4196 Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices 

his left eye is 20/20. Following an 

examination in 2005, his optometrist 

noted, ‘‘I feel Gary has sufficient vision 

to operate a commercial vehicle. He has 

had this condition since he has been 

driving and he has a very good driving 

record.’’ Mr. Wilson reported that he has 

driven straight trucks for 31 years, 

accumulating 775,000 miles. He holds a 

Class D operator’s license from Utah. 

His driving record for the last 3 years 

shows no crashes or convictions for 

moving violations in a CMV. 

William B. Wilson 

Mr. Wilson, 63, has had amblyopia in 

his right eye since birth. The best 

corrected visual acuity in his right eye 

is 20/80 and in the left, 20/20. 

Following an examination in 2005, his 

ophthalmologist noted, ‘‘It is my 

medical opinion that Mr. Wilson has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Wilson reported that he 

has driven straight trucks for 47 years, 

accumulating 1.2 million miles and 

tractor-trailer combinations for 6 years, 

accumulating 600,000 miles. He holds a 

Class A CDL from Kentucky. His driving 

record for the last 3 years shows no 

crashes or convictions for moving 

violations in a CMV. 

Request for Comments 

In accordance with 49 U.S.C. 31315 

and 31136(e), FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. The agency will consider all 

comments received before the close of 

business February 24, 2006. Comments 

will be available for examination in the 

docket at the location listed under the 

ADDRESSES section of this notice. The 

agency will file comments received after 

the comment closing date in the public 

docket, and will consider them to the 

extent practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should monitor the public 

docket for new material. 

Issued on January 18, 2006. 

Rose A. McMurray, 

Associate Administrator, Policy and Program 

Development. 

[FR Doc. E6–856 Filed 1–24–06; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2000–7257; Notice No. 38] 

Railroad Safety Advisory Committee; 

Notice of Meeting 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of the Railroad Safety 

Advisory Committee (RSAC) meeting. 

SUMMARY: FRA announces the next 

meeting of the RSAC, a Federal 

Advisory Committee that develops 

railroad safety regulations through a 

consensus process. The RSAC meeting 

topics include opening remarks from the 

FRA Administrator, an update on the 

National Rail Safety Action Plan, a 

discussion of track issues, hazardous 

material non-accident releases, a rail 

security update, and the Collision 

Analysis Study (concluding work 

previously undertaken by the Collision 

Analysis Working Group). Status reports 

will be given on the Passenger Safety, 

Railroad Operating Rules, and Roadway 

Worker Safety working groups. The 

report of the Railroad Operating Rules 

Working Group is expected to be its 

final report on preparation of a notice of 

proposed rulemaking to address three 

principal causes of human factor train 

accidents, and the Committee may be 

asked to vote on the recommendations 

contained in that report if available 

sufficiently in advance of the meeting. 

The Committee will be asked to vote to 

accept a task to review and revise the 

Railroad Locomotive Safety Standards, 

and FRA may offer a task regarding 

improvement of the Track Safety 

Standards (including resolution of 

issues raised in comments under the 

interim final rule on joint integrity in 

continuous welded rail). 

DATES: The meeting of the RSAC is 

scheduled to commence at 9:30 a.m., 

and conclude at 4 p.m., on Wednesday, 

February 22, 2006. 

ADDRESSES: The meeting of the RSAC 

will be held at the Washington Plaza, 10 

Thomas Circle, NW., Washington, DC 

20005, (at Massachusetts Avenue and 

14th Street), (202) 842–1300. The 

meeting is open to the public on a firstcome, first-serve basis, and is accessible 

to individuals with disabilities. Sign 

and oral interpretation can be made 

available if requested 10 calendar days 

before the meeting. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Butera, RSAC Coordinator, 

FRA, 1120 Vermont Avenue, NW., Stop 

25, Washington, DC 20590, (202) 493–

6212 or Grady Cothen, Deputy Associate 

Administrator for Safety Standards and 

Program Development, FRA, 1120 

Vermont Avenue, NW., Mailstop 25, 

Washington, DC 20590, (202) 493–6302. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 10(a)(2) of the Federal 

Advisory Committee Act (Pub. L. 92–

463), FRA is giving notice of a meeting 

of the RSAC. The meeting is scheduled 

to begin at 9:30 a.m., and conclude at 4 

p.m., on Wednesday, February 22, 2006. 

The meeting of the RSAC will be held 

at the Washington Plaza, 10 Thomas 

Circle, NW., Washington, DC 20005, (at 

Massachusetts Avenue and 14th Street), 

(202) 842–1300. RSAC was established 

to provide advice and recommendations 

to the FRA on railroad safety matters. 

The Committee consists of 48 individual 

voting representatives and five associate 

representatives drawn from among 30 

organizations representing various rail 

industry perspectives, two associate 

representatives from the agencies with 

railroad safety regulatory responsibility 

in Canada and Mexico, and other 

diverse groups. Staffs of the National 

Transportation Safety Board and the 

Federal Transit Administration also 

participate in an advisory capacity. 

See the RSAC Web site for details on 

pending tasks at: http://rsac.fra.dot.gov. 

Please refer to the notice published in 

the Federal Register on March 11, 1996, 

(61 FR 9740) for more information about 

the RSAC. 

Issued in Washington, DC on January 17, 

2006. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E6–859 Filed 1–24–06; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[NHTSA–2006–23656] 

Incentive Grants To Support Increased 

Safety Belt Use Rates Section 406 

Implementing Guidelines 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Announcement of grant program 

for States that enact and enforce primary 

safety belt use laws or achieve and 

maintain a high safety belt use rate 

without primary safety belt use laws. 

SUMMARY: The National Highway Traffic 

Safety Administration (NHTSA) 

announces a new primary safety belt use 

law and safety belt performance grant 


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Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices 4197 

program to increase safety belt use by 

Americans in passenger motor vehicles. 

The program makes funds available 

during fiscal years 2006 through 2009 to 

provide a one-time only grant to States 

that enact and enforce primary safety 

belt use laws within certain time 

periods or achieve 85 percent or higher 

safety belt use for two consecutive years 

without a primary safety belt use law. 

This notice informs the 50 States, the 

District of Columbia, Puerto Rico, 

American Samoa, the Commonwealth of 

Northern Mariana Islands, Guam and 

the Virgin Islands, through their 

Governors’ Representatives for Highway 

Safety, of the application procedures to 

receive grant funds to be made available 

in fiscal years 2006 through 2009. 

DATES: Applications must be submitted 

on or before July 1 of the fiscal year for 

which a State seeks a grant. 

ADDRESSES: Applications must be 

submitted to the appropriate Regional 

Administrator. 

FOR FURTHER INFORMATION CONTACT: For 

program issues, John Oates, Chief, 

Implementation Division, Office of 

Injury Control Operations and 

Resources, NTI–200, National Highway 

Traffic Safety Administration, 400 

Seventh Street, SW., Washington, DC 

20590, telephone (202) 366–2121. For 

legal issues, Tina Mun Ro, AttorneyAdvisor, Office of Chief Counsel, NCC–

113, National Highway Traffic Safety 

Administration, 400 Seventh Street, 

SW., Washington, DC 20590, telephone 

(202) 366–1834. 

SUPPLEMENTARY INFORMATION:

Background 

Section 2005 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU) 

establishes a grant program to encourage 

increased safety belt use by Americans 

in passenger motor vehicles. The law 

accomplishes this by rewarding States 

that enact and enforce a primary safety 

belt use law or, in the absence of a 

primary law, achieve and maintain a 

safety belt use rate of 85 percent or 

higher in two consecutive years. The 

one-time grant program is codified at 23 

U.S.C. 406 (‘‘the Section 406 Program’’), 

and allows recipients to use funds for a 

variety of highway safety or roadway 

safety purposes. 

Requirements To Receive a Grant 

The Section 406 Program provides 

three circumstances under which States 

may qualify for a one-time grant award. 

A State may enact a primary safety belt 

use law on or after January 1, 2003 (a 

‘‘New Primary Law State’’); it may have 

a primary safety belt use law in effect on 

or before December 31, 2002 (a ‘‘Pre2003 Primary Law State’’); or it may 

achieve a safety belt use rate of 85 

percent or higher in two consecutive 

calendar years beginning after December 

31, 2005 (a ‘‘Safety Belt Performance 

State’’). These qualification 

requirements are described in more 

detail below. Note that a State may 

receive only one grant and under only 

one of these categories for the duration 

of the Section 406 grant program. 

New Primary Law States 

SAFETEA–LU provides a one-time 

grant award equal to 475 percent of the 

amount apportioned to the State under 

Section 402(c) for Fiscal Year (FY) 2003 

to any State that ‘‘enacts for the first 

time after December 31, 2002, and has 

in effect and is enforcing a conforming 

primary safety belt use law for all 

passenger motor vehicles.’’ Under this 

program, a conforming primary safety 

belt use law is a safety belt use law that 

allows law enforcement officials to stop 

a passenger motor vehicle and issue a 

citation to, at a minimum, any front seat 

passenger not wearing a safety belt, 

without the need for probable cause to 

believe that another violation has been 

committed. ‘‘Passenger Motor Vehicle’’

is defined under the statute to mean a 

passenger car, a pickup truck, and a van, 

minivan or sport utility vehicle with a 

gross vehicle weight rating of less than 

10,000 pounds. 

Since SAFETEA–LU contains the 

qualifier that the safety belt use law be 

‘‘enacted for the first time,’’ only States 

that did not have a conforming primary 

safety belt use law in effect at any time 

on or before December 31, 2002 may 

qualify as a New Primary Law State. 

Also, since SAFETEA–LU requires the 

safety belt use law to be ‘‘in effect’’ and 

the State to be ‘‘enforcing’’ it, the law 

must not only be enacted but be in 

operation, allowing citations to be 

issued. Therefore, for example, a 

primary safety belt use law that has a 

future effective date or that includes a 

provision limiting enforcement to 

written warnings during a ‘‘grace 

period’’ after the law goes into effect 

would not be deemed in effect or being 

enforced until the effective date is 

reached or the grace period ends. 

In order for a New Primary Law State 

to qualify for a grant award in a fiscal 

year, SAFETEA–LU further requires that 

the law be enacted before July 1 of that 

fiscal year. A law enacted on or after 

July 1 is deemed by the statute to be 

enacted on October 1 of the next Federal 

fiscal year. In the event that a State 

enacts a conforming primary safety belt 

use law by June 30 of a fiscal year that 

will not go into effect until sometime 

between July 1 and the cut-off date for 

award of that fiscal year’s grants, the 

agency will set aside funds for that 

State, but will not award those funds 

until the agency confirms that the law 

is in effect and is being enforced and 

has received a certification to that effect 

from the State. 

While NHTSA does not require or 

encourage the adoption of exemptions, 

the agency notes that many existing 

safety belt use laws contain a number of 

exemptions. The agency believes that 

the Section 406 Program’s ultimate goal 

of achieving higher belt use rates would 

not be served by denying a grant to 

States whose laws contain any 

exemptions, without regard to the 

nature of those exemptions. On the 

other hand, some exemptions would so 

severely undermine the safety 

considerations underlying the statute as 

to render a State whose law contains 

such exemptions ineligible for a grant. 

The agency will review each State’s 

primary safety belt use law to determine 

the acceptability of any exemptions. As 

NHTSA did in 1998 to implement the 

Section 405 grant program under the 

Transportation Equity Act for the 21st 

Century (TEA–21), the agency has 

reviewed existing safety belt use laws 

and has determined that the following 

exemptions are not incompatible with 

the requirements of SAFETEA–LU: 

• Persons with medical conditions 

who are unable to use a safety belt, 

provided there is written documentation 

from a physician; 

• Postal, utility, and other 

commercial drivers who make frequent 

stops in the course of their business; 

• Emergency vehicle operators and 

passengers; 

• Persons riding in seating positions 

or vehicles not required to be equipped 

with safety belts; 

• Public and livery conveyances; 

• Farm vehicles; 

• Unrestrained occupants when all 

safety belts are being used by other 

occupants; 

• Vehicles designed for 10 or more 

people; 

• Off-road vehicles; 

• Persons riding in parade vehicles; 

and 

• Persons in the custody of police. 

The agency has accepted these 

exemptions by long-standing 

application in safety belt programs. A 

State that enacts a law with any 

exemption other than those identified as 

acceptable should anticipate that the 

agency will review the exemption to 

determine whether its impact on traffic 

safety is minimal and it is, therefore, 

acceptable. 


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4198 Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices 

Pre-2003 Primary Law States 

SAFETEA–LU provides a one-time 

grant award equal to 200 percent of the 

amount apportioned to the State under 

Section 402(c) for FY 2003 to ‘‘each 

State that enacted, has in effect, and is 

enforcing a conforming primary safety 

belt use law for all passenger motor 

vehicles that was in effect before 

January 1, 2003.’’ NHTSA has identified 

and reviewed all primary safety belt use 

laws enacted before January 1, 2003. 

The following States qualify for grants 

as Pre-2003 Primary Law States: 

Alabama, American Samoa, California, 

Commonwealth of the Northern Mariana 

Islands, Connecticut, District of 

Columbia, Guam, Hawaii, Iowa, 

Louisiana, Maryland, Michigan, New 

Jersey, New Mexico, New York, North 

Carolina, Oklahoma, Oregon, Puerto 

Rico, Texas, Virgin Islands, Washington. 

Two States that enacted primary 

safety belt use laws before January 1, 

2003, Georgia and Indiana, do not 

qualify for grants as Pre-2003 Primary 

Law States because their laws do not 

include coverage for all passenger motor 

vehicles, a requirement of SAFETEA–

LU. 

Safety Belt Performance States 

SAFETEA–LU provides a one-time 

grant award equal to 475 percent of the 

amount apportioned to the State under 

Section 402(c) for FY 2003 to any State 

that does not have a conforming primary 

safety belt use law but, after December 

31, 2005, has a State safety belt use rate 

of 85 percent or higher for each of the 

two consecutive calendar years 

immediately preceding the fiscal year in 

which the State is applying for the 

grant. SAFETEA–LU specifies that the 

safety belt use rate is to be determined 

under criteria developed by the 

Secretary of Transportation (by 

delegation, NHTSA). 

On September 1, 1998, NHTSA 

published in the Federal Register the 

‘‘Uniform Criteria for State 

Observational Surveys of Seat Belt Use’’

(codified at 23 CFR part 1340). The 

Uniform Criteria, adopted as a final rule 

after addressing State comments, 

established requirements to ensure the 

statistical validity and consistency of 

safety belt use surveys conducted in 

connection with a grant program under 

the Transportation Equity Act for the 

21st Century (TEA–21). Since States 

have already implemented the 

procedures and deployed the resources 

to conduct these surveys, and have been 

conducting these surveys for many 

years, NHTSA intends to retain these 

Uniform Criteria for use in the Section 

406 Program. This will ensure that the 

integrity of safety belt use rate data is 

maintained without imposing new 

burdens or procedures on the States. 

Therefore, a State seeking a grant as a 

Safety Belt Performance State must 

demonstrate the required safety belt use 

rates by conducting surveys in 

accordance with the Uniform Criteria at 

23 CFR part 1340. 

The first fiscal year a State may 

receive a grant as a Safety Belt 

Performance State is FY 2008. This 

results from SAFETEA–LU’s 

requirement that the two consecutive 

calendar years of 85 percent safety belt 

use rate begin in calendar year 2006 and 

precede the fiscal year of the grant. Only 

States without a conforming primary 

safety belt use law in effect and that did 

not have such a law in effect on August 

10, 2005 (the date SAFETEA–LU was 

enacted) are eligible for a grant as a 

Safety Belt Performance State. The 

August 10, 2005 date precludes a State 

from rescinding an existing primary 

safety belt use law in an effort to qualify 

as a Safety Belt Performance State. We 

believe this would be inconsistent with 

SAFETEA–LU’s intent. 

Eligibility 

The Section 406 Program derives its 

definition of ‘‘State’’ from 23 U.S.C. 401. 

In accordance with 23 U.S.C. 401, the 50 

States, the District of Columbia, Puerto 

Rico, American Samoa, the 

Commonwealth of the Northern Mariana 

Islands, Guam and the Virgin Islands 

(‘‘the States’’) are eligible to apply for 

grants under Section 406. 

Application Procedures 

New Primary Law States 

To apply for grant funds in a fiscal 

year, New Primary Law States must 

submit the certifications required by 

Appendix 1, signed by the Governor’s 

Representative for Highway Safety, to 

the appropriate NHTSA Regional 

Administrator by no later than July 1 of 

the fiscal year. (In order to receive its 

grant award as soon as possible 

following the date of effectiveness of its 

primary safety belt use law, a State is 

encouraged to submit this information 

earlier than the July 1 deadline of each 

year.) 

Pre-2003 Primary Law States 

Pre-2003 Primary Law States need not 

submit an application. SAFETEA–LU 

provides that, to the extent funds 

remain in each fiscal year after award of 

grants to all qualifying New Primary 

Law States and Safety Belt Performance 

States, including Catch-Up grants, 

NHTSA may make awards to Pre-2003 

Primary Law States. The Pre-2003 

Primary Law States identified under 

that section will receive grants in 

accordance with this statutory 

provision. Pre-2003 Primary Law States 

must submit the certifications required 

by Appendix 2, signed by the 

Governor’s Representative for Highway 

Safety, as a precondition to receiving 

grant funds. 

Safety Belt Performance States 

Beginning in FY 2008, a Safety Belt 

Performance State may qualify for a 

grant by having safety belt use rates of 

85 percent or more for the two 

consecutive calendar years preceding 

the fiscal year for which it seeks a grant 

(i.e., a State seeking a grant in FY 2008 

must have a safety belt use rate of 85 

percent or more in calendar years 2006 

and 2007 and a State seeking a grant in 

FY 2009 must have a safety belt use rate 

of 85 percent or more in calendar years 

2007 and 2008). The reported safety belt 

use rates must be at least 85 percent for 

each year, as mandated by SAFETEA–

LU, and measured by observational 

surveys conducted in accordance with 

the Uniform Criteria for State 

Observational Surveys of Seat Belt Use, 

23 CFR part 1340. The State’s survey 

must be reviewed and approved by 

NHTSA. A State whose survey has 

previously been approved by NHTSA as 

conforming to the Uniform Criteria and 

whose survey design has remained 

unchanged does not need to resubmit its 

survey for review. For each survey year, 

a Safety Belt Performance State must 

provide the use rate information (from 

its survey results) and certifications 

required by Appendix 3, signed by the 

Governor’s Representative for Highway 

Safety. 

NHTSA will accept the information 

and certifications required by Appendix 

3 for a given calendar year from June 15 

of that calendar year through March 1 of 

the following calendar year. States may 

conduct more than one survey in a 

calendar year, and may submit a safety 

belt use rate and accompanying 

certification for each survey. For the 

purposes of this program, the final 

measure of the State’s safety belt use 

rate for a given calendar year is the 

highest result obtained by the State for 

that year, using a conforming survey. 

Within 30 days of a State’s submission 

of the information and certifications 

required by Appendix 3 in each 

calendar year, NHTSA will respond 

with one of the following: (1) A 

confirmation that the submitted safety 

belt use rate is based on a survey that 

is consistent with the Uniform Criteria 

for State Observational Surveys of Seat 

Belt Use; (2) a determination that the 

submission is not consistent with the 


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Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices 4199 

Uniform Criteria for State Observational 

Surveys of Seat Belt Use, with an 

explanation of the reasons for this 

determination; or, (3) a request for 

additional information to assist in 

determining whether the reported safety 

belt use rate is acceptable. 

Award Procedures 

Initial Agency Response 

New Primary Law States 

Within 30 days following receipt of 

the specified application materials, 

NHTSA will respond to New Primary 

Law States with one of the following: (1) 

An affirmation that the State’s law 

satisfies the requirements for a Section 

406 grant; (2) a determination that the 

law is not a conforming primary safety 

belt use law, with an explanation of the 

reasons for this determination; or (3) a 

request for additional information to 

assist in determining whether the law is 

a conforming primary safety belt use 

law. 

Pre-2003 Primary Law States 

If funds remain after all qualifying 

New Primary Law States (and, 

beginning in FY 2008, all Safety Belt 

Performance States) have received their 

awards in a fiscal year, the agency will 

notify Pre-2003 Primary Law States of 

their awards. Before receiving any grant 

funds, a Pre-2003 Primary Law State 

must submit the certification required 

by Appendix 2, as described above 

under ‘‘Application Procedures.’’

Safety Belt Performance States 

Beginning in FY 2008, the agency will 

notify Safety Belt Performance States of 

their awards, based on achieving a 

safety belt use rate of 85 percent or more 

for the two consecutive calendar years 

preceding the fiscal year of the grant. 

Before receiving any grant funds, a 

Safety Belt Performance State must 

submit the certification required by 

Appendix 4. 

Award of Grant Funds 

Section 406 authorizes $124.5 million 

during each of four fiscal years from FY 

2006 through FY 2009. SAFETEA–LU 

provides that, in the event that there are 

insufficient funds available to fully fund 

all eligible States under the Section 406 

grant program, the agency must first 

make grants to New Primary Law States 

and Safety Belt Performance States, in 

the order in which conforming laws are 

enacted or the 85 percent use rate is 

achieved for 2 consecutive calendar 

years, respectively. For purposes of 

determining the order of grant awards, 

a New Primary Law State will be 

deemed to have enacted its law on the 

date it becomes effective (because 

SAFETEA–LU requires the law to be ‘‘in 

effect’’) and a Safety Belt Performance 

State will be deemed to have achieved 

its safety belt use rate on December 31 

of the second of the two consecutive 

calendar years for which it submits its 

safety belt use rates (because SAFETEA–

LU and the Uniform Criteria at 23 CFR 

part 1340 allow for the measurement of 

safety belt use rates throughout the 

calendar year). Subject to the 

availability of funds in each fiscal year, 

NHTSA will award grants to New 

Primary Law States and Safety Belt 

Performance States based on the date 

they were deemed to achieve 

compliance. If necessary due to funding 

constraints, Safety Belt Performance 

States will receive awards in descending 

order of the safety belt use rate achieved 

during the second of the two 

consecutive calendar years on which the 

award is based. 

SAFETEA–LU provides for a ‘‘CatchUp’’ grant in the next fiscal year to any 

New Primary Law State or Safety Belt 

Performance State that did not receive a 

grant due to a shortfall in available 

funds, provided the State’s primary 

safety belt use law remains in effect or 

its safety belt use rate remains at 85 

percent or more in the calendar year 

preceding the fiscal year of the CatchUp grant. Subject to these conditions, 

should funds be exhausted before 

NHTSA has fully funded all New 

Primary Law State grants and Safety 

Belt Performance State grants in a fiscal 

year, these shortfall States will receive 

Catch-Up awards before any new grants 

are awarded in the following fiscal year. 

After awards have been made to all 

qualifying New Primary Law States 

(and, beginning in FY 2008, to all Safety 

Belt Performance States) in a fiscal year, 

including all Catch-Up awards, NHTSA 

will award any remaining funds in that 

fiscal year to Pre-2003 Primary Law 

States. SAFETEA–LU provides that 

these awards may be made in ‘‘annual 

installments.’’ Therefore, if remaining 

amounts are insufficient to fully fund 

the Pre-2003 Primary Law States, 

NHTSA intends to provide each such 

State a share of the available funds (up 

to the maximum for which the State 

qualifies) based on the ratio of the 

State’s fully-funded grant to the total 

grant funds for which these States 

collectively qualify (consistent with 

SAFETEA–LU’s requirement that a grant 

be made to ‘‘each State’’). A Pre-2003 

Primary Law State may continue to 

receive annual installment awards only 

as long as it remains in compliance with 

the award criteria. 

In the event that funds remain in the 

Section 406 program after all qualifying 

States have been fully funded in FY 

2009, including Catch-Up grants and 

completion of annual installments, 

SAFETEA–LU provides that those 

amounts are to be allocated among all 

States that have in effect and are 

enforcing conforming primary safety 

belt use laws. SAFETEA–LU further 

provides that the allocations are to be 

made in accordance with the formula 

for apportioning funds to the States 

under Section 402. 

Eligible Uses of Grant Funds 

As prescribed by SAFETEA–LU, grant 

funds awarded under Section 406 may 

be used for any safety purpose under 

Title 23, United States Code, including 

behavioral and infrastructure safety 

programs, or for any project that corrects 

or improves a hazardous roadway 

location or feature or proactively 

addresses highway safety problems, 

including: 

• Intersection improvements; 

• Pavement and shoulder widening; 

• Installation of rumble strips and 

other warning devices; 

• Improving skid resistance; 

• Improvements for pedestrian or 

bicyclist safety; 

• Railway-highway crossing safety; 

• Traffic calming; 

• The elimination of roadside 

obstacles; 

• Improving highway signage and 

pavement marking; 

• Installing priority control systems 

for emergency vehicles at signalized 

intersections; 

• Installing traffic control or warning 

devices at locations with high accident 

potential; 

• Safety conscious planning; and, 

• Improving crash data collection and 

analysis. 

SAFETEA–LU stipulates that each 

State that receives a Section 406 grant 

must expend at least $1 million of those 

funds for safety activities under 23 

U.S.C. Chapter 4, which are 

administered by HTSA, and a State that 

receives full funding must meet this 

requirement. If a State receives less than 

the full grant to which it is entitled in 

a fiscal year and receives later catch-up 

grants or installments, the State may, at 

its election, pro-rate the amount spent 

on safety activities under 23 U.S.C. 

Chapter 4 across the fiscal years during 

which the grant is paid out. 

States are encouraged to consult the 

Strategic Highway Safety Plan, 

developed and implemented in 

accordance with 23 U.S.C. 148, when 

determining the uses of these grant 

funds. 


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Financial Accounting and 

Administration 

Within 30 days after notification of 

award, but in no event later than 

September 12, States must submit a 

letter to the appropriate NHTSA 

Regional Administrator and FHWA 

Division Administrator, signed by both 

the Governor’s Representative for 

Highway Safety and the Chief Executive 

of the State’s Department of 

Transportation, specifying how the State 

intends to split the funds between 

behavioral highway safety programs 

administered by NHTSA and Federalaid highway safety programs 

administered by FHWA, provided that 

at least $1 million of the funds (or a prorated amount, as noted above) must be 

identified for behavioral highway safety 

activities. The funds identified for 

Federal-aid highway safety programs 

will be provided to FHWA to 

administer. (The letter to the Regional 

and Division Administrators is 

necessary to ensure proper accounting 

for the federal funds.) Within that time 

period, States must also submit 

electronically to the agency a program 

cost summary (HS Form 217) obligating 

the NHTSA-administered funds to 

programs authorized under 23 U.S.C. 

406. Submission of the letter to NHTSA/ 

FHWA Regional and Division 

Administrators and the NHTSA program 

cost summary is a precondition to 

receiving grant funds. The Federal share 

of programs funded under this Section 

shall be 100 percent. 

Reporting Requirements 

Each fiscal year until all Section 406 

grant funds are expended, States should 

carefully document how they intend to 

use the NHTSA-administered funds in 

the Highway Safety Plan they submit 

pursuant to 23 U.S.C. 402 (or in an 

amendment to that plan) and detail the 

program activities accomplished in the 

Annual Report they submit pursuant to 

23 CFR 1200.33. 

Each fiscal year until all Section 406 

grant funds are expended, States should 

carefully document how they intend to 

use the FHWA-administered funds in 

the States’ program of projects and 

strategies to reduce identified safety 

problems pursuant to 23 U.S.C. 148 and 

detail the program activities 

accomplished in the annual report they 

submit pursuant to 23 U.S.C. 148(g). 

BILLING CODE 4910–59–P 


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4206 Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices 

Issued on: January 19, 2006. 

Jacqueline Glassman, 

Deputy Administrator. 

[FR Doc. 06–718 Filed 1–24–06; 8:45 am] 

BILLING CODE 4910–59–C 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Notice of Applications for Modification 

of Special Permit 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration, DOT. 

ACTION: List of Applications for 

Modification of Special Permit. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the department of 

Transportation’s Hazardous Material 

Regulations (49 CFR Part 107, Subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the application described 

herein. This notice is abbreviated to 

expedite docketing and public notice. 

Because the sections affected, modes of 

transportation, and the nature of 

application have been shown in earlier 

Federal Register publications, they are 

not repeated here. Request of 

modifications of special permits e.g. to 

provide for additional hazardous 

materials, packaging design changes, 

additional mode of transportation, etc.) 

are described in footnotes to the 

application number. Application 

numbers with the suffix ‘‘M’’ demote a 

modification request. There applications 

have been separated from the new 

applications for special permits to 

facilitate processing. 

DATES: Comments must be received on 

or before February 9, 2006. 

ADDRESSES: Record Center, Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

Nassif Building, 400 7th Street, SW., 

Washington, DC, or at http:// 

dms.dot.gov. 

This notice of receipt of applications 

for modification of special permits is 

published in accordance with Part 107 

of the Federal hazardous materials 

transportation law (49 U.S.C. 5117(b); 

49 CFR 1.53(b)). 

Issued in Washington, DC, on January 18, 

2006. 

R. Ryan Posten, 

Chief, Special Permits Program, Office of 

Hazardous Materials, Special Permits & 

Approvals. 

Application 

No. Docket No. Applicant Regulation(s) affected 

Modification of 

special permit Nature of special permit thereof 

Modification Special Permits 

11579–M ....... Dyno Nobel, Inc. Salt 

Lake City, UT.

49 CFR 

177.848(e)(2); 

177.848(g)(3).

11579 To modify the special permit to authorize 

the transportation of additional Class 8 

materials in non-DOT specification metal 

containers. 

11691–M ....... Sensient Flavors, Inc. 

Indianapolis, IN.

49 CFR 176.83(d); 

176.331; 

176.800(a).

11691 To modify the special permit to update a 

proper shipping description and authorize 

the transportation of a Class 9 material 

with Class 3 and Class 8 materials not 

subject to the segregation requirements 

for vessel storage when shipped in the 

same transport vehicle. 

12844–M ....... Delphi Corporation 

Vandalia, OH.

49 CFR 173.301(h); 

173.302(a); 175.3.

12844 To modify the special permit to authorize 

an increase in maximum service pressure of the non-DOT specification cylinder design. 

12920–M ....... Epichem, Inc. Haverhill, MA.49 CFR 173.181(c) ... 12920 To modify the special permit to authorize 

VCR connections and allow both the 10 

and 20 liter drums to be made of 304 or 

316 stainless steel. 

14183–M ....... LND, Inc. Oceanside, 

NY.

49 CFR 173.302a, 

172.101(9A).

14183 To modify the special permit to authorize 

additional design types, reduce the minimum volumetric capacity of certain design types, and authorize titanium as an 

additional material of construction. 

14282–M ....... Dyno Nobel Transportation, Inc. Salt 

Lake City, UT.

49 CFR 173.835(g) .. 14282 To reissue the special permit originally 

issued on an emergency basis for the 

transportation in commerce of certain 

detonators and detonator assemblies on 

the same motor vehicle with other Class 

1 explosives when they are in separate 

and isolated cargo-carrying compartments powered by the same tractor. 


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