[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28747-28750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14258]
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DEPARTMENT OF TRANSPORTATION
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-of-Funds Procedures
AGENCIES: National Highway Traffic Safety Administration (NHTSA) and
Federal Highway Administration (FHWA).
ACTION: Final rule.
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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 Federal-aid highway programs to its apportionment under the section
402
[[Page 28748]]
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 non-compliance 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.
[[Page 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-OF-FUNDS 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:
Sec. 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:
Sec. 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 Sec. 1215.3, the definition of ``motorcycle'' is removed and
a new definition is added after the definition of ``safety belt,'' to
read as follows:
Sec. 1215.3 Definitions.
* * * * *
Secretary means the Secretary of Transportation.
6. Section 1215.4 is revised to read as follows:
Sec. 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
Sec. 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 Sec. 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:
Sec. 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 Sec. 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:
Sec. 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 Sec. 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 Sec. 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:
Sec. 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 Sec. 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.
[[Page 28750]]
(b) For New Hampshire or Maine, except as provided in
Sec. 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 Sec. 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 Sec. 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]
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