[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Rules and Regulations]
[Pages 66074-66076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31118]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Federal Highway Administration
23 CFR Part 1208
[NHTSA Docket No. 85-12; Notice 4]
RIN 2127-AF95
National Minimum Drinking Age
AGENCY: National Highway Traffic Safety Administration (NHTSA), Federal
Highway Administration (FHWA), Department of Transportation (DOT).
ACTION: Final Rule.
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SUMMARY: This final rule amends Part 1208 of title 23 of the Code of
Federal Regulations (CFR). Part 1208 prescribes the requirements
necessary to implement 23 U.S.C. 158, which established the National
Minimum Drinking Age Act. This final rule is amending Part 1208 by
removing outdated and obsolete provisions from that regulation.
EFFECTIVE DATE: January 22, 1996.
FOR FURTHER INFORMATION CONTACT: In NHTSA: Mr. James Wright, Office of
Traffic Safety Programs, National Highway Traffic Safety
Administration, 400 7th Street, S.W., Washington, D.C. 20590, telephone
(202) 366-2724; or Ms. Heidi L. Coleman, 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
[[Page 66075]]
Administration, 400 7th Street, S.W., Washington, D.C. 20590, telephone
(202) 366-6902; or Mr. Paul Brennan, Office of the Chief Counsel,
Federal Highway Administration, 400 7th 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 a number of 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eliminate or revise those that are outdated or otherwise in need of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.
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 1208 of title 23 of the Code of Federal Regulations (CFR) should
be amended, because portions of the regulation are outdated and
obsolete.
Part 1208 prescribes the requirements necessary to implement 23
U.S.C. Sec. 158, which established the National Minimum Drinking Age.
The regulation clarifies the provisions which a State must have
incorporated into its laws in order to avoid the withholding of
Federal-aid highway funds for noncompliance with the National Minimum
Drinking Age. It also describes, in detail, the consequences of
noncompliance.
The regulation was first published in the Federal Register on March
26, 1985 (51 F.R. 10376). It was amended, to reflect statutory changes
made to the National Minimum Drinking Age Act, on August 18, 1988 (53
F.R. 31318).
Some of the provisions of the regulation are no longer applicable.
For example, under the National Minimum Drinking Age (NMDA), funds
withheld from a State prior to FY 1989 remained available for
apportionment to the State for a period of time, and States were
permitted for a limited period of time to include in their laws
``grandfather rights'' for persons who were between the ages of 18 and
21. The regulation contained provisions implementing these statutory
requirements. These requirements no longer apply. Funds now withheld
under the NMDA are not available for apportionment to the State, and
grandfather rights may no longer be included in State laws. This final
rule deletes these outdated and obsolete provisions.
The NMDA provides that the Secretary must withhold from non-
complying States, ten percent of the funds required to be apportioned
under 23 U.S.C. Secs. 104(b)(1), 104(b)(2), 104(b)(5) and 104(b)(6). At
the time the NMDA was enacted, these sections corresponded with the
Federal-aid primary, secondary, Interstate and urban systems funding
categories.
The Intermodal Surface Transportation Efficiency Act of 1991
(ISTEA), which was enacted on December 18, 1991, revised or eliminated
these funding categories, and created new ones, including the National
Highway System (NHS) and the Surface Transportation Program (STP). The
Interstate System funding category was maintained, although the
Interstate system itself is now a component of NHS. The Interstate
funding category involves resurfacing, restoring, rehabilitating and
reconstruction.
Since the enactment of ISTEA, the agencies have administered the
penalty provisions of 23 U.S.C. Sec. 158 by withholding ten percent of
a State's apportionments for the NHS, STP and Interstate System
programs (23 U.S.C. Secs. 104(b)(1), 104(b)(3) and 104(b)(5)), the
successors to the funding categories referenced in the NMDA. However,
the NMDA has not been amended to reflect the changes made to the
funding categories by ISTEA. Accordingly, the implementing regulation
for NMDA continues to reflect the language contained in the NMDA. This
final rule does not amend this portion of the regulation.
Rulemaking Analyses and Notices
(a) Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures.
The agencies have determined that this 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. This final rule does not impose any
additional burden on the public. It is technical in nature and does not
change the requirements of the program. It is anticipated that there
will be no economic impact as a result of this rulemaking. Accordingly,
a full regulatory evaluation is not required and was not prepared.
(b) 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 rule
on small entities. Based on the evaluation, the agencies hereby certify
that this action will not have a significant impact on a substantial
number of small entities. Accordingly, a Regula-tory Flexibility
Analysis is not necessary and was not prepared.
(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 agencies have analyzed this action for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
have determined that implementation of this action will not have any
significant impact on the quality of the human 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 1208
Alcohol, Highway Safety.
In accordance with the foregoing, Part 1208 of Title 23 of the Code
of Federal Regulations is amended as follows:
[[Page 66076]]
PART 1208--[AMENDED]
1. The authority citation for Part 1208 continues to read as
follows:
Authority: 23 U.S.C. 158; delegation of authority at 49 CFR 1.48
and 1.50.
2. Section 1208.4 is revised to read as follows:
Sec. 1208.4 Adoption of National Minimum Drinking Age.
The Secretary shall withhold ten percent of the amount required to
be apportioned to any State under each of Secs. 104(b)(1), 104(b)(2),
104(b)(5) and 104(b)(6) of title 23 U.S.C. on the first day of each
fiscal year in which the purchase or public possession in such State of
any alcoholic beverage by a person who is less than twenty-one years of
age is lawful.
3. Section 1208.5 is revised to read as follows:
Sec. 1208.5 Unavailability of withheld funds.
Funds withheld under Sec. 1208.4 from apportionment to any State
will not be available for apportionment to the State.
Secs. 1208.6--1208.8 [Removed]
4. Sections 1208.6 through 1208.8 are removed.
Sec. 1208.9 [Redesignated as Sec. 1208.6]
5. Section 1208.9 is redesignated as 1208.6.
Issued on: December 18, 1995.
Rodney E. Slater,
Administrator, Federal Highway Administration.
Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration
[FR Doc. 95-31118 Filed 12-20-95; 8:45 am]
BILLING CODE 4910-59-P
