Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations 28747

Paperwork Reduction Act

This action does not contain a

collection of information requirement

for purposes of the Paperwork

Reduction Act of 1995, 44 U.S.C. 3501

et seq.

National Environmental Policy Act

The agencies have analyzed this rule

for the purpose of the National

Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) and have

determined that it will not have any

significant impact on the quality of the

human environment.

Executive Order 12612 (Federalism

Assessment)

This rule has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

this action does not have sufficient

federalism implications to warrant the

preparation of a federalism assessment.

Accordingly, the preparation of a

Federalism Assessment is not

warranted.

List of Subjects in 23 CFR Part 1206

Grant programs—transportation,

Highway safety.

In accordance with the foregoing, Part

1206 of Title 23 of the Code of Federal

Regulations is revised to read as follows:

PART 1206—RULES OF PROCEDURE

FOR INVOKING SANCTIONS UNDER

THE HIGHWAY SAFETY ACT OF 1966

Sec.

1206.1 Scope

1206.2 Purpose

1206.3 Definitions

1206.4 Sanctions

1206.5 Review process.

Authority: 23 U.S.C. 402; delegation of

authority at 49 CFR 1.48 and 1.50.

§ 1206.1 Scope.

This part establishes procedures

governing determinations to invoke the

sanctions applicable to any State that

does not comply with the highway

safety program requirements in the

Highway Safety Act of 1966, as

amended (23 U.S.C. 402).

§ 1206.2 Purpose.

The purpose of this part is to

prescribe procedures for determining

whether and the extent to which the 23

U.S.C. 402 sanctions should be invoked,

and to ensure that, should sanctions be

proposed to be invoked against a State,

the State has a full and fair opportunity

to be heard on the issues involved.

§ 1206.3 Definitions.

As used in this part:

(a) Administrators means the

Administrators of the Federal Highway

Administration and the National

Highway Traffic Safety Administration.

(b) Highway safety program means an

approved program in accordance with

23 U.S.C. 402, which is designed by a

State to reduce traffic accidents, and

death, injuries and property damage

resulting therefrom.

(c) Implementing means both having

and putting into effect an approved

highway safety program.

§ 1206.4 Sanctions.

(a) The Administrators shall not

apportion any funds under 23 U.S.C.

402 to any State which is not

implementing a highway safety

program.

(b) If the Administrators have

apportioned funds to a State and

subsequently determine that the State is

not implementing a highway safety

program, the Administrators shall

reduce the funds apportioned under 23

U.S.C. 402 to the State by amounts equal

to not less than 50 per centum, until

such time as the Administrators

determine that the State is

implementing a highway safety

program.

(c) The Administrators shall consider

the gravity of the State’s failure to

implement a highway safety program in

determining the amount of the

reduction.

(d) If the Administrators determine

that a State has begun implementing a

highway safety program before the end

of the fiscal year for which the funds

were withheld, they shall promptly

apportion to the State the funds

withheld from its apportionment.

(e) If the Administrators determine

that the State did not correct its failure

before the end of the fiscal year for

which the funds were withheld, the

Administrators 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 30

days after such determination.

§ 1206.5 Review process.

(a) In any fiscal year, if the

Administrators determine, based on a

preliminary review, that a State is not

implementing a highway safety program

in accordance with 23 U.S.C. 402, the

Administrators shall issue jointly to the

State an advance notice, advising the

State that the Administrators expect 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

Administrators shall state the amount of

the expected withholding or reduction.

The advance notice will normally be

sent not later than ninety days prior to

final apportionment.

(b) If the Administrators issue an

advance notice to a State, based on a

preliminary review, the State may,

within 30 days of its receipt of the

advance notice, submit documentation

demonstrating that it is implementing a

highway safety program. Documentation

shall be submitted to the Administrator

for NHTSA, 400 Seventh Street SW,

Washington, D.C. 20590.

(c) If the Administrators decide, after

reviewing all relevant information, that

a State is not implementing a highway

safety program in accordance with 23

U.S.C. 402, they 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 apportioned funds being reduced

under 23 U.S.C. 402 and the amount of

the withholding or reduction. The final

notice of a withholding will normally be

issued on October 1. The final notice of

a reduction will be issued at the time of

a final decision.

Issued on: May 31, 1996.

Rodney E. Slater,

Administrator, Federal Highway

Administration.

Ricardo Martinez,

Administrator, National Highway Traffic

Safety Administration.

[FR Doc. 96–14257 Filed 6–5–96; 8:45 am]

BILLING CODE 4910–59–P

National Highway Traffic Safety

Administration

Federal Highway Administration

23 CFR Part 1215

[Docket No. 92–40; Notice 3]

RIN 2127–AG23

Use of Safety Belts and Motorcycle

Helmets; Compliance and Transfer-ofFunds Procedures

AGENCIES: National Highway Traffic

Safety Administration (NHTSA) and

Federal Highway Administration

(FHWA).

ACTION: Final rule.

SUMMARY: This rule implements

portions of the National Highway

System Designation Act of 1995 that

changed the transfer-of-funds provisions

contained in section 153 of title 23,

United States Code. As amended,

section 153 subjects a State to a transfer

of funds apportioned under its Federalaid highway programs to its

apportionment under the section 402
28748 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations

highway safety program if the State fails

to enact safety belt use legislation. There

is no longer a requirement that a State

also enact motorcycle helmet use

legislation in order to avoid the transfer

of funds. Maine and New Hampshire are

provided alternative compliance criteria

to avoid the transfer of funds. This rule

amends the existing regulation

concerning determinations of

compliance and transfers of funds to

reflect these statutory changes.

EFFECTIVE DATE: June 6, 1996.

FOR FURTHER INFORMATION CONTACT: In

NHTSA, Gary Butler, Office of State and

Community Services, Room 5238,

NHTSA, 400 Seventh Street, SW,

Washington, D.C., 20590 (202–366–

2674) or John Donaldson, Office of the

Chief Counsel, Room 5219, NHTSA, 400

Seventh Street, SW, Washington, D.C.,

20590 (202–366–1834). In FHWA, Mila

Plosky, Office of Highway Safety, Room

3407, FHWA, 400 Seventh Street, SW,

Washington, D.C., 20590 (202–366–

6902) or Raymond Cuprill, Office of the

Chief Counsel, Room 4217, FHWA, 400

Seventh Street, SW, Washington, D.C.,

20590 (202–366–0834).

SUPPLEMENTARY INFORMATION:

Background

On November 28, 1995, Congress

enacted the National Highway System

Designation Act of 1995 (NHS), Pub.

Law 104–59. Section 205(e) of the NHS

amended Section 153(h) of title 23,

United States Code, changing the

circumstances giving rise to a transfer of

funds. Prior to the amendment, Section

153(h) provided that a State that failed

to put into effect both motorcycle

helmet use and safety belt use

legislation would be subject to a transfer

of certain funds apportioned under the

State’s Federal-aid highway programs to

its apportionment under the Section 402

program. Section 205(e) of the NHS

removed the requirement that a State

must enact motorcycle helmet use

legislation in order to avoid the transfer

of funds. As amended, Section 153

continues to require State enactment of

safety belt use legislation, and provides

for a transfer of funds if a State does not

maintain in effect ‘‘a law which makes

unlawful throughout the State the

operation of a passenger vehicle

whenever an individual in a front seat

of the vehicle (other than a child who

is secured in a child restraint system)

does not have a safety belt properly

fastened about the individual’s body.’’

Section 205(e) of the NHS has an

effective date of September 30, 1995.

Under 23 U.S.C. 153(h)(2), as amended

by section 205(e), the transfer provision

remains the same as before, but applies

only in the absence of safety belt use

legislation. (A parallel amendment to 23

U.S.C. 153(h)(1) is not treated in this

notice as it has no applicability beyond

FY 1995.) A State failing to have in

effect a safety belt use law throughout

a fiscal year will experience a transfer,

in the succeeding fiscal year, of three

percent of the funds apportioned to the

State’s Federal-aid highway programs

under each of subsections 104(b)(1),

(b)(2), and (b)(3) of title 23, United

States Code, to the State’s highway

safety program apportionment under

section 402 of that title.

In accordance with the provisions of

Section 205(e) of the NHS, today’s

notice removes all references and

requirements concerning motorcycle

helmet use legislation from the

regulation implementing Section 153. In

addition, outdated provisions

concerning previous fiscal years are

deleted, consistent with the President’s

direction that the nation’s regulatory

system be overhauled and streamlined.

Other portions of the regulation,

including those describing compliance

criteria and exemptions (insofar as they

apply to safety belt use legislation) and

the purposes for which transferred

funds may be used remain unchanged.

Section 355 of the NHS created

alternative compliance criteria available

only to the States of New Hampshire

and Maine, by which these States might

avoid a transfer of funds due to noncompliance with the provisions of 23

U.S.C. 153. Section 355 provides that

New Hampshire and Maine are each to

be deemed in compliance with Section

153 upon certification by the Secretary

of Transportation that the State has

achieved a safety belt use rate ‘‘in each

of fiscal years 1995 and 1996, of not less

than 50 percent’’ and ‘‘in each fiscal

year thereafter of not less than the

national average safety belt use rate, as

determined by the Secretary.’’ Section

355 additionally provides that if New

Hampshire or Maine ‘‘continues in

effect’’ a safety belt use law within 60

days after the section’s enactment, the

State is to be treated as if the law were

in effect as of September 30, 1995.

(Maine has enacted legislation satisfying

this timeliness requirement, and will

not be subject to the safety belt use rate

requirements provided the legislation is

continued in effect.) Finally, Section

355 provides for a reservation of funds

prior to the transfer. These alternative

compliance criteria and procedures are

also addressed in today’s notice.

Rulemaking Analyses and Notices

(a) Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The agencies have not reviewed this

rulemaking document under Executive

Order 12866. This action has been

determined to be not ‘‘significant’’

under the Department of

Transportation’s regulatory policies and

procedures.

(b) Regulatory Flexibility Act (Pub. L.

96–354)

In compliance with the Regulatory

Flexibility Act, the agencies have

evaluated the effects of this action on

small entities, and certify that this

action will not have a significant

economic impact on a substantial

number of small entities. Accordingly,

the preparation of a Regulatory

Flexibility Analysis is unnecessary.

(c) Executive Order 12612 (Federalism

Assessment)

The agencies have analyzed this

action in accordance with Executive

Order 12612, and have determined that

it does not have federalism implications

warranting the preparation of a

federalism assessment. The action

implements new legislation which

reduces Federal requirements imposed

on the States.

(d) Paperwork Reduction Act of 1980

(44 U.S.C. 3501 et seq.)

This action does not affect a

collection of information requirement,

for purposes of the Paperwork

Reduction Act.

(e) National Environmental Policy Act

(42 U.S.C. 4321 et seq.)

The agencies have reviewed this

action for purposes of the National

Environmental Policy Act, and

determined that it will not have a

significant effect on the quality of the

human environment.

(f) Executive Order 12778 (Civil Justice

Reform)

This action does not have any

preemptive effect, and the only

retroactive effect is one that removes a

Federal requirement. It imposes no

requirements on the States, but rather

deletes provisions that are obsolete and

removes restrictions on the States that

have been rescinded by new legislation.

The enabling legislation does not

establish a procedure for judicial review

of final rules promulgated under its

provisions. There is no requirement that

individuals pursue administrative

remedies prior to filing suit in court.
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations 28749

(g) Notice and Comment

The agencies find that prior notice

and opportunity for comment are

unnecessary under 5 U.S.C. 553(b)(3)(B)

because the agencies are not exercising

discretion in a way that could be

meaningfully affected by public

comment. The amendments made by

this action merely remove restrictions

on the States, as mandated by new

legislation, and delete provisions that

are obsolete. Therefore, notice and

opportunity for comment are not

required under the regulatory policies

and procedures of the Department of

Transportation. In addition, good cause

exists to dispense with the 30-day

delayed effective date requirement of 5

U.S.C. 553(d) because this final rule

‘‘grants or recognizes an exemption or

relieves a restriction’’ in accordance

with 5 U.S.C. 553(d)(1).

List of Subjects in 23 CFR Part 1215

Grant programs—Transportation,

Highway safety.

For the reasons set forth in the

preamble, Part 1215 of Title 23 of the

Code of Federal Regulations is amended

to read as follows:

PART 1215—USE OF SAFETY BELTS

AND MOTORCYCLE HELMETS—

COMPLIANCE AND TRANSFER-OFFUNDS PROCEDURES

1. The authority citation for part 1215

is revised to read as follows:

Authority: 23 U.S.C. 153; Secs. 205(e) and

355, Pub. L. 104–59; delegations of authority

at 49 CFR 1.48 and 1.50.

2. The heading to part 1215 is revised

to read as follows:

PART 1215—USE OF SAFETY

BELTS—COMPLIANCE AND

TRANSFER-OF-FUNDS PROCEDURES

3. Section 1215.1 is revised to read as

follows:

§ 1215.1 Scope.

This part establishes criteria, in

accordance with 23 U.S.C. 153, as

amended, and Section 355 of the

National Highway System Designation

Act of 1995, for determining compliance

with the requirement that States not

having safety belt use laws be subject to

a transfer of Federal-aid highway

apportionments under 23 U.S.C. 104

(b)(1), (b)(2), and (b)(3) to the highway

safety program apportionment under 23

U.S.C. 402.

4. Section 1215.2 is revised to read as

follows:

§ 1215.2 Purpose.

This part clarifies the provisions

which a State must incorporate into its

safety belt law to prevent the transfer of

a portion of its Federal-aid highway

funds to the section 402 highway safety

program apportionment, describes

notification and transfer procedures,

establishes parameters for the use of

transferred funds, and provides

alternate compliance criteria for New

Hampshire and Maine.

5. In § 1215.3, the definition of

‘‘motorcycle’’ is removed and a new

definition is added after the definition

of ‘‘safety belt,’’ to read as follows:

§ 1215.3 Definitions.

* * * * *

Secretary means the Secretary of

Transportation.

6. Section 1215.4 is revised to read as

follows:

§ 1215.4 Compliance criteria.

(a) Except as provided in paragraphs

(c) or (d) of this section, in order to

avoid the transfer or reservation (as

applicable) specified in § 1215.7, a State

must have and continue in effect at all

times during the fiscal year a law which

makes unlawful throughout the State

the operation of a passenger vehicle

whenever an individual in a front seat

of the vehicle (other than a child who

is secured in a child restraint system)

does not have a safety belt properly

fastened about the individual’s body.

(b) A State that enacts the law

specified in paragraph (a) of this section

will be determined to comply with 23

U.S.C. 153, provided that any

exemptions are consistent with § 1215.5.

(c) If New Hampshire or Maine enacts

a law described in paragraph (a) of this

section by January 27, 1996, the State

shall be deemed as having that law in

effect on September 30, 1995.

(d)(1) If the Secretary certifies in a

fiscal year that New Hampshire or

Maine has achieved the safety belt use

rate specified in paragraph (d)(2) of this

section, the State shall be considered as

complying with the provisions of

paragraph (a) of this section.

(2) The safety belt use rate must be

not less than 50 percent in each of fiscal

years 1995 and 1996, and not less than

the national average as determined by

the Secretary in each fiscal year

thereafter.

7. Section 1215.5 is revised to read as

follows:

§ 1215.5 Exemptions.

(a) Safety belt use laws exempting

persons with medical excuses, persons

in emergency vehicles, persons in the

custody of police, persons in public and

livery conveyances, persons in parade

vehicles, persons in positions not

equipped with safety belts, and postal,

utility and other commercial drivers

who make frequent stops in the course

of their business shall be deemed to

comply with 23 U.S.C. 153.

(b) Safety belt use laws exempting

vehicles equipped with air bags shall be

deemed not to comply with 23 U.S.C.

153.

(c) An exemption not identified in

paragraph (a) of this section shall be

deemed to comply with 23 U.S.C. 153

only if NHTSA and FHWA determine

that it is consistent with the intent of

§ 1215.4(a), and applies to situations in

which the risk to occupants is very low

or in which there are exigent

justifications.

8. Section 1215.6 is revised to read as

follows:

§ 1215.6 Review and notification of

compliance status.

Review of each State’s laws and

notification of compliance status shall

occur each fiscal year, in accordance

with the following procedures:

(a) NHTSA and FHWA will review

appropriate State laws for compliance

with 23 U.S.C. 153. States initially

found to be in non-compliance will be

notified of such finding and of funds

expected to be transferred or reserved

(as applicable) under § 1215.7, through

the advance notice of apportionments

required under 23 U.S.C. 104(e),

normally not later than ninety days

prior to final apportionment.

(b) A State notified of non-compliance

under paragraph (a) of this section may,

within 30 days after its receipt of the

advance notice of apportionments,

submit documentation showing why it

is in compliance to the Associate

Administrator for State and Community

Services, NHTSA, 400 Seventh Street,

SW, Washington, D.C., 20950.

(c) Each fiscal year, States determined

to be in non-compliance with 23 U.S.C.

153 will receive notice of the funds

being transferred or reserved (as

applicable) under § 1215.7, through the

certification of apportionments required

under 23 U.S.C. 104(e), normally on

October 1.

9. Section 1215.7 is revised to read as

follows:

§ 1215.7 Transfer of funds

(a) Except as provided in paragraph

(b) of this section, if at any time in a

fiscal year beginning after September 30,

1994, a State does not have in effect a

law described in § 1215.4(a), the

Secretary shall transfer 3 percent of the

funds apportioned to the State for the

succeeding fiscal year under 23 U.S.C.

104 (b)(1), (b)(2) and (b)(3) to the

apportionment of the State under 23

U.S.C. 402.
28750 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations

(b) For New Hampshire or Maine,

except as provided in § 1215.4(c), if at

any time in a fiscal year beginning after

September 30, 1994, the State does not

have in effect a law described in

§ 1215.4(a), the Secretary shall reserve 3

percent of the funds to be apportioned

to the State for the succeeding fiscal

year under 23 U.S.C. 104 (b)(1), (b)(2)

and (b)(3) if the Secretary has not

certified, in accordance with

§ 1215.4(d), that the State has achieved

the applicable safety belt use rate.

(c) If, at the end of a fiscal year in

which the funds are reserved for New

Hampshire or Maine under paragraph

(b) of this section, the Secretary has not

certified that the State achieved the

applicable safety belt use rate, the

Secretary shall transfer the funds

reserved from the State to the

apportionment of the State under 23

U.S.C. 402.

(d) Any obligation limitation existing

on transferred funds prior to the transfer

will apply, proportionately, to those

funds after transfer.

Issued on: May 31, 1996.

Rodney E. Slater,

Administrator, Federal Highway

Administration.

Ricardo Martinez,

Adminstrator, National Highway Traffic

Safety Administration

[FR Doc. 96–14258 Filed 6–5–96; 8:45 am]

BILLING CODE 4910–59–P

Federal Highway Administration

23 CFR Part 1230

[NHTSA Docket No. 95–83; Notice 1]

RIN 2127–AG10

Highway Safety Program Standards—

Applicability to Federally Administered

Areas

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Federal Highway Administration

(FHWA), Department of Transportation

(DOT).

ACTION: Final rule.

SUMMARY: This final rule removes Part

1230 from title 23 of the Code of Federal

Regulations (CFR). Part 1230 made the

uniform highway safety standards,

which were promulgated under 23

U.S.C. 402, applicable to federally

administered areas where a Federal

department or agency controlled the

highways or supervised traffic

operations. This regulation is being

removed because 23 U.S.C. 402 was

amended to provide that the Highway

Safety Program Standards be changed to

Guidelines. The FHWA and NHTSA

will be working with appropriate

Federal lands managing agencies to

develop procedures and agreements for

carrying out the intent of 23 U.S.C. 402,

as amended.

EFFECTIVE DATE: July 8, 1996.

FOR FURTHER INFORMATION CONTACT: In

NHTSA: Mr. Gary Butler, Office of State

and Community Services, National

Highway Traffic Safety Administration,

400 Seventh Street, S.W., Washington,

D.C. 20590, telephone (202) 366–2121;

or Ms. Sharon Y. Vaughn, Office of

Chief Counsel, Room 5219, National

Highway Traffic Safety Administration,

400 Seventh Street, S.W., Washington,

D.C. 20590, telephone (202) 366–1834.

In FHWA: Ms. Mila Plosky, Office of

Highway Safety, Federal Highway

Administration, 400 Seventh Street,

S.W., Washington, D.C. 20590,

telephone (202) 366–6902; or Mr. Paul

Brennan, Office of Chief Counsel,

Federal Highway Administration, 400

Seventh Street, S.W., Washington, D.C.

20590, telephone (202) 366–0834.

SUPPLEMENTARY INFORMATION: On March

4, 1995, President Clinton directed all

Federal Departments and agencies to

take four steps to overhaul the nation’s

regulatory system. The first step was to

conduct a page-by-page review of all

agency regulations now in force and

eliminate or revise those that are

outdated or otherwise in need of reform.

The review was to include careful

consideration of a number of issues,

including whether the regulation is

obsolete, whether its intended goal can

be achieved in more efficient less

intrusive ways, or whether States or

local governments can do the job

(making Federal regulation

unnecessary).

NHTSA and FHWA conducted a

thorough, page-by-page review of all

agency regulations, including those that

pertain to State and community

highway safety programs.

As a result of these efforts, NHTSA

and FHWA have determined that Part

1230 should be removed from title 23 of

the Code of Federal Regulations (CFR),

because the underlying statutory basis

for the requirements, 23 U.S.C. 402, has

been amended to provide that the

uniform highway standards be changed

to uniform highway safety guidelines.

Section 402 of the Highway Safety Act

of 1966, 23 U.S.C. 402, was enacted on

September 9, 1966. It provided that:

Each State shall have a highway safety

program approved by the Secretary, designed

to reduce traffic accidents and deaths,

injuries and property damage resulting

therefrom. Such programs shall be in

accordance with uniform standards

promulgated by the Secretary.

Section 402 provided further that:

Such standards as are applicable to State

highway safety programs shall, to the extent

determined appropriate by the Secretary, be

applicable to federally administered areas

where a Federal department or agency

controls the highways or supervises traffic

operations.

By 1972, the agencies had

promulgated 18 uniform highway safety

standards and, on July 13, 1973 (38 FR

18665), the agencies promulgated Part

1230, which made these uniform

standards applicable to federally

administered areas where a Federal

department or agency controlled the

highways or supervised traffic

operations.

Part 1230 stated that its purpose was

to ensure that the uniform standards

established to regulate highway safety

activities were applied uniformly

throughout the United States to those

highways and activities that were

administered by Federal agencies.

Section 206 of the Surface

Transportation and Uniform Relocation

Assistance Act of 1987, Public Law 100–

17, amended U.S.C. 402 by changing the

term ‘‘standards’’ to ‘‘guidelines.’’

However, the statutory amendment,

which required that the standards be

changed to guidelines in no way

diminishes the integrity and significant

importance of the national highway

safety program.

Pursuant to Section 402, such

guidelines as are applicable to State

highway safety programs shall, to the

extent determined appropriate by the

Secretary of Transportation, be

applicable to federally administered

areas where a Federal department or

agency controls the highways or

supervises traffic operations.

To ensure the continued operation of

this program, the FHWA and NHTSA

will meet with representatives of

Federal lands managing agencies to

develop agreements for carrying out the

provisions of 23 U.S.C. 402. This

activity will include updating any

existing agreements between the U.S.

Department of Transportation and the

Federal lands managing agencies. In

addition, the FHWA and NHTSA have

developed the Highway Safety Grant

Management Manual which includes a

chapter on Uniform Guidelines for State

Highway Safety programs. This

information will be made available to

Federal lands managing agencies.