[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Rules and Regulations]
[Pages 18247-18248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10121]
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CONSUMER PRODUCT SAFETY COMMISSION
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
23 CFR Part 1309
[NHTSA Docket No. 82-18; Notice 14]
RIN 2127-AG22
Incentive Grant Criteria for Alcohol Traffic Safety Programs
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule removes Part 1309 from title 23 of the Code of
Federal Regulations (CFR). Part 1309 established criteria for awarding
incentive grants to States that implemented effective programs to
reduce drunk driving and driving under the influence of a controlled
substance, in accordance with section 408 of title 23, United States
Code. The regulation is being removed because it is unnecessary and
obsolete. Funds for the section 408 program have not been authorized
since FY 1994.
EFFECTIVE DATE: May 28, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Marlene Markison, Office of State
and Community Services, National Highway Traffic Safety Administration,
400 7th Street, SW., Washington, DC 20590, telephone (202) 366-2121; or
Ms. Heidi L. Coleman, Office of Chief Counsel, Room 5219, National
Highway Traffic Safety Administration, 400 Seventh Street, SW.,
Washington, DC 20590, telephone (202) 366-1834.
[[Page 18248]]
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revise those that are outdated or otherwise in need of reform.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including whether the regulation is obsolete, whether its intended goal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 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 has determined that Part 1309
should be removed from title 23 of the Code of Federal Regulations
(CFR), because it is unnecessary and obsolete.
Part 1309 established criteria for awarding incentive grants to
States that implemented effective programs to reduce drunk driving and
driving under the influence of a controlled substance, in accordance
with 23 U.S.C. 408. Part 1309 was first published in the Federal
Register, as 23 CFR Part 1209, on February 7, 1983 (48 FR 5545). It was
amended and redesignated as 23 CFR Part 1309 on June 19, 1986 (51 FR
22276). It was further amended on July 22, 1987 (52 FR 27614), May 18,
1988 (53 FR 17692) and August 25, 1988 (53 FR 32375).
Funds for the section 408 program have not been authorized since FY
1994. Because the regulation implements a program which is no longer
active, and currently appears in the CFR among regulations that
implement programs that continue to be active, its removal will avoid
confusion for potential grant applicants. States that have remaining
section 408 balances must expend their funds in accordance with 23
U.S.C. 408, OMB Circular A-87, other applicable grant funding policies
(for current policies, States should consult the NHTSA/FHWA Highway
Safety Grant Management Manual) and the agreements the States entered
with NHTSA when they received their funds.
Rulemaking Analyses and Notices
(a) Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
E.O. 12866 and the Department of Transportation's regulatory policies
and procedures. This rulemaking document was not reviewed under E.O.
12866, ``Regulatory Planning and Review.'' This action has been
determined to be not ``significant'' under the Department of
Transportation's regulatory policies and procedures.
(b) Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), the agency has evaluated the effects of this rule on
small entities. Based on the evaluation, the agency hereby certifies
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)
This action 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.
(d) Paperwork Reduction Act
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act of 1980, 44
U.S.C. 3501 et seq.
(e) National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has
determined that this action would not have any effect on the quality of
the environment.
(f) Executive Order 12778 (Civil Justice Reform)
This amendment to the regulation does not have any preemptive or
retroactive effect. It imposes no requirements on the States, but
rather simply removes from the regulation outdated and obsolete
provisions that no longer apply. 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.
Notice and Comment
Because the amendments relate to a grant program and are therefore
not covered by the Administrative Procedure Act, and since they merely
contain technical changes that remove outdated and obsolete provisions
from the regulation and do not impose any additional requirements, the
amendments are being made without prior notice and opportunity to
comment.
List of Subjects in 23 CFR Part 1309
Alcohol abuse, Drug abuse, Grant programs--transportation, Highway
safety.
Under the authority of 49 CFR Part 1.50, Title 23 of the Code of
Federal Regulations is amended by removing Part 1309.
Issued on: April 19, 1996.
Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration.
[FR Doc. 96-10121 Filed 4-24-96; 8:45 am]
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