just as parties to help inform the agency’s safety-related defect or that the vehicle
a driver would. Consider situations such approach as it moves forward to does not comply with an applicable
as pedestrians crossing a travel lane in implement the pilot program. Federal motor vehicle safety standard.
a parking lot and how this DATES: Written comments should be 49 U.S.C. 30118. A vehicle
communication should be submitted by: May 16, 2016. manufacturer must provide notice of a
accomplished. ADDRESSES: Written comments may be recall in a manner prescribed through
13. Conditions in which AVs may submitted using any one of the regulation by NHTSA to each person
need to be able to identify and following methods: registered under State law as the owner
communicate to a central location or • Mail: Docket Management Facility, and whose name and address are
authority that a problem has occurred. M–30, U.S. Department of reasonably ascertainable by the
Consider situations where passengers Transportation, West Building, Ground manufacturer through State records or
may be delivered to their destination Floor, Rm. W12–140, 1200 New Jersey other available source or (if a registered
but a medical problem or potential Avenue SE., Washington, DC 20590. owner is not notified through State
incapacitation enroute may potentially • Fax: Written comments may be registration information) to the most
suggest considerations for vehicle faxed to (202) 493–2251. recent purchaser known to the
capabilities that could handle such • Internet: To submit comments manufacturer. 49 U.S.C. 30119(d). In
cases. electronically, go to the Federal order to identify owners of vehicles
regulations Web site at http:// subject to a safety-related recall and
14. Operation of an AV with open
www.regulations.gov. Follow the online provide notification to them, a motor
safety recall: Consider if automated
instructions for submitting comments. vehicle manufacturer typically contracts
vehicles should be allowed to operate in
• Hand Delivery: West Building with a third party that obtains vehicle
automated mode in cases when there is
Ground Floor, Room W12–140, 1200 registration data for the affected vehicles
an open safety recall on that vehicle or
New Jersey Avenue SE., between 9 a.m. from State motor vehicle
if automated functions should be
and 5 p.m. Eastern Time, Monday administrations. The motor vehicle
restrained until recall repairs are
through Friday, except Federal holidays. manufacturer then notifies owners and
completed (perhaps reversion to manual
Instructions: All comments submitted purchasers, typically by U.S. Mail,
driving when possible). Consider if AVs
in relation to this notice must include about the safety recall and, among other
with open recalls should be allowed to things, about how to obtain a remedy to
operate on public roads at all, and if so, the agency name and docket number.
Please note that all comments received fix the defect. See 49 U.S.C. 30119(d);
under what conditions. 49 CFR part 577.
15. Other topics needed for will be posted without change to
http://www.regulations.gov, including NHTSA and the motor vehicle
operational guidance: Other topics that industry have sought to improve notice
would be beneficial to address in an any personal information provided. You
may also call the Docket at 202–366– of safety-related defects to owners and
operational guidance document to to develop ways to increase the rate at
facilitate innovation and safe 9324.
which owners complete the remedy
deployment of these systems on public FOR FURTHER INFORMATION CONTACT: identified in the notice.1 Section 24105
roadways. Andrew DiMarsico, Office of Chief of the recently enacted FAST Act
Issued in Washington, DC, under authority Counsel, NHTSA (phone: 202–366– provides for the two-year pilot program
delegated by 49 CFR 1.95. 5263). You may send email to Mr. to evaluate the feasibility and
Nathaniel Beuse, DiMarsico at Andrew.dimarsico@ effectiveness of a State process for
Associate Administrator for Vehicle Safety dot.gov, or by regular mail at the Office informing consumers of open motor
Research. of Chief Counsel, National Highway vehicle recalls at the time of motor
[FR Doc. 2016–08708 Filed 4–14–16; 8:45 am]
Traffic Safety Administration, W41–326, vehicle registration in the State. To
1200 New Jersey Avenue SE., carry out this program, the FAST Act
BILLING CODE 4910–59–P
Washington, DC 20590. permits NHTSA to make a grant to up
SUPPLEMENTARY INFORMATION: This to six States. To be eligible for a grant,
DEPARTMENT OF TRANSPORTATION notice requests information to assist the Act requires a State to: (i) Submit an
NHTSA in implementing a pilot grant
National Highway Traffic Safety program required under the FAST Act.
asabaliauskas on DSK3SPTVN1PROD with NOTICES

1 In April 2015, NHTSA hosted a workshop called

Administration See Public Law 114–94, § 24105 (2015). ‘‘Retooling Recalls’’ to explore ways to increase
recall remedy completion rates. See http://
The FAST Act requires that, by October www.nhtsa.gov/About+NHTSA/Press+Releases/
[Docket No. NHTSA—2016–0042] 1, 2016, NHTSA must implement a two- 2015/nhtsa-retooling-recalls-workshop-04282015.
Request for Information year pilot program with up to six States Recently, the agency published an ANPRM
to evaluate the feasibility and requesting public comment on, among other things,
additional ways by which manufacturers could not
AGENCY: National Highway Traffic effectiveness of a State process for only notify owners, but also influence owners to
Safety Administration (NHTSA), informing consumers of open motor have recalls completed. See 81 FR 81 FR 4007
Department of Transportation (DOT). vehicle recalls at the time of motor (January 25, 2016).

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22368 Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Notices

application in such form and manner as not exhaustive, and we encourage the pilot grant program, but will not
the Secretary prescribes; (ii) agree to commenters to provide any further separately respond to comments.
notify, at the time of registration, each information they believe is relevant to Authority: S. 24105, Pub. L. 114–94, 129
owner or lessee of a motor vehicle inform the agency as it seeks to Stat. 1312.
presented for registration in the State of implement a successful pilot program. Issued in Washington, DC on April 12,
any open recall on that vehicle; (iii) While the agency welcomes all 2016 under authority delegated in 49 CFR
provide the open motor vehicle recall comments, we do not envision the use part 1.95.
information at no cost to each owner or of NHTSA’s VIN look-up tool as a Paul A. Hemmersbaugh,
lessee of a motor vehicle presented for source of information for the pilot Chief Counsel.
registration in the State; and (iv) provide program. The VIN look-up tool was
[FR Doc. 2016–08831 Filed 4–14–16; 8:45 am]
such other information as the Secretary created for consumers. An increase in
BILLING CODE 4910–59–P
may require. the demand on NHTSA’s VIN look-up
In considering a State for a grant tool from a large enterprise submitting
under this provision, the FAST Act numerous queries could compromise its
requires NHTSA to consider the State’s performance for its intended purpose. DEPARTMENT OF THE TREASURY
methodology for determining open
recalls on a motor vehicle, for informing Registration Process Office of the Comptroller of the
Currency
consumers of the open recalls, and for • How often do States require a
determining performance. Following the vehicle to be registered? [Docket ID OCC–2016–0010]
two-year performance period, the FAST • What mechanisms exist for an
Act requires that the State grantee owner to register a vehicle with the Mutual Savings Association Advisory
provide to NHTSA a report of State? In-person, On-line? Mail-in? Committee
performance containing information • What other conditions or AGENCY: Office of the Comptroller of the
necessary to evaluate the extent to requirements exist in connection with Currency (OCC), Department of the
which open recalls have been remedied. the registration process in a State (e.g. Treasury.
Within six months after the completion vehicle emissions or safety inspection)? ACTION: Notice of Federal Advisory
of the pilot program, the FAST Act • If additional conditions or Committee meeting.
requires NHTSA to evaluate the extent requirements exist, how are they linked
to which identified open recalls have to the vehicle registration process? SUMMARY: The OCC announces a
been remedied. Would the systems that link to the meeting of the Mutual Savings
Request for Information vehicle registration process be available Association Advisory Committee
for the pilot program? What (MSAAC).
The agency is interested in modifications might be required?
information that would be helpful in DATES: A public meeting of the MSAAC
implementing a successful pilot grant. Notice to the Consumer will be held on Tuesday, May 3, 2016,
This includes information about, among beginning at 8:30 a.m. Eastern Daylight
• What sources of information about Time (EDT). Members of the public may
other things: A State’s process for an open safety recall are available to a
registering motor vehicles; the submit written statements to the
State? MSAAC. The OCC must receive written
application(s) in use by the States to • What form should notice of an open
facilitate its access to open recall data statements no later than 5:00 p.m. on
recall take and what flexibilities should Tuesday, April 26, 2016. Members of
and to notify consumers; how a notice considered in the event a State allows
to consumers should be provided to the public who plan to attend the
multiple methods for registration? meeting, and members of the public
raise awareness of the open recall; • At what point in the registration
performance criteria; and the estimated who may require auxiliary aids, should
process should a State provide notice of contact the OCC by 5:00 p.m. EDT on
costs for a State to fulfill the pilot an open recall?
program requirements. Because the Tuesday, April 26, 2016, to inform the
• What information about an open OCC of their interest in attending the
FAST Act requires NHTSA to consider recall should a State provide?
a State’s methodology for determining meeting and to provide the information
performance, the agency is interested in Registration System Functionality that will be required to facilitate aid.
comments from parties on how to ADDRESSES: The OCC will hold the May
• Do State registration systems have
determine such performance, including 3, 2016 meeting of the MSAAC at the
the capability to:
ways to measure whether a consumer OCC’s offices at 400 7th Street SW.,
Æ Communicate with a third-party
had a defect remedied following Washington, DC 20219. Members of the
system? If so, what third-party system public may submit written statements to
notification of an open recall, and does the State use, and can it be used
metrics for comparing pre-pilot and MSAAC@occ.treas.gov or by mailing
for the pilot program. What them to Michael R. Brickman,
post-pilot performance. The agency is modifications might be required?
also interested in hearing from States, Designated Federal Officer, Mutual
Æ Provide real time notice of an open Savings Association Advisory
based upon the current status of their recall?
vehicle registration systems, about the Committee, Office of the Comptroller of
Æ Track that notice was provided? the Currency, 400 7th Street SW.,
requirements and challenges to adapt Æ Query or track that a recall was
their systems to conduct the pilot Washington, DC 20219.
asabaliauskas on DSK3SPTVN1PROD with NOTICES

completed on a vehicle?
program. And, because Congress FOR FURTHER INFORMATION CONTACT:
Written comments may be submitted Michael R. Brickman, Deputy
requires NHTSA to evaluate the pilot
through any of the methods discussed Comptroller for Thrift Supervision,
program, we seek information and
above. (202) 649–5420, Office of the
suggestions about how to ensure a
successful assessment. This notice is for information Comptroller of the Currency,
In addition to the topics discussed purposes only. The agency will review Washington, DC 20219.
above, we seek information related to and consider information provided in SUPPLEMENTARY INFORMATION: By this
the questions posed below. This list is response to this notice as it implements notice, the OCC is announcing that the

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Document Created: 2016-04-15 00:54:59
Document Modified: 2016-04-15 00:54:59

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Request for information.
Dates		Written comments should be submitted by: May 16, 2016.
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.
FR Citation		81 FR 22367

81 FR 22367 - Request for Information

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 81, Issue 73 (April 15, 2016)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration