[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Proposed Rules]
[Pages 9121-9125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5133]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Federal Highway Administration
23 CFR Part 1210
[NHTSA Docket No. 96-007; Notice 1]
RIN 2127-AG20
Operation of Motor Vehicles by Intoxicated Minors
AGENCY: National Highway Traffic Safety Administration (NHTSA) and
Federal Highway Administration (FHWA), Department of Transportation
(DOT).
ACTION: Notice of Proposed Rulemaking (NPRM).
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SUMMARY: This notice proposes to implement a new program enacted by the
National Highway System Designation (NHS) Act of 1995, which provides
for the withholding of Federal-aid highway funds from any State that
does not enact and enforce a ``zero tolerance'' law. This notice
solicits comments on a proposed regulation to clarify what States must
do to avoid the withholding of funds.
DATES: Comments must be received by April 22, 1996.
ADDRESSES: Written comments should refer to the docket number and the
number of this notice and be submitted (preferably in ten copies) to:
Docket Section, National Highway Traffic Safety Administration, Room
5109, Nassif Building, 400 Seventh Street, S.W., Washington, D.C.
20590. (Docket hours are from 9:30 a.m. to 4 p.m.)
FOR FURTHER INFORMATION CONTACT: In NHTSA: Ms. Marlene Markison, Office
of State and Community Services, NSC-01, telephone (202) 366-2121; or
Ms. Heidi L. Coleman, Office of Chief Counsel, NCC-30, telephone (202)
366-1834.
In FHWA: Ms. Mila Plosky, Office of Highway Safety, HHS-20,
telephone (202) 366-6902; or Mr. Raymond W. Cuprill, HCC-20, telephone
(202) 366-0834.
SUPPLEMENTARY INFORMATION: The National Highway System Designation
(NHS) Act of 1995, Pub. L. 104-59, was signed into law on November 28,
1995. Section 320 of the Act established a new Section 161 of Title 23,
United States Code (Section 161), which requires the withholding of
certain Federal-aid highway funds from States that do not enact and
enforce ``zero tolerance'' laws. Section 161 provides that these ``zero
tolerance'' laws must consider an individual under the age of 21 who
has a blood alcohol concentration of 0.02 percent or greater while
operating a motor vehicle in the State, to be driving while intoxicated
or driving under the influence of alcohol.
In a letter to Senator Robert Byrd, who sponsored the zero
tolerance legislation, President Clinton stated:
Drinking and driving by young people is one of the nation's most
serious threats to public health and public safety. I am deeply
concerned about this ongoing tragedy which kills thousands of young
people every year. It's against the law for young people to drink.
It should be against the law for young people to drink and drive. *
* *
A decade ago, we decided as a nation that the minimum drinking
age should be 21. In 1984, President Reagan signed bipartisan
legislation to achieve this goal, and today all 50 states have
enacted such laws. Our efforts are paying off--drunk driving among
people under 21 have been cut in half since 1984.
But we must do more. * * * If all states had [''zero
tolerance''] laws hundreds more lives could be saved and thousands
of injuries could be prevented.
Senator Byrd stated, when he introduced the legislation:
My amendment builds upon one of the most important--and
successful--Federal initiatives related to alcohol and minors--a
1984 requirement that States adopt laws prohibiting the possession
or purchase of alcohol by anyone younger than twenty-one years of
age * * *
NHTSA has estimated that the 21-year-old drinking age has saved
8400 lives since 1984. Further, in 1993, * * * the 21-year-old
drinking age requirement is estimated to have saved $1.8 billion in
economic costs to our society * * *
The Congress should now take the next step, and explicitly
state, as a matter of law, that minors are not allowed to drink and
drive. My amendment is simple and straight forward--since it is
illegal for minors under the age of 21 to * * * publicly possess
or purchase alcohol--any level of consumption that is coupled with
driving should be treated, under the requirements of each State's
laws, as driving while intoxicated * * *
Under my amendment, the message to that minor is clear: you
cannot drink and drive. Period. And, hopefully, this type of tough
and absolute requirement in the law will encourage our young people
not to drink at all.
Similar sentiments were expressed by Congresswoman Lowey, who
sponsored zero tolerance legislation in the U.S. House of
Representatives.
Adoption of Zero Tolerance Law
Section 161 specifically provides that the Secretary must withhold
from apportionment a portion of Federal-aid highway funds from any
State that does not meet certain statutory requirements. To avoid such
withholding, a State must enact and enforce a law that considers an
individual under the age of 21 who has a blood alcohol concentration of
0.02 percent or greater while operating a motor vehicle in the State,
to be driving while intoxicated or driving under the influence of
alcohol.
Any State that does not enact and enforce a conforming zero
tolerance law will be subject to a withholding from apportionment a
portion of its Federal-aid highway funds. In accordance with Section
161, if a State does not meet the statutory requirements on October 1,
1998, five percent of its FY 1999 Federal-aid highway apportionment
under 23 U.S.C. 104(b)(1), 104(b)(3) and 104(b)(5)(B) shall be withheld
on that date. These sections relate to the National Highway System
(NHS), the
[[Page 9122]]
Surface Transportation Program (STP) and the Interstate System.
If the State does not meet the statutory requirements on October 1,
1999, ten percent of its FY 2000 apportionment will be withheld on that
date. Ten percent will continue to be withheld on October 1 of each
subsequent fiscal year, if the State does not meet the requirements on
those dates.
Compliance Criteria
To avoid the withholding from apportionment of Federal-aid highway
funds, Section 161 provides that a State must enact and enforce:
A law that considers an individual under the age of 21 who has a
blood alcohol concentration of 0.02 percent or greater while
operating a motor vehicle in the State to be driving while
intoxicated or driving under the influence of alcohol.
Section 161 does not define any of these terms, and it does not
contain many details about what conforming State laws must provide. For
example, it does not specify the penalties that must be imposed on
offenders who violate such zero tolerance laws. Since Section 161 does
not prescribe the penalties that must be imposed on offenders who
violate zero tolerance laws, the agencies are proposing not to specify
any minimum penalties in the implementing regulation.
The agencies believe that, while Congress intended to encourage all
States to enact and enforce effective zero tolerance laws, it also
intended to provide States with sufficient flexibility so they could
develop laws that suit the particular conditions that exist in those
States. Accordingly, Section 161 prescribes only a limited number of
basic elements that State laws must meet to avoid the withholding of
Federal-aid highway funds.
In this notice, the agencies propose to define these basic
elements. These elements are described below:
1. Under the Age of 21.
To avoid the withholding of funds, a State must enact and enforce a
zero tolerance law that applies to all persons under the age of 21.
The agencies are aware of four States that currently have laws
under which individuals who have a blood alcohol concentration of 0.02
percent or greater while operating a motor vehicle in the State are
considered to be driving while intoxicated or driving under the
influence of alcohol, only if those individuals are under the age of
18. Since these laws do not apply to individuals between the ages of 18
and 21, they would not conform to the Federal requirement.
2. Blood Alcohol Concentration of 0.02 Percent.
To avoid the withholding of funds, a State must set 0.02 percent as
the legal limit for blood alcohol concentration. States with laws that
set a lower percentage (such as 0.00 percent) as the legal limit would
also conform to the Federal requirement.
The agencies are aware of four States that currently have laws
under which individuals under the age of 21 are considered to be
driving while intoxicated or driving under the influence of alcohol, if
they have a blood alcohol concentration of 0.04 or 0.07 percent. Since
these laws do not reach individuals under the age of 21 who have a
blood alcohol concentration of 0.02 percent, they would not conform to
the Federal requirement.
3. Per Se Law.
To avoid the withholding of funds, a State must consider
individuals under the age of 21 who have a blood alcohol concentration
of 0.02 percent or greater while operating a motor vehicle in the State
to be driving while intoxicated or driving under the influence of
alcohol.
In other words, States must establish a 0.02 ``per se'' law for
persons under the age of 21, that makes driving with a BAC of 0.02
percent or above itself an offense for such persons.
The agencies are aware of one State that currently has a law that
makes it unlawful for persons under the age of 21 to drive while
intoxicated or drive under the influence of alcohol, but provides that
a BAC of 0.02 percent or above is only prima facie evidence of driving
while intoxicated or driving under the influence of alcohol. Since the
law does not make the operation of a motor vehicle by an individual
under the age of 21 with a blood alcohol concentration of 0.02 a ``per
se'' offense, this law would not conform to the Federal requirement.
4. Primary Enforcement.
To avoid the withholding of funds, a State must enact and enforce a
zero tolerance law that provides for primary enforcement.
The agencies are aware of one State that currently has a law under
which individuals under the age of 21 who have a blood alcohol
concentration of 0.02 or greater while operating a motor vehicle in the
State are considered to be driving while intoxicated or driving under
the influence of alcohol. Enforcement of this law, however, may be
accomplished only as a secondary action when the driver of a motor
vehicle has been cited for a violation of some other offense.
Accordingly, this law would not conform to the Federal requirement.
Demonstrating Compliance
Section 161 provides that funds will be withheld from apportionment
from noncomplying States beginning in fiscal year 1999. To avoid the
withholding, each State would be required by this proposed regulation
to submit a certification. Under the agencies' proposal, States would
be required to submit their certifications on or before September 30,
1998, to avoid the withholding from apportionment of FY 1999 funds on
October 1, 1998. The agencies propose to permit (and strongly
encourage) States to submit certifications in advance.
The submission of certifications in advance will enable the
agencies to inform States as quickly as possible whether or not their
laws satisfy the requirements of Section 161 and this regulation, and
will provide States with noncomplying laws an opportunity to take the
necessary steps to meet these requirements before the date for the
withholding of funds.
In addition, it will prevent a State from receiving from the
agencies an initial determination of noncompliance which, as explained
later in this notice, the agencies propose to issue through FHWA's
advance notice of apportionments, normally not later than ninety days
prior to final apportionment (which normally occurs on October 1 of
each fiscal year).
States that are found in noncompliance with these requirements in
any fiscal year would be required to submit a certification to avoid
the withholding of funds from apportionment in the following fiscal
year. To avoid the withholding in that fiscal year, these States would
be required to submit a certification demonstrating compliance before
the last day (September 30) of the previous fiscal year.
Once a State is determined by the agencies to be in compliance with
these requirements, the agencies propose that the State would not be
required to submit certifications in subsequent fiscal years, unless
the State's law had changed. The proposal specifies that it would be
the responsibility of the States to inform the agencies of any such
change in a subsequent fiscal year, by submitting an amendment or
supplement to its certification.
The certifications submitted under this Part would provide the
agencies with the basis for finding States in compliance with the
Operation of Motor Vehicles by Intoxicated Minors requirement. The
agencies are proposing that the certification must consist of a
certifying statement and a copy of the
[[Page 9123]]
State's conforming law. If the State's law were to change, the State
would be required to amend or supplement the State's original
submission.
Notification of Compliance
For each fiscal year, beginning with FY 1999, NHTSA and FHWA
propose to notify States of their compliance or noncompliance with
Section 161, based on a review of certifications received. The agencies
propose that this notification will take place through FHWA's normal
certification of apportionments process. If a State does not submit a
certification or if its certification does not conform to Section 161
and the implementing regulation, the agencies will make an initial
determination that the State does not comply. States that are
determined to be in noncompliance with Section 161 will be advised of
the amount of funds expected to be withheld through FHWA's advance
notice of apportionments, normally not later than ninety days prior to
final apportionment.
Each State determined to be in noncompliance will have an
opportunity to rebut the initial determination. The State will be
notified of the agencies' final determination of compliance or
noncompliance as part of the certification of apportionments, which
normally occurs on October 1 of each fiscal year.
As stated earlier, NHTSA and FHWA expect that States will want to
know as soon as possible whether their laws satisfy the requirements of
Section 161 or they may want assistance in drafting conforming
legislation. In addition, since the agencies propose to issue initial
determinations of noncompliance through FHWA's advance notice of
apportionments, normally not later than ninety days prior to final
apportionment (which normally occurs on October 1 of each fiscal year),
States will want to submit their certifications more than ninety days
before October 1.
States are strongly encouraged to submit certifications in advance,
and to request preliminary reviews and assistance from the agencies.
Requests should be submitted through NHTSA's Regional Administrators,
who will refer these requests to appropriate NHTSA and FHWA offices for
review.
Period of Availability for Funds
Section 161 provides an incremental approach to the withholding of
funds from apportionment for noncompliance. If a State is found to be
in noncompliance on October 1, 1998, the State would be subject to a
five percent withholding of its FY 1999 apportionment on that date. If
a State is found to be in noncompliance on October 1 of any subsequent
fiscal year, beginning with FY 2000, the State would be subject to a
ten percent withholding.
In addition, if a State is found to be in noncompliance in fiscal
years 1999 or 2000, the funds withheld from apportionment to the State
would remain available for apportionment to that State for a period of
time, prescribed in the statute. If a State is found to be in
noncompliance in any subsequent fiscal year, the funds withheld from
apportionment would no longer be available for apportionment.
Paragraph (b)(1)(B) of Section 161 provides that, ``No funds
withheld under this section from apportionment to any State after
September 30, 2000, shall be available for apportionment to the
State.'' These funds would lapse, in accordance with paragraph (b)(4)
of the section.
Paragraphs (b)(1)(A) and (b)(2) of Section 161 identify the period
of time during which funds withheld on or before September 30, 2000,
remain available for apportionment, and when they are to be restored if
the State complies with the Federal requirements before the funds
lapse. Paragraph (b)(3) establishes the period of time during which
these subsequently apportioned funds would remain available to a State
for expenditure. If the State does not meet the requirements during the
period of time that the funds remain available for expenditure, the
funds would lapse, in accordance with paragraph (b)(4) of the section.
These sections are virtually identical to those found in the
National Minimum Drinking Age Act, as amended, 23 U.S.C. 158, and the
Drug Offender's Drivers License Suspension Act, as amended, 23 U.S.C.
159. For a full discussion of how these provisions have been applied in
practice, interested parties are encouraged to read the preambles to
the agencies' joint final rules published in the Federal Register on
August 18, 1988 (53 FR 31318) and August 12, 1992 (57 FR 35989).
Comments
Interested persons are invited to comment on this proposal. All
comments must be limited to 15 pages in length. Necessary attachments
may be appended to those submissions without regard to the 15 page
limit. This limitation is intended to encourage commenters to detail
their primary arguments in a concise fashion.
Written comments to the public docket must be received by April 22,
1996. To expedite the submission of comments, simultaneous with the
issuance of this notice, NHTSA and FHWA will mail copies to all
Governors, Governors' Representatives for Highway Safety and State
highway agencies.
All comments received before the close of business on the comment
closing date will be considered and will be available for examination
in the docket at the above address before and after that date. To the
extent possible, comments filed after the closing date will also be
considered. However, the rulemaking action may proceed at any time
after that date. The agencies will continue to file relevant material
in the docket as it becomes available after the closing date, and it is
recommended that interested persons continue to examine the docket for
new material.
Those persons who wish to be notified upon receipt of their
comments in the docket should enclose, in the envelope with their
comments, a self-addressed stamped postcard. Upon receiving the
comments, the docket supervisor will return the postcard by mail.
Copies of all comments will be placed in Docket 96-007; Notice 1 of
the NHTSA Docket Section in Room 5109, Nassif Building, 400 Seventh
Street, S.W., Washington, D.C. 20590.
Separate Interim Final Rule in Today's Federal Register
In today's Federal Register, NHTSA has published a separate interim
final rule and request for comments, relating to Part 1313, the
agency's regulation that implements its Section 410 program.
The interim final rule amends Part 1313, to reflect changes that
were made to 23 U.S.C. 410 by the NHS Act, and requests comments on
these changes. It also recognizes that one of the grant criteria under
the section 410 program, which requires that States ``deem persons
under age 21 who operate a motor vehicle with a BAC of 0.02 or greater
to be driving while intoxicated,'' is similar to the new ``zero
tolerance'' sanction requirement contained in Section 320 of the NHS
Act (23 U.S.C. Section 161). The interim final rule requests comments
regarding whether additional changes should be made to the section 410
``0.02'' grant criterion, as a result of the new ``zero tolerance''
sanction program. Comments regarding this issue should be submitted to
the attention of Docket 89-02; Notice 8.
[[Page 9124]]
Regulatory Analyses and Notices
Executive Order 12778 (Civil Justice Reform)
This proposed rule would not have any preemptive or retroactive
effect. The enabling legislation does not establish a procedure for
judicial review of final rules promulgated under its provisions. There
is no requirement that individuals submit a petition for
reconsideration or other administrative proceedings before they may
file suit in court.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The agencies have determined that this proposed action is not a
significant regulatory action within the meaning of Executive Order
12866 or significant within the meaning of Department of Transportation
Regulatory Policies and Procedures. States can choose to enact and
enforce a zero tolerance law, in conformance with Pub. L. 104-59, and
thereby avoid the withholding of Federal-aid highway funds. While
specific criteria that State laws must meet have been proposed in this
NPRM, they are mandated by Pub. L. 104-59. Accordingly, a full
regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), the agencies have evaluated the effects of this
proposed action on small entities. Based on the evaluation, we certify
that this proposed action would not have a significant impact on a
substantial number of small entities. Accordingly, the preparation of a
Regulatory Flexibility Analysis is unnecessary.
Paperwork Reduction Act
The requirements in this proposal that States certify that they
conform to the statutory requirements to avoid the withholding of
Federal-aid highway funds are considered to be information collection
requirements as that term is defined by the Office of Management and
Budget (OMB) in 5 C.F.R Part 1320. The reporting and recordkeeping
requirement associated with this rule is subject to approval by the
Office of Management and Budget in accordance with 44 U.S.C. Chapter
35. NHTSA and FHWA, NEED FOR INFORMATION: To encourage States to enact
and enforce zero tolerance laws; NHTSA and FHWA, PROPOSED USE OF
INFORMATION: To provide procedures to State recipients of Federal-aid
highway funds on how to certify compliance with the provision of Public
Law 104-59. The law requires a zero tolerance law for drivers under the
age of 21; FREQUENCY: One time only; BURDEN ESTIMATE: 52 hours;
RESPONDENTS: States; FORM(S): None; AVERAGE BURDEN HOURS PER
RESPONDENT: 1 hour. For further information contact: Mr. Edward Kosek,
Office of Information Resources Management, NAD-51, NHTSA, 400 Seventh
Street, SW., Washington, DC 20590, (202) 366-2590.
Comments on the proposed information collection requirements should
be submitted to: Office of Management and Budget, Office of Information
and Regulatory Affairs, Washington, DC 20503, Attention: Desk Officer
for NHTSA. It is requested that comments sent to OMB also be sent to
the NHTSA rulemaking docket for this proposed action.
National Environmental Policy Act
The agencies have analyzed this proposed action for the purpose of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and have determined that it would not have any significant impact on
the quality of the human environment.
Executive Order 12612 (Federalism Assessment)
This proposed action has been analyzed in accordance with the
principles and criteria contained in Executive Order 12612, and it has
been determined that this proposed 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 1210
Alcohol abuse, Grant programs--transportation, Highway safety,
Reporting and recordkeeping requirements, Youth.
In accordance with the foregoing, the agencies propose to add a new
Part 1210 to Title 23 of the Code of Federal Regulations to read as
follows:
PART 1210--OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS
Sec.
1210.1 Scope.
1210.2 Purpose.
1210.3 Definitions.
1210.4 Adoption of zero tolerance law.
1210.5 Certification requirements.
1210.6 Period of availability of withheld funds.
1210.7 Apportionment of withheld funds after compliance.
1210.8 Period of availability of subsequently apportioned funds.
1210.9 Effect of noncompliance.
1210.10 Procedures affecting States in noncompliance.
Authority: 23 U.S.C. 161; delegation of authority at 49 CFR 1.48
and 1.50.
Sec. 1210.1 Scope.
This part prescribes the requirements necessary to implement
Section 161 of Title 23, United States Code, which encourages States to
enact and enforce zero tolerance laws.
Sec. 1210.2 Purpose.
The purpose of this part is to specify the steps that States must
take to avoid the withholding of Federal-aid highway funds for
noncompliance with 23 U.S.C. 161.
Sec. 1210.3 Definitions.
As used in this part:
(a) BAC means either blood or breath alcohol concentration.
(b) Alcohol concentration means either grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters of breath.
(c) Operating a motor vehicle means driving or being in actual
physical control of a motor vehicle.
Sec. 1210.4 Adoption of zero tolerance law.
(a) The Secretary shall withhold five percent of the amount
required to be apportioned to any State under each of sections
104(b)(1), 104(b)(3) and 104(b)(5) of title 23, United States Code, on
the first day of fiscal year 1999 if the State does not meet the
requirements of this part on that date.
(b) The Secretary shall withhold ten percent of the amount required
to be apportioned to any State under each of sections 104(b)(1),
104(b)(3) and 104(b)(5) of title 23, United States Code, on the first
day of fiscal year 2000 and any subsequent fiscal year if the State
does not meet the requirements of this part on that date.
(c) A State meets the requirements of this section if the State has
enacted and is enforcing a law that considers an individual under the
age of 21 who has a blood alcohol concentration of 0.02 percent or
greater while operating a motor vehicle in the State to be driving
while intoxicated or driving under the influence of alcohol. The law
must:
(1) Apply to all individuals under the age of 21;
(2) Set a blood alcohol concentration of not higher than 0.02
percent as the legal limit;
(3) Make operating a motor vehicle by an individual under age 21 at
or above the legal limit a per se offense; and
(4) Provide for primary enforcement.
[[Page 9125]]
Sec. 1210.5 Certification requirements.
(a) Until a State has been determined to be in compliance with the
requirements of 23 U.S.C. 161, to avoid the withholding of funds in any
fiscal year, beginning with FY 1999, the State shall certify to the
Secretary of Transportation, before the last day of the previous fiscal
year, that it meets the requirements of 23 U.S.C. 161, and this part.
(b) The certification shall contain:
(1) A copy of the State zero tolerance law, regulation, or binding
policy directive implementing or interpreting such law or regulation,
that conforms to 23 U.S.C. 161 and Sec. 1210.4(c) of this part; and
(2) A statement by an appropriate State official, that the State
has enacted and is enforcing a conforming zero tolerance law. The
certifying statement shall be worded as follows:
(Name of certifying official), (position title), of the (State
or Commonwealth) of ________, do hereby certify that the (State or
Commonwealth) of ________, has enacted and is enforcing a zero
tolerance law that conforms to the requirements of 23 U.S.C. 161 and
23 CFR 1210.4(c).
(c) An original and four copies of the certification shall be
submitted to the appropriate NHTSA Regional Administrator. Each
Regional Administrator will forward the certifications it receives to
appropriate NHTSA and FHWA offices.
(d) Once a State has been determined to be in compliance with the
requirements of 23 U.S.C. 161, it is not required to submit additional
certifications, except that the State shall promptly submit an
amendment or supplement to its certification provided under paragraphs
(a) and (b) of this section if the State's zero tolerance legislation
changes.
Sec. 1210.6 Period of availability of withheld funds.
(a) Funds withheld under Sec. 1210.4 from apportionment to any
State on or before September 30, 2000, will remain available for
apportionment until the end of the third fiscal year following the
fiscal year for which the funds are authorized to be appropriated.
(b) Funds withheld under Sec. 1210.4 from apportionment to any
State after September 30, 2000 will not be available for apportionment
to the State.
Sec. 1210.7 Apportionment of withheld funds after compliance.
Funds withheld to a State from apportionment under Sec. 1210.4,
which remain available for apportionment under Sec. 1210.5(a), will be
made available to the State if it conforms to the requirements of
Secs. 1210.4 and 1210.5 before the last day of the period of
availability as defined in Sec. 1210.6(a).
Sec. 1210.8 Period of availability of subsequently apportioned funds.
Funds apportioned pursuant to Sec. 1210.7 will remain available for
expenditure until the end of the third fiscal year following the fiscal
year in which the funds are apportioned.
Sec. 1210.9 Effect of noncompliance.
If a State has not met the requirements of 23 U.S.C. 161 and this
part at the end of the period for which funds withheld under
Sec. 1210.4 are available for apportionment to a State under
Sec. 1210.6, then such funds shall lapse.
Sec. 1210.10 Procedures affecting States in noncompliance.
(a) Each fiscal year, each State determined to be in noncompliance
with 23 U.S.C. 161 and this part, based on NHTSA's and FHWA's
preliminary review of its law, will be advised of the funds expected to
be withheld under Sec. 1210.4 from apportionment, as part of the
advance notice of apportionments required under 23 U.S.C. 104(e),
normally not later than ninety days prior to final apportionment.
(b) If NHTSA and FHWA determine that the State is not in compliance
with 23 U.S.C. 161 and this part, based on the agencies' preliminary
review, the State may, within 30 days of its receipt of the advance
notice of apportionments, submit documentation showing why it is in
compliance.
Documentation shall be submitted to the National Highway Traffic
Safety Administration, 400 Seventh Street, S.W., Washington, D.C.
20590.
(c) Each fiscal year, each State determined not to be in compliance
with 23 U.S.C. 161 and this part, based on NHTSA's and FHWA's final
determination, will receive notice of the funds being withheld under
Sec. 1210.4 from apportionment, as part of the certification of
apportionments required under 23 U.S.C. 104(e), which normally occurs
on October 1 of each fiscal year.
Issued on: February 29, 1996.
Rodney E. Slater,
Administrator, Federal Highway Administration.
Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration.
[FR Doc. 96-5133 Filed 3-6-96; 8:45 am]
BILLING CODE 4910-59-P
