[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Rules and Regulations]
[Pages 20550-20551]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8137]
[[Page 20550]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
23 CFR Part 1340
[Docket No. NHTSA-2010-0002]
RIN 2127-AL23
Uniform Criteria for State Observational Surveys of Seat Belt Use
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule amends the implementation date for use of the
revised uniform criteria for State Observational Surveys of Seat Belt
Use. With this change, States may continue in calendar year 2012 to use
a survey design that was approved under the old uniform criteria or, at
their election, use a survey design approved under the revised uniform
criteria. In calendar year 2013, all States must use a survey design
approved under the revised uniform criteria.
DATES: This final rule is effective April 5, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Jin Kim, Attorney-Advisor, Office
of the Chief Counsel, National Highway Traffic Safety Administration,
1200 New Jersey Avenue SE., NCC-113, Washington, DC 20590. Telephone
number: 202-366-1834; Email: Jin.Kim@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion
On April 1, 2011, the National Highway Traffic Safety
Administration (NHTSA) published a final rule setting forth ``Uniform
Criteria for State Observational Surveys of Seat Belt Use.'' 76 FR
18042. That final rule amended the regulation establishing uniform
criteria for designing and conducting State observational surveys of
seat belt use and the procedures for obtaining NHTSA approval of survey
designs, and provided a new form for reporting seat belt use rates to
NHTSA.
The final rule specified that beginning with calendar year 2012
surveys, States must use survey designs that have been approved by
NHTSA as conforming to the revised uniform criteria. Under the rule,
States were required to submit proposed survey designs by January 3,
2012. Almost all States met this deadline. However, in reviewing the
proposed survey designs, NHTSA found it necessary to seek clarification
from States, in some cases several times. Due to the unanticipated
complexity of the review process, only a few States have survey designs
that have been approved at this time by NHTSA.
Most States conduct seat belt use surveys in May and June, during
the time of the nationally-supported seat belt enforcement
mobilization. NHTSA does not believe that proposed survey designs will
be approved in time for all States to train data collectors and conduct
seat belt use surveys in May and June of 2012. For this reason, NHTSA
is amending the final rule to allow States to conduct calendar year
2012 seat belt use surveys using designs approved by NHTSA under the
old uniform criteria or, at a State's election if its new survey design
has been approved, under the revised uniform criteria. Beginning in
calendar year 2013, all States must conduct a survey whose design
satisfies and is approved by NHTSA under the revised uniform criteria.
II. Rulemaking Analyses and Notices
The Administrative Procedure Act (APA) authorizes agencies to
dispense with certain notice procedures for rules when they find ``good
cause'' to do so. See 5 U.S.C. 553(b)(B). Specifically, the
requirements for prior notice and opportunity to comment do not apply
when the agency for good cause finds that those procedures are
``impractical, unnecessary, or contrary to the public interest.''
This final rule would amend only the date by which States must
conduct seat belt use surveys using the revised uniform criteria. NHTSA
already sought public comment on all other aspects of the revised
uniform criteria. See 75 FR 4509 (Jan. 28, 2010). The earlier-published
final rule reflects the agency's consideration of and response to those
comments. See 76 FR 18042 (Apr. 1, 2011).
This amendment would relieve a burden on the States and has no
safety impact. While most States met the deadline to submit proposed
survey designs under the revised criteria, there has been a need for
significant consultation during NHTSA's review of these proposed
designs. At this time, only a few States have survey designs that have
been approved by NHTSA under the revised uniform criteria. NHTSA does
not believe that proposed survey designs will be approved in time for
all States to conduct seat belt use surveys during May and June, as is
typical practice. Further, notice and comment are ``impractical,
unnecessary, or contrary to the public interest'' given this timeline.
This final rule would provide States with sufficient notice so that
States may elect to collect data in May and June 2012 using either the
old uniform criteria or the revised uniform criteria.
The APA provides that rules generally may not take effect earlier
than thirty (30) days after they are published in the Federal Register.
See 5 U.S.C. 553(d). However, section 553(d)(1) provides that a
substantive rule which grants or recognizes an exemption or relieves a
restriction may take effect earlier. Today's final rule, which relieves
a restriction, is effective immediately upon publication.
The agency has discussed the relevant requirements of regulatory
analyses and notices in the underlying final rule published at 76 FR
18042 (Apr. 1, 2011). Those discussions are not affected by this
amendment.
Regulatory Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
Privacy Act
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 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.regulations.gov.
III. Regulatory Text
List of Subjects in 23 CFR Part 1340
Grant programs--transportation, Highway safety, Intergovernmental
relations, Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, the National Highway
Traffic Safety Administration amends 23 CFR part 1340 as follows:
PART 1340--UNIFORM CRITERIA FOR STATE OBSERVATIONAL SURVEYS OF SEAT
BELT USE
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1. The authority citation for part 1340 continues to read as follows:
Authority: 23 U.S.C. 402; delegation of authority at 49 CFR
1.50.
[[Page 20551]]
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2. Section 1340.2 is revised to read as follows:
Sec. 1340.2 Applicability.
This part applies to State surveys of seat belt use beginning in
calendar year 2013 and continuing annually thereafter. However, a State
may elect to conduct its calendar year 2012 seat belt use survey using
a survey design approved under this part.
Issued on: March 28, 2012.
David L. Strickland,
Administrator.
[FR Doc. 2012-8137 Filed 4-4-12; 8:45 am]
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