[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Rules and Regulations]
[Pages 18914-18916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7473]


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DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 25

[Docket No. OJP (BJA) 1577]
RIN 1121-AA79


National Motor Vehicle Title Information System (NMVTIS): 
Technical Corrections

AGENCY: Office of Justice Programs, Justice.

ACTION: Direct final rule.

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SUMMARY: The Office of Justice Programs (OJP) is promulgating this 
direct final rule for its National Motor Vehicle Title Information 
System Program (NMVTIS) in order to make two technical corrections to 
the NMVTIS regulations.

DATES: Effective date: This direct final rule is effective June 27, 
2012 without further action, unless adverse comments are received by 
the Bureau of Justice Assistance (BJA) by May 29, 2012. If adverse 
comment is received, BJA will publish a timely withdrawal of the rule 
in the Federal Register.

ADDRESSES: Please address all comments regarding this rule by U.S. 
mail, to: Todd Brighton, Bureau of Justice Assistance, 810 7th Street 
NW., Washington, DC 20531; or by telefacsimile to (202) 354-4135. To 
ensure proper handling, please reference OJP Docket No. 1577 on your 
correspondence. Comments may also be sent electronically through http://regulations.gov using the electronic comment form provided on that 
site. An electronic copy of this document is also available at the 
http://regulations.gov

[[Page 18915]]

Web site. BJA will accept attachments to electronic comments in 
Microsoft Word, WordPerfect, or Adobe PDF formats only. All electronic 
comments sent directly to BJA must be received by midnight Eastern Time 
on the day that the comment period closes. The public's ability to 
comment through http://regulations.gov terminates at midnight Eastern 
Time on the day that the comment period closes. All comments received 
via U.S. mail, or an express mail carrier, must be postmarked on or 
before the day that the comment period closes.

FOR FURTHER INFORMATION CONTACT: Todd Brighton, BJA, at 202-616-3879.

SUPPLEMENTARY INFORMATION:

I. Posting of Public Comments

    Please note that all comments received are considered part of the 
public record and made available for public inspection online at http://www.regulations.gov. Information made available for public inspection 
includes personal identifying information (such as your name, address, 
etc.) voluntarily submitted by the commenter.
    If you wish to submit personal identifying information (such as 
your name, address, etc.) as part of your comment, but do not wish it 
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING 
INFORMATION'' in the first paragraph of your comment. You must also 
locate all the personal identifying information that you do not want 
posted online in the first paragraph of your comment and identify what 
information you want the agency to redact. Personal identifying 
information identified and located as set forth above will be placed in 
the agency's public docket file, but not posted online.
    If you wish to submit confidential business information as part of 
your comment but do not wish it to be posted online, you must include 
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph 
of your comment. You must also prominently identify confidential 
business information to be redacted within the comment. If a comment 
has so much confidential business information that it cannot be 
effectively redacted, the agency may choose not to post that comment 
(or to only partially post that comment) on http://www.regulations.gov. 
Confidential business information identified and located as set forth 
above will not be placed in the public docket file, nor will it be 
posted online.
    If you wish to inspect the agency's public docket file in person by 
appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.

II. Background

    The National Motor Vehicle Title Information System was established 
pursuant to 49 U.S.C. 30501-30505. The purposes of the System include 
reducing fraud in the registering and titling of automobiles and making 
information available that would restrict the market for stolen 
automobiles. For further information, see the NMVTIS Web site at http://www.vehiclehistory.gov.
    BJA is promulgating this direct-final rule to make two technical 
corrections in the regulations that were promulgated in 2009. 74 FR 
5740 (Jan. 30, 2009). Those regulations, because of a typographical 
error, provided at 28 CFR 25.52 that, for purposes of the program, the 
term Motor vehicle had ``the same meaning given that term in 49 U.S.C. 
3102(6).'' There is no section 3102 of title 49. The regulations should 
have given the section as 30102(6), where a definition of ``motor 
vehicle'' is contained in title 49.
    Similarly, the earlier regulations, at 28 CFR 25.53(f)(2), provided 
that the fee calculation should be ``based on the Highway Statistics 
Program of the Federal Highway Administration, U.S. Department of 
Transportation,'' but indicated that those statistics reported titled 
vehicles by state. Those statistics report registered vehicles (not 
titled vehicles) by state. This direct-final rule would correct this 
description of what information is reported by those statistics, so as 
to avoid any confusion and reflect that which was intended in the 2009 
regulations.

III. Regulatory Requirements

Executive Order 12866 and 13563--Regulatory Planning and Review

    This rule, which involves the minor correction of an existing 
regulation, has been drafted and reviewed in accordance with Executive 
Order 12866, ``Regulatory Planning and Review'' section 1(b), 
Principles of Regulation and in accordance with Executive Order 13563 
``Improving Regulation and Regulatory Review'' section 1(b) General 
Principles of Regulation. OJP has determined that this regulation is 
not a ``significant regulatory action'' under Executive Order No. 
12866.

Cost/Benefit Assessment

    Both Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity).
    Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. This regulation has no cost to state, local, or 
tribal governments, or to the private sector. It merely clarifies two 
provisions in the current regulations that clearly are in error and 
creates no new obligations.

Administrative Procedure Act

    BJA's implementation of this rule as a direct-final rule, with 
provision for post-promulgation public comment, is based on findings of 
good cause pursuant to the Administrative Procedure Act (5 U.S.C. 
553(b)(3)(B)). This minor rule amendment merely makes two technical 
corrections to the current regulations. BJA believes that the rule is 
noncontroversial and adverse comments will not be received, although 
comments on this rule are invited. Accordingly, BJA finds that ``good 
cause'' exists under 5 U.S.C. 553(b)(3)(B) to make this rule effective 
90 days after publication in the Federal Register, unless an adverse 
comment is received within the comment period.

Executive Order 13132--Federalism

    This rule, which involves the minor correction of an existing 
regulation, will not have a substantial direct effect on the states, on 
the relationship between the national government and the states, or on 
distribution of power and responsibilities among the various levels of 
government. Therefore, in accordance with Executive Order No. 13132, 64 
FR 43255 (Aug. 4, 1999), it is determined that this regulation does not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

Executive Order 12988--Civil Justice Reform

    This rule, which involves the minor correction of an existing 
regulation, meets the applicable standards set forth in sections 3(a) & 
(b)(2) of Executive Order No. 12988. Pursuant to section 3(b)(1)(I) of 
the Executive Order, nothing in this or any previous rule (or in any 
administrative policy, directive, ruling, notice, guideline, guidance, 
or writing) directly relating to the Program that is the subject of 
this rule is intended to create any legal or procedural rights 
enforceable against the United States, except as the same may

[[Page 18916]]

be contained within part 25 of title 28 of the Code of Federal 
Regulations.

Regulatory Flexibility Act

    This rule, which involves the minor correction of an existing 
regulation, will not have a significant economic impact on a 
substantial number of small entities. This rule has no new cost to 
State, local, or tribal governments, or to the private sector. Such 
costs as the NMVTIS program imposes exist by virtue of the regulations 
promulgated in 2009 pursuant to notice and comment, which contained an 
impact analysis. Therefore, an analysis of the impact of this 
regulation on such entities is not required under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.).

Paperwork Reduction Act of 1995

    This rule, which involves the minor correction of an existing 
regulation, contains no new information collection or record-keeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, 
et seq.).

Unfunded Mandates Reform Act of 1995

    This rule, which involves the minor correction of an existing 
regulation, will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

List of Subjects in 28 CFR Part 25

    Crime, Law enforcement, Motor vehicle safety, Motor vehicles, 
Reporting and recordkeeping requirements, Transportation.

Authority and Issuance

    Accordingly, for the reasons set forth in the preamble, Title 28, 
Part 25, Subpart B of the Code of Federal Regulations is amended as 
follows:

PART 25--DEPARTMENT OF JUSTICE INFORMATION SYSTEMS

0
1. The authority citation for 28 CFR Part 25 continues to read as 
follows:

    Authority: Public Law 103-159, 107 Stat. 1536, 49 U.S.C. 30501-
30505; Public Law 101-410, 104 Stat. 890, as amended by Public Law 
104-134, 110 Stat. 1321.

Subpart B--National Motor Vehicle Title Information System (NMVTIS)


Sec.  25.52  [Amended]

0
2. In Sec.  25.52, in the definition of Motor vehicle, remove 
``3102(6)'' and add in its place ``30102(6)''.


Sec.  25.53  [Amended]

0
3. Section 25.53(f)(2) is amended by removing ``titled'' and by adding 
in its place ``registered''.

    Dated: March 21, 2012.
Mary Lou Leary,
Acting Assistant Attorney General.
[FR Doc. 2012-7473 Filed 3-28-12; 8:45 am]
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