[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Rules and Regulations]
[Pages 4985-5033]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00682]
[[Page 4985]]
Vol. 78
Wednesday,
No. 15
January 23, 2013
Part II
Department of Transportation
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National Highway Traffic Safety Administration
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23 CFR Parts 1200, 1205, 1206 et al.
Uniform Procedures for State Highway Safety Grant Programs; Final Rule
Federal Register / Vol. 78 , No. 15 / Wednesday, January 23, 2013 /
Rules and Regulations
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
23 CFR Parts 1200, 1205, 1206, 1250, 1251, 1252, 1313, 1335, 1345,
and 1350
[Docket No. NHTSA-2013-0001]
RIN 2127-AL30; RIN 2127-AL29
Uniform Procedures for State Highway Safety Grant Programs
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Interim final rule; request for comments.
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SUMMARY: This action establishes new uniform procedures governing the
implementation of State highway safety grant programs as amended by the
Moving Ahead for Progress in the 21st Century Act (MAP-21). It also
reorganizes and amends existing requirements to implement the
provisions of MAP-21.
This document is being issued as an interim final rule to provide
timely guidance about the application procedures for national priority
safety program grants in fiscal year 2013 and all Chapter 4 highway
safety grants beginning in fiscal year 2014. The agency requests
comments on the rule. The agency will publish a notice responding to
any comments received and, if appropriate, will amend provisions of the
regulation.
DATES: This interim final rule becomes effective on January 23, 2013.
Comments on this interim final rule are due April 23, 2013. In
compliance with the Paperwork Reduction Act, NHTSA is also seeking
comment on a new information collection. See the Paperwork Reduction
Act section under Regulatory Analyses and Notices below. Comments
relating to new information collection requirements are due March 25,
2013 to NHTSA and to the Office of Management and Budget (OMB) at the
address listed in the ADDRESSES section.
ADDRESSES: Written comments to NHTSA may be submitted using any one of
the following methods:
Mail: Send comments to: Docket Management Facility, M-30,
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building, Room W12-140, Washington, DC 20590.
Fax: Written comments may be faxed to (202) 493-2251.
Internet: To submit comments electronically, go to the US
Government regulations Web site at http://www.regulations.gov. Follow
the online instructions for submitting comments.
Hand Delivery: If you plan to submit written comments by
hand or courier, please do so at 1200 New Jersey Avenue SE., West
Building, Ground Floor, Room W12-140, Washington, DC, between 9 a.m.
and 5 p.m., Eastern Time, Monday through Friday, except Federal
holidays.
Whichever way you submit your comments, please remember to identify
the docket number of this document within your correspondence. You may
contact the docket by telephone at (202) 366-9324. Note that all
comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Comments regarding the proposed information collection should be
submitted to NHTSA through one of the preceding methods and a copy
should also be sent to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725-17th Street, NW.,
Washington, DC 20503, Attention: NHTSA Desk Officer.
Privacy Act: Please see the Privacy Act heading under Regulatory
Analyses and Notices.
Docket: All documents in the dockets are listed in the http://www.regulations.gov index. Publicly available docket materials are
available either electronically in www.regulations.gov or in hard copy
at the Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC. The Docket Management Facility is
open between 9 a.m. and 5 p.m., Eastern Time, Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For program issues: Dr. Mary D.
Gunnels, Associate Administrator, Regional Operations and Program
Delivery, National Highway Traffic Safety Administration, Telephone
number: (202) 366-2121; Email: Maggi.Gunnels@dot.gov.
For legal issues: Ms. Jin Kim, Attorney-Advisor, Office of the
Chief Counsel, National Highway Traffic Safety Administration,
Telephone number: (202) 366-1834; Email: Jin.Kim@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Section 402 Grant Program
III. Section 405 Grant Program
IV. Administration of Highway Safety Grants (Section 402 and 405
Grants)
V. Immediate Effective Date and Request for Comments
VI. Regulatory Analyses and Notices
I. Executive Summary
On July 6, 2012, the President signed into law the ``Moving Ahead
for Progress in the 21st Century Act'' (MAP-21), Public Law 112-141,
which restructured and made various substantive changes to the highway
safety grant programs administered by the National Highway Traffic
Safety Administration (NHTSA). Specifically, MAP-21 modified the
existing formula grant program codified at 23 U.S.C. 402 (Section 402)
by requiring States to develop and implement the State highway safety
program using performance measures. MAP-21 also rescinded a number of
separate incentive grant programs that existed under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU), Public Law 109-59, and replaced them with the
``National Priority Safety Programs,'' codified in a single section of
the United States Code (23 U.S.C. 405 (Section 405)). The National
Priority Safety Programs include Occupant Protection, State Traffic
Safety Information Systems, Impaired Driving Countermeasures,
Motorcyclist Safety, and two new grant programs--Distracted Driving and
State Graduated Driver Licensing. MAP-21 specifies a single application
deadline for all highway safety grants and directs NHTSA to establish a
consolidated application process, using the Highway Safety Plan that
States have traditionally submitted for the Section 402 program. See
Sections 31101(f) and 31102, MAP-21.
MAP-21 provides additional linkages between NHTSA-administered
programs and the programs of other DOT agencies coordinated through the
State strategic highway safety plan administered by the Federal Highway
Administration (FHWA), as defined in 23 U.S.C. 148(a). The Department
will harmonize performance measures that are common across programs of
DOT agencies (e.g., fatalities and serious injuries) to ensure that the
highway safety community is provided uniform measures of progress.
Section 402, as amended by MAP-21, continues to require each State
to have an approved highway safety program designed to reduce traffic
crashes and the resulting deaths, injuries, and property damage.
Section 402 sets forth minimum requirements with which each State's
highway safety program must comply. Under existing procedures, States
must submit a Highway Safety Plan (HSP) each year to NHTSA for
approval, describing their highway safety program and the
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activities they plan to undertake. The HSP is a critical element that
illustrates the linkage between highway safety program planning and
program performance. NHTSA has worked collaboratively with the
Governors Highway Safety Association (GHSA) on improvements to the HSPs
and the planning process for many years, and expects that continuous
improvement efforts will demonstrate measurable progress in traffic
safety. Going forward, HSP coordination with the State strategic
highway safety plan as defined in 23 U.S.C. 148(a) will continue that
improvement. NHTSA intends to collaborate with other DOT agencies to
ensure there are not multiple measures and targets for the performance
measures common across the various Federal safety programs.
DOT will continue to analyze the linkage between specific safety
investments made by the States and States' safety outcomes to learn
more about the associations between the application of resources and
safety outcomes. DOT will perform this analysis using data provided by
States to build and improve the foundation of evidence to inform future
reauthorization proposals. DOT's analysis could inform additional
requirements for safety programs and potentially additional data from
States.
MAP-21 amended Section 402 to require, among other things, States
to submit for fiscal year 2014 and thereafter an HSP with performance
measures and targets as a condition of approval of the State's highway
safety program. (23 U.S.C. 402(k)(3)) MAP-21 specifies in more detail
the contents of the HSP that States must submit, including strategies
for programming funds, data supporting those strategies, and a report
on the degree of success in meeting the performance measure targets.
Id. MAP-21 also directs States to include in the HSP their application
for all other grants under 23 U.S.C. Chapter 4, and to submit their HSP
by July 1 of the fiscal year preceding the fiscal year of the grant.
(23 U.S.C. 402(k)(2) and 402(k)(3))
The National Priority Safety Programs created by MAP-21 continue
many aspects of previous grants, but also include changes. (23 U.S.C.
405) Specifically, MAP-21 consolidated several previously separate
occupant protection grants into a single occupant protection grant
under new Section 405(b), updated the requirements for a State traffic
safety information system improvements grant under new Section 405(c),
revised the impaired driving countermeasures grant under new Section
405(d), including a new grant for State ignition interlock laws,
created a new distracted driving grant under new Section 405(e),
extended the motorcyclist safety grant largely unchanged under new
Section 405(f), and created a new graduated driver licensing grant
under new Section 405(g). None of these grant programs under MAP-21 is
identical to a grant program that existed under SAFETEA-LU, but many
continue various requirements of the prior grant programs. For each of
these grants, MAP-21 specifies the criteria for a grant award (some of
which are prescriptive), the mechanism for allocation of grant funds,
and the eligible uses of grant funds.
MAP-21 requires NHTSA to award highway safety grants pursuant to
rulemaking and separately requires NHTSA to establish minimum
requirements for the graduated driver licensing (GDL) grant in
accordance with the notice and comment provisions of the Administrative
Procedure Act. (Section 31101(d), MAP-21; 23 U.S.C. 405(g)(3)(A)) In
order to provide States with as much advance time as practicable to
prepare grant applications and to ensure the timely award of all grants
in fiscal years 2013 and 2014, the agency is proceeding with an
expedited rulemaking. Accordingly, NHTSA is publishing this rulemaking
as an interim final rule (IFR), with immediate effectiveness, to
implement the application and administrative requirements of the
highway safety grant programs. Responding to the notice and comment
requirement for the GDL grant program, NHTSA published a notice of
proposed rulemaking (NPRM) for that program on October 5, 2012. (77 FR
60956) The comment period for the GDL NPRM closed on October 25, 2012.
Today's IFR addresses the comments received and incorporates
requirements for the GDL program. See Section III.G. below.
This IFR sets forth the application, approval, and administrative
requirements for all MAP-21 grant programs. It updates the Uniform
Procedures for State Highway Safety Programs to incorporate the new
performance measures process and the single application requirement. It
adds requirements for the new Section 405 incentive grant programs.
Finally, it updates and consolidates into one rule a number of old
regulations (State Highway Safety Agency, Political Subdivision
Participation in State Highway Safety Programs, State Matching of
Planning and Administration Costs, Rules of Procedure for Invoking
Sanctions under the Highway Safety Act of 1966) that remain applicable
to the highway safety grants. While many procedures and requirements
continue unchanged by today's action, organization and section numbers
have changed.
For ease of reference, the preamble identifies in parentheses
within each subheading and at appropriate places in the explanatory
paragraphs the new CFR citation for the corresponding regulatory text.
II. Section 402 Grant Program
A. General
The Highway Safety Act of 1966 (23 U.S.C. 401 et seq.) established
a formula grant program to improve highway safety in the United States.
As a condition of the grant, States must meet certain requirements
contained in 23 U.S.C. 402. While MAP-21 reorganized a number of
provisions within Section 402, it retained much of the existing
requirements of the formula grant program. Section 402(a) continues to
require each State to have a highway safety program, approved by the
Secretary of Transportation, which is designed to reduce traffic
crashes and the resulting deaths, injuries, and property damage from
those crashes. Section 402(a) also continues to require State highway
safety programs to comply with uniform guidelines promulgated by the
Secretary.
MAP-21 amended Section 402(b), which sets forth the minimum
requirements with which each State highway safety program must comply,
to require the Highway Safety Plan (HSP) to provide for a data-driven
traffic safety enforcement program to prevent traffic violations,
crashes, and crash fatalities and injuries in areas most at risk for
such incidents. As is evident with other amendments to Section 402
discussed below, MAP-21 highlights the importance of strategies
supported by data to reduce crashes. While data-driven program
development has long been a practice of jurisdictions in the highway
safety grant program, requiring States to have a data-driven traffic
safety enforcement program and targeted enforcement based on data will
promote improved safety outcomes. MAP-21 also amended Section 402(b) to
require each State to coordinate its HSP, data collection, and
information systems with the State strategic highway safety plan as
defined in 23 U.S.C. 148(a). Such a requirement to coordinate these
elements into a unified State approach to highway safety promotes
comprehensive transportation and safety planning and program efficiency
in the States. Coordinating the HSP planning process with the programs
of
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other DOT agencies where possible will ensure alignment of State
performance targets where common measurements exist, such as fatalities
and serious injuries. States are encouraged to use data to identify
performance measures beyond these consensus performance measures (e.g.,
distracted driving, bicycles). NHTSA will collaborate with other DOT
agencies to promote alignment among performance measures.
MAP-21 also amends the uses of Section 402 grant funds. Section
402(b) prohibits the use of automated traffic enforcement systems. Such
systems include red light and speed cameras, but do not include hand
held radar or devices that law enforcement officers use to take an
enforcement action at the time of a violation. Section 402(c) provides
that States may use grant funds in cooperation with neighboring States
for highway safety purposes that benefit all participating States. For
States that share a common media market, enforcement corridors and
program needs, such interstate initiatives recognize the mutual
benefits that may be gained by multiple jurisdictions through the
sharing of resources. Finally, Section 402(g) provides an exception to
the general prohibition against using Section 402 grant funds for
activities carried out under 23 U.S.C. 403. States may now use Section
402 funds to supplement demonstration projects carried out under
Section 403.
B. Highway Safety Plan Contents
The most significant changes in the Section 402 grant program are
the new performance-based requirements for the HSP and the reporting
requirements. Under the old regulation, State HSPs were required to
contain a performance plan with (1) a list of objective and measurable
highway safety goals, (2) performance measures for each of the safety
goals, and (3) a description of the processes used by the State to
identify highway safety problems, define highway safety performance
measures, and develop projects to address problems and achieve the
State's goals. In addition, States were to include descriptions of
program strategies they planned to implement to reach highway safety
targets. Many of these requirements remain unchanged by today's action.
However, based on the new requirements in MAP-21, States will need to
provide additional information in the HSP to meet the performance-
based, evidence-based requirements of MAP-21. (23 CFR 1200.11)
Under the old regulation, States were required to describe the
highway safety planning process in the HSP. This continues to be
required by today's action. However, the agency made some changes to
reflect the terms used in MAP-21 (e.g., performance measures and
targets, data-based, evidence-based). The IFR also includes a new
requirement that the State include a description of the efforts and the
outcomes of the effort the State has made to coordinate the highway
safety plan, data collection, and information systems with the State
strategic highway safety plan, as required by MAP-21. (23 CFR
1200.11(a))
While the most significant change in MAP-21 is the performance-
based requirements for the HSP, States have been moving in that
direction over the past several years based on a cooperative effort
with GHSA and DOT to establish voluntary performance measures for
highway safety grant programs. Over the years, NHTSA and GHSA have
developed numerous tools and resource documents to enhance the
effectiveness of the HSPs and promote linkage to measurable traffic
safety improvements that will support requirements under MAP-21. State
HSPs must now provide for performance measures and targets that are
evidence-based, and this is consistent with the report, ``Traffic
Safety Performance Measures for States and Federal Agencies'' (DOT HS
811 025), that States have been using to develop performance measures
since 2010. The agency will regularly review with the States the
performance measures and coordinate with other DOT agencies to ensure
consistent application. As directed by MAP-21, NHTSA must ``coordinate
with [GHSA] in making revisions to the set of required performance
measures.'' (23 U.S.C. 402(k)(4)) The Department will harmonize
performance measures that are common across programs of DOT agencies
(e.g., fatalities and serious injuries) to ensure that the highway
safety community is provided uniform measures of progress.
The State process for setting targets in the HSP must be based on
an analysis of data trends and a resource allocation assessment. For
purposes of the current rulemaking, evidence-based analysis should
include States' programming of resources compared to the specific
measures in ``Traffic Safety Performance Measures for States and
Federal Agencies.'' As required by MAP-21, the HSP must provide
documentation of the current safety levels for each performance
measure, quantifiable annual performance targets for each performance
measure, and a justification for each performance target, including an
explanation of why each target is appropriate and evidence based.
Consistent with the Highway Safety Plan for continuous safety
improvement, selected targets, should whenever reasonable, represent an
improvement from the current status rather than a simple maintenance of
the current rate. Targets for each program area should be consistent,
compatible and provide sufficient coverage of State geographic areas
and road users. When aggregated, strategies should lead logically to
overall statewide performance and be linked to the anticipated success
of the countermeasures or strategies selected and funded in the HSP.
(23 CFR 1200.11(b))
The agency will collaborate regularly with FHWA, Federal Motor
Carrier Safety Administration (FMCSA) and other DOT agencies along with
the Governor's Highway Safety Association (GHSA) and the State Highway
Safety Agencies to ensure the integration of highway safety planning
with the broader aspects of Statewide transportation. This broad-based
collaboration will assist NHTSA and GHSA to revise, update and improve
highway safety program performance measures as necessary, while
ensuring a consistent Departmental approach to surface transportation
safety.
MAP-21 specifies that for the HSP submitted for fiscal year 2014
grants, the required performance measures are limited to those
developed by NHTSA and GHSA in the Traffic Safety Performance Measures
report. (23 U.S.C. 402(k)(4)) NHTSA and GHSA agreed on a minimum set of
performance measures to be used by States and federal agencies in the
development and implementation of behavioral highway safety plans and
programs. An expert panel from NHTSA, FHWA, FMCSA, State highway safety
offices, academic and research organizations, and other key groups
assisted in developing these measures. Fourteen measures--10 core
outcome
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measures \1\, one core behavior measure \2\, and three activity
measures \3\--were established covering the major areas common to State
HSPs and using existing data systems. The minimum set of performance
measures developed by NHTSA and GHSA addresses most of the national
priority safety program areas, but do not address all the possible
highway safety problems in a State or all of the National Priority
Safety Programs specified in Section 405. For highway safety problems
identified by the State, but where performance measures have not been
jointly developed (e.g., distracted driving and bicycles), a State must
develop its own evidence-based performance measures.
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\1\ States set goals and report progress on the following
outcome measures:
1. Number of traffic fatalities (FARS);
2. Number of serious injuries in traffic crashes (State crash
data files);
3. Fatalities/VMT (FARS, FHWA);
4. Number of unrestrained passenger vehicle occupant fatalities,
all seat positions (FARS);
5. Number of fatalities in crashes involving a driver or
motorcycle operator with a BAC of
.08 and above (FARS);
6. Number of speeding-related fatalities (FARS);
7. Number of motorcyclist fatalities (FARS);
8. Number of unhelmeted motorcyclist fatalities (FARS);
9. Number of drivers age 20 or younger involved in fatal crashes
(FARS);
10. Number of pedestrian fatalities (FARS).
\2\ States set goals and report progress on one behavior core
measure--observed seat belt use for passenger vehicles, front seat
outboard occupants (survey).
\3\ States report on the following activity core measures:
1. Number of seat belt citations issued during grant-funded
enforcement activities (grant activity reporting);
2. Number of impaired driving arrests made during grant-funded
enforcement activities (grant activity reporting);
3. Number of speeding citations issued during grant-funded
enforcement activities (grant activity reporting).
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NHTSA will continue to work with States to ensure that annual HSPs
identify priority traffic safety problems. For HSPs for subsequent
fiscal years, NHTSA will also coordinate with GHSA on an annual basis
and with other DOT agencies to identify emerging traffic safety issues
and incorporate new national performance measures where feasible. NHTSA
will continue to provide ongoing technical assistance to States on
emerging priority traffic safety issues and encourage States to use
data to identify measures beyond the required consensus performance
measures. As the Department promulgates new regulations for programs to
improve highway safety, common definitions of performance measures and
targets will be adopted.
Under the old regulation, States were required to describe at least
one year of strategies and activities the State planned to implement.
As provided in the IFR, Highway Safety Plans must continue to include a
description of the countermeasure program area strategies the State
plans to implement to reach the performance targets identified by the
State in the HSP. In addition, the HSP must also include a description
of the projects that make up each program area that will implement the
program area strategies. For performance targets that are common across
DOT agencies, the projects that will be deployed to achieve those
targets may be a combination of those projects contained in the HSP and
other State and local plans. As required by MAP-21, the identified
program area strategies must also identify funds from other sources,
including Federal, State, local and private sector funds, used to carry
out the program area strategies. (23 CFR 1200.11(c))
MAP-21 also requires the State to describe its strategy in
developing its countermeasure programs and selecting the projects to
allow it to meet the highway safety performance targets. In selecting
the strategies and projects, States should be guided by the data and
data analysis supporting the effectiveness of the proposed
countermeasures and, if applicable, the emphasis areas in the State
strategic highway safety plan. NHTSA does not intend to discourage
innovative countermeasures, especially where few established
countermeasures exist, such as in distracted driving. Innovative
countermeasures that may not be scientifically proven to work but that
contain promise based on limited practical applications are encouraged
when a clear data-driven safety need has been identified. As evidence
of potential success, justification of new countermeasures can also be
based on the prior success of specific elements from other effective
countermeasures.
MAP-21 requires that a State must provide assurances that the State
will implement activities in support of national high-visibility law
enforcement mobilizations coordinated by the Secretary of
Transportation. In addition to providing such assurances, the State
must also describe in its HSP the State's planned high visibility
enforcement strategies to support national mobilizations for the
upcoming grant year. (23 CFR 1200.11(c); Appendix A)
As required under MAP-21, the State must also include a description
of its evidence-based traffic safety enforcement program to prevent
traffic violations, crashes, crash fatalities, and injuries in areas
most at risk for crashes. The IFR sets forth the minimum requirements
for the traffic safety enforcement program. (23 CFR 1200.11(c))
MAP-21 also specifies that the HSP must include a report on the
State's success in meeting its performance targets from the previous
fiscal year's HSP. Unlike the comprehensive, annual performance report
required under the old regulation, which is retained by today's action,
this performance report is a status report on the core performance
measures. (23 CFR 1200.11(d))
Under the old regulation, States submitted as part of their HSP a
program cost summary (HS Form 217). This requirement continues under
the IFR. States will continue to provide the proposed allocation of
funds (including carry-forward funds) by program area. However, under
today's action, States must also provide an accompanying list of the
projects and an estimated amount of Federal funds for each such project
that the State proposes to conduct in the upcoming fiscal year to meet
the performance targets identified in the HSP. Prior to and as a
condition of reimbursement, the project list must be updated to include
identifying project numbers for each project on the list. Several
States currently provide this level of information on the HS Form 217,
and would not need to provide a separate list. However, States that do
not provide this level of detail on the HS Form 217 must either begin
doing so or provide a separate list in addition to the HS Form 217. For
example, a number of States have grants tracking systems that can
generate reports with this information, and such reports would be
acceptable even if other information is included. No specific format is
required so long as the list includes the projects, project identifier
and estimated Federal funding for each project. (23 CFR 1200.11(e);
Appendix B)
As under the old regulations, States will continue to submit
certifications and assurances, signed by the Governor's Representative
for Highway Safety, certifying the HSP application contents and
providing assurances that they will comply with applicable laws and
regulations, financial and programmatic requirements and any special
funding conditions. Only the Governor's Representative for Highway
Safety may sign the certifications and assurances required under this
IFR. The certifications and assurances will now be included as Appendix
A to this part.
MAP-21 provides for a new Teen Traffic Safety Program for statewide
efforts to improve traffic safety for teen drivers. States may elect to
incorporate such a statewide program as an HSP
[[Page 4990]]
program area. If a State chooses to do so, it must include a
description of the projects it intends to conduct in the HSP and
provide assurances that the program meets certain statutory
requirements. The assurances for the Teen Traffic Safety Program are
included as an appendix to this part. (23 CFR 1200.11(g); Appendix C)
Finally, as noted above, MAP-21 requires that applications for all
grants under 23 U.S.C. Chapter 4 (including any of the six new grants
under Section 405) be part of the HSP submitted on July 1 of the fiscal
year preceding the fiscal year of the grant. The IFR provides for this
new deadline. (23 CFR 1200.12) Beginning with fiscal year 2014 grants,
each State must include its application for the Section 405 grants as
part of its HSP. (23 CFR 1200.11(h)) Details about the application
contents and qualification requirements of Section 405 grants are
provided in Section III below.
C. Review and Approval Procedures
MAP-21 specifies that NHTSA must approve or disapprove the HSP
within 60 days after receipt. As has been past practice, NHTSA may
request additional information from a State regarding the contents of
the HSP to determine whether the HSP meets statutory, regulatory and
programmatic requirements. To ensure that HSPs are approved or
disapproved within 60 days, States must respond promptly to NHTSA's
request for additional information. Failure to respond promptly may
delay approval and funding of the State's Section 402 grant. (23 CFR
1200.14(a))
Within 60 days, the Approving Official will approve or disapprove
the HSP, and specify any conditions to the approval. If the HSP is
disapproved, the Approving Official will specify the reasons for
disapproval. The State must resubmit the HSP with the necessary
modifications to the Approving Official. The Approving Official will
notify the State within 30 days of receipt of the revised HSP whether
the HSP is approved or disapproved. (23 CFR 1200.14(b)(1))
NHTSA expects to notify States of Section 405 grant qualification
before the start of the fiscal year of the grant, and to notify States
of grant award amounts early in the fiscal year. However, because the
calculation of Section 405 grant awards depends on the number of States
meeting the qualification requirements, States must respond promptly to
NHTSA's request for additional information or be disqualified from
consideration of a Section 405 grant. The agency does not intend to
delay grant awards to States that comply with grant submission
procedures due to the inability of other States to meet submission
deadlines.
D. Apportionment and Obligation of Grant Funds
The requirements of the old regulation regarding the apportionment
and obligation of Section 402 funds remain largely unchanged. However,
these requirements now apply both to Section 402 and 405 grant funds.
For Section 405 grants, each State must also provide an update to the
HSP in addition to the updated HS Form 217 for approval to address the
grant funds awarded for that fiscal year for each of the Section 405
grant programs for which it is applying. The IFR contains new language
clarifying that grant funds are available for expenditure for three
years after the last day of the fiscal year of apportionment or
allocation. (23 CFR 1200.15) See Section IV below for further
discussion of this important clarification.
III. Section 405 Grant Program
A. General (Sec. 1200.20)
Under this heading, we describe the requirements set forth in
today's action for each of the six new MAP-21 grant programs under 23
U.S.C. 405 (Occupant Protection, State Traffic Safety Information
System Improvements, Impaired Driving Countermeasures, Distracted
Driving, Motorcyclist Safety and State Graduated Driver Licensing). The
subheadings and explanatory paragraphs contain references to the
relevant sections of the IFR where a procedure or requirement is
implemented, as appropriate.
MAP-21 contains some provisions that apply in common to most or all
of the grants authorized under Section 405, such as definitions. In
addition, in some cases the agency has determined that it is
appropriate to impose certain requirements consistently across all of
these grants. For example, ``passenger motor vehicle'' is defined in
accordance with the agency's statutory jurisdiction to regulate motor
vehicles with a gross vehicle weight rating of less than 10,000 pounds.
These include passenger cars, minivans, vans, SUVs and pickup trucks.
Also, for all but the motorcyclist safety grant program, eligibility
under Section 405 is controlled by the definition of ``State'' under 23
U.S.C. 401, which includes the 50 States, the District of Columbia,
Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana
Islands, Guam and the U.S. Virgin Islands. (As noted in Sec. 1200.25,
the 50 States, the District of Columbia and Puerto Rico are eligible to
apply for motorcyclist safety grants.)
1. Qualification for a Grant Based on State Statutes
For most of the grants authorized under 23 U.S.C. 405, States may
qualify for a grant based on the existence of a conforming State
statute. In order to qualify for a grant on this basis, the State
statute must be enacted by the application due date and be in effect
and enforced, without interruption, by the beginning of and throughout
the fiscal year of the grant award. (23 CFR 1200.20(d))
Historically, NHTSA has interpreted the term ``enforce'' in other
highway safety programs from previous authorizations (e.g., SAFETEA-LU,
Section 2005, Pub. L. 109-59) to mean that the enacted law must be in
effect, allowing citations and fines to be issued. NHTSA will continue
to interpret ``enforce'' as it has in the past for these Section 405
grant programs. Therefore, a statute that has a future effective date
or that includes a provision limiting enforcement (e.g., by imposing
written warnings) during a ``grace period'' after the statute goes into
effect would not be deemed in effect or being enforced until the
effective date is reached or the grace period ends. A State whose law
is either not in effect, contains a ``grace period,'' ``warning
period'' or sunset provision during the grant year will not qualify for
a grant for that fiscal year.
2. Award Determination and Transfer of Funds
MAP-21 specifies that for three of the Section 405 grant programs
(Occupant Protection, State Traffic Safety Information System
Improvements and Impaired Driving Countermeasures) grant awards will be
allocated in proportion to the State's apportionment under 23 U.S.C.
402 for fiscal year 2009. For two of the grant programs (Distracted
Driving and Motorcyclist Safety), MAP-21 does not specify how the grant
awards will be allocated. For consistency with the other three Section
405 grant programs, and in accordance with past practice in a number of
highway safety grant programs, NHTSA will allocate Distracted Driving
and Motorcyclist Safety grant awards in proportion to the State's
apportionment under 23 U.S.C. 402 for fiscal year 2009. For Graduated
Driver Licensing grants, MAP-21 specifies that grant awards will be
allocated in proportion to the State's apportionment under 23 U.S.C.
402 for that fiscal year. In determining the grant award, NHTSA will
apply the apportionment formula under 23 U.S.C.
[[Page 4991]]
402(c) for fiscal year 2009 or the applicable fiscal year to all
qualifying States, in proportion to the amount each such State receives
under 23 U.S.C. 402(c), so that all available amounts are distributed
to qualifying States to the maximum extent practicable. (23 CFR
1200.20(e)(1)) However, the IFR provides that the amount of an award
for each grant program may not exceed 10 percent of the total amount
made available for that grant program, except for the motorcyclist
safety grant program, which has a different limit imposed by statute.
This limitation on grant amounts is necessary to prevent unintended
large distributions to a small number of States in the event only a few
States qualify for a grant award. (23 CFR 1200.20(e)(2))
In the event that all grant funds authorized for Section 405 grants
are not distributed, MAP-21 authorizes NHTSA to reallocate the
remaining amounts before the end of the fiscal year for expenditure
under the Section 402 program or in any Section 405 program area. (23
U.S.C. 405(a)(1)(G)) In accordance with this provision, NHTSA intends
to transfer these remaining grant funds among other programs to ensure
that to the maximum extent practicable each State receives the maximum
funding for which it qualifies. (23 CFR 1200.20(e)(3))
3. Matching. Section 31105 of MAP-21 specifies a Federal share of
80 percent for three of the grant programs (Occupant Protection, State
Traffic Safety Information System Improvements and Impaired Driving
Countermeasures) in Section 405. For the other three grant programs
(Distracted Driving, Motorcyclist Safety and State Graduated Driver
Licensing), MAP-21 does not specify Federal share. However, because 23
U.S.C. 120 specifies a Federal share of 80 percent for any project or
activity carried out under Title 23, unless otherwise specified, the
federal share for all of these other grant programs, which are programs
in Title 23, is 80 percent. (23 CFR 1200.20(f))
B. Occupant Protection Grants (Sec. 1200.21)
The purpose of this program is to encourage States to adopt and
implement occupant protection laws and programs to reduce highway
deaths and injuries from individuals riding unrestrained in motor
vehicles. NHTSA has administered a State occupant protection incentive
grant program since 1998, starting with a program authorized under the
Transportation Equity Act for the 21st Century (TEA-21), Public Law
105-178. That program was reauthorized largely unchanged in 2005 under
SAFETEA-LU (formerly codified at 23 U.S.C. 405), along with two
additional occupant protection grant programs--Safety Belt Performance
Grants (formerly codified at 23 U.S.C. 406) and Child Safety and Child
Booster Seat Incentive Grants (Section 2011 of SAFETEA-LU).
MAP-21 consolidated these previously separate occupant protection
grants into a single occupant protection grant under new Section
405(b). Under this program, an eligible State can qualify for grant
funds as either a high seat belt use rate State or lower seat belt use
rate State. A high seat belt use rate State is a State that has an
observed seat belt use rate of 90 percent or higher; a lower seat belt
use rate State is a State that has an observed seat belt use rate of
lower than 90 percent. MAP-21 provides that a high seat belt use rate
State may qualify for funds by submitting an occupant protection plan
and meeting three programmatic criteria (Click or Ticket It, child
restraint inspection stations, and child passenger safety technicians).
MAP-21 provides that a lower seat belt use rate State must meet these
same requirements, and additionally qualify for three of the following
six legal or programmatic criteria: primary seat belt use law, occupant
protection laws, high risk population countermeasure programs, seat
belt enforcement, comprehensive occupant protection program and
occupant protection assessment.
1. Definitions. MAP-21 defines ``child restraint'' and ``seat
belt.'' The IFR adopts these definitions without substantive change. In
today's action, the agency also includes definitions for ``high seat
belt use rate State'' and ``lower seat belt use rate State'' to clarify
how the agency will determine the seat belt use rates for States. The
agency is also including a definition for ``problem identification'' to
clarify a specific strategy used in developing State occupant
protection plans and programs. (See ``Eligibility Determinations,
below, for more information about these two categories.) (23 CFR
1200.21(b))
2. Eligibility Determination
Under this program, a State is eligible for occupant protection
incentive grant funds as either a high seat belt use rate State or a
lower seat belt use rate State. The State's seat belt use rate
determines whether a State qualifies for a grant under this section as
a high seat belt use rate State or a lower seat belt use rate State.
States must follow the procedures set forth in the IFR for submitting
seat belt use rates and documentation to the agency. (23 CFR
1200.21(d))
States conduct annual seat belt use observational surveys each
calendar year based on survey designs approved under 23 CFR part 1340,
Uniform Criteria for State Observational Surveys of Seat Belt Use.
Under the existing procedures, States submit the results of the seat
belt use survey March 1 each year. Based on the information submitted
by the States, NHTSA will determine which States are eligible for a
grant as high seat belt use rate States and which States are eligible
as lower seat belt use rate States.
The definition of the terms ``high seat belt use rate State'' and
``lower seat belt use rate State'' clarify how these determinations
will be made. Specifically, a State's status will be based on the
actual seat belt use rate without rounding and without taking into
account the standard deviation. Thus, for example, neither a State with
a seat belt use rate of 89.95 nor a State with a rate of 89.95 +/- a
2.5 percent standard error will be considered a high seat belt use rate
State. Consistent with current practice, the agency will review the
State submitted seat belt use rate derived from the approved statewide
seat belt use survey and provide confirmation of the rate or request
additional information within 30 days. For fiscal year 2013 grants, the
agency will determine eligibility based on the seat belt use rates from
the calendar year 2011 statewide seat belt use surveys.
The IFR sets forth how a State may qualify for a grant as a high
seat belt use rate State (23 CFR 1200.21(d)) or a lower seat belt use
rate State (23 CFR 1200.21(e))
3. Qualification Requirements for All States. To qualify for an
occupant protection grant under this section, States must meet the
following requirements:
i. Occupant Protection Plan
For the first fiscal year of the grant program, States must submit
an occupant protection plan that describes programs the State will
implement for achieving reductions in traffic crashes, fatalities and
injuries on public roads. (23 CFR 1200.21(d)(1)) In subsequent fiscal
years, States must update the occupant protection plan if there are
changes to the programs. States have long included occupant protection
plan material in the HSP they submit under Section 402. The agency
intends that States continue to be guided by the elements prescribed
under Uniform Guidelines for the State Highway Safety No. 20 Occupant
Protection Programs, promulgated under 23 U.S.C. 402, in
[[Page 4992]]
developing their occupant protection plan.
ii. Click It or Ticket
MAP-21 specifically requires States to participate in the Click It
or Ticket national mobilization in order to qualify for an occupant
protection grant. Click It or Ticket is an annual nationwide high
visibility enforcement campaign to reduce highway fatalities and
injuries by cracking down on seat belt nonuse. To satisfy this
criterion, the IFR requires that a State must provide a description of
the State's planned participation and an assurance signed by the
Governor's Representative for Highway Safety that it will participate
in the Click It or Ticket national mobilization in the fiscal year of
the grant. (23 CFR 1200.21(d)(2))
iii. Child Restraint Inspection Stations
MAP-21 requires States to have ``an active network of child
restraint inspection stations.'' Although MAP-21 does not define
``active network,'' the IFR specifies that an ``active network'' is one
where inspection stations are located in areas that service the
majority of the State's population and show evidence of outreach to
underserved areas. The agency used a version of this population-based
approach in the Motorcyclist Safety grant program authorized by
SAFETEA-LU. The agency will use population data from the most recent
national census (currently 2010) to validate that the stations are
representative of a majority of the population.
In addition, today's action specifies that these stations must be
staffed with nationally certified CPS technicians during posted working
hours. It is permissible for the State to have one technician
responsible for more than one inspection station. (23 CFR
1200.21(d)(3))
iv. Child Passenger Safety Technicians
MAP-21 also requires that States must have a plan to recruit, train
and maintain a sufficient number of child passenger safety technicians.
The IFR specifies that a ``sufficient number'' means at least one
nationally certified CPS technician responsible for coverage of each
inspection station and inspection event throughout the State. As noted
above, it is permissible for the State to plan to have one technician
responsible for more than one inspection station. (23 CFR
1200.21(d)(4))
v. Requirement for Maintenance of Effort
MAP-21 requires the State to maintain its aggregate expenditures
from all State and local sources for occupant protection programs at or
above the average level of such expenditures in fiscal years 2010 and
2011. The agency has the authority to waive or modify this requirement
for not more than one fiscal year. The agency expects that waivers will
only be granted under exceptional or uncontrollable circumstances. As a
condition of the grant, States will be required to provide assurances
that the State will maintain its aggregate expenditures in accordance
with this provision. (23 CFR 1200.21(c)(2); Appendix D)
4. Additional Requirements for Lower Seat Belt Use Rate States. In
addition to meeting the above requirements, States with a seat belt use
rate below 90 percent must meet at least three of six legal or
programmatic criteria to qualify for grant funds. The legal criteria
options are a primary seat belt use law and an occupant protection law.
(23 CFR 1200.21(e)(1)-(e)(2)) The programmatic criteria options are a
seat belt enforcement plan, high risk population countermeasure
programs, a comprehensive occupant protection program and completion of
an occupant protection program assessment. (23 CFR 1200.21(e)(3)-
(e)(6))
i. Primary Seat Belt Use Law
MAP-21 specifies that a State must enact and enforce a primary
enforcement seat belt use law. To qualify for this criterion, the IFR
requires that a State have primary enforcement of all seating positions
covered under the State's seat belt use law and child restraint law.
(23 CFR 1200.21(e)(1)) Thus, for example, if a State seat belt use law
requires all front seat passengers to be secured in a seat belt and its
child restraint law requires all children under 16 years of age to be
secured in a child restraint or seat belt, the State must provide for
primary enforcement for all violations of those requirements in order
to qualify for this criterion.
ii. Occupant Protection Laws
MAP-21 requires a lower seat belt use rate State to have occupant
protection laws requiring front and rear occupant protection use by all
occupants in an ``age-appropriate restraint.'' Because MAP-21 requires
coverage in an age-appropriate restraint, the agency is continuing the
requirements set forth in the predecessor child and booster seat grant
program (Section 2011 of SAFETEA-LU) that were tied to the agency's
child restraint performance standards (FMVSS 213). Thus, under today's
IFR, to meet this criterion, a State must require each occupant who is
under eight years of age, weighs less than 65 pounds and is less than
four feet, nine inches in height to be secured in an age-appropriate
child restraint. (23 CFR 1200.21(e)(2)(i)) All occupants riding in
passenger motor vehicles other than those identified above must be
secured in a seat belt or appropriate child restraint. (23 CFR
1200.21(e)(2)(ii)) These provisions require that there be no gaps in
coverage in the State occupant protection laws. (23 CFR
1200.21(e)(2)(ii))
The IFR also continues the minimum fine requirements of the
predecessor Section 405 program for a violation of the occupant program
law. To qualify under this criterion, the State must provide for the
imposition of a minimum fine of not less than $25 per unrestrained
occupant. This provision ensures that the State is enforcing the law in
a meaningful manner that can deter violations.
MAP-21 does not specify any permissible exemptions for this
criterion. Most, if not all, States have some exemptions in their
occupant protection laws. The agency recognizes that the goals of
higher seat belt use would not be served by denying grants to States
regardless of the nature of the exemption. However, some exemptions
would severely undermine the safety considerations underlying the
statute. Based on NHTSA's review of seat belt laws under previous
authorizations and given the maturity of occupant protection programs,
the IFR permits some exemptions, or variations of exemptions, that the
agency has accepted by long-standing application in seat belt programs,
such as Section 405, 406 and 2011 grant programs under previous
authorizations. (23 CFR 1200.21(e)(2)(iv)) The permitted exemptions
include the following:
(A) Drivers, but not passengers, of postal, utility, and commercial
vehicles that make frequent stops in the course of their business;
(B) Persons who are unable to wear a seat belt or child restraint
because of a medical condition, provided there is written documentation
from a physician;
(C) Persons who are unable wear a seat belt or child restraint
because all other seating positions are occupied by persons properly
restrained in seat belts or child restraints;
[[Page 4993]]
(D) Emergency vehicle operators and passengers in emergency
vehicles during an emergency;
(E) Persons riding in seating positions or vehicles not required by
Federal law to be equipped with seat belts;
(F) Passengers in public and livery conveyances;
Many States include exemptions for commercial drivers, such as
postal workers and utility workers, who make frequent stops in the
course of their business. However, in the IFR the agency limits this
exemption to the drivers themselves, and only during the course of
their route.
In predecessor grant programs, the agency permitted an exemption
for passengers who are unable to wear a seat belt or child restraint
because of a medical condition, provided the person has written
documentation of the condition from a physician. The agency is aware of
several variations of this exemption under State laws. The IFR
specifically limits the exemption to a ``medical condition'' that is
``documented'' by a ``physician.'' Provisions that exempt passengers
for size, weight or unfitness, for example, are not permissible.
Exemptions that do not require ``written'' documentation and that such
documentation be from a ``physician,'' meaning a licensed medical
professional, are similarly not permissible. The agency has not found
compelling evidence of medical conditions that impair a passenger's
ability to wear a seat belt or child restraint, and for this reason,
this medical exemption will be interpreted narrowly.
By long-standing practice under predecessor grant programs, the
agency has permitted an exemption when all seating positions are
occupied by other belted or restrained passengers, or when vehicles are
not required to be equipped with seat belts, and the IFR continues to
permit these exemptions. However, exemptions of the first kind are not
permitted unless all other seating positions in the vehicle are
occupied with properly belted or restrained passengers. Exemptions for
persons riding in seating positions not required by Federal law to be
equipped with seat belts recognize that some older vehicles that are
still on the road were originally manufactured without seat belts.
States also include exemptions for emergency situations. The agency
understands that passengers and operators of emergency vehicles during
an emergency may not be belted or in child restraints due to the
circumstances. While it is unlikely that law enforcement personnel
would ticket persons in these situations, even with the exemption, the
IFR permits an exemption for emergency vehicles in emergency
situations. This exemption is specific to ``emergency vehicles.''
Exemptions for persons transporting passengers in an emergency
situation or attending to the emergency needs of a passenger are
impermissibly over broad, because they are subjective in nature, and
the IFR does not allow them.
The IFR allows exemptions for passengers in public and livery
conveyances, such as taxi cabs. The agency recognizes that many States
find it impractical to impose liability in these situations.
Under the predecessor grant program for child safety seats and
booster seats, an exemption for children when no combination lap and
shoulder belt is available for any seating position was permitted. The
IFR continues this exemption, but applies it narrowly. The exemption is
permissible only with respect to the use of a booster seat, because
booster seats cannot be safely used with a two-point belt. The
exemption may not leave the child without a child restraint
requirement.
The market for child restraints and booster seats has changed
significantly during the last decade. Many child safety seats can be
secured with a lap belt only, and many child safety seats are available
for children weighing up to 80 pounds. The agency finds no continuing
reason why a child should be exempted from all child restraint
requirements (leaving the child to be restrained only by a two-point
belt) because a combination lap and shoulder belt is not available to
accommodate a booster seat. Accordingly, the agency will no longer
permit an exemption from a booster seat requirement when no combination
lap and shoulder belt is available, unless it requires the use of other
age-appropriate child restraints.
Consistent with past practice, NHTSA will review State laws to
determine whether all ``passenger motor vehicles'' are covered by the
State occupant protection law. Some State laws omit coverage for
vehicles that fall within the definition of passenger motor vehicle.
For example, some State laws exempt commercial vehicles or school
buses, but define these terms expansively to include passenger cars,
SUVs, or minivans used for those purposes. In those circumstances, such
laws do not meet the vehicle coverage requirements specified in this
IFR. On the other hand, exemptions to occupant protection laws that
apply only to vehicles with a GVWR of more than 10,000 pounds do not
render the State ineligible for this criterion.
iii. Seat Belt Enforcement
Under MAP-21, this criterion requires a lower seat belt use rate
State to ``conduct sustained (on-going and periodic) seat belt
enforcement at a defined level of participation during the year.'' To
satisfy this criterion, the IFR specifies that the State must submit a
seat belt enforcement plan that documents how law enforcement agencies
will participate in the sustained seat belt enforcement to cover at
least 70 percent of the State's population as shown by the latest
available Federal census or how law enforcement agencies covering
geographic areas in which at least 70 percent of the State's
unrestrained passenger vehicle occupant fatalities occurred (reported
in the HSP) will be responsible for seat belt enforcement. (23 CFR
1200.21(e)(3))
iv. High Risk Population Countermeasure Programs
MAP-21 requires a lower seat belt use rate State to implement
``countermeasure programs for high-risk populations, such as drivers on
rural roadways, unrestrained nighttime drivers, or teenage drivers.''
To qualify under this criterion, the IFR directs the State to provide
documentation of its countermeasure programs for at least two of the
high-risk populations identified in MAP-21 or other high-risk
populations identified by the State in its occupant protection plan.
The countermeasure programs must identify strategies for increasing
seat belt and child restraint use in these population classes. (23 CFR
1200.21(e)(4))
v. Comprehensive Occupant Protection Program
Under MAP-21, a lower seat belt use rate State must implement a
comprehensive occupant protection program in which the State has
conducted a NHTSA-facilitated program assessment, developed a statewide
strategic plan, designated an occupant protection coordinator, and
established a statewide occupant protection task force. Under this
criterion, in addition to submitting the occupant protection plan
required of all States, a lower seat belt use rate State must
demonstrate that it has a comprehensive program under which it has
developed a multi-year strategic plan based on input from statewide
stakeholders. (23 CFR 1200.21(e)(5)(ii-iii)) In prescribing the
required elements of the multi-year strategic plan, the agency was
guided by the NHTSA's Uniform Guidelines for State Highway Safety
Programs No. 20--Occupant Protection, promulgated
[[Page 4994]]
under 23 U.S.C. 402. The multi-year strategic plan must include a
program management strategy, a program evaluation strategy, a
communication and education program strategy and an enforcement
strategy. MAP-21 also requires under this criterion that the State has
designated an occupant protection coordinator and established a
statewide occupant protection task force. The comprehensive occupant
protection program must also include evidence that the State has
conducted a NHTSA-facilitated program assessment that evaluates the
program for elements designed to increase seat belt use in the State.
(23 CFR 1200.21(e)(5)(i))
vi. Occupant Protection Program Assessment
A separate criterion in MAP-21 requires a lower seat belt use rate
State to demonstrate that it has completed an assessment of its
occupant protection program during the three-year period preceding the
grant year or will conduct such an assessment during the first year of
the grant. A lower seat belt use rate State must provide evidence that
it has conducted a comprehensive NHTSA-facilitated assessment of all
elements of its occupant protection program within the three years
prior to the application due date. If the State has not conducted such
an assessment, it may meet the criterion by providing assurances that
it will conduct a NHTSA-facilitated assessment by September 1 of the
grant year. (23 CFR 1200.21(e)(6)) If the State fails to conduct a
NHTSA-facilitated assessment by September 1, the agency will seek the
return of Section 405(b) grant funds that the State qualified for on
the basis of the State's assurance that it would conduct such an
assessment by the deadline, and the agency will redistribute the grant
funds in accordance with Sec. 1200.20(e) to other qualifying States
under this section. Seeking the return of grant funds and
redistributing the funds to other qualifying States is the most
equitable resolution since the State did not meet the conditions of the
grant, and those grant funds should properly be awarded to other
qualifying States. Further, the failure of a State to conduct this
assessment will disqualify the State from the next fiscal year's grant.
5. Use of Grant Funds. MAP-21 identifies with particularity how
States may use grant funds awarded under this program, but permits high
seat belt use rate States to use up to 75 percent for any project or
activity eligible for funding under 23 U.S.C. 402. The IFR adopts this
language without change in 23 CFR 1200.21(f).
C. State Traffic Safety Information System Improvements Grants (Sec.
1200.22)
MAP-21 continues, with some changes, the traffic safety information
system improvements grant program authorized under SAFETEA-LU (formerly
codified at 23 U.S.C. 408). The purpose of the new grant program, as
under SAFETEA-LU, is to support State efforts to improve the data
systems needed to help identify priorities for Federal, State and local
highway and traffic safety programs, to link intra-State data systems,
and to improve the compatibility and interoperability of these data
systems with national data systems and the data systems of other States
for highway safety purposes, such as enhancing the ability to analyze
national trends in crash occurrences, rates, outcomes and
circumstances. (23 CFR 1200.22(a))
1. Traffic Records Coordinating Committee (TRCC) Requirement
The role and function of a TRCC in the State Traffic Safety
Information System Improvements grant program is very similar to that
of the TRCC in the predecessor data program. Consistent with those
requirements (pursuant to which many States already have established
the necessary organizational structure for their TRCC), a State's TRCC
under this section must have a multidisciplinary membership that
includes, among others, owners, operators, collectors and users of
traffic records and public health and injury control data systems,
highway safety, highway infrastructure, law enforcement and
adjudication officials, and public health, emergency medical services
(EMS), injury control, driver licensing and motor carrier agencies and
organizations. (23 CFR 1200.22(b)(1))
Building on guidance issued under the predecessor data program,
this IFR requires that a TRCC have specific review and approval
authority with respect to State highway safety data and traffic records
systems, technologies used to keep such systems current, TRCC
membership, the TRCC coordinator, changes to the State's multi-year
Strategic Plan, and performance measures used to demonstrate
quantitative progress. It also charges a TRCC with considering,
coordinating and representing to outside organizations the views of the
State organizations involved in the administration, collection and use
of highway safety data and traffic records. (23 CFR 1200.22(b)(2))
2. Strategic Plan Requirement
This IFR, as under the predecessor program, requires a State to
have a traffic records strategic plan that has been approved by the
TRCC and describes specific quantifiable and measurable anticipated
improvements in the State's core safety databases. The data collection
and information systems sections of the traffic records strategic plan
should be coordinated with the State strategic highway safety plan.
Identified performance measures, using the formats set forth in the
Model Performance Measures for State Traffic Records Systems (DOT HS
811 441, February 2011), collaboratively developed by NHTSA and GHSA,
continue to be critical components of a State's strategic plan, as do
recommendations resulting from its most recent highway safety data and
traffic records system assessment. (23 CFR 1200.22(c))
3. Quantifiable and Measurable Progress Requirement
Continuing the emphasis on performance measures and measurable
progress, this IFR emphasizes that a valid and unequivocal method of
demonstrating quantitative improvement in the data attributes of
accuracy, completeness, timeliness, uniformity, accessibility, and
integration in a core database is by showing an improved consistency
within the State's record system or achievement of a higher level of
compliance with a national model inventory of data elements, such as
the Model Minimum Uniform Crash Criteria (MMUCC), the Model Impaired
Driving Records Information System (MIDRIS), the Model Inventory of
Roadway Elements (MIRE) or the National Emergency Medical Services
Information System (NEMSIS). These model data elements include the
measure of Crash uniformity (C-U-1, the number of MMUCC-compliant data
elements entered into the crash database); the measure of Roadway
uniformity (R-U-1, the number of MIRE-compliant data elements entered
into the roadway database); one of the measures of Citation/
Adjudication uniformity (C/A-U-1, the number of MIDRIS-compliant data
elements entered into the citation database); and both of the measures
of EMS/Injury Surveillance uniformity (I-U-1 and I-U-2, the percentage
and number of records on the State EMS data file that are NEMSIS-
compliant). (23 CFR 1200.22(d))
Performance measures must be in the formats set forth in the Model
[[Page 4995]]
Performance Measures for State Traffic Records Systems (DOT HS 811 441,
February 2011) collaboratively developed by NHTSA and GHSA. To satisfy
this progress requirement, the supporting data must demonstrate that
the progress was achieved, at least in part, within the preceding 12
months.
Under the predecessor data program, a State had to certify that it
had adopted and was using the model data elements or that the grant
funds it received under the program would be used toward adopting and
using the maximum number of model data elements as soon as practicable.
To qualify for a grant under this IFR, States do not need to make this
same certification. However, the MMUCC, MIRE, MIDRIS and NEMSIS model
data sets continue to be central to States' efforts to improve their
highway safety data and traffic records systems. For this reason, in
order to demonstrate measurable progress, this IFR strongly encourages
a State to achieve a higher level of compliance with a national model
inventory.
States are strongly encouraged to submit one or more voluntary
interim progress reports documenting performance measures and
supportive data that demonstrate quantitative progress in relation to
one or more of the six significant data program attributes. NHTSA
recommends submission of the interim progress reports prior to the
application due date to provide time for NHTSA to interact with the
State to obtain any additional information that NHTSA may need to
verify the State's quantifiable, measurable progress.
4. Requirement To Conduct or Update a Traffic Records System Assessment
This IFR requires that a State certification be based on an
assessment that complies with the procedures and methodologies outlined
in NHTSA's Traffic Records Highway Safety Program Advisory (DOT HS 811
644). As in the past, NHTSA will continue to conduct State assessments
that meet the requirements of this section without charge, subject to
the availability of funding. (23 CFR 1200.22(e))
A State that satisfies this certification requirement on the basis
of having updated an assessment of its highway safety data and traffic
records system during the preceding five years must submit with its
application an assessment update report including (1) the date on which
the most recent assessment was completed, (2) a listing of all
recommendations to the State contained in the assessment report, (3) an
explanation of how the State has addressed each recommendation since
the date the assessment was completed, and (4) the date on which the
assessment update report was prepared.
5. Requirement for Maintenance of Effort
MAP-21 requires the State to maintain its aggregate expenditures
from all State and local sources for State traffic safety information
system programs at or above the average level of such expenditures in
fiscal years 2010 and 2011. The agency has the authority to waive or
modify this requirement for not more than one fiscal year. The agency
expects that waivers will be granted only under exceptional
circumstances. As a condition of the grant, each State will be required
to provide assurances that the State will maintain its aggregate
expenditures in accordance with this provision. (23 CFR 1200.22(f);
Appendix D)
6. Use of Grant Funds. States may use grant funds awarded under
this subsection for making data program improvements to core highway
safety databases related to quantifiable, measurable progress in any of
the significant data program attributes of accuracy, completeness,
timeliness, uniformity, accessibility or integration of a core highway
safety database.
D. Impaired Driving Countermeasures Grants (Sec. 1200.23)
The impaired driving countermeasures grant program was created by
the Drunk Driving Prevention Act of 1988 and codified at 23 U.S.C. 410.
As originally conceived, States could qualify for basic and
supplemental grants under this program. Since the inception of the
Section 410 program, it has been amended several times to change the
grant criteria and grant award amounts. The most recent amendments
prior to those leading to today's action arose out of the program
authorized under SAFETEA-LU. These amendments modified the grant
criteria and the award amounts and made a number of structural changes
to streamline the program.
Under SAFETEA-LU, States could meet the grant program requirements
by qualifying either on the basis of a low alcohol-related fatality
rate, based on the agency's Fatality Analysis Reporting System (FARS)
data, or by meeting a number of specified programmatic criteria each
year of the grant (three in the first fiscal year, four in the
following fiscal year, and five in the remaining fiscal years of the
program). Specifically, the programmatic requirements included the
following criteria: high visibility impaired driving enforcement
program; prosecution and adjudication outreach program; BAC testing
program; high risk drivers program; alcohol rehabilitation or DWI court
program; underage drinking prevention program; administrative license
suspension and revocation program; and self-sustaining impaired driving
prevention program. In addition, a separate grant program provided
funds to the 10 States with the highest alcohol-related fatality rates.
MAP-21 modified the grant award criteria and the award amounts and
included a number of structural changes to the impaired driving
countermeasures grant program.
1. Impaired Driving Countermeasures Program Under MAP-21
As directed in MAP-21, States qualify for a grant based on a
determination of the State's average impaired driving fatality rate
using the most recently available final data from NHTSA's FARS. States
are then classified as either low-range, mid-range, or high-range
States and are required to meet certain statutory requirements
associated with each classification. In addition, under MAP-21, a new
grant is created to separately reward States that have mandatory
ignition interlock laws applicable to all DUI offenders (``alcohol-
ignition interlock State'' grants). There are no longer formal
programmatic requirements under MAP-21. (23 CFR 1200.23(c))
The average impaired driving fatality rate, the basis for most
grant awards under this section, is based on the number of fatalities
in motor vehicle crashes in a State that involve a driver with a blood
alcohol concentration of at least 0.08 percent for every 100,000,000
vehicle miles traveled (VMT). Rate determinations based on FARS data
from the most recently reported three calendar years for a State are
then averaged to determine the rate. These determinations will be used
to identify States as either low-, mid- or high-range States in
accordance with MAP-21 requirements. (23 CFR 1200.23(d)-(f)) Consistent
with the predecessor grant program requirements, the agency expects to
make rate information available to the States by June 1. This date will
allow the agency to use the most recently available final FARS data in
its calculations. If there is any delay in the availability of FARS
data in a given year, the agency will use the rate calculations from
the preceding year. This approach will ensure that any delay in data
availability will not affect the awarding of grants under this section.
[[Page 4996]]
MAP-21 specifies that low-range States are those with an average
impaired driving fatality rate of 0.30 or lower; mid-range States are
those with an average impaired driving fatality rate that is higher
than 0.30 and lower than 0.60; and high-range States are those that
have an average impaired driving fatality rate of 0.60 or higher. The
agency will not round any rates for the purposes of determining how a
State should be classified among these ranges.
MAP-21 provides for separate grants to be made to ``alcohol-
ignition interlock States,'' as further described below. Each State
with a law that requires every individual convicted of driving under
the influence or driving while intoxicated to be subject to the use of
an alcohol-ignition interlock for a minimum of 30 days is eligible for
a separate grant. MAP-21 provides that up to 15 percent of the amount
available to carry out the impaired driving countermeasures program
shall be available for grants to States meeting this criterion. (23 CFR
1200.23(g))
2. Low-Range States
Under MAP-21, States that have an average impaired driving fatality
rate of 0.30 or lower are considered low-range States. Prior to the
start of the application period (on or about June 1 of each fiscal
year), the agency will inform each State that qualifies for a grant as
a low-range State. These States are not required to provide any
additional information in order to receive grant funds. However, these
States will be required to submit information that identifies how the
grant funds will be used in accordance with the requirements of MAP-21
(see qualifying uses below). (23 CFR 1200.23(d)(1))
In addition, MAP-21 requires the State to maintain its aggregate
expenditures from all State and local sources for impaired driving
programs at or above the average level of such expenditure in fiscal
years 2010 and 2011. (23 CFR 1200.23(d)(2)) As a condition of the
grant, each State will be required to provide assurances that the State
will maintain its aggregate expenditures in accordance with this
provision. (Appendix D) The agency has the authority to waive or modify
this requirement for not more than one fiscal year. The agency expects
that waivers will only be granted under exceptional circumstances.
The above requirements that apply to low-range States are minimum
requirements that apply to all States that receive a grant under
Section 405(d).
3. Mid-Range States
Under MAP-21, States that have an average impaired driving fatality
rate that is higher than 0.30 and lower than 0.60 are considered mid-
range States. In accordance with the statutory requirements, States
qualifying as mid-range States are required to submit a statewide
impaired driving plan that addresses the problem of impaired driving.
The plan must have been developed by a statewide impaired driving task
force within the three years prior to the application due date. If the
State has not developed and submitted a plan that meets the statutory
criteria at the time of the application deadline, then it must provide
an assurance that one will be developed and submitted to NHTSA by
September 1 of the grant year. (23 CFR 1200.23(e)) If the State fails
to submit the plan by September 1, the agency will seek the return of
Section 405(d) grant funds that the State qualified for based on its
assurance that it would submit the plan by the deadline, and will
redistribute the grant funds in accordance with Sec. 1200.20(e) to
other qualifying States under this section, consistent with the
treatment of similarly situated States under Section III.B.4.iv, above.
The purpose of a statewide impaired driving plan is to provide a
comprehensive strategy for preventing and reducing impaired driving
behavior. The agency is requiring the plan to be organized in
accordance with the general areas stated in NHTSA's Uniform Guidelines
for State Highway Safety Programs No. 8--Impaired Driving. These
general areas provide the basis for a comprehensive approach to
addressing problems of impaired driving. States also should consider
including sections on data-driven problem identification, strategies
for addressing identified problems and target groups, plans for
measuring progress and outcomes, and steps to achieve stakeholder input
and participation in the plan. (23 CFR 1200.23(e)(1))
In accordance with MAP-21, all qualifying plans must be developed
by a statewide impaired driving task force. The IFR requires that the
task force include key stakeholders in the State from the State Highway
Safety Office and the areas of law enforcement and criminal justice
system (e.g., prosecution, adjudication, probation). The IFR also
requires that the task force include, as appropriate, stakeholders from
the areas of driver licensing, treatment and rehabilitation, ignition
interlock programs, data and traffic records, public health, and
communication. The State should include a variety of individuals from
different functions or disciplines that bring different perspectives
and experiences to the task force. Such an approach ensures that the
plan developed by the task force will be a comprehensive treatment of
the issues of impaired driving in a State. (23 CFR 1200.23(e)(2)(iii))
States may consider reviewing NHTSA's report entitled, ``A Guide for
State-wide Impaired Driving Task Forces'' in developing a statewide
impaired driving task force.
In addition to a list of the members of the task force, the State
must provide information that supports the basis for the operation of
the task force, including any charter or establishing documents that
describe its purpose and operations. The State also must provide the
meeting schedule for the task force for the 12 months that preceded the
application deadline and include any reports or documents that the task
force produced during that period. This information shall be included
in the State's application for a grant. (23 CFR 1200.23(e)(2)(i)-(ii))
4. High-Range States
Under MAP-21, States that have an average impaired driving fatality
rate that is 0.60 or higher are considered high-range States. A State
qualifying as a high-range State is required to have conducted a NHTSA-
facilitated assessment of the State's impaired driving program within
the three years prior to the application due date or provide an
assurance that it will conduct an assessment during the first year of
the grant year. (23 CFR 1200.23(f)(1)) NHTSA's involvement will ensure
a comprehensive treatment of impaired driving issues in the State and
consistency in the administration of the assessments. This approach is
also consistent with NHTSA's longstanding involvement in conducting
assessments of State traffic safety activities and programs.
During the first year of the grant, the State is also required to
convene a statewide impaired driving task force to develop a statewide
impaired driving plan (both the task force and plan requirements are
described in the preceding section under mid-range States). In addition
to meeting the requirements associated with developing a statewide
impaired driving plan, the plan also must address any recommendations
from the required assessment. The plan also must include a detailed
strategy for spending grant funds and include a description of how such
spending supports the statewide impaired driving programs and will
[[Page 4997]]
contribute to the State meeting its impaired driving program
performance targets. (23 CFR 1200.23(f)(2)(i))
MAP-21 requires the plan to be submitted to NHTSA during the first
year of the grant for review and approval. The IFR requires that such a
plan be submitted to NHTSA by September 1 of the grant year. After the
first year, MAP-21 requires high-range States to update the plan in
each subsequent year of the grant and then submit each updated
statewide plan for NHTSA's review. (23 CFR 1200.23(f)(2)(ii))
5. Alcohol-Ignition Interlock States
MAP-21 provides a separate grant to those States that adopt and
enforce mandatory alcohol-ignition interlock laws. In order to qualify,
the IFR requires that a State must have enacted a law by the
application deadline that requires that all individuals convicted of a
DUI offense to be limited to driving motor vehicles equipped with an
ignition interlock. The IFR further requires the restriction to apply
for a mandatory minimum period of 30 days. This length of time is
consistent with the relatively short timeframe that a State might use
for first-time DUI offenders. A State wishing to receive a grant is
required to submit the assurances in Part 3 of Appendix D, signed by
the Governor's Representative for Highway Safety, providing legal
citation to the State statute demonstrating a compliant law. (23 CFR
1200.23(g))
Up to 15 percent of the total amount available under this section
may be used to fund alcohol-ignition interlock grants. The agency
believes, however, that in the first years of the program few States
may qualify for this grant. To avoid the situation where a small number
of States might receive inordinately large grant awards, the agency may
adjust the funding made available for these grants. This is consistent
with the statute, which specifies that up to ``15 percent'' may be made
available for the grants. (23 CFR 1200.23(h))
6. Use of Grant Funds
With the exceptions discussed below, grant funds may be distributed
among any of the uses identified in MAP-21. In the IFR, the agency has
included definitions for some of the uses. The definitions are
generally consistent with those provided for in MAP-21 or with those
developed under the prior regulation for this grant program. (23 CFR
1200.23(b) and (i))
For low-range States and States receiving grants as alcohol-
ignition interlock States, funds may be used for any of the uses
identified. Mid-range States may use grants funds for any of the uses
identified except programs designed to reduce impaired driving based on
problem identification. In accordance with the statute, mid-range
States may use funds for these programs only after review and approval
by NHTSA.
High-range States may use grants funds for any uses only after
submission and NHTSA approval of the statewide impaired driving plan. A
high-range State will not be allowed to voucher against these funds
until it has submitted its plan and received approval. States receiving
alcohol-ignition interlock grants may use grants funds for any of the
uses identified and for any eligible activities described under 23
U.S.C. 402.
E. Distracted Driving Grants (Sec. 1200.24)
MAP-21 created a new distracted driving grant program, authorizing
incentive grants to States that enact and enforce laws prohibiting
distracted driving. Specifically, States must have statutes that
prohibit drivers from texting while driving and youths from using cell
phones while driving. In order to give States an opportunity to submit
applications for the newly authorized distracted driving grants as soon
as possible in fiscal year 2013, NHTSA published a notice of funding
availability (NOFA) on August 24, 2012 (77 FR 51610). Due to the
unavailability of funds for that program under the current interim
appropriations, whose enactment post-dated the NOFA, NHTSA published an
updated notice on October 5, 2012, extending the due date for
application submissions. (77 FR 61048) NHTSA will award distracted
driving grants for fiscal year 2013 as provided in the NOFA. For fiscal
year 2014 and future years, NHTSA will award distracted driving grants
in accordance with the implementing regulations published in this IFR.
1. Qualification Criteria. The basis for an award under this grant
program is a State statute that complies with the criteria set forth in
in MAP-21. Specifically, a State must have a conforming statute that
prohibits texting while driving and youth cell phone use while driving.
i. Texting Prohibition
MAP-21 provides that the State statute must prohibit drivers from
texting through a personal wireless communications device while
driving. (23 CFR 1200.24(c)(1)) MAP-21 defines ``personal wireless
communications device,'' ``texting'' and ``driving''. (23 CFR 1200.20;
23 CFR 1200.24(b)) The State statute prohibiting texting must be
consistent with these definitions. For example, MAP-21 defines texting
to include ``reading'' from personal wireless communications devices. A
State statute that does not prohibit reading texts or similar forms of
electronic data communications would not enable the State to qualify
for a distracted driving grant. Similarly, MAP-21 defines ``driving''
to include being temporarily stopped because of traffic or at a traffic
light. If the State statute does not prohibit texting under these
circumstances (e.g., a statute prohibiting texting while the vehicle is
in motion), it would not enable the State to qualify for a distracted
driving grant.
ii. Youth Cell Phone Use Prohibition
MAP-21 requires the State statute to prohibit a driver who is
younger than 18 years of age from using a personal wireless
communications device while driving. (23 CFR 1200.24(c)(2)) As noted
above, MAP-21 defines ``personal wireless communications device'' and
``driving,'' and a State statute prohibiting youth cell phone use while
driving must be consistent with these definitions.
iii. Enforcement
MAP-21 requires that the State statute make a violation of both the
texting prohibition and the youth cell phone use prohibition a primary
offense. (23 CFR 1200.24(c)(1)(ii) and 1200.24(c)(2)(ii)). As defined
by MAP-21, a primary offense is ``an offense for which a law
enforcement officer may stop a vehicle solely for the purpose of
issuing a citation in the absence of evidence of another offense.'' (23
CFR 1200.20(b))
iv. Fines
MAP-21 requires that the State statute provide for a minimum fine
for a first violation and increased fines for repeat violations. In
order to meet the minimum fine requirement, the IFR specifies a minimum
fine of $25 for a first violation of the texting and youth cell phone
use law. (23 CFR 1200.24(c)(1)(iii)(A) and 1200.24(c)(2)(iv)(A)) This
minimum fine amount is consistent with past practice in other highway
safety grant programs from previous authorizations. State laws that
provide for fines ``up to,'' ``not more than,'' ``not to exceed'' or
similar terms would not satisfy the minimum fine requirement in MAP-21.
Such language does not mandate a minimum fine for a violation.
In order to meet the increased fines for repeat violations
requirement, the State statute must provide for a fine
[[Page 4998]]
greater than the minimum fine for the first violation. (23 CFR
1200.24(c)(1)(iii)(B) and 1200.24(c)(2)(iv)(B)) For State statutes that
provide a range of fine amounts for a first violation, the State
statute must provide a fine for a repeat violation greater than the
maximum fine assessed for a first violation. For example, if the State
statute provides that a fine for a first violation is not less than
$25, but not more than $50, the statute must provide for a fine of more
than $50 for a repeat violation. Further, the IFR requires that
violations within five years of the previous violation must be treated
as repeat violations. (23 CFR 1200.24(c)(1)(iii)(B) and
1200.24(c)(2)(iv)(B)) This is consistent with past practice in other
highway safety grant programs from previous authorizations.
MAP-21 does not require that fines increase with each subsequent
offense. In order to qualify for a distracted driving grant, the State
statute need not provide for increasing fine amounts for third and
subsequent offenses, beyond the increased fine for a second (or repeat)
offense.
v. Testing Distracted Driving Issues
MAP-21 provides that the State statute must require distracted
driving issues to be tested as part of the State driver's license
examination. In order to meet this requirement, the State statute must
specifically require distracted driving issues to be tested as part of
the State's driver's license examination. To satisfy this requirement,
it is not sufficient that a State may, as a matter of current practice,
be testing for distracted driving issues--the State statute must
require it in statute. (23 CFR 1200.24(c)(2)(iii))
vi. Allowable Exceptions
MAP-21 specifies that a State statute may provide for the following
exceptions and still meet the qualification requirements for a
distracted driving grant: a driver who uses a personal wireless
communications device to contact emergency services; emergency services
personnel who use a personal wireless communications device while
operating an emergency services vehicle and engaged in the performance
of their duties as emergency services personnel; and an individual
employed as a commercial motor vehicle driver or a school bus driver
who uses a personal wireless communications device within the scope of
such individual's employment if such use is permitted under the
regulations promulgated pursuant to section 31136 of title 49. No other
exceptions are permitted under MAP-21. Accordingly, the IFR does not
permit any other exceptions. (23 CFR 1200.24(c)(3))
2. Use of Grant Funds. MAP-21 provides that each State that
receives a Section 405(e) grant must use at least 50 percent of the
grant funds for specific distracted driving related activities and up
to 50 percent for any eligible project or activity under 23 U.S.C. 402.
The IFR adopts this language without change. (23 CFR 1200.24(d))
F. Motorcyclist Safety Grants (Sec. 1200.25)
Unlike the other Section 405 grant programs authorized by MAP-21,
only the 50 States, the District of Columbia and Puerto Rico are
eligible to apply for a motorcyclist safety grant. The territories are
not eligible. The qualification criteria for these grants remain
largely unchanged from those required for Motorcyclist Safety grants
under section 2010 of SAFETEA-LU. Under MAP-21 States qualify for a
grant by meeting two of six grant criteria: Motorcycle Rider Training
Courses; Motorcyclists Awareness Program; Reduction of Fatalities and
Crashes Involving Motorcycles; Impaired Driving Program; Reduction of
Fatalities and Accidents Involving Impaired Motorcyclists; and Use of
Fees Collected from Motorcyclists for Motorcycle Programs. (23 U.S.C.
405(f)(3))
1. Motorcycle Rider Training Courses
To qualify for a grant based on this criterion, MAP-21 requires a
State to have ``an effective motorcycle rider training course that is
offered throughout the State, which (i) provides a formal program of
instruction in accident avoidance and other safety-oriented operational
skills to motorcyclists and (ii) that may include innovative training
opportunities to meet unique regional needs.'' (23 U.S.C. 405(f)(3)(A))
This remains unchanged from SAFETEA-LU.
To implement this criterion, the IFR sets forth the elements of
motorcycle rider training courses that would meet the requirements of
MAP-21. (23 CFR 1200.25(e)) In developing these requirements, the
agency was guided by the specific language of MAP-21 and by established
motorcycle safety programs and practices implemented under SAFETEA-LU.
The MAP-21 language is nearly identical to the statutory language in
the predecessor program. For this reason, the agency intends to leave
in place the familiar practices and programs established under SAFETEA-
LU. The motorcyclist training program is well known to the States and
provides significant support for State efforts on motorcyclist
training.
In order to provide the formal program of instruction in crash
avoidance and other safety-oriented operational skills required by MAP-
21, the IFR requires that the State use a curriculum approved by the
designated State authority having jurisdiction over motorcyclist safety
issues. (23 CFR 1200.25(e)(1)(i)) Although MAP-21 uses the term
``motorcycle rider training'' for this criterion, it defines the term
``motorcyclist safety training'' as a ``formal program of instruction
approved for use in a State by the designated State authority having
jurisdiction over motorcyclist safety issues, which may include the
State motorcycle safety administrator or motorcycle advisory council
appointed by the Governor of the State.'' (23 U.S.C. 405(f)(5)(C))
NHTSA believes Congress intended the terms to apply synonymously and
that Congress defined ``motorcyclist safety training'' in order to give
additional meaning to the motorcycle rider training courses criterion.
This is reflected in the IFR. (23 CFR 1200.25(b)).
Additionally, because State motorcycle rider training courses
typically include both in-class and on-the-motorcycle training and both
are critical to the effectiveness of a motorcycle rider training
course, the IFR requires that the curriculum include both types of
training. (23 CFR 1200.25(e)(1)(i))
To effectuate the MAP-21 requirement that a State offer its
effective motorcycle rider training course throughout the State, NHTSA
intends to follow the process it applied in the predecessor program.
The IFR requires that a State offer at least one motorcycle rider
training course in a majority of the State's counties or political
subdivisions or offer at least one motorcycle rider training course in
counties or political subdivisions that account for a majority of the
State's registered motorcycles. (23 CFR 1200.25(e)(1)(ii)) For the
purposes of this criterion, majority means greater than 50 percent, and
the IFR recognizes that locations for motorcycle rider training courses
may vary widely from State to State. Accordingly, the agency believes
this requirement provides flexibility to States seeking to qualify
under this criterion. To implement the MAP-21 requirements for ``an
effective motorcycle rider training course that is offered throughout
the State,'' the IFR requires States to submit information regarding
the motorcycle rider training courses offered in the 12 months
[[Page 4999]]
preceding the due date of the grant application. (23 CFR
1200.25(e)(2)(iii))
NHTSA continues to believe it is important that training reach
motorcyclists in rural areas because about half of all motorcycle-
related fatalities occur in rural areas. Accordingly, consistent with
the practice under SAFETEA-LU, in selecting counties or political
subdivisions in which to conduct training, NHTSA encourages States to
establish training courses and course locations that are accessible to
both rural and urban residents. The IFR provides that the State may
offer motorcycle rider training courses throughout the State at
established training centers, using mobile training units, or any other
method defined as effective by the designated State authority having
jurisdiction over motorcyclist safety issues. (23 CFR 1200.25(e)(1)(i))
Another requirement is that motorcycle rider training instructors
be certified by either the designated State authority having
jurisdiction over motorcyclist safety issues or by a nationally
recognized motorcycle safety organization with certification
capability. (23 CFR 1200.25(e)(1)(iii)) Requiring instructors to attain
certification in order to teach a motorcycle rider training course will
contribute to the course's effectiveness by ensuring that instructors
have obtained an appropriate level of expertise qualifying them to
instruct less experienced motorcycle riders.
Finally, the IFR requires that, to qualify for a grant under this
criterion, a State must carry out quality control procedures to assess
motorcycle rider training courses and instructor training courses
conducted in the State. (23 CFR 1200.25(e)(1)(iv)) Quality control
procedures promote course effectiveness by encouraging improvements to
courses when needed. The IFR does not specify the quality control
procedures a State must use. Instead, the IFR requires the State to
describe in detail what quality control procedures it uses and the
changes the State made to improve courses. (23 CFR 1200.25(e)(2)(v)) At
a minimum, a State should gather evaluative information on an ongoing
basis (e.g., by conducting site visits or gathering student feedback)
and take actions to improve courses based on the information collected.
2. Motorcyclist Awareness Program
To satisfy this criterion, MAP-21 requires a State to have ``an
effective statewide program to enhance motorists' awareness of the
presence of motorcyclists on or near roadways and safe driving
practices that avoid injuries to motorcyclists.'' (23 U.S.C.
405(f)(3(B)) MAP-21 defines ``Motorcyclist Awareness'' and
``Motorcyclist Awareness Program,'' and these definitions are adopted
by the IFR. (23 CFR 1200.25(b))
To implement this criterion, the IFR sets forth the elements of
motorcyclist awareness programs that meet the MAP-21 requirements. (23
CFR 1200.25(f)(1)) In developing these requirements, the agency was
guided by the specific language of MAP-21, the history of the
motorcyclist awareness criterion implemented under SAFETEA-LU and the
highway safety guidelines on motorcycle safety.
First, the definition of ``motorcyclist awareness program'' in MAP-
21 is identical to the definition under SAFETEA-LU and specifies that a
program under this criterion be developed by or in coordination with
the designated State authority having jurisdiction over motorcyclist
safety issues. Before a problem can be effectively addressed, the
agency believes that problem identification and prioritization must be
performed. Therefore, the IFR requires the State, consistent with
practice under SAFETEA-LU, to include as an element under this
criterion problem identification and prioritization through the use of
State data. (23 CFR 1200.25(f)(1)(ii)) The IFR also requires that a
State's motorcyclist awareness program encourage collaboration among
agencies and organizations responsible for, or impacted by, motorcycle
safety issues. (23 CFR 1200.25(f)(1)(iii))
Additionally, the IFR requires that a State's motorcyclist
awareness program incorporate a strategic communications plan to
support the overall policy and program because this criterion
contemplates an informational or public awareness program to enhance
motorist awareness of the presence of motorcyclists and because
awareness efforts rely heavily on communication strategies and
implementation. To ensure statewide application, the IFR requires that
the communications plan be designed to educate motorists in those
jurisdictions where the incidence of motorcycle crashes is highest
(i.e., the majority of counties or political subdivisions in the State
with the highest numbers of motorcycle crashes, using data from the
most recent calendar year, but no older than two calendar years prior
to the application due date). For the purposes of this criterion,
majority means greater than 50 percent. Finally, based on NHTSA's
experience with dispersing traffic safety messages, the IFR requires
that a communications plan include marketing and educational efforts
and use a variety of communication mechanisms to increase awareness of
a problem. (23 CFR 1200.25(f)(1)(iv))
3. Reduction of Fatalities and Crashes Involving Motorcycles
To qualify for a grant based on this criterion, MAP-21 requires a
State to experience ``a reduction for the preceding calendar year in
the number of motorcycle fatalities and the rate of motor vehicle
crashes involving motorcycles in the State (expressed as a function of
10,000 motorcycle registrations).'' (23 U.S.C. 405(f)(3(C))
To satisfy this criterion, the IFR requires that, based on final
Fatality Analysis Reporting System (FARS) data, the State must
experience a reduction of at least one in the number of motorcyclist
fatalities for most recent calendar year for which final FARS data are
available as compared to the final FARS data for the calendar year
immediately prior to that year; and based on State crash data expressed
as a function of 10,000 motorcycle registrations (using FHWA motorcycle
registration data), the State must experience at least a whole number
reduction (i.e., at least a 1.0 reduction) in the rate of motor vehicle
crashes involving motorcycles for the most recent calendar year for
which final State crash data is available, but no older than two
calendar years prior to the application due date, as compared to the
calendar year immediately prior to that year. (E.g., for a grant
application submitted on July 1, 2013, a State must provide data from
the most recently available crash data, but no older than calendar 2011
year data, which would be compared to the data from the calendar year
immediately prior to that year.) (23 CFR 1200.25(g)(1))
The IFR does not use the term ``preceding calendar year'' because
NHTSA and most States do not have final FARS and State crash data
available for the preceding calendar year at the time of the grant
application. However, in order to have the most recent data available,
the IFR specifies computing the rates required under this criterion
using the most recently available FARS data and State crash data. Using
the final FARS data, FHWA motorcycle registration data and State crash
data, NHTSA will calculate the rates to determine a State's compliance
with this criterion.
Consistent with the predecessor program, using the most recent
final FARS data will ensure that the most accurate fatality numbers are
used to determine each State's compliance with
[[Page 5000]]
this criterion. The FARS contains data derived from a census of fatal
traffic crashes within the 50 States, the District of Columbia, and
Puerto Rico. All FARS data on fatal motor vehicle crashes are gathered
from the States' own documents and coded into FARS formats with common
standards. Final FARS data provide the most comprehensive and quality-
controlled fatality data available to the agency.
NHTSA will use FHWA motorcycle registration data because it
contains reliable motorcycle registration data compiled in a single
source for all 50 States, the District of Columbia, and Puerto Rico.
The FHWA reports and releases motorcycle registration data annually.
Requiring a whole number reduction (i.e., at least a 1.0 reduction)
is consistent with MAP-21's requirement that there be a reduction in
the number of fatalities and the rate of motor vehicle crashes
involving motorcycles in the State. The agency believes that such a
reduction remains meaningful when viewed in light of the increase in
motorcycle use and registrations in recent years.
Finally, NHTSA data systems for all 50 States, the District of
Columbia and Puerto Rico cover only fatal crashes. No national data
system currently exists that covers both crashes resulting in injuries
and crashes involving property damage. Accordingly, NHTSA will rely on
crash data provided by each State for the crash-related portion of this
criterion.
4. Impaired Driving Program
To qualify for a grant based on this criterion, MAP-21 requires
that a State implement ``a statewide program to reduce impaired
driving, including specific measures to reduce impaired motorcycle
operation.'' (23 U.S.C. 405(f)(3)(D))
To satisfy this criterion, the IFR requires that a State have an
impaired driving program that, at a minimum, uses State data to
identify and prioritize the State's impaired driving and impaired
motorcycle operation problem areas, and includes specific
countermeasures to reduce impaired motorcycle operation with strategies
designed to reach motorists in those jurisdictions where the incidence
of impaired motorcycle crashes is highest. (23 CFR 1200.25(h)(1)) For
the purposes of this criterion, ``impaired'' will refer to alcohol-or
drug-impaired as defined by State law, provided that the State's legal
impairment level does not exceed .08 BAC. Id.
NHTSA recognizes that the definition of impairment differs from
State to State, but that all States' definitions of alcohol-impaired
driving currently include at most a .08 BAC limit. Because of the
differences among the States, the IFR allows each State to use its
definition of impairment for the purposes of this criterion, provided
that the State maintains at most a .08 BAC limit. In order to implement
a program to reduce impaired driving, a State would use its own data to
perform problem identification and prioritization to reduce impaired
driving and impaired motorcycle operation in problem areas in the
State.
NHTSA considers a State's program that includes specific
countermeasures to reduce impaired motorcycle operation with strategies
designed to reach motorists in those jurisdictions where the incidence
of motorcycle crashes involving an impaired operator is highest (i.e.,
the majority of counties or political subdivisions in the State with
the highest numbers of motorcycle crashes involving an impaired
operator), to be consistent with the MAP-21 requirement that the
impaired driving program under this criterion be implemented statewide.
For the purposes of this criterion, majority means greater than 50
percent. Finally, as identified in MAP-21, the IFR requires that a
State's impaired driving program include specific countermeasures to
reduce impaired motorcycle operation. (23 CFR 1200.25(h)(1)(ii))
5. Reduction of Fatalities and Accidents Involving Impaired
Motorcyclists
To qualify for a grant based on this criterion, MAP-21 requires
that a State must experience ``a reduction for the preceding calendar
year in the number of fatalities and the rate of reported crashes
involving alcohol-impaired or drug-impaired motorcycle operators
(expressed as a function of 10,000 motorcycle registrations).'' (23
U.S.C. 405(f)(3)(E))
To satisfy this criterion, the IFR requires that, based on final
FARS data, the State must experience a reduction of at least one in the
number of fatalities involving alcohol-impaired or drug-impaired
motorcycle operators for the most recent calendar year for which final
FARS data is available, as compared to the final FARS data for the
calendar year immediately prior to that year; and based on State crash
data expressed as a function of 10,000 motorcycle registrations (using
FHWA motorcycle registration data), the State must experience at least
a whole number reduction (i.e., at least a 1.0 reduction) in the rate
of reported crashes involving alcohol-impaired and drug-impaired
motorcycle operators in the most recent calendar year for which final
State crash data is available, but data no older than two calendar
years prior to the application due date, as compared to the calendar
year immediately prior to that year. (23 CFR 1200.25(i)(1))
As with the criterion for reduction of fatalities and crashes
involving motorcycles, the IFR does not use the term ``preceding
calendar year'' because NHTSA and most States do not have final FARS
and State crash data available for the preceding calendar year at the
time of the grant application. However, in order to have the most
recent data available, the IFR requires computing the rates required
under this criterion using the most recently available FARS data and
State crash data. Using the final FARS data, FHWA motorcycle
registration data and State crash data, NHTSA will calculate the rates
to determine a State's compliance with this criterion.
As with the impaired driving program criterion, ``impaired'' refers
to alcohol-impaired or drug-impaired as defined by State law, provided
that the State's legal alcohol impairment level does not exceed .08
BAC.
The use of FARS data, FHWA motorcycle registration data, and State
crash data under this criterion mirror the use of these data under the
reduction of fatalities and crashes involving motorcycles, as described
above, and the rationale is the same. Additionally, the use of FARS
data for this criterion will be particularly helpful because one of the
limitations of the State crash data files is unknown alcohol use. In
order to calculate alcohol-related crash involvement for a State, NHTSA
uses a statistical model based on crash characteristics to impute
alcohol involvement in fatal crashes where alcohol use was unknown or
not reported.
6. Use of Fees Collected From Motorcyclists for Motorcycle Programs
To qualify for a grant based on this criterion, MAP-21 requires
that ``all fees collected by the State from motorcyclists for the
purposes of funding motorcycle training and safety programs will be
used for motorcycle training and safety programs.'' (23 U.S.C.
405(f)(3)(F)) Under the IFR, a State may qualify for a grant under this
criterion as a ``Law State'' or a ``Data State.'' (23 CFR
1200.25(j)(1)) For the purposes of this criterion, a Law State means a
State that has a statute or regulation requiring that all fees
collected by the State from motorcyclists for the purposes of
[[Page 5001]]
funding motorcycle training and safety programs are to be used for
motorcycle training and safety programs. For the purposes of this
criterion, a Data State means a State that does not have such a statute
or regulation, but in practice uses all fees collected by the State
from motorcyclists for the purpose of funding motorcycle training and
safety programs. The IFR permits a State to qualify under this
criterion as either a Law State or a Data State to provide flexibility
to States, and is consistent with the MAP-21 language requiring that
all fees collected by a State from motorcyclists for the purposes of
funding motorcycle training and safety programs be used for motorcycle
training and safety programs.
To qualify for a grant under this criterion as a Law State, the IFR
requires that a State have in place the statute or regulation as
described above. (23 CFR 1200.25(j)(1)(i)) The State statute or
regulation must provide that all fees collected by the State from
motorcyclists for the purposes of funding motorcycle training and
safety programs are to be used for motorcycle training and safety
programs. Id. In addition, the current State fiscal year law (or
preceding State fiscal year law, if the State has not enacted a law at
the time of the State's application) appropriating all such fees to
motorcycle training and safety programs must reflect that all such fees
are appropriated to motorcycle training and safety programs. (23 CFR
1200.25(j)(2)(i))
To qualify for a grant under this criterion as a Data State, the
IFR requires that a State demonstrate that revenues collected for the
purposes of funding motorcycle training and safety programs are placed
into a distinct account and expended only for motorcycle training and
safety programs. (23 CFR 1200.25(j)(1)(ii)) State data and/or
documentation from official records from the previous State fiscal year
must show that all fees collected by the State from motorcyclists for
the purposes of funding motorcycle training and safety programs were,
in fact, used for motorcycle training and safety programs. (23 CFR
1200.25(j)(2)(ii)) Such data and/or documentation must show that
revenues collected for the purposes of funding motorcycle training and
safety programs were placed into a distinct account and expended only
for motorcycle training and safety programs.
7. Uses of Grant Funds. MAP-21 specifies with particularity how
States may use motorcyclist safety grant funds. The IFR adopts this
language without change. (23 CFR 1200.25(l))
G. State Graduated Driver Licensing Grant (Sec. 1200.26)
In general, a graduated driver's licensing system consists of a
multi-staged process for issuing driver's licenses to young, novice
drivers to ensure that they gain valuable driving experience under
controlled circumstances and demonstrate responsible driving behavior
and proficiency. Under a previous NHTSA authorization (TEA-21),
Congress provided for the adoption of a GDL system as one means that
States could use to satisfy the requirements for an alcohol-impaired
driving prevention program incentive grant. (formerly codified at 23
U.S.C. 410) The agency issued a rule implementing those GDL provisions.
In 2005, Section 2007 of SAFETEA-LU eliminated the GDL option.
MAP-21 reintroduces an incentive grant for States to adopt and
implement GDL laws. The minimum qualification criteria set forth for
the GDL grant by MAP-21 are prescriptive; few potential applicants
currently meet all of the minimum qualification criteria prescribed by
MAP-21. Beyond the minimum qualification criteria, MAP-21 provides
discretion to the agency to establish additional requirements. This IFR
establishes minimum qualification criteria for the GDL Incentive Grant.
MAP-21 requires NHTSA to seek public comment on how to implement
the minimum qualification criteria for the GDL program. Accordingly, on
October 5, 2012, NHTSA published an NPRM in the Federal Register
seeking public comment. 77 FR 60956 (Oct. 5, 2012). The agency received
comments from the Governors Highway Safety Association (GHSA), the
Insurance Institute for Highway Safety (IIHS), the National
Transportation Safety Board (NTSB), and from other entities as follows:
four from States, seven from interest groups and safety organizations,
three from insurance companies, and four from private citizens.
Commenters generally expressed support for the GDL State incentive
grant and provided specific feedback on particular aspects of the
minimum requirements. The IFR addresses these comments under the
relevant headings below.
1. Minimum Qualification Criteria
To qualify for a GDL Incentive Grant, the IFR requires a State to
submit an application and certain documentation demonstrating
compliance with the minimum qualification criteria specifically
established by MAP-21 and with certain other requirements. (23 CFR
1200.26(c)(1)) To receive a grant, MAP-21 requires a State's graduated
driver's licensing law to include a learner's permit stage and an
intermediate stage meeting the minimum requirements set forth below.
2. Learner's Permit Stage
MAP-21 requires that young, novice drivers complete a GDL program
prior to receiving an ``unrestricted driver's license''. Although MAP-
21 uses the phrase ``unrestricted driver's license,'' NHTSA has elected
not to use that terminology in the IFR. Driver's licenses commonly
contain restrictions, such as requirements that the driver wear
corrective lenses while operating the motor vehicle. In order to avoid
confusion, the IFR uses and defines ``full driver's license'' to mean a
license to operate a passenger motor vehicle on public roads at all
times. Therefore, the learner's permits and intermediate stage licenses
required under this program are not considered full driver's licenses,
and neither are restricted licenses (such as those permitting operation
of a motor vehicle for limited purposes, and therefore not allowing
operation of a passenger motor vehicle at all times).
The IFR requires that a State's GDL system begin with a learner's
permit stage that applies to any novice driver who is younger than 21
years of age prior to the receipt by such driver from the State of any
other permit or license to operate a motor vehicle. (23 CFR
1200.26(c)(2)(i)(A)) To receive a grant, a State may not issue any
other motor vehicle permit or license (including a motorcycle permit or
license), to a young, novice driver until he or she completes a GDL
program. Because the IFR defines a novice driver as a driver who has
not been issued an intermediate license or full driver's license by any
State (23 CFR 1200.26(b)), the GDL requirements stop short of covering
drivers who have been issued such a license in another State but later
become residents of a State with a GDL requirement. However, NHTSA
encourages States to integrate new residents who possess intermediate
licenses into their GDL programs. Drivers younger than 21 years of age
who possess only a learner's permit from another State are still
considered novice drivers under the IFR and must satisfy all minimum
requirements of the applicable stages.
MAP-21 creates limited exceptions for States that enacted a law
prior to January 1, 2011, establishing either of the following two
classes of permit or license: a permit or license that allows drivers
younger than 18 years of age to
[[Page 5002]]
operate a motor vehicle in connection with work performed on, or the
operation of, a farm owned by family members who are directly related;
or a permit or license that is issued because demonstrable hardship
would result from its denial to the licensee or applicant. For the
second class of permit or license, the IFR clarifies that a
demonstration of unique, individualized hardship is required. Although
a driver may possess one of these classes of permits or licenses, the
IFR does not permit States to provide them any other permit, license or
endorsement until they complete the GDL process if they are younger
than 21 years of age. (23 CFR 1200.26(c)(4))
Similar to the Section 410 GDL regulations, the IFR requires that
the learner's permit stage commence only after an applicant passes
vision and knowledge tests, including tests about the rules of the
road, signs, and signals. (23 CFR 1200.26(c)(2)(i)(B)) This ensures
that novice drivers have a basic level of competency regarding the
rules and requirements of driving before being permitted to operate a
motor vehicle on public roadways. As required by MAP-21, the learner's
permit stage must be at least six months in duration, and it also may
not expire until the driver reaches at least 16 years of age. (23 CFR
1200.26(c)(2)(i)(C))
MAP-21 allows the agency discretion to prescribe additional
requirements on a learner's permit holder, and it identifies three
potential requirements for the agency's consideration: (1)
Accompaniment and supervision by a licensed driver who is at least 21
years of age at all times while the learner's permit holder is
operating a motor vehicle, (2) receipt by the permit holder of at least
40 hours of behind-the-wheel training with a licensed driver who is at
least 21 years of age, and (3) completion by the permit holder of a
driver education or training course. The Director of the West Virginia
Governor's Highway Safety Program (GHSP) submitted a comment supporting
implementation of the first requirement, and GHSA recommended that the
supervising adult be required to possess a valid driver's license. In
response to these comments, NHTSA has adopted the recommended
requirement and has defined ``licensed driver'' to be ``a driver who
possess a valid full driver's license.'' (23 CFR 1200.26(b),
1200.26(c)(2)(i)(D)(1))
Comments regarding a behind-the-wheel training requirement were
more varied. GHSA questioned whether there is definitive research on
the amount of supervised driving time that is effective for reducing
accidents and fatalities, and suggested that a supervised driving
requirement would be ``premature.'' In contrast, several other
commenters expressed strong support for minimum requirements for
behind-the-wheel training. Nationwide Insurance, Allstate, and
Advocates for Highway and Auto Safety expressed support for at least
thirty hours of minimum behind-the-wheel training. IIHS, Consumers
Union, and the GHSP supported a minimum requirement of forty hours, and
State Farm supported a minimum requirement of fifty hours. The IFR
adopts the requirement for 40 hours of behind-the-wheel training,
consistent with the comments and with the MAP-21 suggested approach.
(23 CFR 1200.26(c)(2)(i)(D)(2))
GHSA asked whether behind-the-wheel driver training would be
provided by public or private providers, or whether it called for
supervised behind-the-wheel driving. One individual commenter noted
that some people, such as young drivers with single parents, may be
unable to satisfy a supervised driving requirement. The IFR requires
``40 hours of behind-the-wheel training with a licensed driver who is
at least 21 years of age.'' It does not specify that the training be
provided by a public or private organization; such training may be
provided by anyone who possesses a valid unrestricted driver's license
and is at least 21 years of age, including individuals or professional
driving instructors. The IFR requirements provide significant
flexibility, and the agency does not believe that they will result in
undue burden.
NHTSA received numerous comments regarding the value or burden of
imposing a driver education or training course requirement on learner's
permit holders. GHSA stated that there is mixed evidence regarding the
effectiveness of driver training courses, which also tend to be
expensive for States to provide. IIHS and State Farm expressed concern
about studies showing either little effectiveness or increased crash
risk resulting from driver training courses. West Virginia noted that,
as a rural State, it has many areas where neither schools nor private
companies offer driver training, creating a burden on novice drivers
without access to those courses. In contrast, AAA recommended that
NHTSA include a basic driver education course requirement. The State of
New York Department of Motor Vehicles (New York DMV) asked NHTSA to
provide guidance on what would qualify as a ``driver training course''
under the regulations, while both AAA and the NTSB suggested that NHTSA
should base any such guidance on the Novice Teen Driver Education and
Training Administrative Standards.
Integrating driver education more thoroughly with GDL systems,
strengthening driver testing, involving parents in the driver education
process and preparing them to manage risks for their new driver, and
extending the duration of young driver training may have significant
safety benefits. Driver education is a key part of the comprehensive
approach needed to reduce tragic young driver crashes. NHTSA further
believes that requiring driver education is not overly burdensome, and
States can choose to implement the requirement so as to best manage the
associated costs. The IFR adopts the driver education or training
course requirement and adds the requirement that the course attended by
the permit holder be certified by the State. (23 CFR
1200.26(c)(2)(i)(D)(3)) NHTSA strongly encourages States to consider
establishing driver training curriculum standards based on the national
standards recommended in the Driver Education Working Group (Novice
Teen Driver Education and Training Administrative Standards. Report
from National Conference on Driver Education. NHTSA, October 2009).
Finally, consistent with the requirements under the regulations for
the predecessor GDL program, the IFR requires a learner's permit holder
to pass a driving skills test prior to entering the intermediate stage
or being issued another permit, license or endorsement. (23 CFR
1200.26(c)(2)(i)(D)(4)) This requirement ensures that all novice
drivers who enter the learner's permit stage will be evaluated by the
State prior to being permitted to drive unsupervised.
3. Intermediate Stage
Under MAP-21, the State must require that all drivers who complete
the learner's permit stage and are younger than 18 years of age enter
an intermediate stage that commences immediately upon the expiration of
the learner's permit stage. The intermediate stage must be in effect
for a period of at least six months, but may not expire until the
driver reaches at least 18 years of age. The IFR implements these
requirements. (23 CFR 1200.26(c)(2)(ii)(A)-(C)) The New York DMV noted
that it issues adult licenses to young drivers who turn 18 years old
regardless of how long they have had their intermediate license. Under
MAP-21, however, this system would not meet the minimum requirements.
While the intermediate stage may not expire
[[Page 5003]]
prior to the driver turning 18 years of age, the intermediate stage
must also last a minimum of six months in duration.
The New York DMV also requested that NHTSA include an exemption
such that novice drivers who receive driver education or training may
receive an unrestricted driver's license prior to reaching 18 years of
age. The State expressed concern that, without such an exemption, there
would be no incentive for school districts or parents to provide, or
young drivers to take, driver education. The State suggests that this
could result in the loss of employment and business for numerous
traffic safety instructors and driving schools. As a result, New York
DMV requested either the exemption or an analysis under the Regulatory
Flexibility Act of 1980 (``RFA'') to minimize or analyze the potential
effects on small businesses and small governmental jurisdictions.
MAP-21 does not provide the authority for the exemption New York
DMV requests. The statute explicitly requires that the intermediate
stage last until the driver reaches 18 years of age. Furthermore, NHTSA
does not believe that there will be any adverse impact on driver
education businesses or instructors, and therefore no analysis is
required under the RFA. First, these regulations require that all
learner's permit holders complete a driver education or training course
in order to receive an intermediate or unrestricted driver's license.
Second, no RFA analysis is required because these regulations do not
affirmatively mandate anything that would have a direct impact on small
businesses. Rather, MAP-21 and this IFR create an incentive grant
program for States that elect to comply; States are free to structure
their driver's licensing systems and associated training as they see
fit.
MAP-21 requires that a State's intermediate stage ``restricts
driving at night,'' but leaves the details of that requirement to the
discretion of the agency. NHTSA received numerous comments on how best
to address the most dangerous driving hours for novices. Comments
generally assumed that the most effective restriction would be to
require that the driver be accompanied and supervised by a licensed
driver who is at least 21 years of age during some period of the night.
The NTSB proposed that the restriction period start no later than
midnight. IIHS, the National Safety Council, Nationwide Insurance,
State Farm, Allstate, Consumers Union, AAA, and Advocates for Highway
and Auto Safety proposed that the mandatory driving restrictions begin
at 10 p.m., with many proposing that they end at 5 a.m. In addition,
most of those commenters emphasized that there should be no exceptions
other than for emergencies. The New York DMV and an individual
commenter allowed for exceptions, including for driving related to work
and education. Finally, AAA proposed that the restrictions last for at
least the first six months of independent driving.
NHTSA agrees that the proper restriction for nighttime driving is
to require accompaniment and supervision of the intermediate license
holder by a licensed driver who is at least 21 years of age. NHTSA also
agrees that a 10 p.m. through 5 a.m. restriction would effectively
cover the time period when intermediate drivers are most at risk, and
the IFR imposes this requirement. While the IFR provides for exceptions
in the case of emergency, it does not permit other exceptions during
the restricted driving hours. (23 CFR 1200.26(c)(2)(ii)(D)) Such
exceptions may be difficult to enforce and could undermine the safety
goals of the restriction.
This IFR also adopts the requirement that, during the intermediate
stage, drivers must be prohibited from operating a motor vehicle with
more than one non-familial passenger younger than 21 years of age
unless a licensed driver who is at least 21 years of age is in the
motor vehicle. (23 CFR 1200.26(c)(2)(ii)(E)) This restriction is
specifically mandated by MAP-21, and the National School Transportation
Association commented in support of this requirement.
4. Additional Requirements
MAP-21 requires that, during both the learner's permit and
intermediate stages, the driver must be prohibited from using a
cellular telephone or any communications device while driving except in
case of an emergency. The IFR includes this requirement and specifies
that this prohibition be enforced as a primary offense. (23 CFR
1200.26(c)(2)(iii)(A)) The IFR also imposes a requirement that, during
both the learner's permit and intermediate stages, the driver must
remain conviction-free for a period of not less than six consecutive
months immediately prior to the expiration of the current stage. (23
CFR 1200.26(c)(2)(iii)(B)) To remain ``conviction-free,'' a driver
cannot be convicted of any offense under State or local law relating to
the use or operation of a motor vehicle. The definition provides
examples of driving-related offenses. (23 CFR 1200.26(b)) With this
requirement, any conviction related to the use or operation of a motor
vehicle would result in ``resetting the clock'' for the driver's
current stage.
The IFR establishes a requirement for license distinguishability
similar to the one in the regulations for the predecessor GDL program.
Specifically, it requires that the State's learner's permit,
intermediate license, and full driver's license be distinguishable from
each other. This is necessary to ensure that law enforcement officers
are informed about the proper driving restrictions that apply to the
driver during a traffic stop. The IFR also clarifies the documentation
grant applicants are required to submit in order to prove license
distinguishability. (23 CFR 1200.26(c)(3))
5. Grant Awards and Use of Grant Funds
As required by MAP-21, NHTSA will award grants to States that meet
the qualification criteria on the basis of the apportionment formula
under 23 U.S.C. 402 for that fiscal year. (23 CFR 1200.26(d)(1))
Because it is possible that few States will qualify for grants during
the first few years of the GDL incentive grant program, the IFR imposes
a cap on awards to prevent any States from receiving an unanticipated
and disproportionate share of the available grant funds. The amount of
a grant award may not exceed 10 percent of the total amount made
available for the grant for that fiscal year. (23 CFR 1200.26(d)(2))
MAP-21 also specifies the permitted uses of grant funds. The IFR
implements those limitations and clarifies the permitted uses where
necessary. At least 25 percent of the grant funds must be used for
expenses connected with a compliant GDL law. (23 CFR 1200.26(e)(1)) If
a State has received grant funds but later falls out of compliance with
the minimum requirements established by the IFR, the State will not be
permitted to use this portion of the grant funds. No more than 75
percent of the grant funds may be used for any eligible project under
23 U.S.C. 402. (23 CFR 1200.26(e)(2))
The NTSB commented that NHTSA should include an evaluation element
to the grant process to ensure that States are using the grants
effectively to improve their GDL programs. MAP-21 does not provide for
performance-based evaluation requirements as a condition of receiving
grant funds. Therefore, NHTSA declines to impose this additional burden
on the States. NHTSA will continue to conduct and/or evaluate new
research regarding the effectiveness of various elements of GDL
programs.
[[Page 5004]]
IV. Administration of Highway Safety Grants (Section 402 and 405
Grants)
NHTSA has administered the Section 402 grant program in accordance
with implementing regulations found at 23 CFR parts 1200, 1205, 1206,
1250, 1251 and 1252 for many years. Those regulations, which are
amended by today's action, contain detailed procedures governing the
HSP and administration of the Section 402 grant program. Today's action
rescinds part 1205 and updates and incorporates parts 1206, 1250, 1251
and 1252 into part 1200 to improve clarity and organization. (With that
incorporation, parts 1206, 1250, 1251, and 1252 are rescinded.) Many of
the older provisions in 23 CFR Chapter II contain outdated references
to the FHWA and the Annual Work Plan (AWP). Since NHTSA assumed sole
responsibility for the administration of the Section 402 program, these
references to FHWA and the AWP no longer apply, and today's action
deletes these references. However, NHTSA and FHWA continue to work
closely to coordinate respective State highway safety programs.
Finally, as discussed in more detail below, today's action amends
portions of part 1200 to clarify existing requirements and to provide
for improved accountability of Federal funds, and it specifies that the
grant administration provisions apply to all 23 U.S.C. Chapter 4
grants.
A. Rescission and Reorganization
Under previous authorizations, the Highway Safety Act required the
agency to determine, through a rulemaking process, those programs
``most effective'' in reducing crashes, injuries and deaths.
Previously, the Act provided that only those programs established under
the rule as most effective in reducing crashes, injuries and deaths
would be eligible for Federal financial assistance under the Section
402 grant program. The rule identifying those ``most effective''
programs was set forth at 23 CFR part 1205. Under MAP-21, States may
use grant funds more broadly in accordance with an HSP approved by the
agency. Accordingly, the agency rescinds part 1205 as it no longer
applies.
The old regulations for the Section 402 program are contained
throughout Chapter II of Title 23, CFR. The IFR reorganizes parts 1250
and 1252, which establish the agency's policies for determining
political subdivision participation in State highway safety programs
and State matching of planning and administration (P&A) costs,
respectively, by moving these parts into two new appendices to part
1200. (Appendices E and F)
Many of the provisions in Sec. 1200.11, special funding
conditions, of the old regulations (for the Section 402 program)
identify statutory requirements that States must continue to meet.
These conditions are part of the certifications and assurances in
Appendix A that States submit as part of the HSP. The IFR retains the
non-statutory provisions regarding the P&A costs as special funding
conditions in the renumbered Sec. 1200.13. The IFR also increases the
State's allowance for P&A costs from 10 percent to 13 percent to help
offset the additional costs associated with project-level reporting and
oversight of Section 405 grant funds. In addition, as more State
highway safety offices transition to implementing e-grant systems to
manage their highway safety program, the increased P&A allowance will
help with the high start-up costs and regular maintenance costs. (23
CFR 1200.13; Appendix F) No P&A costs are allowed from Section 405
grant funds. Finally, the IFR also adds the new MAP-21 statutory
condition that States may not use Section 402 grant funds for automated
traffic enforcement systems. (23 CFR 1200.13)
The IFR incorporates part 1251, which describes the authority and
functions of the State Highway Safety Agency, into Sec. 1200.4 under
subpart A of part 1200. This change clarifies the role of the State
Highway Safety Agency in administering the grant programs under
Sections 402 and 405. The IFR also updates these provisions to include
critical authorities and functions related to the State Highway Safety
Agency's responsibility to provide oversight and management of the
highway safety program. For example, the State Highway Safety Agency
must have the ability to establish and maintain adequate staffing to
effectively plan, manage, and provide oversight of highway safety
projects. It must also be responsible for monitoring changes in the
State statute or regulation that would affect the State's qualification
for grants and impact the State's highway safety program. In addition,
the State Highway Safety Agency must have ready access to State data
systems that are critical to having a data-driven highway safety
program. Finally, IFR revises these provisions to reflect applicable
laws and regulations and to update language. (23 CFR 1200.4)
Part 1206 under the old regulation provides for the rules of
procedure for invoking sanctions under the Highway Safety Act of 1966.
The IFR incorporates part 1206, along with old Sec. 1200.26, non-
compliance, under a new subpart F of part 1200. The provisions of this
subpart remain largely unchanged and are applicable to the Section 402
and 405 grant programs. (23 CFR 1200.50 and 1200.51)
As a result of the reorganization of 23 CFR Chapter II, a number of
sections have been renumbered, such as the section on Definitions (23
CFR 1200.3), Equipment (23 CFR 1200.31), Program Income (23 CFR
1200.34), Annual Report (23 CFR 1200.35), Appeals (23 CFR 1200.36),
Post-Grant Adjustments (23 CFR 1200.42) and Continuing Requirements (23
CFR 1200.43). The IFR deletes the old provision regarding improvement
plans as the agency currently provides recommendations and technical
assistance to States that have had little or no progress towards
achieving State performance targets. While new definitions have been
added (performance measure, project, project agreement), as mentioned
in Section II.B. and discussed in Section IV.B., and existing
definitions clarified (Highway Safety Plan, highway safety program,
program area), no other substantive changes have been made to these
provisions.
A number of other requirements apply to the Section 402 and 405
programs, including such government-wide provisions as the Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments (49 CFR part 18) and the Office of
Management and Budget (OMB) Circulars containing cost principles and
audit requirements. These provisions are independent of today's notice,
and continue to apply in accordance with their terms.
Several provisions in 23 CFR Chapter III (parts 1313, 1335, 1345
and 1350) pertain to grant programs whose authorizations have expired.
Those parts are being rescinded by today's action.
For ease of reference, the provisions that have been reorganized
are republished in this notice.
B. New Administrative Procedures of Note
The agency is responsible for overseeing and monitoring
implementation of the grant programs to help ensure that recipients are
meeting program and accountability requirements. Oversight procedures
for monitoring the recipients' use of awarded funds can help the agency
determine whether recipients are operating efficiently and effectively.
Effective oversight procedures based on internal control standards for
monitoring the recipients' use of
[[Page 5005]]
awarded funds are key to ensuring that program funds are being spent in
a manner consistent with statute and regulation. In order to improve
oversight of grantee activities and management of federal funds, the
IFR makes changes to the procedures for administering the highway
safety grant programs.
1. Program Cost Summary
Since the 1980s, States have used HS Form 217 (program cost
summary) to provide cost information for the State highway safety
program. States will continue to use this form for Section 402 and
Section 405 grants. However, States that allocate the grant funds by
program area in the HS Form 217 must also provide a list of projects
(and project numbers and estimated amount of Federal funds) that will
be conducted under each program area. (23 CFR 1200.32; see also 23 CFR
1200.15) The IFR defines project, project agreement and project number
in Sec. 1200.3 to provide clarification so that the agency can better
track information submitted by the States.
Each State submits this form as part of its HSP and then submits an
updated HSP and HS Form 217 within 30 days after the beginning of the
fiscal year or date of award. Some States routinely update their HSP
and HS Form 217 throughout the fiscal year of the grant. Today's action
amends the regulation to clarify that the Approving Official must
approve both the amended HSP and amended HS Form 217. This change is
intended to help the agency ensure that grant funds are expended for
purposes authorized by statute or regulation (e.g., eligibility of use
of grant funds, tracking Federal share, local participation). States
must also update the list of projects submitted pursuant to Sec.
1200.11(e). As discussed below, reimbursement of vouchers for projects
is subject to receipt by NHTSA of an updated list of projects. (23 CFR
1200.32; see also 23 CFR 1200.15)
2. Additional Documentation for Reimbursement of Expenses
While grantees or recipients have primary responsibility to
administer, manage, and account for the use of grant funds, the Federal
grant-awarding agency also maintains responsibility for oversight in
accordance with applicable laws and regulations. Changes to the
regulation are necessary to reflect the complexity of current grant
programs and to ensure effective oversight. Today's action requires
additional documentation from States when submitting vouchers so that
the agency has information linking vouchers to expenditures prior to
approving reimbursements and to assist subsequent audits and reviews.
Under the old regulation, States submitted vouchers providing
detail only at the program area level. Vouchers will still be submitted
at the program area level, but the State must also provide an
itemization of project numbers and amount of Federal funds expended for
each project for which reimbursement is being sought. This can be
provided through the State's summary financial reports. In addition,
the project numbers (and amount of Federal funds) for which the State
seeks reimbursement must match the list of project numbers (and not
exceed the identified amount) submitted to NHTSA pursuant to Sec.
1200.11(e) or amended pursuant to Sec. 1200.32. If there is an
inconsistency in either the project number or the amount of Federal
funds claimed, the voucher will be rejected, in whole or part, until an
amended list of projects and/or estimated amount of Federal funds is
submitted to and approved by the Approving Official pursuant to Sec.
1200.32.
As under the old regulation, States must make copies of project
agreements and other supporting documentation available for review by
the Approving Official. However, the IFR now requires that project
agreements bear the project number reported in the list of projects
submitted by States pursuant to Sec. 1200.11(e). Supporting
documentation must also be retained in a manner that enables the agency
to track the expenditures to vouchers and projects. With this change,
the agency will be better able to track the State's expenditure of
grant funds. (23 CFR 1200.33)
3. Availability of Funds
A fundamental expectation of Congress is that funds made available
to States will be used promptly and effectively to address the highway
safety problems for which they were authorized. To encourage States to
liquidate grant funds in a timely fashion, today's action sets forth
the procedures for deobligating grant funds that remain unexpended for
long periods. We believe that as States increase the timeliness of
their grant fund expenditures, safety outcomes can improve.
Section 402 and 405 grant funds are authorized for apportionment or
allocation each fiscal year. Because these funds are made available
each fiscal year, it is expected that States will strive to use these
grant funds to carry out highway safety programs during the fiscal year
of the grant. In the past, expending all of the incentive grant funds
within the fiscal year was impractical in part because such funds were
awarded late in the fiscal year. States often carried forward
unexpended grant funds into the next fiscal year.
With the enactment of MAP-21, NHTSA expects to apportion or
allocate grant funds early in the fiscal year. States should, to the
fullest extent possible, expend these funds during the fiscal year to
meet the intent of the Congress in funding an annual program. To
address the issue of unexpended balances, the IFR provides that grant
funds are available for expenditure for three years after the last day
of the fiscal year of apportionment or allocation. (23 CFR 1200.41(b))
This is consistent with section 31101 of MAP-21 that provides that 23
U.S.C. Chapter 1 applies to the Chapter 4 grant programs. See 23 U.S.C.
118 (funds in a State shall remain available for obligation in that
State for a period of three years after the last day of the fiscal year
for which the funds are authorized). During the last year of
availability of funds, NHTSA will notify States of unexpended grant
funds subject to this requirement no later than 180 days before the end
of the period of availability. Id. States may commit such unexpended
grant funds to a specific project before the end of the period of the
availability. Grant funds committed to a specific project must be
expended before the end of the succeeding fiscal year and only on that
project. At the end of that time period, unexpended grant funds will
lapse, and NHTSA will deobligate unexpended balances. Id.
4. Reconciliation
Closeout procedures are intended to ensure that recipients have met
all financial requirements, provided final reports, and returned any
unused funds. NHTSA's grant programs, especially the Section 402
program, are formula grant programs that continue each fiscal year
until rescinded by Congress. Each year States submit Highway Safety
Plans detailing their highway safety programs. Under the old
regulation, with the approval of the Approving Official, States could
extend the right to incur costs for up to 90 days and then submit final
vouchers. Any funds remaining at the end of the closeout were carried
forward to the next fiscal year.
The IFR continues to provide that the HSP expires at the end of the
fiscal year. (23 CFR 1200.40) Unlike the old regulation, the IFR
provides that States will no longer be permitted to extend the right to
incur costs under the old fiscal year's Highway Safety Plan. However,
grant funds remaining at the end of the fiscal year are available for
[[Page 5006]]
expenditure during the next fiscal year (unless they have lapsed as
explained in the previous section), provided the State has a new HSP
approved by the Approving Official and the remaining funds are
identified and programmed in the HSP, and in an updated and approved HS
Form 217. (23 CFR 1200.41(a))
States will still have 90 days after the end of the fiscal year to
submit a final voucher against the old fiscal year's Highway Safety
Plan. The Approving Official may extend the time period to submit a
final voucher against the old fiscal year's Highway Safety Plan only in
extraordinary circumstances. This does not constitute an extension of
the right to incur costs under the old fiscal year's Highway Safety
Plan. (23 CFR 1200.40)
The additional requirement, noted above, is that the funds must not
be from a fiscal year earlier than four years prior. The requirement
for an annual report evaluating performance on a fiscal year basis is
retained. The IFR also allows for extending the due date for submission
of the annual report, subject to approval of the Approving Official.
C. Special Provisions for Fiscal Year 2013 Grants and Prior Fiscal Year
Grants
MAP-21 provides that most of the new requirements in Section 402
apply to fiscal year 2014 grants, whose grant applications are due on
July 1, 2013. The IFR clarifies that the codified regulations in place
at the time of grant award continue to apply to fiscal year 2013
Section 402 grants. (23 CFR 1200.60)
The IFR provides that, except for fiscal year 2013 distracted
driving grants, the remaining Section 405 grants will be administered
through the provisions set forth in today's action. The application due
date is 60 days from the publication date of the IFR. MAP-21 sets forth
a single application due date for fiscal year 2014 grants under Chapter
4. The application (the HSP) for fiscal year 2014 Section 402 and 405
grants is due July 1, 2013. (23 CFR 1200.61)
As noted above, the agency recognizes that States will have
unexpended balances of grant funds from grant programs that have been
rescinded by MAP-21 (before fiscal year 2013). Those grant funds will
be governed by the laws and implementing regulations or guidance that
were in effect during those grant years (23 CFR 1200.62), and must be
tracked separately.
V. Immediate Effective Date and Request for Comments
The Administrative Procedure Act (5 U.S.C. 553(d)) requires that a
rule be published 30 days prior to its effective date unless one of
three exceptions applies. One of these exceptions is when the agency
finds good cause for a shorter period. We have determined that it is in
the public interest for this final rule to have an immediate effective
date. NHTSA is expediting a rulemaking to provide notice to the States
of the new requirements for the HSP required by Section 402 and the
criteria for different components of the Section 405 grants. The fiscal
year 2013 grant funds must be awarded to States before the end of the
fiscal year, and States need the time to complete their fiscal year
2013 grant applications. For fiscal year 2014 grants, the statutory
grant application due date is July 1, 2013, and States need time to
complete these applications as well. Early publication of the rule
setting forth the requirements for State applications for multiple
grants that have separate qualification requirements is therefore
imperative.
For these reasons, NHTSA is issuing this rulemaking as an interim
final rule that will be effective immediately. As an interim final
rule, this regulation is fully in effect and binding upon its effective
date. No further regulatory action by the agency is necessary to make
this rule effective. However, in order to benefit from comments which
interested parties and the public may have, the agency is requesting
that comments be submitted to the docket for this notice.
Specifically, MAP-21 directs NHTSA to use these existing
performance measures from the report, ``Traffic Safety Performance
Measures for States and Federal Agencies,'' now, and make revisions to
the set of performance measures going forward, in coordination with
GHSA. (23 U.S.C. 402(k)(4)) In anticipation of such further
coordination by NHTSA and GHSA in revising the performance measures,
NHTSA is seeking comment in this IFR on ways to improve data
requirements from States, improve performance measures and criteria,
possible additional performance measures to be considered, and test and
analyze the effectiveness of programs based on these performance
measures to help inform the allocation of resources. In particular, we
seek public comment on whether the measures are capturing the correct
outcomes and whether the measures and the data submitted by the States
enable NHTSA and States to test and identify the cost-effectiveness of
highway safety grant programs.
Comments received in response to this notice, as well as continued
interaction with interested parties and the public during fiscal years
2013 and 2014, will be considered for making future changes to the
programs through these rule provisions. Following the close of the
comment period, the agency will publish a notice responding to the
comments and, if appropriate, the agency will amend the provisions of
this rule.
For ease of reference, the IFR sets forth in full the revised part
1200.
VI. Regulatory Analyses and Notices
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563, and DOT Regulatory Policies and Procedures
Executive Order 12866, ``Regulatory Planning and Review,'' provides
for making determinations whether a regulatory action is
``significant'' and therefore subject to the Office of Management and
Budget (OMB) review and to the requirements of the Executive Order.
Executive Order 13563 supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866. In accordance with Executive
Orders 12866 and 13563, this rulemaking was reviewed by OMB and
designated by OMB as a ``significant regulatory action.'' A
``significant regulatory action'' is defined as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
The annual amount authorized by MAP-21 for highway safety grants
($500 million in FY 2013 and $507 million in FY 2014) exceeds the $100
million threshold. However, the annual amount authorized by SAFETEA-LU
for highway safety grants was $564 million in FY 2012. MAP-21 grant
programs replace SAFETEA-LU grant programs. The difference in the
amount of grant funds authorized for highway safety
[[Page 5007]]
grants from the Highway Trust Fund in MAP-21 is less than $100 million
than was authorized under SAFETEA-LU. In addition, MAP-21 authorizes
two new grants (distracted driving and graduated driver licensing) that
were not available under SAFETEA-LU. These two grants account for less
than $27 million, much less than $100 million.
MAP-21 highway safety grants are non-discretionary grants directly
authorized by Congress. NHTSA's action details grant application
procedures and qualification criteria; it does not impact the aggregate
amount of grant funds distributed to the States. That amount is
specified by MAP-21, as is the manner of distribution--most of the
funds are required by MAP-21 to be awarded to qualifying States through
a formula (75 percent in the ratio of the State population to the total
population and 25 percent in the ratio of public road mileage in the
State to the total road mileage in the United States, with a specified
minimum apportionment for the Section 402 program). A minor exception
is that, consistent with past practice, the rule applies the statutory
formula in two cases where MAP-21 does not mandate its application,
affecting less than $28 million annually.
The statutory distribution formula continued under MAP-21 for State
highway safety grants has been in place for decades. MAP-21 directs
NHTSA to ``ensure, to the maximum extent possible, that all [grant
funds] are obligated during [the] fiscal year.'' These statutory
provisions--the distribution formula and the direction to obligate all
grant funds--are prescriptive, and leave little room for discretion.
Consequently, the rule does not confer any benefit on the economy that
goes beyond what Congress has already specified in law to be
distributed in these non-discretionary grants, nor does the rule
materially alter the grants' budgetary impacts or the rights or
obligations of grant recipients. The rule also does not create an
inconsistency or otherwise interfere with an action taken or planned by
another agency.
The following information is provided for general information about
the benefits of the grants. Based on the statutory formula, FY 2013
grants for States to conduct highway safety programs under the Section
402 grant program (totaling $235 million) range from $21.2 million for
the State of California to $1.7 million for 13 States and the District
of Columbia (minimum apportionment), and all States receive a
distribution. MAP-21 generally prescribes the criteria for the Section
405 grants (totaling $265 million for six grants in FY 2013), and NHTSA
has limited discretion in this rulemaking to implement these criteria.
However, given differing levels of interest among States and competing
State priorities, it is possible that the qualification criteria for
the Section 405 grants could result in some States failing to apply or
to qualify for some of these grants. NHTSA cannot predict the spread of
annual Section 405 grant applications and awards with precision, and
therefore we cannot assess likely allocation effects, but it remains
true that all Section 405 grant funds will be distributed by operation
of the statute.
In the aggregate, the highway safety grant funds required to be
distributed under MAP-21 are the driving influence behind the traffic
safety activities implemented by all the States (including the District
of Columbia, Puerto Rico, the four territories, and the Indian
Country), as they have been under previous authorizations for many
years. From 2006 to 2010, highway fatalities have decreased by 23
percent and highway injuries have decreased by 13 percent. The
traditionally most significant areas of highway safety activities under
the formula grant program--occupant protection and alcohol programs--
have experienced similarly dramatic safety benefits over the same five-
year period. Unbelted passenger vehicle occupant fatalities have
decreased by 33 percent and alcohol-impaired driving fatalities have
decreased by 24 percent.
The central purpose of the rule is to set forth the application
procedures for States seeking highway safety grant funds, and also to
identify the MAP-21 qualification criteria for receiving grant funds.
While complying with the application procedures is a requirement for
receiving grant funds, and the requirement for States to submit a
``highway safety plan'' as part of this application is directed by
statute, the rule does not impose any mandate on States to submit an
application. However, should a State choose to do so, there are some
costs and burdens associated with the application process. The agency
is seeking emergency clearance from OMB under the Paperwork Reduction
Act (PRA) for FY 2013 grant applications, and elsewhere in this
document we detail the estimated costs and burden hours associated with
the State application process. Interested persons should consult that
information. NHTSA intends to submit a request for PRA clearance for
the highway safety grant program under the non-emergency process in the
near future. Because MAP-21 introduces a single application process,
enabling States to submit one application for all grants rather than
the separate applications for individual grants required under previous
authorizations, burdens on State resources are likely to be
substantially reduced.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601 et seq.)
requires agencies to evaluate the potential effects of their proposed
and final rules on small businesses, small organizations, and small
governmental jurisdictions. Section 605 of the RFA allows an agency to
certify a rule, in lieu of preparing an analysis, if the proposed
rulemaking is not expected to have a significant economic impact on a
substantial number of small entities. The Small Business Regulatory
Enforcement Fairness Act (SBREFA) amended the RFA to require Federal
agencies to provide a statement of the factual basis for certifying
that an action would not have a significant economic impact on a
substantial number of small entities.
This IFR is a rulemaking that will implement new grant programs
enacted by Congress in MAP-21. Under these grant programs, States will
receive funds if they meet the application and qualification
requirements. These grant programs will affect only State governments,
which are not considered to be small entities as that term is defined
by the RFA. Therefore, I certify that this action will not have a
significant impact on a substantial number of small entities and find
that the preparation of a Regulatory Flexibility Analysis is
unnecessary.
C. Executive Order 13132 (Federalism)
Executive Order 13132 on ``Federalism'' requires NHTSA to develop
an accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications.'' 64 FR 43255 (August 10, 1999). ``Policies
that have federalism implications'' are defined in the Executive Order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' Under Executive Order 13132, an agency
may not issue a regulation with Federalism implications that imposes
substantial direct compliance costs and that is not required by statute
unless the Federal government provides the funds
[[Page 5008]]
necessary to pay the direct compliance costs incurred by State and
local governments or the agency consults with State and local
governments in the process of developing the proposed regulation. An
agency also may not issue a regulation with Federalism implications
that preempts a State law without consulting with State and local
officials.
The agency has analyzed this rulemaking action in accordance with
the principles and criteria set forth in Executive Order 13132, and has
determined that this IFR would not have sufficient Federalism
implications as defined in the order to warrant formal consultation
with State and local officials or the preparation of a federalism
summary impact statement. However, NHTSA continues to engage with State
representatives regarding general implementation of MAP-21, including
these grant programs, and expects to continue these informal dialogues.
D. Executive Order 12988 (Civil Justice Reform)
Pursuant to Executive Order 12988 (61 FR 4729 (February 7, 1996)),
``Civil Justice Reform,'' the agency has considered whether this
proposed rule would have any retroactive effect. I conclude that it
would not have any retroactive or preemptive effect, and judicial
review of it may be obtained pursuant to 5 U.S.C. 702. That section
does not require that a petition for reconsideration be filed prior to
seeking judicial review. This action meets applicable standards in
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice
Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
E. Executive Order 13045 (Protection of Children From Environmental
Health Risks and Safety Risks)
Executive Order 13045, ``Protection of Children from Environmental
Health and Safety Risks'' (62 FR 19855, April 23, 1997), applies to any
rule that: (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental,
health, or safety risk that the agency has reason to believe may have a
disproportionate effect on children. This rule does not concern an
environmental, health, or safety risk that may have a disproportionate
effect on children.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA), as implemented by
the Office of Management and Budget (OMB) in 5 CFR part 1320, a person
is not required to respond to a collection of information by a Federal
agency unless the collection displays a valid OMB control number. The
grant applications and reporting requirements in this IFR are
considered to be a collection of information subject to requirements of
the PRA. Because the agency cannot reasonably comply with the
submission time periods under the PRA and provide States sufficient
time to apply for the grants to be awarded in fiscal year 2013, the
agency is seeking emergency clearance for information collection
related to the fiscal year 2013 Section 405 grants. The agency is
proceeding under the regular PRA clearance process for the collection
of information related to grants beginning with fiscal year 2014
grants. Accordingly, in compliance with the PRA, we announce that NHTSA
is seeking comment on a new information collection for grant
applications and reporting requirements beginning with fiscal year 2014
grants.
Agency: National Highway Traffic Safety Administration (NHTSA).
Title: State Highway Safety Grant Programs.
Type of Request: New collection.
OMB Control Number: Not assigned.
Form Number: N/A (Highway Safety Plan); HS Form 217.
Requested Expiration Date of Approval: Three years from the
approval date.
Summary of Collection of Information: On July 6, 2012, the
President signed into law the ``Moving Ahead for Progress in the 21st
Century Act'' (MAP-21), Public Law 112-141, which restructured and made
various substantive changes to the highway safety grant programs
administered by the National Highway Traffic Safety Administration
(NHTSA). Specifically, MAP-21 modified the existing formula grant
program codified at 23 U.S.C. 402 (Section 402) by requiring States to
develop and implement the State highway safety program using
performance measures.
MAP-21 also rescinded a number of separate incentive grant programs
that existed under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law
109-59, and replaced them with the ``National Priority Safety
Programs,'' codified in a single section of the United States Code (23
U.S.C. 405 (Section 405)). The National Priority Safety Programs
include Occupant Protection, State Traffic Safety Information Systems,
Impaired Driving Countermeasures, Motorcyclist Safety, and two new
grant programs--Distracted Driving and State Graduated Driver
Licensing. MAP-21 specifies a single application deadline for all
highway safety grants and directs NHTSA to establish a consolidated
application process, using the Highway Safety Plan that States have
traditionally submitted for the Section 402 program. See Sections
31101(f) and 31102, MAP-21.
The statute provides that the Highway Safety Plan is the
application for grants under 23 U.S.C. 402 and 405 each fiscal year.
The information collected under this rulemaking is to include a Highway
Safety Plan consisting of information on the highway safety planning
process, performance plan, highway safety strategies and projects,
performance report, program cost summary (HS Form 217) and list of
projects, certifications and assurances, and application for Section
405 grants. See 23 CFR 1200.10. After award of grant funds, States are
required to update the program cost summary (HS Form 217) and the list
of projects. See 23 CFR 1200.15.
Description of the Need for the Information and Use of the
Information: As noted above, the statute provides that the Highway
Safety Plan is the application for grants under 23 U.S.C. 402 and 405
each fiscal year. This information is necessary to determine whether a
State satisfies the criteria for a grant award under Section 402 and
Section 405.
Description of the Likely Respondents: 57 (50 States, District of
Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana
Islands, the U.S. Virgin Islands, and the Bureau of Indian Affairs on
behalf of the Indian Country).
Estimate of the Total Annual Reporting and Recordkeeping Burden
Resulting from the Collection of Information:
The Highway Safety Plan (HSP) is a planning document for a State's
entire traffic safety program and outlines the countermeasures, program
activities, and funding for key program areas as identified by State
and Federal data and problem identification. By statute, States must
submit and NHTSA must approve the HSP as a condition of Section 402
grant funds. MAP-21 also requires States to submit its Section 405
grant application as part of the HSP. States must submit the HSP each
fiscal year in order to qualify for Section 402 and 405 grant funds.
The estimated burden hours for the collection of information are
based on all eligible respondents (i.e., applicants) for each of the
grants:
Section 402 grants: 57 (fifty States, the District of
Columba, Puerto Rico,
[[Page 5009]]
U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Secretary of the Interior);
Section 405(f) grants: 52 (fifty States, the District of
Columbia, and Puerto Rico);
Section 405(a)-(e), (g) grants: 56 (fifty States, the
District of Columba, Puerto Rico, U.S. Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands).
We estimate that it will take each respondent approximately 240
hours to collect, review, and submit the reporting information to NHTSA
for the Section 402 program. We further estimate that it will take each
respondent approximately 180 hours to collect, review, and submit the
reporting information to NHTSA for the Section 405 program. During the
fiscal year the States prepare a HS Form 217 initially and are required
to change the funding category amounts 30 days after Section 402 and
405 funding is received. Each respondent will produce approximately
forty HS Form 217s annually. It takes approximately \1/2\ hour or less
to complete the document. Therefore, we estimate that it will take each
respondent approximately 20 hours to complete the HS Form 217 each
year. Based on the above information, the estimated annual burden hours
for all respondents are 25,080 hours.
Assuming the average salary of these individuals is $50.00 per
hour, the estimated cost for each respondent is $22,000; the estimated
total cost for all respondents is $1,254,000.
These estimates present the highest possible burden hours and
amounts possible. All States do not apply for and receive a grant each
year under each of these programs.
NHTSA notes that under the previous authorization, SAFETEA-LU,
States submitted applications separately throughout the fiscal year for
various grants (highway safety programs, occupant protection incentive
grants, safety belt performance grants, State traffic safety
information system improvements, alcohol-impaired driving
countermeasures, motorcyclist safety, child safety and child booster
seat safety incentive grants). Under the consolidated grant application
process, NHTSA estimates that the overall paperwork burden on the
States will be reduced by this rulemaking.
Comments are invited on:
Whether the collection of information is necessary for the
proper performance of the functions of the Department, including
whether the information will have practical utility.
Whether the Department's estimate for the burden of the
information collection is accurate.
Ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.
Please submit any comments, identified by the docket number in the
heading of this document, by any of the methods described in the
ADDRESSES section of this document. Comments are due by March 25, 2013.
G. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, (15 U.S.C. 272) directs the
agency to evaluate and use voluntary consensus standards in its
regulatory activities unless doing so would be inconsistent with
applicable law or is otherwise impractical. Voluntary consensus
standards are technical standards (e.g., materials specifications, test
methods, sampling procedures, and business practices) that are
developed or adopted by voluntary consensus standards bodies, such as
the Society of Automotive Engineers. We have determined that no
voluntary consensus standards apply to this action.
H. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (Public Law 104-4)
requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in expenditures by State, local or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted annually for inflation with base
year of 1995). This IFR would not meet the definition of a Federal
mandate because the resulting annual State expenditures would not
exceed the minimum threshold. The program is voluntary and States that
choose to apply and qualify would receive grant funds.
I. National Environmental Policy Act
NHTSA has considered the impacts of this rulemaking action for the
purposes of the National Environmental Policy Act. The agency has
determined that this IFR would not have a significant impact on the
quality of the human environment.
J. Executive Order 13211
Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any
rulemaking that: (1) Is determined to be economically significant as
defined under Executive Order 12866, and is likely to have a
significantly adverse effect on the supply of, distribution of, or use
of energy; or (2) that is designated by the Administrator of the Office
of Information and Regulatory Affairs as a significant energy action.
This rulemaking is not likely to have a significantly adverse effect on
the supply of, distribution of, or use of energy. This rulemaking has
not been designated as a significant energy action. Accordingly, this
rulemaking is not subject to Executive Order 13211.
K. Executive Order 13175 (Consultation and Coordination With Indian
Tribes)
The agency has analyzed this IFR under Executive Order 13175, and
has determined that today's action would not have a substantial direct
effect on one or more Indian tribes, would not impose substantial
direct compliance costs on Indian tribal governments, and would not
preempt tribal law. Therefore, a tribal summary impact statement is not
required.
L. Plain Language
Executive Order 12866 and the President's memorandum of June 1,
1998, require each agency to write all rules in plain language.
Application of the principles of plain language includes consideration
of the following questions:
Have we organized the material to suit the public's needs?
Are the requirements in the rule clearly stated?
Does the rule contain technical language or jargon that
isn't clear?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
Would more (but shorter) sections be better?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rule easier to
understand?
If you have any responses to these questions, please include them in
your comments on this IFR.
M. 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. MAP-21 requires NHTSA to award highway safety
grants pursuant to rulemaking and separately requires NHTSA to
establish minimum requirements for the graduated driver licensing (GDL)
grant in accordance with the notice and comment provisions
[[Page 5010]]
of the Administrative Procedure Act. (Section 31101(d), MAP-21; 23
U.S.C. 405(g)(3)(A)) For this reason, the Department assigned two
separate RINs for each regulatory action--GDL and interim final rule.
On October 25, 2012, NHTSA published a separate notice of proposed
rulemaking for the GDL grant. (77 FR 60956) As stated in NPRM, NHTSA is
combining the GDL regulatory action into this interim final rule.
The Regulatory Information Service Center publishes the Unified
Agenda in or about 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.
N. Privacy Act
Please note that 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) or you may visit http://dms.dot.gov.
List of Subjects in 23 CFR Parts 1200, 1205, 1206, 1250, 1251,
1252, 1313, 1335, 1345, and 1350
Grant programs--Transportation, Highway safety, Intergovernmental
relations, Reporting and recordkeeping requirements, Administrative
practice and procedure, Alcohol abuse, Drug abuse, Motor vehicles--
motorcycles.
For the reasons discussed in the preamble, under the authority of
23 U.S.C. 401 et seq., the National Highway Traffic Safety
Administration amends 23 CFR Chapter II and Chapter III as follows:
0
1. Revise part 1200 to read as follows:
PART 1200--UNIFORM PROCEDURES FOR STATE HIGHWAY SAFETY GRANT
PROGRAMS
Sec.
Subpart A--General
1200.1 Purpose.
1200.2 Applicability.
1200.3 Definitions.
1200.4 State Highway Safety Agency--Authority and Functions.
1200.5 Due Dates--Interpretation.
Subpart B--Highway Safety Plan
1200.10 General.
1200.11 Contents.
1200.12 Due Date for Submission.
1200.13 Special Funding Conditions for Section 402 Grants.
1200.14 Review and Approval Procedures.
1200.15 Apportionment and Obligation of Federal Funds.
Subpart C--National Priority Safety Program Grants
1200.20 General.
1200.21 Occupant Protection Grants.
1200.22 State Traffic Safety Information System Improvements Grants.
1200.23 Impaired Driving Countermeasures Grants.
1200.24 Distracted Driving Grants.
1200.25 Motorcyclist Safety Grants.
1200.26 State Graduated Driver Licensing Grants.
Subpart D--Administration of the Highway Safety Grants
1200.30 General.
1200.31 Equipment.
1200.32 Changes--Approval of the Approving Official.
1200.33 Vouchers and Project Agreements.
1200.34 Program Income.
1200.35 Annual Report.
1200.36 Appeals of Written Decision by Approving Official.
Subpart E--Annual Reconciliation
1200.40 Expiration of the Highway Safety Plan.
1200.41 Disposition of Unexpended Balances.
1200.42 Post-Grant Adjustments.
1200.43 Continuing Requirements.
Subpart F--Noncompliance
1200.50 General.
1200.51 Sanctions--Reduction of Apportionment.
Subpart G--Special Provisions for Fiscal Year 2013 Highway Safety
Grants and Highway Safety Grants Under Prior Authorizations
1200.60 Fiscal Year 2013 Section 402 Grants.
1200.61 Fiscal Year 2013 Section 405 Grants.
1200.62 Pre-2013 Fiscal Year Grants.
Appendix A to Part 1200--Certification and Assurances for Highway
Safety Grants (23 U.S.C. Chapter 4)
Appendix B to Part 1200--Highway Safety Program Cost Summary (HS-
217)
Appendix C to Part 1200--Assurances for Teen Traffic Safety Program
Appendix D to Part 1200--Certification and Assurances for National
Priority Safety Program Grants (23 U.S.C. 405)
Appendix E to Part 1200--Participation by Political Subdivisions
Appendix F to Part 1200--Planning and Administration (P&A) Costs
Authority: 23 U.S.C. 402; 23 U.S.C. 405; delegation of authority
at 49 CFR 1.95.
Subpart A--General
Sec. 1200.1 Purpose.
This part establishes uniform procedures for State highway safety
programs authorized under Chapter 4, Title 23, United States Code.
Sec. 1200.2 Applicability.
The provisions of this part apply to highway safety programs
authorized under 23 U.S.C. 402 beginning fiscal year 2014 and, except
as specified in Sec. 1200.24(a), to national priority safety programs
authorized under 23 U.S.C. 405 beginning fiscal year 2013.
Sec. 1200.3 Definitions.
As used in this part--
Approving Official means a Regional Administrator of the National
Highway Traffic Safety Administration.
Carry-forward funds means those funds that a State has not expended
on projects in the fiscal year in which they were apportioned or
allocated, that are being brought forward and made available for
expenditure in a subsequent fiscal year.
Contract authority means the statutory language that authorizes an
agency to incur an obligation without the need for a prior
appropriation or further action from Congress and which, when
exercised, creates a binding obligation on the United States for which
Congress must make subsequent liquidating appropriations.
Fiscal year means the Federal fiscal year, consisting of the 12
months beginning each October 1 and ending the following September 30.
Governor means the Governor of any of the fifty States, Puerto
Rico, the U.S. Virgin Islands, Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands, the Mayor of the District
of Columbia, or, for the application of this part to Indian Country as
provided in 23 U.S.C. 402(h), the Secretary of the Interior.
Governor's Representative for Highway Safety means the official
appointed by the Governor to implement the State's highway safety
program or, for the application of this part to Indian Country as
provided in 23 U.S.C. 402(h), an official of the Bureau of Indian
Affairs or other Department of Interior official who is duly designated
by the Secretary of the Interior to implement the Indian highway safety
program.
Highway Safety Plan (HSP) means the document, coordinated with the
State strategic highway safety plan as defined in 23 U.S.C. 148(a),
that the State submits each fiscal year as its application for highway
safety grants, which describes the strategies and projects the State
plans to implement and the resources from all sources it plans to use
to achieve its highway safety performance targets.
Highway safety program means the planning, strategies and
performance measures, and general oversight and
[[Page 5011]]
management of highway safety strategies and projects by the State
either directly or through sub-recipients to address highway safety
problems in the State. A State highway safety program is defined in the
annual Highway Safety Plan and any amendments.
MAP-21 or ``Moving Ahead for Progress in the 21st Century Act''
means Public Law 112-141.
NHTSA means the National Highway Traffic Safety Administration.
Program area means any of the national priority safety program
areas identified in 23 U.S.C. 405 or a program area identified by the
State in the highway safety plan as encompassing a major highway safety
problem in the State and for which documented effective or projected by
analysis to be effective countermeasures have been identified.
Project means any undertaking or activity proposed or implemented
with grant funds under 23 U.S.C. Chapter 4.
Project agreement means a written agreement at the State level or
between the State and a subgrantee or contractor under which the State
agrees to provide 23 U.S.C. Chapter 4 funds in exchange for the
subgrantee's or contractor's performance of one or more undertakings or
activities supporting the highway safety program.
Project number means a unique identifier assigned by a State to
each project in the HSP.
Public road means any road under the jurisdiction of and maintained
by a public authority and open to public travel.
Section 402 means section 402 of title 23 of the United States
Code.
Section 405 means section 405 of title 23 of the United States
Code.
State means, except as provided in Sec. 1200.25(b), any of the
fifty States of the United States, the District of Columbia, Puerto
Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, or, for the application of this part
to Indian Country as provided in 23 U.S.C. 402(h), the Secretary of the
Interior.
State highway safety improvement program means the program defined
in section 148(a)(11) of title 23 of the United States Code.
State strategic highway safety plan means the plan defined in
section 148(a)(12) of title 23, United States Code.
Sec. 1200.4 State Highway Safety Agency--Authority and Functions.
(a) Policy. In order for a State to receive grant funds under this
part, the Governor shall exercise responsibility for the highway safety
program through a State Highway Safety Agency that has adequate powers
and is suitably equipped and organized to carry out the State's highway
safety program.
(b) Authority. Each State Highway Safety Agency shall be authorized
to--
(1) Develop and execute the Highway Safety Plan and highway safety
program in the State;
(2) Obtain information about programs to improve highway safety and
projects administered by other State and local agencies;
(3) Maintain or have ready access to information contained in State
highway safety data systems, including crash, citation, adjudication,
emergency medical services/injury surveillance, roadway and vehicle
record keeping systems, and driver license data;
(4) Periodically review and comment to the Governor on the
effectiveness of programs to improve highway safety in the State from
all funding sources that the State plans to use for such purposes;
(5) Provide financial and technical assistance to other State
agencies and political subdivisions to develop and carry out highway
safety strategies and projects; and
(6) Establish and maintain adequate staffing to effectively plan,
manage, and provide oversight of highway safety projects approved in
the Highway Safety Plan.
(c) Functions. Each State Highway Safety Agency shall--
(1) Develop and prepare the Highway Safety Plan based on evaluation
of highway safety data, including crash fatalities and injuries,
roadway, driver and other data sources to identify safety problems
within the State;
(2) Establish highway safety projects to be funded within the State
under 23 U.S.C. Chapter 4 based on identified safety problems and
priorities;
(3) Provide direction, information and assistance to sub-grantees
concerning highway safety grants, procedures for participation, and
development of projects;
(4) Encourage and assist sub-grantees to improve their highway
safety planning and administration efforts;
(5) Review and approve, and evaluate the implementation and
effectiveness of State and local highway safety programs and projects
from all funding sources that the State plans to use under the HSP, and
approve and monitor the expenditure of grant funds awarded under 23
U.S.C. Chapter 4;
(6) Assess program performance through analysis of highway safety
data and data-driven performance measures;
(7) Ensure that the State highway safety program meets the
requirements of 23 U.S.C. Chapter 4 and applicable Federal and State
laws, including but not limited to the standards for financial
management systems required under 49 CFR 18.20;
(8) Ensure that all legally required audits of the financial
operations of the State Highway Safety Agency and of the use of highway
safety grant funds are conducted;
(9) Track and maintain current knowledge of changes in State
statute or regulation that could affect State qualification for highway
safety grants or fund transfer programs; and
(10) Coordinate the Highway Safety Plan and highway safety data
collection and information systems activities with other federally and
non-federally supported programs relating to or affecting highway
safety, including the State strategic highway safety plan as defined in
23 U.S.C. 148(a).
Sec. 1200.5 Due Dates--Interpretation.
If any deadline or due date in this part falls on a Saturday,
Sunday or Federal holiday, the applicable deadline or due date shall be
the next business day.
Subpart B--Highway Safety Plan
Sec. 1200.10 General.
Beginning with grants authorized in fiscal year 2014, to apply for
any highway safety grant under 23 U.S.C. Chapter 4, a State shall
submit a Highway Safety Plan meeting the requirements of this subpart.
Sec. 1200.11 Contents.
Each fiscal year, the State's Highway Safety Plan shall consist of
the following components:
(a) Highway safety planning process. (1) A brief description of the
data sources and processes used by the State to identify its highway
safety problems, describe its highway safety performance measures and
define its performance targets, develop and select evidence-based
countermeasure strategies and projects to address its problems and
achieve its performance targets. In describing these data sources and
processes, the State shall identify the participants in the processes
(e.g., highway safety committees, program stakeholders, community and
constituent groups), discuss the strategies for project selection
(e.g., constituent outreach, public meetings, solicitation of
proposals), and list the information and data sources consulted (e.g.,
Countermeasures That Work, Sixth Edition, 2011).
(2) A description of the efforts to coordinate and the outcomes
from the
[[Page 5012]]
coordination of the highway safety plan, data collection, and
information systems with the State strategic highway safety plan (as
defined in 23 U.S.C. 148(a)).
(b) Performance plan. A performance plan containing the following
elements:
(1) A list of annual quantifiable and measurable highway safety
performance targets that is data-driven, consistent with the Uniform
Guidelines for Highway Safety Program and based on highway safety
problems identified by the State during the planning process conducted
under paragraph (a) of this section.
(2) Performance measures developed by DOT in collaboration with the
Governor's Highway Safety Association and others, beginning with the
MAP-21 directed ``Traffic Safety Performance Measures for States and
Federal Agencies'' (DOT HS 811 025), which are used as a minimum in
developing the performance targets identified in paragraph (b)(1) of
this section. Beginning with grants awarded after fiscal year 2014, the
performance measures common to the State's HSP and the State highway
safety improvement program (fatalities, fatality rate, and serious
injuries) shall be defined identically, as coordinated through the
State strategic highway safety plan. At least one performance measure
and performance target that is data driven shall be provided for each
program area that enables the State to track progress, from a specific
baseline, toward meeting the target (e.g., a target to ``increase seat
belt use from X percent in Year 1 to Y percent in Year 2,'' using a
performance measure of ``percent of restrained occupants in front
outboard seating positions in passenger motor vehicles''). For each
performance measure, the State shall provide:
(i) Documentation of current safety levels;
(ii) Quantifiable annual performance targets; and
(iii) Justification for each performance target that explains why
the target is appropriate and data-driven.
(3) Additional performance measures, not included under paragraph
(b)(2) of this section. For program areas where performance measures
have not been jointly developed, a State shall develop its own
performance measures and performance targets that are data-driven
(e.g., distracted driving, bicycles). The State shall provide the same
information as required under paragraph (b)(2) of this section.
(c) Highway safety strategies and projects. A description of--
(1) Each countermeasure strategy and project the State plans to
implement to reach the performance targets identified in paragraph (b)
of this section. At a minimum, the State shall describe one year of
Section 402 and 405 countermeasure strategies and projects (which
should include countermeasure strategies identified in the State
strategic highway safety plan) and shall identify funds from other
sources, including Federal, State, local, and private sector funds,
that the State plans to use for such projects or use to achieve program
area performance targets.
(2) The State's process for selecting the countermeasure strategies
and projects described in paragraph (c)(1) of this section to allow the
State to meet the highway safety performance targets described in
paragraph (b) of this section. At a minimum, the State shall provide an
assessment of the overall traffic safety impacts of the strategies
chosen and proposed or approved projects to be funded.
(3) The data and data analysis or other documentation supporting
the effectiveness of proposed countermeasure strategies described in
paragraph (c)(1) of this section (e.g., the State may include
information on the cost effectiveness of proposed countermeasure
strategies, if such information is available).
(4) The evidence-based traffic safety enforcement program to
prevent traffic violations, crashes, and crash fatalities and injuries
in areas most at risk for such incidents. At a minimum, the State shall
provide for--
(i) An analysis of crashes, crash fatalities, and injuries in areas
of highest risk;
(ii) Deployment of resources based on that analysis; and
(iii) Continuous follow-up and adjustment of the enforcement plan.
(5) The planned high visibility enforcement strategies to support
national mobilizations.
(d) Performance report. A program-area-level report on the State's
success in meeting State performance targets from the previous fiscal
year's Highway Safety Plan.
(e) Program cost summary and list of projects. (1) HS Form 217,
meeting the requirements of Appendix B, completed to reflect the
State's proposed allocations of funds (including carry-forward funds)
by program area. The funding level used shall be an estimate of
available funding for the upcoming fiscal year based on amounts
authorized for the fiscal year and projected carry-forward funds.
(2) For each program area, an accompanying list of projects that
the State proposes to conduct for that fiscal year and an estimated
amount of Federal funds for each such project.
(f) Certifications and assurances. Appendix A--Certifications and
Assurances for Section 402 Grants, signed by the Governor's
Representative for Highway Safety, certifying the HSP application
contents and providing assurances that the State will comply with
applicable laws and regulations, financial and programmatic
requirements, and, in accordance with Sec. 1200.13 of this part, the
special funding conditions for the Section 402 program.
(g) Teen Traffic Safety Program. If the State elects to include the
Teen Traffic Safety Program authorized under 23 U.S.C. 402(m), a
description of projects that the State will conduct as part of the Teen
Traffic Safety Program--a statewide program to improve traffic safety
for teen drivers--and the assurances in Appendix C, signed by the
Governor's Representative for Highway Safety.
(h) Section 405 grant application. Application for any of the
national priority safety program grants, in accordance with the
requirements of subpart C, including Appendix D--Certifications and
Assurances for Section 405 Grants, signed by the Governor's
Representative for Highway Safety.
Sec. 1200.12 Due Date for Submission.
(a) Except as specified under Sec. 1200.61(a), a State shall
submit its Highway Safety Plan electronically to the NHTSA regional
office no later than July 1 preceding the fiscal year to which the
Highway Safety Plan applies.
(b) Failure to meet this deadline may result in delayed approval
and funding of a State's Section 402 grant or disqualification from
receiving Section 405 grants.
Sec. 1200.13 Special Funding Conditions for Section 402 Grants.
The State's highway safety program under Section 402 shall be
subject to the following conditions, and approval under Sec. 1200.14
of this part shall be deemed to incorporate these conditions:
(a) Planning and administration costs. (1) Federal participation in
P&A activities shall not exceed 50 percent of the total cost of such
activities, or the applicable sliding scale rate in accordance with 23
U.S.C. 120. The Federal contribution for P&A activities shall not
exceed 13 percent of the total funds the State receives under 23 U.S.C.
402. In accordance with 23 U.S.C. 120(i), the Federal share payable for
projects in the U.S. Virgin Islands, Guam, American Samoa and the
Commonwealth of the Northern Mariana Islands shall be 100 percent. The
Indian
[[Page 5013]]
Country, as defined by 23 U.S.C. 402(h), is exempt from the provisions
of P&A requirements. NHTSA funds shall be used only to finance P&A
activities attributable to NHTSA programs. Determinations of P&A shall
be in accordance with the provisions of Appendix F.
(2) P&A tasks and related costs shall be described in the P&A
module of the State's Highway Safety Plan. The State's matching share
shall be determined on the basis of the total P&A costs in the module.
(b) Automated traffic enforcement systems prohibition. The State
may not expend funds apportioned to the State under 23 U.S.C. 402 to
carry out a program to purchase, operate, or maintain an automated
traffic enforcement system. The term ``automated traffic enforcement
system'' includes any camera which captures an image of a vehicle for
the purposes only of red light and speed enforcement, and does not
include hand held radar and other devices operated by law enforcement
officers to make an on-the-scene traffic stop, issue a traffic
citation, or other enforcement action at the time of the violation.
Sec. 1200.14 Review and Approval Procedures.
(a) General. Upon receipt and initial review of the Highway Safety
Plan, NHTSA may request additional information from a State to ensure
compliance with the requirements of this part. Failure to respond
promptly to a request for additional information concerning the Section
402 grant application may result in delayed approval and funding of a
State's Section 402 grant. Failure to respond promptly to a request for
additional information concerning any of the Section 405 grant
applications may result in a State's disqualification from
consideration for a Section 405 grant.
(b) Approval and disapproval of Highway Safety Plan. Within 60 days
after receipt of the Highway Safety Plan under this subpart--
(1) For Section 402 grants, the Approving Official shall issue--
(i) A letter of approval with conditions, if any, to the Governor
and the Governor's Representative for Highway Safety; or
(ii)(A) A letter of disapproval to the Governor and the Governor's
Representative for Highway Safety informing the State of the reasons
for disapproval and requiring resubmission of the Highway Safety Plan
with proposed modifications necessary for approval; and
(B) A letter of approval or disapproval upon resubmission of the
Highway Safety Plan within 30 days after NHTSA receives the revised
Highway Safety Plan.
(2) For Section 405 grants--
(i) The NHTSA Administrator shall notify States in writing of
Section 405 grant awards and specify any conditions or limitations
imposed by law on the use of funds; or
(ii) The Approving Official shall notify States in writing if a
State's application does not meet the qualification requirements for
any of the Section 405 grants.
Sec. 1200.15 Apportionment and Obligation of Federal Funds.
(a) Except as provided in paragraph (b) of this section, on October
1 of each fiscal year, or soon thereafter, the NHTSA Administrator
shall, in writing, distribute funds available for obligation under 23
U.S.C. Chapter 4 to the States and specify any conditions or
limitations imposed by law on the use of the funds.
(b) In the event that authorizations exist but no applicable
appropriation act has been enacted by October 1 of a fiscal year the
NHTSA Administrator may, in writing, distribute a part of the funds
authorized under 23 U.S.C. Chapter 4 contract authority to the States
to ensure program continuity, and in that event shall specify any
conditions or limitations imposed by law on the use of the funds. Upon
appropriation of grant funds, the NHTSA Administrator shall, in
writing, promptly adjust the obligation limitation, and specify any
conditions or limitations imposed by law on the use of the funds.
(c) Funds distributed under paragraph (a) or (b) of this section
shall be available for expenditure by the States to satisfy the Federal
share of expenses under the approved Highway Safety Plan, and shall
constitute a contractual obligation of the Federal Government, subject
to any conditions or limitations identified in the distributing
document. Such funds shall be available for expenditure by the States
as provided in Sec. 1200.41(b), after which the funds shall lapse.
(d) Notwithstanding the provisions of paragraph (c) of this
section--
(1) Reimbursement of State expenses for Section 402 grant funds
shall be contingent upon the submission of an updated HS Form 217 and
an updated project list that includes project numbers for each project
within 30 days after the beginning of the fiscal year or the date of
the written approval provided under Sec. 1200.14(b)(1) of this part,
whichever is later, and approval of the updated HS Form 217 by the
Approving Official.
(2) Reimbursement of State expenses for Section 405 grant funds
shall be contingent upon the submission of an updated Highway Safety
Plan, HS Form 217, and project list to address the grant funds awarded
under subpart C, within 30 days after the beginning of the fiscal year
or the date of the grant award notice provided under Sec.
1200.14(b)(2), whichever is later, and approval of the updated Highway
Safety Plan and HS Form 217 by the Approving Official. Submitting the
updated Highway Safety Plan and HS Form 217 is a precondition to
reimbursement of grant expenses.
(3) The updated HS Form 217 required under paragraphs (d)(1) and
(d)(2) of this section shall reflect the State's allocation of grant
funds made available for expenditure during the fiscal year, including
carry-forward funds. Within each program area, the State shall provide
a project list to be conducted during the fiscal year.
Subpart C--National Priority Safety Program Grants
Sec. 1200.20 General.
(a) Scope. This subpart establishes criteria, in accordance with 23
U.S.C. 405, for awarding grants to States that adopt and implement
programs and laws to address national priorities for reducing highway
deaths and injuries.
(b) Definitions. As used in this subpart--
Blood alcohol concentration or BAC means grams of alcohol per
deciliter or 100 milliliters blood, or grams of alcohol per 210 liters
of breath.
FARS means NHTSA's Fatality Analysis Reporting System.
Majority means greater than 50 percent.
Passenger motor vehicle means a passenger car, pickup truck, van,
minivan or sport utility vehicle with a gross vehicle weight rating of
less than 10,000 pounds.
Personal wireless communications device means a device through
which personal wireless services (commercial mobile services,
unlicensed wireless services, and common carrier wireless exchange
access services) are transmitted, but does not include a global
navigation satellite system receiver used for positioning, emergency
notification, or navigation purposes.
Primary offense means an offense for which a law enforcement
officer may stop a vehicle and issue a citation in the absence of
evidence of another offense.
(c) Eligibility. Except as provided in Sec. 1200.25(c), the 50
States, the District of Columbia, Puerto Rico, American
[[Page 5014]]
Samoa, the Commonwealth of the Northern Mariana Islands, Guam and the
U.S. Virgin Islands are each eligible to apply for national priority
safety program grants under this subpart.
(d) Qualification based on State statutes. Whenever a State statute
is the basis for a grant award under this subpart, such statute shall
have been enacted by the application due date and be in effect and
enforced, without interruption, by the beginning of and throughout the
fiscal year of the grant award.
(e) Award determinations and transfer of funds.
(1) Except as in provided Sec. 1200.26(d), the amount of a grant
award to a State in a fiscal year under this subpart shall be
determined by applying the apportionment formula under 23 U.S.C. 402(c)
for fiscal year 2009 to all qualifying States, in proportion to the
amount each such State received under 23 U.S.C. 402(c) for fiscal year
2009, so that all available amounts are distributed to qualifying
States to the maximum extent practicable.
(2) Notwithstanding paragraph (e)(1) of this section, and except as
provided in Sec. 1200.25(k), a grant awarded to a State in a fiscal
year under this subpart may not exceed 10 percent of the total amount
made available for that section for that fiscal year.
(3) If it is determined after review of applications that funds for
a grant program under this subpart will not all be distributed, such
funds shall be transferred to other programs authorized under 23 U.S.C.
402 and 405 to ensure, to the maximum extent practicable, that each
State receives the maximum funding for which it qualifies.
(f) Matching. The Federal share of the costs of activities or
programs funded using amounts from grants awarded under this subpart
may not exceed 80 percent.
Sec. 1200.21 Occupant protection grants.
(a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(b), for awarding grants to States that adopt and
implement effective occupant protection programs to reduce highway
deaths and injuries resulting from individuals riding unrestrained or
not properly restrained in motor vehicles.
(b) Definitions. As used in this section--
Child restraint means any device (including a child safety seat,
booster seat used in conjunction with 3-point belts, or harness, but
excluding seat belts) that is designed for use in a motor vehicle to
restrain, seat, or position a child who weighs 65 pounds (30 kilograms)
or less and that meets the Federal motor vehicle safety standard
prescribed by the National Highway Traffic Safety Administration for
child restraints.
High seat belt use rate State means a State that has an observed
seat belt use rate of 90.0 percent or higher (not rounded) based on
validated data from the State survey of seat belt use conducted during
the previous calendar year, in accordance with the Uniform Criteria for
State Observational Surveys of Seat Belt Use, 23 CFR Part 1340 (e.g.,
for a grant application submitted on July 1, 2014, the ``previous
calendar year'' would be 2013).
Lower seat belt use rate State means a State that has an observed
seat belt use rate below 90.0 percent (not rounded) based on validated
data from the State survey of seat belt use conducted during the
previous calendar year, in accordance with the Uniform Criteria for
State Observational Surveys of Seat Belt Use, 23 CFR Part 1340 (e.g.,
for a grant application submitted on July 1, 2014, the ``previous
calendar year'' would be 2013).
Seat belt means, with respect to open-body motor vehicles,
including convertibles, an occupant restraint system consisting of a
lap belt or a lap belt and a detachable shoulder belt, and with respect
to other motor vehicles, an occupant restraint system consisting of
integrated lap and shoulder belts.
Problem identification means the data collection and analysis
process for identifying areas of the State, types of crashes, or types
of populations (e.g., high-risk populations) that present specific
safety or usage challenges in efforts to improve occupant protection.
(c) Eligibility determination. A State is eligible to apply for a
grant under this section as a high seat belt use rate State or as a
lower seat belt use rate State, in accordance with paragraph (d) or (e)
of this section, as applicable.
(d) Qualification criteria for a high seat belt use rate State. To
qualify for an occupant protection grant in a fiscal year, a high seat
belt use rate State (as determined by NHTSA) shall submit an executed
Part 1 of Appendix D and the following documentation:
(1) Occupant protection plan. (i) For a first fiscal year award, a
copy of the State occupant protection program area plan to be included
in the State HSP that describes the programs the State will implement
to achieve reductions in traffic crashes, fatalities, and injuries on
public roads.
(ii) For subsequent fiscal year awards, an update of the State's
occupant protection plan provided in paragraph (d)(1)(i) of this
section.
(2) Participation in Click-it-or-Ticket national mobilization. A
description of the State's planned participation, and the assurance
provided in Part 1 of Appendix D, signed by the Governor's Highway
Safety Representative, that the State will participate in the Click it
or Ticket national mobilization during the fiscal year of the grant;
(3) Child restraint inspection stations. Documentation that the
State has an active network of child inspection stations and/or
inspection events that are--
(i) Located in areas that service the majority of the State's
population and show evidence of outreach to underserved areas; and
(ii) Staffed with at least one current nationally Certified Child
Passenger Safety Technician during official posted hours.
(4) Child passenger safety technicians. A copy of the State's plan
to recruit, train and retain nationally Certified Child Passenger
Safety Technicians to staff each child inspection station and
inspection events located in the State.
(5) Maintenance of effort. The assurance provided in Part 1 of
Appendix D, signed by the Governor's Highway Safety Representative,
that the State shall maintain its aggregate expenditures from all State
and local sources for occupant protection programs at or above the
average level of such expenditure in fiscal years 2010 and 2011.
(e) Qualification criteria for a lower seat belt use rate State. To
qualify for an occupant protection grant in a fiscal year, a lower seat
belt use rate State (as determined by NHTSA) shall satisfy all the
requirements of and submit all the documentation required under
paragraph (d) of this section, and submit documentation demonstrating
that it meets at least three of the following additional criteria:
(1) Primary enforcement seat belt use law. The assurance provided
in Part 1 of Appendix D, signed by the Governor's Highway Safety
Representative, providing legal citations to the State statute or
statutes demonstrating that the State has enacted and is enforcing
occupant protection laws that make a violation of the requirement to be
secured in a seat belt or child restraint a primary offense.
(2) Occupant protection laws. The assurance provided in Part 1 of
Appendix D, signed by the Governor's Highway Safety Representative,
providing legal citations to State statute or statutes demonstrating
that the State has enacted and is enforcing occupant protection laws
that require--
[[Page 5015]]
(i) Each occupant riding in a passenger motor vehicle who is under
eight years of age, weighs less than 65 pounds and is less than four
feet, nine inches in height to be secured in an age-appropriate child
restraint;
(ii) Each occupant riding in a passenger motor vehicle other than
an occupant identified in paragraph (e)(2)(i) of this section to be
secured in a seat belt or appropriate child restraint;
(iii) A minimum fine of $25 per unrestrained occupant for a
violation of the occupant protection laws described in paragraphs
(e)(2)(i) and (ii) of this section.
(iv) No exemption from coverage, except the following:
(A) Drivers, but not passengers, of postal, utility, and commercial
vehicles that make frequent stops in the course of their business;
(B) Persons who are unable to wear a seat belt or child restraint
because of a medical condition, provided there is written documentation
from a physician;
(C) Persons who are unable to wear a seat belt or child restraint
because all other seating positions are occupied by persons properly
restrained in seat belts or child restraints;
(D) Emergency vehicle operators and passengers in emergency
vehicles during an emergency;
(E) Persons riding in seating positions or vehicles not required by
Federal Motor Vehicle Safety Standards to be equipped with seat belts;
(F) Passengers in public and livery conveyances.
(3) Seat belt enforcement. Documentation of the State's plan to
conduct ongoing and periodic seat belt and child restraint enforcement
during the fiscal year of the grant involving--
(i) At least 70 percent of the State's population as shown by the
latest available Federal census; or
(ii) Law enforcement agencies responsible for seat belt enforcement
in geographic areas in which at least 70 percent of the State's
unrestrained passenger vehicle occupant fatalities occurred (reported
in the HSP).
(4) High risk population countermeasure programs. Documentation
that the State has implemented data-driven programs to improve seat
belt and child restraint use for at least two of the following at-risk
populations:
(i) Drivers on rural roadways;
(ii) Unrestrained nighttime drivers;
(iii) Teenage drivers;
(iv) Other high-risk populations identified in the occupant
protection plan required under paragraph (d)(1) of this section.
(5) Comprehensive occupant protection program. Documentation
demonstrating that the State has--
(i) Conducted a NHTSA-facilitated program assessment that evaluates
the program for elements designed to increase seat belt usage in the
State;
(ii) Developed a multi-year strategic plan based on input from
statewide stakeholders (task force) under which the State developed--
(A) A program management strategy that provides leadership,
training and technical assistance to other State agencies and local
occupant protection programs and projects;
(B) A program evaluation strategy that assesses performance in
achieving the State's measurable goals and objectives for increasing
seat belt and child restraint usage for adults and children;
(C) A communication and education program strategy that has as its
cornerstone the high visibility enforcement model that combines use of
media, both paid and earned, and education to support enforcement
efforts at the State and community level aimed at increasing seat belt
use and correct usage of age appropriate child restraint systems; and
(D) An enforcement strategy that includes activities such as
encouraging seat belt use policies for law enforcement agencies,
vigorous enforcement of seat belt and child safety seat laws, and
accurate reporting of occupant protection system information on police
accident report forms.
(iii) designated an occupant protection coordinator; and
(iv) established a statewide occupant protection task force that
includes agencies and organizations that can help develop, implement,
enforce and evaluate occupant protection programs.
(6) Occupant protection program assessment.
(i) A NHTSA-facilitated assessment of all elements of its occupant
protection program within the three years prior to October 1 of the
grant year; or
(ii) For the first year of the grant, the assurance provided in
Part 1 of Appendix D, signed by the Governor's Representative for
Highway Safety, that the State will conduct a NHTSA-facilitated
assessment by September 1 of the grant year. The agency will require
the return of grant funds awarded under this section if the State fails
to conduct such an assessment by the deadline and will redistribute any
such grant funds in accordance with Sec. 1200.20(e) to other
qualifying States under this section.
(f) Use of grant funds.
(1) Eligible uses. Except as provided in paragraph (f)(2) of this
section, use of grant funds awarded under this section shall be limited
to the following programs or purposes:
(i) To support high-visibility enforcement mobilizations, including
paid media that emphasizes publicity for the program, and law
enforcement;
(ii) To train occupant protection safety professionals, police
officers, fire and emergency medical personnel, educators, and parents
concerning all aspects of the use of child restraints and occupant
protection;
(iii) To educate the public concerning the proper use and
installation of child restraints, including related equipment and
information systems;
(iv) To provide community child passenger safety services,
including programs about proper seating positions for children and how
to reduce the improper use of child restraints;
(v) To establish and maintain information systems containing data
concerning occupant protection, including the collection and
administration of child passenger safety and occupant protection
surveys; and
(vi) To purchase and distribute child restraints to low-income
families, provided that not more than five percent of the funds
received in a fiscal year are used for such purpose.
(2) Eligible uses for high seat belt use rate States.
Notwithstanding paragraph (f)(1) of this section, a State that
qualifies for grant funds as a high seat belt use rate State may use up
to 75 percent of such funds for any project or activity eligible for
funding under 23 U.S.C. 402.
Sec. 1200.22 State traffic safety information system improvements
grants.
(a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(c), for grants to States to develop and implement
effective programs that improve the timeliness, accuracy, completeness,
uniformity, integration, and accessibility of State safety data needed
to identify priorities for Federal, State, and local highway and
traffic safety programs, evaluate the effectiveness of such efforts,
link State data systems, including traffic records and systems that
contain medical, roadway, and economic data, improve the compatibility
and interoperability of State data systems with national data systems
and the data systems of other States, and enhance the agency's ability
to observe and analyze national trends in crash occurrences, rates,
outcomes, and circumstances.
(b) Requirement for traffic records coordinating committee (TRCC).
(1) Structure and composition. The State shall have a traffic
records coordinating committee that--
[[Page 5016]]
(i) Is chartered or legally mandated;
(ii) Meets at least three times annually;
(iii) Has a multidisciplinary membership that includes owners,
operators, collectors and users of traffic records and public health
and injury control data systems, highway safety, highway
infrastructure, law enforcement and adjudication officials, and public
health, emergency medical services, injury control, driver licensing,
and motor carrier agencies and organizations; and
(iv) Has a designated TRCC coordinator.
(2) Functions. The traffic records coordinating committee shall--
(i) Have authority to review any of the State's highway safety data
and traffic records systems and any changes to such systems before the
changes are implemented;
(ii) Consider and coordinate the views of organizations in the
State that are involved in the collection, administration, and use of
highway safety data and traffic records systems, and represent those
views to outside organizations;
(iii) Review and evaluate new technologies to keep the highway
safety data and traffic records system current; and
(iv) Approve annually the membership of the TRCC, the TRCC
coordinator, any change to the State's multi-year Strategic Plan
required under paragraph (c) of this section, and performance measures
to be used to demonstrate quantitative progress in the accuracy,
completeness, timeliness, uniformity, accessibility or integration of a
core highway safety database.
(c) Requirement for a state traffic records strategic plan. The
State shall have a Strategic Plan, approved by the TRCC, that--
(1) Describes specific, quantifiable and measurable improvements
anticipated in the State's core safety databases, including crash,
citation or adjudication, driver, emergency medical services or injury
surveillance system, roadway, and vehicle databases;
(2) For any identified performance measure, uses the formats set
forth in the Model Performance Measures for State Traffic Records
Systems collaboratively developed by NHTSA and the Governors Highway
Safety Association (GHSA);
(3) Includes a list of all recommendations from its most recent
highway safety data and traffic records system assessment;
(4) Identifies which such recommendations the State intends to
implement and the performance measures to be used to demonstrate
quantifiable and measurable progress; and
(5) For recommendations that the State does not intend to
implement, provides an explanation.
(d) Requirement for quantitative improvement. A State shall
demonstrate quantitative improvement in the data attributes of
accuracy, completeness, timeliness, uniformity, accessibility and
integration in a core database by demonstrating an improved consistency
within the State's record system or by achieving a higher level of
compliance with a national model inventory of data elements, such as
the Model Minimum Uniform Crash Criteria (MMUCC), the Model Impaired
Driving Records Information System (MIDRIS), the Model Inventory of
Roadway Elements (MIRE) or the National Emergency Medical Services
Information System (NEMSIS).
(e) Requirement for assessment. The State shall have conducted or
updated, within the five years prior to the application due date, an
in-depth, formal assessment of its highway safety data and traffic
records system accurately performed by a group knowledgeable about
highway safety data and traffic records systems that complies with the
procedures and methodologies outlined in NHTSA's Traffic Records
Highway Safety Program Advisory (DOT HS 811 644).
(f) Requirement for maintenance of effort. The State shall maintain
its aggregate expenditures from all State and local sources for State
traffic safety information system programs at or above the average
level of such expenditure in fiscal years 2010 and 2011, as provided in
Part 2 of Appendix D, signed by the Governor's Highway Safety
Representative.
(g) Qualification criteria. To qualify for a grant under this
section in a fiscal year, a State shall submit an executed Part 2 of
Appendix D and the following documentation:
(1) Either the TRCC charter or legal citation(s) to the statute or
regulation legally mandating a TRCC with the functions required by
paragraph (b)(2) of this section;
(2) Meeting schedule, all reports and data system improvement and
policy guidance documents promulgated by the TRCC during the 12 months
immediately preceding the grant application due date;
(3) A list of the TRCC membership and the organizations and
functions they represent;
(4) The name and title of the State's Traffic Records Coordinator.
(5) A copy of the Strategic Plan required under paragraph (c) of
this section, including any updates to the Strategic Plan.
(6) Either a written description of the performance measures, and
all supporting data, that the State is relying on to demonstrate
quantitative improvement in the preceding 12 months of the grant
application due date in one or more of the significant data program
attributes or the location where this information is detailed in the
Strategic Plan.
(7) The certification provided in Part 2 of Appendix D, signed by
the Governor's Representative for Highway Safety, that an assessment of
the State's highway safety data and traffic records system was
conducted or updated within the five years prior to the application due
date as provided in paragraph (e) of this section.
(h) Use of grant funds. Grant funds awarded under this section
shall be used to make quantifiable, measureable progress improvements
in the accuracy, completeness, timeliness, uniformity, accessibility or
integration of data in a core highway safety database.
Sec. 1200.23 Impaired driving countermeasures grants.
(a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(d), for awarding grants to States that adopt and
implement effective programs to reduce traffic safety problems
resulting from individuals driving motor vehicles while under the
influence of alcohol, drugs, or the combination of alcohol and drugs or
that enact alcohol ignition interlock laws.
(b) Definitions. As used in this section--
24-7 sobriety program means a State law or program that authorizes
a State court or a State agency, as a condition of sentence, probation,
parole, or work permit, to require an individual who pleads guilty to
or was convicted of driving under the influence of alcohol or drugs
to--
(1) Abstain totally from alcohol or drugs for a period of time; and
(2) Be subject to testing for alcohol or drugs at least twice per
day by continuous transdermal alcohol monitoring via an electronic
monitoring device, or by an alternative method approved by NHTSA.
Alcohol means wine, beer and distilled spirits.
Average impaired driving fatality rate means the number of
fatalities in motor vehicle crashes involving a driver with a blood
alcohol concentration of at least 0.08 percent for every 100,000,000
vehicle miles traveled, based on the
[[Page 5017]]
most recently reported three calendar years of final data from the
FARS.
Assessment means a NHTSA-facilitated process that employs a team of
subject matter experts to conduct a comprehensive review of a specific
highway safety program in a State.
Driving under the influence of alcohol, drugs, or a combination of
alcohol and drugs means operating a vehicle while the alcohol and/or
drug concentration in the blood or breath, as determined by chemical or
other tests, equals or exceeds the level established by the State or is
equivalent to the standard offense for driving under the influence of
alcohol or drugs in the State.
Driving While Intoxicated (DWI) Court means a court that
specializes in cases involving driving while intoxicated and abides by
the Ten Guiding Principles of DWI Courts in effect on the date of the
grant, as established by the National Center for DWI Courts.
Drugs means controlled substances as that term is defined under
section 102(6) of the Controlled Substances Act, 21 U.S.C. 802(6).
High visibility enforcement efforts means participation in national
impaired driving law enforcement campaigns organized by NHTSA,
participation in impaired driving law enforcement campaigns organized
by the State, or the use of sobriety checkpoints and/or saturation
patrols, conducted in a highly visible manner and supported by
publicity through paid or earned media.
High-range State means a State that has an average impaired driving
fatality rate of 0.60 or higher.
Low-range State means a State that has an average impaired driving
fatality rate of 0.30 or lower.
Mid-range State means a State that has an average impaired driving
fatality rate that is higher than 0.30 and lower than 0.60.
Saturation patrol means a law enforcement activity during which
enhanced levels of law enforcement are conducted in a concentrated
geographic area (or areas) for the purpose of detecting drivers
operating motor vehicles while impaired by alcohol and/or other drugs.
Sobriety checkpoint means a law enforcement activity during which
law enforcement officials stop motor vehicles on a non-discriminatory,
lawful basis for the purpose of determining whether the operators of
such motor vehicles are driving while impaired by alcohol and/or other
drugs.
Standard offense for driving under the influence of alcohol or
drugs means the offense described in a State's law that makes it a
criminal offense to operate a motor vehicle while under the influence
of alcohol or drugs, but does not require a measurement of alcohol or
drug content.
(c) Eligibility determination. A State is eligible to apply for a
grant under this section as a low-range State, a mid-range State or a
high-range State, in accordance with paragraphs (d), (e) or (f) of this
section, as applicable. Independent of this range determination, a
State may also qualify for a separate grant under this section as an
ignition interlock State, as provided in paragraph (g) of this section.
(d) Qualification criteria for a low-range State. To qualify for an
impaired driving countermeasures grant in a fiscal year, a low-range
State (as determined by NHTSA) shall submit an executed Part 3 of
Appendix D providing assurances, signed by the Governor's
Representative for Highway Safety, that the State will--
(1) Use the funds awarded under 23 U.S.C. 405(d)(1) only for the
implementation and enforcement of programs authorized in paragraph (i)
of this section; and
(2) Maintain its aggregate expenditures from all State and local
sources for impaired driving programs at or above the average level of
such expenditure in fiscal years 2010 and 2011, as provided in Part 3
of Appendix D.
(e) Qualification criteria for a mid-range State. To qualify for an
impaired driving countermeasures grant in a fiscal year, a mid-range
State (as determined by NHTSA) shall submit the information required in
paragraph (d) of this section and the following additional
documentation:
(1) Statewide impaired driving plan. If the State has not received
a grant under this section for a previously submitted statewide
impaired driving plan, the State shall submit a copy of a statewide
impaired driving plan that--
(i) Has been developed within the three years prior to the
application due date;
(ii) Has been approved by a statewide impaired driving task force
that meets the requirements of paragraph (e)(2) of this section;
(iii) Provides a comprehensive strategy that uses data and problem
identification to identify measurable goals and objectives for
preventing and reducing impaired driving behavior and impaired driving
crashes; and
(iv) Covers general areas that include program management and
strategic planning, prevention, the criminal justice system,
communication programs, alcohol and other drug misuse, and program
evaluation and data.
(2) Statewide impaired driving task force. The State shall submit a
copy of information describing its statewide impaired driving task
force that--
(i) Provides the basis for the operation of the task force,
including any charter or establishing documents;
(ii) Includes a schedule of all meetings held in the 12 months
preceding the application due date and any reports or documents
produced during that time period; and
(iii) Includes a list of membership and the organizations and
functions represented and includes, at a minimum, key stakeholders from
the State Highway Safety Office and the areas of law enforcement and
criminal justice system (e.g., prosecution, adjudication, probation),
and, as appropriate, stakeholders from the areas of driver licensing,
treatment and rehabilitation, ignition interlock programs, data and
traffic records, public health, and communication.
(3) Assurances. For the first year of the grant as a mid-range
State, if the State is not able to meet the requirements of paragraph
(e)(1) of this section, the State may provide the assurances provided
in Part 3 of Appendix D, signed by the Governor's Representative for
Highway Safety, that the State will convene a statewide impaired
driving task force to develop a statewide impaired driving plan that
meets the requirements of paragraph (e)(1) of this section and submit
the statewide impaired driving plan by September 1 of the grant year.
The agency will require the return of grant funds awarded under this
section if the State fails to submit the plan by the deadline and will
redistribute any such grant funds in accordance with Sec. 1200.20(e)
to other qualifying States under this section.
(f) Qualification criteria for a high-range State. To qualify for
an impaired driving countermeasures grant in a fiscal year, a high-
range State (as determined by NHTSA) shall submit the information
required in paragraph (d) of this section and the following additional
documentation:
(1) Impaired driving program assessment. (i) The assurances
provided in Part 3 of Appendix D, signed by the Governor's
Representative for Highway Safety, providing the date of the NHTSA-
facilitated assessment of the State's impaired driving program
conducted within the three years prior to the application due date; or
(ii) For the first year of the grant as a high-range State, the
assurances provided in Part 3 of Appendix D,
[[Page 5018]]
signed by the Governor's Representative for Highway Safety, that the
State will conduct a NHTSA-facilitated assessment by September 1 of the
grant year.
(2) Statewide impaired driving plan. (i) First year compliance. For
the first year of the grant as a high-range State, the assurances
provided in Part 3 of Appendix D, signed by the Governor's
Representative for Highway Safety, that the State will convene a
statewide impaired driving task force to develop a statewide impaired
driving plan, which will be submitted to NHTSA for review and approval
by September 1 of the grant year that--
(A) Meets the requirements of paragraph (e)(1) of this section;
(B) Addresses any recommendations from the assessment of the
State's impaired driving program required in paragraph (f)(1) of this
section;
(C) Includes a detailed plan for spending any grant funds provided
for high visibility enforcement efforts; and
(D) Describes how the spending supports the State's impaired
driving program and achievement of its performance goals and targets;
(ii) Subsequent year compliance. For subsequent years of the grant
as a high-range State, the State shall submit for NHTSA review and
comment a statewide impaired driving plan that meets the requirements
of paragraph (f)(2)(i)(A) through (D) of this section or an update to
its statewide impaired driving plan, as part of its application for a
grant.
(g) Ignition interlock State. To qualify for a separate grant as an
ignition interlock State in a fiscal year, a State shall submit the
assurances in Part 3 of Appendix D, signed by the Governor's
Representative for Highway Safety, providing legal citation(s) to the
State statute demonstrating that the State has enacted and is enforcing
a law that requires all individuals convicted of driving under the
influence of alcohol or of driving while intoxicated to drive only
vehicles with alcohol ignition interlocks for a period of not less than
30 days.
(h) Award. (1) The amount available for grants under paragraphs
(d), (e) and (f) of this section shall be determined based on the total
amount of eligible States for these grants and after deduction of the
amount necessary to fund grants under paragraph (g) of this section.
(2) The amount available for grants under paragraph (g) of this
section shall not exceed 15 percent of the total amount made available
to States under this section for the fiscal year.
(i) Use of grant funds. (1) Low-range States may use grant funds
awarded under this section for the following authorized programs:
(i) High visibility enforcement efforts;
(ii) Hiring a full-time or part-time impaired driving coordinator
of the State's activities to address the enforcement and adjudication
of laws regarding driving while impaired by alcohol;
(iii) Court support of high visibility enforcement efforts,
training and education of criminal justice professionals (including law
enforcement, prosecutors, judges, and probation officers) to assist
such professionals in handling impaired driving cases, hiring traffic
safety resource prosecutors, hiring judicial outreach liaisons, and
establishing driving while intoxicated courts;
(iv) Alcohol ignition interlock programs;
(v) Improving blood-alcohol concentration testing and reporting;
(vi) Paid and earned media in support of high visibility
enforcement of impaired driving laws, and conducting standardized field
sobriety training, advanced roadside impaired driving evaluation
training, and drug recognition expert training for law enforcement, and
equipment and related expenditures used in connection with impaired
driving enforcement;
(vii) Training on the use of alcohol screening and brief
intervention;
(viii) Developing impaired driving information systems; and
(ix) Costs associated with a 24-7 sobriety program.
(x) Programs designed to reduce impaired driving based on problem
identification.
(2) Mid-range States may use grant funds awarded under this section
for any of the authorized uses described in paragraph (i)(1) of this
section, provided that use of grant funds for programs described in
paragraph (i)(1)(x) of this section requires advance approval from
NHTSA.
(3) High-range States may use grant funds awarded under this
section for high visibility enforcement efforts and any of the
authorized uses described in paragraph (i)(1) of this section, provided
the proposed uses are described in a statewide impaired driving plan
submitted to and approved by NHTSA in accordance with paragraph (f)(2)
of this section and subject to the conditions in paragraph (j) of this
section.
(4) Ignition interlock States may use grant funds awarded under
this section for any of the authorized uses described under paragraph
(i)(1) of this section and for eligible activities under 23 U.S.C. 402.
(j) Special conditions for use of funds by high-range States. No
expenses incurred or vouchers submitted by a high-range State shall be
approved for reimbursement until such State submits for NHTSA review
and approval a statewide impaired driving plan as provided in paragraph
(f)(2) of this section. If a high-range State fails to timely provide
the statewide impaired driving plan required under paragraph (f)(2) of
this section, the agency will redistribute any grant funds in
accordance with Sec. 1200.20(e) to other qualifying States under this
section.
Sec. 1200.24 Distracted driving grants.
(a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(e), for awarding grants to States that enact and enforce
laws prohibiting distracted driving, beginning with fiscal year 2014
grants.
(b) Definitions. As used in this section--
Driving means operating a motor vehicle on a public road, including
operation while temporarily stationary because of traffic, a traffic
light or stop sign, or otherwise, but does not include operating a
motor vehicle when the vehicle has pulled over to the side of, or off,
an active roadway and has stopped in a location where it can safely
remain stationary.
Texting means reading from or manually entering data into a
personal wireless communications device, including doing so for the
purpose of SMS texting, emailing, instant messaging, or engaging in any
other form of electronic data retrieval or electronic data
communication.
(c) Qualification criteria. To qualify for a distracted driving
grant in a fiscal year, a State shall submit the assurances in Part 4
of Appendix D, signed by the Governor's Representative for Highway
Safety, providing legal citations to the State statute or statutes
demonstrating compliance with the following requirements:
(1) Prohibition on texting while driving. The statute shall--
(i) Prohibit drivers from texting through a personal wireless
communications device while driving;
(ii) Make a violation of the law a primary offense; and
(iii) Establish--
(A) A minimum fine of $25 for a first violation of the law; and
(B) Increased fines for repeat violations within five years of the
previous violation.
(2) Prohibition on youth cell phone use while driving. The statute
shall--
[[Page 5019]]
(i) Prohibit a driver who is younger than 18 years of age from
using a personal wireless communications device while driving;
(ii) Make a violation of the law a primary offense;
(iii) Require distracted driving issues to be tested as part of the
State's driver's license examination; and
(iv) Establish--
(A) A minimum fine of $25 for a first violation of the law; and
(B) Increased fines for repeat violations within five years of the
previous violation.
(3) Permitted exceptions. A State statute providing for the
following exceptions, and no others, shall not be deemed out of
compliance with the requirements of this section:
(i) A driver who uses a personal wireless communications device to
contact emergency services;
(ii) Emergency services personnel who use a personal wireless
communications device while operating an emergency services vehicle and
engaged in the performance of their duties as emergency services
personnel; and
(iii) An individual employed as a commercial motor vehicle driver
or a school bus driver who uses a personal wireless communications
device within the scope of such individual's employment if such use is
permitted under the regulations promulgated pursuant to 49 U.S.C.
31136.
(d) Use of grant funds. (1) At least 50 percent of the grant funds
awarded under this section shall be used to educate the public through
advertising containing information about the dangers of texting or
using a cell phone while driving, for traffic signs that notify drivers
about the distracted driving law of the State, or for law enforcement
costs related to the enforcement of the distracted driving law;
(2) Not more than 50 percent of the grant funds awarded under this
section may be used for any eligible project or activity under 23
U.S.C. 402.
Sec. 1200.25 Motorcyclist safety grants.
(a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(b), for awarding grants to States that adopt and
implement effective programs to reduce the number of single-vehicle and
multiple-vehicle crashes involving motorcyclists.
(b) Definitions. As used in this section--
Impaired means alcohol-impaired or drug-impaired as defined by
State law, provided that the State's legal alcohol-impairment level
does not exceed .08 BAC.
Motorcycle means a motor vehicle with motive power having a seat or
saddle for the use of the rider and designed to travel on not more than
three wheels in contact with the ground.
Motorcyclist awareness means individual or collective awareness of
the presence of motorcycles on or near roadways and of safe driving
practices that avoid injury to motorcyclists.
Motorcyclist awareness program means an informational or public
awareness or education program designed to enhance motorcyclist
awareness that is developed by or in coordination with the designated
State authority having jurisdiction over motorcyclist safety issues,
which may include the State motorcycle safety administrator or a
motorcycle advisory council appointed by the Governor of the State.
Motorcyclist safety training or Motorcycle rider training means a
formal program of instruction that is approved for use in a State by
the designated State authority having jurisdiction over motorcyclist
safety issues, which may include the State motorcycle safety
administrator or a motorcycle advisory council appointed by the
governor of the State.
State means any of the 50 States, the District of Columbia, and
Puerto Rico.
(c) Eligibility. The 50 States, the District of Columbia and Puerto
Rico are eligible to apply for a motorcyclist safety grant.
(d) Qualification criteria. To qualify for a motorcyclist safety
grant in a fiscal year, a State shall submit an executed Part 5 of
Appendix D, signed by the Governor's Representative for Highway Safety,
and submit documentation demonstrating compliance with at least two of
the criteria in paragraphs (e) through (j) of this section.
(e) Motorcycle rider training course. (1) To satisfy this
criterion, a State shall have an effective motorcycle rider training
course that is offered throughout the State and that provides a formal
program of instruction in accident avoidance and other safety-oriented
operational skills to motorcyclists. The program shall--
(i) Use a training curriculum that--
(A) Is approved by the designated State authority having
jurisdiction over motorcyclist safety issues;
(B) Includes a formal program of instruction in crash avoidance and
other safety-oriented operational skills for both in-class and on-the-
motorcycle training to motorcyclists; and
(C) May include innovative training opportunities to meet unique
regional needs;
(ii) Offer at least one motorcycle rider training course either--
(A) In a majority of the State's counties or political
subdivisions; or
(B) In counties or political subdivisions that account for a
majority of the State's registered motorcycles;
(iii) Use motorcycle rider training instructors to teach the
curriculum who are certified by the designated State authority having
jurisdiction over motorcyclist safety issues or by a nationally
recognized motorcycle safety organization with certification
capability; and
(iv) Use quality control procedures to assess motorcycle rider
training courses and instructor training courses conducted in the
State.
(2) To demonstrate compliance with this criterion, the State shall
submit--
(i) A copy of the official State document (e.g., law, regulation,
binding policy directive, letter from the Governor) identifying the
designated State authority over motorcyclist safety issues;
(ii) Document(s) demonstrating that the training curriculum is
approved by the designated State authority having jurisdiction over
motorcyclist safety issues and includes a formal program of instruction
in crash avoidance and other safety-oriented operational skills for
both in-class and on-the-motorcycle training to motorcyclists;
(iii) Either:
(A) A list of the counties or political subdivisions in the State,
noting in which counties or political subdivisions and when motorcycle
rider training courses were offered in the 12 months preceding the due
date of the grant application, if the State seeks to qualify under this
criterion by showing that it offers at least one motorcycle rider
training course in a majority of counties or political subdivisions in
the State; or
(B) A list of the counties or political subdivisions in the State,
noting in which counties or political subdivisions and when motorcycle
rider training courses were offered in the 12 months preceding the due
date of the grant application and the corresponding number of
registered motorcycles in each county or political subdivision
according to official State motor vehicle records, if the State seeks
to qualify under this criterion by showing that it offers at least one
motorcycle rider training course in counties or political subdivisions
that account for a majority of the State's registered motorcycles;
(iv) Document(s) demonstrating that the State uses motorcycle rider
training instructors to teach the curriculum who are certified by the
designated State authority having jurisdiction over
[[Page 5020]]
motorcyclist safety issues or by a nationally recognized motorcycle
safety organization with certification capability; and
(v) A brief description of the quality control procedures to assess
motorcycle rider training courses and instructor training courses used
in the State (e.g., conducting site visits, gathering student feedback)
and the actions taken to improve the courses based on the information
collected.
(f) Motorcyclist awareness program. (1) To satisfy this criterion,
a State shall have an effective statewide program to enhance motorist
awareness of the presence of motorcyclists on or near roadways and safe
driving practices that avoid injuries to motorcyclists. The program
shall--
(i) Be developed by, or in coordination with, the designated State
authority having jurisdiction over motorcyclist safety issues;
(ii) Use State data to identify and prioritize the State's
motorcyclist awareness problem areas;
(iii) Encourage collaboration among agencies and organizations
responsible for, or impacted by, motorcycle safety issues; and
(iv) Incorporate a strategic communications plan that--
(A) Supports the State's overall safety policy and countermeasure
program;
(B) Is designed, at a minimum, to educate motorists in those
jurisdictions where the incidence of motorcycle crashes is highest or
in those jurisdictions that account for a majority of the State's
registered motorcycles;
(C) Includes marketing and educational efforts to enhance
motorcyclist awareness; and
(D) Uses a mix of communication mechanisms to draw attention to the
problem.
(2) To demonstrate compliance with this criterion, the State shall
submit--
(i) A copy of the State document identifying the designated State
authority having jurisdiction over motorcyclist safety issues;
(ii) A letter from the Governor's Highway Safety Representative
stating that the State's motorcyclist awareness program was developed
by or in coordination with the designated State authority having
jurisdiction over motorcyclist safety issues;
(iii) Data used to identify and prioritize the State's motorcycle
safety problem areas, including either--
(A) A list of counties or political subdivisions in the State
ranked in order of the highest to lowest number of motorcycle crashes
per county or political subdivision, if the State seeks to qualify
under this criterion by showing that it identifies and prioritizes the
State's motorcycle safety problem areas based on motorcycle crashes.
Such data shall be from the most recent calendar year for which final
State crash data is available, but data no older than two calendar
years prior to the application due date (e.g., for a grant application
submitted on July 1, 2013, a State shall provide calendar year 2012
data, if available, and may not provide data older than calendar year
2011); or
(B) A list of counties or political subdivisions in the State and
the corresponding number of registered motorcycles for each county or
political subdivision according to official State motor vehicle
records, if the State seeks to qualify under this criterion by showing
that it identifies and prioritizes the State's motorcycle safety
problem areas based on motorcycle registrations;
(iv) A brief description of how the State has achieved
collaboration among agencies and organizations responsible for, or
impacted by, motorcycle safety issues; and
(v) A copy of the strategic communications plan showing that it--
(A) Supports the State's overall safety policy and countermeasure
program;
(B) Is designed to educate motorists in those jurisdictions where
the incidence of motorcycle crashes is highest (i.e., the majority of
counties or political subdivisions in the State with the highest
numbers of motorcycle crashes) or is designed to educate motorists in
those jurisdictions that account for a majority of the State's
registered motorcycles (i.e., the counties or political subdivisions
that account for a majority of the State's registered motorcycles as
evidenced by State motor vehicle records);
(C) Includes marketing and educational efforts to enhance
motorcyclist awareness; and
(D) Uses a mix of communication mechanisms to draw attention to the
problem (e.g., newspapers, billboard advertisements, email, posters,
flyers, mini-planners, or instructor-led training sessions).
(g) Reduction of fatalities and crashes involving motorcycles. (1)
To satisfy this criterion, a State shall demonstrate a reduction for
the preceding calendar year in the number of motorcyclist fatalities
and in the rate of motor vehicle crashes involving motorcycles in the
State (expressed as a function of 10,000 registered motorcycle
registrations), as computed by NHTSA. The State shall--
(i) Experience a reduction of at least one in the number of
motorcyclist fatalities for the most recent calendar year for which
final FARS data is available as compared to the final FARS data for the
calendar year immediately prior to that year; and
(ii) Based on State crash data expressed as a function of 10,000
motorcycle registrations (using FHWA motorcycle registration data),
experience at least a whole number reduction in the rate of crashes
involving motorcycles for the most recent calendar year for which final
State crash data is available, but data no older than two calendar
years prior to the application due date, as compared to the calendar
year immediately prior to that year.
(2) To demonstrate compliance with this criterion, the State shall
submit--
(i) State data showing the total number of motor vehicle crashes
involving motorcycles in the State for the most recent calendar year
for which final State crash data is available, but data no older than
two calendar years prior to the application due date and the same type
of data for the calendar year immediately prior to that year (e.g., for
a grant application submitted on July 1, 2013, the State shall submit
calendar year 2012 data and 2011 data, if both data are available, and
may not provide data older than calendar year 2011 and 2010, to
determine the rate); and
(ii) A description of the State's methods for collecting and
analyzing data submitted in paragraph (g)(2)(i) of this section,
including a description of the State's efforts to make reporting of
motor vehicle crashes involving motorcycles as complete as possible.
(h) Impaired driving program. (1) To satisfy this criterion, a
State shall implement a statewide program to reduce impaired driving,
including specific measures to reduce impaired motorcycle operation.
The program shall--
(i) Use State data to identify and prioritize the State's impaired
driving and impaired motorcycle operation problem areas; and
(ii) Include specific countermeasures to reduce impaired motorcycle
operation with strategies designed to reach motorcyclists and motorists
in those jurisdictions where the incidence of motorcycle crashes
involving an impaired operator is highest.
(2) To demonstrate compliance with this criterion, the State shall
submit--
(i) State data used to identify and prioritize the State's impaired
driving and impaired motorcycle operation problem areas, including a
list of counties or political subdivisions in the State ranked in order
of the highest to lowest number of motorcycle crashes involving an
impaired operator per county or political subdivision. Such data shall
be from the most recent
[[Page 5021]]
calendar year for which final State crash data is available, but data
no older than two calendar years prior to the application due date
(e.g., for a grant application submitted on July 1, 2013, a State shall
provide calendar year 2012 data, if available, and may not provide data
older than calendar year 2011);
(ii) A detailed description of the State's impaired driving program
as implemented, including a description of each countermeasure
established and proposed by the State to reduce impaired motorcycle
operation, the amount of funds allotted or proposed for each
countermeasure and a description of its specific strategies that are
designed to reach motorcyclists and motorists in those jurisdictions
where the incidence of motorcycle crashes involving an impaired
operator is highest (i.e., the majority of counties or political
subdivisions in the State with the highest numbers of motorcycle
crashes involving an impaired operator); and
(iii) The legal citation(s) to the State statute or regulation
defining impairment. (A State is not eligible for a grant under this
criterion if its legal alcohol-impairment level exceeds .08 BAC.)
(i) Reduction of fatalities and accidents involving impaired
motorcyclists. (1) To satisfy this criterion, a State shall demonstrate
a reduction for the preceding calendar year in the number of fatalities
and in the rate of reported crashes involving alcohol-impaired and
drug-impaired motorcycle operators (expressed as a function of 10,000
motorcycle registrations), as computed by NHTSA. The State shall--
(i) Experience a reduction of at least one in the number of
fatalities involving alcohol-and drug-impaired motorcycle operators for
the most recent calendar year for which final FARS data is available as
compared to the final FARS data for the calendar year immediately prior
to that year; and
(ii) Based on State crash data expressed as a function of 10,000
motorcycle registrations (using FHWA motorcycle registration data),
experience at least a whole number reduction in the rate of reported
crashes involving alcohol-and drug-impaired motorcycle operators for
the most recent calendar year for which final State crash data is
available, but data no older than two calendar years prior to the
application due date, as compared to the calendar year immediately
prior to that year.
(2) To demonstrate compliance with this criterion, the State shall
submit--
(i) State data showing the total number of reported crashes
involving alcohol- and drug-impaired motorcycle operators in the State
for the most recent calendar year for which final State crash data is
available, but data no older than two calendar years prior to the
application due date and the same type of data for the calendar year
immediately prior to that year (e.g., for a grant application submitted
on July 1, 2013, the State shall submit calendar year 2012 and 2011
data, if both data are available, and may not provide data older than
calendar year 2011 and 2010, to determine the rate); and
(ii) A description of the State's methods for collecting and
analyzing data submitted in paragraph (i)(2)(i) of this section,
including a description of the State's efforts to make reporting of
crashes involving alcohol-impaired and drug-impaired motorcycle
operators as complete as possible; and
(iii) The legal citation(s) to the State statute or regulation
defining alcohol-impaired and drug-impairment. (A State is not eligible
for a grant under this criterion if its legal alcohol-impairment level
exceeds .08 BAC.)
(j) Use of fees collected from motorcyclists for motorcycle
programs. (1) To satisfy this criterion, a State shall have a process
under which all fees collected by the State from motorcyclists for the
purposes of funding motorcycle training and safety programs are used
for motorcycle training and safety programs. A State may qualify under
this criterion as either a Law State or a Data State.
(i) A Law State is a State that has a statute or regulation
requiring that all fees collected by the State from motorcyclists for
the purposes of funding motorcycle training and safety programs are to
be used for motorcycle training and safety programs.
(ii) A Data State is a State that does not have a statute or
regulation requiring that all fees collected by the State from
motorcyclists for the purposes of funding motorcycle training and
safety programs are to be used for motorcycle training and safety
programs but can show through data and/or documentation from official
records that all fees collected by the State from motorcyclists for the
purposes of funding motorcycle training and safety programs were, in
fact, used for motorcycle training and safety programs, without
diversion.
(2)(i) To demonstrate compliance as a Law State, the State shall
submit the legal citation(s) to the statute or regulation requiring
that all fees collected by the State from motorcyclists for the
purposes of funding motorcycle training and safety programs are to be
used for motorcycle training and safety programs and the legal
citation(s) to the State's current fiscal year appropriation (or
preceding fiscal year appropriation, if the State has not enacted a law
at the time of the State's application) appropriating all such fees to
motorcycle training and safety programs.
(ii) To demonstrate compliance as a Data State, a State shall
submit data or documentation from official records from the previous
State fiscal year showing that all fees collected by the State from
motorcyclists for the purposes of funding motorcycle training and
safety programs were, in fact, used for motorcycle training and safety
programs. Such data or documentation shall show that revenues collected
for the purposes of funding motorcycle training and safety programs
were placed into a distinct account and expended only for motorcycle
training and safety programs.
(k) Award limitation. A grant awarded under the procedures
described in Sec. 1200.20(e)(1) may not exceed the amount of a grant
made to State for fiscal year 2003 under 23 U.S.C. 402.
(l) Use of grant funds. (1) Eligible uses. A State may use grant
funds awarded under this section for motorcyclist safety training and
motorcyclist awareness programs, including--
(i) Improvements to motorcyclist safety training curricula;
(ii) Improvements in program delivery of motorcycle training to
both urban and rural areas, including--
(A) Procurement or repair of practice motorcycles;
(B) Instructional materials;
(C) Mobile training units; and
(D) Leasing or purchasing facilities for closed-course motorcycle
skill training;
(iii) Measures designed to increase the recruitment or retention of
motorcyclist safety training instructors; and
(iv) Public awareness, public service announcements, and other
outreach programs to enhance driver awareness of motorcyclists, such as
the ``share-the-road'' safety messages developed using Share-the-Road
model language available on NHTSA's Web site at http://www.trafficsafetymarketing.gov.
(2) Suballocation of funds. A State that receives a grant under
this section may suballocate funds from the grant to a nonprofit
organization incorporated in that State to carry out grant activities
under this section.
Sec. 1200.26 State graduated driver licensing incentive grants.
(a) Purpose. This section establishes criteria, in accordance with
23 U.S.C.
[[Page 5022]]
405(g), for awarding grants to States that adopt and implement
graduated driver's licensing laws that require novice drivers younger
than 21 years of age to comply with a 2-stage licensing process prior
to receiving a full driver's license.
(b) Definitions. As used in this section--
Conviction-free means that, during the term of the permit or
license covered by the program, the driver has not been convicted of
any offense under State or local law relating to the use or operation
of a motor vehicle, including but not limited to driving while
intoxicated, reckless driving, driving without wearing a seat belt,
speeding, prohibited use of a personal wireless communications device,
and violation of the driving-related restrictions applicable to the
stages of the graduated driver's licensing process set forth in
paragraph (c) of this section, as well as misrepresentation of a
driver's true age.
Driving, for purposes of paragraph (c)(2)(iii) of this section,
means operating a motor vehicle on a public road, including operation
while temporarily stationary because of traffic, a traffic light or
stop sign, or otherwise, but does not include operating a motor vehicle
when the vehicle has pulled over to the side of, or off, an active
roadway and has stopped in a location where it can safely remain
stationary.
Full driver's license means a license to operate a passenger motor
vehicle on public roads at all times.
Licensed driver means a driver who possesses a valid full driver's
license.
Novice driver means a driver who has not been issued by a State an
intermediate license or full driver's license.
(c) Qualification criteria. (1) General. To qualify for a grant
under this section, a State shall submit the assurances in Part 6 of
Appendix D, signed by the Governor's Representative for Highway Safety,
providing legal citations to the State statute or statutes
demonstrating compliance with the requirements of paragraph (c)(2) of
this section, and provide legal citation(s) to the statute or
regulation or provide documentation demonstrating compliance with the
requirements of paragraph (c)(3) of this section.
(2) Graduated driver's licensing law. A State's graduated driver's
licensing law shall include a learner's permit stage and an
intermediate stage meeting the following minimum requirements:
(i) The learner's permit stage shall--
(A) Apply to any novice driver who is younger than 21 years of age
prior to the receipt by such driver from the State of any other permit
or license to operate a motor vehicle;
(B) Commence only after an applicant for a leaner's permit passes
vision and knowledge tests, including tests about the rules of the
road, signs, and signals;
(C) Subject to paragraph (c)(2)(iii)(B), be in effect for a period
of at least six months, but may not expire until the driver reaches at
least 16 years of age; and
(D) Require the learner's permit holder to--
(1) Be accompanied and supervised by a licensed driver who is at
least 21 years of age at all times while the learner's permit holder is
operating a motor vehicle;
(2) Receive not less than 40 hours of behind-the-wheel training
with a licensed driver who is at least 21 years of age;
(3) Complete a driver education or training course that has been
certified by the State; and
(4) Pass a driving skills test prior to entering the intermediate
stage or being issued another permit, license or endorsement.
(ii) The intermediate stage shall--
(A) Apply to any driver who has completed the learner's permit
stage and who is younger than 18 years of age;
(B) Commence immediately after the expiration of the learner's
permit stage;
(C) Subject to paragraph (c)(2)(iii)(B), be in effect for a period
of at least six months, but may not expire until the driver reaches at
least 18 years of age;
(D) Require the intermediate license holder to be accompanied and
supervised by a licensed driver who is at least 21 years of age during
the period of time between the hours of 10:00 p.m. and 5:00 a.m.,
except in case of emergency; and
(E) Prohibit the intermediate license holder from operating a motor
vehicle with more than one nonfamilial passenger younger than 21 years
of age unless a licensed driver who is at least 21 years of age is in
the motor vehicle.
(iii) During both the learner's permit and intermediate stages, the
State shall--
(A) Impose a prohibition enforced as a primary offense on use of a
cellular telephone or any communications device by the driver while
driving, except in case of emergency; and
(B) Require that the driver who possesses a learner's permit or
intermediate license remain conviction-free for a period of not less
than six consecutive months immediately prior to the expiration of that
stage.
(3) Requirement for license distinguishability. The State learner's
permit, intermediate license, and full driver's license shall be
distinguishable from each other. A State may satisfy this requirement
by submitting--
(i) Legal citations to the State statute or regulation requiring
that the State learner's permit, intermediate license, and full
driver's license be visually distinguishable:
(ii) Sample permits and licenses that contain visual features that
would enable a law enforcement officer to distinguish between the State
learner's permit, intermediate license, and full driver's license; or
(iii) A description of the State's system that enables law
enforcement officers in the State during traffic stops to distinguish
between the State learner's permit, intermediate license, and full
driver's license.
(4) Exceptions. A State that otherwise meets the minimum
requirements set forth in paragraph (c)(2) of this section will not be
deemed ineligible for a grant under this section if--
(i) The State enacted a law prior to January 1, 2011, establishing
a class of permit or license that allows drivers younger than 18 years
of age to operate a motor vehicle--
(A) In connection with work performed on, or for the operation of,
a farm owned by family members who are directly related to the
applicant or licensee; or
(B) If demonstrable hardship would result from the denial of a
license to the licensees or applicants, provided that the State
requires the applicant or licensee to affirmatively and adequately
demonstrate unique undue hardship to the individual; and
(ii) Drivers who possess only the permit or license permitted under
paragraph (c)(4)(i) of this section are treated as novice drivers
subject to the graduated driver's licensing requirements of paragraph
(c)(2) of this section as a pre-condition of receiving any other
permit, license or endorsement.
(d) Award. (1) Grant Amount. Subject to paragraph (d)(2) of this
section, grant funds for a fiscal year under this section shall be
allocated among States that meet the qualification criteria on the
basis of the apportionment formula under 23 U.S.C. 402 for that fiscal
year.
(2) Limitation. Amount of grant award to a State under this section
may not exceed 10 percent of the total amount made available for
Section 405(g) for that fiscal year.
(e) Use of grant funds. A State may use grant funds awarded under
this section as follows:
(1) At least 25 percent of the grant funds shall be used, in
connection with the State's graduated driver's licensing law that
complies with the minimum requirements set forth in paragraph (c) of
this section, to:
[[Page 5023]]
(i) Enforce the graduated driver's licensing process;
(ii) Provide training for law enforcement personnel and other
relevant State agency personnel relating to the enforcement of the
graduated driver's licensing process;
(iii) Publish relevant educational materials that pertain directly
or indirectly to the State graduated driver's licensing law;
(iv) Carry out administrative activities to implement the State's
graduated driver's licensing process; or
(v) Carry out a teen traffic safety program described in 23 U.S.C.
402(m);
(2) No more than 75 percent may be used for any eligible project or
activity under 23 U.S.C. 402.
Subpart D--Administration of the Highway Safety Grants
Sec. 1200.30 General.
Subject to the provisions of this subpart, the requirements of 49
CFR part 18 and applicable cost principles govern the implementation
and management of State highway safety programs and projects carried
out under 23 U.S.C. Chapter 4. Cost principles include those referenced
in 49 CFR 18.22.
Sec. 1200.31 Equipment.
(a) Title. Except as provided in paragraphs (e) and (f) of this
section, title to equipment acquired under 23 U.S.C. Chapter 4 will
vest upon acquisition in the State or its subgrantee, as appropriate.
(b) Use. All equipment shall be used for the originally authorized
grant purposes for as long as needed for those purposes, as determined
by the Approving Official, and neither the State nor any of its
subgrantees or contractors shall encumber the title or interest while
such need exists.
(c) Management and disposition. Subject to the requirement of
paragraphs (b), (d), (e) and (f) of this section, States and their
subgrantees and contractors shall manage and dispose of equipment
acquired under 23 U.S.C. Chapter 4 in accordance with State laws and
procedures.
(d) Major purchases and dispositions. Equipment with a useful life
of more than one year and an acquisition cost of $5,000 or more shall
be subject to the following requirements--
(1) Purchases shall receive prior written approval from the
Approving Official;
(2) Dispositions shall receive prior written approval from the
Approving Official unless the age of the equipment has exceeded its
useful life as determined under State law and procedures.
(e) Right to transfer title. The Approving Official may reserve the
right to transfer title to equipment acquired under 23 U.S.C. Chapter 4
to the Federal Government or to a third party when such third party is
eligible under Federal statute. Any such transfer shall be subject to
the following requirements:
(1) The equipment shall be identified in the grant or otherwise
made known to the State in writing;
(2) The Approving Official shall issue disposition instructions
within 120 calendar days after the equipment is determined to be no
longer needed for highway safety purposes, in the absence of which the
State shall follow the applicable procedures in 49 CFR part 18.
(f) Federally-owned equipment. In the event a State or its
subgrantee is provided Federally-owned equipment:
(1) Title shall remain vested in the Federal Government;
(2) Management shall be in accordance with Federal rules and
procedures, and an annual inventory listing shall be submitted;
(3) The State or its subgrantee shall request disposition
instructions from the Approving Official when the item is no longer
needed for highway safety purposes.
Sec. 1200.32 Changes--Approval of the Approving Official.
States shall provide documentary evidence of any reallocation of
funds between program areas by submitting to the NHTSA regional office
an amended HS Form 217, reflecting the changed allocation of funds and
updated list of projects under each program area, as provided in Sec.
1200.11(e), within 30 days of implementing the change. The amended HS
Form 217 and list of projects is subject to the approval of the
Approving Official.
Sec. 1200.33 Vouchers and Project Agreements.
(a) General. Each State shall submit official vouchers for expenses
incurred to the Approving Official.
(b) Content of vouchers. At a minimum, each voucher shall provide
the following information for expenses claimed in each program area:
(1) Program Area for which expenses were incurred and an
itemization of project numbers and amount of Federal funds expended for
each project for which reimbursement is being sought;
(2) Federal funds obligated;
(3) Amount of Federal funds allocated to local benefit (provided no
less than mid-year (by March 31) and with the final voucher);
(4) Cumulative Total Cost to Date;
(5) Cumulative Federal Funds Expended;
(6) Previous Amount Claimed;
(7) Amount Claimed this Period;
(8) Matching rate (or special matching writeoff used, i.e., sliding
scale rate authorized under 23 U.S.C. 120).
(c) Project agreements. Copies of each project agreement for which
expenses are being claimed under the voucher (and supporting
documentation for the vouchers) shall be made promptly available for
review by the Approving Official upon request. Each project agreement
shall bear the project number to allow the Approving Official to match
the voucher to the corresponding activity.
(d) Submission requirements. At a minimum, vouchers shall be
submitted to the Approving Official on a quarterly basis, no later than
15 working days after the end of each quarter, except that where a
State receives funds by electronic transfer at an annualized rate of
one million dollars or more, vouchers shall be submitted on a monthly
basis, no later than 15 working days after the end of each month. A
final voucher shall be submitted to the Approving Official no later
than 90 days after the end of the fiscal year, and all unexpended
balances shall be carried forward to the current fiscal year.
(e) Reimbursement. (1) Failure to provide the information specified
in paragraph (b) of this section shall result in rejection of the
voucher.
(2) Failure to meet the deadlines specified in paragraph (d) of
this section may result in delayed reimbursement.
(3) Vouchers that request reimbursement for projects whose project
numbers or amounts claimed do not match the list of projects or exceed
the estimated amount of Federal funds provided under Sec. 1200.11(e),
or exceed the allocation of funds to a program area in the HS Form 217,
shall be rejected, in whole or in part, until an amended list of
projects and/or estimated amount of Federal funds and an amended HS
Form 217 is submitted to and approved by the Approving Official in
accordance with Sec. 1200.32.
Sec. 1200.34 Program Income.
(a) Definition. Program income means gross income received by the
grantee or subgrantee directly generated by a program supported
activity, or earned only as a result of the grant agreement during the
period of time between the effective date of the grant award and the
expiration date of the grant award.
(b) Inclusions. Program income includes income from fees for
services performed, from the use or rental of real
[[Page 5024]]
or personal property acquired with grant funds, from the sale of
commodities or items fabricated under the grant agreement, and from
payments of principal and interest on loans made with grant funds.
(c) Exclusions. Program income does not include interest on grant
funds, rebates, credits, discounts, refunds, taxes, special
assessments, levies, fines, proceeds from the sale of real property or
equipment, income from royalties and license fees for copyrighted
material, patents, and inventions, or interest on any of these.
(d) Use of program income. (1) Addition. Program income shall
ordinarily be added to the funds committed to the Highway Safety Plan.
Such program income shall be used to further the objectives of the
program area under which it was generated.
(2) Cost sharing or matching. Program income may be used to meet
cost sharing or matching requirements only upon written approval of the
Approving Official. Such use shall not increase the commitment of
Federal funds.
Sec. 1200.35 Annual Report.
Within 90 days after the end of the fiscal year, each State shall
submit an Annual Report describing--
(a) A general assessment of the State's progress in achieving
highway safety performance measure targets identified in the Highway
Safety Plan;
(b) A general description of the projects and activities funded and
implemented under the Highway Safety Plan;
(c) The amount of Federal funds expended on projects from the
Highway Safety Plan; and
(d) How the projects funded during the fiscal year contributed to
meeting the State's highway safety targets. Where data becomes
available, a State should report progress from prior year projects that
have contributed to meeting current State highway safety targets.
Sec. 1200.36 Appeals of Written Decision by Approving Official.
Review of any written decision regarding the administration of the
grants by an Approving Official under this subpart may be obtained by
submitting a written appeal of such decision, signed by the Governor's
Representative for Highway Safety, to the Approving Official. Such
appeal shall be forwarded promptly to the NHTSA Associate
Administrator, Regional Operations and Program Delivery. The decision
of the NHTSA Associate Administrator shall be final and shall be
transmitted to the Governor's Representative for Highway Safety through
the cognizant Approving Official.
Subpart E--Annual Reconciliation
Sec. 1200.40 Expiration of the Highway Safety Plan.
(a) The State's Highway Safety Plan for a fiscal year and the
State's authority to incur costs under that Highway Safety Plan shall
expire on the last day of the fiscal year.
(b) Except as provided in paragraph (c) of this section, each State
shall submit a final voucher which satisfies the requirements of Sec.
1200.33 within 90 days after the expiration of the State's Highway
Safety Plan as provided in paragraph (a) of this section. The final
voucher constitutes the final financial reconciliation for each fiscal
year.
(c) The Approving Official may extend the time period to submit a
final voucher only in extraordinary circumstances. States shall submit
a written request for an extension describing the extraordinary
circumstances that necessitate an extension. The approval of any such
request for extension shall be in writing, shall specify the new
deadline for submitting the final voucher, and shall be signed by the
Approving Official.
Sec. 1200.41 Disposition of Unexpended Balances.
(a) Carry-forward balances. Except as provided in paragraph (b) of
this section, grant funds that remain unexpended at the end of a fiscal
year and the expiration of a Highway Safety Plan shall be credited to
the State's highway safety account for the new fiscal year, and made
immediately available for use by the State, provided the following
requirements are met:
(1) The State's new Highway Safety Plan has been approved by the
Approving Official pursuant to Sec. 1200.14 of this part;
(2) The State has identified Section 402 carry-forward funds by the
program area from which they are removed and identified by program area
the manner in which the carry-forward funds will be used under the new
Highway Safety Plan.
(3) The State has identified Section 405 carry-forward funds by the
national priority safety program under which they were awarded (i.e.,
occupant protection, state traffic safety information system
improvements, impaired driving, ignition interlock, distracted driving,
motorcyclist safety or graduated driver licensing). These funds shall
not be used for any other program.
(4) The State has submitted for approval an updated HS Form 217 for
funds identified in paragraph (a)(2) or (a)(3) of this section.
Reimbursement of costs is contingent upon the approval of updated
Highway Safety Plan and HS Form 217.
(5) Funds carried forward from grant programs rescinded by MAP-21
shall be separately identified and shall be subject to the statutory
and regulatory requirements that were in force at the time of award.
(b) Deobligation of funds. (1) Except as provided in paragraph
(b)(2) of this section, unexpended grant funds shall not be available
for expenditure beyond the period of three years after the last day of
the fiscal year of apportionment or allocation.
(2) NHTSA shall notify States of any such unexpended grant funds no
later than 180 days prior to the end of the period of availability
specified in paragraph (b)(1) of this section and inform States of the
deadline for commitment. States may commit such unexpended grant funds
to a specific project by the specified deadline, and shall provide
documentary evidence of that commitment, including a copy of an
executed project agreement, to the Approving Official.
(3) Grant funds committed to a specific project in accordance with
paragraph (b)(2) of this section shall remain committed to that project
and be expended by the end of the succeeding fiscal year. The final
voucher for that project shall be submitted within 90 days of the end
of that fiscal year.
(4) NHTSA shall deobligate unexpended balances at the end of the
time period in paragraph (b)(1) or (b)(3) of this section, whichever is
applicable, and the funds shall lapse.
Sec. 1200.42 Post-Grant Adjustments.
The expiration of a Highway Safety Plan does not affect the ability
of NHTSA to disallow costs and recover funds on the basis of a later
audit or other review or the State's obligation to return any funds due
as a result of later refunds, corrections, or other transactions.
Sec. 1200.43 Continuing Requirements.
Notwithstanding the expiration of a Highway Safety Plan, the
provisions for post-award requirements in 49 CFR part 18, including but
not limited to equipment and audit, continue to apply to the grant
funds authorized under 23 U.S.C. Chapter 4.
Subpart F--Non-Compliance
Sec. 1200.50 General.
Where a State is found to be in non-compliance with the
requirements of the
[[Page 5025]]
grant programs authorized under 23 U.S.C. Chapter 4 or with applicable
law, the special conditions for high-risk grantees and the enforcement
procedures of 49 CFR part 18, the sanctions procedures in Sec.
1200.51, and any other sanctions or remedies permitted under Federal
law may be applied as appropriate.
Sec. 1200.51 Sanctions--Reduction of Apportionment.
(a) Determination of sanctions. (1) The Administrator shall not
apportion any funds under 23 U.S.C. 402 to any State which is not
implementing an approved highway safety program.
(2) If the Administrator has apportioned funds to a State and
subsequently determines that the State is not implementing an approved
highway safety program, the Administrator shall reduce the funds
apportioned under 23 U.S.C. 402 to the State by amounts equal to not
less than 20 percent, until such time as the Administrator determines
that the State is implementing an approved highway safety program.
(3) The Administrator shall consider the gravity of the State's
failure to implement an approved highway safety program in determining
the amount of the reduction.
(4) If the Administrator determines that a State has begun
implementing an approved highway safety program not later than July 31
of the fiscal year for which the funds were withheld, the Administrator
shall promptly apportion to the State the funds withheld from its
apportionment.
(5) If the Administrator determines that the State did not correct
its failure by July 31 of the fiscal year for which the funds were
withheld, the Administrator shall reapportion the withheld funds to the
other States, in accordance with the formula specified in 23 U.S.C.
402(c), not later than the last day of the fiscal year.
(b) Reconsideration of sanctions determination. (1) In any fiscal
year, if the Administrator determines that a State is not implementing
an approved highway safety program in accordance with 23 U.S.C. 402 and
other applicable Federal law, the Administrator shall issue to the
State an advance notice, advising the State that the Administrator
expects to either withhold funds from apportionment under 23 U.S.C.
402, or reduce the State's apportioned funds under 23 U.S.C. 402. The
Administrator shall state the amount of the expected withholding or
reduction. The advance notice will normally be sent not later than 60
days prior to final apportionment.
(2) If the Administrator issues an advance notice to a State, under
paragraph (b)(1) of this section, the State may, within 30 days of its
receipt of the advance notice, submit documentation demonstrating that
it is implementing an approved highway safety program. Documentation
shall be submitted to the NHTSA Administrator, 1200 New Jersey Avenue
SE., Washington, DC 20590.
(3) If the Administrator decides, after reviewing all relevant
information submitted, that the State is not implementing an approved
highway safety program in accordance with 23 U.S.C. 402, the
Administrator shall issue a final notice, advising the State either of
the funds being withheld from apportionment under 23 U.S.C. 402, or of
the amount of funds reduced from the apportionment under 23 U.S.C. 402.
The final notice will normally be issued no later than September 30.
The final notice of a reduction will be issued at the time of a final
decision.
Subpart G--Special Provisions for Fiscal Year 2013 Highway Safety
Grants and Highway Safety Grants Under Prior Authorizations
Sec. 1200.60 Fiscal Year 2013 Section 402 Grants.
Highway safety grants apportioned under 23 U.S.C. 402 for fiscal
year 2013 shall be governed by the applicable implementing regulations
at the time of grant award.
Sec. 1200.61 Fiscal Year 2013 Section 405 Grants.
(a) For fiscal year 2013 grants authorized under 23 U.S.C. 405(b),
(c), (d), (f) and (g), a State shall submit electronically its
application as provided in Sec. 1200.11(h) to NHTSAGrants@dot.gov no
later than March 25, 2013.
(b) If a State's application contains incomplete information, NHTSA
may request additional information from the State prior to making a
determination of award for each component of the Section 405 grant
program. Failure to respond promptly for request of additional
information may result in a State's disqualification from one or more
Section 405 grants for fiscal year 2013.
(c) After reviewing applications and making award determinations,
NHTSA shall, in writing, distribute funds available for obligation
under Section 405 to qualifying States and specify any conditions or
limitations imposed by law on the use of the funds.
(d) Grant awards are subject to the availability of funds. If there
are insufficient funds to award full grant amounts to qualifying
States, NHTSA may release interim amounts and release the remainder, up
to the State's proportionate share of available funds, when it becomes
available in the fiscal year.
(e) The administration, reconciliation and noncompliance provisions
of subparts D through F of this part apply to fiscal year 2013 grants
awarded to qualifying States.
Sec. 1200.62 Pre-2013 Fiscal Year Grants.
Highway safety grants rescinded by MAP-21 are governed by the
applicable implementing regulations at the time of grant award.
APPENDIX A TO PART 1200--CERTIFICATION AND ASSURANCES FOR HIGHWAY
SAFETY GRANTS (23 U.S.C. CHAPTER 4)
State:-----------------------------------------------------------------
Fiscal Year:--------
Each fiscal year the State must sign these Certifications and
Assurances that it complies with all requirements including
applicable Federal statutes and regulations that are in effect
during the grant period. (Requirements that also apply to
subrecipients are noted under the applicable caption.)
In my capacity as the Governor's Representative for Highway
Safety, I hereby provide the following certifications and
assurances:
GENERAL REQUIREMENTS
To the best of my personal knowledge, the information submitted
in the Highway Safety Plan in support of the State's application for
Section 402 and Section 405 grants is accurate and complete.
(Incomplete or incorrect information may result in the disapproval
of the Highway Safety Plan.)
The Governor is the responsible official for the administration
of the State highway safety program through a State highway safety
agency that has adequate powers and is suitably equipped and
organized (as evidenced by appropriate oversight procedures
governing such areas as procurement, financial administration, and
the use, management, and disposition of equipment) to carry out the
program. (23 U.S.C. 402(b)(1)(A))
The State will comply with applicable statutes and regulations,
including but not limited to:
23 U.S.C. Chapter 4--Highway Safety Act of 1966, as
amended
49 CFR Part 18--Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments
23 CFR Part 1200--Uniform Procedures for State Highway
Safety Grant Programs
The State has submitted appropriate documentation for review to
the single point of contact designated by the Governor to review
Federal programs, as required by Executive Order 12372
(Intergovernmental Review of Federal Programs).
[[Page 5026]]
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
The State will comply with FFATA guidance, OMB Guidance on FFATA
Subward and Executive Compensation Reporting, August 27, 2010,
(https://www.fsrs.gov/documents/OMB_Guidance_on_FFATA_Subaward_and_Executive_Compensation_Reporting_08272010.pdf) by reporting
to FSRS.gov for each sub-grant awarded:
Name of the entity receiving the award;
Amount of the award;
Information on the award including transaction type,
funding agency, the North American Industry Classification System
code or Catalog of Federal Domestic Assistance number (where
applicable), program source;
Location of the entity receiving the award and the
primary location of performance under the award, including the city,
State, congressional district, and country; and an award title
descriptive of the purpose of each funding action;
A unique identifier (DUNS);
The names and total compensation of the five most
highly compensated officers of the entity if:
(i) the entity in the preceding fiscal year received--
(I) 80 percent or more of its annual gross revenues in Federal
awards;
(II) $25,000,000 or more in annual gross revenues from Federal
awards; and
(ii) the public does not have access to information about the
compensation of the senior executives of the entity through periodic
reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of
the Internal Revenue Code of 1986;
Other relevant information specified by OMB guidance.
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency will comply with all Federal
statutes and implementing regulations relating to nondiscrimination.
These include but are not limited to: (a) Title VI of the Civil
Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination
on the basis of race, color or national origin (and 49 CFR Part 21);
(b) Title IX of the Education Amendments of 1972, as amended (20
U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973,
as amended (29 U.S.C. 794), and the Americans with Disabilities Act
of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.),
which prohibits discrimination on the basis of disabilities (and 49
CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42
U.S.C. 6101-6107), which prohibits discrimination on the basis of
age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100-259),
which requires Federal-aid recipients and all subrecipients to
prevent discrimination and ensure nondiscrimination in all of their
programs and activities; (f) the Drug Abuse Office and Treatment Act
of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(Pub. L. 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of
the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3
and 290ee-3), relating to confidentiality of alcohol and drug abuse
patient records; (i) Title VIII of the Civil Rights Act of 1968, as
amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in
the sale, rental or financing of housing; (j) any other
nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and (k) the
requirements of any other nondiscrimination statute(s) which may
apply to the application.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The State will provide a drug-free workplace by:
Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession or use of
a controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
Establishing a drug-free awareness program to inform
employees about:
[cir] The dangers of drug abuse in the workplace.
[cir] The grantee's policy of maintaining a drug-free workplace.
[cir] Any available drug counseling, rehabilitation, and
employee assistance programs.
[cir] The penalties that may be imposed upon employees for drug
violations occurring in the workplace.
[cir] Making it a requirement that each employee engaged in the
performance of the grant be given a copy of the statement required
by paragraph (a).
Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the grant,
the employee will--
[cir] Abide by the terms of the statement.
[cir] Notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no later than
five days after such conviction.
Notifying the agency within ten days after receiving
notice under subparagraph (d)(2) from an employee or otherwise
receiving actual notice of such conviction.
Taking one of the following actions, within 30 days of
receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted--
[cir] Taking appropriate personnel action against such an
employee, up to and including termination.
[cir] Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency.
Making a good faith effort to continue to maintain a
drug-free workplace through implementation of all of the paragraphs
above.
BUY AMERICA ACT
(applies to subrecipients as well as States)
The State will comply with the provisions of the Buy America Act
(49 U.S.C. 5323(j)), which contains the following requirements:
Only steel, iron and manufactured products produced in the
United States may be purchased with Federal funds unless the
Secretary of Transportation determines that such domestic purchases
would be inconsistent with the public interest, that such materials
are not reasonably available and of a satisfactory quality, or that
inclusion of domestic materials will increase the cost of the
overall project contract by more than 25 percent. Clear
justification for the purchase of non-domestic items must be in the
form of a waiver request submitted to and approved by the Secretary
of Transportation.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C.
1501-1508) which limits the political activities of employees whose
principal employment activities are funded in whole or in part with
Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative
Agreements
The undersigned certifies, to the best of his or her knowledge
and belief, that:
1. No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in
accordance with its instructions.
3. The undersigned shall require that the language of this
certification be included in the award documents for all sub-award
at all tiers (including subcontracts, subgrants, and contracts under
grant, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon
which reliance
[[Page 5027]]
was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any
activity specifically designed to urge or influence a State or local
legislator to favor or oppose the adoption of any specific
legislative proposal pending before any State or local legislative
body. Such activities include both direct and indirect (e.g.,
``grassroots'') lobbying activities, with one exception. This does
not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local
legislative officials, in accordance with customary State practice,
even if such communications urge legislative officials to favor or
oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
Instructions for Primary Certification
1. By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
2. The inability of a person to provide the certification
required below will not necessarily result in denial of
participation in this covered transaction. The prospective
participant shall submit an explanation of why it cannot provide the
certification set out below. The certification or explanation will
be considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such person from
participation in this transaction.
3. The certification in this clause is a material representation
of fact upon which reliance was placed when the department or agency
determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency may terminate this
transaction for cause or default.
4. The prospective primary participant shall provide immediate
written notice to the department or agency to which this proposal is
submitted if at any time the prospective primary participant learns
its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
5. The terms covered transaction, debarred, suspended,
ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily
excluded, as used in this clause, have the meaning set out in the
Definitions and coverage sections of 49 CFR Part 29. You may contact
the department or agency to which this proposal is being submitted
for assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR
Part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this
transaction.
7. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled
``Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction,'' provided by
the department or agency entering into this covered transaction,
without modification, in all lower tier covered transactions and in
all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under 48 CFR Part
9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the list of
Parties Excluded from Federal Procurement and Non-procurement
Programs.
9. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary
course of business dealings.
10. Except for transactions authorized under paragraph 6 of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person
who is proposed for debarment under 48 CFR Part 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency may
terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters-Primary Covered Transactions
(1) The prospective primary participant certifies to the best of
its knowledge and belief, that its principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded by any
Federal department or agency;
(b) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction
of record, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or Local)
with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
(d) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal,
State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to
certify to any of the Statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
Instructions for Lower Tier Certification
1. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
2. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended,
ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily
excluded, as used in this clause, have the meanings set out in the
Definition and Coverage sections of 49 CFR Part 29. You may contact
the person to whom this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment
under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency
with which this transaction originated.
6. The prospective lower tier participant further agrees by
submitting this proposal that it will include the clause titled
[[Page 5028]]
``Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transaction,'' without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions. (See below)
7. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under 48 CFR Part
9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the List of
Parties Excluded from Federal Procurement and Non-procurement
Programs.
8. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended,
debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the
Federal government, the department or agency with which this
transaction originated may pursue available remedies, including
suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt
Use in the United States, dated April 16, 1997, the Grantee is
encouraged to adopt and enforce on-the-job seat belt use policies
and programs for its employees when operating company-owned, rented,
or personally-owned vehicles. The National Highway Traffic Safety
Administration (NHTSA) is responsible for providing leadership and
guidance in support of this Presidential initiative. For information
on how to implement such a program, or statistics on the potential
benefits and cost-savings to your company or organization, please
visit the Buckle Up America section on NHTSA's Web site at
www.nhtsa.dot.gov. Additional resources are available from the
Network of Employers for Traffic Safety (NETS), a public-private
partnership headquartered in the Washington, DC metropolitan area,
and dedicated to improving the traffic safety practices of employers
and employees. NETS is prepared to provide technical assistance, a
simple, user-friendly program kit, and an award for achieving the
President's goal of 90 percent seat belt use. NETS can be contacted
at 1 (888) 221-0045 or visit its Web site at www.trafficsafety.org.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On
Reducing Text Messaging While Driving, and DOT Order 3902.10, Text
Messaging While Driving, States are encouraged to adopt and enforce
workplace safety policies to decrease crashed caused by distracted
driving, including policies to ban text messaging while driving
company-owned or -rented vehicles, Government-owned, leased or
rented vehicles, or privately-owned when on official Government
business or when performing any work on or behalf of the Government.
States are also encouraged to conduct workplace safety initiatives
in a manner commensurate with the size of the business, such as
establishment of new rules and programs or re-evaluation of existing
programs to prohibit text messaging while driving, and education,
awareness, and other outreach to employees about the safety risks
associated with texting while driving.
ENVIRONMENTAL IMPACT
The Governor's Representative for Highway Safety has reviewed
the State's Fiscal Year highway safety planning document and hereby
declares that no significant environmental impact will result from
implementing this Highway Safety Plan. If, under a future revision,
this Plan is modified in a manner that could result in a significant
environmental impact and trigger the need for an environmental
review, this office is prepared to take the action necessary to
comply with the National Environmental Policy Act of 1969 (42 U.S.C.
4321, et seq.) and the implementing regulations of the Council on
Environmental Quality (40 CFR Parts 1500-1517).
SECTION 402 REQUIREMENTS
The political subdivisions of this State are authorized, as part
of the State highway safety program, to carry out within their
jurisdictions local highway safety programs which have been approved
by the Governor and are in accordance with the uniform guidelines
promulgated by the Secretary of Transportation. (23 U.S.C.
402(b)(1)(B))
At least 40 percent (or 95 percent, as applicable) of all
Federal funds apportioned to this State under 23 U.S.C. 402 for this
fiscal year will be expended by or for the benefit of the political
subdivision of the State in carrying out local highway safety
programs (23 U.S.C. 402(b)(1)(C), 402(h)(2)), unless this
requirement is waived in writing.
The State's highway safety program provides adequate and
reasonable access for the safe and convenient movement of physically
handicapped persons, including those in wheelchairs, across curbs
constructed or replaced on or after July 1, 1976, at all pedestrian
crosswalks. (23 U.S.C. 402(b)(1)(D))
The State will provide for an evidenced-based traffic safety
enforcement program to prevent traffic violations, crashes, and
crash fatalities and injuries in areas most at risk for such
incidents. (23 U.S.C. 402(b)(1)(E))
The State will implement activities in support of national
highway safety goals to reduce motor vehicle related fatalities that
also reflect the primary data-related crash factors within the State
as identified by the State highway safety planning process,
including:
Participation in the National high-visibility law
enforcement mobilizations;
Sustained enforcement of statutes addressing impaired
driving, occupant protection, and driving in excess of posted speed
limits;
An annual statewide seat belt use survey in accordance
with 23 CFR Part 1340 for the measurement of State seat belt use
rates;
Development of statewide data systems to provide timely
and effective data analysis to support allocation of highway safety
resources;
Coordination of Highway Safety Plan, data collection,
and information systems with the State strategic highway safety
plan, as defined in 23 U.S.C. 148(a).
(23 U.S.C. 402(b)(1)(F))
The State will actively encourage all relevant law enforcement
agencies in the State to follow the guidelines established for
vehicular pursuits issued by the International Association of Chiefs
of Police that are currently in effect. (23 U.S.C. 402(j))
The State will not expend Section 402 funds to carry out a
program to purchase, operate, or maintain an automated traffic
enforcement system. (23 U.S.C. 402(c)(4))
I understand that failure to comply with applicable Federal
statutes and regulations may subject State officials to civil or
criminal penalties and/or place the State in a high risk grantee
status in accordance with 49 CFR 18.12.
I sign these Certifications and Assurances based on personal
knowledge, after appropriate inquiry, and I understand that the
Government will rely on these representations in awarding grant
funds.
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Signature Governor's Representative for Highway Safety Date
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Date
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Printed name of Governor's Representative for Highway Safety
APPENDIX B TO PART 1200--HIGHWAY SAFETY PROGRAM COST SUMMARY (HS-217)
State ----------
Number ----------
Date ----------
[[Page 5029]]
----------------------------------------------------------------------------------------------------------------
Federally funded programs
Approved State/ ------------------------------------------ Federal
Program area program local Previous Increase/ Current share to
costs funds balance (Decrease) Balance local
----------------------------------------------------------------------------------------------------------------
Total NHTSA ............ .......... ............ .............. .......... ..........
Total FHWA ............ .......... ............ .............. .......... ..........
Total NHTSA & FHWA ............ .......... ............ .............. .......... ..........
----------------------------------------------------------------------------------------------------------------
State Official Authorized Signature:
Name:
Title:
Date:
Federal Official Authorized Signature:
NHTSA Name:
Title:
Date:
Effective Date:
This form is to be used to provide funding documentation for
grant programs under Title 23, United States Code. A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is --------------. Public reporting
for this collection of information is estimated to be approximately
30 minutes per response, including the time for reviewing
instructions and completing the form. All responses to this
collection of information are required to obtain or retain benefits.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing
this burden to: Information Collection Clearance Officer, National
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE.,
Washington DC 20590.
INSTRUCTIONS FOR PROGRAM COST SUMMARY
State--The State submitting the HS Form-217
Number--Each HS-217 will be in sequential order by fiscal year
(e.g., 99-01, 99-02, etc.)
Date--The date of occurrence of the accounting action(s)
described.
Program Area--The code designating a program area (e.g., PT-99,
where PT represents the Police Traffic Services and 99 represents
the Federal fiscal year). Funds should be entered only at the
program area level, not at the task level or lower.
Approved Program Costs--The current balance of Federal funds
approved (but not obligated) under the HSP or under any portion of
or amendment to the HSP.
State/local Funds--Those funds which the State and its political
subdivisions are contributing to the program, including both hard
and soft match.
Previous Balance--The balance of Federal funds obligated and
available for expenditure by the State in the current fiscal year,
as of the last Federally-approved transaction. The total of this
column may not exceed the sum of the State's current year obligation
limitation and prior year funds carried forward. (The column is left
blank on the updated Cost Summary required to be submitted under 23
CFR 1200.11(e). For subsequent submissions, the amounts in this
column are obtained from the ``Current Balance'' column of the
immediately preceding Cost Summary.)
Increase/(Decrease)--The amount of change in Federal funding, by
program area, from the funding reflected under the ``Previous
Balance''.
Current Balance--The net total of the ``Previous Balance'' and
the ``Increase/(Decrease)'' amounts. The total of this column may
not exceed the sum of the State's current year obligation limitation
and prior year funds carried forward.
APPENDIX C TO PART 1200--ASSURANCES FOR TEEN TRAFFIC SAFETY PROGRAM
State:-----------------------------------------------------------------
Fiscal Year:-----------------------------------------------------------
The State has elected to implement a Teen Traffic Safety
Program--a statewide program to improve traffic safety for teen
drivers--in accordance with 23 U.S.C. 402(m).
In my capacity as the Governor's Representative for Highway
Safety, I have verified that--
The Teen Traffic Safety Program is a separately
described Program Area in the Highway Safety Plan, including a
specific description of the strategies and projects, and appears in
HSP page number(s) --------------------------.
as required under 23 U.S.C. 402(m), the statewide
efforts described in the pages identified above include peer-to-peer
education and prevention strategies the State will use in schools
and communities that are designed to--
[cir] increase seat belt use;
[cir] reduce speeding;
[cir] reduce impaired and distracted driving;
[cir] reduce underage drinking; and
[cir] reduce other behaviors by teen drivers that lead to
injuries and fatalities.
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Signature Governor's Representative for Highway Safety
Date --------------------
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Printed name of Governor's Representative for Highway Safety
APPENDIX D TO PART 1200--CERTIFICATIONS AND ASSURANCES FOR NATIONAL
PRIORITY SAFETY PROGRAM GRANTS (23 U.S.C. 405)
State:-----------------------------------------------------------------
Fiscal Year: ------
Each fiscal year the State must sign these Certifications and
Assurances that it complies with all requirements, including
applicable Federal statutes and regulations that are in effect
during the grant period.
In my capacity as the Governor's Representative for Highway
Safety, I:
certify that, to the best of my personal knowledge, the
information submitted to the National Highway Traffic Safety
Administration in support of the State's application for Section 405
grants below is accurate and complete.
understand that incorrect, incomplete, or untimely
information submitted in support of the State's application may
result in the denial of an award under Section 405.
agree that, as condition of the grant, the State will
use these grant funds in accordance with the specific requirements
of Section 405(b), (c), (d), (e), (f) and (g), as applicable.
agree that, as a condition of the grant, the State will
comply with all applicable laws and regulations and financial and
programmatic requirements for Federal grants.
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Signature Governor's Representative for Highway Safety
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Date
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Printed name of Governor's Representative for Highway Safety
Instructions: Check the box for each part for which the State is
applying for a grant, fill in relevant blanks, and identify the
attachment number or page numbers where the requested information
appears in the HSP. Attachments may be submitted electronically.
[squ] Part 1: Occupant Protection (23 CFR 1200.21)
All States: [Fill in all blanks below.]
The State will maintain its aggregate expenditures from
all State and local sources for occupant protection programs at or
above the average level of such expenditures in fiscal years 2010
and 2011. (23 U.S.C. 405(a)(1)(H))
The State will participate in the Click it or Ticket
national mobilization in the fiscal year of the grant. The
description of the State's planned participation is provided as HSP
attachment or page ----.
The State's occupant protection plan for the upcoming
fiscal year is provided as HSP attachment or page ----.
Documentation of the State's active network of child
restraint inspection stations is provided as HSP attachment or page
----.
[[Page 5030]]
The State's plan for child passenger safety technicians
is provided as HSP attachment or page ----.
Lower Seat belt Use States: [Check at least 3 boxes below and
fill in all blanks under those checked boxes.]
[squ] The State's primary seat belt use law, requiring all
occupants riding in a passenger motor vehicle to be restrained in a
seat belt or a child restraint, was enacted on ----/----/---- and
last amended on ----/----/----, is in effect, and will be enforced
during the fiscal year of the grant.
Legal citation(s):
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[squ] The State's occupant protection law, requiring occupants
to be secured in a seat belt or age-appropriate child restraint
while in a passenger motor vehicle and a minimum fine of $25, was
enacted on ----/----/---- and last amended on ----/----/----, is in
effect, and will be enforced during the fiscal year of the grant.
Legal citations:
-------------------- Requirement for all occupants to
be secured in seat belt or age appropriate child restraint
-------------------- Coverage of all passenger motor
vehicles
-------------------- Minimum fine of at least $25
-------------------- Exemptions from restraint
requirements
[squ] The State's seat belt enforcement plan is provided as HSP
attachment or page ----.
[squ] The State's comprehensive occupant protection program is
provided as HSP attachment ----.
[Check one box below and fill in any blanks under that checked
box.]
[squ] The State's NHTSA-facilitated occupant protection program
assessment was conducted on ----/----/----;
OR
[squ] The State agrees to conduct a NHTSA-facilitated occupant
protection program assessment by September 1 of the fiscal year of
the grant. (This option is available only for fiscal year 2013
grants.)
[squ] Part 2: State Traffic Safety Information System Improvements (23
CFR 1200.22)
The State will maintain its aggregate expenditures from
all State and local sources for traffic safety information system
programs at or above the average level of such expenditures in
fiscal years 2010 and 2011.
[Fill in at least one blank for each bullet below.]
A copy of [check one box only] the [square] TRCC
charter or the [square] statute legally mandating a State TRCC is
provided as HSP attachment ---- or submitted
electronically through the TRIPRS database on ----/----/----.
A copy of meeting schedule and all reports and other
documents promulgated by the TRCC during the 12 months preceding the
application due date is provided as HSP attachment ---- or
submitted electronically through the TRIPRS database on ----/----/--
--.
A list of the TRCC membership and the organization and
function they represent is provided as HSP attachment ----
or submitted electronically through the TRIPRS database on ----/----
/----.
The name and title of the State's Traffic Records
Coordinator is
-----------------------------------------------------------------------
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A copy of the State Strategic Plan, including any
updates, is provided as HSP attachment ---- or submitted
electronically through the TRIPRS database on ----/----/----.
[Check one box below and fill in any blanks under that
checked box.]
[squ] The following pages in the State's Strategic Plan provides
a written description of the performance measures, and all
supporting data, that the State is relying on to demonstrate
achievement of the quantitative improvement in the preceding 12
months of the application due date in relation to one or more of the
significant data program attributes: pages ----------.
OR
[squ] If not detailed in the State's Strategic Plan, the written
description is provided as HSP attachment ----.
The State's most recent assessment or update of its
highway safety data and traffic records system was completed on ----
/----/----.
[squ] Part 3: Impaired Driving Countermeasures (23 CFR 1200.23)
All States:
The State will maintain its aggregate expenditures from
all State and local sources for impaired driving programs at or
above the average level of such expenditures in fiscal years 2010
and 2011.
The State will use the funds awarded under 23 U.S.C.
405(d) only for the implementation of programs as provided in 23 CFR
1200.23(i) in the fiscal year of the grant.
Mid-Range State:
[Check one box below and fill in any blanks under that
checked box.]
[squ] The statewide impaired driving plan approved by a
statewide impaired driving task force was issued on ----/----/----
and is provided as HSP attachment ----.
OR
[squ] For this first year of the grant as a mid-range State, the
State agrees to convene a statewide impaired driving task force to
develop a statewide impaired driving plan and submit a copy of the
plan to NHTSA by September 1 of the fiscal year of the grant.
A copy of information describing the statewide impaired
driving task force is provided as HSP attachment ----.
High-Range State:
[Check one box below and fill in any blanks under that checked
box.]
[squ] A NHTSA-facilitated assessment of the State's impaired
driving program was conducted on ----/----/----;
OR
[squ] For the first year of the grant as a high-range State, the
State agrees to conduct a NHTSA-facilitated assessment by September
1 of the fiscal year of the grant;
[Check one box below and fill in any blanks under that
checked box.]
[squ] For the first year of the grant as a high-range State, the
State agrees to convene a statewide impaired driving task force to
develop a statewide impaired driving plan addressing recommendations
from the assessment and submit the plan to NHTSA for review and
approval by September 1 of the fiscal year of the grant;
OR
[squ] For subsequent years of the grant as a high-range State,
the statewide impaired driving plan developed or updated on ----/--
--/---- is provided as HSP attachment ----.
A copy of the information describing the statewide
impaired driving task force is provided as HSP attachment
----.
Ignition Interlock Law: [Fill in all blanks below.]
The State's ignition interlock law was enacted on ----/
----/---- and last amended on ----/----/----, is in effect, and will
be enforced during the fiscal year of the grant.
Legal citation(s):
.----------------------------------------------------------------------
[squ] Part 4: Distracted Driving (23 CFR 1200.24)
[Fill in all blanks below.]
Prohibition on Texting While Driving
The State's texting ban statute, prohibiting texting while
driving, a minimum fine of at least $25, and increased fines for
repeat offenses, was enacted on ----/----/---- and last amended on
----/----/----, is in effect, and will be enforced during the fiscal
year of the grant.
Legal citations:
-------------------- Prohibition on texting while
driving
-------------------- Definition of covered wireless
communication devices
-------------------- Minimum fine of at least $25 for
first offense
-------------------- Increased fines for repeat
offenses
-------------------- Exemptions from texting ban
Prohibition on Youth Cell Phone Use While Driving
The State's youth cell phone use ban statute, prohibiting youth
cell phone use while driving, driver license testing of distracted
driving issues, a minimum fine of at least $25, increased fines for
repeat offenses, was enacted on ----/----/---- and last amended on
----/----/----, is in effect, and will be enforced during the fiscal
year of the grant.
Legal citations:
-------------------- Prohibition on youth cell phone
use while driving
-------------------- Driver license testing of
distracted driving issues
-------------------- Minimum fine of at least $25 for
first offense
-------------------- Increased fines for repeat
offenses
-------------------- Exemptions from youth cell phone
use ban
[squ] Part 5: Motorcyclist Safety (23 CFR 1200.25)
[Check at least 2 boxes below and fill in any blanks under those
checked boxes.]
[squ] Motorcycle riding training course:
Copy of official State document (e.g., law, regulation,
binding policy directive,
[[Page 5031]]
letter from the Governor) identifying the designated State authority
over motorcyclist safety issues is provided as HSP attachment
----.
Document(s) showing the designated State authority
approving the training curriculum that includes instruction in crash
avoidance and other safety-oriented operational skills for both in-
class and on-the-motorcycle is provided as HSP attachment
----.
Document(s) regarding locations of the motorcycle rider
----.
Document showing that certified motorcycle rider
training instructors teach the motorcycle riding training course is
provided as HSP attachment ----.
Description of the quality control procedures to assess
motorcycle rider training courses and instructor training courses
and actions taken to improve courses is provided as HSP attachment
----.
[ballot] Motorcyclist awareness program:
Copy of official State document (e.g., law, regulation,
binding policy directive, letter from the Governor) identifying the
designated State authority over motorcyclist safety issues is
provided as HSP attachment ----.
Letter from the Governor's Representative for Highway
Safety regarding the development of the motorcyclist awareness
program is provided as HSP attachment ----.
Data used to identify and prioritize the State's
motorcyclist safety program areas is provided as HSP attachment or
page ----.
Description of how the State achieved collaboration
among agencies and organizations regarding motorcycle safety issues
is provided as HSP attachment or page ----.
Copy of the State strategic communications plan is
provided as HSP attachment ----.
[ballot] Reduction of fatalities and crashes involving
motorcycles:
Data showing the total number of motor vehicle crashes
involving motorcycles is provided as HSP attachment or page
----.
Description of the State's methods for collecting and
analyzing data is provided as HSP attachment or page ----.
[ballot] Impaired driving program:
Data used to identify and prioritize the State's
impaired driving and impaired motorcycle operation problem areas is
provided as HSP attachment or page ----.
Detailed description of the State's impaired driving
program is provided as HSP attachment or page ----.
The State law or regulation defines impairment. Legal
citation(s):
-----------------------------------------------------------------------
[ballot] Reduction of fatalities and accidents involving
impaired motorcyclists:
Data showing the total number of reported crashes
involving alcohol-impaired and drug-impaired motorcycle operators is
provided as HSP attachment or page ----.
Description of the State's methods for collecting and
analyzing data is provided as HSP attachment or page ----.
The State law or regulation defines impairment. Legal
citation(s):
-----------------------------------------------------------------------
[ballot] Use of fees collected from motorcyclists for motorcycle
programs: [Check one box below and fill in any blanks under the
checked box.]
[ballot] Applying as a Law State--
The State law or regulation requires all fees collected
by the State from motorcyclists for the purpose of funding
motorcycle training and safety programs are to be used for
motorcycle training and safety programs. Legal citation(s):
-----------------------------------------------------------------------
AND
The State's law appropriating funds for FY ----
requires all fees collected by the State from motorcyclists for the
purpose of funding motorcycle training and safety programs be spent
on motorcycle training and safety programs. Legal citation(s):
-----------------------------------------------------------------------
[ballot] Applying as a Data State--
Data and/or documentation from official State records
from the previous fiscal year showing that all fees collected by the
State from motorcyclists for the purpose of funding motorcycle
training and safety programs were used for motorcycle training and
safety programs is provided as HSP attachment ----.
[ballot] Part 6: State Graduated Driver Licensing Laws (23 CFR 1200.26)
[Fill in all applicable blanks below.]
The State's graduated driver licensing statute, requiring both a
learner's permit stage and intermediate stage prior to receiving a
full driver's license, was enacted on ----/----/---- and last
amended on ----/----/----, is in effect, and will be enforced during
the fiscal year of the grant.
Learner's Permit Stage--requires testing and education, driving
restrictions, minimum duration, and applicability to novice drivers
younger than 21 years of age.
Legal citations:
-------------------- Testing and education requirements
-------------------- Driving restrictions
-------------------- Minimum duration
-------------------- Applicability to notice drivers
younger than 21 years of age
-------------------- Exemptions from graduated driver
licensing law
Intermediate Stage--requires driving restrictions, minimum
duration, and applicability to any driver who has completed the
learner's permit stage and who is younger than 18 years of age.
Legal citations:
-------------------- Driving restrictions
-------------------- Minimum duration
-------------------- Applicability to any driver who
has completed the learner's permit stage and is younger than 18
years of age
-------------------- Exemptions from graduated driver
licensing law
Additional Requirements During Both Learner's Permit and Intermediate
Stages
Prohibition enforced as a primary offense on use of a cellular
telephone or any communications device by the driver while driving,
except in case of emergency. Legal citation(s):
-----------------------------------------------------------------------
Requirement that the driver who possesses a learner's permit or
intermediate license remain conviction-free for a period of not less
than six consecutive months immediately prior to the expiration of
that stage. Legal citation(s):
-----------------------------------------------------------------------
License Distinguishability (Check one box below and fill in any
blanks under that checked box.)
[ballot] Requirement that the State learner's permit,
intermediate license, and full driver's license are visually
distinguishable. Legal citation(s):
-----------------------------------------------------------------------
-----------------------------------------------------------------------
OR
[ballot] Sample permits and licenses containing visual features
that would enable a law enforcement officer to distinguish between
the State learner's permit, intermediate license, and full driver's
license, are provided as HSP attachment --------.
OR
[ballot] Description of the State's system that enables law
enforcement officers in the State during traffic stops to
distinguish between the State learner's permit, intermediate
license, and full driver's license, are provided as HSP attachment
--------.
APPENDIX E TO PART 1200--PARTICIPATION BY POLITICAL SUBDIVISIONS
(a) Policy. To ensure compliance with the provisions of 23
U.S.C. 402(b)(1)(C) and 23 U.S.C. 402(h)(2), which require that at
least 40 percent or 95 percent of all Federal funds apportioned
under Section 402 to the State or the Secretary of Interior,
respectively, will be expended by political subdivisions of the
State, including Indian tribal governments, in carrying out local
highway safety programs, the NHTSA Approving Official will determine
if the political subdivisions had an active voice in the initiation,
development and implementation of the programs for which funds
apportioned under 23 U.S.C. 402 are expended.
(b) Terms.
Local participation refers to the minimum 40 percent or 95
percent (Indian Nations) that must be expended by or for the benefit
of political subdivisions.
Political subdivision includes Indian tribes, for purpose and
application to the apportionment to the Secretary of Interior.
(c) Determining local share.
(1) In determining whether a State meets the local share
requirement in a fiscal year, NHTSA will apply the requirement
sequentially to each fiscal year's apportionments, treating all
apportionments made from a single fiscal year's authorizations as a
single entity for this purpose. Therefore, at least 40 percent of
each State's apportionments (or at least 95 percent of the
apportionment to the Secretary of Interior) from each year's
authorizations must be used in the highway safety programs of its
political subdivisions prior to the period when funds would normally
lapse.
[[Page 5032]]
The local participation requirement is applicable to the State's
total federally funded safety program irrespective of Standard
designation or Agency responsibility.
(2) When Federal funds apportioned under 23 U.S.C. 402 are
expended by a political subdivision, such expenditures are clearly
part of the local share. Local highway safety-project-related
expenditures and associated indirect costs, which are reimbursable
to the grantee local governments, are classifiable as local share.
Illustrations of such expenditures are the costs incurred by a local
government in planning and administration of highway safety project-
related activities, such as occupant protection, traffic records
system improvements, emergency medical services, pedestrian and
bicycle safety activities, police traffic services, alcohol and
other drug countermeasures, motorcycle safety, and speed control.
(3) When Federal funds apportioned under 23 U.S.C. 402 are
expended by a State agency for the benefit of a political
subdivision, such funds may be considered as part of the local
share, provided that the political subdivision has had an active
voice in the initiation, development, and implementation of the
programs for which such funds are expended. A State may not
arbitrarily ascribe State agency expenditures as ``benefitting local
government.'' Where political subdivisions have had an active voice
in the initiation, development, and implementation of a particular
program or activity, and a political subdivision which has not had
such active voice agrees in advance of implementation to accept the
benefits of the program, the Federal share of the cost of such
benefits may be credited toward meeting the local participation
requirement. Where no political subdivisions have had an active
voice in the initiation, development, and implementation of a
particular program, but a political subdivision requests the
benefits of the program as part of the local government's highway
safety program, the Federal share of the cost of such benefits may
be credited toward meeting the local participation requirement.
Evidence of consent and acceptance of the work, goods or services on
behalf of the local government must be established and maintained on
file by the State until all funds authorized for a specific year are
expended and audits completed.
(4) State agency expenditures which are generally not classified
as local are within such areas as vehicle inspection, vehicle
registration and driver licensing. However, where these areas
provide funding for services such as driver improvement tasks
administered by traffic courts, or where they furnish computer
support for local government requests for traffic record searches,
these expenditures are classifiable as benefitting local programs.
(d) Waivers. While the local participation requirement may be
waived in whole or in part by the NHTSA Administrator, it is
expected that each State program will generate political subdivision
participation to the extent required by the Act so that requests for
waivers will be minimized. Where a waiver is requested, however, it
must be documented at least by a conclusive showing of the absence
of legal authority over highway safety activities at the political
subdivision levels of the State and must recommend the appropriate
percentage participation to be applied in lieu of the local share.
APPENDIX F TO PART 1200--PLANNING AND ADMINISTRATION (P&A) COSTS
(a) Policy. Federal participation in P&A activities shall not
exceed 50 percent of the total cost of such activities, or the
applicable sliding scale rate in accordance with 23 U.S.C. 120. The
Federal contribution for P&A activities shall not exceed 13 percent
of the total funds the State receives under 23 U.S.C. 402. In
accordance with 23 U.S.C. 120(i), the Federal share payable for
projects in the U.S. Virgin Islands, Guam, American Samoa and the
Commonwealth of the Northern Mariana Islands shall be 100 percent.
The Indian country, as defined by 23 U.S.C. 402(h), is exempt from
these provisions. NHTSA funds shall be used only to finance P&A
activities attributable to NHTSA programs.
(b) Terms.
Direct costs are those costs identified specifically with a
particular planning and administration activity or project. The
salary of an accountant on the State Highway Safety Agency staff is
an example of a direct cost attributable to P&A. The salary of a DWI
(Driving While Intoxicated) enforcement officer is an example of
direct cost attributable to a project.
Indirect costs are those costs (1) incurred for a common or
joint purpose benefiting more than one cost objective within a
governmental unit and (2) not readily assignable to the project
specifically benefited. For example, centralized support services
such as personnel, procurement, and budgeting would be indirect
costs.
Planning and administration (P&A) costs are those direct and
indirect costs that are attributable to the management of the
Highway Safety Agency. Such costs could include salaries, related
personnel benefits, travel expenses, and rental costs specific to
the Highway Safety Agency.
Program management costs are those costs attributable to a
program area (e.g., salary and travel expenses of an impaired
driving program manager/coordinator of a State Highway Safety
Agency).
(c) Procedures. (1) P&A activities and related costs shall be
described in the P&A module of the State's Highway Safety Plan. The
State's matching share shall be determined on the basis of the total
P&A costs in the module. Federal participation shall not exceed 50
percent (or the applicable sliding scale) of the total P&A costs. A
State shall not use NHTSA funds to pay more than 50 percent of the
P&A costs attributable to NHTSA programs. In addition, the Federal
contribution for P&A activities shall not exceed 13 percent of the
total funds in the State received under 23 U.S.C. 402 each fiscal
year.
(2) A State at its option may allocate salary and related costs
of State highway safety agency employees to one of the following:
(i) P&A;
(ii) Program management of one or more program areas contained
in the HSP; or
(iii) Combination of P&A activities and the program management
activities in one or more program areas.
(3) If an employee works solely performing P&A activities, the
total salary and related costs may be programmed to P&A. If the
employee works performing program management activities in one or
more program areas, the total salary and related costs may be
charged directly to the appropriate area(s). If an employee is
working time on a combination of P&A and program management
activities, the total salary and related costs may be charged to P&A
and the appropriate program area(s) based on the actual time worked
under each area(s). If the State Highway Safety Agency elects to
allocate costs based on actual time spent on an activity, the State
Highway Safety Agency must keep accurate time records showing the
work activities for each employee. The State's recordkeeping system
must be approved by the appropriate NHTSA Approving Official.
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[[Page 5033]]
Issued in Washington, DC, on: January 4, 2013 under authority
delegated in 49 CFR 1.95.
David L. Strickland,
Administrator, National Highway Traffic Safety Administration.
Victor M. Mendez,
Administrator, Federal Highway Administration.
[FR Doc. 2013-00682 Filed 1-16-13; 11:15 am]
BILLING CODE 4910-59-P