20922 Federal Register / Vol. 75, No. 77 / Thursday, April 22, 2010 / Rules and Regulations 

(b) Enforcement Period. This section 

will be enforced from 8 a.m. to 5 p.m. 

on April 25, 2010. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

designated representative, means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, State, and Federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. Upon being 

hailed by U.S. Coast Guard patrol 

personnel by siren, radio, flashing light, 

or other means, the operator of a vessel 

shall proceed as directed. 

(4) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: April 9, 2010. 

T.H. Farris, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2010–9333 Filed 4–21–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–NM–0007; FRL– 

9140–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Transportation Conformity 

Requirement for Bernalillo County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action approving a State 

Implementation Plan (SIP) revision 

submitted by the Governor of New 

Mexico on December 4, 2008 on behalf 

of the Albuquerque Environmental 

Health Department (AEHD). This 

revision serves to incorporate recent 

changes to the Federal conformity rule 

into the state conformity SIP for 

Bernalillo County, and supersedes 

previous revisions submitted by the 

Governor of New Mexico on May 15, 

2003 and August 4, 2005. EPA is 

approving the December 4, 2008 

revision in accordance with the 

requirements of the Federal Clean Air 

Act (CAA). 

DATES: This rule is effective on June 21, 

2010 without further notice, unless EPA 

receives relevant adverse comment by 

May 24, 2010. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2005–NM–0007, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD’’ 

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays 

except for legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2005– 

NM–0007. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection at the State Air 

Agency listed below during official 

business hours by appointment: 

City of Albuquerque Environmental 

Health Department, Air Quality 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 77 / Thursday, April 22, 2010 / Rules and Regulations 20923 

Division, Office of Air Quality, One 

Civic Plaza Northwest, Albuquerque, 

New Mexico 87103. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riley, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–8542; fax number 

214–665–7263; e-mail address 

riley.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean the 

EPA. 

Outline 

I. What Is Transportation Conformity? 

II. What Is the Background for This Action? 

III. What Did the State Submit and How Did 

We Evaluate It? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What Is Transportation Conformity? 

Transportation conformity is required 

under section 176(c) of the Clean Air 

Act to ensure that Federally supported 

highway, transit projects, and other 

activities are consistent with (conform 

to) the purpose of the approved SIP. 

Conformity currently applies to areas 

that are designated nonattainment, and 

those areas redesignated to attainment 

after 1990 (maintenance areas), with 

plans developed under section 175A of 

the Clean Air Act for the following 

transportation related criteria 

pollutants: Ozone, particulate matter 

(PM2.5 and PM10), carbon monoxide 

(CO), and nitrogen dioxide (NO2). 

Conformity with the purpose of the SIP 

means that transportation activities will 

not cause new air quality violations, 

worsen existing violations, or delay 

timely attainment of the relevant 

National Ambient Air Quality Standards 

(NAAQS). The Federal transportation 

conformity regulations (Federal Rule) 

are found in 40 CFR part 93 and 

provisions related to conformity SIPs 

are found in 40 CFR 51.390. 

II. What Is the Background for This 

Action? 

The transportation conformity SIP 

enables the area to implement and 

enforce the Federal transportation 

conformity requirements per 40 CFR 51 

subpart T and 40 CFR 93 subpart A. The 

AEHD initially complied with this 

requirement by submitting a SIP to EPA 

on December 19, 1994; we approved this 

SIP on November 8, 1995 (60 FR 56241). 

A revision to the conformity SIP was 

submitted on December 9, 1998 and 

approved by EPA on July 8, 1999 (64 FR 

36786). Since the July 8, 1999 approval, 

the Governor of New Mexico has 

submitted three further revisions to the 

conformity SIP. The most recent of 

these, the December 4, 2008 submittal, 

supersedes the previous revisions 

submitted on May 15, 2003 and August 

4, 2005. These previous revisions were 

also made to incorporate Federal 

conformity rule changes into the state 

conformity SIP for Bernalillo County, 

but contained language that was in 

conflict with the Federal rules that were 

in effect at the time of EPA’s review of 

the conformity SIP. Therefore, EPA 

could not approve the language in 

question. EPA and AEHD agreed that 

rather than EPA acting to partially 

approve the submittals, AEHD would 

develop a subsequent submittal to 

supersede the previous submittal, 

address the conflicting language, and 

capture any revisions made to the 

Federal rules in the elapsed time since 

state adoption of revisions to the 

Bernalillo County transportation 

conformity SIP. This approach was 

taken on both the August 4, 2005 

submittal (to supersede the May 15, 

2003 submittal) and the December 4, 

2008 submittal (to supersede the August 

4, 2005 submittal) to keep pace with 

necessary revisions to the Bernalillo 

County transportation conformity SIP. 

On January 9, 2002, the AEHD 

adopted changes to the conformity SIP 

to include a definition for Land Use 

Measures (LUM) along with 

requirements for using LUMs as air 

quality credits in conformity 

determinations. This revision also 

incorporated language regarding an 

acceptable Transportation Control 

Measure (TCM) substitution process and 

provided clarity on when emission 

reduction credits for TCMs may be used 

in the conformity process. These 

revisions were approved by the AEHD 

on January 9, 2002 and they were 

submitted to EPA by the Governor of 

New Mexico on May 15, 2003. EPA did 

not take action on these revisions, and 

the December 4, 2008 submittal is 

intended to supersede these revisions. 

On July 1, 2004, EPA published 

significant revisions to our conformity 

regulations (69 FR 4004) to address 

criteria and procedures for the new 8- 

hour ozone and fine particulate (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS). In the same Federal Register 

notice, EPA also addressed a March 2, 

1999 ruling by the U.S. Court of Appeals 

for the District of Columbia 

(Environmental Defense Fund v. EPA, et 

al., 167 F. 3d 641 D.C. Cir. 1999); the 

July 1 revisions served to bring our 

regulatory language in line with this 

court decision. The SIP revision package 

adopted by the AEHD on May 11, 2005, 

and submitted by the Governor of New 

Mexico on August 4, 2005, addressed 

these mandatory revisions, as well as 

EPA’s August 6, 2002 revision to the 

Federal conformity rule (67 FR 50808). 

EPA did not take action on these 

revisions, and the December 4, 2008 

submittal is intended to supersede these 

revisions. 

On August 10, 2005, the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) was signed into 

law. SAFETEA–LU revised certain 

provisions of section 176(c) of the Clean 

Air Act, related to transportation 

conformity. Prior to SAFETEA–LU, 

states were required to address all of the 

Federal Rule’s provisions in their 

conformity SIPs. After SAFETEA–LU, 

state’s SIPs were required to contain all 

or portions of only the following three 

sections of the Federal Rule, modified as 

appropriate to each state’s 

circumstances: 40 CFR 93.105 

(consultation procedures); 40 CFR 

93.122(a)(4)(ii) (written commitments to 

implement certain kinds of control 

measures); and 40 CFR 93.125(c) 

(written commitments to implement 

certain kinds of mitigation measures). 

Pursuant to SAFETEA–LU, states are no 

longer required to submit conformity 

SIP revisions that address the other 

sections of the Federal conformity rule. 

However, as with previous SIP 

revisions, the AEHD has maintained its 

practice of incorporating federal 

language into local rules and 

customizing such rules to meet the 

standard required by the New Mexico 

Administrative Code (NMAC) style 

guidance, rather than incorporating by 

reference the federal rules. 

EPA promulgated amendments to the 

Federal conformity rule on January 24, 

2008 (73 FR 4420). The December 4, 

2008 revision serves to update 

Albuquerque’s regulations and bring 

them in line with these most recent 

changes to the Federal conformity rule, 

as well as EPA’s May 6, 2005 (70 FR 

24279) and March 10, 2006 (71 FR 

12467) revisions to the Federal 

conformity rule. 

III. What Did the State Submit, and 

How Did We Evaluate It? 

On December 4th, 2008, the Governor 

of New Mexico submitted a revision to 

the Bernalillo County, New Mexico 

State Implementation Plan (SIP) for 

Transportation Conformity purposes. 

The SIP revision consists of language to 

address the three provisions of the EPA 

Conformity Rule required under 

SAFETEA–LU: 40 CFR 93.105 

(consultation procedures); 40 CFR 

93.122(a)(4)(ii) (certain control 

measures), and 40 CFR 93.125(c) 


emcdonald on DSK2BSOYB1PROD with RULES
20924 Federal Register / Vol. 75, No. 77 / Thursday, April 22, 2010 / Rules and Regulations 

(mitigation measures). As previously 

stated, the AEHD did not incorporate 

the Federal conformity rule by 

reference, but submitted language 

intended to mirror the content of the 

Federal conformity rule, while placing 

greater specificity on the roles and 

expectations of state and local agencies/ 

entities which have responsibility for 

undertaking transportation conformity 

in conjunction with transportation 

planning activities along with the three 

Federal Agencies (EPA, Federal 

Highway Administration, and Federal 

Transit Administration) who are 

participating members in the conformity 

consultation process. 

We reviewed the submittal to assure 

consistency with the January 2009, 

‘‘Guidance for Developing 

Transportation Conformity State 

Implementation Plans’’. The guidance 

document can be found at http:// 

www.epa.gov/otaq/stateresources/ 

transconf/policy/420b09001.pdf. The 

guidance document states that each 

state is only required to address and 

tailor the afore-mentioned three sections 

of the Federal Conformity Rule in their 

state conformity SIPs. 

EPA’s review of New Mexico’s 

Bernalillo County Transportation 

Conformity SIP revision indicates that it 

is consistent with EPA’s guidance in 

that it included the three elements 

specified by SAFETEA–LU and EPA’s 

guidance. Consistent with the EPA 

Conformity Rule at 40 CFR 93.105 

(consultation procedures), NMAC 

20.11.3.202 establishes the requirements 

for the appropriate agencies, procedures 

and allocation of responsibilities as 

required under 40 CFR 93.105 for 

consultation procedures. In addition, 

this chapter provides for appropriate 

public consultation/public involvement 

consistent with 40 CFR 93.105. With 

respect to 40 CFR 93.122(a)(4)(ii) and 40 

CFR 93.125(c), NMAC 

20.11.3.219(A)(4)(b) and NMAC 

20.11.3.222(C) of the executed MOUs 

specifies that written commitments for 

control measures and mitigation 

measures for meeting these 

requirements will be provided as 

needed. 

IV. Final Action 

EPA is hereby approving the 

Bernalillo County SIP revision for 

Transportation Conformity, which was 

submitted on December 4, 2008. We 

have evaluated the State’s submittal and 

have determined that it meets the 

applicable requirements of the Clean Air 

Act and EPA regulations, and is 

consistent with EPA policy. The 

December 4, 2008 submission 

supersedes the May 15, 2003 and 

August 4, 2005 submissions, so no 

action is necessary on these earlier 

submissions. 

EPA is publishing this rule without 

prior proposal because we view this as 

a non-controversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if relevant adverse 

comments are received. This rule will 

be effective on June 21, 2010 without 

further notice unless we receive adverse 

comment by May 24, 2010. If we receive 

adverse comments, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. We will address 

all public comments in a subsequent 

final rule based on the proposed rule. 

We will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so 

now. Please note that if we receive 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 21, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 77 / Thursday, April 22, 2010 / Rules and Regulations 20925 

1Pub. L. 92–513, 86 Stat 947, 961 (1972). 

2Pub. L. 99–579, 100 Stat. 3309 (1986). 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Nitrogen dioxides, Particulate 

matter, Reporting and recordkeeping 

requirements, Transportation 

conformity, Transportation—air quality 

planning, Volatile organic compounds. 

Dated: April 9, 2010. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart GG—New Mexico 

■ 2. The second table in § 52.1620(c) 

entitled ‘‘EPA Approved Albuquerque/ 

Bernalillo County, NM Regulations’’ is 

amended by revising the entry for Part 

3 (20.11.3 NMAC), Transportation 

Conformity, to read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS

State citation Title/subject 

State approval/effective 

date 

EPA approval date Explanation 

* * * * * * * 

New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 11—Albuquerque/Bernalillo County Air Quality 

Control Board 

* * * * * * * 

Part 3 (20.11.3 NMAC) ................... Transportation Conformity .............. 12/17/2008 April 22, 2010 [Insert FR page 

number where document begins].

* * * * * * * 

[FR Doc. 2010–9196 Filed 4–21–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 580 

[Docket No. NHTSA–2009–0174; Notice 2] 

Petition for Approval of Alternate 

Odometer Disclosure Requirements 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Final determination. 

SUMMARY: The State of Texas has 

petitioned for approval of alternate 

requirements to certain requirements 

under Federal odometer law. NHTSA is 

issuing this final determination granting 

Texas’s petition. 

DATES: Effective Date: May 24, 2010. 

Request for reconsideration due no later 

than June 7, 2010. 

ADDRESSES: Requests for reconsideration 

must be submitted in writing to 

Administrator, National Highway 

Traffic Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. Requests should refer to the 

docket and notice number above. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: 

Andrew DiMarsico, Office of the Chief 

Counsel, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590 

(Telephone: 202–366–5263) (Fax: 202– 

366–3820). 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Federal odometer law, which is 

largely based on the Motor Vehicle 

Information and Cost Savings Act (Cost 

Savings Act) 1 and the Truth in Mileage 

Act of 1986,2 as amended (TIMA), 

contains a number of provisions to limit 

odometer fraud and assure that the 

purchaser of a motor vehicle knows the 

true mileage of the vehicle. The Cost 

Savings Act requires the Secretary of 

Transportation to promulgate 

regulations requiring the transferor 

(seller) of a motor vehicle to provide a 

written statement of the vehicle’s 

mileage registered on the odometer to 

the transferee (buyer) in connection 

with the transfer of ownership. This 

written statement is generally referred to 

as the odometer disclosure statement. 

Further, under TIMA, vehicle titles 

themselves must have a space for the 

odometer disclosure statement and 

States are prohibited from licensing 

vehicles unless a valid odometer 

disclosure statement on the title is 

signed and dated by the transferor. 

Titles must also be printed by a secure 

printing process or other secure process. 

TIMA also contains specific disclosure 

provisions on transfers of leased 

vehicles. Federal law also contains 

document retention requirements for 

motor vehicle dealers and lessors. 

TIMA’s motor vehicle mileage 

disclosure requirements apply in a State 

unless the State has alternative 

requirements approved by the Secretary. 

The Secretary has delegated 

administration of the odometer program 

to NHTSA. A State may petition NHTSA 

for approval of such alternate odometer 

disclosure requirements. 


emcdonald on DSK2BSOYB1PROD with RULES